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.
