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Brevier Legislative Reports, Volume VI, 1863, 240 pp.
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HOUSE OF REPRESENTATIVES.

TUESDAY, February 24, 1863.

A committee report recommending that the bill H. R. 103--see page 94--be laid on the table, was concurred in.

GOV. MORTON AND HIS MILITARY OFFICERS.

The resolution (printed on page 159 of these Reports,) with regard to the resolutions purporting to come from the 27th Indiana regiment, and inquiring whether Governor Morton approved them, was taken up--it being the special order.

Mr. KILGORE said he was of that number who had desired to avoid all discus- page: 170[View Page 170] sions calculated to divide those who should be engaged in a common cause. Unfortunately for the country the majority had chosen to make political issues. Resolutions of censure, and of inquiry, calculated to excite party animosity between the members, had been introduced at an early stage of the session. This resolution censures the 27th Indiana Regiment for denouncing the sentiments of Senators Wolfe and Brown. Had he occupied the position of the soldiers and had been villified as they have been on this floor, he should have used the strongest terms in reply. They have been called "shoulder-straps." "abolitionists." &c., and when they have resented these epithets, Democrats have introduced such resolutions of censure-- When these men volunteered we were united in the defense of the Union, no one expressing contrary sentiments; and now after eighteen months of toil and struggle, they were denounced as engaged in a "hellish abolition war," by resolutions and speeches on this floor. They were told that they were laboring not for their country, to put down treason, but simply making a raid on the established institutions of the States. And yet they must be silent. He did not believe the Democracy of Indiana were traitors, but were he a soldier at Stafford Court House, and should take up the Sentinel and read the propositions of those Senators, knowing the intentions of the traitors South he would be forced, as these soldiers were, to come to the conclusion that they were offered in the interest of those traitors. All these resolutions were treasonable in effect, lacking only the intent. Their authors may not have had such an intent, but believed their advocacy would be a popular movement for the Democratic party.-- What would be the effect of an armistice? It would be to end the war, and establish forever the Southern Confederacy. By proposing it you dishearten the soldier, encourage desertion, and say to the traitors, we cannot conquer you, and are willing to grant you your own terms. The rebels receive these propositions with contempt. Foote's resolutions for preface introduced in the rebel Congress are based on a formal recognition of their independence. The opinions of these rebels were known to the Democratic Senators who introduced these resolutions. Any thing which gives aid and comfort to the enemy only lacks the intent to make it overt treason. All who have stood by the Administration have been stigmatized as abolitionists. You claim that you are not sympathizers. Yet when you use such epithets, is it not done to break down the Administration by opprobrium? Your investigating committees have been raised for the same end. Yet you do not denounce the rebels in the same terms of bitterness you do the administration. Even T. A. Hendricks uses this language: "I have no defence to make for the South in her present position, and am no advocate of her cause." That's the severest language he uses. That is what your leader declares. What further does he say?-- "Should our Government go down in the vortex of this revolution the responsibility rests on Abolitionists." Who are Abolitionists?" He terms every man so who supports the Government and denounces him as an Abolitionist. Governor Hendricks is not alone in this. Judge Perkins in his speech uses no language worse than that "they have acted in bad faith towards the North." Yet he makes nearly one hundred and fifty charges against Abolitionists; that we have not kept faith in our obligations to the South, and specifies the reasons why the South had a right to rebel. Stealing their negroes is an absurd justification. Treason began in South Carolina where they lost no negroes, and saw no Abolitionists. The soldiers have a right to complain of these resolutions, because their tendency is to demoralize the army. The resolutions propose to ask Congress to call a National Convention, and if it refuses, the people are to act for themselves. Their plan gives to go-by to the Government, and is treasonable in effect. The Foote resolutions talk "sympathizing most kindly with those who have brought about the change in the North," and would propose peace with those States who, leaving New England, would form a union with the South. Yet you say, let us go down to Nashville and re-construct the Government, on their basis, for you know the terms they offer. Those resolutions have found their way to Richmond, and are declared by the Richmond Whig to have the flavor of treason. Another reason why the 27th regiment have a right to speak their sentiments is this. Your organization is led by the men I have named. I challenge you to tell me when these men have ever sustained the vigorous prosecution of the war.

Mr. WOOLLEN asked: did you not say at the first there was a universal agreement for the war?

Mr. KILGORE said they did not dare express their sentiments, but when roaching around. At his Shelbyville speech, Mr. Hendricks said, he had urged no one to go into the service. When did Turpie, Hendricks, Perkins, Voorhees and Vallandigham urge any man to go into the war?

Mr. RICHARDSON. I will answer for Mr. Turpie. He made the first war speech in White county, and helped to raise the first company who went to the war from Northern Indiana.

Mr. SHAFFER said Turpie's county was free from the draf, while Colfax's was not.

Mr. ANDERSON said the draft was heaviest in the Democratic townships, and page: 171[View Page 171] did not take place in some Republican townships.

Mr. HOLCOMB said the heaviest draft in the State was in Marion county.

Mr. TARKINGTON said we had not seen the draft here.

Mr. HOLCOMB referred gentleman to the report of the Draft Commissioner.

Mr. KILGORE said those who had been the head and front of the Democratic party here had always been opposed to the war. Turpie had made war speeches, yet in his recent speech he indicates that he did it for party effect, against his real convictions. It proves that he was always in heart opposed to the war, and was not an honest and upright statesman. Take the case of Jesse D. Bright, who was a traitor, and expelled from the United States Senate for attempting to place in the hands of traitors improvements in fire-arms. Gov. Wright was appointed his successor, and he was at once denounced an Abolitionist.

[Mr. Kilgore was called to order and the Chair ruled that the discussion must be confined to the one resolution set forth, and that a general discussion on the conduct of the war was out of order]

Mr. KILGORE said he was about to give a reason why the soldiers had a right to come to the conclusions they had done. He took the resolutions pending to be an act of censure on that regiment for adopting and publishing their resolutions.--Hence he had a right to call in question the course of the legislators who had offered armistice resoultions. He believed the soldiers had a right to infer that these Senators were unfriendly to the prosecution of the war, and they had spoken as they had a right to speak. It will not be denied that every man in your party who has favored the vigorous prosecution of the war has been read out of the party, and bitterly denounced. Their only sin is patriotism. The letters constantly sent to soldiers to encourage desertion is another reason why they have spoken. They have been assured that they should and could desert, and be protected in their treason. He read but yesterday a letter from Monroe county, Indiana, in which desertion is encouraged. The letter is by Mr. McManus and his wife.

Mr. BUSKIRK denied the knowledge of any such person.

Mr. KILGORE said that Gov. Dunning had stated to him that he knew such a man.

Mr. McManus claimed that there were three hundred who wore the lone star, and were going to protect deserters.

[Mr. Kilgore was again called to order, as traveling out of the record.]

Mr. KILGORE said if it was not competent to give the reasons why the soldiers had formed their conclusions; if it was not competent to show the character and tendency of these armistice resolutions of the Senate, he would yield to the floor.

Mr. BROWN challenged the gentleman to instance a single word uttered by any Democrat disrespectful of the Northern Army Democrats had spoken disrespectfully of "things" which had succeeded in introducing themselves into the army. The term "shoulder straps" had been used with regard to some of them, but it had never been used with reference to brave and true officers. No democrat on this floor, or on the floor of the Senate, had ever denounced the soldiery; but they had denounced the itinerant vagabonds so to speak, who, getting furloughs, came home and perambulated the State, doing the dirty work of the Abolition partymen who had gone into the army for pay and were too cowardly to risk their precious carcases in battle.

[Mr. BROWN was called to order by the minority in all parts of the House.]

Mr. BROWN. When a soldier fails in his duty, we have a right to censure him as well as any one else. But the true soldier was respected and honored by the Democracy everywhere. Had it not been for the machinations of the Abolitionists--if the examples of the fathers of 1850, who then compromised, had been followed in these patent days of patent Abolitionism, the national flag would float in triumph from Maine to Georgia. Suppose an armistice takes place, would it give aid and comfort to the rebels? The intention of a peace convention would be to sue if we could not restore the country under one Constitution and one flag. He claimed that the military law was subordinate to the civil. It would be more proper, therefore, for this Legislature to instruct the soldiers than for the soldiers to instruct us. In his opinion the soldiers, the gallant privates, had no more to do wit these resolutions than he had. In his opinion, they were concocted here in Indianapolis, and sent on to Abolition officers for signatures men who controlled brave Democratic privates for the base purposes of Lincoln and his petty Cabinet. He would like to know if Governor Morton had in any way held out inducements to these soldiers to come home and overawe this Legislature. It was the attempt of the Abolitionists turn the soldiery against the democratic party. Sir, the Democratic party is not a band of traits: The Democratic party sought only to restore the Constitution and maintain and perpetuate the Union. It was the duty of the Democratic party to sustain the Government when that Government sought sincerely those great objects. But the Democratic party were he judges themselves as to whether those in power transcended the Constitution, to the rigid observance of which that party would ever hold them.

Mr. BUSKIRK, (Mr. Miller int he Chair) remarking that already gentlemen had been heard on both sides, and as business page: 172[View Page 172] was preying, he would demand the previous question.

The demand was sustained, and the main question ordered.

The resolution was adopted, by the following vote:

YEAS--Messrs. Abbett, Atkison, Bird, Blocher, Brown, Burton, Collins, Cook, Donaldson, Given, Hall, Hanna, Harden, of Washington, Hardin of Perry, Harney, Hetfield, Holcomb, Hon, Howard, Howell, Howk, Humphreys, Kemp, of Dubois, Kemp of Vigo, Lake, Lasselle, Lee, Lemmon, of Harrison, Lemmon, of Spencer, Mason, Miller, Milroy, Mutz, Niblack, O'Brien, of Martin, Osborn, Packard, Priest, Puett, Reitz, Richardson, Rippey, Ryan, Shaffer, Shoaff, of Jay, Spencer, Veach, Wolfe, Woollen and Mr. Speaker--50.

NAYS--Messrs. Anderson, Baker, Branham, Budd, Cass, Chambers, Forester, Gregg, Gregory, Griffith, Hershey, Higgins, Hostetter, Hutchings, Johnson, Jones, Kendrick, Leads, Marshall, Mustard, Newman, Noyes, O'Brien, of Hamilton, Perry, Pettibone, Robinson, Roe, Stone, and Tarkington--20.

AFTERNOON SESSION.

On motion by Mr. HANNA, his bill [221] the military Board bill, was made the special order for 10 a. m. to-morrow.

THE COLONIZATION FUND.

Mr. BRANHAM offered a resolution, which was adopted, requesting the State Auditor to report the appropriations for, disbursements of, and present condition of the Colonization Fund.

THE COMMITTED OF THIRTEEN.

Mr. NIBLACK, from the Peace Committee, made a majority report, which was informally tabled, and 500 copies ordered to be priced. The minority were allowed till 2 p. m. to-morrow to report.

NEW PROPOSITIONS.

The following bills were introduced, read the first time and severally passed to the second reading:

By Mr. ANDERSON. [248] to provide for the elective franchise by legal voters temporarily absent from the Stale in military service.

Mr. WOOLLEEN, [249] to authorize Circuit and Common Pleas Courts to issue warrants for contempt in certain cases

By Mr. KILGORE, [250] to amend section 4 of the act relating to sidewalks.

BILLS ON THE THIRD READING.

The following described House bills were read the third time and finally passed, unless otherwise stated:

Mr. Kemp, of Dubois', [47] to legalize the acts of deputies of civil officers who have entered the military service; by yeas 67. nays 7.

Mr. Given's, [01] to provide compensation for animals killed by railroad trains; by yeas 59, nays 19.

The bill [102] to fix the equivalent for exemption from military duty on account of conscientious scruples at $200 was rejected; by yeas 48, nays 27.

The bill [H. R. 111] to provide for the transfer of Sinking Fund mortgages to the respective counties failed for want of a Constitutional majority; yeas 43, nays 37.

The bill [H. R. 116] was laid on the table.

The bill [H. R. 118] amending the license law, makhig adulteration of liquors felony and punishable by fine and imprisonment in the State Prison, failed for want of a Constitutional majority; yeas 44, nays, 37.

Mr. Howk's, [130] to give additional powers to Circuit and Common Pleas Judges in vacation; by yeas 76, nays 0.

Mr. GARVIN'S [142] to amend the 656th and 661st sections of the practice act. It extends the lein on boats to contracts made out of the State as well as in; by yeas 73, nays 0.

Mr. Lamb,s, [143] to authorize County Auditors to issue fee bills in certain cases; by yeas 63, nays 6.

Mr. Howk's, [14-9] Supplemental to the act incorporating mining companies. It prevents fraudulent insolvency of said companies, and makes the directors personally liable in such cases; by yeas 70, nays 5.

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