about this. It will open the door to fraud to some extent; but I do not know any way to prevent it. I must vote for the bill, because the funds must be loaned. I would like to close the doors as to the swamp land fund; but the act of Congress is imperative, that the money shall go for ditching. I know no better way than to pass the bill, but I regret the necessity.
The bill was then ordered to be engrossed, considered as engrossed, ordered to the third reading, read the third time and passed the House of Representatives - yeas 48, nays 8.
INDIANA REPORTS.
The Speaker laid before the House a letter from Gordon Tanner, late Reporter to the Supreme Court, with reference to the distribution of the current volumes of the Indiana Reports belong to the State, and as to what is due from the State to Merrill & Co., on account of which the Reports are withheld by them.
On motion by Mr. BUNDY, the letter was referred to the Committee on Ways and Means.
On motion by Mr. HOLCOMB, it was ordered that Messrs. Carson and Kendrick be added to the special committee to investigate the books of the Adjutant General.
The House then took a recess till two o'clock P.M.
AFTERNOON SESSION.
Mr. SHERMAN submitted the following, which was adopted:
Resolved, That the committee appointed by the House to examine the kind and quality of provisions furnished at Camp Morton be instructed to inquire into the management of the Quartermaster's department, the price paid for such articles as are furnished by direction of the Quartermaster-General; the quality of the same, and whether purchased by public or private contract; and such other matters touching the management of said department as they in their judgment may deem advisable, and that said committee have leave to sit during the recess of the Legislature.
CONTRABAND SHIPMENTS.
The concurrent resolution of the Senate for a joint special committee of three on the part of the House to confer with the United States District Attorney and the United States Marshal for the State as to the extent of the power of those officers to prevent shipments to the South of articles contraband of war, and report, &c., was taken up and concurred in.
ARMS IN THE COUNTIES.
Mr. BLACK submitted the following, which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of repealing the law passed at the last session of this Legislature, requiring the Governor to collect to this place all arms distributed among the several counties of this State.
VOLUNTEER'S DEPUTY BILL.
On motion of Mr. McLEAN, the Deputy bill [S.8] which failed this morning for want of a constitutional vote, was again taken up.
He said the constitutional objection to the bill was in that clause which forbids the holding of two lucrative offices at the same time by the same person. But this could not apply to Col. Dumont, for he was in the service of the United States, and that but for three months; so technically he received no annual salary from that source. It was not an office under the Federal Government that he held. It was simply a call on the Indiana militia to serve the United States three months, and could not come within the purview of this clause of the Constitution. There was the example of a Colonel in the Mexican war and a member of Congress in the same person at the same time. There was a gentleman in Bartholomew county who was clerk of the county and a Captain in the Mexican invasion; and the present distinguished Senator from Oregon was now a Brigadier-General under the appointment of Mr. Lincoln.
Mr. DOBBINS said his principal objection to the bill was his aversion to giving too many offices to one man. Not that Col. Dumont would not serve well, nor that he had not served to the utmost satisfaction in whatever position he had been placed. If he could not well perform the duties of both the places he now holds he would say, let him resign one.
Mr. BUNDY. The constitutional point was "No person holding a lucrative office or appointment under the laws of the United States or of this State." The question was, is he holding a lucrative office. He insisted that the objection taken this morning was well taken.
Mr. CRAIN. "No person holding a lucrative office or appointment under the laws of the United States, or of this State, shall be eligible to a seat in the General Assembly." That is the way the Constitution reads. If the Constitution read that such a person should not be eligible to any office, then there could be no question about its applicability here. But it does not. It only fixes that no member of the Legislature shall hold a lucrative office. But Col. Dumont was ia the service of the United States, and so was not affected by the provision, any more than a judicial officer would be affected by his election to the Congress of the United States. He did not care how many offices a man holds, if he is the page: 118[View Page 118] man for the position. He had always understood that Col. Dumont had managed the sinking fund well. Col. Dumont, he believed, was a Democrat, when there used to be Democrats, but Republicans always voted for him because he was qualified. He did not know Col. D. personally, but from his reputation he was willing he should stay in his position. According to his experience it was a hard thing to get men to fill offices right.
Mr. WOODHULL read the constitutional provision, and declared the conclusion that no person could hold two lucrative offices, "unless as in this Constitution otherwise specifically provided" Col. Dumont was appointed under the military authority of the State; and he showed the provision in those cases. But then, as there was no annual salary, he could not see the slightest constitutional objection to his holding on. Col. Durnont had not gone into the service of the United States for the pittance of the pay. It was the impulse of patriotism. He would be opposed to giving the Colonel's civil office to any man whose want of patriotism would allow him to take it, and so deprive the State of an efficient and valuable officer.
Mr. Speaker ALLEN. (Mr. Sherman in the Chair.) If the bill be unconstitutional the House should not pass it; if not, I see no reason why the House should reject it. If it be unconstitutional it is so upon the ground of the same individual 'holding two lucrative offices or appointments. Our constitution has one exception, and that is the officers of the militia. Gentlemen seem to speak of Col. Dumont as in the United States army. He is not in the United States army, but with the Indiana militia. He has been called into the field by virtue of a provision of the constitution of the United States and of the act of Congress of 1795, through the proclamation of the President of the United States, calling out the militia of the different States for the purpose of-preventing or quelling insurrection. And pursuant to the proclamation of the President of the United States and in virtue of the act of Congress in 1795 the militia of the State of Indiana are now in the field, and Col. Dumont is in one of the regiments; and he is therefore clearly within the exception. I understand some gentlemen object to the passage of the bill for the reason that there is no restriction upon the deputies. I call the attention of such gentlemen to the third section. It provides that the deputies by this act authorized shall take the oath prescribed for their principals, shall be subject to the same penalties, and shall also file the same official bonds. Here there is ample protection against unauthorized and illegal action. Now then there is another law which doubles their security, because the principal is liable for the acts of his deputy; hence the security of the principal is likewise doubled. Now if I am correct as to the constitutional provision, and if Col. Dumont is in the Indiana militia, there is no foundation as to the constitutional objection; and if he is not in the Indiana militia then Camp Morton is filled with soldiers under no authority of law whatever. I do hope the bill will pass. I have but a slight acquaintance with Col. Dumont. I know he is reputed as a good civil officer; and I have heard that he is also a good military officer. He has tendered his services to the State and through the State to the General Govern merit for the purpose of upholding the laws and preserving the Union. It is on that account, principally, that I feel solicitious for passage of this bill; so as to leave him in the field - for battle if necessary - in command of the regiment over which he has been appointed. And I think that when a gentleman like Col. Dumont goes into the service under such circumstances- not for the mere salary involved and it becomes necessary for the Legislature of his State to pass a law by which the duties of his civil office mat be discharged in his absence, it should do so without a moments hesitation.
Mr. RAGAN. It had been said that we have men that will fill the place of Col. Dumont in the board of Sinking Fund Commissioners. He hoped that there was not a man mean enough to do such a thing in the State of Indiana. He would do anything that was lawful to keep Col. Dumont in his civil position.
Mr. BUNDY (interrupting) disclaimed the use of any such language.
Mr. RAGAN did not wish to place any man in a false position. We ought to encourage men who are willing to lay down their lives for their country. The constitution provided for this case all over, and he hoped the law would be passed without a dissenting voice. We ought to encourage such men - thank God we have them. He would not put a straw in the way of a willing to volunteer in such a time like this - willing, like Col. Dumont, to take his life in his hand and imperil everything tor the defense his country. The House should offer every encouragement for this feeling, and show by its action now that this Legislature is willing to double the salary of such a man rather than ask him give up the office he has.
Mr. FORD demanded the previous question and, under its force, the vote was again taken the bill and reported - yeas 60, nays 23 - as follows:
YEAS. - Messrs. Anderson, Atkirtson, Bingham, Black, Brett, Bryan, Cason, Chapman, Collins of Whitley, Collins of Adams, Crain, Dashiel, Davis, Edson, Erwin, Fisher, Ford, Fordyce, Fraley, Gifford, Gore, Gresham, Grover, Hall, Harvey, Haworth, Henricks, Holcomb, Hopkins, Howard, Hudson, Hurd, Jones of Tippecanoe, Jones of Vermillion, Jones of Wayne, Kendrick, Lee, McClurg, McLean, Moorman, Nebeker, Newmam, Owens, Parrett, Pitts, Prosser, Prow, Ragan, Roberts, Sloan, Sherman, Smith of Miami, Thomas, Thompson, Veatch, Warrum, Wilson, Woodhull, Woods and Mr. Speaker - 60.
NAYS. - Messrs. Brucker, Bundy, Campbell, Combs, Cooprider, Dobbins, Epperson, Ferguson, Fleming, Horton, Kitchen, Knowlton, Lads, Lane, Mutz, Orr, Packard, Polk, Robbins, Stevenson. Tree, Wells - 23.
Mr. THOMAS, pro forma, I still have, conscientious scruples about voting for this bill; I shall waive them for the time being, more on account of the manifest patriotism of the gentleman for whose benefit the bill has been introduced, than anything else.
So the bill passed.
ADJOURNMENT TO TUESDAY, MAY 21, 1861.
On motion of Mr. McLANE, the Senate amendment to the joint resolution of the House of Representatives to adjourn the session to a day certain, (from the 11th till Tuesday, the 21st of May,) was taken up; and under the pressure page: 119[View Page 119] of the previous question, the vote was reported yeas 68, nays 15 - as follows:
YEAS - Messrs. Anderson, Atkinson, Bingham, Black,Brett, Brucker, Bryan, Bundy, Chapman, Collins of Whitley, Collins of Adams, Combs, Cooprider, Crain, Dashiel, Davis, Dobbins, Edson, Epperson, Erwin, Feagler, Ferguson, Fisher, Ford, Fordyce, Fraley, Gifford, Gresham, Grover, Hall, Harvey, Henricks, Holcomb, Hopkins, Horton, Howard, Jones of Tippecanoe, Jones of Vermillion, Jones of Wayne, Kendrick, Kitchen, Knowlton, Lods, Lee, McClurg, McLean, Moorman, Mutz, Nebeker, Newman, Orr, Owens, Packard, Pitts, Polk, Prosser, Randall, Robbins, Sherman, Smith of Miami, Stevenson, Trier, Thomas,Warrum, Wells, Wilson, Woodhull, Mr. Speaker - 68.
NAYS - Messrs. Campbell, Cason, Gore, Haworth, Hayes, Hudson, Hurd, Lane, Parrett, Prow, Ragan, Roberts, Sloan, Thompson, Woods - 15.
So the amendment was concurred in.
DEBT OF MAY, DRAKE & CO.
Mr. FISHER submitted a joint resolution, entitled "A joint resolution in regard to the settlement in the Bank Department in the Auditor's office in regard to the claim against May, Drake and Bright," It is as follows:
WHEREAS, It appears by a communication from the Auditor of State to the House of Representatives, that May, Drake and Bright became indebted to the Bank Department of the Auditor's office; that in 1859, by a resolution, a committee consisting of J. T. Elliott. William T. Otto and Norman Eddy, was appointed to settle and adjust this among other matters; that said committee settled said claim by taking land therefor, and upon filing the report the Auditor of State drew his warrant on the Treasurer for the sum of $10,000, which warrant has not been paid:
AND WHEREAS, The State in appointing said committee was acting in the capacity of trustee, and did not assume the payment of said claim: Therefore,
Be it resolved by the Senate and House of Representatives, That the Treasurer of State be and he is hereby directed to withhold the payment of the said $10,000, or any part thereof, until the money is received from the sale of the land taken of May, Drake and Bright in satisfaction of the claim against them.
The joint resolution was passed - yeas 71, nays 2.
The committee on Military Affairs had leave of absence for committee session.
On motion of Mr. GRAIN, the Senate amendments to Mr. Fisher's loan commissioners bill (22) were taken up and concurred in.
All the amendments of the Senate (heretofore recited in these Reports) were concurred in, except the third - that amending the fifth section, changing and inserting two clauses: 1. Appropriating the last winter's 2 1/2 cents sinking fund tax on each hundred dollars' worth of taxable property to pay the interest on the two million loan. 2. Striking out the five cents tax in the bill, and inserting "two and a half"so making five cents tax to pay the said interest.
These two clauses were rejected after full debate by Messrs. Fisher, Grain, Bundy and others for the rejection, and Messrs. Lane, Atkinson, Brett and others for concurrence. So it was
Ordered, That the Clerk acquaint the Senate thereof.
THE STATE PRISONS.
Mr. VEATCH, from the select committee on Penitentiary bills, reported a bill [39] entitled an act to authorize the removal of prisoners from the Southern to the Northern Prison, and provide tor the employment of said prisoners; directing that counties shall send their convicts to the Northern Prison; providing for carrying on the work of construction of the Northern Prison, and making appropriations therefor.
It provides for transporting two hundred prisoners to the Northern Prison; that in the counties of Warren, Fountain, Montgomery, Boone, Madison, Delaware and Randolph, and in all the counties north of said counties, the convicts shall hereafter be sent to the Northern Prison; that the Governor may direct the employment of any number of convicts in the manufacture of arms, implements and munitions of war; or the Directors may hire them to labor and take payment in articles that may be used for State defense, or they may be employed in the manufacture of articles that will meet with ready sale; that the Superintendent of the Northern Prison may employ a competent mechanic to superintend the work and construction of said Prison, at a price not exceeding three dollars per day. And it appropriates thousand dollars for 1861, and thousand dollars for 1862 for each Prison.
It was passed to the second reading.
NEWSPAPERS.
On motion by Mr. DAVIS, it was
Ordered, That the Doorkeeper he directed to have the newspapers ordered by the House stopped during the recess of the session.
Mr. KNOWLTON submitted an order, that the Secretary of State be authorized to have the militia law of the present session published in the Indiana State Journal and the Indiana State Sentinel.
Mr. VEATCH. That has once been voted down.
Mr. KNOWLTON. A great many are inquiring after that law, and it will cost about twenty-five dollars to print it in this way. It is a matter of interest to every man in the State.
Mr. McLEAN knew something about the price paid for advertising in this way, having been once connected with a newspaper, and it would cost, by "the square" about two hundred dollars. The price of setting the type alone would be thirty cents a square.
Mr. BUNDY. The point of the gentleman from Spencer was well taken. The resolution was not before the House. But to get rid of it, he would move to lay it on the table.
The motion was agreed to.
Here the House took a recess till 8 o'clock, P.M.
NIGHT SESSION.
The House met at 8 o'clock, P. M.
A message from the Senate, by Mr. Brown, their Secretary, announced the action of that body on sundry bills, and the passage of Mr. Miller's joint resolutions.
NATIONAL EXIGENCY.
Mr. JONES of Tippecanoe submitted a joint resolution relative to the exigency of the times; instructing Senators and Representatives in Congress.
It was made a concurrent resolution, and is as follows:
WHEREAS, The doctrine of the right of instruction has not been questioned as a fundamental principle of a free and representative government; AND WHEREAS, the government of the United States has been forced to accept page: 120[View Page 120] the dire necessity of putting down treason and rebellion in the United States by force of arms; AND WHEREAS, the views of our Senators and Representatives in Congress on the question of voting men and money for the purpose of enabling the Executive Department of the Government of the United States to prosecute the present lamentable war to a speedy and triumphant conclusion; therefore,
Be it resolved by the General Assembly of the State of Indiana, (the Senate concurring therein,) That our Senators in Congress be hereby instructed, and our Representatives in Congress be hereby recommended and requested to, immediately on the assembling of Congress, enact such measures as will enable the government to prosecute the present war which has been forced upon the government by rebels and traitors to a speedy, honorable and triumphant termination.
And be it further resolved, That if either of our Senators or any Representative in Congress feels disinclined to give his support to such measures as may be necessary to put down treason and rebellion by force and arms, such Senator or Representative is hereby requested to resign said office and let the people of the district or State, as the case may be, fill their places with such men as will support the government and maintain the integrity and pepetuity of the Union against all our foes, whether without or within.
Mr. DAVIS. It seems to me that the word "war" is made use of in these resolutions in several places where it ought to be "rebellion." I think that word ought to be stricken out; for I understand that Congress has not the power to declare war; and until Congress shall declare war it must be rebellion.
Mr. GRESHAM. We shall be here again before long, and to avoid hasty action on such a subject, I would suggest the propriety of laying the resolutions over till after the recess.
Mr. BUNDY. I more that the resolutions be made the special order for Thursday, the 23d inst.
Mr. JONES of Tippecanoe. I presume there is hardly a quorum here to-night, and as it may be necessary to change the phraseology, I would suggest that the resolution go a select committee of three.
The latter motion was agreed to. The committee subsequently announced is: Messrs. Jones of Tippecanoe, Roberts and Bingham.
NEW JUDICIAL CIRCUIT.
Mr. COLLINS of Whitley introduced a bill [40] to create the judicial circuit; to provide for the election of a judge and prosecuting attorney therein, and to fix the time of holding courts therein. [The new circuit is composed of the counties of Lagrange, Steuben, Noble, and Allen.]
The bill was passed to the second reading.
TIPPECANOE RESOLUTIONS.
Mr. BINGHAM, from the Committee on Military Affairs, reported back the proceedings of a meeting of the people of Tippecanoe, held last Saturday, - the committee stating that the desire of the said meeting, so patriotically expressed in their resolutions, with reference to raising men and appropriating money, had been already provided for in good time and ample manner, and suggested to them a due regard for the good old maxim: "Be slow to anger and of great kindness;" they reported a motion to lay the proceedings and resolutions on the table.
The report was concurred in.
The Senate amendments to Mr. Gore's common pleas bill [18] just reported by message, coming up -
On motion by Mr, ORR, it was concurred in.
The Senate amendments to the House amendments to the treason bill, [S. 2] viz: Striking out the word "arrested," and then in another place inserting these words, "treasonable act charge shall have been commenced and committed," - were concurred in.
Mr. Miller's joint resolution heretofore reported by message from the Senate was also taken un and concurred in.
Mr. GRESHAM, from the Committee on Military Affairs, returned the bill [H. 7] with amendments, filling the blanks in section five and six with the word "five."
The amendments were concurred in; and so the bill was ordered to be engrossed. - The Senate amendments to the joint resolution of the House ot Representatives, with reference to the claim of the State against May, Drake and Bright, was taken up and concurred in it being a change from a joint resolution to a concurrent resolution.
And then the House adjourned.
