BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, JAN. 24, 1861 No. 5
Committee on the State Prison to make this very investigation alluded to. It seems to me to be incurring an additional expense which is not called for, inasmuch as the Standing Committee is entirely competent.
Mr. HAMILTON. I hope this matter will be thoroughly investigated. It might appear to Senators that I have personal considerations in the matter, and I merely rise to disclaim that, while I hesitate not in giving my opinion that a more corrupt transaction has never taken place in Indiana than the location of that prison. I have confidence in the Committee on the State Prison.
Mr. ANTHONY. If our Standing Committees are worth anything, they ought to do their business. I insist upon a fair and impartial investigation of this matter by a fair and impartial jury, created without direct reference to this particular question. We have heard of packing juries, and I opine we have all heard of packing select committees.
Mr. WOLFE. My recollection in regard to the action taken heretofore is, that it does not go to the proper extent. It is possible the resolution may be modified so as to suit gentlemen. I have no sinister motives in the matter, but I desire an impartial investigation.
The resolution was amended without objection, by directing the resolution to the Committee on the Penitentiary.
On motion by Mr. MARCH, the Committee were instructed to act in conjunction with the House Committee on the State Prison.
The resolution, as so amended, was adopted.
RENT OF THE FEDERAL COURT ROOM.
Mr. LINE offered a resolution, which was adopted by consent, instructing the Committee on Federal Relations to inquire whether a claim has been presented to Congress for rent for the Federal Court Room in the State House in compliance with joint resolution No. 14, of the last Legislature.
[Mr. WAGNER presented a memorial from Benjamin F. Gregory and others, which, on his motion, was referred to the Committee on Claims, without reading.]
KILLING OF STOCK BY RAILROAD COMPANIES.
Mr. COBB offered a resolution, instructing the Judiciary Committee to report a bill giving a more perfect remedy against railroad companies in the State to owners of stock killed by locomotives and cars.
Mr. COBB. In my own county in the past twelve months, there has not been a loss of less than $2,500 by the Mississippi R. R. and the Louisville, New Albany and Chicago R. R. and although I believe my constituents are as loyal to the laws of the country as any other gentleman's, yet I do believe if things go on as they have done in the past year, it will not be twelve months until the track of these railroads will be torn up.
Mr. RAY. I desire to urge upon the Senate the necessity of taking some action in this matter. It is a very serious grievance to the portion of my constituents living upon the line of railroads.
Mr. SHIELDS. The people of Jackson and Jennings counties are well know to be for the maintainance of the laws, but I have feared for the last few years as to what would be the result unless some more stringent legislation were had on this subject.
Mr. JOHNSON moved to amend the resolution by making it one of expediency.
The PRESIDENT. The hour of 10 o'clock having arrived, and the House being in waiting for the Senate, Senators will at once repair to the Representatives' Hall.
When the Senate returned-
[Mr. LINE asked and obtained leave of absence for Mr. Ferguson during the coming week.]
The amendment was agreed to, and the resolution, as amended, was adopted.
SPECIAL TERMS OF CIRCUIT COURTS.
Mr. WOLFE offered a resolution, which was adopted, inquiring of the Judiciary Committee whether there is any law for the holding of special terms of Circuit Courts, &c.
SHEEP-KILLING DOGS.
Mr. MURRAY offered a resolution, instructing the Committee on Agriculture to report a, bill for the better protection of the wool-growing interest of the State, having for its basis compensation to persons sustaining loss by sheep-killing dogs.
Mr. JONES urged the passage of a law upon this subject, otherwise we might as well abandon the idea of raising sheep in Indiana.
Mr. LINE. It is true the agricultural interests are suffering largely from the destruc page: 68[View Page 68]tion of this kind of stock, and calls loudly for protection at our hands.
Mr. MILLER. A number of my constituents regard this as a matter of some importance. In my section the sheep-growing community seriously suffer by dogs in consequence of the great number of these animals which are allowed to run at large. I doubt not the Agricultural Committee will devise some means by which this evil may be done away with.
The resolution was adopted.
[On motion it was ordered that, when the Senate adjourn this afternoon, it be till Monday next at 2 o'clock P. M.]
NUMBERING COMMON PLEAS DISTRICTS.
Mr. MILLER offered a resolution, which was adopted, instructing the Committee on the Organization of Courts to inquire into the expediency of numbering the districts established for common pleas purposes.
ELECTION OF U. S. SENATOR.
Mr. DICKINSON offered a resolution, which was adopted by consent, authorizing the appointment of a committee of seven to inquire what legislation is necessary in relation to the manner of electing U. S. Senators.
SCHOOL LAW AND SCHOOL FUND.
Mr. JOHNSON offered resolutions, which were adopted by consent, instructing the Committee on Education to inquire into the expediency of amending the school law, so as to allow widows having children to vote at school meetings; and whether there is any law authorizing the loaning or distributing of the school funds arising from estates without heirs, &c.
SMOKING IN LOBBIES.
On motion by Mr. BEESON, it was ordered that the Doorkeeper prevent smoking in the lobbies while the Senate is in session.
AMENDMENT TO THE CONSTITUTION.
Mr. MARCH offered joint resolutions proposing amendments to the Constitution, so that towns and cities shall have power by taxation to raise money for the support of common schools, and giving the Legislature power to fix the qualifications of votes; which were referred to the select Committee on Amendments to the Constitution.
NORTHERN STATE PRISON.
Mr. WAGNER offered a joint resolution providing for joint action of the State Prison Committees of the two Houses in the investigation of the affairs of the State Penitentiary at Michigan City.Pending the consideration of which The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. CONNER moved to amend the joint resolution by authorizing the appointment of a committee of two on the part of the Senate, to be selected from the Standing Committee on the State Prison, and three on the part of the House, to which shall be referred ail matters relating to the Northern Prison, including a personal examination thereof.
Mr. TEEGARDEN lived in that part of the State. The charge has been made boldly that there has been a swindle and bad management in the location of the Penitentiary at Michigan City. Now that a committee has got to investigate this matter, he would like the interests of the whole State represented of the committee. The matter is worthy of a thorough investigation. Some people seem to think that this Prison has been built on a sand bank, and that, Lake Michigan, will wash under it and sink it. On the contrary there could be no better location found in the State. There is no place in the State where it could be located that would work less injury to the mechanical interest; while it will prove a source of more revenue to the state than it could possibly if located at any other point. He was well satisfied that if a committee goes up there and examines the ground, they cannot report otherwise than favorable.
Mr. MELLETT thought it would be more likely to be a fair investigation before a large than a sraall committee. For one he was determined that the matter should be thoroughly investigated, and insisted that it should be done by the entire Committee on the State Prision.
Mr. LANDERS was opposed to the resolution and thought it much better to have the large committee on the State Prison, which was selected by the Senate without a view to personal interest. If there was fraud committed he wanted it exposed.
Mr. MILLER objected to the amendment for the reason that the committee proposed is composed of too small a number, entirely, for the investigation that ought to be made. The proposition of the gentleman from Warren, [Mr. Wagner,] is probably the best.
Mr. TARKINGTON was opposed to the amendment and preferred that the responsibility should be left to the regular standing committee.
Mr. MURRAY agreed with the Senator from Monroe, [Mr. Tarkington,] and courted a full and fair investigation.
Mr. MARCH hoped the amendment would be adopted; he could not think of sending seventeen or eighteen stalwart men up there when five could do the business as well.
Mr. TURNER understood that the Legislature was to be invited to visit Michigan City in a body before the close of the session; to be furnished with free passes over the railroads and with free entertainment while there.
Mr. NEWCOMB thought that the best proposition yet made. [Laughter.]
Mr. BEARSS would rather see gentlemen desirous of curtailing expenses where it would page: 69[View Page 69] be of no practical benefit, and referred to the expenses of the Committee appointed to wait upon Mr. Lincoln at the State Line, to escort him to the Capital. The expenses of that Committee may be as much as the expenses of the Committee visiting the Northern prison.
Mr. CLAYPOOL regarded this as an effort to take from the Prison Committee matters germain to it, and give them to another Committee. With the Senator from Floyd. [Mr. Anthony] he raised his voice against such proceedings.
The amendment was rejected, and the resolution was adopted.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed to the second reading:
By Mr. HULL: [S. 41] Supplementary to an act to amend sections 1 and 2 of an act to provide for compensation to the owners of animals killed by railroads, approved March 1. 1853; and to provide the manner of the service of process, approved March 6, 1859. "
By Mr. CONLEY : [S. 42] To amend section 8 and 10 of the Justices' act of June 9, 1852; so that the bond shall be from two to six thousand dollars; jurisdiction not to exceed 200, but they may confess in any sum not exceeding $300.
By Mr. TURNER, [S. 48.] To authorize the formation of new counties, change county boundaries, and repeal all laws inconsistent therewith. On his motion the rules were suspended-yeas 40, nays 0-the bill read by title the first and second time, and referred to the special committee on that subject.
By Mr. WILSON. [S. 44.] To make a copy of the register, catalogue and description of land sold at any land office of the United States within this State procured by the board of commissioners of any county from the Auditor of State, prima facia evidence of the truth of their contents
By Mr. MELLETT. [S. 45.] To amend sec. 3 of an act to provide for the election of a Reporter of the Decisions of the Supreme Court, &c, approved February 5, 1852, to prohibit the publication of briefs in the court decisions.
By Mr. LANDERS. [S. 46.] To amend sections 57 and 59 of an act defining misdemeanors, approved June 14, 1852, to prevent illegal voting.
By Mr. LANDERS. [S. 47.] To amend sections 5 and 21 of an act regulating general elections, approved June 7, 1852, so as to preserve the purity of elections.
By Mr. CRAVEN. [S. 48.] To provide compensation to owners of animals killed or injured by the cars, locomotives or other carriages of any railroad company in this State.
By Mr. NEWCOMB. [S. 49.] To provide for struck juries in circuit and common pleas courts.
By Mr. O'BRIEN. [3.50.] To amend see. 59 of an act to repeal the general laws in force for the incorporation of cities, to provide for the incorporation of cities, &c. approved March 9, 1857.
By Mr. MURRAY. [S. 51.] To amend sections 95, 97, 99 and 101 of an act to provide for a general system of common schools, &c., approved March 5, 1855, so as to require county auditors to send their statement of school funds collected to the State Superintendent befere the second Monday of January; the superintendent to apportion the school money by the 15th of February; the county treasurer to distribute the school money on 2d Monday of March, &c., &c.
By Mr. CLAYPOOL. [S 52.] To amend sec. 852 of the Practice act, approved June 18f 1852, so that the court may grant new trials on the payment of costs.
[Mr. STEELE asked and obtained leave of absence for Mr. White, on account of sickness in his family.]
By. Mr. MILLER. [S. 53.] To provide a proper office for the use of county surveyors, providing books for recording surveys, defining duties prescribing fees.
By Mr. LINE. [S. 54.] Regulating docket fees in the Court of Common Pleas, and providing that the salary of district attorney shall be $600.
By Mr. CONLEY. [S. 55.] Providing for stationery and postage ($20 each) for members of the Legislature, for the employment of reporters, and the publication of its proceedings in certain newspapers.
By Mr. TURNER. [S. 56.] To amend sec. 10 of an act to authorize the formation of new counties, and to change county boundaries, approved March 7, 1857, so as to allow new counties to be formed out of territories of let-a than four hundred square miles.
[The PRESIDENT laid before the Senate the report of the branch bank of the State at Terre Haute.]
[On motion by Mr. LINE, Senator Miller was placed on the committee to which is referred all proposed amendments to the Constitution.]
By Mr. WOLFE. [S. 57.] To amend sec. 1 of the assessment act, approved June 21,1852, authorizing the levying of a poll tax by county boards.
By Mr. SHOEMAKER. [S. 58.] To amend sections 4 and 5 of an act relative to the salaries of public affairs, approved March 5, 1859. making the docket fees "three" and "five" dollars instead of "one" and "four" dollars.
And then-
On motion the Senate adjourned.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 18 19 , 1861.PETITIONS.
Mr. ORR presented a petition, which, without reading, was referred to the Committee on Rights and Privileges.
page: 70[View Page 70]Mr. JONES, of Wayne, presented the petition of sundry citizens of the State, asking for a law for the protection of fish, similar to the Ohio fish law, which was referred to the Committee on Rights and Privileges.
Mr. BLACK presented the petition of sundry citizens of Orange county, asking for tin repeal of the New County Law of March 7 1857, and the amendments thereto of March 6. 1859; which was referred to the Committee on County and Township business.
Mr. BRANHAM presented the petition of J. L. Mansfield, and others, asking for such legislation as shall secure the rights of resident aliens and their heirs, in the matter of holding, inheriting, and conveying real estate ; which was referred to the Committee on the Judiciary.
LIBRARIAN, CANAL TRUSTEE, STATE AGENT.
Mr. BUNDY submitced a joint order, that the House will (the Senate concurring proceed in joint convention this day at 10 o'clock, to the election of State Librarian, Canal Trustee, and State Agent.
On motion by Mr. BUNDY, it was ordered that the Committee on Education be increased by two members.
RESOLUTIONS.
Mr. ROBERTS submitted resolutions, which were adopted, directing the Committee on Benevolent Institutions to inquire into and investigate the present condition and management of the Hospital for the Insane: 2. To ascertain whether the present building is large enough for the reception, accommodation and proper treatment of all entitled to the benefits of the same: 3. To report an estimate of the cost to complete the north wing of the building, according to its original design, and how many patients such addition would accommodate: 4. Whether it is not expedient and necessary to complete the building according to its original design, within as short a time as practicable.
Mr. ANDERSON submitted a resolution, setting forth that there is no law of the State regulating the guage of wagons, and directing the proper committee to consider this subject, and report.
It was referred to the Committee on Rights and Privileges.
Mr. MOODY submitted an order, which was adopted, that the Doorkeeper procure 500 copies of the Report of the Swamp Land Investigating Committee of last session, and cause them to be laid on the desks of members.
Mr. WILLIAMS submitted an order, which was adopted, requesting the Superintendent of Public Instruction to inform this House who are the Trustees of the Indiana University, when they were elected, &c.
Mr. SLOAN submitted a preamble and resolution, requesting Messrs. Jenkinson and Sherman to resign their places on the Special Committee to investigate the Northern State Prison, on account of their respective interests in the location thereof.
Mr. PARRETT stated that this was not to be taken as a personal reflection on either of these gentlemen, but only to release them from an onerous duty.
On motion by Mr. DOBBINS, it was laid the table.
Mr. HURD submitted an order, which was adopted, instructing the Committee on Education to inquire into the expediency of amending the laws relative to the distribution of School Fund, so as to give to each school district in the township an equal amount of money.
Mr. OWENS submitted on order, instructing the Judiciary Committee to inquire into the expediency of so amending the law as to make it the duty of the County Recorder to issue marriage licenses instead of the County Clerk.
A Senate message announced the concurrence of that body in the House joint resolution in regard to the postage, pay and mileage of members aud officers ; also in regard to the election this day of Librarian, State Agent and Canal Trustee.
Mr. ORR submitted a joint resolution [18] in relation to National Affairs, which was referred to the Committee of Thirteen.
WHEREAS, There are many persons living under the Government of the United States, who boldly assert and affirm that the Government of the United States is a compact to which the people of the several States, as separate and sovereign-communities, are the parties, and that each of these sovereign parties have the right, whenever they choose to exercise it, of annulling this compact, and of seceding from the Government of the United States, and organizing for themselves separate and sovereign States or National Governments, wholly and in every way independent of the Government of the United States; therefore
Resolved, by the General Assembly of the State of Indiana, That the Government of the United States is one founded on the ordination or adoption of the people and creating relations between itself and individuals; that no State authority has the power to dissolve these relations, and that there is no way whereby they may be resolved other than by successful revolution.
Be it further resolved, That our Senators in Congress instructed, and our Representatives requested, to use their influence to secure the adoption of such measure as will effectually secure and preserve the integrity, entirety and perpetuity of the Union, and to favor the adoption of such laws as will bring to condign punishment any person or persons who may annul or endeavor to anuul or resist the execution of any of the laws of the United States, whether the person or persons so annulling or| endeavoring to annul or resist the execution of the law acting, or professing to act, in their individual capacity as the officers or representatives of a State or any number of States.
AND WHEREAS, South Carolina and certain other of the States have already seceded, or at least passed ordinances of secession from the General Government, therefore.
Resolved, That we deeply deplore the hasty and precipitate action of our sister States, and, pointing them to our common origin, to our happy and prosperous history, to our present powerful and commanding position among the nations of the earth, and to the glorious future, which, if we remain united, surely awaits us, we do entreat them to retrace their steps, and to return to duty as constituent and integral parts of our common country.
Resolved, That we do recommend to the General Government, that a spirit of moderation and conciliation to
page: 71[View Page 71]pursued towards these, our States, in the hope that they may thus be won back to the path of duty.
Resolved, However, that if at any time, it should become necessary to resort to force in order to secure the execution of any of the laws of the United States, anywhere within the jurisdiction of the United States, that we pledge the State of Indiana as willing and ready to furnished one hundred thousand men to the General Government, in order to enforce the laws of the Union, whenever, wherever, and by whomsoever their execution may be resisted.
WHEREAS, One reason given by the seceding States for the course they have been and are pursuing, is that certain other States have passed laws tending to hinder and prevent the execution of the law of the United States, known as the Fugitive Slave Law, approved September 18, 1850; therefore
Resolved, That we do deny that the State of Indiana has, or ever had, any such law, or any law upon her statute books, the tendency of which was directly or indirectly to hinder or obstruct the execution of any law of the United States, or in any way calculated to do violence to any of the constitutional rights of any citizen of the United States, and that we successfully point to our statute books as a refutation of the charge, as far as the State of Indiana is concerned.
Resolved, That we recommend to our sister States, that if any such laws are in force in their jurisdiction, that a strict regard for the constitutional rights of the citizens of our sister Southern States, would suggest a repeal of the same.
[A message from the Governor announced that he had appointed Wm. R. Holloway his Private Secretary, and that he was authorized to make executive communications to the General Assembly.]
Mr. ROBBINS submitted an order, that the Committee on Education inquire into the constitutionality and expediency of so amending the present school law, as to allow to each township the privilege of voting for such additional school tax as will support a school for six months in the year.
Mr. BUNDY submitted a formal order, which was adopted, inviting the Senate to the joint convention for the elections for this day.
Mr. HAYES submitted a joint resolution [19] in reference to the President, officers and citizens of the United States, and in favor of the Union, the Constitution and the enforcement of the laws ; which was referred to the Committee of Thirteen.
Be it Resolved by the General Assembly of the State of Indiana, That it is the duty of the President of the United States, and all in authority under him, or enjoying the benefits of the Constitution thereof, to enforce the laws of the United States passed by Congress, and as the Courts expound them; and to do all in their power to aid the Government of the United States in maintaining the supremacy of the laws against all resistance, come from whatever quarter it may.
Be it further Resolved, That it is the duty of the President of the United States to treat all attempts to break up the Union by resistance to its laws, as President Jackson did the Nulliflers in 1832, that is by declaring that "the Federal Union must and shall be preserved."
Be it further Resolved, That the Governor be, and he is hereby requested to furnish a copy of these resolutions to the President of the United States, and to each of our Senators and Representatives in Congress.
NEW BILLS.
By Mr. DOBBINS. [60] Providing for depositing the bonds and freehold securities by the several railroad companies in this State, providing penalties for violation of this act, and awarding liens on said securities for stock killed by railroads.
By Mr. ORR. [61] Defining who shall be qualified voters at District school meetings, for the selection of district directors, &c., and repealing all laws confuting therewith.
By Mr. VEATCH. [62] To authorize the Bank of the State of Indiana to lay off and create five additioual bank districts, and to locate and establish bank therein.
By Mr. PROSSER. [63] To repeal the act to prevent the carrying of concealed or dangerous weapons, approved February 22, 1859.
By Mr. BRUCKER. [64] Authorizing aliens to hold lands in the State of Indiana by purchase or otherwise.
By Mr. HEFFREN. [65] To repeal the act touching gaming contracts.
By Mr. ATKISSON. [66] To amend section 476 of the Practice act of June 18, 1852.
By Mr. POLK. [67] In relation to fences along railroad lines, and the killing of stock on railroads.
By Mr. HOWARD. [68] To amend section 466 of the Practice act.
By Mr. DOBBINS. [69] To amend the act providing for serving process on officers, directors, attorneys or agents of any railroad, approved March 4, 1853.
By Mr. PACKARD. [70] Supplemental to section one of the act providing for the election or appointment of supervisors; approved June 18, 1852.
By Mr. MOODY. [71] To amend section 14 of the act defining misdemeanors, and prescribing punishment therefor; approved June 14, 1852.
By Mr. CRAIN. [72] For the recovery of personal property, providing for an execution against the body, and repealing all laws in conflict therewith.
Thess bills were passed to the second reading.
ELECTION OF LIBRARIAN, AGENT, CANAL TRUSTEE.
At 10 o'clock the Senate came into joint convention for the election of those officers-the president of the Senate presiding.
The order for election of Librarian was first announced.
Senator Hull nominated R. Deloss Brown, of Dearborn.
Mr. Heffren nominated L. St. Clair Dill.
Senator Carnahan nominated John B. Dillon, of Marion.
Mr. Stotsenberg nominated John O. Green, of Floyd.
The PRESIDENT of the Senate announced the whole number of votes cast 145 ; necessary to a choice 73. Of these Mr. Brown received 87; Miss Dill, 30; Mr. Dillon, 18, and Mr. Green, 10. Mr. Brown having received a majority, was declared duly elected Librarian for the term of two years from the expiration of the term of the present incumbent.
In the order of the election of State Agent, Robert N. Hudson, of Vigo, and Daniel C. Stover, of Montgomery, were put in nomination.
page: 72[View Page 72]The PRESIDENT of the Senate announced the whole number of votes 145: necessary to a choice 78. Of these Mr. Hudson received 87, and Mr. Stover 58. Mr. Hudson having received a majority, was declared duly elected Agent of State for the term of two years from the expiration of the term of the present incumbent.
In the order for the election for Canal Trustree, Joseph S. Hanna, of Lafayette, was the Republican caucus nominee, and Mr. Heffren nominated Richard Raleigh, of Vanderburg.
The PRESIDENT of the Senate announced the report of the tellers, viz.: whole number of votes 146, necessary to a choice 74. Of these Mr. Hanna received 88, and Mr. Raleigh 58. Mr. Hanna having received a majority, was declared duly elected Canal Trustee for the term of three years under the provisions of the act of 1846-7 creating that office.
The convention was then prorogued and the Senators retired.
Mr. Frasier made an ineffectual effort for a clerk for the Committee on County and Township Business.
AFTERNOON SESSION.
NEW BILLS.
By Mr. HEFFREN: [73] To provide for the collection, safe-keeping and disbursement of the public moneys: [All payments and disbursements to be made in gold and silver loaning the public money to be taken as embezzlement, punished as a felony, &c.]
By Mr. BRETT: [74] To amend the 5th section ot the Liquor law of March 5, 1859 :
By Mr. McCLURG: [75] To amend the 412th section of the Practice Act of June 18, 1852:
By Mr. BLACK: [76] to amend section one of the act to authorize County Recorders and County Surveyors to issue fee bills; approved March 5, 1855:
By Mr. HENRICKS: [77] To amend the 6th section of the act to incorporate the St. Joseph Iron Company, approved January 22, 1835, and to repeal sections 7, 8, 9, 10, 11. 12 of said act:
By Mr. LEE: [78] To authorize the County Commissioners to exempt the property of widows from taxation when it does not exceed $300 in value:
By Mr. TURNER : To amend the act for the appointment of Sheriff of the Supreme Court, and prescribe certain of his fees; approved May 13. 1852; and to repeal all laws in conflict therewith :
By Mr. JONES, of Tippecanoe: [SO] To prevent emigration from another State, or from one county to another in this State, for the purpose of voting or influencing elections in such county or township ; to punish violations, &c., and to repeal the act of March, 1857, on the same subject,[accompanied with the petition of Jacob Benedict and other for its enactment:]
By Mr. HOPKINS: [81] To quiet the title to a piece of ground in Vanderburg county, the east half of lot five on part of the Northwest quarter of section 29 in township six, south of range 10, west:
By Mr. HENRICKS: [82] To amend the 7th section of the act to incorporate the South Bend Manufacturing Company, and repeal the 9th section of the same; approved December 28, 1842:
By Mr. HEFFREN : [83] Te provide for a general system of Common Schools,the officers thereof, their respective powers and duties, and matters properly connected therewith; to establish township libraries, and for the regulation thereof. [On his motion, under a dispensation of the Constitutional provision, this bill was read the first and second time by its title, and then referred to the Committee on Education :]
By Mr. ORR : [84] To regulate interest, on money, and to repeal the act concerning interest on money, approved May 27, 1852, and repeal all laws in conflict with this act: [Mr. Bundy made an ineffectual motion for a dispensation and second reading.]
These bills, excepting No. 83, were passed to the second reading.
GAVIN & HORD'S STATUTES.
Mr. HEFFREN, from the special committee appointed to inquire with reference to the purchase of Gavin & Hord's Statutes, reported letters from Bingham & Doughty and Gavin & Hord, the publishers and editors of said Statues, proposing to fill the State's order for three dollars a volume; and recommending a State subscription for a - number of copies for the use of the General Assembly, and - copies for the public officers.
Mr. NEBEKER moved to refer the report, to the Committee on the Judiciary.
Mr. HURD would stand in need of this work, unless he were supplied with all the acts since 1850. The House would not be capable of acting intelligently on many questions without it, and he thought it would be economy to procure it.
Mr. EDSON. The first volume brings up the compilation of the nets to this time, and the second volume would embrace the acts of the present Legislature. It seemed to him that the body ought to subscribe for the first volume, aud that at least 100 copies be procured for the use of the House.
Mr. SMITH, of Bartholomew, understood the the subscription for these books to be proposed for the benefit of lawyers.
Mr. HEFFREN. Yes, sir.
Mr. SMITH. Then it should be ascertained how many practicing lawyers there are in the House, that they might be supplied to the extent of their number.
Mr. HURD. It was not a subscription for members in the sense of taking the books home with them. They were for use in the public service.
page: 73[View Page 73]Mr. HEFFREN moved ineffectually to post-pone the further consideration of the report till Tuesday.
Mr. BRANHAM hoped the House would not vote this supply of books without the proposition first going to the committee proposed. If it was right for the House to have them he was ready to vote for the proposition.
The report was then referred to the Judiciary Committee.
EMBEZZLEMENT BILL.
Mr. Branham's Embezzlement Bill [H. R. 1] defining certain felonies, &c., was taken up and considered on the second reading.
On motion by Mr. BRANHAM, it was referred to the Committee on the Judiciary.
Mr. STOTSENBERG desired to amend by substituting appropriately the word "felony" for embezzlement," and for "breach of trust."
Mr. PROSSER proposed to amend by including in its provisions and penalties "all city, town and other officers, all executors and administrators, and all persons acting in any fidiciary capacity whatever."
The amendments, by unanimous consent, were referred with the bill.
Mr. Williams' bill [2] declaring it a felony to destroy railroad cattle-guards, &c.; and
Mr. Cameron's bill, [3] to provide for the Common Pleas Court in Newton county, were considered on the second roading, and referred to the Committee on the Judiciary.
Mr. McLean's bill [4] to amend sections 70 and 91 of the aasessment act, June 21, 1852, was considered on the second reading, and referred to the Committee on County and Township Business.
Mr. Jenkinson's bill, [5] to repeal the taxing power of County Commissioners, was considered on the second reading, and referred to the Committee on the Judiciary.
ADJOURNMENT TILL MONDAY.
Mr. PARRETT moved that when the House adjourns, it shall be till Monday, at 2 o'clock P. M.
Mr. WOODHULL would know the reason for this motion. Was it to give gentlemen living on the railroads a chance to go home?
Mr. BUNDY, It was not for the purpose of running home, but to give time for members to employ themselves in committees, and investigate the business before them. The business of the body must be prepared outside of this Hall. It would advance the business of the session for members to employ themselves in the committees, so that the House could not sit more than four days in the week. It was a standing rule of the last session, and a good one, to adjourn from 11 o'clock Saturday till Monday, 2 o'clock. He had moved the same order for the present session; but for the present, he was in favor of the motion of the gentleman from Elkhart.
Mr. BRANHAM. It was not so ranch what was proposed as what was completed that made the value of the session. If gentlemen would look over the files of the last session, they would find that three-fourths of the work was not completed. He was satisfied that the manner of doing business which commonly obtained in this body, was not the best. The main portion of the work should be done in the committees: and if they are not reliable, we must take them as we find them. He remembered the economical pretensions of the session of 1855, At one time in that session there were forty men on the sick list because of undue confinement in this room. Members of the Legislature, like all other men, required exercise and recreation. So far as our compensation was concerned, he did not care a fig for that. He never came here as a member but that his salary fell short of his expenses, and he never expected to. His only purpose was to use the time devoted here to the State to the best advantage. How many of the Committees now knew what was to come before them? Gentlemen should prepare themselves by examining into the past, and familiarizing themselves with the history and legislation of the State. They would then be moving in the right direction. And if they wanted to go home, he had no objection. It was not to be supposed that gentlemen coming here to serve, should be treated worse than other men. So far as he was concerned, he would be glad for every member to go home Saturday, and return Monday.
[A Senate message announced the passage there of a joint resolution to send the joint committee on the Penitentiary, to Michigan City.]
Mr. CAMERON. The argument that business was to be forwarded in the committees by adjourning over from Friday till Monday, he thought fallacious. The adjournment would scatter the committees. It was already intimated that the committees would not be able to meet till Tuesday. He would vote for an adjournment every day at 2 o'clock. That would give time for work in the committees.
Mr. STOTSENBERG said this system of adjournments would throw all the important business into the heel of the session.
Mr. WOODHULL. He was on but one committee, and that had adjourned till Monday evening, because of this proposition. The argument of the gentleman from Porter was conclusive against the motion. The effect of the adjournment would be that we would have no committees. He also concurred with the suggestion of the gentleman from Porter, that it would be better to adjourn for the half of each day.
Mr. DOBBINS proposed to amend the motion by requiring the members of standing committees to come here to-morrow and set ID their rooms till 4 o'clock.
The SPEAKER ruled the amendment out of order.
Mr. GEESHAM. It was necessary that the page: 74[View Page 74] House should sit to-morrow to get work before the committees.
Mr. VEATCH cited an authority against the debateableness of a motion to adjourn to a day certain.
The SPEAKER. The gentleman has got hold of Jefferson's Manual. [Laughter.]
Mr. FRASIER was for the motion. Most of us were unacquainted with committee business. He was a member of the Committee on County and Township Business; and although he had practiced law for twelve years he yet knew very little about the law, and legislation in these matters which might guide him in the committee. He could occupy himself with researches in this direction, and in looking over these annual reports on our tables. He could put in his time pretty well between now and Monday.
Mr. Parrett.'s motion was adopted by yeas 51, nays 43.
Mr. MOODY made an ineffectual motion to adjourn.
Mr. Roberts's bill, [6,] to amend the act for the election of Presidential electors, was considered on the second reading, and referred to the Committee on elections.
MISDEMEANORS.
Mr. Woodhull's bill [7] to amend the 13th section of the act of 1852, defining misdemeanors, was considered on the second reading.
Mr. WOODHULL asked for its engrossment. It proposed a change only so far as the punishment is concerned. As the law now stood, If a man destroy a horse by poison, you could not send him to prison, as if he stole the horse, or stole no more than five dollars. He rehearsed a case in his county, which makes this act desirable. A man was convicted of malicious trespass in poisoning two horses-one worth $250 and the other $100-for which he was sent to the county jail for a year and fined $200. He served out his year, and was still in jail because unable to pay his fine. He considered it plain that, in such cases it ought to be left to the jury whether there should be fine or imprisonment in the penitentiary.
Mr. FISHER moved that the bill be referred to the Committee on Judiciary.
The motion was agreed to.
The House then adjourned till Monday 2 o'clock p.m.
IN SENATE.
MONDAY, January 21,1861.The Senate was not in session this forenoon.
AFTERNOON SESSION.
A message from the Governor was received, transmitting resolutions in relation to the troubles and dissentions of the country, which he had received from the Governors of the States of Ohio and New York.
Mr. CONNER presented a series of motions adopted at a meeting of citizens Of Miami, Fulton, Cass and Wabash counties held in Peru on the 19th inst., in relation to the present want of organization of the militia of the State ; which were referred to the Committee on Military Affairs, without reading.
STOCK RUNNING AT LARGE.
Mr. MURRAY offered a resolution, which was rejected upon a division, directing the Committee on Agriculture to inquire into the expediency of amending the law, so as to make owners of stock running at large liable for damage done to persons or property.
COLLECTION OF DEBTS.
Mr. TEEGARDEN offered a resolution, which was rejected, directing the Judiciary Committee to inquire into the expediency of changing the law, so as to make the collection of debt legal, in the township where contracted.
WORK FOR COMMITTEES.
On motion by Mr. MELLETT, the rules were suspended and the following bills-described more fully on pages 6, 30, and 45 of these reports-were read the second time and severally referred:
Mr March's embezzlement bill, by consent, was taken from the table and read.
Mr. WOLFE moved to amend the bill by making it the duty of the Treasurer of State when he shall have $1,000 in bills of any bank to present them for redemption.
Mr. MARCH. I don't propose to discuss the policy of this amendment. It does not belong to this bill. The bill is intended as a law to provide penalties against embezzlement of the public funds.
Mr. WOLFE. My amendment is intended to recite what the duty of the Treasurer is, so as to prevent what is provided for in the amendment freing regarded as a misappropriation of the public funds.
Mr. NEWCOMB. The amendment does not go far enough if that is the object of it. The proposition ought to be that the Treasurer might present any amount of bills for redemption. I do not understand the bill takes away from the Treasurer the right anybody else would have; but this amendment would make it his duty to become a carpet bag gentleman to run over the State. If authority is necessary, I would vote to give him the right to present bank bills at pleasure for redemption.
The amendment was rejected.
The bill was referred to the Judiciary Committee.
Mr. Conley's [15] was read and laid on the table-in the absence of the author.
Mr. Jones' [16] to number sheep killed by dogs. Referred to Committee on Agriculture.
Mr. Wilson's [17] allowing prosecuting attorneys 10 per cent, on moneys collected by forced recognizance. To the Judiciary Committee.
page: 75[View Page 75]Mr. Conner's [18] making publication 30days before the first day of term sufficient. Ordered engrossed for the third reading.
[On motion by Mr. NEWCOMB, the Senate agreed to take up his bill, [7] descried on page of these reports. At the suggestion of Mr. RAY, the words "circuit judge" were inserted after the words "common pleas judge." The bill was then passed by yeas 33, nays 3.]
Mr. Claypool's [19] allowing quails to be killed in January and February.
Mr. BLAIR moved to amend by limiting the time to February 1.
The bill and amendment were referred to the Committee on Agriculture.
Mr. Cravens' [20] supplement to the Temperance law, To the Committee on Temperance.
Mr. Dickinson's [21] apportionment bill. To the Special Committee heretofore ordered, consising of Senators Williams, Anthony, ____ , Line. Mellett, Newcomb, Johnson, Wagner, Bearss and Hamilton.
Mr. Murray's [22] for the collection of liquor licenses, To the Temperance Committee.
Mr. Hall's [23] increasing the time allowed assessors to make out their lists. To the Committee on Finance.
Mr. Line's [24] regulating the time of meeting of the State Board of Agriculture. Ordered engrossed for the third reading.
Mr. Dickinson's [25] authorizing justices, judges and mayors to administer oaths. To the Judiciary Committee.
Mr. Shoemaker's [26] supplemental to the county seat act. To the Committee on County and Township Business.
Mr. Lomax's [27] concerning highways. To the Committee on Roads.
Mr. Turner's [29] increasing punishment of depredators on lands. Passed the second reading informally.
Mr. Blair's [30] amending the election law, being read-
Mr. SHIELDS moved to strike out all that relates to producing the certificate of naturalization of foreign voters.
Mr. BLAIR. It is not imperatively demanded in all cases, though he must account for it in some reasonable way.
Mr. RAY. It is very doubtful whether the act containing such a disqualification would be constitutional or not.
Mr. WOLFE. I wish to see all voters put as nearly on an equality as possible. While our object should be to preserve the purity of the ballot box, we should not deprive legal voters of the right to vote.
The bill and amendment were referred to the Judiciary Committee.
A MESSAGE FROM THE HOUSE
Announced the passage of a bill [H. R. 59] to amend section 1 of an act fixing the time of holding the Common Pleas Courts in this State.
And then-
On motion the Senate adjourned.
HOUSE OF REPRESENTATIVES.
MONDAY, January 21, 1861.DEFICIENCY OF TREASURY.
The SPEAKER laid befere the House a communication from the Auditor, containing a statement of the condition of the Treasury this day, and suggesting that the Legislature provide for its expenses and the expenses of the State, till the revenue of 1860 can be realized. The statement shows by figures an estimate that $72,712 31 must be provided by loan; and the Auditon recommends that the loan be made from the Sinking Fund, &c.
On motion by Mr. NEBEKER, the paper was referred to the Committee on Ways and Means.
PETITIONS.
Mr. NEBEKER presented the petition of Francis H. Tebbs and other citizens of Warren county, asking for the repeal of the New County Acts of March 7, 1857, and March 5, 1859; which was referred to the Committee on County and Township Business.
Mr. BUNDY submitted the memorial of sundry citizens of Knightstown, asking the General Assembly to pass resolutions inviting emigration of oppressed white citizens in the Southern States to the State of Indiana.
Mr. JONES, of Vermillion, from the Committee on Stationery, submitted a report recommending an additional clerk and two folders for the stationery room.
The report was concurred in.
FEES AND PERQUISITES.
Mr. VEATCH submitted a resolution, which was adopted, that the Governor be requested to lay before the House any information now in his possession, or that he may be able to obtain, in relation to the amount of fees and perquisites which may have been received by the Governor, Auditor, Treasurer and President of the board of Sinking Fund Commissioners since the 5th day of March, 1859, and whether said fees and perquisites have been paid into the Treasury as required by law.
STATE ARSENAL.
Mr. GRESHAM submitted a resolution, authorizing the Governor to rent some suitable and convenient room centrally located in this city, to be used as a State Arsenal, and that he have the arms in the present arsenal overhauled by some competent officer, and removed to such room,
Mr. HEFFREN. What arms has the State in the arsenal? I understand that there are 13 muskets and two rusty horse pistols.
Mr. GRESHAM understood there were arms there, and thought it proper to take care of them.
On motion by Mr. HOLCOMB, it was referred to tho Committee on Military Affairs,
Mr. ORR submitted a resolution, that the Committee on Military Affairs, report as soon as possible a bill to thoroughly organize the militia of the State; and also to provide for page: 76[View Page 76] the organization of volunteer companies, to be furnished with arms, and drilled in the Man-al and Platoon exercise.
Mr. EDSON proposed to amend by inserting the words "inquire into the expediency of."
Mr. ORR only wished to take the most effective and certain means to have the militia organized.
Mr. PROSSER, as a member of the Committee on Military Affairs, said that they proposed at as early a day as possible to report a bill.
Mr. BUNDY did not think it worth while to be in too great haste about the matter. We were not, it seemed, to be speedily plunged into a war.
Mr GRESHAM, as chairman of the Committee, concurred with Mr, Prosser. A good deal of deliberation and examination was necessary to prepare the bill proposed. The Committee had had bat one meeting, and unfortunately not many of them were familiar with military affairs. They were not going to be idle.
Mr. EDSON. His object in the amendment was to give time for reflection. There was a difference of opinion in regard to the course that ought to be pursued. We had heretofore abstained from peremptory resolutions.
On motion by Mr. NEBEKER, the resolution and amendment were laid on the table.
LANDLORD'S LIEN.
Mr. McLEAN submitted a resolution, which was adopted, instructing the Judiciary Committee to inquire whether there is any statute giving to landlords a lien on the growing crops to secure their rent from the tenant: and, if not, to report a bib creating such lien, if deemed expedient and proper by said Committee.
THE LATE DR. OWEN S CABINET.
Mr. FRASIER submitted an order which was passed, that the Agricultural committee inquire into the expediency of purchasing for the use of the State, the geological and mineralogical cabinet, and chemical and philosophical apparatus of the late Dr. David Dale Owen.
NORTHERN STATE PRISON INVESTIGATION.
On motion by Mr. BUNDY, the House took up the consideration of the Seante joint resolution providing for the investigation of the Northern State Prison.
Mr. HEFFREN. Did not the resolution contemplate that all of the Prison Committee should visit the prison?
Mr. BUNDY understood it did.
Mr. STOTSENBERG. It was needless for so many to go.
The SPEAKER The Chair supposed the committee must decide that matter. A certain duty was devolved on the committee, and they must discharge it as they think best.
Mr. BUNDY considered that it belonged to the House to designate the number that should go.
Mr. STOTSENBERG moved that the number be limited to three of the Standing and three of the Select Committee.
Mr. DOBBINS made a point of order that the House could not thus interfere with a commitee. As one member of the committee he would not be willing to report on the investigation of three. He thought it might be sufficient for the Standing Committee to go.
The SPEAKER sustained the point Of order.
Mr. NEBEKER moved to repeal the resolution appointing the Special Committee, wishing to avoid unnecessary expense.
The SPEAKER. The gentleman could not repeal a resolution by a motion.
Mr. RAGAN understood that the committee was only invested with power to send for persons and papers, and that additional powers were necessary to authorize them to visit the prison.
Mr. HOLCOMB. If such had not been his understanding he should have voted against the resolution.
Mr. STOTSENBERG reasoned against Mr. Dobbins' point of order, and insisted on reducing the number of visiting members of the committee.
Mr. HEFFREN. The resolution for the Select Committee had been passed and settled by a refusal to reconsider. It might be competent for the House to say that but three shall go; but he could assure the House that they would not make a report unless they had their own ordering of the investigation. The committee would of course abide the decision of the House, but there was no reason why parliamentary rule should be violated by such interference. Charges had been made implicating State officers-that the Auditor of State had overdrawn some $40,000, and it was but justice to that gentleman and to the State, that a full investigation should be made. The House could do as it pleased, but ho submitted that it would not become the body to ignore such grave charges of fraud on account of the expense of investigation.
Mr. WOODHULL thinking it competent, according to usage, for the committee to go or not, as they see proper, and seeing no use in the resolution-on his motion it was laid on the table.
COUNTY AUDITORS AND TREASURES.
Mr. BUNDY submitted a resolution which was adopted, that the Committee on fees and salaries inquire into the expediency of amending the 127th section of the act on the 136th page of the first volume of the Revised Statutes with reference to the duties of these offices, and inquire whether certian fees of the Treasurers are not too high, and certain fees of the Auditors are not too low, &c. &c.
NORTHERN PRISON AGAIN.
Mr. CAMERON submitted a resolution to repeal the resolution of the House of Repre page: 77[View Page 77]sentatives, raising a special committee to investigate the location and construction of the Northern State Prison, and transferring its duties to the standing Committee on the Penitentiary.
He maintained that if it was unnecessary to have both committees. They contained fifteen members, and it was totally unnecessary for us to send such an array of members to Michigan City.
Mr. JENKINSON said he had always understood Mr. Cameron to be opposed to this investigation. The affairs of our State Prison were in such a condition that one committee could not make the necessary examinations if we mean to have them properly made. Let us have everything fairly discussed. A car to take the committees to Michigan City has been proffered free of charge. He repeated that there had been paid out $40,000 more than had been appropriated, and that $40.000 more were coming on us. We should not endure this, and he was certain the Democratic party would not.
Mr. HEFFREN raised a point of order. The House had decided not to change the committee; a resolution to rescind it could not, therefore, be in order.
Mr. PROSSER thought that the point of order was not well taken. There was a necessity for the adoption of the resolution, because one committee was sufficient to make all necessary investigations.
The SPEAKER decided the resolution to be in order.
Mr. CAMERON denied that he had any interest or desire to prevent investigation. He had never been at the Northern Prison, and hoped he never would be. But his course had been governed by a desire to decrease expenses, for he represented a county that had been bled to death by oppressive taxation. The nuances of the State are in such a condition, that we have been told that we must borrow money to carry on public affairs. Shall we now increase the demand on the Treasury? The standing committee can make the investigations, and the resolution confers upon it all the powers the House has given to tie select committee. If the committee must go to Michigan City, let it be as small as possible. The standing committee was composed of talent and members sufficient to do justice to the interests of the State.
Mr. FISHER said that when the question of examining into the affairs of the Northern Prison was first introduced here, he thought an investigation was necessary. As the member from Allen was the mover of the resolution creating the committee, parliamentary usage required him to be placed on the committee. He had strong feelings and had prejudged his course. It became necessary to have the present locality represented on the committee, and hence the member from Laporte was placed on it. These opposing influences will lead to a strong contest to a majority and a minority report, and the House will thus be kept in the dark as to the true state of the facts. Under such circumstances, it was best, to dispense with the committee.
Mr. FRASIER was glad to see the House coming to tho point he had insisted upon at the beginning-the propriety of referring the investigation to the Standing Committee. He had much respect for the members from Allen and Laporte, but their antagonism made it better to dispense with the committee. Besides this, he was opposed to creating any unnecessary expense.
Mr. JENKINSON said that he believed the mover of the resolution was unfriendly to investigation, on the principle that he who was not for him was against him. Admit that there may be two reports, the House could decide between them. The State, as Governor Hammond has shown, was now indebted ten millions of dollars, and now it is to be increased by the construction of this Northern Prison. The Illinois prison, at Joliet, had cost about two million of dollars, and ours at Michigan City would cost as much. The stone of ours cost more, because it has to be brought from a distance. Are we to incur such an expense and not investigate the charges made, lest the investigation might cost the State something?
Mr. DAVIS proposed "to amend by adding these words: "and that all resolutions referred to the select committee be referred to the standing committee.
Mr. SHERMAN said he wished it distinctly understood that he desired this matter to be thoroughly investigated. His only fear was that it would not be impartial. As for the advantages claimed for the location at Fort Wayne, he was ready to show that building stone could be delivered at Michigan City at less expense than stone of the same quality could be raised to the surface in any quarry in the State of Indiana. As to the charge that we have to cart the sand six miles, he would ask the gentleman whether he could get brick furnished and laid in the wall for less than $6.50 per thousand ?
Mr. JENKINLON. Yes, I can get them laid in the wall for $5.50.
Mr. SHERMAN was not now going into details, but pledged himself that there should be no begging of the question before the Committee.
He would refer to one thing more alleged by the gentleman from Allen, because, looking over the published journals, he had found it repeated by a Senator in the other end of the building. The gentleman had said that the special appropriation had been overdrawn by $40,000. Would he say how he came to that conclusion?
Mr. JENKINSON. I saw it in the books themselves-$90,000 overdrawn.
Mr. SHERMAN. I find, on referring to the report of the Auditor, that on tho first of No page: 78[View Page 78]vember last, expenses on account of the Northern Penitentiary were then $69,000. The special appropriation was $50,000, for a specific purpose. By referring to the act authorizing this Prison, it will be seen that it provides that the necessary expenses for the management of the Prison and salaries of officers shall be paid out of the general fund of the State. But in the gentleman's account, the whole amount of expenses of the Commissioners has been charged to the special fund. After the location was made, it then became virtually a Prison. The bill provides that the expenses of construction only shall be paid out of the special fund : and I undertake to say, that not one dollar of the special appropriation has been overdrawn. If our officers shall be able hereafter to manage this Prison, without making an overdraft, I shall be glad of it. But I am not willing that these Democratic officers shall be unjustly censured, for they will have as much to answer in the matter as they can well stand under. It was currently reported all over the State that these commissioners had expended the whole of the appropriation for the Prison before it was located. But fortunately it was not true; for they were still able to commence the work. Let us figure a little here. One hundred and fifty convicts were removed to the Northern Prison, under the provision of the bill that they should be employed upon its construction. If you count the boarding of these 150 convicts at 31 cents a day-the cost of their removal from, the Southern Prison-the construction of their temporary cells, you will will find these items will be nearly $40,000. Where were these expenses to come from? If they were to come out of the special fund, every cent would have been drawn before they had taken a single step in the construction. There would not have been enough left for the construction of a pig-pen. Still, if those commissioners have been guilty of fraud, I, as a Republican from head to foot, am as anxious as any to have a full investigation, and to see the censure fall where it justly belongs. And I am not opposed to the adoption of the present resolution. I believe that an adequate investigation can be made by the Standing Committee.
Mr. BRANHAM voted for the original resolution for the Special Committee, believing that public justice demanded it. The object was to get the facts before the House in time for action. He did not pretend to decide on the evidence as to the conduct of these officers. But one thing he decided ; and that was, whenever an officer is charged with fraud, the State owes it to him either to clear him, or convict him. The object was to lay before the people a fair expose of the matter, aad the Standing Committee could not do that in time. As to the expense, more money had already been expended in debate than the investigation would cost. He was willing to vote-millions for investigation, but not a cent to cover up fraud. We owed this investigation to these Commissioners, and it would afford no man more pleasure than himself to be able to exculpate them.
Mr. GRESHAM. Did they demand it?
Mr. HEFFREN. Yes.
Mr. BRANHAM. If they did not they ought to. Money was mere dirt. To prevent the demoralization of the public officers of the State was the great matter. If these peculations were not stopped, the State credit would not be worth a farthing. What! were we to have officers sworn to support the Constitution and laws, then trample them under foot in every department! He remembered his early opposition to this prison. He did everything in his power to defeat it. They told us $50,000 was all they wanted to complete it; but they had already expended much more than that, and by a construction of law in regard to this and other matters, the treasury was now bankrupt.
Mr. COLLINS, of Huntington, concurred with Mr. Branham, and hoped the Special Committtee would be retained.
Mr. FRASIER also wanted the investigation to proceed. If the standing committee could not do it he withdrew his support of the resolution of the gentleman from Porter.
Mr. NEBEKER would also change his course.
Mr. HEFFREN represented that the special committee had already commenced work with a clerk, &c., and expense had been incurred in messengers sent for witnesses, and it would be idle to strike it down.
Mr. PROSSER had stated he was for doing the best for the State. If gentlemen will say that both committees of the House shall not go, then he was in favor of retaining the special committee, and of allowing them to take their own course.
Mr. BUNDY repeated what he had said before, that the law authorizing this prison was a fraud, because it set out with the declaration that it should not cost exceeding $50,000. Every man knew it was impossible to build a prison for that amount. And if there hai been fraud, and since we had decided with such unanimity to raise a committee to investigate that fraud, should we now discharge the committee ? He had voted against raising the committee, thinking it cheaper to repeal the law and lose the money. But it had been decided that the subject was worthy of consideration, and the committee had been raised. But it had been said that the minds of some members of the committee had been made up-that the gentleman from Allen and the gentleman from Laporte had prejudffed the case. He conld not see that this would be any disadvantage to the investigation. The majority of the committee had been selected from the Southern counties-disinterested men-and the gentlemen from Allen and Laporte could page: 79[View Page 79]play the lawyer, bring witnesses and examine them; and the others might sit as a jury and try who is in the right and who is in the wrong. If we adopt this resolution, we go hack to where we were 10 days ago. This seemed to him like child's play; and considering that this subject had been pretty well "aired" two or three times, he moved to lay the resolution and pending amendment on the table.
Mr. PROSSER demanded the yeas and nays, and they were ordered and taken.
The resolution and amendment were laid on the table by yeas 67, nays 31.
Mr. HEFFREN moved to reconsider, and to lay the latter motion on the table, and the latter motion was agreed to.
Mr. CAMERON submitted a resolution, that the Select Committee on the affairs of the Northern State Prison inquire whether the Commissioners have contracted with Messrs. Butterfield & Stanton for the labor of convicts in said prison at 25 cents a day, and if so,whether it should not be annulled, &c.
Mr. C. read a statement from the Laporte Union newspaper, alleging that the commissioners had made such a contract to run for five years, and urged the inquiry whether it ought to stand, when the usual price for convict labor was 40 to 50 cents a day.
The resolution was adopted.
On motion by Mr. ERWIN, it was ordered, that the Standing Committee on the Penitentiary be discharged from any duty connected with the Northern State Prison.
Mr. FEAGLER submitted a joint resolution [20] to hasten the action of the Secretary of the Interior of the United States inlaying before the General Assembly of the State the legal ratio of Congressional representation under the census of 1860.
Mr. FISHER could see no reason for the State of Indiana calling for this information in a matter provided for by a law of Congress; and on his motion it was laid on the table.
On motion by Mr. MOODY, it was ordered that Mr. Hurd be added to the Swamp Lands Committee.
REVISION OF THE SCHOOL LAW.
Mr. Davis submitted a resolution, which was adopted, that the Committee on Education inquire into the expediency of revising the School law, and providing for the publication of a sufficient number of copies thereof to supply the school districts throughout the State.
JAMES WILSON.
Mr. PROSSER submittad a joint resolution [21]which was adopted, appropriating dollars for the erection of a suitable monument to the memory of James Wilson, one of the signers of the Declaration of Independence from the State of Pennsylvania, whose remains repose in a cemetery near Charleston, in this State; and that the same be done under the superintendence of the Governor in conjunction with a committee of the General Assembly.
The SPEAKER appointed Messrs. Prcsser, Packard, and Howard, under said resolution.
Mr. HORTON submitted an order, which was adopted, that the Select Committee of the House to investigate the Northern State Prison be authorized by the order of the Speaker to draw on the Treasury for money for their expensee, to be incurred in visiting said Prison.
SCHOOL FUND.
Mr. ROBERTS submitted a resolution which was adopted, as follows:
Resolved, That the Judiciary Committee be instructed to report amendments to the 8th Article of the Constitution (provided it is not deemed incompatible with the public good,) as follows, to wit:
1. To the effect that the funds in the second section thereof mentioned, shall be and remain a consolidated and perpetual fund for the support of common schools in this State, which may be increased but never diminished, and which shall have a uniform and general application throughout the State, so that each county will draw its quota of interest arising therefrom, in proportion to the number of children therein.
2. That that proportion of the common school fund which may arise in each county from direct taxation, and from fines and forfeitures under the penal code, shall remain in said county for the exclusive and entire benefit of the common schools therein.
MONETARY RELIEF.
Mr. HEFFREN submitted a preamble and resolution, rehearsing the existing money crisis, the commercial difficulties involved in the restriction of bank issues, and directing the Committee on Banks to inquire into the propriety of authorizing a suspension of specie payments by our banks as a means of relief.
Mr. BRANHAM. The Constitution provides that that shall not be done.
Mr. HEFFREN. It may involve a constitutional question : I wish to refer it to a committee that knows something about it.
On motion by Mr. HOPKINS, it was laid on the table.
GIBSON COUNTY COMMON PLEAS.
On motion by Mr. HOLCOMB, his bill [H. R. 59] to change the timos of holding the Common Pleas Court in Gibson county, was taken up and passed the final reading in the House of Representatives by yeas 85, nays 0.
The House then adjourned.
IN SENATE.
TUESDAY, January 22,1861.PETITIONS WERE PRESENTED
By Mr. O'BRIEN, which were referred to the Judiciary Committee without reading.
By Mr. WAGNER, which were referred to the Committee on Finance without reading.
By Mr. TURNER, from citizens of Lake county, praying for the repeal of the new county law of '57 and '59 ; referred to the Judiciary Committee: also, in regard to trespass on timbered lands; referred to the Committee on Roads, without reading.
page: 80[View Page 80]COUNTY BOARDS AND FAIR GROUNDS.
Mr. BEESON, from the Committee on Agriculture, to which was referred a resolution inquiring into the expediency of reporting a bill giving county boards power to assist agricultural societies in paying for fair grounds; reported adversely thereon.
The report of the Committee was concurred in by the Senate.
EXPENSE OF DITCHING IN BENTON COUNTY.
Mr. WAGNER offered a resolution, which was adopted, asking of the Auditor and Treasurer of State to inform the Senate of the amount of money expended for ditching swamp land in Benton county, item by item.
INCREASE OF STATE BANK ISSUES.
Mr. TARKINGTON offered a resolution, which was adopted, inquiring of the President of the Bank of the State of Indiana whether legislation is necessary to cans State Bank to furnish a greater amount of circulation for the relief of the people, &c.
ROAD CHANGES.
Mr. LINE offered a resolution, instructing the Committee on Roads to so alter the law relating to the change of highways, that when commissioners shall grant the petition of any person desiring a road changed on his own land, he shall pay all the expenses incurred by such change.
Mr. LINE, I propose to make this a test vote of the Senate, and I hope Senators will vote understandingly.
Mr. STONE: I would be willing to vote in favor of the resolution, if it would state that if the change was in favor of the individual he should pay the expense incurred. In cases where the change made would be for the interest of the county, he should not pay the expense.
Mr. WILLIAMS. Many times changes are made in the location of roads for the public benefit, and who are to be the judges of that? It seems to me we have laws enough already upon that subject. I am opposed to the adoption of the resolution.
Mr. SHIELDS. It is almost an every-day occurrence that men try to get roads straightened ; and I think if a man petitions for a change on his own land, it is perfectly right that he should bear the expense.
Mr. COBB. I think this resolution ought not to be adopted in the language in which it is couched. The spirit of the resolution may be good. In case the change is of public utility I can see no reason why the public should not pay the expense, but if the change be not for the public utility then I should be in favor of a law compelling the person through whose land the change passes to open the road at his own expense. I would be willing to say it should be opened and maintained at his own expense.
Mr. MURRAY. What I desire is that a man who gets up a petition to change a high, way on his own land for his own benefit, shall pay the expense of that change I hope the resolution will pass.
Mr. WILLIAMS moved to amend by inserting the words " provided the same shall not be deemed of public utility."
The amendment was rejected upon a division-affirmative 14, negative 15.
Mr. COBB moved to amend by providing that if the viewers of such change shall rel port that is not of public utility, then the petitioner shall open and maintain such change at his own expense.
Mr. SHIELDS. It seems to me that goes too far. I move to strike out the word " maintain."
The motion was agreed to.
Mr. LOMAX made an ineffectual effort to I amend by providing that "if such change will not affect the public interest the road may be established."
Mr. CARNAHAN made an ineffectual motion-yeas 17, nays 26-to lay the resolution on the table.
On motion by Mr. CRAVEN the resolution , was referred to the Committee on Roads.
FEDERAL RELATIONS.
On motion by Mr. CONNER the order of business was suspended, in order to take up the report of the Committee on Federal Relations.
The PRESIDENT. When the Senate was las, considering this report, at the adjournmentt the Senator from Marion [Mr. Newcomb] was entitled to the floor.
Mr. NEWCOMB. I was not anticipating the discussion this morning. If any other Senator desires to speak, as I am very hoarse this morning, I will give way, if not, I would prefer that we proceed with the regular order of business.
Mr. WAGNER, I had hoped gentlemen who wished to address themselves upon this question would, by this time, at least, be ready, that the Senate may come to a conclusion in regard to this matter at as early a day as possible. Already other States have expressed themselves upon this great national question. As a matter of course, I do not want gentlemen to speak upon these great questions before they are prepared; but, I wish Indiana to make her declaration soon.
Mr. HAMILTON. I hope Senators will discuss this matter with calmness and deliberation. I shall discard all party predilections, and come to a vote upon this subject as a Senator representing a conservative constituency. It is enough for me to know that my country is in danger, and that discord and disunion is before us. I know of nothing I would not do or sacrifice upon the altar of my country. I see nothing, sir, in the resolutions you introduced to prevent my voting for them. I have only one objection to them, and that is, they page: 81[View Page 81]don't go far enough. I am net going to inquire what is the cause of the revolution that now exists. If I can, by any vote I can give, throw a mite upon the troubled waters, it will be the happiest vote I ever gave in my life. I did not intend to trouble the Senate with any lengthy researches. I only want to ask my Democratic friends not to throw a firebrand in here, by saying the Republican party is the cause of this trouble; and also to ask my. Republican friends not to say it is the speeches and papers of the Democratic party that has caused this trouble.
A man that will attempt to make party triumph at a time like this, it appears to me has but little manhood-but little honor. Then, Mr. President, I hope we will meet the question in a spirit of conciliation, and that we will agree upon something that will be the united voice of Indiana.
Mr. NEWCOMB. I see that it is the desire of the Senate that this discussion shall go on. I will endeavor to proceed with my remarks, and if I find myself compelled to close abruptly on account of my hoarseness, I will do so.
Mr. COBB. I discover the Senator is laboring under a severe hoarseness. I should like to hear him at a time when he is free from a cold. If the Senator will give way, I will move to postpone the consideration of this subject till to-morrow.
SEVERAL SENATORS. "No." "No." "No."
Mr NEWCOMB. I will go on as gentlemen urge; but I may not be able to follow the line of argument suggested by the Senator from Allen, [Mr. Hamilton.] I think it necessary, in order that we may occupy a just position before the country in discussing this question, that something should be said of the recent position of the several political parties. What I say will not be said in any spirit of anger, but simply in vindication of the party to which I belong from the oft-repeated charge that we are disinclined to adopt measures to save the country. The discussion which has arisen on the report of the Committee, was a surprise to me, and must be a matter of astonishment to the people. I had hoped the patriotic sentiments embraced in the resolutions would have met with the earnest, ready and unanimous approval of every member of the Senate. Let me inquire for a few moments who is responsible for the crisis that is upon the country? Not the Republican party. We have but exercised in a constitutional form the elective franchise, an inheritance from our fathers, which no free man can give up without becoming himself a slave. We have voted for and elected to the presidency a man whose honesty has come to be a proverb, a man whose conservative sentiments have been vouched for by more than one of the secession leaders in the South. An attempt is now made te introduce a new and alarming feature in American politics, which is nothing more or less than this recognition of the right a defeated party to revolutionize the Government. I ask gentlemen to point to a case where a defeated party has come up and demanded that the Constitution shall be amended. Heretofore when an election has been had and the result ascertained, there has been a ready acquiesence. But what has been the conduct of the Opposition on this occasion? Why, sir, from our Presidential election until now, the Democratic press of the country has been teeming with articles embracing just such sentiments as we find in this minority report, and they have been scattered broadcast through the South, and wherever they have been read, they have palsied the hand of the honest Union man in the South, and nerved the arm of treason. More than that,sir, we have had resolutions of Democratic Conventions, even in this hour of our country's peril, when we see, day after day, States falling away from our Confederacy, and we find this same stream of misrepresentatisn poured into the excited oars of the South, still further complicating the difficulties.
Now this thing started out by the repeal of the Missouri Compromise and we have been fighting over that for six years. I think the olive branch would be to offer to settle that line. I am perfectly willing to restore the Missouri Compromise line, and I think that ought to be satisfactory to the South. I understand the feelings of my constituents and I believe there are eight thousand of them at my back. There are many other portions of the Crittenden amendment that I will cheerfully indorse. I am willing that he should put forty clauses in the Constitution that no Congress shall ever interfere with the system of slavery where it exists under statute law.
Mr. Newcomb spoke an hour by way of illustration and enforcement.
Mr. MURRAY. I cannot agree with some of my Republican friends in the position they have assumed here. I like in the main the argument made by the Senator from Marion, [Mr. Newcomb,] but I am against doctoring up our present Constitution, as setting a bad precedent; and then, sir, against his own argument he comes in and says we are willing to amend the Constitution to avoid these present difficulties. As a Republican Senator, I will not agree, by vote or by act, to any compromise-in the language of the illustrious Clay, no power on earth shall make me by word or deed give one rood of free territory to the everlasting curse of human bondage.
Mr. Murray continued the argument on the same side generally; also speaking at length.
When he had concluded, this subject was postponed, and made the special order for ten o'clock to-morrow.
The Senate accepted the House invitation to the flag raising, and then adjourned till 9 o'clock to-morrow morning.
page: 82[View Page 82]HOUSE OF REPRESENTATIVES.
TUESDAY, January 22,1861.WORK FOR COMMITTEES.
On motion by Mr. EDSON, the reading of the journal of yesterday was dispensed with, the regular order of business was dispensed with, and the House took up the consideration of bills on the second reading.
Mr. Nebeker's bill [8] to provide for extra compensation to clerks and sheriffs coming up-
Mr. NEBEKER said the same bill had passed the House at the last session with but three negative votes, but failed for want of time in the Senate. It had passed the ordeal of the Standing Committee, and he hoped it would now be allowed to go to a select committee. But-
On the motion of Mr. PARRETT, it was referred to the Committee on the Organization of Courts.
Mr. Edson's bill [9] to amend section 148 of the Practice act of June 1852, providing for the settlement of decedants' estates; Mr. Speaker Allen's bill [13] for refunding license money illegally collected; Mr. Packard's bill [14] to amend section 1 of the act concerning the interest on money; Mr. Prosser's bill [19] to amend section 33 of the Practice act of June 18, 1852, so as to provide that actions against the maker of any written contract shall be commenced in the county of the maker's residence; Mr. Roberts' bill [20] to amend section 1 of the Practice act; Mr. Moss' bill [21] to amend section 420 of the Practice act; Mr. Stotsenberg's bill to amend the 28th section of the Practice act; Mr. Frasier's bill [31] to amend the 15th section of the act concerning promissory notes, of May 12, 1852, and sections 381 and 445 of the Practice act; Mr. Orr's bill [34] to punish hindring an affray; Mr. Cason's bill [35] to amend section 238 of the Practice act, so as to admit parties to testify; were referred to the Committee on the Judiciary.
Mr. Kendricks' bill [10] authorizing township libraries to loan certain funds, was referred to the Committee on Education.
Mr. Williams' bill [11] for rebuilding and repairing division fences along the lines of railroads, was referred to the Committee on Agriculture.
Mr. Hopkins' bill [15] to amend section 2 of the act of February 12, 1855, concerning the organization of voluntary associations, was referred to the Committee on Corporations.
Mr. Black's bill [16] for refunding saline funds erroneously paid; Mr. Wilson's bill [23] to amend section 23 of the valuation act of June 21, 1852, were referred to the Committee on County and Township Business.
Mr. Heffren's bill [17] to regulate the Public Printing by contract, was referred to the Committee on Ways and Means.
Mr. Erwin's bill [18] to amend the act of March 7, 1857, so that new counties may be formed out of territory less than 400 square miles, was referred to the Committee on New Counties.
Mr. McClurg's bill [22] to repeal the act to establish courts of conciliation; Mr. Kendrick's bill [29] to create the 16th Judicial Circuit, were referred to the Committee on the Organization of Courts of Justice.
Mr. Holcomb's bill [25] to repeal the wild game law ; Mr. Cameron's bill to amend the same act, with amendments thereto, by Mr. Moody, extending the time of killing prairie hens in the month of August, and by Mr. Prosser requiring the protection of quails to extend from the last of September to the first of March; Mr. Nebeker's bill [28] to amend the act of May 27, 1852, concerning interest on money ; Mr. Bundy's bill [32] tc provide for the rights of married women in the sale af real estate, were referred to the Committee on Rights and privileges.
Mr. McLean's bill [24] to preserve the purity of the ballot box, was referred to the Committee on Elections.
Mr. Bundy's bill [27] fixing the compensation of Speaker of the House of Representatives at $6 a day, was referred to the Committee on Claims.
Mr. Edson's bill [37] to amend the liquor law, and allow commissioners to locate, build, and repair school-houses, was referred to the Committee on the Judiciary.
PITTSBURGH, FORT WAYNE AND CHICAGO RAILROAD.
Mr. McLean's bill [33] to protect the title of purchasers of railroads by foreclosing mortgage or other proceeding in law or equity, and to enable them to organize corporations and exercise corporate powers, being read the second time-
Mr. FISHER said a bill involving so great an amount of money and property, should not pass without being first printed.
Mr. McLEAN. That would be proper after the amendments to be proposed should be reported. He would state that the bill did not propose to cut off the claim of any citizen of Indiana against railroads.
Mr. COLLINS, of Huntington. It was a bill for the benefit of home creditors and stockholders, and was vital to those interested in the Pittsburgh, Fort Wayne and Chicago Railroad. This was a road of over 400 miles. The company had been embarrassed, and could not pay the interest on their bonds. There were six millions of stock. A receiver had been appointed, and the road was now operated at great expense in the hands of the receiver. In addition to the bonded debt, there were two millions of a funded debt. The stockholders were prostrate. They resided on the line of the road. There was a provision in this bill for a re-organization of this Company; and the stockholders considered it
