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.
