IN SENATE.
WEDNESDAY, February 4,1863.The bill [S.56] regulating the bequeathing of estates for religious or charitable purposes, was returned from the Judiciary Committee with a recommendation that it lay on the table.
Mr. CLAYPOOL called attention to the bill. It was very simple. It merely required persons who desired to give their property to institutions of the kind named to do so six months before their decease. It was re-enacting the English law on the subject. It was intended to protect families from the influences frequently brought to bear upon invalids in their last illness, by crafty and cunning men in the ministry. or controlling, ambitions corporations. He gave many instances where great injustice had been done to families, many of them right in the Capital.
Mr. MANSFIELD said it was a remarkable fact that insane minds take a dislike against those who were most beloved while the patient was sane. All diseases affected the mind, and designing persons could easily influence the sick in such a way as to bring injustice upon their heirs and families.
Mr. RAY said that the bill proposed to set up an arbitrary rule as to the period before death when a man should make a will. The rule of law was that a man must be sane when he makes a will. The bill regulates the competency to make a will by time, and not by the condition of mind. If the mind was in such condition as to admit of the testator's making a will, he could make any disposition of his property that he saw fit six days or six years before death as well as six months prior to death.
Mr. DOWNEY hoped that the bill would not become a law. It went beyond the cases alluded to by the Senator from Fayette, (Mr. Claypool), and would operate as an improper restriction against other classes of cases. If it were in evidence that testators had been governed by improper influences in making wills, that fact would, under the existing laws, set aside the wills.
Mr. MARCH could not vote for the bill in its present form. There were many cases where individuals had amassed large fortunes, with the intention of bequeathing them to some institutions for the benefit of the poor and unfortunate, and it would be unjust to compel such to devise their property at least six months before death, unless there could be some rule by which six months' notice could be nerved upon them of approaching death. He did not believe in the rule that would hand flown all of a man's property to a few pampered heirs.
Mr. CLAYPOOL contended that this bill would do much good and no harm. It would prevent bequests from being made to monopolies, (under the name of charitable and religious institutions) by parties when in an improper condition of mind, and would prove a protection to many a family, who would otherwise be left penniless.
Mr. WOLFE thought that if we were to obstruct by law the making of wills for the benefit of charitable institutions, we should prohibit the making of such wills altogether, and not do it partially. But he was opposed to all laws that would restrict any one in disposing of his property in any way that he might choose. Let the people be perfectly free to give whatever they pleased, and to whom they pleased, at any time and at all times, whatever of property they might possess for charitable purposes.
The report of the committee was concurred in, and so the bill was laid on the table.
FURLOUGHS FOR SICK SOLDIERS.
Mr. GAFF introduced a joint resolution [8] recommending Congress to provide better regulations in regard to furloughing home sick and wounded soldiers, &c., which was read the first time.
NEW PROPOSITIONS
The following bills were introduced, read the first time, and severally passed to the second reading, to-wit:
By Mr. WOLFE, [79] to protect the liberty of the press, declaring certain acts infringing upon the liberty of the press to be felonies, and prescribing punishment therefor, and providing compensation to persons whose property is injured or destroyed by mob violence in certain cases, and declaring when this act shall take effect.
By Mr. BEESON, [80] to amend the 5th section of the liquor act.
By Mr. NEW, [81] in relation to injunctions and restraining order between landlord and tenants.
By Mr. MARCH, for the Judiciary Committee. [82] to repeal an act entitled an act to authorize the Bank of the State of Indiana to lay off and create five additional bank districts, and locate and establish branches therein, approved March 9, 1861.
WORK FOR COMMITTEES.
Senate bills 77 and 78, introduced yesterday, were read the second time and appropriately referred.
A NATIONAL CONVENTION.
The joint resolution [S. 6] (printed in last Thursday's proceedings) coming up in order--
Mr. BLAIR moved to amend so as to read that no action be taken by Indiana towards sending delegates to such Convention until all of the States, including those now in rebellion, shall have, through their authorities, given their assent thereto.
page: 114[View Page 114]Mr. WOLFE moved to refer the resolution and pending amendment to the Committee on Federal Relations.
Mr. TEEGARDEN said he was opposed to the resolutions, but if gentlemen wished to send delegates South he was in favor of sending them down into the heart of the rebellious States, and moved to instruct the committee to strike out "Nashville" wherever it occurred in the resolutions, and insert "Charleston, South Carolina."
Mr. BROWNE, of Randolph, moved to amend the instructions so as to insert "Richmond, Va." instead of "Charleston."
AFTERNOON SESSION.
Mr. CLAYPOOL submitted an additional amendment, and the amendments and joint resolution were referred.
The joint resolution, [3. 71 in relation to land donated to the State by the United States for the endowment of colleges, was read the second time and referred to the Judiciary Committee.
NEW PROPOSITIONS.
The following hills were introduced, read the first time, and severally passed to the second reading:
By Mr. WOLFE, [83] providing tint creditors and sureties shall have a right, of notion in certain cases before the debt or liability is due, and providing a remedy by attachment in such cases, and declaring when this act shall take effect.
By Mr. RAY, [84] regulating the fees of County Recorders, and more fully defining their duties and powers in certain cases.
By Mr. DOWNEY, [85] on the subject of Master Commissioners, their duties and compensation.
GOVERNOR'S MESSAGE.
On motion by Mr. MARCH, the Governor's message was taken up, and, without reading, referred to appropriate committees.
