on the Ohio river, would be an act of defiance and insult to the loyalty and patriotism of Kentucky.
Resolved, That such a course must offend the honor and dignity of that State, and must as a necessary consequence, make her our enemy.
Resolved, That we, the representatives of the people of Indiana will protest against such a move, so long as our brethren of Kentucky are at peace with us.
Mr. FRASIER moved to lay the resolution on the table.
Mr. GRAIN moved to refer them to the committee on military affairs. The latter motion, having the preference under the rules, was agreed to, and the resolutions were referred.
ADJOURNMENT TO A DAY CERTAIN.
Mr. HAYS submitted the following:
Resolved, That this House, with the concurrence of the Senate, fix upon the 6th day of May, as the day of final adjournment, unless an earlier day shall be fixed upon.
Mr. GRAIN could not see the propriety of adjourning the session at this time. His opinion was, that we ought to get through this week, and then take a recess until we can be informed as to what course will be taken by those States now calling conventions and coming together by their Legislatures. It might be that a session of the Legislature in a short time will be of great value to the State. On his motion the resolution was then laid on the table.
Mr. McLEAN submitted the following:
Resolved, by the House of Representatives, (the Senate concurring,) that the present session of the General Assembly shall close on Friday the third day of May, to reassemble again on the 21st day of May.
Mr. NEBEKER considered this would offer a temptation for members to demand their per diem during the recess. He believed they would have a legal right to do so. It might be constitutional to provide by law that we will not have any pay during such recess; but he was in favor of getting through with our business at once.
Mr. McLEAN said there would be a necessity for the Legislature to be here about three weeks hence. In the meantime, without any business before us, it were wiser to take the proposed recess, even if members insisted on their per diem, which would not be done.
Mr. HOLCOMB proposed to amend by striking out "21st," and inserting "28th," and adding these words: "And members shall not receive any per diem pay during the adjournment."
Mr. McLEAN. That would only leave us but five days of the constitutional term. His proposition would leave thirteen days.
Mr. FRASIER considered five days would be too short.
Mr. HOLCOMB then withdrew his amendments
Mr. ORR would now vote for the resolution. Mr. PARRETT saw a determination in the house to do something by resolution.
Did members take upon themselves the position of Representatives, and expect to neglect the duty of Representatives here for the sake of their farms? We had just received from the Senate a message that they had passed a bill to raise and equip six regiments for State defence. This and the money bills were before us, and gentlemen were talking about adjournment next Friday night. What was the object of gentlemen in waiting for the action of other States or the Montgomery Congress? Our business here must be done, whatever they do. Would gentlemen tell now anything that we have to do that we can't do just as well now as at any other time? What have we done? What is this session to report to our constituents? We want money. We want to discuss this six regiment bill. We want relief bills. We want to put our banks in a secure position. We want to arm the State. We want to take care of the home interests of the volunteers. And, whenever these things shall be attended to, as they ought to be, this house need not be opened again for legislation till our successors come.
Mr. KNOWLTON proposed to amend by substitute, limiting the speeches of members to 12 hours each.
Mr. STOTSENBERG made an ineffectual motion to lay the resolution and amendment on the table.
Mr. CASON demanded the previous question, and, under its operation, Mr. Knowlton's substitute was rejected, Mr. Holcomb's amendment adopted, and then the resolution, as amended, was also adopted.
Ordered, That the Clerk acquaint the Senate thereof.
Mr. McLEAN, from the Committee on Ways and Means, returned the petition from the President and Trustees of the Indiana Hospital for the Insane, recommending its reference to the Committee on Benevolent Institutions.
The report was concurred in.
Mr. FRASIER, from the Committee on County and Township Business, returned Mr. Black's Saline Fund bill, (9) recommending its passage. He stated that the same bill passed the House at the late regular session, but failed in the Senate.
Mr. GRESHAM. I think, as we have determined to adjourn Friday, we should have nothing to do with this sort of legislation. I therefore move that the bill be laid on the table.
The motion was agreed to.
page: 38[View Page 38]SIX REGIMENT BILL.
On motion by Mr. GRESHAM, the Six Regiment bill [S. 1] was taken up, ana the rules being suspended for the purpose, it was read twice and considered.
Mr. KNOWLTON proposed to amend, by inserting after the words, "volunteer militia," these words: "who shall be enlisted for and during the war."
Mr. DOBBINS proposed to amend, by adding: "Provided that each company shall elect their own officers; and provided, further, that said companies shall be retained in the counties where they may be organized respectively, until otherwise ordered by the proper officers."
Mr. STEPHENSON proposed: "Shall receive no pay while retained from actual service."
Mr. KNOWLTON. Insert after the word "volunteers," these words: "To be selected from cavalry companies that have been enrolled for and during the war."
The SPEAKER pro tem. There is no cavalry in the bill.
Mr. HENRICKS proposed: "And organize and equip a complete corps of sappers and miners, not j to exceed one battalion."
Mr. McLEAN proposed: "Provided that no more than one company shall be stationed at the same point in the State, unless in actual service."
Mr. GROVER proposed: "Providing for at least one company of artillery for every regiment of infantry."
Mr. DOBBINS proposed: "That due regard shall be had for the companies organized along the Ohio river, and give said companies the preference."
Mr. HOLCOMB proposed: "Provided that companies from counties that have not yet furnished volunteers shall have the preference."
Mr. WOODS: "That companies offered from those counties from which no companies have been mustered into the service shall have the preference in making up the six regiments."
On motion by Mr. HOLCOMB, the bill and proposed amendments were referred to the Committee on Military Affairs.
On the motion of Mr. WOODHULL, Mr. Edson had leave of absence till tomorrow.
EXTENSION OF STAY OF EXECUTION.
Mr. STOTSENBERG introduced a bill [23] to amend section 412 of the Practice act of June 18, 1852, so as to extend the time for the return of executions and the time of advertisement upon them: [Execution shall be returnable within 365 days, and advertisement made for 90 days,] which was passed to the second reading.
On motion by Mr. GRESHAM, Messrs. Brett and Bingham were added to the Committee on Military Affairs,
On motion by Mr. CRANE, the twenty five thousand dollar bill [S. 12,] legalizing the State Auditor's deposit of $30,000 of State bonds, as security for the payment of $25,000 borrowed by the Governor to provide expenses for raising troops under the proclamation of the President of the United States were taken up.
On motion by Mr. NEWMAN, (the rules being suspended for the purpose,) the bill was twice read, and referred to the Committee on the Judiciary.
On motion by Mr. LANE, the Senate's amendments to his joint resolution, to supply 5,000 "firelocks" to the Southern counties, (reported by message yesterday,) were taken up and concurred in.
Mr. VEATCH introduced a bill [24] to amend the act of March 11, 1861, to provide for a general system of common schools, &c. He said the House will remember that we had something of a contest in regard to the compensation of the Clerk of the Superintendent of Public Instruction. We made it here $800 reducing it from $1,000, but the bill passed the Senate enrollment and signature without that amendment. The bill proposes to correct that and other like errors in the law.
The bill was passed to the second reading.
On motion by Mr. THOMAS, (the rules being suspended,) it was read again and considered on the second reading.
Mr. ORR proposed to make the Superintendent Clerk's compensation $365.
Mr. DAVIS proposed to amend so that it shall not be obligatory on the Superintendent to visit the several counties of the State.
Mr. BLACK proposed to add a section for printing 5,000 copies and for distributing the same amongst the several counties in proportion to population.
On motion by Mr. FRASIER, the bill and proposed amendments were referred to the Committee on the Judiciary.
TREASON.
Mr. FRASIER introduced a bill (25) supplemental to an act entitled, an act defining felony and prescribing punishment therefor, approved June 10, 1852. He said it was the matter of the Senate bill No. 4 of the last session. On his motion the bill was read twice, (the rules being suspended,) and then -
On motion by Mr. SMITH, of Bartholomew, referred to the Committee on the Judiciary.
KANKAKEE DRAINING COMPANY.
Mr. FRASIER moved to take up Mr. Henrick's bill (20) to repeal the levees and drains corporation act. This bill was one of vital importance to many in the Northern portion of the State. There was a scheme set on foot in Laporte, and incorporated under the levees and drains law, which in its estimates was to affect landholders along the Kankakee river to a large amount - some six millions of dollars -
The SPEAKER pro tem. A wide discussion is not properly in order. The bill has not been taken up yet.
Mr. FRASIER. I understand it will likely make war among the people there, if this scheme is allowed to go on.
The bill was taken up and read the second time.
Mr. GRAIN. This levees and drains act has been sometime on our statute book, and great good has been done to the State under it. I can't see any reason for getting rid of it in such a hurry; and for the sake of getting this bill out of the way, I will move that it go to the Judiciary Committee. We should look at it a little before repealing that law.
Mr. FRASIER. I admit the propriety of the page: 39[View Page 39] remark of the gentleman from Parke, and would myself prefer an amendment to the repeal of that statute. But as it was understood that it would be difficult getting an amendment through this session, it has been thought best to repeal it. It the gentleman will examine that statute of 1852, he will find that it contains no provision by which the company can be compelled to cut one spade full of dirt, though I believe it has, as the gentleman says, done great good in the way of draining in the State of Indiana. But I would ask the gentleman if he has ever visited the Kankakee marsh? I understand there is a scheme on foot for draining that marsh as soon as they can get to work, and they can go on and make assessments upon the land owners for the supposed improvements they are to make by that work. I understand that they estimate that their work will increase the value of Kankakee lands some $6,000,000; and by this immense sum the company expect to be benefitted by this scheme. The amount of their assessments, under the act of 1852, becomes a lien on all the real and personal estate of every land holder whose lands are to be improved in value by their work, and that the collection of this assessment would subject their whole estate to judgment and execution for the payment of these supposed improvements. And the result will be that this company will not only take to themselves all the land lying along that river, but perhaps otherwise injure the owner of this marsh land. I have understood also that the privileges of this company include a sort of banking operation, something like the Logansport Insurance Company, I suppose. Therefore, rather than this thing should go on, it has been thought best to repeal the draining statute.
Mr. PACKARD. I consider the bill before the House one of the most important before the session, though certainly not in its beneficial results. I should regret its passage as much as that of any other odious measure. I live in the vicinity of the Kankakee river, and know the men composing that draining company, which I think the gentleman from Kosciusko has not considered. I think he does not understand the interests or the wishes of the people living along that river, nor the objects of the gentlemen composing that company, or he would not remark upon them us he has. He would not pronounce their work a swindle if he knew the men.
Mr. FRASIER (interrupting). Is the gentleman from Marshall a member of that draining company?
Mr. PACKARD. I am not; nor have I the reputation of making flings at other men's interests, because they'are not connected with me politically. I know, sir, that this Kankakee Draining Company has organized in good faith; and I know that many people of Starke county and of my own esteem their work almost as their temporal salvation. It seems that the cost of this great work is estimated at about $500,000, and it would result in raising the value of the lands there by millions. I should be sorry to see this enterprise stopped in its incipiency, now when so many people are directly interested in it. The gentleman's county, I believe, does not border on the Kankakee, as do the counties of St. Joseph, Marshall, Starke, Laporte and Jasper. Large tracts of their lands are overflowed by the river, which, by a little work, it has been discovered by competent engineers, can be made the most valuable lands in the country. I hope gentlemen will consider this. The best men in the county of Laporte are engaged in this workmen who are above the imputation of any design of swindling - and were it not for the war excitement which takes away all parties engaged in it they would go right on. They will accomplish this great work if let alone, and it will redound largely to the interests of all our people.
Mr. KENDRICK said he would like to see an amendment of the law of 1856, so that assessments could not be made without the consent of parties.
Mr. WOODS. I wish to say to the House that our people are desirous this drain law should be amended. I think if gentlemen will examine the law of 1852, they will find that it confers powers which no people should tolerate. It gives opportunity for the most gigantic swindles. I hope the House will consent that a bill may be presented and considered to amend it. I do not wish to occupy the time of the House, nor to extend the session, but I suppose we could pass such a bill, while we are waiting for reports. I hope a committee will be appointed to draft such a bill.
Mr. HENRICKS. I introduced this bill, although I was aware of the feeling of the Legislature, not to go into any matter of general legislation. But the people of my county had earned that a company of gentlemen, living partly in Laporte and in this city, has been formed to drain the Kankakee; and they have discovered that the law authorizes them to levy and collect a heavy tax on them for their proposed work, and at the same time it does not confer upon the people the power to compel them to do any work. They are authorized to assess their tax for improvements without regard to what their work shall cost them; and they say that the whole value of the improvements which they will make for the Kankakee lands will amount to six millions of dollars, and they claim the right to assess and collect that. One man, who has three sections on the Kankakee, and who owns a farm on Portage prairie, has told me that, if this company go on as they propose, and as they can do under that law, that it will break him up - that it will cost him his farm to pay for alleged improvements upon his pasture lands, which, perhaps, after all, would not be anything better than they are now for the purpose of grazing, to which he intends to supply them.
Mr. CASON. There seems to be a misapprehension in relation to the legal rights of parties composing this company. I am anxious that this bill should be committed to the Judiciary committee, for amendment. But when gentlemen imagine and anticipate such great wrongs to arise out of this law, they mistake their legal remedy. The fact is, the owners of the lands improved become part of the company. They have a sufficient remedy by forcing the Directors to apply the assesment money to the work; and if there is any overplus, after the drains are made, as a matter of course it goes, pro rata, to the parties in interest. This law in relation to levees and page: 40[View Page 40] drains is one of the best laws in the State. It has done more for our country than any other law on the statute book. Under that law we have had a most magnificent drain made without wrong to anybody; and there are drains now being constructed in our county, and if you repeal this law, you will strike down the work they have now half finished, and they will lose all they have done. I hope it will go to the Committee, and that they will amend the law, but not repeal it.
The bill was referred to the Judiciary Committee.
JEFFERSONVILLE PRISON.
Mr. JONES, of Vermillion's Jeffersonville prison appropriation bill, [13] coming up on the second reading -
Mr. SMITH, of Bartholomew, moved that it be referred to the Judiciary Committee.
Mr. GRAIN preferred the committee on ways and means. There were forty thousand dollars proposed to be appropriated by this bill. But he did not press the motion.
Mr. SMITH of Bartholomew wished it to be understood that he would fight this bill at every step.
It was referred to the committee on the judiciary.
SCHOOL TRUSTEES.
Mr. VEATCH'S school bill, [14,] amending the school law in regard to failures to elect trustees, coming up -
Mr. GRAIN made an ineffectual motion to lay it on the table.
On motion by Mr. DAVIS it was referred to the committee on education.
STAY OF EXECUTION.
Mr. Moss's execution stay bill, [15,] coming up -
Mr. CRAIN. This is a bill for the purpose of preventing the collection of debts. I hope no such bill will pass. If Indiana wants to destroy her credit, this is the way to do it. There is no good reason for adopting this measure. There are good reasons against it. We are going into the market for money. Besides we have determined by resolution that none of these general bills shall be passed, and I think it is time that rule should be enforced. I think the bill should be rejected in order that the Legislature may show what their mind is about the collection of debts. I do not know that any portion of our State is bankrupt. If some men in the State are in such a condition that they cannot pay their debts, we should not seem to involve the whole State in the same difficulty. We should especially take care of the credit of the State, now when we are in need of money, and perhaps on the eve of war. I now move to lay the bill on the table.
The SPEAKER pro tem. The chair understands the purport of the bill to be to extend the stay of execution to one year on all sums.
Mr. Moss and Mr. Stotsenberg demanded the yeas and nays, and they were ordered.
Mr, HEFFREN. Will the gentleman withdraw the motion to lay on the table. I will renew it.
Mr. CRAIN acquiesced.
Mr. HEFFREN. Under this courtesy I have but a few words to say. Those who live in the central and northern part of the State, where they purchase goods at other points than Louisville, are differently situated from us who live in the southern portion. When I left there this morning I was told and I was obliged to believe that there would be a general repudiation there on all sides. In my last county paper there were twenty-nine sheriff sales advertised, and only three of the plaintiffs in these cases reside in the State of Indiana. The other twenty-six are citizens of the State of Kentucky. I hope, sir, that this bill will not be laid on the table; because, as far as the people are concerned in our region, if something of this kind is not done here, our creditors in Kentucky will not only possess and own all our property, but they will own us. We are bad off. We bring our Kentucky money here to Indianapolis and we can't pass it but at five per cent discount, and they do the same thing with us at New Albany and Jeffersonville. And we can't take it over to Kentucky to pay our debts because we have not got enough to do it. I hope the House will act prudently and discreetly in this matter. And now, according to promise, I renew the motion to lay on the table; though 1 shall vote against it. I hope the bill will go to a committee.
The yeas and nays were now taken and the vote resulted - yeas 24, nays 56, as follows:
YEAS - Messrs. Chapman, Combs, Crain, Feagler, Fordyce, Frasier, Henricks, Horton, Hudson, Hurd, Lee, McClurg, Mutz, Newman, Orr, Packard, Robbing, Smith of Miami, Thompson, Turner, Underwood, Warrum and Woods - 24.
NAYS - Messrs. Anderson, Atkinson, Black, Brett, Bryan, Campbell, Collins of Whitley, Collins of Adams, Cooprider, Dashiel, Davis, Dobbins, Epperson, Erwin, Ferguson, Fisher, Fleming, Ford, Fraley, Giiford, Gore, Gresham, Hall, Harvey, Haworth, Hayes, Heffren, Holcomb, Hopkins, Howard, Jones of Vermillion, Jones of Wayne, Kitchen, Knowlton, Lods, Lane, Lightner, Moorman, Moss, Nebeker, Owens, Parrett, Pitts, Polk, Prow, Ragan, Kandall, Sloan, Sherman, Smith of Bartholomew, Stevenson, Stotsenburg, Trier, Thomas, Wilson and Woodhall - 56.
So the bill was not laid on the table.
On motion by Mr. STOTSENBERG, it was referred to the Committee on the Judiciary.
GOVERNOR'S CONTINGENT FUND.
On motion by Mr. GRESHAM, the order of business was suspended to enable him to report back from the Military Committee Mr. Fisher's bill (4) making an appropriation of $100,000 for the contingent fund of the Governor, to enable him to defray the expenses of preparing to respond to the call of the President of the United States for troops.
The bill was reported to the House without amendment, and with the committee's recommendation that the same do pass.
The bill was then ordered to be engrossed for the third reading, considered as engrossed, read the third time and passed the House of Representatives - yeas 63, nays 13 - as follows:
YEAS. - Messrs. Atkinson, Bingham, Brett, Bryan, Chapman, Cameron, Campbell, Cason, Collins of Whitley, Cooprider, Dashiel, Davis, Epperson, Erwin, Feagler, Ferguson, Fisher, Ford, Fordyce, Fraley, Frazier, Gifford, Gore, Gresham, Hall, Harvey, Haworth, Heffren, Henricks, Holcomb, Hopkins, Howard, Hurd, Jones of Vermillion, Jones, of Wayne, Lads, Lane, Lee, Lightner, McClurg, Moorman, Mutz, Nebeker, Newman, Orr, Parrett,
page: 41[View Page 41]Pitts, Prow, Ragan, Randall, Sloan, Sherman, Smith, of Miami, Stevenson, Stotsenburg, Thomas, Thompson, Turner, Underwood, Warrum, Wilson, Woodhull, Woods - 43.
NAYS. - Messrs. Black. Collins of Adams, Combs, Dobbins, Fleming, Horton, Kitchen, Knowlton, Moss, Packard, Polk, Robbins, Smith, of Bartholomew, Treer - 14.
Mr. FORD asked to be excused from voting to enable him to say: Unlike some on this floor, I am not inclined to calculate expenses when the country is in danger. I come here for the purpose for the purpose of voting any number of men and any amount of money necessary to support the "stars and stripes." It's too late to count the cost. We are into it, and must get out of it. Whatever amount of money is necessary, I vote it freely; and therefore shall vote aye, if the House consent. [Laughter.]
Mr. PARRETT, pro forma. I do not really know, Mr. Speaker, whether this sum is too large or not. But there is one thing about me, and that is, I am not afraid here of either great men or boys; but I am really afraid of this money being extravagantly used.
Mr. GRESHAM interposing. This sum not only contemplates the payment of expenses already incurred; but we are going to adjourn shortly, and the President of the United States may make another call on us before a twelve month.
Mr. PARRETT. We are herein the midst of the gravest difficulties, and we are voting enormous sums of money: and if we need it it's all right. If necessary, every dollar should go, as far as I am concerned. But this thing of giving out blank receipts, when every dollar is needed to be husbanded with care - whenever everything in action depends so much on money it does seem to me that we cannot be too stringent and cautious in this matter. I vote aye.
Mr. SMITH of Bartholomew, pro forma. I am just as willing as my friend from Jackson to vote all the men and money that is necessary, but experience teaches us if more than is needed is appropriated it will be all expended. For that reason I shall vote "no." I would be willing to vote $50,000.
Mr. BLACK, pro forma. I am in favor of voting all proper supplies of men and money; but I think this sum is too large. That's the reason I vote "no."
Mr. DOBBINS (pro forma). I shall vote against the appropriation of one hundred thousand dollars to be placed in the hands of the Governor, as contemplated in this bill: first, because the bill contains no provision that the General Government shall refund the money to the State; and secondly, because we have had no estimate of what amount will be necessary to meet the contingency. I can not say whether the amount in the bill is sufficient or not. l am ready now and at all times to vote all requisite supplies of men and money to sustain the Union and the majesty of the Government of the United States; but I wish to understand what is right before I act.
So the bill passed.
AFTERNOON SESSION.
The House resumed the order of the consideration of bills on the second reading.
Mr. Owen's amalgam-evidence bill [16] was considered and referred to the Committee on Rights and Privileges.
Mr. Jones' Common Pleas bill [18] was referred to the Committee on the Organization of Courts of Justice.
Mr. Black's Recorders' and Surveyors' bill [19] coming up -
On motion of Mr. BLACK, it was laid on the table.
LEGISLATIVE EXPENSES.
Mr. KNOWLTON introduced a bill [26] appropriating $15,000 for Legislative expenses; and the rules being suspended for the purpose, it was read twice and considered.
Mr. McLEAN proposed to amend the bill after the enacting clause by substituting the common form, which was adopted.
Mr. COLLINS, of Adams, moved to refer the bill to the Committee on Public Expenditures, by way of giving that committee something to do. He had never yet seen a report from that committee.
Mr NEBEKER, as Chairman of that committee, detailed some of its labors, and warmly resented the charge of indolence.
The motion to refer did not prevail.
On motion of Mr. ROBBINS the bill was ordered to be engrossed for the third reading, considered to be engrossed, read the third time and passed - yeas 68, nays 0 - with an amendment of title, viz: "An act making appropriations for the, expenses of the present session of the General Assembly."
CONSTITUTIONAL OBLIGATIONS.
On motion by Mr. DOBBINS, the joint resolution, S No. 3, (printed in the Senate proceedings of this day) in relation to certain constitutional obligations which rest upon the Government of the United States and upon the several State governments of the Union, was taken up, He trusted that this resolution would pass the House by a unanimous vote.
Mr FRASIER proposed to amend the joint resolution by striking out the words "flag of South Carolina" and inserting "flag of the so called Confederate States."
The amendment was rejected.
And then the resolution was adopted - yeas 63, nays 2 - 2 present and refusing to vote.
COST OF COMMISSARY GENERAL'S DEPARTMENT.
Mr. HENRICKS submitted the following:
Resolved. That the Commissary General be requested to report to this House what it costs per day for rations for each soldier now in camp; and whether they are supplied or furnished by contracts; and if so, with whom are contracts made, and what is the price paid each contractor and if not supplied by contractors, in what way are they supplied, and what price is paid for each principal article of supply?
His object in introducing this was, that there have been various fabulous rumors afloat about prices for provisions for the camp paid by the Commissary General, and he thought it but justice to that officer that the true state of the case should be made known.
Mr. PARRETT desired to amend by adding an inquiry as to how many troops are now being kept at the expense of the State.
Mr. HENRICKS accepted the amendment, the resolution was adopted.
And then the House adjourned.
