HOUSE OF REPRESENTATIVES.
MONDAY, April 29, 1861.Mr. FORD moved to dispense with the reading page: 31[View Page 31] of the journal; but, objection being made, he withdrew the motion.
On the motion of Mr. GRESHAM, Mr. Jones, of Vermillion, was appointed to serve on the Committee on Military Affairs, in the place of Captain Burgess, the representative from Hendricks county, absent on leave.
On motion, Messrs. Roberts and Jenkinson obtained leave of absence till Wednesday.
Mr. VEATCH presented the petition of Harmon G. Barclay, James T. Morgan and others, of Spencer county, praying for a relief law; it was referred to the Judiciary committee.
SWAMP LAND REPORT.
Mr. THOMAS submitted the following, which was adopted:
Resolved by the House, (the Senate concurring,) That the Doorkeeper be requested to lay on the desks of members of the General Assembly the remainder of copies of the Swamp Land Report of 1859.
COMMON SCHOOL LAW.
Mr. TURNER submitted the following, which was adopted:
Resolved, That the Committee on Education be instructed to report such amendments to the school law passed at the last session of the General Assembly as may be necessary to correct such errors as were made in said school law by the enrolling clerk.
RELIEF OF VOLUNTEERS.
Mr. HOLCOMB submitted the following:
Resolved, That the Committee on the Judiciary be instructed to report a bill, at as early a day as practicable, providing for the relief of volunteers, in accordance with the petition of certain citizens of Gibson county, or as nearly so as said committee may think constitutional and proper.
Mr. FISHER proposed that it be made a resolution of inquiry.
Mr HOLCOMB accepted the modification.
Mr. FRASIER. I have before me a general bill for that object, providing for appropriations out of the county treasuries for equipping volunteers and providing for their families.
The SPEAKER. The Gibson county petition was for exempting the property of volunteers from execution during their term of service.
The resolution was adopted
BREVIER LEGISLATIVE REPORTS.
Mr. PACKARD submitted the following:
Resolved, That the Door-keeper contract with the proprietors for six hundred copies of Drapier's Brevier Legislative Reports, embracing the proceedings and debates of the present session of the General Assembly for the use of members of the House of Representatives; the same to be paper covered and delivered to the Secretary of State, and by him to be sent by mail - six copies to each member - as soon as possible after the adjournment of the session: Provided said Reports shall not cost more than one-third of one cent a page per copy.
After debate by Messrs. Packard, Owens, Moss, Moorman, Fisher, Frasier and Dobbins, the resolution was adopted - affirmative 30, negative 19.
CAVALRY ARMS.
Mr. PACKARD submitted the following:
WHEREAS, It is understood that the General Government is now in possession of a large amount of arms and accoutrements necessary for the equipment of cavalry regiments, therefore,
Be it resolved, (the Senate concurring,) That the Governor be instructed to make a requisition on the General Government for 800 breech-loading carbines, cartridges, pistols, sabres, saddles, bridles, tents and all other accoutrements necessary to equip 800 cavalry.
He said it was known to gentlemen that there was now in progress, and perhaps perfected, (should the Legislature provide for its equipment,) an organization for raising a regiment of Indiana cavalry. It was also known that there is now in the possession of the United States a large amount of cavalry equipments. It was also known that of the 75,000 troops called out by the President, there has been no cavalry regiment named, and these cavalry arms and equipments, it seemed, were to lie useless in the arsenals of the Government. Now, if this regiment of cavalry organize, (and if it does not the resolution can have no effect) the resolution instructs the Governor to apply to the General Government to furnish sufficient amount of accoutrements to arm them, without any cost to the State, except the transportation. The resolution looks only to that.
Mr. WOODHULL was not acquainted with any law authorizing this call on the General Government; but he was well satisfied that the General Government would not furnish arms beyond what might be necessary to arm and equip such troops as the President has required, or may hereafter require of us. He saw from the papers this morning, that there would be a call for a hundred thousand more troops, and that would give opportunity for all our patriotic citizens to act without this resolution.
Mr. FRASIER suggested the propriety of making the requisition a request of the General Government.
Mr. PACKARD accepted the modification.
The SPEAKER said: There is a law of Congress for the distribution of the public arms, according to the ratio of congressional representation. That distribution has been made. And whilst it might be the wish of the General Government, to make the distribution proposed in the resolution, there is no law authorizing it. The resolution is, that the Governor make a request for cavalry arms. The chair would say that that request has been already made and urged by the Governor upon the General Government, for every description of arms. It was made in connection with the twelve regiment matter suggested by Gen. Wallace, and the application was made to embrace every description of arms. The regiment of cavalry was particularly mentioned. There can be no harm, certainly, in the resolution. It may'be that the General Government would comply the more readily by the request being backed up by legislation.
Mr. FISHER. It could do no harm, unless it might lead us to rely upon that source, and be disappointed; and so fail of the needful provision of arms for ourselves. He objected decidedly to relying upon the General Government for these arms, in any way, so as to prevent action here.
The resolution was adopted.
COMMERCE WITH THE SOUTH.
Mr. NEWMAN submitted the following:
Resolved, That the Judiciary Committee be instructed to inquire into the propriety of enacting a law to prohibit the sale of produce or other articles of trade to such States, or the citizens of such States, as will not respond to the President's call for men to maintain the authority of the General Government, and report by bill or otherwise.
Mr. NEWMAN. I think there is matter of importance involved in this resolution. I do not page: 32[View Page 32] myself know whether it would be practicable or constitutional to make a law of that character; but if it can be done in my judgment it is certainly expedient and right that such a law should be enacted. That resolution is only a resolution of inquiry; and I think it one that our people are deeply interested in. For if there are those in this State disposed to go on and furnish articles of produce and trade to States that are inimical or whose position make them inimical to the Federal Government, I think it is time we should take notice of it. Every means should be resorted to in the power of the State to cut off and forbid everything, that will furnish aid and comfort to our enemies. And I can not but regard every State that refuses to supply men, and every man that will adhere to such State, as an enemy of the General Government; and I therefore think it behooves us to cut oil their supplies from our State. The State pretending ,to a neutral position, it seems to me, is in a worsea more dangerously hostile position - than those openly against us. They may screen their conduct under a plea that they are still in the Union. I take it, sir, that Kentucky, or any other State, taking a neutral position in the present issue, should be regarded as more dangerous enemies of the Government, than those who come out as entirely opposed to us. Hence I do not know of but one way of getting at this matter. I have no mature plan of my own. Therefore I have thought it prudent to refer the matter to those men of talents and information and influence in the Suite composing the Committee on the Judiciary.
Mr DOBBINS. If we wished to bankrupt our producing and trading people, we might pass that resolution. But has the State of Indiana the power to break down the commerce between friendly and loyal citizens? If we wished to make war, we should adopt the resolution. He told the House that a large majority of the people of Kentucky were now, and ever would be, loyal to the American flag, if they were not driven away from us by unreasonable distrusts, and proceedings to make them our enemies by legislative attempts to cut off intercourse and suppress the spontaneous and mutually advantageous acts of good neighborhood. The doctrine of secession was an unreasonable pretence, and could never be recognized as a political right.
Mr. NEBEKER also held that the doctrine of secession was a deception, and that in fact no State was yet out of the Union. But the resolution was unnecessary. These articles were contraband of war, and Kentucky did not want them. There should be nothing done in this way now, even if we had constitutional authority to pass such a law.
Mr. HOWARD was in the city of Louisville yesterday, and understood that the Mayor had made his request of the railroad not to permit shipments of provisions South. Also that the city authorities hud made an agreement not to suffer provisions to be shipped for the Southern army. He trusted that Louisville was as loyal as Cincinnati, or Madison, or Jeffersonville, or New Albany, and that a majority of the people of the State of Kentucky were decided Union men. He earnestly deprecated the resolution, and any legislation that might rouse feelings of distrust, awaken local jealousies, or seem to recognize any lack of national fellowship.
Mr. Speaker ALLEN (Mr. McLean in the Chair) suggested that as the House was thin, it would be well to postpone the further consideration of the resolution till two o'clock.
The subject was postponed accordingly.
VOLUNTEER AID BILL.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Veatch's volunteer aid bill, (6) with sundry verbal amendments, which were concurred in, and the bill was ordered to be engrossed.
SCULPTURES FOR THE VOLUNTEERS.
Mr. ORR submitted the following:
Resolved, That the Governor cause an investigation to be hid in the Regiments of this State now mustered into the service , of the General Government, to ascertain whether each Regiment has a sufficient supply of the Scriptures for all its men; and if not, that measures be taken to furnish a copy of the Scriptures to every man of said Regiments who is not supplied with the same.
Mr. Speaker ALLEN (Mr. McLean in the chair,) submitted that it would be better that an appropriation be made for furnishing these Scriptures, stating that various versions of the scriptures should be furnished,for the Catholic a Catholic version, for the Protestant a Protestant version, &c.
Mr. FRASIER had understood that the different religious denominations in this city had taken this matter in hand.
Mr. DAVIS considered that this matter more properly belonged to the people of the counties furnishing these regiments.
Mr. ORR. The object of the resolution was merely to perfect the Chaplain resolution of the gentleman from Porter, (Mr. Cameron.) But since the matter was being moved in the religious societies, and the men were likely to be supplied from that source, he was willing, and had leave to withdraw the resolution.
Mr. HOLCOMB presented the petition from many citizens of Gibson county, praying for authority for the Board of County Commisioners to raise volunteers and supply their families; which, being already provided for in a bill on the calendar, was laid on the table.
EXTENSION OF STAY OF EXECUTION.
Mr. MORE introduced a bill [15] to amend Sec. 420 of the Practice Act, of June, 18, 1852, [extending the stay on executions generally to twelve months.]
AMALGAM EVIDENCE.
Mr. OWENS: A bill [16] to prevent white persons who have intermarried with negroes, mullattoes, or persons of color, from testifying in any case where either the State ot Indiana or a white person is a party.
MILLION LOAN BILL.
Mr. VEATCH: A bill [17] to authorize the Governor of the State of Indiana to borrow in the name and for the use of said State any sum of money, not exceeding one million dollars, that may be necessary to sustain and defray the expenses of enrolling, organizing, arming and equipping for the service of this State or of the United States a certain portion of troops; and to authorize the issuance of coupon bonds; and requiring a page: 33[View Page 33]tax to be assessed and collected for the payment of the interest and principal on said bonds, [$100, $200, $800, $400, $500 and $1,000 bonds to suit purchases, to bear interest at the lowest rate at which the money can be procured - bonds payable in not less than ten years.]
Mr. GORE: A bill [18] to amend the 14th section of the act to fix the times of holding the Common Pleas Courts. Approved March 5, 1859.
Mr. BLACK: A bill [19] to amend section first of the act to authorize County Recorders and County Surveyors to issue fee bills. Approved March 5, 1855.
Which bills were severally passed to the second reading.
VETO OF THE RAILROAD GATE BILL.
The Speaker laid before the House a letter from the Secretary of State, communicating the Governor's veto of the Judiciary Committee's bill [H. R. 159] of the last session, entitled "An act declaring it to be a misdemeanor to leave open any gate, let down any fence, or destroy any cattle-guard along the line of any Railroad, and providing a penalty therefor which veto was filed in his office on the 11th day of March, 1861.
The veto message being read -
On motion by Mr. NEBEKER, it was laid on the table.
AFTERNOON SESSION.
Mr. HENDRICKS (by unanimous consent) introduced a bill [20] to repeal the act to authorize the construction of levees and drains, which was passed to the second reading.
ORGANIZATION OF THE MILITIA.
The special order having been passed over for the purpose -
Mr. GRESHAM, from the Committee on Military Affairs, reported a bill [21] entitled an Act for the organization and regulation of the Indiana militia, prescribing penalties for the violation of said regulations, and repealing all laws heretofore passed on that subject, and on his motion, (the rules being suspended for the purpose,) it was read twice by title, laid on the table and 800 copies ordered to be printed.
ARMS FOR THE STATE.
On motion by Mr. McLEAN, the Senate's amendment to Mr. Veatch's public arms bill, [H. R. 12] just announced in a message by Mr. W. H. Drapier, their Secretary, viz:
Inserting after the word "arms," these words: "Including such as are on hand and fit for service, and such as he may be able to procure from the General Government." Also, striking out "600,000," and inserting "500,000" in lieu.
Mr. GRAIN. I move that the House concur.
Mr. EDSON. Have we now any first class arms on hands?
The SPEAKER. The Chair understands there are are about 1,500
The amendments were concurred in.
STATE LOAN BILLS.
Mr. FISHER introduced a bill [22] to authorize the Governor to issue State bonds; to appoint a Board of Loan Commissioners, and defining their duties; requiring the Sinking Fund Commissioners to purchase bonds; defining their duties in relation to the interest secured on the same; and levying a tax to meet the payment of the interest and principal on the bonds to be sold; [authorizing blank amount of six per cent, bonds of the State of the denomination of $1,000 each, payable twenty years after date at the Indiana Agency office in the city of New York:] which was passed to the second reading.
On the motion of Mr. FISHER, (the rules being suspended for the purpose,) this bill, and Mr. Veatch's loan bill, [H. R. 17] were severally read the second time, and referred to the Committee on Ways and Means.
COST OF EQUIPMENTS AND RATIONS.
Mr. BUNDY submitted the following, which was adopted:
Resolved, That His Excellency the Governor be, and he"is hereby requested to communicate to this House an estimate of the probable expense necessary to raise, arm, equip and support six regiments of infantry for one year, including, also, the pay "and rations of officers and men: and that he likewise be requested to communicate whether or not any contract for supplying the troops now in Camp Morton has been made; and if so, what price is to be paid for the support of each volunteer per day?
A message from the Senate by Secretary Drapier announced the passage in that body of Mr. Lane's joint resolution to send arms to the Ohio river counties, with amendments, viz.: striking out "1,000" and inserting "5,000;" adding the words, "Dearborn, Ohio,Switzerland and Jefferson;" and adding also these words: "Said arms to be sent and distributed, according to the militia law of June 14, 1852."
COMMERCE WITH THE SOUTH.
On motion by Mr. FISHER, the House now took up the consideration of the special order, viz. Mr. Newman's non-commercial intercourse resolution, submitted this forenoon.
Mr. GRESHAM showed the impropriety of the resolution from such facts as that the people of Kentucky were not responsible for the extra-official acts of their Governor, and that there were as loyal men in Kentucky as in Indiana; and it was no time now to talk about suspending intercourse. On his motion the resolution was laid on the table.
VOLUNTEER FAMILY RELIEF AND SUPPORT.
On motion by Mr. FISHER Mr. Veatch's volunteer family support and relief bill (6) was taken up and considered on the third reading.
Mr. CRAIN moved that a provision be added authorizing and legalizing former appropriations for volunteer support by County Boards. It was agreed to by unanimous consent, and the bill was amended accordingly.
Mr. GRESHAM feared that the discretion which this bill gives to the County Commissioners would be very liable to abuse.
Mr. FRASIER was unwilling that the brunt of this burden and expense should be borne by a lew liberal and patriotic men in the counties. The discretion might be abused; but liability of abuse of this discretion had little weight with him against the greater evil of the inequality of bearing this burden of the military service which would obtain in the absence of this legislation.
page: 34[View Page 34]Mr. ATKISSON and Mr. PARRETT concurred with Mr. Frasier, and added views of their own.
Mr. VEATCH said that the people of the several counties would know whether there was need of this expense or not. If they were willing to tax themselves in this emergency, let them, do so. He did not believe they would go beyond the necessary point. He was in favor of the immediate passage of the bill.
The bill was passed the final reading - yeas, 73, nays 3 - with an amendment, adding these words: "and legalizing former appropriations."
"AID AND CREATURE COMFORTS."
Mr. FRASIER submitted the following:
Resolved, That the Judiciary Committee be instructed to inquire what, if any, legislation is necessary to prevent the exportation from this State of provisions and military stores to any such other State or States in rebellion against the Government of the United States, as will allow such provisions or stores to be transported through their territories to the public enemies, and to report to this House by bill or otherwise.
He hoped this resolution would not be laid on the table as Mr. Newman's had been. He did not like the tone of the resolution of Mr. Newman. He would not hold the people of Kentucky responsible for the act of their Governor. But he was unwilling that Kentucky should make herself ii highway over which to carry supplies to the public enemies of the Constitution in the cotton States. There was plenty of troops in the Northern States, but the great interests of the country must not come to injury by the cupidity of anybody in Kentucky or anywhere else. He wished the committee to report.
Mr. NEBEKER. Was it not, better to leave this to the military law to declare what commerce is contrabrand of war?
Mr. FRASIER. We are not under military but under civil law.
Mr. GROVER demanded the previous question and under its force the resolution was adopted.
The House then adjourned.
