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Brevier Legislative Reports, Volume VI, 1863, 240 pp.

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6. SKETCHES
OF THE
JOURNALS AND DEBATES
OF
The 42d General Assembly.

6. Convened in the Capitol, Regular Session, in the Town of Indianapolis, 1863.

INDIANA LEGISLATURE.
IN SENATE.

THURSDAY, January 8, 1863.

This being the day prescribed by the Constitution of the State of Indiana for the regular biennial meeting of the Legislature, Senators assembled in the Senate Chamber of the Capitol at ten o'clock, a.m., and were called to order by THOMAS M. BROWNE. Esq,. Principal Secretary of the last session.

Senators holding over answered to their names as follows:

From the counties of Clark and Scott--Charles P. Ferguson.
From the counties of Delaware and Blackford--Walter March.
From the counties of Elkhart and Lagrange--Chas. L. Murray.
From the counties of Fayette and Union--Benjamin F. Claypool.
From the county of Fountain--Henry Campbell.
From the counties of Gibson, Dubois and Pike--Thomas Shoulders.
From the counties of Hamilton and Tipton--George B. Grubb.
From the counties of Hendricks and Boone--Solomon Blair.
From the county of Henry--Joshua II. Mellett.
From the counties of Jennings and Jackson--Medy W. Shields.
From the counties of Johnson and Morgan--Franklin Landers.
From the counties of Laporte and Starke--Abram Teegarden.
From the counties of Miami and Fulton--Daniel R. Bearss.
From the county of Montgomery--Michael G. White.
From the counties of Noble, DeKalb and Steuben--Timothy R. Dickinson.
From the counties of Putnam and Clay--Archibald Johnston.
From the county of Rush--Edward H. M. Berry.
From the counties of Shelby and Hancock--Martin M. Ray.
From the counties of Vigo and Sullivan--Henry K. Wilson.
From the counties of Washington and Harrison--Simeon K. Wolfe.

Senators elect were then called, and the following appeared, presented their credentials, and took the oath of office at the hand of Judge SAMUEL E. PERKINS of the Supreme Court, (which is in the following words: "You and each of you do solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Indiana, and that you will faithfully discharge your duty as Senators during your continuance in office, so help you God.") to-wit:

From the counties of Adams, Jay and Wells--Geo.S. Brown.
From the county of Allen--Pliny Hoagland.
From the county of Bartholomew--Francis T. Hord.
From the counties of Benton, Warren and White--Alfred Reed.
from the counties of Carroll and Clinton--Learner McClurg.
From the counties of Cass, Howard and Pulaski--John Davis.
From the counties of Crawford and Orange--Henry Jenkins.
From the county of Dearborn--James W. Gaff.
From the county of Decatur--J. D. Pleak.
From the county of Floyd--Augustus Bradley.
From the county of Franklin--Thomas Gifford.
From the counties of Huntington and Whilley--A.J. Douglass.
From the counties of Jasper, Lake and Newton--Ezra Wright.
From the county of Jefferson--John L. Mansfield.
From the counties of Kosciusko and Wabash--Wm. C. Graves.
From the counties of Knox and Daviess--James D. Williams.
From the counties of Lawrence and Martin--Thos. R. Cobb.
From the county of Marion--John C. New.
From the counties of Madison and Grant--John D.Marshall.
From the counties of Monroe and Brown--Paris C.Dunning.
From the counties of Ohio and Switzerland--Alex. C. Downey.
From the counties of Owen and Greene--GW. Moore
From the counties of Parke and Vermillion--Oliver P. Davis.
From the counties of Perry, Spencer and Warrick--Benjamin L. Fuller.
From the counties of Posey and Vanderburg--Geo. W. Finch.
From the county of Randolph--Thomas M. Browne,(to fill a vacancy.)
From the county of Ripley--Wm. L. Hartley.
From the county of Tippecanoe--Moses C. Culver.
From the county of Wayne--Othniel Beeson.

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ORGANIZATION.

On motion by Mr. JOHNSTON, it was

Ordered, That the Senate now proceed to election of a President to preside over the deliberations of this body.

Mr. WILLIAMS nominated PARIS C. DENNING, of Monroe.

Mr. MELLETT nominated OTHNIEL BEESON of Wayne.

No other nominations being made--

The Secretary called the roll and the result of the first ballot was as follows:

Senators voting for Mr. Dunning were--

Messrs. Bradley,Brown of Wells, Cobb, Davis of Cass, Douglass, Downey, Ferguson, Finch, Fuller, Gaff, Gifford, Graves, Hartley, Hoagland, Hord, Jenkins, Johnston, Landers, McClurg, Marshall, Moore, Ray, Shields, Shoulders, Williams, Wilson n, Wolfe--27.

Senators voting for Mr. Beeson, were--

Messrs. Bearss, Berry, Blair, Browne, of Randolph, Campbell, Claypool, Culver, Davis, of Parke, Dickinson, Grubb, Mansfield, March, Mellett, Murray, New, Pleak, Reed, Teegarden, White, Wright--20.

Mr. Dunning having received a majority of all the votes cast, was declared by the Secretary, to be duly elected President of the Senate, and Senators Reckon and Williams were appointed to conduct him to the chair.

The PRESIDENT, having been conducted to the Chair, said : Gentlemen of the Senate, in return for the distinguished compliment just conferred upon me by this election to the Presidency of the Senate, I promise you, in the discharge of the arduous and responsible duties which the Constitution imposes, all the ability of which I am possessed.

The Senate of Indiana has assembled on this occasion under inauspicious circumstances. Our country which was once happy and united--which was prosperous, which was the greatest among the nations of the earth is now involved in civil war the like of which the history of the world gives no account. The Constitution of the United States has been imperilled, the integrity of the Union has been lost, and every attempt which a powerful people can make for the purpose of prostrating this government is now going on. These things should admonish us, that in our deliberations we should have harmony and co operation--that we should throw aside partizanship and act as statesmen. I trust that the legislation of this session will be characterized by statesmanship, and by the enactment of such laws and the expression of such opinions as will tend to put down this rebellion as will tend to uphold the Constitution of the country and to the reconstruction of this government. I promise you, Senators, co-operation on my part, and I trust there will be co-operation on the part of the every member of this body.

Your duties are responsible--I repeat, your duties are responsible: Your constituents are looking to you with anxiety and not only your constituency, but the people of the world are looking to the legislation of Indiana as well as to the legislation of every loyal State of this Union to see what direction that legislation may take.

I trust, I say, that our legislation may be characterized by such a spirit and by such tendencies as will restore peace and harmony to this once glorious country, but now divided and now distracted. That such may be the result of our legislation, if I may be permitted, I pray Almighty God who rules the every destiny of men, as well as the destinies of nations, to inspire us with the proper spirit for the station we occupy. I thank you, gentlemen, kindly, for the honor you have conferred upon me.

I can say upon this occasion truly to my Republican and to my democratic fellow-senators, that I take this place without ever having uttered a word directly or indirectly, by way of seeking the intervention of any friend, for my election to the seat you have given me.

The Senate pursued the organization.

MR. COBB nominated for Principal Secretary James H. Vawter, of Jennings.

Mr. CLAYPOOL nominated Azel P. Newkirk, of Fayette.

Mr. Vawter received 27 votes, and Mr. Newkirk 22 votes. Mr. Vawter was declared duly elected.

Mr. WILSON nominated for Assistant Secretary Samuel R. Hamill of Sullivan.

Mr. MARCH nominated John R. Cravens of Marion.

Mr. Hamill received 27 votes, and Mr. Cravens 22. Mr. Hamill was declared duly elected.

Mr. SHIELDS nominated for Doorkeeper W.H. Montgomery of Martin.

Mr. BERRY nominated Samuel G. Thomson of Wabash.

Mr. Montgomery received 27 votes and Mr. Thomson 22. Mr. Montgomery was declared duly elected.

Mr. WILSON nominated for Assistant Doorkeeper Bruce Shields of Jackson.

Mr. BROWNE of Randolph nominated Frederick F. Needham of Randolph.

Mr. Shields received 27 votes and Mr. Needham 21. Mr. Shields was declared duly elected.

As each office was elected he forward and was sworn by Solomon Claypool, Judge of the Sixth Judicial District.

On motion by Mr. RAY, it was--

Ordered, That the Secretary inform the House of the organization of the Senate.

PARTIZAN DECLARATION.

Mr. CLAYPOOL offered the following:

WHEREAS, The suppression of the rebellion, the restoration and preservation of the Union of all the states is the great and paramount object of all loyal citizens. Therefore, be it

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>Resolved, That the members of this Legislature will vote for no man for office who is not in favor of a vigorous prosecution of the war, and who is not unalterably opposed to the severance of any State or States from this Union.

Mr. COBB moved to postpone any action on the resolution until next Tuesday week.

Mr. MARCH had not come here to shirk from any duty to avoid or dodge the-expression of any opinion. While he had no disposition to pass judgment in advance, upon rumor, as to the loyalty of any candidate to he presented, yet it could not be denied that there were rumors out, and it was proper that the Senate should now define its views. He was prepared to vote for it now, but would consent to the postponement of the resolution until members could have time for consideration.

Mr. WOLFE had no objection to a resolution on that subject, properly worded. There were some things in it that were proper, but there were other subjects that orient to be in that are not.

Mr. CLAYPOOL thought there was nothing in the resolution that ought not to meet with a proper response now. If gentlemen wished to amend it, now was the time. Its object was that when it became necessary to elect officers none but those of undoubted loyalty should be voted for.

Mr. McCLURG said the resolution should he more comprehensive in its wording. It should be definite and positive in its sentiments. No one could object to the war, if it be not prosecuted in a profligate manner.

He withdrew his motion upon the suggestion of--

Mr. WILLIAMS who moved to refer the resolution to the Committee on Federal Relations.

Mr. MELLETT was not uneasy about being gagged. He was ready to vote for the resolution because it was a simple proposition and right in itself.

Mr. MANSFIELD, as one of the minority, would throw no obstacle in the way of the majority, but this question was a simple expression, and if gentlemen were willing to postpone elections until an expression was had on this resolution he would consent to postpone action on it now. He offered an amendment providing that the present Legislature shall not enter upon the election of United States Senators until action is had upon the subject embraced in Mr. Claypool's resolution.

The PRESIDENT (Mr. Johnson in the chair.) deemed the amendment out of order.

Mr. RAY advocated the reference to the Committee on Federal Relations. The resolution was not fall enough, and should go there to be perfected. There were many patriotic and loyal Senators who were in favor of a vigorous prosecution of the war, who thought the olive branch should accompany the sword. Others were satisfied that war alone could never restore the Union. He could assure Senators that, no man whose loyalty had a shade upon it would ever be elected to any high or responsible office.

Mr. CLAYPOOL, to test the question, made an ineffectual motion to lay the motion to refer on the table--yeas 22, nays 27.

The motion to refer was then agreed to--yeas 27, nays 22.

Mr. MANSFIELD offered the following:

Resolved, That the present Legislature enter upon no election of officers, until the resolution denning the position of the nominees for office, upon, the questions involved in the resolution, offered by the Senator from Fayette [Mr. Claypool] shall have been acted upon.

The resolution was rejected by yeas 23, nays 26, as follows:

YEAS--Messrs. Bearss, Beeson, Berry, Blair, Browne, of Randolph, Campbell, Claypool, Culver, Davis, of Parke, Dickinson, Downey, Graves, Grubb, Mansfield, March, Mellett, Murray, New, Pleak, Reed, Teegarden, White, Wright--23.

NAYS--Messrs. Bradley, Brown, of Wells, Cobb, Davis, of Cass, Douglass, Dunning, Ferguson, Finch, Fuller, Gaff, Giffod, Hartley, Hoagland, Hord, Jenkins, Johnston, Landers, McClurg, Marshall, Moore, Ray, Shields, Shoulders, Williams, Wilson, Wolfe--26

NEWSPAPERS.

On motion of Mr. COBB, it was--

Ordered, That the Doorkeeper be directed to contract for and place upon the desks of Senators and officers of the Senate, three copies of the Daily Sentinel and Journal, Provided they report and publish the proceedings of the Legislature in full: two of the aforesaid paper, to be wrapped and Stamped ready for mailing.

A message was received from the House announcing the organization of that body.

NOTICE TO THE GOVERNOR.

On motion by Mr. RAY, it was--

>Ordered, That a Committee of three be appointed to act with a like Committee on the part of the House to wait upon his Excellency the Governor, inform, him of the organization of the General Assembly, and inquire of him when it will be convenient for him to deliver his Message to the General Assembly.

The PRESIDENT made the Committee to consist of Messrs. Ray, Hoagland and Davis, of Parke.

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8TH OF JANUARY.

Mr. MARCH offered the following:

Resolved, That on this day rendered ever memorable and glorious by the victory achieved at New Orleans over the trained armies of a foreign foe, by American citizen soldiers under the lead of Andrew Jackson, we here renew our pledges of loyalty to the national constitution and Government, and of unalterable devotion to the Union of all the States, and adopt as our motto the living words of the hero of New Orleans: "The Union, it must and shall be preserved."

Resolved, That in honor of the day, and of the living and departed heroes whose deeds have made their names immortal, the Senate do now adjourn until to-morrow morning at nine o'clock.

On motion of Mr. RAY, all after the word "adjourn," in the last resolution, was stricken out, and the resolutions as amended were adopted--yeas 28, nays 19.

AFTERNOON SESSION.

The Senate was called to order at 2 o'clock.

On motion of Mr. MOORE a call of the Senate was ordered and being taken 29 members answered to their names.

There being no quorum present--

Mr. BROWNS, of Randolph, hoped that the Senate would excuse the Republican Senators who were absent. It was the anniversary of the battle of New Orleans, and the absent gentlemen desired to celebrate it with appropriate ceremonies.

Mr. COBB stated that the Republican Senators would not be present this afternoon. Of this he was well assured. He therefore moved that the Senate adjourn, until nine o'clock to-morrow morning.

The motion was agreed to.

HOUSE OF REPRESENTATIVES.

THURSDAY, January 8, 1863.

This being the day required by the Constitution for the biennial meeting of the Legislature, at 10 o'clock, the members elect of the House of Representatives of the forty-second General Assembly of the State of Indiana were in their places in the Hall, and Henry Crawford, Esq., Clerk of the former House of Representatives, called to order.

Members of the House of Representatives came forward to the area in front of the table & received the oath to "support the Constitution of the United States and the Constitution of this State, and to discharge their duties faithfully as members of the General Assembly of the State of Indiana," presenting their certificates of election, as follows:

From the county of Adams--P. N. Collins.
From the county of Allen--Ochmig Bird, John P. Shoaff.
From the county of Bartholomew--O. H. P. Abbett.
From the county of Boone--Sherman Hostetter.
From the counties of Boone and Hendricks--Thos. J. Cason.
From the county of Brown--Stephen V. Cook.
From the county of Carroll--John B. Milroy.
From the county of Cass--Charles B. Lasselle.
From the county of Clark--Jonas G. Howard.
From the county of Clinton--Cornelius J. Miller.
From the county of Clay--Adam C. Veach.
From the county of Crawford--absent.
From the county of Daviess--N. S. Given.
From the county of Dearborn--O. F. Roberts, Alf. Bregan.
From the county of Decatur--David R. Van Buskirk.
From the county of Delaware--Alf. Kilgore.
From the county of DeKalb--Miles Waterman.
From the county of Dubois--B. R. Kemp.
From the county of Elkhart--Matthew Rippey.
From the counties of Elkhart and Lagrange--Amos Davis.
From the counties of Fayette and Union--Russell B. Perry.
From the county of Fountain--Samuel Hatfield.
From the county of Floyd--Geo. V. Howk.
From the county of Franklin--Redin Osborn.
From the county of Fulton--N. G. Shaffer.
From the county of Gibson--Silas M. Holcomb.
From the county of Grant--Henley James.
From the county of Greene--John Humphreys.
From the county of Harrison--John Lemmon.
From the county of Hancock--Geo. Y. Atkison.
From the counties of Hancock and Shelby--James L. Mason.
From the counties of Hamilton and Tipton--James O'Brien.
From the county of Henry--Charles D. Morgan.
From the county of Hendricks--James M. Gregg.
From the county of Howard--J. M. Leeds.
From the counties of Huntington and Whitley--Samuel McGauchey.
From the county of Jackson--Jason B. Brown.
From the counties of Jasper and Pulaski--Paris Robinson.
From the county of Jennings--J. W. Hutchings.
From the county of Jefferson--David C. Branh, J.L. Roe.
From the county of Johnson--A. V. Pendleton.
From the county of Jay--Samuel A. Shoaff.
From the counties of Johnson and Morgan--Thos.W. Woolen.
From the county of Kosciusko--Henry J. Byerle.
From the counties of Kosciusko and Wabash--Jos. Marshall.
From the county of Knox--William E. Niblack.
From the county of Lagrange--Francis P Griffith.
From the county of Lake--D. K. Pettibone.
From the county of Laporte--James Forrester, W.W. Higgins.
From the county of Lawrence--Nathaniel Williams.
From the county of Madison--Richard Lake.
From the county of Marion--John S. Tarkington, W. H. Kendrick (contested.)
From the counties of Marshall and Starke--M..A O. Packard.
From the county of Monroe--Samuel H. Buskirk.
From the county of Montgomery--James F. Harney.
From the county of Morgan--J. J. Johnson.
From the county of Martin--John R. O'Brien.
From the county of Miami--R. F. Donaldson.
From the county of Noble--Timothy Baker.
From the counties of Ohio and Switzerland--R.N. Lamb.
From the county of Orange--George H. Hon.
From the county of Owen--Jacob V. Wolfe.
From the county of Parke--Casper Budd.
From the county of Pike--Win. H. De Bruler.
From the county of Perry--James Harden.
From the county of Porter L. A. Cass.
From the county of Posey E. M. Spencer.
From the county of Putnam--Austin M. Puett, Geo.W. Priest.
From the county of Ripley--Edwin P. Ferris.
From the county of Randolph--John H. Moorman.
From the county of Rush--Win. S Hall.
From the county of Scott--Daniel Blocher.
From the county of Spencer--James W. Lemmon.
From the county of Sullivan--Stephen G. Burton.
From the county of Shelby--Jacob Mutz.
From the county of Steuben--Enos B. Noyes.
From the county of St. Joseph--Andrew Anderson.
From the county of Tippecanoe--Joseph M. Hersheyand Samuel Mustard.
From the counties of Vanderburg and Posey--John A. Reitz.
From the county of Vanderburg--Thos. E. Garvin.
From the county of Vermillion--absent.
From the county of Vigo--Bayless W. Hanna, John Kemp.
From the county of Wabash--John L. Stone.
From the county of Warren--Benjamin F. Gregory.
From the county of Washington--Jamison Lee.
From the counties of Washington and Harrison--Aaron L. Hardin.
From the county of Wayne--Israel Woodruff, Oliver T. Jones, E. B. Newman.
From the counties of Wells and Blackford--Geo. S. Howell.
From the counties of White and Benton--John T. Richardson.
From the county of Warrick--Abram Chambers.

ORGANIZATION.

On motion of Mr. NIBLACK, the House proceeded to the election of Speaker.

Mr. NIBLACK nominated Samuel H. Buskirk, of Monroe.

Mr. WOODRUFF nominated D. C. Branham, of Jefferson.

The ballot resulted as follows:

Those who voted for Mr. Buskirk. were--

Messrs. Abbett, Bird, Blocher, Bregan, Brown, Burton, Collins, Cook,De Bruler, Donaldson, Ferris, Garvin, Given, Hall, Hanna, Harden, of Washington, Hardin, of Perry, Harney, Hatfield, Holcomb, Hon, Howard, Howell, Howk, Humphreys, Kemp, of Dubois, Kemp, of Vigo, Lake, Lasselle,Lee, Lemmon, of Harrison, Lemmon, of Spencer, Mason, McGauchey, Miller, Milroy, Mutz, Niblack, O'Brien, of Martin, Osborn, Packard, Pendleton, Priest, Puett, Reitz, Richardson, Rippey, Roberts, Shaffer, Shoaff, of Allen, Shoaff, of Jay, Spencer Veach, Waterman, Williams, Wolf and Woolen--57.

Those who voted for Mr. Branham were--

Messrs. Anderson, Atkison, Baker, Budd, Byerle, Cason, Cass, Chambers, Davis, Forester, Gregg, Gregory, Griffith, Hershey, Higgins, Hostetter, Hutchings, James, Johnson, Jones, Kendrick, Kilgore, Lamb, Leeds, Marshall,Moorman, Morgan, Mustard, Newman, Noyes, O'Brien, of Hamilton, Perry, Pettibone, Robinson, Roe, Stone, Tarkington, Van Buskirk and Woodruff--39.

Mr. Buskirk was declared elected, and was conducted to the chair by Messrs. Niblack and Branham.

The SPEAKER said:

Gentlemen--I shall endeavor, by a prompt, faithful and impartial discharge of the varied, arduous and responsible duties of the Chair, to make to you some slight return for the high and distinguished honor that you have conferred upon me, by selecting me to preside over your deliberations. I fully appreciate the responsibility that you have imposed upon me, and I earnestly solicit your support and co-operation.

I confidently trust, that at a time like the present, when our once united,happy, peaceful and prosperous country is distracted, divided and involved in civil war--when the Constitution, the Union of the States and the liberties of the people are imperilled--when the land is filled with mourning--when a hundred thousand of the brave and patriotic sons of our beloved State are exposed to the dangers, hardships and privations of the tented field--when the people are embarrassed with individual indebtedness and oppressed with taxation--when our financial, commercial, agricultural and industrial pursuits are deranged--and when our country demands our wisest, best and most patriotic efforts, that we, the honored and trusted Representatives of the sovereign people, will not be influenced and controlled by local, personal, selfish and partizan considerations, but that we will act the part of statesmen and patriots, and will take an enlarged, comprehensive and national view of all questions, affecting the interest, honor and prosperity of our common country.

Gentlemen, the House is now ready for further business.

On motion by Mr. BIRD, the House proceeded to the election of Principal Clerk.

Mr. HOLCOMB, nominated A. T. Whittlesey, of Vanderburg.

Mr. VAN BUSKIRK nominated Henry Crawford, of Floyd.

The whole number of votes cast was 98; Mr. Whittlesey received 59 votes; Mr. Crawford, 39 votes. Mr. Whittlesey was declared elected.

A message from the Senate was received by the hand of W. H. DRAPIER, Esq., Assistant Secretary of the last session. announcing that the Senate had completed its organization and was ready to proceed to legislative business.

On motion by Mr. FERRIS the House proceeded to the election of Assistant Clerk.

Mr. HOLCOMB nominated J. J. Davis, of Fulton.

Mr. BYERLE nominated Oliver Musselman, of Kosciusko.

Whole number of votes, 97; Mr. Davis received 59; Mr. Musselman, 38. Mr. Davis was declared duly elected.

On motion by Mr. OSBORN, the House proceeded to the election of Doorkeeper.

Mr. HALL, nominated Benedict Burns, of Rush.

Mr. GRIFFITH nominated Elisha B. Spellman, of Lagrange.

Whole number of votes, 96; Burns received 61 votes; Spellman 35. Mr. Burns received a majority of the votes cast, and was declared duly elected,

On motion by Mr. NIBLACK, the House proceeded to the election of Sergeant-at-Arms.

Mr. HANNA nominated Michael Griffith of Vigo, who was elected without opposition--receiving 62 votes, blank 24.

The Doorkeeper received his oath of office at the hand of the Speaker; the other officers received their oath at the hand of Solomon Claypool, Judge of the sixth Judicial District.

On motion by Mr. NIBLACK, it was--

Ordered, That the Senate be informed ot the organization of the House.

PARTIZAN DECLARATION.

Mr. JONES offered a resolution identical with the one offered by Mr. Clay- page: 12[View Page 12]Switch to Image Mode CLOSE Page 12 pool in the Senate the same hour. (See pages 8 and 9 of these Reports.)

Mr. ROBERTS urged the reference of the resolution to the Committee on Federal Relations. He endorsed the resolution, but this was not the proper time for its introduction.

Mr. ATKISON hoped a square vote would be taken on the resolution, and that it would pass.

Mr. MILLER demanded the previous question, which was sustained, and under Its operation the resolution was referred by yeas 58, nays 38--a strict party vote.

ARBITRARY ARRESTS.

Mr. HANNA offered the following resolution which was adopted:

WHEREAS, The Secretary of War of the United States, in his late official report has declared that the political arrests that have been made in the various States were made by the advice, and with the consent of the several Governors thereof, therefore,

Resolved, That his Excellency, Governor Oliver P. Morton, be requested at an early day, to furnish this House with the facts in relation to the political arrests that have been made throughout the State of Indiana.

Mr. BROWN. If not out of order I desire to give notice that I will at an early day, or as soon as an opportunity affords Introduce a resolution or resolutions asking that a special committee be raised with power to send for persons and papers and compel attendance, whose duty it will be to ascertain the number of political arrests that have been made in the State of Indiana, and report the character of the same to this House, and also to report by bill, or otherwise, the proper and necessary legislation to prevent such outrages, as in my opinion they are, from being committed in the future.

SOLDIERS VOTE.

Mr. GRIFFITH offered a resolution directing the Judiciary Committee to enquire as to the expediency of amending the election law so as to allow soldiers serving in the field the privilege of voting, which was adopted.

TO WAIT ON THE GOVERNOR.

Mr. MOORMAN offered a resolution which was adopted, appointing a joint committee of the House and Senate to in-form the Governor of the organization of the Assembly.

Messrs. Moorman, Branham and Hanna were appointed such committee on the part of the House.

ELECTION OF U. S. SENATORS.

Mr. MILLER offered a resolution providing for a joint convention for the election of United States Senators at 2 p.m. to-morrow.

Mr. BRANHAM objected. He wanted a little time to look around. Already had an important resolution bearing on this question been introduced and referred to the Committee on Federal Relations. He hoped the resolution would be withdrawn.

Mr. PACKARD thought that the election of Senators was a matt r most important, and he was in favor of attending to important business first. He urged therefore the adoption of the resolution.

Mr. BRANHAM made an ineffectual motion to adjourn.

The resolution was adopted without a division.

AFTERNOON SESSION.

The House met at 2 p.m.

Mr. ABDILL, of Vermilion, presented his credentials and took the oath office.

OUR SOLDIERS.

Mr. MORGAN offered a resolution tendering the thanks of the House to Major Gen. Rosecrans and the officers and privates who served under him for their heroic conduct at the late terrible battle Murfreesboro, and that we sincerely sympathize with the friends and relatives of the many patriots who there sacrificed their lives on behalf of their country and that the Clerk transmit a copy of tin resolution to the commander of each regiment engaged in that battle.

The resolution was adopted by yeas 92, nays 0.

Mr. HOLCOMB offered a joint resolution instructing our Representatives in Congress to pass a law reducing the pay of all commissioned officers in the service. of the United States at least 25 per cent. and raising the pay of privates at least $4 per month.

Mr. BRANHAM moved to amend by striking out all that part relating officers.

Mr. BROWN moved to table the amendment.

The motion was agreed to by yeas 65, nays 29.

The resolution was adopted by yeas 78 nays 15.

THE EMANCIPATION PROCLAMATION.

Mr. BURTON offered a joint resolution instructing our Senators and representatives in Congress to oppose by all honorable means the passage of every bill or proposition which endorses the President of the United States in his infamous abolition proclamation, and which may look directly or indirectly to its faithful execution.

Mr. HARNEY oppose the adoption of the resolution at present, as both parties would prefer to make a more mature and deliberate record. He favored its reference to the Committee on Federal Relations.

Mr. NOYES made that motion and it was agreed to by yeas 61, nays 35.

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IN SENATE.

FRIDAY, January 9, 1863.

Mr. WOLFE presented a memorial from W. H. Dill, claiming the seat of Mr. Dickinson for the Senatorial district composed of the counties of Noble, DeKalb and Stuben; and--

Mr. COBB presented the memorial of Alexander White, contesting the seat of Thomas M. Browne, of Randolph, which were read and referred to the Committee on Elections.

On motion by Mr. SHOULDERS, it was

Ordered, That each member of the Senate be furnished with three dollars in Postage Stamps.

THE SENATORIAL IMBROGLIO.

On motion by Mr. JOHNSTON--

The resolution of the House of Representatives inviting the Senate to a joint Convention at 2 o'clock p.m. this day, for the purpose of electing two United States Senators, was taken up,

Mr. BROWNE moved to concur in the resolution with an amendment fixing the time at 2 p.m. on Monday.

Mr. COBB moved to lay the amendment on the table, but no quorum voting--

On motion by Mr. JOHNSON, a call of the Senate was ordered and proceeded, and 31 Senators answered, as follows:

Messrs. Bradley, Browne, of Randolph, Brown, of Wells, Cobb, Davis, of Cass, Douglass, Downey, Dunning, Ferguson, Finch, Fuller, Gaff, Gifford, Graves,Hartley Hoagland, Hord, Jenkins,Johnston, Landers McClurg, Marshall, Moore, Murray, Ray, Shields, Shoulders, White, Williams, Wilson and Wolfe--31.

Mr. WOLFE moved that the absentees be sent for.

The motion was agreed to.

Mr. McCLURG moved to reconsider the vote ordering the doorkeeper to send for absentees.

Mr. MURRAY. I regret that party has been brought into this contest, at all. I do not believe that the Democracy are traitors to the government, but I do believe they are, as a party, just as patriotic as the Republican party; and I came here with the expectation of meeting Democrats as patriots. My friend from Shelby [Mr. Ray] has exceeded in his patriotic efforts in behalf of the Constitution; I give him credit for that, and I give credit to the Democratic party for the same patriotism. I could vote for the gentleman from Shelby were he nominated for United States Senator and I could vote for the President of the Senate [Mr. Dunning,] after hearing his speech upon taking the chair, just as I could vote for a republican; but there has been some doubts expressed about the patriotism of one of the candidates for United States Senator, and for the simple reason that he has made no Declaration in behalf of upholding the government in this war. He has not lent his conceded abilities in the effort to sustain the government in this trial of strength between the traitors of the south and the loyal people of the north; but I believe him patriotic, and shall until some act of his defines his position to the contrary in this matter. I hope the Democracy will show, upon this occasion, some disposition for conciliation and compromise, for I really think that if they do not there will be no proceedings--no election; nothing done this winter. Now in regard to the candidates, the Republican press expected these very men to be elected, and the people expected it; but it is seized upon as an opportunity to make you define your position upon other points.

Mr. HORD. These parties seem determined to bind the Democracy to carry out their purposes and their will irrespective of the wishes of the majority in this State. They seem disposed to compel us to pass the revenue bills, to thwart the will of the people, and drive us to measures, without coming and asking us upon equal terms; and I can say for one that I am unwilling to vote one dollar upon the revenue bills, or the military bill or any other bill, on any of the conditions they have annexed until we have elected our officers. We cannot be driven into measures, and I stand here in favor of bringing these parties into the Senate by the seargeant-at-arms. If they are determined upon revolution let it come, we are prepared to meet it. The Democratic party having a majority in this State--a majority in both Houses of the Legislature, let them stand to this question and not yield to the dictation of men who are in the minority here. It is no time for any wavering. It is our business as patriots to stand up to our duty. If we waive now they will continue these revolutionary measures during the session. If they are determined to break up the Legislature and prevent a quorum here let it be known to the people and let the people act up an it accordingly. I am for no half measures and I am opposed to re-reconsider the measure, adopted here requiring the doorkeeper to bring in these gentlemen who have proved delinquent to their duty.

Mr. WOLFE. If these gentlemen will show that the majority are attempting to interfere with the rights of citizens, I will say I am ready at any time to make to these gentlemen every assurances that their fears are idle upon this subject. They have conjured into their heads an erroneous idea when they think that the Democratic party is not as loyal to the government as they themselves are: and yet they ask us in advance of any action, that we shall come in and make to them a pledge, I, for one, will never page: 14[View Page 14]Switch to Image Mode CLOSE Page 14 consent to making any terms of that humiliating character. My programme is that we meet here day after day during the 61 days of this session and make every effort to bring these gentlemen up to their work, and if we cannot do it will not be our fault. It shall go out through-out the length and breadth of this great country, and even to the shores of Europe, that the union men of Indiana--God save the mark--that the union men, the only Union men of the State of Indiana, were the men that came here upon this floor and pursued such a policy as to revolutionize the State of Indiana. At the proper time I am willing to endorse the resolution of the Senator from Fayette [Mr. Claypool] upon this subject; and I think before we get through with this Assembly we will have a record that will be no reproach. But we are no more interested in legislation than they are--if they can get along without legislation we can. As far as their rebellion is concerned, they can get together in their king caucus and let them take their own course. If they fail to meet us on this floor for the purpose of legislation, and the legislation of the State is stopped, and great evil comes upon this people in consequence, who will undertake to charge that the men who sit here every day endeavoring to legislate, are responsible for the result? Let them take the responsibility and make their record and let it go out from day to day, through the papers and by telegraph that the Democratic party of the State are here in obedience to their sworn oaths, anxious to go on with legislation, but that the fault is in consequence of the non-attendance of union men of Indiana. I have at heart the interests of this country as much and more, I am satisfied, than any set of gentlemen that will so conduct themselves.

As far as the loyalty of the candidates we have presented for United States Senators is concerned I take it that their record is above reproach, and if gentlemen want to make a point in regard to that matter, and if the standing of our candidates is not a sufficient pledge of the course they intend to pursue, nothing we could say would make it more so. They stand upon their reputation as statesmen, patriots, and loyal citizens. I am in favor of this motion not being reconsidered for this reason: we must make an honest effort to bring these gentlemen in. And if they intend to come in they had better come in very soon because the longer they put it off the harder it will be to come back--

Mr. MURRAY (interposing) I would ask if the gentlemen speaks from experience. [Laughter.]

Mr. WOLFE. I have but little experience, and I am not in favor of following any precedent unless they are good ones, even the precedents set by my party friends. I am in favor of letting by-gones as far as that matter is concerned, be bygones. But I will say to those gentle-men who stand in opposition to us on this floor they need apprehend no danger that the Democratic party of Indiana will pursue any course that will compromise in any degree the interests of this great union, I take it for granted that the Democratic party is as true to the Union as the needle to the north pole, I might say upon this subject, sir,and only do it for the purpose of explaining my own position that I have made more speeches for the purpose of assisting the present administration in raising men and money for the prosecution of this war, than every single republican in the county of Harrison: and it is a known fact at home. I am willing to pass a proper resolution pledging the State of Indiana to a vigorous prosecution of the war for proper purposes, but not to pledge unconditionally the State of Indiana to prosecute this war for the liberation of negroes. And the reason I will not do it for that purpose is that I believe such policy is detrimental to the Union and is a disunion scheme. Everything I do, as far as federal relations are concerned shall be with an eye single to the restoration of the Union.

Mr. BROWNE, of Randolph. Mr. President: I am not here as an ambassador or minister plenipotentiary of the members of the republican party who I discover this morning, as I did yesterday afternoon, are absent from their seats in the Senate; and I do not propose to discuss that matter, although I know some of the reasons why they are not present in the Senate Chamber at this time.

I can say to you and to the Senate that I came here hoping to see a harmonious session of the General Assembly, that the Legislature would proceed promptly with its legitimate business, and that nothing would be done by either party to embarrass a proper action upon the part of the people's representatives. I was very much pleased with the harmony which characterized the organization of the Senate, and I was pleased with the patriotic address delivered by the President of the Senate [Mr. Dunning.] upon assuming his duties as the presiding officer. Our republican friends had hoped that this harmony would continue to characterize the deliberations of this body. They regret, as I regret, the apparent necessity of following an exceedingly bad precedent that gentlemen have established until it has almost run so long that the memory of man runneth not to the contrary. I doubt very much whether any Senator can conscientiously absent him- page: 015[View Page 015]Switch to Image Mode CLOSE Page 015 self from the legislative body for the purpose of embarrassing the action of the people's representatives. I think the representatives of the people, for the purposes of legislation, are the people themselves; and if you attempt to force them to legislate contrary to their con vic ions you strike at the foundation of republican institutions itself.

But, gentlemen, don't tell me, if you please, that you have only sought to inaugurate this policy in trying times and when public liberty is at stake. I remember to the contrary. There are Senators around me who know this to be true, that in 1855 you refused to elect United States Senators by inaugurating this same system of revolution, and that too when there was but a bare Democratic majority of one in this Senate; and Indiana was not represented in the Senate of the United States in consequence of that action. I do not say these things in a spirit of recrimination, sir, but you remember, in 1857, when Hugh Miller was in his seat and Kline G. Shryock was contesting it, alter the papers in the case had been referred to the Committee on the Judiciary, and after that Committee had reported it back for the consideration of this Senate, every time the majority attempted to bring you to a vote upon that question you broke a quorum. And you remember further, that upon the last night of the session you dictated to my republican friends and told them that they should not pass the general nor special appropriation bills until they agreed to pass over this contested election case, and my friends c me down upon their knees and permitted you to put the collar upon their necks and let you call them your dogs, to come when you whistled. And in 1861, when certain measures were about to be passed, you retired, and when we sent our doorkeeper to politely ask you to come in, you politely told him he could go to--a warmer climate than this. [Laughter.] Finally you sat down and wrote out written propositions embodying the terms upon which you would come in, and my republican friends, acting conservatively or because they could not help it--I am rather inclined to think it was because they could not help it--granted the conditions you named, and you returned to your places and permitted legislation to proceed.

But because you inaugurated a system of revolution it don't justify my republican friends in following it, I believe in a higher law of individual responsibility. I am here for the purpose of discharging an honest duty to my constituents and to the country, as I understand it, and I shall do that without regard to party caucuses or party dictation. The Republican party have not succeeded in their elections for the very reason that they have refused to entertain the idea of the immaculate conception of the party. Whenever we conclude that our party can do no wrong we can then accomplish our purpose.

But what are the circumstances by which we are surrounded? I think I understand a little more of the purposes of my Republican friends than some gentle-, men upon the floor. It is said we want to prevent the election of United States Senators. Gentlemen, let me say the people of Indiana expected this Legislature to elect United States Senators and public feeling indicated very certainly that Thomas A. Hendricks would be the man elected for the long term. My Republican friends expected it But it wan somewhat doubtful who would be sent for the short term. It was thought by many that you would put Jesse D. Bright in. [Voices--"No," ''No."] My Republican friends said to me, Let them do that thing-- that is just what we want them to do-- we will bring the action of the party for endorsement before the people; we will meet them there. There is where these questions ought to be met. I know my friend from Putnam [Mr. Johnston] would be glad to have it put in this shape. We got Democrats so anxious on that question that in the contest in my county they pledged themselves, as far as the election of United States Senator was concerned, that that patriot martyr should not be elected.

The Constitution of this State makes it the duty of this Legislature to elect United States Senators, and my Republican friends do not propose to shrink from it.-- Something has been said about this election. Gentlemen, I am--

Mr. LANDERS (interrupting.) Didn't I understand the gentleman to say that Ms friends were bolting because the Democrats refused to nominate Jesse D. Bright?

Mr. BROWNE. I don't know what the gentleman understood me to say. But, Mr. President, inasmuch as you have to nominate an objectionable man, I regret you did not make choice of the must objectionable one you had. I practice upon the rule that when I cannot get you to do a decent thing, I want you to do the very meanest thing you can. But you have disappointed me in doing it a little more decently this time than I had expected.

But I was about to say something concerning the question of loyally, when the gentleman interrupted me. The heart of Indiana is loyal. It's every pulsation is true to the Union of these States. Demagogues and politicians only, affix conditions to their fealty. I have always entertained this idea, but believe you differ in the peculiar manifestation of that principle. You think that the Union ought page: 16[View Page 16]Switch to Image Mode CLOSE Page 16 to be maintained within the limits of the Constitution. And I believe, as I believe I have to answer to God, that the war ought to be prosecuted for no other purpose than to maintain the perpetuity of the Constitution and the integrity of the Union as it was. [Applause on the floor and in the galleries.] But you and I differ when we come to define what is within the meaning of the Constitution--what will constitute the "Union as it was."-- You believe it is in violation of that instrument to deprive rebel masters of their slaves and you believe that the President's proclamation is not a legitimate war measure. I believe as much as I believe any other thing, that by the same power you deprive the rebel of his gun, with which he shoots down loyal, Union soldiers, by that same power we must strike down the relation which exists between him and his slave. But gentlemen say it can't be done. I suppose, Mr. President you will tolerate the widest discussion upon this point. You say the Constitution of the United States recognizes the institution of slavery and we have no right to interfere with that institution in the States. If I apprehend the position we assume, we don't propose to destroy the law by which slavery is recognized in any State, but simply propose to deprive the rebel of his slave, leaving the right as it is, so that whenever the Union is restored he may return as to the local law, to the same position he held previous to the commencement of hostilities. The Constitution guarantees the right of life, and yet you and the Senator from Lawrence [Mr. Cobb] have sent bayonets and muskets to destroy their lives--and why? because they are in rebellion against the Constitution of the United States, Let me ask you if the negro is to be held more sacred than the life or liberty of white men? and yet you make slavery more sacred than the right of life and liberty to the white rebel. I never thought a negro was better than a white man, and I am an ultra Republican in politics. Thomas A. Hendricks is a loyal man of that conditional school that don't come up to my ideas of what a loyal man should be, but you may elect him as far as I am concerned. I would avert the calamity, if I could do so by legal and Constitutional means. He is nominated--you have the power to elect, you are willing to assume the responsibility; do so, and I shall hold you answerable to that high tribunal, public opinion.

These are stirring times in which we have fallen, and we have simply sought to enforce what is a very common method of legislation. If these gentlemen were elected to the United States Senate, it would be perfectly competent for this body to instruct them in reference to the prosecution of this great war. We simply propose to give them this instruction in advance. We ask to do what you Democrats always do; We ask to make a platform upon which we propose to elect men to the Senate of the United States We intend to make it out of good timber, and if they fall through, it shall not be our fault. As a distinguished politician in the fifth district, says, "if they don't stand on it we will use the timber to beat-out their political brains." I say we don't ask gentlemen to humiliate themselves--we ask you to meet us in the spirit of conciliation. We are willing to meet you in that spirit of conciliation that ought to characterise men who are attempting to rise to the dignity of statesmen. We are willing to meet and confer with you in the spirit of kindness--we will state our fears and you can give us your assurances.

Mr. COBB (interposing,) You can meet us here.

Mr. BROWNE. We do not know but you may have an infernal machine a political magazine and a slow match under the State House with which you want to blow us up after you get us in here. But ii you will give us your pledge, we will take it, and trust to your honesty. I remember that the gentlemen from Lawrence [Mr. Cobb,] yesterday told us kindly, but in such a spirit that we believed he meant what he said, "You gentlemen had your feet upon our necks last session, and we have ours upon yours this session." We took it, that the Senator from Lawrence meant what he said, and we come back this morning and say to him. "We won't let you do as you please. You mistake the men with whom you deal. We will not remain in this Senate except as the peers of the Senator from Lawrence and every other Senator."

Mr. LANDERS assured the friends of the gentlemen who had just sat down that the Democracy did not intend to blow them up with a slow match; that was not their way of doing business. The nigger was blowing up that party fast enough. [Laughter.]

Mr. WHITE, I suppose as there are but two Republican Union men in their seats, it will be thought that we are sent here for a certain purpose; but I will-state that I am here to-day because in 1860 I was elected to serve in this Senate. I am not here for the purpose of spying out what you are doing, or anything of that kind. I am opposed to bolting--I am pledged against bolting--and it would have to be under the most extraordinary circumstances if I should bolt--it would be when the price of liberty is at stake. The contingency of the election of United States Senators never shall control my actions for one moment. As far as the people of my district are con- page: 17[View Page 17]Switch to Image Mode CLOSE Page 17 cerned, we fought you, and fought you nobly, last October, to see who should have the United States Senatorship, and we failed. The people I represent, both Republicans, Democrats and Union men--there are some union Democrats in our county--expected Thomas A. Hendricks to be the man; although he might not get the vote of my county as represented by the Democratic members--Judge McDonald being named in that connection and he having been an old and respected citizen of that county. As to who should be the United States Senator for the forty days ensuing, I had no hesitation in saying that David Turpie was the man; having run in his district for the good of the party, and with no expectation that he would be elected. When I voted yesterday for the adoption of the resolution of the Senator from Fayette [Mr. Claypool] I supposed there could be no difference in opinion in regard to it; and at the extra session I am sure it would have been unanimously adopted by the Senate.

Mr. JOHNSTON. Does the Senator say that the war is prosecuted now for the same avowed purpose it was prosecuted for at the time the extra session was in progress?

Mr. WHITE. I may be carrying the question back to tender-ground but I ask, is there a gentleman here who understands that this resolution goes further than what was understood at the extra session, we were to go to suppress the rebellion?

Mr. COBB. I will state I am one that does. If the Senator will permit me I will give a single reason. At the special session a proclamation had been issued by the President of the United States defining the policy to be adopted in the prosecution of the war. Since that time sir, that policy has been changed.

Mr. WHITE. What is changed?

Mr. COBB. The war policy of the administration, sir. For an interpretation of the resolution referred to by the Senator I take the public sentiment of the Republican party. I undertake to say the sentiment of that party to-day is that the war must be prosecuted for the suppression of the rebellion without regard to constitutional limits. The construction is clear that this resolution was intended to commit my friends in this Senate to a policy that in my opinion ought never to have been adopted by the party in power, I refer to the late proclamation of the President of the United States issued the 22d of September; the record of Congress in voting tor the abolition of slavery in the District of Columbia, the confiscation act, and other matters of record claimed as war measures.

Mr. WHITE (resuming.) So the gentleman interprets that as being the cause why his friends will not support this resolution. So far as the Abolition of slavery in the District of Columbia is concerned, I have never treated that of any significance, but if the Republican party has erred in abolishing slavery in the District of Columbia what harm to this republic so far has accrued by that error? But I did not get, up for the purpose of going into a general speech or of replying to anything that has been said here; but I may say further that whatever the action of members here may be I am not authorized to speak. I never sought such authority and don't ask it. I am opposed to bolting and I have no particular right to know upon what ground they will return. But sir. I will return to when my friend from Lawrence [Mr. Cobb,] diverted my attention. I wish to ask what there is in this resolution that; any gentleman cannot endorse? There are but two plain propositions in it. Are you not in favor of a vigorous prosecution of the war? Are you in favor of a separation of any State from this Union? If you are you can show your hands plainly.

Mr. WOLFE. I believe there was no gentleman who spoke in reference to the resolution introduced by the Senator from Fayette [Mr. Claypool] who objected to a vigorous prosecution of the war. I think the gentleman must know the fact to be that the objection to the resolution was in regard to its peculiar phraseology, It was not full enough; it ought to have included matters that were not in it.

Mr. WHITE. I am not vain enough of my ability to suppose that I can place the Democratic party in a false position, but I may be indulged in saying that I suppose they wanted to go further and make a hit at abolitionists. Well sir, if the abolitionists are opposed to the prosecution of this war for the suppression of rebellion I pledge myself in perpetual hostility to abolitionists. As to the party properly called Abolitionists--they who have been in favor from time immemorial of interfering with slavery in the slave States--those one idea men who never had a thought except about the doctrine of abolitionism--I never have sympathized with them for one moment; but sir, if the abolition of slavery in the District of Columbia will tend to the suppression of this rebellion, then I endorse that. If the proclamation of the President of the Unites States dated the first of January will tend to suppress the rebellion, then I endorse that proclamation.

Mr. COBB (interposing,) If the suspension of the writ of habeas corpus will put down the rebellion are you in favor of it?

Mr. WHITE. I am in favor of anything within the reach of loyalty to the Con- page: 18[View Page 18]Switch to Image Mode CLOSE Page 18 stitution to suppress this rebellion. There are times when Constitutional barriers must be got over.

Mr. COBB (interposing.) Are you in favor of breaking down the Constitution for the purpose of suppressing this rebellion?

Mr. WHITE. I am in favor of suppressing this rebellion at every hazard.

Mr. COBB (in his seat.) That is your resolution too.

Mr. WHITE. I do not understand it so. I will repeat that I am in favor of suppressing this unholy rebellion at every sacrifice at every cost, I care not what it is

A VOICE--"Sacrifice the liberties-of the people?"

Mr. WHITE responded "No Sir," and then briefly referred to threats made in the Congress of the United States that there are States in this Union to be left out in the cold.

Mr. DUNNING [Mr. Williams in the chair.] Those acquainted with my course, know that I follow no man and I will not suffer the remarks of the gentleman from Montgomery [Mr. White] to go unanswered. Such a sentiment the Democratic party never uttered and such a sentiment I would spurn.

Mr. WHITE. I am glad to hear this come from the source it does. I would no more let South Carolina go out of this Union than I would let Massachusetts--I would no more let California than I would let Indiana go out. No State is to be severed from this glorious Union as far as I am concerned. Therefore I say if this resolution does not go far enough, if it does not denounce the Abolitionist far enough, make your resolution as broad as you can, as deep as you can, as denunciatory of them as you please, and I stand ready to vote for the resolution with you. I do not care where my vote falls so it gives a moral effect conducive to restore the Union and suppress the rebellion--I do not care it is with you or my Republican friends. I repeat, my vote shall go in denunciation of any party which is against the suppression of this rebellion.

[Mr. White concluded his remarks by attempting to show that, the President of the United States opposed to introduction of Abolitionism into the conduct of the war.]

AFTERNOON SESSION.

Mr. McClurg. I discover from the empty seats that the Republican members have not come in. I am aware of the fact that it is within the power of the minority to defeat the will of the majority: and I am satisfied they are prepared at all hazards to carry it out and we are assured it is their intention to do so. If there is any one thing more calamitous in its consequence than another it is rebellion and anarchy, and I regard it as the first duty of loyal citizens to take such a course as will avoid it. Patriotic hearts all over this land are watching with interest every motion of the body, and they demand us conservative Democrats to do all within the power of a sovereign State to bring about that word which would be so sweet to their ears, known in times past "peace." There never has been a legislature in Indiana since its organization, to whose action the citizens of the State look with so much interest. He recapitulated the action of the Republican party at the extra session, and reviewed the course pursued by the Executive in the appointment of Peace Commissioners. The people now look with intense anxiety to the action of the Legislature, and he eloquently pictured the arden desire of the masses of the people, shrouded in mourning as many of them were, for some hope of some time hearing that sweet word peace. The Democratic party could afford to let by-gones be by-gones and indulge in no factious spirit. The untrammelled freemen of the State have re-sorted to the ballot box and we have been endorsed, and what covers a multitude of wrongs that have been inflicted upon us. We can afford to be generous and can to-day grant the boon the factious members on the other side demand of us. If they demand to know what we propose to do, in advance, we can tell them we propose to do what the Democracy have done since the days of Thomas Jefferson--we will mete out the greatest good to the greatest number. However obnoxious the laws which may be passed by the government of the United States, we will not violate them. We propose to say to them, that we will not violate the Constitution of the United States. We will do all in our power to legitimately conduct this war for the purpose of bringing it to an honorable close, whether by compromise, or treaty or a vigorous prosecution. We will not violate the liberties of the citizen, the law of Congress or the Constitution--of all these things we can assure them. We can assure them, too, that we will elect a United States Senator for the long and the short term--men who are the embodyment of the political truth and political veracity--Thomas A. Hendricks and David Turpie--and when they take upon themselves that proud position, the liberties of the people will not be infringed. the Constitution of the United States will be revered and all that can be done will be done to avert the calamities that now hang over us. We can afford, I say, in the abundance of our success to proclaim to them in broad light--as plain as the noon day sun--that which we propose to do. When that is done if they still continue page: 19[View Page 19]Switch to Image Mode CLOSE Page 19 factious, and treat with little regard the solemn oath they took one day ago, let the consequences be upon them and not upon us; but I appeal to Senators not to allow resentment, which is in every breast, to influence their acts, and when our country is groaning as it were in the agonies of death, not to allow personal considerations to step in and induce them to commit an act they would hereafter regret.

A message was received from the House of Representatives requesting Senators to repair to the Hall of the House to hear the Message of his Excellency the Governor.

The PRESIDENT. By consent of the Senate I will direct a call of the roll of Senators for the purpose of seeing whether there is a quorum present or not; and whether the Republican Senators will come in, and go with us to hear the Governor deliver his message to the General Assembly.

Mr. BROWNE, of Randolph. I do not think they want to hear it, sir. [Laughter.]

The roll was called and but 30 Senators answered to their names.

Mr. WILLIAMS. I see some Senators talk excitedly. I have been here long enough to take it coolly. I am satisfied that some time or other our friends will come in. Let us. go along for a day or two at least. I will say to them if they will come in and go down to the House to hear the message we can go without doing them any harm. We have joint rules that prohibit us from doing any thing in Joint Convention but the very business we assemble for. If we assemble for the purpose of hearing the Governor's Message there will be no danger of electing United States Senators. Without any authority I will pledge that the Democratic party will do that, then I think they might come in and hear the Governor's message.

Mr. BROWNE, of Randolph. I would take the word of the gentleman from Knox, [Mr. Williams,] as soon as any other man, but I do not know where the absent members are, and if I were to go out after them I am afraid that other man from Randolph county would come in and take my seat. [Laughter.]

The PRESIDENT. As far as the President of this Senate is concerned I have always been opposed to revolution. I had rather submit to a hardship for a time and rely upon the people at the ballot box to correct it, than to revolutionize. I would scorn to take advantage of the visit of Senators to the Hall of the House to go into an election of United States Senators. No such act should be done. with my sanction.

Mr. COBB. I have no disposition to enter into this discussion, but I will ask why these vacant seats around us? Has the majority attempted to force upon the minority any action they have no right to have? I tell you, in a time like this, there is a terrible responsibility resting upon the heads of this minority if they intend to thwart the will of the people of the State of Indiana. Is there any reason for this action? I tell you there is none. Now sir, what course should we pursue? Should we bow in submission to these gentlemen who are so dignified that they will not come into the Senate? I can say frankly, for one. that I shall not let them dictate terms to us. I want to tell the Senator across the way [Mr. White] that I will hold up the Constitution as a beacon light and I ask him to follow it.

Mr. WHITE (interrupting.) I will. I suppose it would be Constitutional to suppress the rebellion. I cannot conceive of any Union without the Constitution, and when I spoke of that I meant the restoration of the Union under the Constitution. Gentlemen talk a great deal about the Constitution as it is and the Union as it was. I am that kind of a man. I want the same Constitution our fathers made without the crossing of a t or the dotting of an i. If in the debate this morning gentlemen may have misunderstood me. I wish to make this correction.

Mr. COBB. The Senator is much more Constitutional than I thought he was.-- The Senator's assertion was very broad this morning. He now defines himself much better and more in accordance with my feelings upon this subject. But does not the Senator know that when this war commenced the Crittenden resolution embodied the sentiments of the people and the sentiments of his party, because that resolution was voted for by every Republican Congressman except two: and when Mr. Lincoln defined his position did'nt he tall us that he had no power under the Constitution to abolish slavery or to interfere with it? Did he not tell our ministers abroad that he had no Constitutional right to do it? And did not Mr. Seward tell our foreign ministers that when this war closed whether it closed in a reunity or disintegration, that the condition of every slave in the southern States would be the same as before the rebellion begun? Why, sir, how has that party changed its policy? What is the sentiment now? Why, it is to prosecute this war for the purpose of abolishing slavery. The late proclamation of the President of the United States is clear upon that subject, and is it not in violation of his pledges? I speak in no disrespectful terms; but when the President has placed himself upon the record I have a right to discuss the merits and demerits of his course, and no man has more nerve to do it than I have. My voice in my county led on as many soldiers and as brave ones as that of any man in the State; and I will say that when my friends came to me and in page: 20[View Page 20]Switch to Image Mode CLOSE Page 20 sisted, on every occasion when they made up companies, that I should come forth and make speeches for them, I did it with the understanding that the Constitution of my country should be strictly adhered to. I will permit no man to go farther than I will in the prosecution of this war for the purpose of suppressing the rebellion under the Constitution.

Mr. WHITE (interrupting.) Are you in favor of amending the Constitution?

Mr. COBB. I will discuss living issues The gentleman will not find me always adhering to things that may be wrong.

Mr. WHITE. I am always going to ad here to the Constitution. The truth of it is that I am so planted and grounded upon the Constitution that I never think of qualifying myself.

Mr. COBB. When the Senator will present his question in a shape that will make it apply to this rebellion, I can give him an answer. But there are living issues to talk about now. Then, sir, I will get back to the point; and I don't know how far I have strayed away. My course is marked out, sir. I will make no compromise with these gentlemen until they convince me I have done wrong. What right have they to come in here and say that we will disturb the military arm of the State of Indiana? Have we moved in that direction? When that question comes up they can act, and it is their duty to stand here until then. They have no right to come in here and compel us to place our signatures to a writing binding us not to do certain things, and for one I never will do it.

Mr. MURRAY (interrupting.) Did you have any more right to ask that two years ago than these gentlemen have now?

Mr. COBB. I waited until action was had by the gentleman's party. But I ask if there is any similarity between the two cases? Here is something to be acted upon in the future, but then action had been taken. It was well understood that the Senator from Elkhart [Mr. Murray] was the only man who had nerve to stand out against his party on. that occasion. and I say with pleasure that he acted the part of a patriot. We looked upon him as a conservative man. But the argument against our action two years ago is an argument against these gentlemen now. There are certain acts in the history of legislation that may be resisted by revolution in that way, but I think the Senators upon the other side were convinced that we acted justly and therefore they conceded what we asked upon that occasion. But suppose we had not, our action then was different from the action of this minority now, as I have before shown, and I am content to let them keep the responsibility upon their own shoulders.

Mr. MURRAY. I shall give my humble efforts to bring about a compromise between these conflicting parties to this controversy. I am not here as the mouth piece of the absent Senators--I am here against their wishes-- probably against their consent, sir. Assuming the prerogative of a Senator upon this floor I reserve the right to perform my duties as I see proper, and no party shall control my action where my conscience is in controversy. As I understand the grounds of compromise, I shall urge them from time to time, in order that we may get a quorum present. They ask a declaration of principles from the majority on this floor. Is there any thing wrong in that? When these gentlemen refused to vote for a simple resolution of support to this government the minority thought they saw a justification of their conduct. The Senator [Mr. Cobb] excuses his action by saying he could not vote for the resolution without amendment. Why did he not offer his amendment putting the word "Constitution" in it? I would have voted for it. And I would have voted for a more vigorous prosecution of the war.-- And let me tell democratic Senators that it was for the want of a more vigorous prosecution of the war that you hold a majority here instead of being in the minority." That I believe to be God's Truth. As a republican from the commencement to the present time, I have been dissatisfied with the progress of this war, and the people have been dissatisfied. I speak the words of soberness and truth, sir. I know the sentiments of the people upon that subject, sir. I live among the masses and attend all their local meetings, and permit me to say there are but two republicans living in the school district in which I reside, and I am one of them, sir. I am surrounded by democrats such as would not vote for me though a near neighbor.

Mr. LANDERS (interrupting.) If the Democratic party is loyal, why offer these resolutions?

Mr. MURRAY. I say there is a suspicion abroad in regard to the leaders of the Democratic party, that their ultimate object is, sir, to take the North Western States from the present Union, urge the independence of the South and attach them to it.

Mr. LANDERS. I say that charge is not true.

Mr. MURRAY. I do not believe a word of it. But as affording a ground work for suspicion I will ask if your party is not voting in concert with Vallandigham of Ohio? Is he not a leader of the Democratic party upon the floor of Congress?--Yes sir. And he has absolutely offered a resolution to dismember this government.

Mr. COBB (interrupting.) I think the gentleman is mistaken on this subject.

Mr. MURRAY. He did offer a resolution, sir, to cut up this government into two or three Republics.

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Mr. COBB. I have not seen it.

Mr. MURRAY. Who are your distinguished Readers in New York? At the first breaking out of this rebellion the Democracy of New York boldly recommended the dismemberment of this government the secession of the city of New York and the setting of it up as a little kingdom by itself. But let me come nearer home, and see if this suspicion is not well grounded. I find upon my table in yesterday morning' Sentinel a correspondence between Democratic Senators upon this floor and Jesse D. Bright, soliciting him to run as one of their candidates; and what does he say in regard to this war? Let me read it:

I have never believed that war was any remedy for existing differences between the two sections.-- As your agent in the councils of the country, I was opposed to all legislative acts in aid of this war, and if you were to offer me a seat in the Senate again, and I were to accept it, I would not during my stay there, contribute in any form to the support or encouragement of the in human crusade that those in power are waging, under the late proclamation of the President of the United States, against those who are "bone of my bone, and flesh of my flesh." On the contrary, I am for peace, peace, peace. I am now, as I have been from the hour of this inhuman, unnatural and anti-Christian war was inaugurated, in favor of a cessation of hostilities to the end that compromise might again, (as it has in times past,) perform its peaceful offices.

There is a declaration from a gentleman that honorable senators on this floor have solicited to become their candidate for Senator of the United States. Now may there not be some ground work for this suspicion? And the distinguished gentleman nominated for the long term, what has been his record? Where has been the effort of this distinguished candidate in aiding the government in this death struggle with traitors? Has he made one solitary speech in behalf of his country? In the name of God, if he has, produce the record here to-day. Has he brought to the assistance of this country the vigor of the talents he enjoys in a preeminent degree ? If he has, where is his record, sir?

Mr. RAY (interposing) I refer you to a letter of his in the Sentinel, early in the Extra Session of the Legislature of 1862a letter which was called out by the circumstances of the country, and perhaps the appeal of his friends.

Mr. MURRAY. I am glad if there is a little letter somewhere, where that gentleman has made a scratch in favor of this war. I say he should have stood by the honorable Senator from Shelby [Mr. Ray] the President of this Senate [Mr. Dunning] and other gentlemen who have contributed to this war, I am in favor of the Constitution without any amendment whatever, and I do not like such talk as being for the Constitution with an "if" and an "and."

Mr. COBB (in his seat.) I say so, too.

Mr MURRAY. It sounds like the talk of those hellians attempting to crush out the government. By these expressions and these acts of the leaders of your party there is given grounds for suspicion on the part of Union men that there are certain leading men in the north conniving in this rebellion and desiring the acknowment of southern independence--

Mr. COBB (interrupting.) Does the gentleman believe there is a Democratic Senator here who entertains any such sentiments?

Mr. MURRAY. No Sir.

Mr. COBB. Then where is your reason for justifying such suspicions?

Mr. MURRAY. I am giving them, God bless you! [Laughter.]

Mr. DUNNING (soto voce.) The Senator is making an argument for his friends and not for himself. [Renewed laughter.]

Mr. MURRAY. Yes, sir.

Mr. LANDERS (interrupting.) Do you not believe that the action of your Republican friends in revolutionizing this Senate is for the purpose of making political capital?

Mr. MURRAY. In my opinion it is the very poorest possible course to manufacture political capital. I do not think they are such fools as to have that idea. Mr. M. continued at some length, his remarks having especial reference to the Emancipation Proclamation.

Mr. SHIELDS. Gentlemen all state that the people expected before we convened here the election of Thomas A. Hendricks to the United States Senate, but that gentle man's course has been such they cannot suffer him to be elected.-- Now, if you are determined to break a quorum, there is no Democrat in the Legislature but will, if you will do the same, lay down his resignation and go home to the people. [VOICES--'I will," "I will."] To call on us for a record the second day of the session! Was there any such thing ever done before?

Mr. MURRAY. Who ever heard of an election on the second day?

Mr. SHIELDS. There is a necessity for it. A man represents us in the United States Senate who has no right to.

Mr. MURRAY. Is he not a Democrat?

Mr. SHIELDS. No, sir. No more than the devil is an angel. [Laughter.] The people all over the State expected Hendricks and Turpie elected; and when the people want anything it must be done in this country.

GOVERNOR'S MESSAGE.

The regular biennial message of the Governor to the General Assembly was now announced and placed on the Secretary's table, hand of Wm. R. Holloway--his Excellency's Private Secretary.

His Excellency's Message (coming in Irregularly) was never formally read in the page: 22[View Page 22]Switch to Image Mode CLOSE Page 22 Senate. The document rehearses Governor Morton's external military administration for the past two years, under appropriate heads. Only that portion which relates to his internal administration is repeated here:

SOLDIERS' FAMILIES.

Notwithstanding all that was being done by public and private benevolence, toward supporting the families of soldiers, he evidence came to me from every part of the State, that many families were destitute, and that great suffering must ensue during this winter, unless active steps were taken to raise contributions and provide for the needy.

Accordingly, I issued an appeal to the people of the State, a copy of which is herewith filed, stating the necessity, and calling upon all who were able to contribute of their means. I am gratified to be able to report, that a very generous response has been made to the appeal, that active measures have been initiated in many counties in the State to relieve the necessities, and provide for the comfort of the families of our soldiers who have abandoned home and all its endearments to fight the battles of our-country. The clergy of the State were especially called upon to engage in the work of visitation and collecting contributions, and have, as I am informed generally responded with zeal and energy.

It is, however, manifest that all efforts will fall short of meeting the necessities of the case, and that Legislative aid will be required.

The circumstances by which we are surrounded are novel and extraordinary, and should be met by prompt and extra-ordinary measures.

I therefore earnestly invite the early and favorable consideration of this subject by the Legislature.

LEGION.

At the extra session of the Legislature a militia law was passed, providing for the organization of the Indiana Legion.

Although this law was defective in many respects, and should be amended, yet it provided the frame-work of an organization which has rendered most valuable service during the war. To the officers and men of the Indiana Legion, the State chiefly owes the immunity she has enjoyed from invasion, plunder and murder, by the guerrilla and marauding bands which infested many of the adjoining counties in Kentucky. Not only so, their aid and protection has been cheerfully and successfully extended to the loyal citizens of Kentucky when it has been called for. On several occasions they met the enemy in battle, when they ably maintained the credit of the State, and behaved with that distinguished courage which has characterized the soldiers of Indiana throughout this war. Some have fallen in battle, and I earnestly recommend that their families be provided for, and placed on a footing at least equal to the families of those who fall in the Federal service. They also rendered prompt and efficient service in guarding rebel prisoners when the Federal forces performing that duty were called into the field. Although the organization and operation of the Legion has been chiefly confined to the counties bordering on the Ohio river, yet much has been done in some of the interior counties, and among them I would especially notice the counties of Jennings, Decatur, Shelby, Tippecanoe, Putnam, Parke and Vigo. The response which was made from these counties, on sudden calls for military force, was of the most energetic and satisfactory character. For a full account of the operations of the Legion, I refer you to the able and interesting report of Major General Love. Your attention is also specially called to the recommendations contained in his report relative to the amendment of the Militia law. It is very important that provision be made presenting inducements to join the Legion, by proper exemptions and payment conferring the authority and pointing out the manner, by which the members of companies shall be compelled to attend meeting for drill and response to call for service. Such authority is doubtless contained in the law now, but its mode of exercise is not determined. The Legislature appropriated, for the support of the Legion, $70,000 for the year 1861, and $70,000 for the year 1862. As will appear from the Auditor's report, only the sum of $7,352 23 has been expended on these appropriations up to 31st day of October last. The distribution of the Fund among the counties and regiments, as required by the act was never made by the Adjutant General, because of insuperable difficulties growing out of defects in the law, and the organization of the companies. I trust the legislature will make prompt provision for the payment of all claims growing out of the operations of the Legion and for the proper distribution of the Fund.

Strongly impressed how much the peace and security of the State depend on the efficiency of the Legion in the month October, I summoned the officers to this city to receive military instruction in a school temporarily organized and conducted by Maj. Gen. Love. Some 400 gentlemen were in attendance, and the spirit and devotion manifested by them, and their progress in military knowledge, were of the most encouraging and satisfactory character.

PROCLAMATION CALLING OUT OF THE MILITIA.

At the same time of the invasion of Kentucky by Kirby Smith, the guerrillas infested page: 23[View Page 23]Switch to Image Mode CLOSE Page 23 the Kentucky side of the Ohio river, from Lawrenceburg to Mount Vernon, and at several points large bodies of rebel cavalry were assembled, and seemed to be awaiting an opportunity to cross the river and invade the State. The river was very low; in many places fordable, end much alarm prevailed in our border counties.

Accordingly, I issued a proclamation, of which a copy is herewith filed, requiring all the able-bodied men, subject to military service, between the ages of 18 and 45 in the counties bordering on the Ohio river, to assemble at stated periods with whatever arms they could command, to organize themselves into companies--and be instructed in military tactics. This proclamation was very generally acquiesced in, and carried into execution by the people and was continued as long as the emergency seemed to require. The preparation thus made, in connection with the Legion, for repelling and punishing invasion, deterred the guerrilla and marauding parties who were plundering and murdering the Union men on the other side of the river, and protected the lives and property of our citizen.

ADJUTANT GENERAL.

I lay before you the able and interesting report of Adjutant General Noble.

It contains a brief history of the operations of the State in furnishing troops for the prosecution of the war and much more valuable information. I have instructed him to prepare another report, to contain the name of evey officer and private soldier who has entered the army from Indiana, with the number of the regiment, company or battery to which he belonged. Such a report would be invaluable hereafter as a work of history.

STATE AGENCY.

The report of Hon. R. N. Hudson, the Agent of State, is herewith laid before you, and your attention invited to the recommendations contained in it , to change the form of indebtedness, by substituting coupon bonds for certificates of stock, and abolish the office of Agent of State, us at present organized. By the terms of the compromise with the bondholders, made in 1846, the State is required to keep an office in New York for the transfer of our stocks and the payment of the interest, on them. But this agreement can be complied with fully by selecting some responsible bank, in such manner as mar be determined upon by the Legislature, to perform the duties that are now devolved upon the Agent of State. Under the present system the risk attending the solvency of a bank has to be incurred, for the Agent, having no means of safe keeping the money remitted to him by the Treasurer of State, deposits it in bank,and in payment of interest to the holders of our stocks gives his checks upon the banks.

So much of the business therefore, being necessarily done through the bank, I am of the opinion that the rest of it could be devolved upon the bank, with increased safety and economy to the State.

In 1846 the State of Indiana made an adjustment with her creditors, under which the former State Bonds were to be surrendered and cancelled upon certain conditions, and new stocks issued in exchange. Out of this adjustment sprung the Indiana Five per cent. Stocks, as known in the New York market.

One of the conditions of the adjustment was, that the State should establish an agency in the City of New York for the transfer of these stocks and the payment of the interest upon them.

By express enactment of the Legislature, it was provided that these new certificates of stocks should be transferable only at the agency in the city of New York, on books provided for that purpose. When stock was transferred the old certificate was taken up and cancelled, and a new one issued, made payable to the person to whom the transfer was made. These certificates were not payable to bearer, did not pass by delivery from hand to hand, and were not negotiable in the sense of the law merchant. It was expressly intended they should not be. At and before the time of the adjustment spoken of it was claimed by the State that numbers of her bonds, which had been deposited in New York, or hypothecated for small sums of money, and for which the State had received little or no consideration, had been improperly and fraudulently put into circulation. But as they were genuine, made payable to bearer, and the property in them passed by mere delivery, she could not do otherwise than recognize them as valid obligations. These circumstances led to the peculiar provisions in regard to the new stocks. To carry out the new arrangement, printed forms of the certificates of stocks, signed by the Auditor and Treasurer of the State of Indiana, were deposited with the State Agent, in the City of New York, to be by him countersigned and filled up as to dates, amounts, names of parties, and registered in books provided by the State for that purpose, it is not improper to state here that this form and mode of transfer, before being enacted into a law, was submitted to and met the approval of Charles Butler, Esq , the agent and representative of the bondholders, at the time of the adjustment | referred to, as I am informed and believe. Fears were entertained however, that by the fraud or connivance of the State Agent, false certificates, might be issued and frauds perpetrated. Accordingly. the State Legislature, by an act which page: 24[View Page 24]Switch to Image Mode CLOSE Page 24 took effect on the 11th day of March, 1859, changed the mode and place of issue of certificates of stock.

By this act it was provided, that thereafter no certificates of stock should be issued by the Agent of State, but that on the presentation to him of certificates of transfer, he should receipt for them, and immediately transmit them to the Auditor of State, at Indianapolis; that the Auditor should cancel them and file them in his office, for preservation and reference, and issue, in the name of the person to whom the transfer was to be made, new certificates of stock, to be signed by him and the Treasurer of State, and after registering them in a book to be provided by the Auditor for that purpose, send them to the Agent of State, to be by him registered and delivered by a proper person, upon presentation of the receipt. The fourth section of this act declares that any certificate of stock issued or transferred in violation of the provision of this act shall be deemed fraudulent and void as against the State of Indiana. It will be perceived that this act throws additional and, in my opinion, abundant safeguards around the issue of the stock. To avoid the dangers and temptations which this change in the law was designed to guard against, as soon as the new law went into operation, the blank certificates, signed by the officers of State, in the hands of the State Agent, should have been promptly withdrawn by the officers of State and destroyed. This was not done.

When Col. Hudson the present State Agent, came into office, early in February, 1861, he found in the office in New York, three bound volumes of the forms, which he immediately cancelled, by punching a hole through the signature of each form.

STOVER FRAUD.

In this connection I invite your attention to the gigantic forgeries of Indiana five per cent, stocks which have been committed in New York.

The Hon. James A. Cravens was elected State Agent in February. 1859. He held the office about nine months, during which time D. C. Stover acted as his clerk. He then resigned, and Mr. Stover was appointed by Gov. Willard, to fill the vacancy. He continued in office under this appointment until February, 1861, when he was succeeded by Col. Hudson, the present incumbent, who had been duly elected by the Legislature. The forged certificates of stock were executed upon the blank forms left in the office of the Agent of State, which had been signed by W. R, Noffsinger as State Treasurer and H. E, Talbott as State Auditor. These gentlemen came into office early in 1855, and went out early in 1857, having served two years. The forgery consisted in falsely filling up the blanks as to dates, names of payees and amounts, and signing the name of James A. Cravens as Agent of State. The forged certificates, so far as I am advised, bear date in March, April and June, 1859, thus purporting to be executed during the period in which Mr. Cravens was State Agent, though I believe they were executed and issued at a latter date. I am informed by Col. Hudson that the forged certificates were all made payable to Samuel Hallett except about $300.000 payable to a person by the name of Deschaux. He further informs me that the whole amount issued, so far as he has been able to discover, is $2,538,000, of which amount $1,295,000 has been retired and destroyed. Col. Hudson states that he discovered the existence of this spurious stock in a few weeks after he came into office, and immediately charged the matter upon Mr. Stover, who confessed it all, but said there was only about $200,000kept secret, he, and those operation with him, would take up and destroy them, so that nobody should loose anything by them Col. Hudson further says, not knowing what might be the liability of the State upon these certificates he deemed it highly important for important for her interest that they should be gotten off the market and destroyed, and, for that purpose, agreed with them, for the time; to communicate the matter to nobody, without, however, giving them any assurance that they should not be ultimately exposed and prosecuted.

The knowledge of this forgery was first communicated to me about the latter part of January last, by Messrs. James M. Ray and Jesse J. Brown, two of the Loan Commissioners, appointed by the State to negotiate her War Loan. They had learned it from Mr. Lanier. of the firm of Wilson, Lanier & Co., who had discovered it in some way about the first of December previous. I immediately repaired to New York, and in company with the Hon. John P. Usher, then the Attorney general of Indiana, and Esq. Jesse J. Brown, endeavored to investigate the affair. In the opinion and confidence entertained by Col Hudson, and some other gentlemen who had been consulted, that Mr. Stover and those acting with him would retire the fraudulent stocks I did not share, and wan not for that or any other reason in favor of delaying their exposure and prosecution a single hour.

Accordingly, I proceeded at once to place all the facts of which I had any knowledge in the possession of Mr Hall the District Attorney prosecuting the pleas of the State, for the city of New York.

The crime had been committed in New York, and to the laws and authorities of that State its punishment belonged.

Mr. Hall, after deliberation, and such investigation as he could make, determine- page: 25[View Page 25]Switch to Image Mode CLOSE Page 25 ed that an exposure and prosecution of the parties at that time would be highly inexpedient, and informed me that he took the responsibility of deferring any public disclosure and prosecution until such time as in his judgment it was proper to make them.

Matters thus stood from February until about the 27th day of May, when, learning that the affair had become public in New York, and believing that no reason could exist for further delay in the prosecution, I caused the arrest of Mr. Stover, who was then in this State, and sent him to New York. On his arrest he freely consented to go, and waived all process of formal authority. The Hon. John F. Kibbey, then acting Attorney General, by my direction proceeded to New York, and under the instructions of Mr. Hall, filed a complaint before the Grand Jury, in the name of the State of Indiana, and demanded an investigation.

The Grand Jury returned bills of indictment against Stover and Hallett. At the September term of the Court in which the bills were pending, the Court quashed the indictments against Hallett, on the ground that it was no crime against the laws'of New York to forge certificates or obligations purporting on their face to be executed by the State of Indiana. From this decision Mr. Hail has prosecuted a writ of error to the Court of Appeals, but no decision thereon has been had.

The indictments against Stover are still pending.

When this forgery was first made public, Indiana securities were suddenly depressed in the market from ten to twenty per cent., but soon after rallied to nearly or quite the former rates.

To avoid all embarrassment in the future, which might arise from the existence of the forged Certificates, I recommend that the Auditor of State be authorized to procure a new plate, differing in form and appearance from the old, upon which new certificates shall be printed, and that the holders of all genuine stocks be requested to surrender them and receive instead certificates of the new impression.

JULY INTEREST ON STOCKS.

Many of the Western States, among them Ohio and Illinois, were making provision in New York to pay the interest on their debt, in coin, in order to maintain the credit of their stocks.

As the credit of Indiana had received a shock by the development of forgeries of her stocks, and as the circulation of many of the Free Banks of Indiana was based upon Indiana stocks, it seemed to me especially important that she should take the same course, in order to assure her creditors and the public, that her ability and disposition to pay her debts, were in no wise disturbed or impaired by this assault upon her credit. Accordingly. I instructed Mr. Harvey, Treasurer of State, to provide if he could upon reasonable terms, the coin with which to pay the July interest upon our stocks. This he did. upon the terms and in the manner stated in his report. The announcement of the purpose of the State to pay her interest in coin, had an immediate and salutary effect in restoring confidence and bringing back the value of our stocks to its former standard.

At the time I directed the payment of the July interest in coin, the premium on coin was very small, but has since increased so greatly as to forbid the like arrangement for the January interest.

COMMON SCHOOLS.

The operations of the common school system for the past two years have been quite successful. The amendments made to the School Law at the last regular session, so far as I can learn, have worked well, and met with general approval. The report of Prof. Miles J. Fletcher, Superintendent of Public Instruction, for the year 1861, is laid before you, but the report of the present Superintendent, Samuel L. Rugg, for the year 1862, has not been completed. The Rev. Samuel K. Hoshour was appointed to fill the vacancy occasioned by the death of Mr. Fletcher, who held the office until his successor was duly elector and qualified.

DEARTH OF MILES J. FLETCHER.

The death of Miles J. Fletcher was a misfortune to the State. Possessed of fine talents, highly educated, endowed with every accomplishment that can make a man attractive in society, with a heart full of the warmest affections and most generous impulses, he united with all these an indomitable energy of character that gave no rest, and ever pressed him forward in the path of duty. His industry was a marvel, and the amount of labor he accomplished wonderful. The duties of his office he discharged; not scantily as a task, but with a devotion and pleasure that were satisfied only with a full performance. The cause of education he regarded of the first importance, and the vocation and calling of the educator the most honorable and dignified, next to that of the Christian Minister. The misfortunes of his country deeply afflicted him. and notwithstanding the delight he took in the discharge of his official duties, and his untiring devotion to the education of youth, he would have resigned his office and gone to the field, had be not been dissuaded by his friends, who urged that he could serve his country better in the position he then held. He devoted much time, labor and money to the care of the sick and wounded soldiers. He visited the hospitals and the field of battle to hunt up and minister to the neglected and dy- page: 26[View Page 26]Switch to Image Mode CLOSE Page 26 ing, and in carrying a wounded man upon a steamboat at Pittsburgh Landing, shortly after the battle of Shiloh, suffered a bodily injury, from which most likely he could never recover. When he was killed, he had started upon another mission of mercy to the army. I was standing by his side at the moment of his death, and never before did I have brought home to me that passage of Scripture which declares, "That in the midst of life we are in death." Had I been asked a moment before who among all the young men of Indiana, bade fairest for a life of great usefulness and fame. I would have answered, Miles J. Fletcher.

BENEVOLENT INSTITUTION'S.

The Reports of the Boards of Trustees of the Asylum for the Blind Institution for the Deaf and Dumb and Hospital for the Insane are herewith submitted. The management of these Institution for the past two years has been eminently successful and satisfactory. The Superintendents have displayed ability and fidelity, as well as the subordinate officers and teachers, and I commend the reports to your especial consideration and the Institutions to your fostering care and attention.

PRISONS OF THE NORTH AND SOUTH.

At the regular session of the Legislature in 1861, the sum of 10,000 dollars was appropriated for the purchase of material; and construction of the Northern Prison located at Michigan City, for the year 1861, and a like sum for the year 1862. At the extra session in 1861, the sum of 30,000 dollars was appropriated for materials and construction of the Northern Prison, and for the support of convicts, and the payment of the expenses incurred for the month of January, 1861.

At the same session a law was passed for the transfer or 200 convicts from the Southern Prison, but not provision was made for their return in case their labor should be required. At the same session an act was passed providing that persons sent to the penitentiary from counties north of the National Road should be confined in the Northern Prison. The work in the construction of the Prison was vigorously pressed in the summer and fall of 1861, and it was found necessary by the Board of Directors, in order to keep convict labor e ployed, to anticipate, and draw upon the appropriation made for the construction of the prison in 1862; so that when the work for the year 1861 was closed up, there remained unexpended of the fund appropriated for the construction of the in 1862, but about 3,000 dollars. It was apparent, then, that the labor of the convicts could not be employed in the construction of the prison during the year 1862, for the want of means with which to purchase the necessary materials. The labor of the convicts could not be leased or hired out to contractors for the want of shops in the prison in which they could be employed. To work the convicts out of the prison and about the town, would be so expensive, in the employment of guards, as to make their labor unprofitable, beside there was no authority for doing so, except as connected with the construction of the Prison.

As the matter stood, it was inevitable that the convict labor should be almost wholly unemployed throughout the year 1802, and must so continue until the prison shops were constructed, when the labor might be hired to contractors as in other prisons. If the shops were constructed in 1862, this labor could be made remunerative through the year 1863, but if not constructed until 1863, this could not happen until 1864. It was evident that the State would sustain a great loss by the delay in the construction of the shops and accordingly the Board of Directors convened in this city in February last, and myself and other State officers invited to be present for consultation; and after full consideration of the subject it was believed by all to be clearly to the interest of the State that the work of construction of the shops should be commenced at the earliest moment, provided the contract could be let at fair prices, and the contract, bring fully advised of the condition of affairs, should be willing to await the action of the Legislature for his pay. The Board of Directors then proceeded to advertise for proposals for the work, and a public letting was had. I directed Mr. John B. Stumph, of this city reputed to be an honest and capable builder, to be present at the letting, and see that contract was properly made, and in accordance with the plans and specifications before that time adopted by the State for the construction of the shops. The contract upon terms highly favorable to the State. This business is a proper subject for Legislative investigation, which I hope will be promptly made and that means will be speedily provided to pay the contractor the amount which shall be found to be honestly due.

The report of the Board of Directors, together with that of the Warden and Sea- page: 27[View Page 27]Switch to Image Mode CLOSE Page 27 superintendent, are herewith the general administration of the of the prison have been satisfactory, and the Hoard of Directors have manifested much zeal and ability in the discharge of the important duties instructed to them.

The report of the Board of Directors and Warden of the Southern Prison, at Jeffersonville, to herewith submitted. The affairs of this prison, I believe, have been well managed, and I know of no just grounds for complaint. I recommend how-ever, that the management, condition and wants of both Prisons, receive the early and thorough consideration of the Legislature.

UNITED STATES ARSENAL AND ARMORY.

At the last session of Congress an act was passed appropriating $100,000 for the purchase of grounds and construction of buildings and necessary machinery for an Arsenal and Armory to be located in this city.

The grounds have been purchased and the construction of the buildings will be commenced as soon as the Legislature shall have relinquished the jurisdiction over such grounds, so far as required by the laws of the United States.

CONGRESSIONAL DONATION.

On the 2d day of July, 1862, the Congress of the United States passed an act donating to each of the States not in rebellion against the Government, an a-mount of public lands equal to 30,000 acres for each Senator and Representative in Congress to which the States are respectively entitled by the approportionment Indiana to 390,000 acres. Whenever there are public lands in the State, subject to sale at private entry at $1 25 per acre, the quantity to which the State is entitled shall be selected from such lands, but if there are no such lands in the State, or not enough, the Secretary of the Interior is to issue to the State land scrip for the requisite number of acres This scrip cannot be located by the State to which it is issued, but must be sold; but the purchaser may locate it upon any of the unappropriated lands of the United States subject to sale at private entry at $1,25 or less per acre.

There being no public lands in this State for sale at private entry, held by Government at 1.25 per acre. Indiana is entitled to receive her donation in scrip.

This donation is made up on the following conditions:

--That all moneys derived from the sale of lands or script shall be invested in stocks of United States, or of the States, or some other safe stocks yielding not less than five per centum per annum, on the par value.
--that no monies so invested shall constitute a perpetual fund, the capital of which shall never be diminished, except as hereinafter stated.
--The interested on the stocks to be inviolably appropriated by the State, to the endowment and support of at least one College in which the leading object shall be, without excluding scientific and other classical studies, and including Military Tactics, to teach such branches of learning as are related to Agriculture and the Mechanic arts.
--If any portion of the fund thus invested shall, by any contingency be lost, it shall be fully restored by the State.
--That no portion of the said fund shall be applied to the purchase, repair, or erection of any building, but that a sum not exceeding ten per cent. of the original amount may be expended for the purchase of sites or experiment farms.
--No State shall be entitled to the donation, unless the Legislature shall express its acceptance thereof, within tow years from the date of the approval of the Act by the President.

I recommend that the Legislature promptly express its acceptance of the grant, pledging the faith of the State for the performance of the conditions upon which it is made.

The necessity for scientific instruction in agriculture is generally acknowledged, and Congress intended by this magnificent donation to provide means for the permanent establishment of at least one efficient Agricultural College in each State.

The question presents itself as to the disposition which shall be made of the grant. Shall it be given to the State University, or apportioned among all the Colleges in the State, upon such terms and conditions as the Legislature may prescribe; or shall a new institution be created expressly designed to carry out the will of Congress? It may be difficult now to determine the question upon the fact that we cannot know how much may be realized from the sale of scrip. If an amount should be realized large enough to endow respectable and successful Professorships in each of the Colleges now in the State, attaching to them experiment farms, it would perhaps be the best disposition of it that could be made. But if it should not be large for such division, which I apprehend will be the case, then I recommend that it be applied to the establishment of an Institution for Agricultural and Military instruction, to which the children of soldiers who shall die in the service during this war, shall be admitted free of charge.

OLIVER P. MORTON.
OLIVER P. MORTON.

January 9th, 1863.

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HOUSE OF REPRESENTATIVES.

FRIDAY, January 9. 1863.

Mr. MILLER offered a resolution, which was adopted, directing the Judiciary Committee to inquire whether further legislation is necessary for the enforcement of the 13th article ot the Constitution of Indiana.

ARBITRARY ARRESTS.

Mr. GIVEN offered the following:

WHEREAS, Many citizens of this State have been arrested by persons acting, or pretending to be acting, under the authority of the General Government, and have been confined in military prisons or camps without any public charge being preferred against them, and without any opportunity being allowed them to learn or disprove the charges made or alleged to be made against them and refused a trial--there being no insurrection or rebellion or any other obstruction to the constitutional authority of the Government existing within this State; and

WHEREAS, It is a sacred right, guaranteed to every citizen by the Constitution of our common country, that he shall not be deprived of his liberty, unless by due process of law, and when arrested shall have a speedy and public trial by an impartial jury, be informed of the nature and cause of the accusation, and be confronted by the witnesses against him; therefore,

Resolved, By the House of Representatives, That the General Assembly of the State of Indiana do hereby denounce and condemn all such arrests as acts of tyranny, as flagrant violations of the rights of the people, as unwarranted by the laws and Constitution under which we live, and do hereby demand that all such arrests shall hereafter cease.

Mr. NEWMAN moved, to lay the resolution on the table.

The motion was rejected by yeas 39, nays 56.

Mr. BRANHAM opposed the adoption of the resolution, A grave charge was brought against the Government in it. He had not heard of any arbitrary arrests. He thought that arrests enough had not been, made of traitors against the Government.

Messrs. PACKARD, BROWN and FERRIS replied, bringing proofs of such arrests as indicated in the resolution, and denouncing them with indignant patriotism. They were for the resolution, because they were resolved to maintain the liberty of the citizen against all acts of despotism on the part of the Government. Bitterly did they denounce the acts of abolition demagogues and traitors in this regard--men who would overthrow the liberties of the white man, claiming everything for the "free American citizen of African descent."

After farther debate, in which Messrs. BRANHAM, NEWMAN, VAN BUSKIRK, HARNEY, and others, took part--

Mr. ROBERTS argued at length in favor of the resolutions. He himself knew of arbitrary arrests. He brought two notable instances of such arrests, in his own section of the State, to the notice of the House. He wanted the facts brought here. He was for the most thorough investigation, and for protecting the liberty of the citizen at all hazards.

Mr. CASON inquired what right this body had to inquire into what other departments of the Government had done? These arrests had been made under the General Government. He undertook to say that when the facts came to light the Government would be fully justified. He knew of an arrest in Boone county of a man who, at a Democratic meeting, had hurrahed for Jeff. Davis. He richly deserved, not only being arrested, but being hung between heaven and earth--to rot.

Mr. MILROY was in favor of the resolution. If a government did wrong, and could not be assailed--could not be held to the Constitution and the laws--what sort of a Government have we? Was it the Government of a free people?

Mr. NIBLACK argued in favor of the resolution. Grave errors had been committed. Either arrests had been made despotically or guilty persons had been suffered to escape punishment. Nobody would deny this. A motion had been made to lay the resolution on the table, and a test vote was had upon it. He was for completing the record by the adoption of the resolution.

Mr. MILLER demanded the previous question.

Mr. ANDERSON moved to adjourn.

On this motion tie yeas and nays were demanded by ten members, and being ordered and taken, resulted--yeas 40, nays 58.

So the House refused to adjourn.

The demand for the previous question being sustained, the resolution was adopted by yeas 58, nays 30.

Mr. BROWN offered the following:

WHEREAS, The Constitution of the United States and of the State of Indiana solemnly guarantees to the people thereof freedom of speech, freedom of the press, the sacred right of the writ of habeas corpus, security from arrest without due process or law, and that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, and have compulsory process for obtaining witnesses, counsel, &c., and,

WHEREAS, We have witnessed within the past twenty months the violation of all these provisions so indispensable to a free government and necessary for the enjoyment of public liberty, by means aliko arbitrary, violent, insulting and degrading to a degree unknown to any Government on earth, except those avowedly and notoriously wicked, cruel and despotic; and,

WHEREAS, We, the representatives of the people, now assembled in legislative capacity, charged with the high duty of enacting laws for the protection of the people and the preservation of their rights, deem it our first duty to ascertain the facts connected with the criminal usurpations and wrongs which have been practiced by political arrests, and in order to give those who have unlawfully mads them, or caused them to be made, the prominence to a position of lasting infamy their conduct merits alike as punishment and as a warning to others hereafter, and to enable us to act intelligently and efficiently in providing such legislation as will prevent their repetition; therefore

Resolved, That a committee of seven be appointed by this House, whose duty it shall be to report

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to this body the number of arrests for political causes made within the limits of the State, and all the facts connected with each, showing by whose order, procurement or influence, either immediate or remote, the arrests were made, the place, time and manner of the same, and by whom made; the charges (if any) made against them, and the probability of their truth or falsity; the place and duration of their imprisonment, and their treatment; the trial, or opportunity for trial, which they may have had, if any; the circumstances of their discharge, if discharged; the injury to their persons or families (if any) which have resulted from their un lawful detention, and the damages or pecuniary loss sustained by them, in consequence of their imprisonment.

Resolved, That said committee also inquire into and report if there have been obstructions to the free exercise of the liberty of speech or press, or any abridgement thereof within the past two years in this State, and if so, report the facts connected therewith.

Resolved, That said committee be authorized to report a bill that shall contain provisions adequate to protect the people from the arbitrary commission of unconstitutional acts, by such penalties and punishment upon those guilty of the same as may effectually prevent their repetition, and provide means for redress and restitution by damages or otherwise to requite their wrongs, while serving as an exemplary warning to other usurpers in all time to come.

Resolved, That said committee be and are hereby authorized and empowered to send for persons and papers, or visit any locality within the State, that may beseemed necessary to the fall and complete discharge of their duty.

Mr. TARKINGTON moved to strike out the preamble.

On motion by Mr. PACKARD the motion was laid on table.

Mr. PACKARD demanded the previous question.

The demand was sustained.

The yeas and nays were demanded on the adoption of the resolution, and being ordered and taken resulted--yeas 60, nays 26--as follows:

YEAS--Messrs. Abbett, Atkison. Bird, Blocher, Bregan, Brown, Burton, Collins, Cook, Donaldson, Ferris, Garvin, Given, Hall, Hanna, Harden, of Washington, Hardin, of Perry, Harney, Hatfield, Holcomb, Hon, Howard, Howell, Howk, Humphreys, Kemp, of Dubois, Kemp, of Vigo, Lake, Lasselle, Lee, Lemmon, of Harrison, Lemmon, of Spencer, Mason, McGauchey, Miller, Milroy, Mutz, Niblack, O'Brien, of Martin, Osborn, Packard, Pendleton, Priest, Puett, Reitz, Richardson, Rippey, Roberts, Robinson, Shaffer, Shoaff,of Allen, Shoaff, of Jay, Spencer, Stone, Veach, Waterman, Williams, Wolf, Woolen, and Mr. Speaker--60.

NAYS--Messrs. Anderson, Baker, Burnham, Budd, Cass, Chambers, Forester, Gregg, Gregory, Griffith, Higgins, Hostetter, Hutchings, Johnson, Jones, Kendrick, Kilgore, Moorman, Mustard, Noyes, O'Brien, of Hamilton, Pettibone, Roe, Tarkington, Van Buskirk and Woodruff--26.

So the resolutions were adopted.

GOVERNOR'S MESSAGE.

Mr. MOORMAN from the select committee appointed to wait upon the Governor, reported that he would deliver his message this afternoon to the House of Representatives at such time as the House might designate.

The SPEAKER, citing from the Constitution, said that a question arose whether, under that instrument, His Excellency could deliver his message to the House alone, or must he deliver it to the General Assembly in joint meeting? This question had never arisen before, and the Chair was at present unable to decide up on it. It would be remarked that the report was from the committee appointed en the part of the House alone, and not from the joint committee.

AFTERNOON SESSION.

The SPEAKER said: Previous to the morning adjournment, a verbal report from the committee appointed to wait on the Governor to ascertain when he would deliver his message, had been submitted. That report had since, by the Chairman of the committee, been reduced to writing and now the Clerk would read it.

The report set forth that His Excellency would deliver his message to the House of Representatives whenever they desired to hear him.

Mr. NIBLACK offered a resolution, which was adopted, inviting the Senate to repair to the Hail of the House or Representatives instanter to hear the message of His Excellency.

NEGRO EMANCIPATION.

Mr ROBERTS introduced a bill [H R. 1] supplemental to an act for the enforcement of the 13th Article of the Constitution, with reference to negro emigration; which was read the first time and passed to the second reading.

COMMON PLEAS COURTS.

Mr. MASON offered a resolution, which was adopted, instructing the Judiciary Committee to inquire as to the expediency of abolishing the Common Pleas Courts.

EMANCIPATION.

Mr. WATERMAN offered a joint resolution instructing Senators and requesting Representatives in Congress to use all honorable means to defeat the project known as the compensated emancipation scheme, vote for the repeal of all laws heretofore passed looking to that end, and against all like measures hereafter to be introduced, which was referred to the Committee on Federal Relations.

ARBITRARY ARRESTS.

Mr. GRIFFITH offered the following:

Resolved, That the unconditional Union men of Indiana do not endorse any act of the General or State Governments manifestly despotic in its character, relative to arrests made by such Governments, but that we hold it to be the duty of every citizen of the United States to support the constituted authorities thereof; therefore in this period of rebellion against such authority, we cheerfully submit to any acts of the General and State Governments, the object of which is the maintenance of the integrity of the Union and the supremacy of the law, though the act should work personal detriment to the individual, believing that the powers that be do not propose to trample upon the rights of any citizen, but otherwise to protect and preserve the prosperity of the whole people; and that as citizens we should be as ready to perform our duty to our country as we are to assert the rights and privileges which she has given to us.

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On motion by Mr. HANNA the resolution was referred to the Committee on Federal Relations.

NOTICE OF CONTEST.

The SPEAKER laid before the House a communication from Messrs. James K. Plummer and James H. Kennedy; giving notice of contest of the election of Messrs. Tarkington and Kendrick, occupying seats on the floor of the House as members from Marion. The communication set forth at length the grounds of the contest, charging fraud, force and violence at the polls by the friends of said Tarkington and Kendrick; which was read and referred to Committee on Elections.

GOVERNOR'S MESSAGE.

The SPEAKER laid before the House a communication from the President of the Senate, setting forth that because of the absence of a number of Senators there was no quorum, and consequently the Senate could not comply with the invitation of the House to repair to the Hall to hear the Governor's message.

Mr. PACKARD offered the following resolution, which was adopted, and Messrs. Branham and Packard appointed a committee in pursuance thereof:

Resolved,That the House of Representatives, by a committee of two of its members, be requested to wait on His Excellency, the Governor, and say to him that, owing to the Senate having no quorum, it is unable to attend in the Hall of the House as a Senate; and that, as there is no General Assembly at this day in session, the House is unable to say when it can have the pleasure of hearing the message of the Governor of the State.

[Mr. FERRIS submitted a resolution asking the Governor for information relative to drafted troops, and matters relative to the army from Indiana generally which was referred to a select committee of five-- viz: Messrs. Ferris, Brown, Kilgore, Shaffer and Johnson.]

A communication was received from His Excellency, the Governor, by his private Secretary.

The SPEAKER said the document communicated by the Governor was his annual message, addressed to the General Assembly. The Constitution of our State provided that the Governor should give to the General Assembly information upon the condition of the State, and should recommend such measures as he might deem proper. It is under this provision of the constitution the Governor transmits his annual message. The constitution further provides that a General Assembly shall consist of a Senate and a House of Representatives, and that all veto messages should be communicated to the House in which the bill originated. In addition, it had been the uniform and invariable practice, since the organization of the State, for the Governor to deliver his annual message to the Legislature in joint convention assembled. For these reasons he was satisfied that the annual message of the Governor should be delivered to the Legislature in joint convention. But if he was mistaken in that opinion, there was another reason why the message should not now be received. The House had been officially informed within an hour, that there was no quorum in the Senate. The House had thereupon passed a resolution, and which had been communicated to the Governor previous to the transmission of his message to the House, in which they declared that there was no General Assembly in session, and that the message could not be received until a quorum was present in the Senate. Wherefore the message could not be received and read.

Mr. LASSELLE moved that the message be received and the consideration of it postponed until to-morrow morning. Let gentlemen, he said, act coolly and calmly. He had his doubts upon the question. If the Senate were in session the Governor might legally transmit his message to each House separately. But the Senate not being in session, he did not know that we could receive the message.

Mr. PUETT regretted that in high quarters efforts were made to defeat the action of this Legislature. It was an insult to every member who had taken the oath to support the Constitution, that such a communication should be transmitted by his Excellency. His Excellency had set the example to the bolters--the seceders--professing Union all the while. There was no Union, unless within the pale of the Constitution, where every Democrat stood. That message we should not receive as if from the Governor. He warned those who thought with him that it was time to stop. It was time we were retracting our steps. The people were determined that the light of liberty should not be put out. Since those who are in power over us began to violate the Constitution and the laws, we have been on the down hill road. Our authorities must stop. The people of this great and free State have told them to stop. The message would have been delivered as usual were it not feared that the two Houses, once together, would go into an election of United States Senators. He was for no such a arrangement. He was for no such trickery; no such clap trap. The honest way was the right way. The Governor could come in and deliver his message and no Democrat would attempt to into an election of any sort. The bolters, loud professors of love for the Union, were new secessionists, were trampling upon all constitutions, laws and precedents. Let us behave as men ought to behave toward one another, reverencing our oaths, with an eye single to our duties, and all would be right.

Mr. NIBLACK protested at this juncture against endorsing any revolutionary page: 31[View Page 31]Switch to Image Mode CLOSE Page 31 proceedings. He counseled moderation on all sides. He argued in favor of receiving the communication, from the Governor for the future consideration of the House.

Mr. BRANHAM was willing to let bygones be bygones. He was ready to meet the gentlemen, in this crisis of our country, in the performance of the great duties imposed upon us by the people. He was for no more revolutions.

Mr. KENDRICK indorsed every word the member from Jefferson, [Mr. Branham] had said. He admired the spirit of many of his Democratic friends on this floor. He admired the spirit of that old man from Putnam, [Mr. Puett]. He shook hands with him. in God's name, and acknowledging his responsibilities to the people who sent him here, he [Kendrick] would strike hands with every patriot, whether he called himself a Democrat or not.

IN SENATE

SATURDAY, JANUARY 10, 1863.

The question pending at the adjournment was the motion to re-consider the vote directing the Doorkeeper to bring in absent Senators.

Mr. McClurg withdrew his motion.

By the direction of the President the call was proceeded with 39 Senators answered to their names.

On motion by Mr. BROWN of Wells, further proceedings under the call were dispensed with.

PARTIZAN DECLARATION.

Mr. BROWNE, of Randolph, offered the following:

WHEREAS, It is desirable in the present perilous and distracted condition of the country to secure harmony in legislation and unity in action, therefore be it.

Resolved 1, That we are in favor of a vigorous prosecution of the present war within the limits of the Constitution and in accordance with the recognized usages of civilized warfare, for the suppression of the rebellion and the restoration of the union of all the States, and that all necessary appropriations should be made by this General Assembly to assist the State in answering all requisitions of the General Government in the prosecution of such war and for the payment of any proper expenses that have accrued that have not heretofore been provided for; and are opposed to obstructing in any manner, whatever the General Government in the exercise of any its legitimate powers.
That we are opposed to the creation by this General Assembly of a State Military Board, for the transaction of the military affairs of the State or to interfere with, or circumscribing the Constitutional military powers of the Executive of the State.
That we are in favor of a rigid economy in the public expenditures in every department of the Government, civil or military, and of a thorough and impartial investigation of all past public expenditures, and the exposure of fraud or corruption wherever found.
And, as it has been charged that loyal citizens of the State of Indiana have been arbitrarily arrested and imprisoned without legal process or just cause, we will therefore favor, to the extent of our power, the investigation of all such charges, and insist that all persons hereafter arrested, shall receive a prompt and impartial trial, so far as is consistent with public safety.
That it is the duty of this General Assembly to make a fair equitable apportionment of the State for Congressional and Legislative purposes, making the Distracts in regular and convenient form, and as near as may be with equal population, and without reference to their political character.
That it is the duty of this General Assembly to elect United States Senators and State officers, the election of which is imposed by law, at the earliest practicable moment.

On motion by Mr. WOLFE, the resolutions were referred to a select committee of nine.

The PRESIDENT subsequently made this committee to consist of Messrs. Wolfe. Johnston, Williams, Hoagland, Cobb, Mansfield, Mellett, White and Davis of Vermillion.

On motion by Mr. March, it was

Resolved, That when the Senate adjourn it adjourn until Monday 2 o'clock p.m.

HOUSE OF REPRESENTATIVES

SATURDAY, JANUARY 10, 1863.

GOVERNOR'S MESSAGE.

Mr. PACKARD from a select committee appointed to wait on the Governor and inform him of the readiness of the House, as a constituent branch of the General Assembly, to hear his message, reported that the duties enjoined had been performed, and that is Excellency declined to appear in person before the two houses in joint Convention, as the Constitution of the State provides.

Mr. PACKARD offered a resolution that the House respectfully decline to receive the message of his Excellency's private Secretary, and that the same be returned to his Excellency, to be delivered hereafter by him in person to the General Assembly of Indiana, the House meanwhile notifying his Excellency when it will suit it's convenience to hear him.

Mr. PACKARD detailed the circumstances of the interview of the Committee with the Governor. The manner of transmitting the message was an act of discourtesy to the House. It was a positive insult. This House should demand of every co-ordinate branch of the Government not only respectful consideration, but an adherence to the Constitution and laws and all the precedents grounded thereon.

Mr. FORESTER went into a legal argument to show that the method proposed by the Governor in transmitting his message was in accordance with the practice in Congress by the President, and also obtained in many of the States. The communicated, therefore, being respectful in its character, and not irregularly before the House, should be received and respectfully considered.

Mr. NEWMAN followed in a like argument

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Mr. HARNEY argued to show that a long line of precedents had established the manner of delivering the Governor's Message. It was expected by the people that he should appear in person before the General Assembly and deliver it. This was a time which demanded of every man that he should do his duty. He would hold the Governor to his. He would tell him that this General Assembly was no mob, to have his communications contemptuously thrust in their faces by a clerk. He would hold that gentleman to precedent, usage, the Constitution and laws. No revolution should be attempted by him and his friends. In consideration of past usage, in consideration of the present crisis, in consideration of the character of this General Assembly, the Executive of this State must stand before the representatives of the sovereign people and give an account of the manner in which he had performed the momentous duties entrusted in his hands. The interests, the vital interests of the whole State, nay, of the whole country demanded this. Upon this the majority on this floor would Insist.

Mr. VAN BUSKIRK argued in favor of receiving the message as the Governor had transmitted it.

The SPEAKER, in explanation, said he had permitted the discussion to proceed thus far, although it was out of order, unless his decision of yesterday, that the message could not be received, was reversed by the House. The ruling yesterday was placed on two grounds; 1st. That the message should be delivered in joint convention, Although he had taken counsel of a number of gentlemen in high legal position, he had not yet been convinced that his position was erroneous. The second position was that there must be two Houses in session to constitute a General Assembly in the purview of the Constitution Of this there is no doubt. This House, then, had been officially notified, yesterday. that the other branch of the General Assembly was not in session; so that, therefore, no session of the General Assembly was being held. The Speaker did not desire to assume any responsibility not imposed on him, but he would execute the orders of this House. The House had appointed a committee to inform his Excellency that there was no General Assembly in session, and that it would not receive his message. So long as the resolution, adopted yesterday is not reconsidered, it is the duty of the Speaker to enforce it.

Mr. MORGAN doubted somewhat the propriety of transmitting the message in a manner not customary; yet as it has been done we should receive it. We should not, in disrespectful terms, send it back to His Excellency. He could see nothing which would justify us in returning the message. The practice in the National Congress was referred to by him in support of his proposition.

Mr. BROWN urged that the reception of the Governor's Message was a thing that could only be done in joint convention. That was written in the Constitution.-- Some good had arisen out of this discussion--some good at least. It had caused Republicans to look into the Constitution, an instrument which they had been trampling on for the last two years. His Excellency had, by one of his hirelings--a man whom he kept to sweep out his office sent his message to be flung contemptuously on the Speaker's desk.

Mr. KENDRICK called the gentleman to order; he should not speak disrespectfully of the Governor's private secretary.

Mr. BROWN repeated what he had said, and argued that the General Assembly must convene before, under the Constitution, the message could be received. If the Governor did not choose to give us his august presence, he should at least be held to the observance of the Constitution. He was not for running to Congress in these days of Abolitionism for precedents. The State of Indiana was one thing, and Congress was another. The message of the Governor of Indiana should be delivered to us as our fathers were accustomed to receive it. If we would but return to the practice of our fathers, the whole country brought to ruin by Abolition misrule, would soon again be reunited under one flag. This Legislature should pay respect to the construction which had been placed upon the Constitution and laws by Governors, Legislative bodies and courts of justice for the past twenty-five years.

Mr. VAN BUSKIRK replied, repeating his argument, relying upon Congressional precedents and customs in other States.

Mr. ANDERSON took a like view of the matter; going to Great Britain, and adducing the practice in the English parliament to show that his Excellency's message ought to be received.

Mr. BRANHAM said that the Governor was ready to deliver his message yesterday at two o'clock. There being no quorum in the Senate he could not deliver it in person. He (Branham) was confident no disrespect was meant toward the House by the manner in which circumstances had forced his Excellency to transmit Ms message.

Mr. BUSKIRK, (Mr. Holcomb in the chair) argued relying on precedents, that the message must be d livered not to the Senate, not to the House but to the General Assembly. Was there a General Assembly in session yesterday? What did this House legislatively say yesterday? You said under oath there was no General Assembly in session yesterday. You said that you would not receive this message. page: 33[View Page 33]Switch to Image Mode CLOSE Page 33 The presiding officer of this House must carry oat your orders and resolutions.-- He said to his republican friends that it was time for them to pause; to consider what they were doing. You come here, take an oath to support the constitution, and in twenty-four hours you secede from the Legislative halls, and by revolutionary conduct prevent all business. You denounce revolution in the South--and justly do you denounce it, for infamous traitors are engaged in attempting; to overthrow the constitution--you do all this, yet you at home are revolutionists! Pause and consider, gentlemen, what you are doing. If you have a right to say that you will not have United States Senators elected, that you will revolutionize to prevent necessary legislation, has not the majority the same right to say that they are opposed to your measures-- nay, even to the war itself? Because traitors had seceded from the Union in the South, it did not justify Republicans in seceding from the Legislature of Indiana. He had been told before this Legislature met that the election of United States Senators would be prevented by bolting. O yes!, said his Republican friends, this would be revolution, but only on a small scale! Don't tempt us too far, gentlemen! if you determine that we shall not elect United States Senators, we may come to the conclusion that your Republican Governor may manage the affairs of the State of Indiana without money. The majority will not submit to dictation by the minority, You can't dictate to us. If there is no legislation you will be held responsible. We, the Democracy, are determined to do our duty to the people of the State, and, if necessary, every one of us will resign and appeal again to the people, confident of an endorsement of our conduct and an emphatic condemnation of yours.

Mr. GREGORY urged the reception of the message. A little informality should be overlooked. He was opposed to doing any thing that would widen the breach between the Governor and the House, He urged coolness, calmness and moderation.

Mr. MILROY argued in favor of the resolution. This was a time of all times when precedent should be enforced. Tins was a time of all times when the dignity and rights of the white man should be enforced. When it came to talking about the rights of the black man he had nothing to say.

Mr. NIBLACK supported the resolution, To say the least of it, the Governor, by the manner in which he sought to transmit his message, had violated all precedent, and had been guilty of an act of unquestionable discourtesy toward the House. The practice with regard to transmitting President's messages to the national Congress, referred to by gentlemen, was not applicable to our method of conducting affairs in Indiana. This was our State, and its government was our government, to be administered as it had been administered when the constitution and the laws were obeyed by all in authority. He indorsed fully the expressions of the Speaker [Mr. Buskirk] and he sincerely believed, as that gentleman had said, if this revolution should be persisted in by Republican members, and by his Excellency the Governor, and the Democratic members should resign, compelling also the resignation of the Republicans, appealing again to the people, in view of the conduct of the minority here, and especially since the President's emancipation proclamation of the 1st of January, there would not be returned here enough Abolitionists to break a quorum, prevent legislation, disorganize, revolutionize and secede, notwithstanding any oath of office they might have taken to support and obey the Constitution and the laws.

Messrs. KEMP, HUMPHREYS, HOLCOMB and others continued the debate.

Mr. BRANHAM, one of the Committee who had waited on the Governor said that he was sure his Excellency meant no disrespect to the House by the manner in which he had transmitted his message. Nothing should deter him from doing his duty as the representative of a free people? Never could he countenance revolution. The majority on this floor might elect every officer they wanted, but in his opinion the Constitution in certain circumstances justified the minority in bolting. He would bolt for one whenever in his judgment the public good demanded it. He would not bolt on a trifling occasion. But the right to bolt was guaranteed by the Constitution to the minority, He concluded, protesting his devotion to the Constitution and Union. He had tent one motto: One country, one destiny or one graveyard. Being interrogated by several members he admitted that the right of revolution belonged to a State and also the right of secession.

Mr. ROBERTS. Two years ago the honorable gentleman from Jefferson [Mr. Branham) and myself occupied seats on this floor. I wish to ask him if then he did not declare against all bolting against all revolution?

Mr. BRANHAM, I recognize under certain circumstances, the right of revolution. The only question is, does sufficient cause for revolution exist?

Mr. BROWN. Will the gentleman be kind enough to define the difference between secession and revolution?

Mr. BRANHAM. There is none at all. Secession is revolution.

Mr. NIBLACK. Now, who are to determine the question as to whether there Is sufficient cause for revolution?

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Mr. BRANHAM. The party proposing to revolutionize or secede.

Mr. NIBLACK. That is good enough i secession doctrine, pronounced by a Republican.

Mr. MOORMAN demanded the previous question.

The demand was sustained by the House and under the operation of the previous question the resolution was adopted by the following vote:

YEAS--Messrs, Abbett, Abdill, Atkison, Bird, Blocher, Bregan, Brown, Barton, Collins, Cook, Davis, Donaldson, Ferris, Garvin, 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; Lemon, of Spencer; Mason, McGauchey, Miller, Milroy, Mustard, Mutz, Niblack, O'Brien, of Martin; Osborn, Packard, Pendleton, Priest, Puett, Reitz, Richardson, Rippey, Roberts, Shaffer, Shoaff of Jay Shoaff, of Allen, Spencer, Veach, Waterman, William, Wolfe, Woollen & Mr. Speaker--61.

NAYS--Messrs. Anderson, Baker, Branham, Budd, Byerle, Cass, Chambers, Forester, Gregory, Hershey, Higgins, Hostetter, James, Johnson, Jones, Kendrick, Kilgore, Lamb, Leeds, Marshall, Moorman, Morgan, Newman, Noyes, O'Brien, of Hamilton; Perry, Pettibone, Robinson, Stone, Tarkington Van Buskirk, and Woodruff--32.

So the SPEAKER ordered the Clerk to return the communications to his Excellency the Governor, together with the resolution adopted rejecting it.

THE $200 EXEMPTION

Mr. DONALDSON offered the following:

WHEREAS, The sixth section of the twelfth article of the Constitution provides that no person conscientiously opposed to bearing arms shall be compelled to do Indiana duty, but such person shall pay an equivalent for exemption, the amount to be prescribed by law.

Resolved, That the Committee on Military Affairs be instructed to inquire by what authority such equivalent was fixed at two hundred dollars and whether any legislation is necessary upon the subject, and to report by bill or otherwise.

The resolution was adopted.

NEW JUDICIAL CIRCUIT

Mr. BIRD introduced a bill [2] creating the 16th judicial district, which was read the first time and passed to the second reading.

On motion by Mr. HARNEY, it was--

Resolved, That when the House adjourn it be till 2 p.m. on Monday.

IN SENATE

MONDAY, JANUARY 12, 1863.

The Senate met at 2 o'clock p.m.

Mr. MELLETT presented the memorial of John H. Baker contesting the seat of Charles L. Murray, Senator from Elk hart and Lagrange, which was read and referred to the Committee on Elections with instructions to inquire whether said contestant held a lucrative office at the time of his election.

SOLDIER'S VOTE.

On motion by Mr. LANDERS, it was--

Resolved, That the Judiciary Committee be instructed to inquire into the constitutionality of a law providing for the voting of Indiana soldiers who may be absent from their respective townships and on duty outside of the State at the time of the election.

Hon. HORACE CORBIN, Senator elect from St. Joseph and Marshall, came forward presented his credentials, and was sworn in my Judge J. W. Chapman.

LEGISLATIVE EXPENSES

Mr. BROWNE, of Randolph, introduced a bill [S. 1] appropriating $25,000 to defray the expenses of the present General Assembly, which was read twice and referred to a select committee with instructions to so amend the bill that no member shall receive any pay who shall absent himself from the Senate.

The PRESIDENT makes this Committee to consist of Messrs. Moore, Wilson and Browne, of Randolph.

HOUSE OF REPRESENTATIVES

MONDAY, JANUARY 12, 1863.

The House met at 2 p.m.

Mr RYAN, member elect from Crawford county appeared, presented his credentials and was sworn in.

NEW PROPOSITIONS

Mr. MOORMAN introduced a bill [H. R. 3] to appropriate $30,000 for the expenses of the present Legislature, which under a suspension of the rules was read twice and referred to the Committee on Ways and Means.

Mr. MILLER introduced a bill [4] to amend the 406th section of the Practice Act, to facilitate the issuance of executions on judgements after the lapse of five years, which was read the first time and passed to the second reading.

RAILROAD TARIFF

On motion by Mr. BROWN, it was--

Resolved, By this House (the Senate concurring,) that a committee of two on the part of the Senate, and three on the part of the House, be appointed to examine and report at an early day whether certain railroad companies in this State are charging higher rates for the transportation of passengers and freights than is allowed by their charters, and also whether the same rate per mile is charged for transporting the same without regard to distance.

The SPEAKER makes this committee to consist of Messrs. Brown, Holcomb and Newman.

Mr. LAMB offered a resolution which was adopted instructing the Committee on the Judiciary with regard to paying the Home Legion for services on the border.

The bill [H. R. 1] to enforce the 13th Article of the Constitution was read the second time and referred to the Judiciary Committee.

The bill [H. R. 2] creating the 16th Judicial District was read the second time and referred to a select committee.

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EMANCIPATION.

Mr. WATERMAN offered a resolution, instructing Senators and requesting Representatives in Congress to use all honorable efforts to defeat the President's compensated emancipation scheme, which was referred to the Committee on Federal Relations.

Mr. PACKARD submitted the following, which was also referred to the Committee on Federal Relations:

WHEREAS, The President of the United States, at the second session of the Thirty Seventh Congress, submitted the project of a law or pledge for compensation to any State or States which may emancipate the slaves existing in or being inhabitants of, such States, and whereas, such law, so passed, provides for the creation of a large and onerous public debt, by the issuing of the bonds of the United States, with interest running thereon till redeemed, in payment of said slaves so manumitted and set free, and

WHEREAS, The said Congress, at its second session, did enact the same into the form of a law, with the approval of the President; and

WHEREAS, This was done in derogation of all notice to the people of the several States; that the same was intended and contemplated, and against the solemn pledges of the President and Congress, that neither had the "lawful right or power" to interfere with slavery in any of the States of the American Union, therefore,

Resolved, By the General Assembly of the State of Indiana, that the said action of the President and Congress of the United States had no warrant in the Constitution--that it was an assumption of authority not delegated by the people, or the States to the Executive or Legislative branches of the General Government--in bold and wicked defiance of the rights of the people, and the pledges made to the nation, and in manifestly oppressive to the citizens of the several States having no connection or interest in the existence of African slavery.

Resolved, That this General Assembly, in behalf of the people represent therein, do most solemnly protest against the enactment of that law or project by Congress; and that we deem it an act of common honesty to declare that the people of Indiana, already burthended by excessive taxation for the legitimate expenses of the existing war, will oppose by all lawful and constitutional means, every attempt to subject their property and industry to new and unconstitutional exactions, and for purposes so irreconcilable with the requirements of the National Constitution, and at war with the sacred rights of the citizens of the various States.

Resolved, That our Senators in Congress be instructed, and our Representatives requested, to vote for the prompt repeal of said law or pledge, at the present session.

Resolved, That His Excellency, the Governor, be requested to transmit, without delay, certified copies of this joint resolution to each of our Senators and Representatives in Congress.

ANNOUNCEMENT OF COMMITTEES

The SPEAKER announced the following Select Committee on Arbitrary Arrests--one from each Congressional District--appeared in pursuance of Mr. Brown's resolution adopted on Friday: Messrs. Brown, Given, Howard, Ferris, Morgan, Gregg, Hanna, Gregory, Lasselle, Baker and Shoaff of Jay.

Also the following Standing Committees:

Elections--Messrs. Roberts, Howell, Atkison, Spencer, Abdill, Hall and Morgan.
Ways and Means--Messrs. Niblack, Puett, Branham, Harney, Bird, Waterman and Jones.
Judiciary--Messrs. Howk, Burton, Anderson, Lake, Lasselle, Packard and Kilgore.
Organization of Courts--Messrs. Brown, Shaffer, O'Brien of Hamilton, Mason, Garvin, Newman, Howell and Lamb.
Banks--Messrs. Puett, Shoaff of Jay, Harney, Woollen, Branham, Jones and Bird
Federal Relations--Messrs. Packard, Given, Tarkington, Howell, Niblack, Anderson and Gregg.
Education--Messrs. Holcomb, Wolfe, Van Buskirk, Pendleton, Higgins, Given and Griffith.
The affairs of the State Prison North--Messrs. Packard, Milroy, Priest, Tarkington, Collins, Rippey and Kilgore.
Swamp Lands--Messrs. Shaffer, Richardson, Atkison, Davis, Forester, Puett and Waterman.
Military Affairs--Messrs. Hanna, Milroy, Baker, Roberts, Kemp of Vigo, Lemmon of Spencer, and Johnson.
Claims--Messrs. Howell, Lemmon of Harrison, Pendleton, Stone, Wolfe, Veach, Roe and Hutchings.
Trust Funds--Messrs. Burton, Hon, Hardin of Washington, Gregory, Cass, Hall, Lamb and Blocher.
Fees and Salaries--Messrs. Humphries, DeBruler, Higgins, Waterman, McGauchey, Hershey and Perry.
Sinking Fund--Messrs. Lemmon of Harrison, Osborn, Chambers, Bregan, Pettibone, Forester and O'Brien of Martin.
Rights and Privileges--Messrs Ferris, Lake, Kilgore, Moorman, Spence, Gregory and Miller.
Railroads--Messrs Branham, Bird, Mutz, Abbett, Morgan, Newman, and Donaldsen.
Commerce and Manufactures--Messrs. Rippey, Reitz, Kemp of Dubois,Hardin of Washington, Hostetter, Woodruff and Marshall.
County and Township Business--Messrs. Miller, Priest, Stone, Shoaff of Allen, Pettibone, Perry and Cook.
Agriculture--Messrs. Milroy Harney, Van Buskirk, Collins, Hall, Blocher and Budd.
Roads--Messrs. Shoaff of Jay, Cook, Davis, Hardin of Perry, O'Brien of Martin, Hutchings and Hershey.
Scientific and Benevolent Institutions--Messrs. Woollen, Mason, Cass, Ryan, Richardson, Griffith, and Lemmon of Spencer.
Temperance--Messrs. Abbett, Hon, Van Buskirk, Williams, Noyes, Griffith and Priest.
Mileage and Accounts--Messrs. Mutz, Hardin of Washington, Kendrick, Leeds, Hardin of Perry, James and Veach.
Corporations--Messrs. Garvin, Hanna, Mustard, Higgins, Tarkington, Howk and Woollen.
Public Expenditures--Messrs. Donaldson, McGauchey, Abdill, Marshall, Lee, Hetfield and James.
Engrossed Bills--Messrs. Lasselle, Osborn, Cason, Byerle, Baker, Howard and Given.
Canals--Messrs. Hetfield, Shoaff of Allen, DeBruler, Humphries, Reitz, Budd and Mustard.
Public Printing--Messrs Mutz, Ryan, Cason, Robinson, Kemp of Dubois, Brown and Chambers.
The Affairs of the City of Indianapolis--Messrs. Kendrick, Lee, Williams, Hostetter, Robinson, Hardin of Perry and Cook.

JOINT STANDING COMMITTEES

Enrolled Bills--Messrs Wolfe, Pendleton, Ferris, Leeds, Noyes, Lake and Kendrick.
Public Buildings--Messrs. Collins, Hardin of Washington and Hershey.
The State Library--Messrs. Pendleton, Anderson and Richardson.
The Canal Fund--Messrs. Spencer, Mustard and Donaldson.

NEW PROPOSITIONS

The following bills were introduced, real the first, and severally passed to the second reading.

By Mr. GARVIN [5] Granting to Circuit Courts concurrent jurisdiction page: 36[View Page 36]Switch to Image Mode CLOSE Page 36 with Common Pleas Courts in all cases not exclusively within, the jurisdiction of Justices of the Peace.

By Mr. NEWMAN, [6] To regulate the number of jurors required to agree on verdicts--two-thirds to be sufficient.

IN SENATE.

TUESDAY, January 15, 1863.

The PRESIDENT announced, the Standing Committees of the Senate, to-wit:

Judiciary--Messrs. Ray, Downey, Wolfe, Cobb, McClurg, Brown of Wells, March, Browne of Randolph, Claypool and Graves.
Finance--Messrs. Williams, Landers, Bradley, Hoagland, Wilson, Claypool, Davis of Parke, Mellett and Beeson.
Organisation of Courts--Messrs. Wolfe, Cobb, Corbin, Downey, White, Dickinson and Mellett.
Elections--Messrs. Shields, Wolfe, Brown of Wells, Landers, White, Blair and Beeson.
Federal Relations--Messrs. Cobb, Wolfe, Johnston, Hoagland, Ray, Davis of Cass, March, Mansfield, Browne of Randolph, Mellett and White.
Education--Messrs. Douglass, Ferguson, Hord. Corbin, Gifford, White, Berry and New.
Corporations--Messrs. Davis of Cass, Fuller, Moore, Hartley, Culver, Reed and White.
Military Affairs--Messrs. Landers, Shields, Ray, Corbin, Downey, Mansfield, Davis of Parke, Beeson and Murray.
Roads--Messrs. Finch, Jenkins, Moore, Shoulders, Campbell, Pleak and Wright.
Canals and Internal Improvements--Messrs. Hoagland, Finch, Davis of Cass, McClurg, Culver, Campbell and Reed.
The Affairs of the Town of Indianapolis--Messrs. Jenkins, Gaff, Hartley, Berry, Pleak and New.
Claims--Messrs. Moore, Williams, Wilson, Shoulders, Blair, Grubb and Pleak.
State Prisons--Messrs. Ferguson, Bradley, Gifford, Shoulders, Cobb, Wilson, Wolfe, Hoagland, Graves, Bearss, Murray, Browne of Randolph, Culver, Teegarden and Wright.
Expenditures--Messrs. Marshall, Shields, Fuller, Douglass, Grubb, Bearss and Campbell.
Banks--Messrs. Wilson, Gaff, Landers, Johnston, Bradley, Beeson, Graves, Claypool and Teegarden.
Manufactures--Messrs. Fuller, Marshall, Williams, Gaff, Beeson, Grubb and New.
Agriculture--Messrs. Shoulders, Johnston, Moore, Williams, Marshall, Campbell, Murray, Berry and Reed.
Unfinished Business--Messrs. Graves, Hartley, Finch, Brown of Wells, Bearss, Teegarden and Wright.
Benevolent Institutions--Messrs. Corbin, Clifford, Douglass, Downey, Ferguson, New, Teegarden, Mellett and Mansfield.
Swamp Lands--Messrs. McClurg, Hord, Marshall, Shields, Culver, Dickinson and Reed.
Temperance-- Messrs. Gaff, Jenkins, Finch, Cobb, Berry, New and Murray.
County and Township Business--Messrs. Johnston, Moore, Wilson, Graves, March, Davis of Parke and Blair.
Phraseology and Arrangement of Bills--Messrs. Gifford, Ray, Douglass, Dickinson and Bearss.
Printing--Messrs. Bradley, Wolfe, Williams, Davis of Cass, Murray, New and Mansfield.
Enrolled Bills--Messrs. Brown of Wells, McClurg, Hord, Grubb, Blair and Browne of Randolph.
Rights and Privileges--Messrs Downey, Ray, Hord, McClurg, Corbin, March, Claypool, Davis of Parke and Dickinson.

JOINT COMMITTEES.

Public Buildings--Messrs. Hartley, Jenkins, Landers, Pleak and New.
State Library--Messrs, Hord, Fuller, Ferguson, Mansfield and Blair.

Mr. MOORE reported back the bill [S. 1.] making appropriations to defray legislative expenses with an amendment "That no Senator or Representative shall be entitled to receive his per diem, for such time as he may be absent, without leave from the Senate or House of Representatives."

The amendment was concurred in and the bill was read the third time and passed--yeas 32, nays 13.

COMMON PLEAS COURTS.

Mr. BROWNE, of Randolph, offered a resolution instructing the Judiciary Committee to report a bill abolishing Common Pleas Courts, increasing districts of Circuit Courts to twenty, and extending the jurisdiction of Justices of the Peace.

On motion by Mr. SHIELDS the consideration of the resolution was postponed until Friday next at 2 p.m.

IMMIGRATION OF NEGROES.

On motion by Mr. JOHNSTON, it was--

Resolved,That the Committee on Rights and Privileges of the Inhabitants of the State be instructed to inquire into the expediency of amending the law on the subject of the immigration of free negroes, as to entirely prohibit the immigration of such persons into this State, and the removing of all such persons as are within this State in violation of the Constitution and laws of the State.

NEW PROPOSITIONS.

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

By Mr. DICKINSON, [2] to authorize the board of Commissioners of the several counties of the State of Indiana, and the authorities of any incorporate city or town in said State, to make appropriation for the protection and maintenance of the families of volunteers, and for the encouragement of volunteers, and to provide for wounded and disabled Soldiers, and for the disinterring, transportation and interring of the bodies of any deceased soldier: and for the erecting of monuments their memories, and to make appropriations for the purchase of arms and equipments for the raising and maintaining military companies for home defense, or for State or United States service, and for such other necessary expenditures for the defense of their respective counties, cities and towns, as the exigencies of the times may require, and to empower the County Boards and authorities of incorporated towns and cities, to make regulations for disbursements of same, to legalize any appropriations heretofore made, and to authorize a special tax for the same.

By Mr. BROWNE, of Randolph, [3] amending the 103d section of the practice act, approved June 17, 1852.

By Mr. BLAIR, [4] to amend the 1st and 3d sections of an act, regulating docket fees of District Attorneys, approved June 4, 1861.

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By Mr. DICKINSON, [5] amending section six of an act approved May 20, 1862, touching the laying out and vacating towns, streets and alleys.

GOVERNOR'S MESSAGE.

Mr. BROWNE, of Randolph, moved to take up the message of the Governor.

The PRESIDENT said that no communication from the Governor was properly before the Senate. A communication had been pent in by the private Secretary of the Governor, but there was no quorum present in the Senate at the time; we could transact no business except such as would bring in absent members, and it could not, for that reason, be considered as before the Senate.

PAY OF SOLDIERS.

A message was received from the House informing the Senate of the passage of a concurrent resolution instructing our Senators and requesting our Representatives in Congress to vote for a law to reduce Hie pay of commissioned officers in the army at least twenty-five per cent, and to increase the pay of privates at least $4 per month.

On motion by Mr. JOHNSTON it was amended by increasing the pay of noncommissioned officers also $4 per month.

The resolution, as amended was referred to the Committee on Military Affairs.

PARTIZAN DECLARATION.

Mr. WOLFE, from the select committee to whom was referred the resolutions of Mr. Browne of Randolph, reported them back with a recommendation that the first be referred to the Committee on Federal Relations, the second to the Committee on Military Affairs, the third to the Committee on Finance, the fourth to the Committee on Rights and Privileges, the fifth, to a special committee, and that the sixth be adopted.

Mr. MANSFIELD presented the report of the minority, recommending the adoption of the resolutions with an amendment "that nothing herein contained shall be construed to imply an endorsement or censure of the course pursued by the President of the United States or the Governor of Indiana."

On motion by Mr. JOHNSTON, the amendment was laid on the table, by yeas 26, nays 22.

Mr. MARCH moved to concur in the majority report with an amendment adding to the last resolution the following:

After this General Assembly shall have briefly declared the principles by which such officers, especially United States Senators, should be governed in the discharge of their official duties in aiding the General Government in its efforts to put down the existing rebellion, preserve the Constitution intact and restore the Union of all the States.

On motion by Mr. COBB the amendment was laid on the table--yeas 26, nays 22.

Mr. BEESON moved to amend by adding to the last resolution the following:

But no person will be supported for any office to be filled by this General Assembly, who shall not first have publicly declared his opinion in relation to the aid which ought to be rendered to the General Government in its efforts to put down the existing rebellion, preserve the Constitution and restore the Union of all the States.

The PRESIDENT decided the amendment out of order, a similar one having been just laid on the table.

The majority report was then concurred in--yeas 26, nays 22.

RAILROAD TARIFF.

A House resolution to appoint a joint committee to enquire it any and what railroads were charging higher rates for transportation and fare than by law they are allowed to do, was taken up and concurred in.

THE SENATORIAL IMBROGLIO.

The message from the House informing the Senate that the House would meet the Senate in joint convention at 2 o'clock p. m. to go into an election for United States Senators, was taken up.

Mr. MELLETT moved to postpone the resolution until 10 o'clock to-morrow.

Mr. DUNNING (Mr. Shields in the Chair.) I hope the Senate will vote down the proposition to postpone. If there is a conservative man in this Senate Chamber I believe I stand side by side with him for the Constitution of the Country. I would scorn to speak to a man who was opposed to the Constitution of his country and the unity and integrity of the best government ever given to man. What in the necessity of equivocating in this matter? There can be none. A caucus is called of the Republican members of the Senate and House of Representatives for to-night, and the Senator from Henry [Mr. Mellett] will not undertake to tell this Senate, nor will any Republican Senator, that they are not acquainted with the opinions and characters of the prominent republican men who are likely to become candidates for these high and important stations. Let us determine now the time we will go into this election. The people of the State demand there shall be an election and that at an early day. If the Republican Senators will agree now upon a time that the election of United States Senators shall be gone into, I have no objection if it is postponed till even a longer period than to-morrow: but it in high time the majority in this senate shall know at what time their Republican fellow Senators intend to go into this election. Indiana is at this time without a representative of the mind of the majority, in the Senate of the United States, and an appeal has come from the loyal and conservative men of the State that we shall have Democratic principles rep- page: 38[View Page 38]Switch to Image Mode CLOSE Page 38 resented in the United States Senate by a staunch and reliable Democrat who will represent their interests at the proper time in the councils of the nation. And I can assure Senators on the other side they need have no fears that the Democratic party are going to elect a disloyal man. I do, in conclusion, earnestly appeal to Republican Senators that they will return to their seats upon this floor and meet this question manfully; let us as men who love the Constitution and Government of the country, if we cannot at all times and on all occasions have things go as we de-sire, show our patriotism by submitting to what shall be the voice of the people at the time, and trust to the ballot-box to remedy the evil.

Mr. MELLETT. Mr. Presidents I disclaim party. I was elected as a partisan but I am not now a partizan. I took grounds against party in the last election and voted for neither of our candidates for congressmen because they were partisans, and looked more to the advancement of party than to the good of the country. I have no use for such men in times like these. We have submitted propositions here to see if we can compromise. I am ready to compromise. I am for the Constitution as it is and the Union as it was. Now I ask you to be more magnanimous than I was two years ago. Two years ago gentlemen told us we must lay down a platform pledging our southern brethren that the Lincoln administration would not do thus and so. They said these southern gentlemen were alarmed. I said they had no right to suspicion us. Now certain Senators of the minority ask some pledges from the present majority. If the Democrats were right then, they are wrong now. At the extra session the parties were united in prosecution of the war. Are the skies any brighter now than they were then? The country is in no better condition now than it was then. In my judgement it is not improved on particle. Senators say they have been deceived in Abraham Lincoln. That is very true; they may say it justly. And if they have, have they not been deceived in Joseph A. Wright and James Hughes and fifty others I might name? Have not the opinions of Senators on this floor undergone a change? Are they prepared to say Hendricks and Turpie will not change.

Mr. COBB (interrupting.) As far as I am concerned, my opinion of Wright and Hughes has changed, and for that reason I am anxious to see Wright removed from the Senate of the United States. I can see no change as far as Hendricks and Turpie are concerned, they are embodyment of the Democratic sentiment of the people of Indiana and for that reason we desire to elect them. The Democratic sentiment is in a large majority in the State, and it should be represented in the Senate of the United States. That is why the elections should be had at once. As to the views of Mr. Hendricks and Mr. Turpie, they are known. The banner of the party was thrown to the breeze with their platform inscribed upon it, and it triumphed. The gentlemen selected to represent us in the United States Senate endorsed that platform.

Mr. MELLETT. The gentlemen says their platform was put forth, but I apprehend there is more than one Democratic Senator who did not approve of their 8th of January platform. But to come back to the main point. This Democratic party ought to adopt a gentlemanly course. If gentlemen would fix their minds upon the great issues at stake and lay aside the party a little while, I think it would be a great advantage to the country. The Republicans are as guilty in this respect as Democrats are. Perhaps their party prejudices are not so strong from the fact that they are not so old as the Democratic party, but for their age they have perhaps stronger prejudices. But I say in times like these we ought to come together. When I move to postpone the consideration of this resolution till to-morrow I do it in good faith. I cannot tell you just precisely what the minority will do at that time; but I say this, as far as I am concerned, on to-morrow the Senator from Monroe [Mr. Dunning] will know what I will do.

Mr. DUNNING (interrupting.) I hope the Senator does not understand me as impugning his motives.

Mr. MELLETT. No sir, not at all. But you must remember, gentlemen, that the minority are human as well as you on the other side. You have voted down every proposition we have offered. We offered all sorts of propositions with a view of getting something, but we have got nothing. I can stand all that, too, but it might induce some Senators to act ugly on our side and I do not want to see that done. God knows I will have nothing to do with making a party record for the next two years.

Mr. WILLIAMS. The Senator from Henry [Mr. Mellett] proposes to postpone this resolution till to-morrow morning at ten o'clock. I can see no good to result from it. We have delayed this thing to the sixth day, and now are asked to postpone it. Is there not ample time given? How was it when there was an election two years ago? were we allowed this time? No sir. Gov. Lane was installed Monday and before the Senate adjourned on Wednesday he was elected U.S. Senator. We were not prepared, but we offered no opposition. I hope the motion will be voted down and that the Senate will go into the election.

The Senate then adjourned till 2 o'clock.

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AFTERNOON SESSION.

Mr. JOHNSTON moved to concur in the House resolution with an amendment fixing the time of election for to-morrow at 3 o'clock p.m.

Mr. CLAYPOOL. At a time like this it becomes us to lay aside the partizan and act the part of true friends of our country, I am not here for the purpose of thwarting the will of the majority in the election of United States Senators.-- I grant it is the just privilege of Senators upon this floor to prefer the election of Thomas A. Hendricks to any other gentleman and as far as I am concerned I do not wish to place a straw in the way of the consummation of that object. I know that gentleman and admire his abilities and moral virtues, but there are those of us who are not acquainted with the position of that gentleman or his associate, who it is expected will be sent to the United States Senate, upon the vital questions of the day. It has been rumored upon the street and in the public press that these gentlemen entertain ideas that in my opinion will bring upon the State of Indiana anarchy and confusion. I trust in God I may be deceived in this, for I hope I have as much interest in the welfare of the State and country as any Senator upon this floor. I refer to the idea of suspending hostilities, and the further idea, following out the suspension of hostilities, of taking this State out of the Union under the guise of attaching it to the Southern Confederacy. But my personal associations here ameliorated my ideas and brought about a better feeling as far as I am concerned. I trust this thing will be delayed until we have a chance to confer and be one in the maintenance of the Union. This is the grand and controlling object of my action on this floor--the maintenance of this Union unbroken--the Union as it was before the rebellion commenced, without a single star erased. I say to Senators that I will go as far as the farthest in yielding up my own personal ideas for the maintenance of this Union.-- Feeling and knowing the responsibility of my position, although I hate slavery as I hate the very devil himself, I would rather see the institution of slavery covering every foot of territory upon God's green earth than to see this government of ours broken up. On the other hand, I would rather see the shackles of every slave broken than to see this government broken up. The question of slavery or no slavery is a question of minor importance to me. I feel that we are on a slumbering volcano and a hasty action, a want of mature judgment, a single movement of an inflammatory character, may send us out in rebellion. It matters not whether A, B, or C is in the Senate of the United States; I would as soon see Thomas A. Hendricks there as any other Democrat in the State of Indiana acting with you now; but it is a matter of importance that there should be good feeling existing amongst us--that the people should be one in the maintenance of this Union. I trust, although I have been thus candid in expressing my apprehensions, that they may be groundless, but it is apparent to Senators that these apprehensions exist, whether ill or well founded I cannot pay. I trust it will be delayed until next Tuesday, or if that be too long, give us a shorter time to become acquainted with each other.

Mr. LANDERS. I hope the amendment offered by the Senator from Putnam [Mr. Johnston] will be adopted. We have been here several days and have done nothing, and it is evident we will do nothing until something is done with this matter. The responsibility of legislation is upon the Democratic party and I am satisfied the opposition are aiming to make this legislation as odious as possible. I am astonished that so much fear of the Democratic party is expressed by gentlemen. They can find nothing to justify it, and this being the fact I am left to the conclusion that these gentlemen have been trying to make party capital. The main object of this party is to make out that the Democratic party is disloyal. I am inclined to defend the action of my party two years ago. I was one of the men that bolted.-- Why did we bolt? Not to defeat the election of United States Senator; that was not the question. But they got up a bill for the purpose of disfranchising the people of the State-- giving double, and in some instances treble to republican districts and only half, in many, to Democratic districts. Then it was that the Democratic party withdrew in order to preserve the rights of the people-- the right of a fair and equal representation. It was not to defeat the will of the people, as is the object of these men now, but for the purpose of sustaining the rights of the people. These gentlemen profess to be afraid of rebellion. Now in order to avoid rebellion how should they act? Certainly that party is responsible for rebellion that will throw itself in the way of the will of the people and deny the people the right of having their will carried out through their representatives. Certainly the way to keep down rebellion is to let the government move on in the manner it always has done. The people are the government and that party that throws itself in the way of their desire will be held responsible for it. I hope we will proceed straight along with our business. There is no need of putting off this election. We have spent about one sixth of our time and done nothing. It is not our idea to have the wheels of government clogged page: 40[View Page 40]Switch to Image Mode CLOSE Page 40 this way. I am getting impatient about this matter. If these men are going to revolutionize and break a quorum they have their minds made up now. I will carry out the will of the people that sent me here as far as I am able, I care not what the consequences will be. If these gentlemen are going to break a quorum they might just as well act it out now.--We may just as well talk plain about this matter.

Mr. BLAIR. Mr. President: I had hoped before this election for United States Senators was brought upon us, that we might get some expression from the majority on this floor that would dispel the apprehensions alluded to by the Senator from Fayette [Mr. Claypool.] I hope with him that these apprehensions are unfounded; but there are indications in the papers of their existence. Now it was but a day or two ago that my eye happened to fall upon an article in the Sentinel addressed to one Jesse D. Bright. That man was expelled from the United States Senate for treason and this communication solicits rather, that the peoples' representatives should send him back. He responds by saying that he has always been opposed to the coercive policy of this administration, and that he is now and ever has been opposed to all legislation in aid of the prosecution of this war for the suppression of the rebellion. And yet gentlemen tell us here, and I believe it, that the majority upon this floor, as a mere matter of policy dictated by their partizan tactics, purpose not to elect this man. Not because they do not endorse him. And have we not a right to have apprehensions that these men may not follow in the same footsteps of this gentleman who was expelled from the United States Senate?

Mr. COBB (interrupting) Does the gentleman mean to charge insincerity upon the majority here? If he does I would answer him that he has no right to demand of them that they define their position.

Mr. BLAIR. I do not mean to say these gentlemen intend any such thing, but I say that from what has been expressed in this Senate, these gentlemen do not propose to repudiate Mr. Bright on account of any principles he holds.

Mr. COBB (interrupting.) I will ask the Senator if he was not anxious that the Democratic party should nominate Mr. Bright?

Mr. BLAIR. I was not, and would not be willing to remain here and see these gentlemen elect him. But out of respect to the soldiers Indiana has sent into the field to aid in the prosecution of this war, and out of respect to the people who have apprehensions, I say it is nothing but just and fair that the election should be postponed until such a time as to afford us an expression of opinion upon these great I questions. I did not come here expecting the minority would resort to a bolt to delay the action of the Senate, but I ask these gentlemen to delay this question a week or a few days, until we have time to see whether there are further indications.

Mr. WOLFE. Mr. President: This is not a question that ought to be lengthily discussed and I do not rise to make a speech. I think that discussion will amount to no good; but I do protest against the charges that are made by implication on the part of the minority to beg this question. I take it that these gentlemen have no right, and it is absolutely wrong; for them to charge either directly or by implication, the intentions of what this body may be in regard to sustaining our country. I take it that the majority on this floor and throughout the State of Indiana have never done any act that should call upon them even these insinuations in regard to their loyalty. If I was disposed to bandy epithets or hurl back charges I could do so in the same language and with as much propriety, but there is no argument in that. I think gentlemen must see the impropriety of pursuing a course of that kind.

Mr. McCLURG. I stand upon this floor as one willing to go to the furthest mark to bring about unity of action on art occasion of this kind, but I think the demand made at this time, under the present circumstances, is unreasonable. I am decidedly in favor of the amendment proposed by the Senator on my left [Mr. Johnston] for I would not force nor urge the proposition as it came from the other end of the capitol, from the fact that I concede to the opposition the necessary rules that govern their party. I would not wish to force them into an election before they had sufficiently consulted one with another and presented their candidate, and to-night will afford them ample time and opportunity to act with the unanimity they may require, I am in favor of the majority ruling, and I recognize that principle in time of peace as well as in time of war. I regard it as being the heart and life blood of our institutions, and we must not only recognize it to-day and to-morrow but in all time to come. Whenever we disregard that great, principle which underlies the foundation of our government, that the majority shall rule, we bring upon ourselves anarchy and rebellion. It seems to me the apprehensions of gentlemen on the other side are unfounded. As far as I am concerned they may dismiss for all time to come the apprehension that the State of Indiana will ever go out of this Union by the action of the Democratic party. We are for the Union of all the States, and two years ago page: 41[View Page 41]Switch to Image Mode CLOSE Page 41 we plead with the majority here to avert the danger that stares us in the face to-day:--we would much less consent that Indiana should be blotted out from it.-- Gentlemen need not entertain the thought that any candidate we will present for United States Senator will tolerate for a moment such an idea.

Mr. CLAYPOOL. If Thomas A. Hendricks was to favor the idea of Indiana joining the Southern Confederacy, would you go for him?

Mr. McCLURG. It is so preposterous a position I could not entertain it for a single moment.

Mr. MURRAY. If an amendment was before the Senate to postpone the election until next Tuesday I should vote for it, and if the next question turns upon the amendment offered, bringing on this election to-morrow at 3 o'clock, I should vote for that. We have had sufficient parley upon this question. We have had a committee of conference appointed by the President to take into consideration the difference between the two parties and they have conferred together and introduced propositions before the Senate and these propositions have been fairly and squarely met by both parties: and as a Senator willing to see the legitimate business of the State proceed, I am for getting rid of this question as soon as possible.

The amendment was agreed to by yeas 40, nays 6.

The resolution as amended was then adopted.

TO WAIT ON THE GOVERNOR.

The House resolution appointing a Joint Committee to wait on the Governor and ask when he will be ready to deliver his message was taken, up and concurred in, and Messrs. Brown, of Wells, and Browne, of Randolph, appointed the committee on the part of the Senate.

THE STATE OF THE UNION.

Mr. COBB offered the following preamble and resolutions which were referred to the committee on Federal Relations:

WHEREAS, Disagreements may arise in the present imperiled and calamitous condition of our country as to the best means of restoring to it the former peace, prosperity and happiness which it so long enjoyed; and whereas, this Senate, and every member thereof, "banishing all passion and resentment," and appealing to the higher and loftier sentiments of love of country, do desire, in the presence of imminent danger to our sacred Constitution, to do no act not consistent with the obligations which they owe to the people of Indiana and to the people of the several States comprising the American Union; and whereas, it is essential to the rightful progress of legislation that a united effort should be made to give force and vigor to those great elemental principles of popular freedom so intimately interwoven with our National and State Constitutions, and so dear to our people everywhere; and whereas, it is the anxious desire of all loyal citizens that their representatives and servants shall so conduct the public affairs that peace shall be speedily restored, rebellion against the laws suppressed, the Union re-established as it was, the National tax gatherer withdrawn from the States, the liberty of speech and of the press recognized as the sacred inheritance of freemen, the several Commonwealths again bound together in a union of brotherhood never again to be shaken by the devices of Secessionists or Abolitionists, and our gallant soldiers again allowed to return to their kindred and friends; and whereas, this great good can only be accomplished by the aid of the several State authorities acting in concert with, a patriotic National Executive and a Congress devoted to the Constitution; therefore,

Resolved, That this Senate, acting for and in behalf of the people of Indiana, regard the maintenance of the Union of the States us of the first importance, and that its members pledge to each other devotion to that sacred task, believing that while that Union exists we have the promise of present and future blessings for our beloved land; and we further declare that we are prepared to aid every departmental our State Government in upholding that Union, to. the extent of our constitutional powers.

Resolved, That we are opposed to all acts of the National Executive which tends to subvert the liberties of the people or to interfere with the rightful powers of the states; and declare in the language of General Washington, that "it is important that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to confine themselves within their proper constitutional spheres; avoiding in the exercise, of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus create, whatever may be the form of government, a real despotism. ****

To preserve [free institutions] must be as necessary as to institute them. But let there be no change by usurpation: " We adopt this language of the father of his country, and ask and acknowledge no higher badge of loyalty to our beloved country.

Resolved, That this Senate acknowledges its obligations to aid in defending, supporting and obeying the Constitution of this State and of the United States, and of upholding the Union made under and by virtue of that Constitution--that, for this purpose, it is prepared to unite with the Executive and other branches of the State Government in every proper measure for these desirable ends; but it is the solemn purpose of this Senate to abdicate none of its powers of legislation, nor to abandon any of its unquestioned rights for giving a full and fair expression of that popular will by which it was invested. It will hear all suggestions for the peaceable compromise of disagreements, but ultimatums, coming from what source they may, must be rejected. In the choice of agencies, for accomplishing the safety of the people and the Union, this Senate must have a voice.

Resolved, That this Senate has witnessed with regret, for many months past, a disposition on the part of the Administration and Congress, to abandon the policy to which it was pledged, at the beginning of this unhappy and deplorable civil war--that both the President and Congress have departed from their promises to the nation, and given sad and unmistakable proof that the country has been wronged in the objects for which this war has been conducted. The President declared in his inaugural message (and repeated the same in his annual message in substance) as follows: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." And the Thirty-Sixth Congress, by a unanimous vote, declared, "That neither the Congress of the United States, nor the people or Governments of the non slave-holding States, have the constitutional right to legislate upon, or interfere with the institution in any of the slaveholding States of the Union." These sentiments of the President and Congress meet our hearty approval, and all acts in derogation thereof have our mature and decided condemnation.

Resolved, That the pledge of the present Congress, on the 22d day of July, 1861, in the face of

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the dangers which threatened the Capital, "that this war was not waged, on our part, in any spirit of Oppression, nor for any purpose of conquest or subjugation, nor for the purpose of overthrowing or interfering with the rights or established institutions of these States, but to defend and maintain the supremacy of the Constitution and to preserve the Union, with all the dignity, equality and rights of the several States, unimpaired" brought six hundred thousand men into the field in defense of our sacred institutions; and that it was in our opinion, "most unjust and ungenerous to give any new character or direction to the war," especially for the accomplishment of any mere party or sectional scheme, and that so far as this has been done, it meets the unqualified disapproval of this Senate, as it has of the State of Indiana.

Resolved, "That, (in the language of John J. Crittenden and the conservative members of the present Congress) the Constitution confers powers adequate to all the purposes of peace or war--that it is the same in war or in peace, on the battle field and in the halls of Congress, and ought to be sacredly observed everywhere--and the presumptuous idea that has been advanced by some of the Abolition leaders in Congress, that the existence of war invests Congress with despotic power, is a pretension as groundless as it is odious, and is to be utterly condemned by every man who has any regard for his own liberty, or for the Constitution of his country."

Resolved, That the frequent arrest and incarceration in prisons of persons resident in this and other States, without warrant or authority of law, and without trial or opportunity to confront their accusers, is a grave offense against the Constitutions of this and neighboring States, and one which calls for a speedy and effective remedy. Whether these wrongs have been perpetrated by National or State authority, makes but little difference; but the remedy is with the law making power, and that remedy must be asserted. The freedom of speech and of the press belongs to the citizen, and the law, and not the President or Governor, must regulate the abuse of those great agencies in popular discussion. We adopt the language of Daniel Webster (the great expounder of the Constitution,) and declare: "important as we deem it to discuss, on all proper occasions, the policy of the measures at present pursued, it is still more important to maintain the right of such discussion to its full extent. Sentiments lately sprung up, and now growing popular, render it necessary to be explicit on this point. It is the ancient and constitutional right of this people to canvass public measures, and the merits of public men. It is a home-bred right, a fire side privilege. It has ever been enjoyed in every house, cottage and cabin in the nation. It is not to be drawn in controversy. It is as undoubted as the right of breathing the air and walking on the earth. Belonging to private life as a right, it belongs to public as a duty. * *
This high constitutional privilege we will defend and exercise within this House and without this House, and in all places--in time of war, in time of peace, and at all times, Living, we will assert; dying, we will assert it; and should we leave no other legacy to our children, by the blessing of God we will leave to them the inheritance of free principles, and the example of a manly, independent and constitutional defense of them."

Resolved, That the emancipation proclamation of the President of the United States is, in the opinion of this Senate, an executive usurpation, a measure of great injustice to the nation, and is calculated to bring upon the country the dire calamities of permanent disunion, murder, bloodshed, rapine, and other nameless atrocities, and that the same ought to be promptly withdrawn. We adopt the language of John Quincy Adams, the learned and able statesman, now no more, and declare: "The principle is, that the emancipation of enemies' slaves is not amongst the acts of legitimate war. As related to the owners, it is a destruction of private property, no where warranted by the usages of war.* *

No such right is acknowledged as a law of war by writers who admit any limitation. The right of putting to death all prisoners of war in cold blood, and without special cause, might as well be represented to be a law of war, or the right to use poisoned weapons, or the right to assassinate."

Resolved, That this war, so long desolating the land, and wasting the blood and treasure of a kindred people, ought to be speedily brought to a close, either by the active overthrow of the rebellion by force of arms or by the more humane and Christian agencies of compromise and concession; and that we solemnly declare our conviction that one or the other mode must be soon successful, or the nation is undone. The majority of this Senate favored the latter mode of settlement, as the legitimate remedy for sectional passion; but the party in possession of the Government adopted the war policy, and its experiments have been attended with but little advantage. We suspect that the declaration of Secretary of Seward is to be fulfilled, and that war and coercion is no the rightful remedy for our troubles. In his dispatch to Mr. Adams, our minister to England under date of April 10, 1861, Mr Seward said: "For these reasons, he (President Lincoln) could not be disposed to reject a cardinal dogma of theirs [the seceding States,] namely, that the Federal Government could not reduce the seceding States to obedience by conquest, even though he was disposed to question the proposition. But, in fact, the President willingly accepts it as true. Only an imperial or despotic Government could have the right to subjugate disaffected and insurrectionary States. This Federal Republican system of ours is of all forms of Government, the very one which is most unfitted for such a labor." This Senate neither controverts nor adopts the theory to the despotism of coercion, nor the ability of the Federal Government to reduce to obedience the seceding States; but it may ask the world to decide, if that there be true for what has this carnage and desolation been inaugurated, and for what purpose do these graves open to receive the gallant soldiers of the republic? If it be for any purpose less sacred than the restoration of the Union, then this Senate declares that the war is unworthy the support of a civilized and Christian nation, and must end in the final overthrow of our present form of constitutional Government.

HOUSE OF REPRESENTATIVES.

TUESDAY, JANUARY 13, 1863

Mr. WILLIAMS presented a petition from certain citizens of Lawrence county, asking for legislation enforcing the 13th article of Constitution, designed to prevent negro immigration.

Mr. ANDERSON presented a petition from sundry citizens of St. Joseph county, asking father legislation for the protection of wild game. Which were read and severally referred to the Committee on Rights and Privileges.

OUR BRAVE SOLDIERS

Mr. PUETT offered a joint resolution in regard to the armies of the United States, commendatory of their valor, and especially thanking the troops from Indiana. Also endorsing and approving the conduct of Gens. McClellan, Burnside, Buell, Rosecrans and other officers who have led our army to victory, and applauding their patriotic valor, which was read the first time and referred to the Judiciary Committee.

ELECTION OF U.S. SENATORS.

Mr. SHOAFF offered a resolution that page: 43[View Page 43]Switch to Image Mode CLOSE Page 43 the House, the Senate concurring, will go into the election of United States Senators this afternoon at 3 o'clock.

Mr. NOYES made an ineffectual motion to insert 3 o'clock to-morrow instead of 3 o'clock to day.

The resolution was adopted.

FEES AND SALARIES.

Mr. HOLCOMB offered a resolution, which was adopted, directing the proper committee to inquire into the expediency of a bill to reduce fees and salaries of officers throughout the State, which may be ascertained to be too high.

HOUSE POLICE.

Mr. PUETT offered a resolution, which was adopted appointing a committee of three to inquire as to the number of officers and assistants necessary to aid in carrying on the business of the House, and reducing them to the lowest number.

NEGRO IMMIGRATION

Mr. WOOLLEN offered a resolution, which was adopted, referring all bills and resolutions relative to the 13th Article of the Constitution to a select committee of one from each Congressional District.

COSTS OF MALICIOUS PROSECUTIONS.

Mr. HALL offered a resolution, which was adopted, relative to the reduction of lees and costs in cases of prosecution through spite and malice.

SICK SOLDIERS.

Mr. JOHNSON offered a resolution, which was adopted, instructing the committee on Military Affairs to inquire what legislation is necessary farther to provide for the comfort of sick and wounded soldiers in the service of their country, and for the maintenance of those permanently disabled.

NEW PROPOSITIONS.

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

By Mr. GREGORY. [7] amending section 10 of the act defining the jurisdiction of Justices of the Peace.

By Mr. NEWMAN, [8] amending section two of the act relative to copartnerships--relative to the duties of surviving partners.

By Mr. MILLER, [9] repealing the act relative to fees and salaries of State officials, passed June 8, 1861.

By Mr. JAMES, [10] investing the title to the grounds of the County Seminary of Grant county in the County Commissioners of said county.

By Mr. GIVEN, [11] an act to enforce the 13th article of the Constitution prohibiting negro immigration and to provide for the registering of all resident negroes.

By Mr. CASS [12] for the relief of Joseph M. Dorr, of Porter county, perfecting the title of certain lands in him.

By Mr. NOYES. [13] to create the 14th Judicial Circuit, consisting of the comities of Elkhart, Lagrange, Steuben, DeKalb and Noble.

AFTERNOON SESSION.

Mr. HOSTETTER offered a resolution, which was adopted, that the Committee on Roads inquire into the expediency of exempting the volunteers discharged from the United States service for disability from working on the roads.

SWAMP LANDS.

Mr. COLLINS offered a resolution which was adopted, instructing the Swamp Land Committee to inquire whether additional legislation is necessary to enable claimants on the Swamp Land Fund to obtain their money.

AGRICULTURAL.

Mr. WATERMAN offered a resolution, which was adopted, relative to the act of Congress granting lands to Agricultural Societies and Colleges--instructing proper committee to inquire what legislation is necessary in order to obtain what may be due Indiana in the premises.

GOVERNOR'S MESSAGE.

On motion by Mr. BROWN, it was--

Resolved, That a committee of three on the part of the House and two on the part of the Senate, be appointed to confer with his Excellency, the Governor, and ascertain at what time it will suit his pleasure to deliver his annual message to the General Assembly of the State of Indiana.

The SPEAKER appointed Messrs. Brasnham, Brown and Niblack, to act on the part of the House.

TEMPERANCE.

Mr. BREGAN introduced a bill [14] amending the act regulating the retailing of spirituous and vinous liquors which was read the first time and passed to the second reading.

IN SENATE.

WEDNESDAY, January 14, 1863.

n motion by Mr. BROWN, of Wells, it was--

Resolved, That the Committee on Judiciary be instructed to inquire whether, or not, sufficient power is invert by the Constitution to the legislative branches of the State government, to compel the attendance of their members; if not, whether or not an amendment or amendments to the Constitution, conferring such power be advisable; or, if such power is given by the Constitution, whether or not any legislation in pursuance there is needed, and that they report, at the earliest practicable period in the session, by bill or otherwise.

On motion by Mr. MOORE, in was--

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of abolishing the office of Attorney General, with power to report by bill or otherwise.

QUALIFICATIONS OF MEMBERS.

Mr. CLAYPOOL offered the following, which was adopted:

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WHEREAS, It is said that the Senator from Henry, Hon. Joshua H. Mellett, the Senator from Laporte, Hon. A. Teegarden, the Senator from Shelby, Hon. Martin M. Ray, the Senator from Miami, Hon. Daniel R. Bearss, have since their election as Senators, been appointed and discharged the duties of Enrolling or Drafting Commissioners for their respective counties, therefore

Resolved, That the committee on Elections be instructed to inquire and report to this Senate whether the Senators aforesaid have vacated their seats in this Senate, by their acceptance of the position of Carolling or Drafting Commissioner as aforesaid.

On motion by Mr. BRADLEY, it was--

Resolved, That the Auditor of State he requested to communicate to the Senate, whether the Taxes levied by the State from time to time upon the property of corporations for common School purposes, has been set aside and distributed to the Counties as Principal of the Common School Fund, or whether or the same has been distributed under the head of Interest of Common School Fund.

Mr. MARCH introduced a joint resolution [S. 1] to amend the Constitution so as to empower incorporated cities and towns to levy special school taxes, which was read the first time and passed to the second reading.

NEW PROPOSITIONS.

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

By Mr. NEW, [6] ceding to the United States of America jurisdiction over certain lands and their appurtenances, in the county of Marion, and exempting the same from taxation.

By Mr. WILSON, [7] to amend sections 33 and 35 of an act to provide for a general system of common schools, approved March 11. 1861.

By Mr. BROWNE, of Randolph [8] to repeal an act to provide for the election of the Attorney General of the State, approved February 21, 1855.

By Mr. BROWNE, of Randolph, [9] repealing the tenth section of an act entitled an act to establish Courts of Conciliation, approved June 11, 1852.

ELECTION OF STATE OFFICERS.

The House resolution to go into the election of Agent of State, President of Sinking Fund Commissioners, State Printer and State Librarian at 4 p.m., to day was taken up.

Mr. LANDERS moved to concur with an amendment striking out "State Printer." Last year the Democratic party contended that the office should be abolished, and he now wished the election for this officer to be deferred until it could be ascertained if economy would be promoted by abolishing the office.

Mr. MOORE feared a trick. The party in caucus decided to go into the election and nominated a candidate, and he wanted to adhere to that action.

The amendment was agreed to, and the resolution as amended was adopted.

On motion, the Senate took a recess till 2 o'clock, p. m.

AFTERNOON SESSION.

A message from the House announced the concurrence of that body in the resolution of the Senate to go into the election of President of Sinking Fund and other officers at 4 p.m.

FEES AND SALARIES.

Mr. WOLFE offered a resolution, which was adopted, that the Auditor of State be requested to lay before the Senate an abstract of fees and salaries on file in his office.

ILLEGAL VOTING.

Mr MARCH introduced joint resolution [2] to amend the 2d section of Article of the Constitution--so that the Legislature can more effectually guard against fraudulent voting, which was read the first time and passed to the second reading.

ANIMALS IN TOWNS.

Mr. TEEGARDEN offered a resolution, which was adopted, that the Committee on Corporations report on the expediency of so amending the act incorporating cities as to make the owners of stock running at large liable for damage done.

The hour fixed by the concurrent resolution having arrived upon the invitation of the House the Senate proceeded to the hall of the House to go into Joint Convention for the election of United States Senators.

When the Senators returned to their chamber the Senate adjourned.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, January 14, 1863.

The House resolution to elect United States Senators, with a Senate amendment that it be at 3 p.m. to-day was taken up and the amendment concurred in.

ROAD LAW.

Mr. NOYES presented, a petition from citizens of Steuben county, for an amendment of the road law which was referred to the committee on roads.

Mr. ATKISON offered a resolution, which was adopted, in reference to requiring but four days' work on the road from those liable to road duty.

Mr PACKARD offered a resolution, which was adopted, that the committee on railroads inquire what legislation is necessary to secure prompt transportation of freight.

STATE OFFICERS.

Mr. HOLCOMB offered a concurrent resolution to proceed to the election of certain State officers at 4 p.m., to-day.

Mr. GRIFFITH made an ineffectual motion to amend by making the time 10 a.m. to-morrow.

The resolution was adopted.

STATE PRINTING OFFICE.

Mr. WOODRUFF offered a resolution, page: 45[View Page 45]Switch to Image Mode CLOSE Page 45 which was adopted, that the committee on Benevolent Institutions inquire into the propriety of establishing a printing office in the Deaf and Dumb Asylum, to do the State Printing.

COURT OF COMMON PLEAS.

Mr. WATERMAN offered a resolution instructing the committee on organization of Courts of Justice to prepare a bill abolishing Courts of Common pleas.

Mr. PUETT moved to amend by making the resolution one of inquiry and not of imperative instruction. The amendment was agreed to, and the resolution adopted.

WITNESSES.

Mr. SHAFFER offered a resolution, which was adopted, instructing the Committee on Judiciary to inquire as to the expediency of certain amendments of the Practice Act, providing for the re-enactment of section 238, which had been repealed.

THE STATE OF THE UNION.

Mr. BURTON offered the following:

WHEREAS, Civil war has existed in the United States for the past nineteen months or more, calling forth all the energies of the Government and involving in the fraternal strife all that is sacred and dear to the American people; and

WHEREAS, Indiana has contributed largely and freely of both men and money to the demands of the Government, under the pledge of the Administration that the war should be waged solely for the maintenance of the Constitution and the enforcement of the law; and

WHEREAS, The Administration has proven false to that pledge, and under the tyrant's plea of ''military necessity," has usurped powers unwarranted by the Constitution and unsanctioned by law, the exercise of which falls heavily alike upon the loyal and disloyal, the innocent and the guilty, thereby destroying all the safeguards of freedom and independence which the federal Constitution has thrown around the citizen, and

WHEREAS, under this plea of military necessity, the President as Commander-in-Chief of the Army and Navy, has issued an Abolition proclamation giving freedom to the slaves from and after the 1st day of January, 1863; and in order that the people of Indiana and other loyal States might not raise their voices against this fatal blunder and plead for the Constitution and the Union as our fathers made them, he thereupon issued another proclamation declaring martial law all over the United States, denying to the citizens of loyal States where civil authority should reign supreme, the privilege of that sacred and cherished writ of habeas corpus, thereby crippling free speech and discussion upon his Abolition policy while he might wield the largest army the world ever saw for the purpose of accomplishing his hellish scheme of emancipation without regard for State laws, State Constitutions, or the reserved rights of the States, and without regard for his former vows and pledges to the contrary, which looked to the restoration of the Union, with all the rights and institutions of the several States unimpaired; and

WHEREAS, The late elections in Illinois, Indiana, Ohio, New Jersey, Pennsylvania, and New York, by the triumph of conservatism over fanaticism, have demonstrated that the people(the honest voting yeomanry of the land, who have to pay the fiddler while the office-holders dance) utterly condemn and repudiate the Abolition policy of the Administration, which was made an issue before them, as unwise, impolitic and unauthorized by law; and the further fact that they regard his unprecedented usurpations of power as a giant stride to-ward "military despotism," and therefore dangerous to the liberties of a free and loyal people; therefore,

Resolved, That Indiana, appealing to the one hundred thousand soldiers she has sent to the field and to the millions of money she has spent in the struggle, for proof of her loyalty, and relying upon her long devotion and fidelity to the Constitution and the Union for the justice of her cause, throws herself behind the broad shield of the Constitution, and views with deep regret and alarm the weakness, indecision and incompetency of the present Administration, whose policy tends to strengthen instead of weakening the rebellion, to prolong rather than to shorten the war.

Resolved, That Indiana recognizes in no Administration the government to which she owes allegiance; that she, as a loyal State, knows no loyalty save devotion and fidelity to the Constitution of the country and as such will assert and defend her right, or the right of her citizens, to approve or condemn an Administration, according as it is faithful or unfaithful to that sacred chart of our liberties.

Resolved, That the President in refusing to heed the warning voice of the conservative States North, which recently spoke in thunder tones through the ballot-box, ignoring his Abolition policy and unwarranted usurpations, and demanding a return to the old landmarks of the Constitution, hug exhibited a reckless disregard for the wishes of the people and a wanton determination to cater to the whims of Abolition fanatics, even though it involves our Government and our liberties in one common ruin.

Resolved, That Indiana has viewed with alarm, and borne with forbearance the arrest and imprisonment of her citizens without authority, save the straps upon the shoulders of the military officers, and without cause save some vague charge of disloyalty, until justice, liberty and humanity proclaim it intolerable and cry for retribution.

Resolved, That while the President persists in his Abolition policy in the conduct of the war, and sanctions the indiscriminate arrest and incarceration of her good and loyal citizens, denying them the privilege of the writ of habeas corpus, Indiana will never voluntarily contribute another dollar, to be used for such wicked, inhuman and unholy purposes.

Mr. BURTON moved to refer his resolutions to the committee on Federal Relations.

Mr. ANDERSON made an ineffectual motion to lay the motion on the table.

The motion to refer was agreed to by yeas 57, nays 37.

Mr. KENDRICK offered a resolution, to the effect that there was every reason to believe that there were traitors in the loyal States, sympathizing, communicating with, and aiding traitors in the South; and that their machinations ought to be promptly met by the Government, justifying arrests by the military authorities of persons discouraging enlistments, as legal and constitutional.

Mr. NEWMAN offered a resolution, declaring all engaged in rebellion against the government of the United States guilty of treason, and that they ought to suffer the penalty prescribed by law therefor.

These resolutions were severally referred to the committee on Federal Relation.

NEW PROPOSITIONS.

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

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By Mr. FORESTER. [15] authorizing the Governor to issue- a patent to Aaron Pope for certain lands in Laporte county.

By Mr. GREGORY. [16] to enable landlords and tenants to contract with each other so as to protect the rights of all parties.

By Mr. FORESTER, [17] relative in deeds of conveyance by executors.

By Mr. BROWN, [18] amending section 6 of the act regarding estrays and property adrift.

By Mr. PACKARD. [19] supplemental to an act enforcing the 13th article of the constitution.

By Mr. ATKISON. [20] amending section 46 of the common school law.

By Mr. BIRD. [21] relative to interest on bonds, bills and notes; authorizing 10 per cent, par annum, as stipulated between parties.

By Mr. GIVEN, [22] amending section 27 of an act regulating the granting of divorces.

By Mr. ANDERSON, [23] relative to titles in lands held by Agricultural Societies.

Br Mr. NEWMAN, [24] amending section 10 of the common school law.

By Mr. LEMMON of Spencer, [25] relative to the duty of Supervisors.

LEGISLATIVE EXPENSES

The bill [S.1] appropriating $75,000 for the expenses of the present session of the Legislature was taken up, read twice, the rules being suspended for that purpose and referred to the committee on ways and means.

AFTERNOON SESSION

The following House bills were read the second time and referred to appropriate committees:

Mr. Gregory's [7] justice's jurisdiction.
Mr. Newman's [8] regulating partnerships.
Mr. Miller's [9] fees and salaries.
Mr. James' [10] Grant county Seminary.
Mr. Given's [11] negro extension.
Mr. Cass' [12] to relieve J. M. Dorr.
Mr. Noyes' [13] 14th Judicial circuit.
Mr. Bregan's [14] license act.

NEGRO EXCLUSION.

The SPEAKER announced the following select committee, one from each congressional district to whom are to be referred all bills relative to the 13th article of the constitution: Messrs. Woollen, Given, Ryan, Brown, Van Buskirk, Moorman, Hanna, Cass, Bird, Gregory and Leeds.

The $200 EXEMPTS.

On motion by Mr. Brown, it was--

Resolved, That his Excellency, the Governor be requested to inform this House at an early day, whether any money has been paid by any person or persons conscientiously opposed to bearing arms, to any military or other officer in the State; and if so, what disposition has been made of the same.

Mr. HANNA, offered the following:

WHEREAS, His Excellency, Governor O.P. Morton in the midst of his arduous and patriotic endeavors as Commander-in-Chief of the military and naval forces of the State of Indiana, has neglected to deliver his annual message to the General Assembly thereof; therefore,

Resolved, That this House adopt the exalted and patriotic sentiments contained in the message lately delivered to the Legislature of New York by his Excellency, Horatio Seymour.

Pending its consideration, the Senate, preceded by the President thereof, entered the hall, and both Houses met in.

JOINT CONVENTION.

The PRESIDENT of the Senate called the Convention to order, stating the object thereof.

Senator RAY offered a resolution which was adopted to the effect that the Convention at once proceed to business.

U.S. SENATOR SHORT TERM.

Representative BIRD nominated Hon. David Turpie. of White county, as a candidate for the term of United States Senator expiring March 3, 1863.

Representative MOORMAN no9minated Hon. Daniel D. Pratt, of Cass county.

Mr. Turpie received 85 votes; Mr. Pratt 62.

The PRESIDENT declared Mr. Turpie duly elected.

The convention then proceeded to ballot for

U.S. SENATOR. LONG TERM.

Representative BLOCHER nominated Hon. Thomas A. Hendricks of Marion county.

Senator MARCH nominated Hon. Joseph A. Wright, of Parke county.

Mr. Hendricks received 85 votes, Mr. Wright 61, and Shuyler Colfax 1, (Representative Kilgore)

The PRESIDENT declared Mr. Hendricks duly elected United States Senator for six years from the 4th day of March, 1863.

The Convention then proceeded to ballot for

AGENT OF STATE

Representative HOLCOMB nominated John C. Walker, of Laporte.

Representative MOORMAN nominated James D. McDonald, of Fountain.

Mr. Walker received 83 votes, Mr. McDonald 69, blank 1, (Representative Forester.)

Mr. Walker was declared duly elected.

The Convention then proceeded to ballot for

PRESIDENT BOARD SINKING FUND.

Representative HOLCOMB nominated Washington H. Talbott, of Marion.

Senator MARCH nominated Elijah B. Martindale, of Marion.

Mr. Talbott received 86 votes; Mr. Martindale, 60, Gen. E. Dumont, 1, (Representative Atkison.)

Mr. Talbot was declared duly elected.

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The Convention proceeded to ballot for

STATE LIBRARIAN.

Representative HOLCOMB nominated David Stevenson, of Marion.

Representative MOORMAN nominated R. D. Brown of Dearborn.

Mr. Stevenson received 85 votes; Mr. Brown. 61; excused, 1, (Representative Brown.)

Mr Stevenson was declared duly elected.

On motion by Senator WOLFE, the officers of the Convention were directed to certify the elections just made to His Excellency, the Governor.

Senator COBB moved to adjourn to 10 o'clock a.m. on Friday to elect other State Officers.

Senator MARCH rose to a point of order, that this motion was contrary to custom and to the joint rules.

The PRESIDENT of the Senate decided the motion was out of order, and said: There is no other business now before the Convention for which we have met this afternoon, I therefore pronounce the Convention adjourned sine die.

When the Senators had retired the House was called to order by the Speaker, and immediately adjourned.

IN SENATE.

THURSDAY. January 15, 1863.

Mr. MARCH offered a resolution, which was adopted, that the Secretary and Auditor of State and the President of the Board of Sinking Fund Commissioners report to the Senate the amount of all fees received by them, and what proportions had been paid into the State Treasury.

COUNTY COMMISSIONERS.

Mr. BROWN, of Randolph, offered a resolution that the committee on Organizations of Courts report on the expediency of reducing Boards of County Commissioners to one member, and that his pay be $5 per day.

On motion by Mr WILLIAMS the resolution was amended by striking out 5$.

The resolution as amended was adopted.

AGENT OF STATE.

Mr. MOORE offered a resolution, which was adopted, that the Judiciary Commit tee inquire into the expediency of abolishing the office of Agent of State, and report by bill or otherwise.

Mr. GRAVES offered the following which was rejected:

Resolved, That the Committee on County and Township Business be instructed to inquire into the into the expediency of allowing and requiring Boards of County Commissioners to make a suitable allowance to County Recorders for keeping up the general index to Deed Records in their respective offices.

On motion by Mr. HARTLEY, it was--

Resolved, That the Committee on County and Township Business inquire into the expediency of reporting a bill transferring the location, vacation or change of all public highways within the respective Townships, from the Board of County Commissioners to the township Trustees.

NEW PROPOSITIONS.

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

By Mr. DICKINSON. [10] to amend section nine of an act of amendment, approved March 9, 1861 of an act approved February 12, 1855, amending section second of an act concerning the organization of voluntary associations, and repealing former laws in reference thereto.

By Mr. BROWNE, of Randolph, [11] repealing the sixth section of the practice act, approved June 18. 1852.

WORK FOR COMMITTEES.

Senate bills were read the second time and referred to appropriate committees, to-wit:

Mr. Dickinson's, [2] volunteer's families.

Mr. Browne, of Randolph's, [8] amending section 103 of the Practice Act.

Mr. Blair's [4] amending sections 1 and 3 of the District Attorney's docket fee Act.

Mr. Dickinson's, [5] amending section 6 of the act vacating towns, streets, alleys, &c.

Mr. New's, [6] ceding to the United States certain lands.

Mr Wilson's, [7] amending sections 83 and 85 of Common School act.

Mr. Browne, of Randolph's, [3] abolishing the office of Attorney General.

Mr. Browne, of Randolph's, [9] abolishing courts of conciliation.

Mr. MELLETT offered the following, which was laid on the table.

That the committee are hereby instructed to place said bill [9] carefully in a pigeon hole and not return it to the Senate.

Mr. MARCH suggested that the Senator from Henry, [Mr. Mellett] be directed to watch the pigeon holes. [Laughter.]

Mr. March's joint resolutions proposing amendments to the Constitution [1] so that cities and towns may levy a special school tax and [2] guarding against fraudulent voting, were severally read the second time and referred to appropriate committees.

AFTERNOON SESSION.

Mr. MURRAY, from the committee on Military Affairs, reported back the House concurrent resolution recommending an increase of the pay of soldiers and a reduction of the pay of officers of the army, with a recommendation that its passage was inexpedient.

Mr. WILLIAMS hoped the report would not be adopted, if the private soldiers continued in the army it was only an act of justice to increase their pay.

Mr. RAY hoped the resolution would be sent back to the committee. He did not think there were five members of the Sen- page: 48[View Page 48]Switch to Image Mode CLOSE Page 48 ate who would vote against increasing the pay of private soldiers. There might be a difference of opinion in regard to reducing pay of officers. He moved to recommit with instructions to strike out all that relates to the reduction of the pay of officers.

Mr. MANSFIELD argued against the resolution on the ground that the country could not bear the increased expense.

Mr. CLAYPOOL would not fairly represent his constituent's if he did not support the resolution. The people of his section taxed themselves heavily to, in effect, increase the pay of soldiers, by making provision for the families of soldiers. The expense should be borne equally, and the increase of pay would do this.

Mr. SHOULDERS heartily approved the resolution. He came here to do all he could to increase the pay and the comforts of soldiers.

Mr. COBB argued in favor of the resolution, cost what it might to meet the increased expense. The men should be paid something near the value of their services, and it this generation could not pay it the next must. While he was in favor of this he was opposed to destroying property by proclamations and edicts.

Mr. MURRAY would favor the recommittal, with instructions. He was in favor of the increase to soldiers and opposed to reducing the pay of officers. He would go further, and vote for a till taxing the people of the State for the additional pay. He did not think the action here would effect any good, because it would be disregarded by Congress.

Mr. WOLFE did not think this Senate should stop to ask what would be the action in Congress. We should do right.-- He feared there were men in Congress who would disregard the instructions of the people, but we should do here as we would do if we were there, he was in favor of the resolution as it came from the House. The pay of officers was out of all proportion to that of privates. In the army corps the pay of the officers would amount to as much as that of the privates. By adopting the resolution of the House you did not increase the expense, but merely took from the pockets of one class and gave it to another and harder working class of the army. He moved to amend the amendment by instructing the committee to report the resolution back as it came from the House.

Mr. MELLETT favored the increase to noncommissioned officers and privates, and opposed the reduction of the pay of officers. The argument that the reduction in the value of the currency demanded an increase of the pay of privates applied with equal force to officers.

Mr. LANDERS as a member of the Military committee, thought it but right that he should say that he was in favor of the resolution precisely as it came from the House.

Mr. MARCH was in favor of the resolutions as they came from the Committee.-- The rates of pay is wrong and always be been, It was the offspring of aristocrat, governments, and not suitable to the genius of our institutions.

Mr. RAY favored increase of the pay of privates on the ground of the reduction currency. The pay of officers had already been reduced by an act passed last July. and which took effect in October, and they were also taxed 3 per cent, on their salaries by the income tax bill. The induction in the value of the currency also affected them as well as it did the privates.

On motion by Mr. WILLIAMS pending motions were laid on the table 18, nays 17.

The Senate refused to concur in the committee report by years 11, nays 35.

Mr. RAY moved to strike out in the original resolution all that relates to pay officers.

Mr. WOLFE made an ineffectual motion to lay that motion on the table.

Mr. BROWN, of Wells, moved to amend the amendment by inserting in its proper place the words "twenty per cent" as applied to officers.

On motion by Mr. MURRAY the amendment was laid on the table.

Mr. BLAIR moved to strike out the words "at least 25 per cent." and insert "not exceeding 25 per cent."

On motion by Mr. RAY the amendment was laid on the table by years 32, nays 13.

The pending motion [Mr. Ray's] to strike out was rejected by yeas 22, nays 23.

Mr. BROWNE of Randolph, moved to amend by striking out all that relates to the pay of officers, and by instructing our Representatives in Congress to inquire into the expediency of reducing the pay of Commissioned Officers, so as to more nearly equalize the pay of officers and soldiers.

Mr. COBB moved to lay the amendment on the table.

HOUSE OF REPRESENTATIVES.

THURSDAY, JANUARY 15, 1863.

Mr. GREGORY offered a resolution, which was adopted, instruction the Judiciary Committee to inquire respecting the laws punishing assaults.

Mr. MASON offered a resolution, which was adopted, instructing the Committee on Judiciary as to the expediency of amending the election law.

STATE OFFICERS.

Mr. WOLFE offered a concurrent resolution, which was adopted, to proceed to page: 49[View Page 49]Switch to Image Mode CLOSE Page 49 the election of Directors of the State Prison, North and South, and of State Printer, at 2 o'clock, Wednesday next, in joint convention.

A NATIONAL CONVENTION, &C.

Mr. FERRIS offered the following:

Resolved, That the law of Congress erecting certain counties of Virginia into a State called the State of "Western Virginia," is an original and independent act of revolution and involves a plain breach of both the Constitutions of Virginia and the nation. Unlike the emancipation proclamation, it is not sought to be justified by its authors on the pretense of military necessity. Its passage by Congress and approval by the President betray, even more than any former act of Congress or of the President had betrayed, the deliberate purpose of the Administration and the political majority of Congress to set aside the Constitution and establish upon the common ruins of the Union and the sovereignty of the States a revolutionary government, monarchical and military in its character,and in which all the great guarantees of civil liberty, recently so recklessly assailed, will be known no more for ever.

Resolved, That it is to the people we must look for a restoration of the Union and the blessings of peace, and to these ends we should direct our earnest and honest efforts, and hence we are in favor of the assembling of a national convention of all the States, at Louisville, Kentucky, at the earliest practicable period, to so adjust our national difficulties that the States may live together in harmony, each being secured in the rights guaranteed respectively, to all by our fathers.

Resolved, That we earnestly recommend a cessation of hostilities for such period as may be necessary to allow the people of the North and South to express, through a National Convention, their wish for peace and the maintenance of "the Union as it was and the Constitution as it is."

Resolved, That the General Government has no power under the Constitution, to tax the people of the State of Indiana for the purpose of raising money with which to buy the slaves of the Southern States, and we now declare, in advance, that all debts contracted or bonds which may be issued for the purpose of paying for any such slaves, we hold to be utterly void, for want of authority to issue the same, and the State of Indiana will never consent that her people shall be taxed for any such purpose.

Mr. NOYES moved to lay the resolution on the table.

Mr. ATKISON moved an amendment, that the vote be taken separately. He was in favor of the first of the series. To the others he objected.

The motion was agreed to and the House refused to lay on the table the first resolution by nays 59.

The question recurring on laying on the table the three remaining resolutions:

The yeas and nays were demanded and being ordered and taken resulted--yeas 30, nays 61--as follows:

YEAS--Messrs. Anderson, Atkison, Baker, Budd, Cass, Chambers, Davis, Forester, Gregory, Griffith, Hershey, Higgins, Hutchings, James, Johnson, Junes, Kendrick,Kilgore, Lamb, Moorman, Morgan, Newman, Noyes, Perry, Pettibone, Robinson, Stone, Tarkington, VanBuskirk and Woodruff--30

NAYS--Messrs. Abbett, Bird, Blocher, Bregan, Brown, Burton, Byerle, Collins, Cook, De Bruler, Donaldson, Ferris, Garvin, Given, Gregg, Hall, Hanna, Harden, of Washington, Hardin, of Perry, Harney, Hetfield, Hon, Hostetter, Howard, Howell, Howk, Humphreys, Kemp, of Dubois, Kemp, of Vigo, Lake, Lasselle, Lee, Leeds, Lemmon, of Harrison, Mason, McGauchey, Miller, Milroy, Mustard, Mutz, Niblack, O'Brien, of Martin, Osborn, Packard, Pendleton, Priest, Puett, Reitz, Richardson, Rippey, Shaffer, Shoaff, of Allen, Shoaff, of Jay, Spencer, Veach, Waterman, Williams, Wolfe, Woollen, and Mr. Speaker--61.

So the motion to lay on the table was rejected.

The resolutions were then referred to the Committee on Federal Relations.

HON. HORATIO SEYMOUR.

Mr. PACKARD offered the following:

Resolved, By the House (the Senate concurring) that the thanks of the General Assembly of the State of Indiana are due, and are hereby tendered to the Hon. Horatio Seymour, Governor of New York, for the able and patriotic defence of the Constitution, the laws and liberties of the American citizen, contained in his late message to the Legislature of that State, and particularly for his just and high appreciation of the interests, position, and patriotism of the great North west. And that we assure him that the conservative people of our own beloved State are looking with deep solicitude and confidence to his executive action, believing that they will find in it a firm and determined resistance to the encroachments of a despotic Administration upon the liberties of the American people, as well as a bold defense of the independent sovereignty of the several States of this Union; and that such action will receive the warm sympathies and hearty co-operation of all the conservative citizens of this State.

Resolved, That the Speaker of the House be directed to forward copies of these concurrent resolutions to his Excellency, Governor Seymour, and to the Legislature of that State.

The yeas and nays were demanded and being ordered and taken resulted--yeas 53, nays 35--as follows:

YEAS--Messrs. Abbett, Bird, Blocher, Bregan, Brown, Burton, Collins, Cook, Donaldson, Ferris, Garvin, Hall, Hanna, Harden, of Washington; Hardin, of Perry; Harney, Hetfield, Hon, Howard, Howell, Howk, Humphreys, Kemp, of Dubois, Kemp, of Vigo, Lake, Lasselle, Lemmon, of Harri-son; Mason, McGauchey, Miller, Milroy, Mutz, Niblack, O'Brien, of Martin; Osborn, Packard, Pendleton, Puett, Reitz, Richardson, Rippey, Ryan, Shaffer, Shoaff, of Allen; Shoaff, of Jay; Spencer, Veach, Waterman, Williams, Wolfe, Woodruff, Woollen and Mr. Speaker--53.

NAYS--Messrs. Abdill, Anderson, Atkison, Baker, Branham, Budd, Byerle, Cass, Chambers, Davis, Gregg, Gregory, Hershey, Higgins, Hostetter, Hutchings, James, Johnson, Jones, Kendrick, Kilgore, Lamb, Leeds, Marshall, Moorman, Morgan, Mustard, Newman, Noyes, Perry, Pettibone, Robinson, Stone, Tarkington, and Van Buskirk,--35.

So the resolutions were adopted.

THE STATE OF THE UNION.

Mr. HUMPHREYS offered a resolution instructing Senators and requesting Representatives in Congress to take measures to suspend hostilities between the United States and the Confederate States, and for the calling of a National Convention for the reunion of the States under the Constitution.

Mr. BAKER offered a resolution to sustain the government and the war.

Mr. MORGAN offered a resolution against secession and the right of secession. These three resolutions were referred to the Committee on Federal Relations.

Mr. BROWN called up the resolution to send all political resolutions to the Committee on Federal Relations, without debate, and it was adopted.

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THE STATE OF THE UNION.

Mr. COOK offered a joint resolution condemning the war, but not the rebellion which was referred to the committee under the rule just adopted.

THANKS TO NURSES.

Mr. HON offered a resolution, which was adopted, returning the thanks of this House to the ladies of Indiana who have taken care of the sick and wounded in the hospitals.

STATE PRINTER.

Mr. ANDERSON offered a resolution, which was adopted, instructing the committee on Printing to inquire into the expediency of abolishing the office of public Printer.

THIRD JUDICIAL CIRCUIT.

Mr. NIBLACK introduced a bill [26] to fix the term of Courts in the 3d Judicial Circuit, which was read three times, under a suspension of the rules, and passed.

AFTERNOON SESSION.

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

By Mr. WATERMAN, [27] authorizing special sessions of County Commissioners in certain emergencies.

By Mr. LAMB, [28] amending the game laws--making it unlawful to shoot or trap quails or pheasants between the 1st day of February and the 1st day of October.

By Mr. MILLER, [29] amending the 37th section of the act defining misdemeanors--relative to disturbing lawful meetings of citizens so that persons asking questions, or who shall otherwise disturb public meetings shall be subject to a fine.

By Mr. WOLFE, [30] amending section 2d of the practice act, relative to witnesses.

By Mr. PACKARD, [31] authorizing the issuing of attachments on orders of injunction in certain cases.

WORK FOR COMMITTEES.

House bills were read the second time and referred to appropriate committees, to-wit:

Mr. Forester's [15] to relieve Wm. Pope. Mr. Gregory's [16] landlords and tenant.

Mr. Forrester's [17] executors and real estate sales.

Mr. Brown's [18] anti-negro.

Mr. Packard's [19] concerning negroes.

Mr. Atkison's [20] amending section 46 of the school law.

Mr. Bird's [21] allowing 10 per cent interest.

Mr. Given's [22] amending section 27 of the Divorce Law.

Mr. Anderson's [23] defunct Agricultural Societies.

Mr. Newman's [24] amending the school law.

Mr. Lemmon of Spencer's [25] amending the school law.

Mr. HANNA called up his resolution pending yesterday when the hour arrived for joint convention.

On motion by Mr. DONALDSON it was laid on the table.

IN SENATE.

FRIDAY, January 16 , 1863.

On motion by Mr. WILLIAMS the bill [H,R. 26] changing the time of holding Courts in the 3d Judicial Circuit was taken up, and, under a suspension of the rules, read three times and passed yeas 43, nays 0.

CONTESTED ELECTION CASES.

On motion by Mr. WOLFE, it was--

Resolved, That the committee on elections be requested to return to the Senate all matter referred to them in regard to the contested seats of Senators and the rights of Senators to their seats; and that when said matters are to returned the contestants and contestees, and the members whose rights to seats are called in question by the resolution introduced by Mr. Claypool [see page 44 of the BREVIER LEGISLATIVE REPORTS,] have the right to be heard before the Senate, by themselves or by counsel; and, when so argued, the same matter be returned to said committee for its further action.

Mr. SHIELDS reported the papers from the Committee on Elections, the order of business was suspended, and the case of W. H. Dill, Esq., contesting the seat of Mr. Dickinson, the sitting member from the counties of Noble, DeKalb and Steuben, was taken up. It was understood to be a test case, involving a point of law which would govern in several other cases.

On motion, seats were provided for tr parties and their attorneys on the floor of the Senate.

The PRESIDENT called Mr. Shields, the chairman of the committee on Elections, to the Chair.

Hon. JOSEPH E. McDONALD, as the attorney for Mr. Dill, addressed the Senate on the legal points at issue. The records show that Mr. Dickinson, and other members whose seats are contested, act as Enrolling Commissioners. Art. 2. sec. 9, of the Constitution of the State provides that "no person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to seat in the General Assembly, nor shall any person hold more than one lucrative office at the same time, except as in the Constitution expressly provided." He quoted from Chief Justice Marshall, in the case of the United States vs. Morris, to define the meaning of an office, and also from 8th Blackford, page 329, the case of Daley vs. The State, where the Supreme Court of Indiana adopted the definition given by Blackstone, as its decision or definition of the term. Now, was an Enrolling and Drafting Commissioner an office under this definition? There might be some doubt about the Enrolling Commissioner, but could be none as to the Drafting Commissioner. His business was continuous, and the emolument was lucrative. The office was created under the Act of Congress amending the Act of 1795, to give the President power to call out the page: 51[View Page 51]Switch to Image Mode CLOSE Page 51 militia for a longer term than 90 days, and to provide rules and regulations therefor. This made the rules and regulations a part and parcel of the law. General order No. 99, issued in August. 1862, prescribed the duties of Enrolling and Draft Commissioners. It was the act of the President by his agent, the Secretary of War, and was clearly a part of the law.-- The case decided by Chief Justice Marshall was pertinent to those under consideration--that of the United States vs. Morris. It was there decided that the Superintendent of Fortifications, although not expressly created by law, was an office, for reasons which he read. As to the definition of "ineligible" in our State Constitution, he read from 15th Indiana Reports, McPetridge vs. Carson, and from Ashing on Parliamentary law, commencing at page 31. The case quoted (McF. vs C.) he contended applied to the case under consideration. In the case of Mr. Browne, of Randolph, Mr. McDonald said that he (Browne) was elected at a special election, to fill a vacancy caused by the acceptance of a military appointment by General Stone. The law provides for the election of Senators biennially. His point was that under the law, the result of a special election could only hold until the time fixed by law for holding the election. It was also alleged by the contestant that Mr., Browne, held by appointment the office of Circuit Judge for one day He was unable to see that this was a disqualification, as the office was at the same time filled by another.

Mr. BROWNE, of Randolph, questioned the similarity of the cases quoted to those under consideration. On the point that persons ineligible at the time of election, but eligible at the period they would be required to act in the office to which they may be elected, he cited the cases of John Randolph, of Virginia, and Henry Clay, of Kentucky, and the more recent case of John Young Brown, of Kentucky. The object of the Constitutional provision requiring one half of the Senators to fee elected biennially, was to secure the coming in of one hall of the Senate every two years, but such provision could not be construed as prohibiting elections at other times than once in every two years. Were such the case, then there would have to be in his case two elections to fill one vacancy, created by General Stone's disqualification. He claimed that one election was sufficient, and that the person so elected was entitled to serve out the balance of the unexpired time of his predecessor. The time at which the question of eligibility of a Senator commenced was when he presented himself to take his seat, and not the time of his election. The Constitution provided that no person holding a lucrative office shall be eligible to a seat in the General Assembly, while in some other cases it was provided that no one should be eligible to an election to a particular office.-- If an office be accepted by any one elected Senator after the election, the duties of which expire before he takes his seat as Senator, he is not disqualified from hold- that seat. He contended that Enrolling and Drafting Commissioners were not United States officers, but, if officers at all, were officers of the State militia, as the manner of filling the President's quota of the militia of the States was left to the Governors thereof, and that no soldier or officer was in the United States service until he had been mustered into the service. This clearly showed the State's control up to the time the volunteer entered the army of the United States by the act of mustering. The Commissioners had received no commissions from the United States, and had discharged no duties connected with the army of the United States that did not end prior to the turning over of the drafted militia to the United States, The Constitution provided that no office of the militia should be considered lucrative to which was fixed no annual salary, and there being no annual salary paid to the Commissioners referred to, no disqualification could follow in accepting the position that would prevent Senators from holding their seats on that floor.

AFTERNOON SESSION.

Mr. RAY said that Enrolling Commissioners were not officers within the meaning of the Constitution, because the militia of the State being under State authority, the agents selected by the Governor to enroll the same had but to perform a specific temporary duty, and when that service was performed the functions of the agency ceased. Such agencies do not necessarily become offices. In a late case the Supreme Court had decided that where a Senator had served as a member of the Military Auditing Committee, raised under an act defining specific duties and fixing the compensation of its members, he had not accepted an office, but a special appointment to perform a certain service. The Governor of Indiana was almost daily appointing agencies to discharge certain duties which he is required to perform, such as an agent to purchase arms, and agents to go to the army to look after the sick and wounded, bring back soldiers' money, &c. No law existed creating such agencies, or the agencies termed Enrolling Commissioners, and in no case could either be considered an office. But if the latter was an office it was a State and not a Federal office. In the case of Kerr vs. Jones, the Supreme Court lately held that if Col. Harrison, of the 70th Regiment, held a commission in the Federal army he was holding two offices, and could not retain that of Reporter page: 52[View Page 52]Switch to Image Mode CLOSE Page 52 of the Supreme Court. But if he had been a Colonel of the drafted militia he would not have been disqualified from still holding the office of Reporter. The call for that militia was but for nine months, and no annual salary could be affixed. He contended that the President had made the call not directly on the militia but upon the State Executive. Congress had the right to pass a law directly calling out the militia, bat it had not done so. The President had no power to control the State militia until it was in the active service of the United States. The active service did not commence before the muster into the service of the militiamen. The duties of Enrolling Commissioners were to enroll the able-bodied militia of the counties. They never were appointed Drafting Commissioners, but executed the duties of drawing by lot from the enrolled militia, under orders from the Adjutant General of the State. When this was done the names were reported to the sheriff of the counties, who called out the drafted men. Judge Story, in his commentaries says, that the President of the United States is not Commander-in-Chief of the militia until they are called into active service. Until that is done, they are under the control of the Executive of the several States. If an office, it was a State office. It was not a civil, but a military office of the State, and excepted by the Constitution as a disqualifying office. The usage of Parliament was cited to show that the statesmen in England, as well as in this country, held that ineligibility at the period of election did not have force if the party was eligible at the period of taking the seat. The weight of authority was all in favor of this view. He asked when the prohibition applied to Mr. Dickinson? Not when he was elected in 1860, for he was eligible then and had served two sessions since, nor during the vacation, because he had held no office that did not expire with the expiration of its temporary duties. It could not be now, for the Constitution said no one was eligible to a seat who "holds" a lucrative office, and he held no such office then. The Enrollment was made in August and the draft concluded in October. Administrative and judicial offices were continuous, legislative were periodic. A holder of the former class could not hold two offices at the same time because of their incompatibility, but the latter class could divest themselves of the one at their pleasure and hold the other without begetting any disqualification, for when the incompatibility was removed the party could assume the other office. Many years ago, in 1826, a resolution was introduced in the Legislature declaring that Governor Ray had vacated the office of Governor by visiting a tribe of Indiana and treating with them under authority from the General Government, but it was voted down. The case of Leroy Woods in 1857 was different. He accepted a lucrative office created while he was a member of the Senate, and for that reason it was decided that he vacated his seat thereby. It was the rule of parliamentary law, as expounded by Cushing, that when it was provided that a person holding a lucrative office was not eligible to election to an office the ineligibility took effect at the time of the election, but where it was provided that such person was ineligible to a seat in the General Assembly, the disqualification-must exist at the time of taking his seat, and that the office to which exception is taken must be held at the time of taking the seat. He wished the Senate to bear in mind that the case from Chief Justice? Marshall, quoted by Mr. McDonald, was not in point. The Superintendent of Fortifications, in that ease, was an office created by law of Congress, and not a mere appointment growing out of the temporary exigencies of the War Department.

Mr. MELLETT contended that, under the Constitution of the United States, the President had no power to call out the militia of the United States, but the militia of the several States and this must be done through the State Executive, by the President making his requisition for the State's quota. When turned over by the State, they became the active militia of which the President was Commander-in-Chief. In the first stages of their organization, and before their muster into the United States service, they were the militia of the State. Hence it followed that the President could not commission a citizen of Indiana to enroll the militia therein. That power belonged solely to the Governor. There was an express reservation in the Constitution that the Governors of States should organize the militia of their States and commission the officers thereof. The militia was not the people but a class of inhabitants within certain ages. To ascertain who these were, an enrollment was necessary, and the persons appointed to do this were not officers, under the Constitution,or any State law, but simply the agents of the State Executive, commissioned by him for a specific purpose, and to discharge a temporary duty. Were Congress to attempt to take from the State the right to do this, it would be a palpable violation of Constitution. He read from the Constitution ot the United States and from Story, to show that the militia was under the exclusive control of the State authorities, and was to be organized, officered and trained under the State laws, and was no part ot the Federal power until after it was so organized. The appointments made for the purpose of organizing the militia, were special appointments for a special duty. page: 53[View Page 53]Switch to Image Mode CLOSE Page 53 were from the State and not from the President, and its officers were State officers, They were merely to enroll the militia, and acted under the orders of the State officers only. When the Governor made these appointments, he was not acting as a United States officer, but as the Executive of the State. If they were the creatures of the President, then they held no office, because it was a nullity to exercise such power in violation of the Constitution. There could be no disqualification, and in his county no one had thought of raising the question as to his having lost his seat in the Senate by taking the appointment of enrolling commissioner.

LEGISLATIVE EXPENSES.

Mr. WILLIAMS called up the message of the House, returning the bill [S. 1] appropriating $25,000 for the expenses of the General Assembly, with a House amendment appropriating $75.000.

The amendment was concurred in.

On motion by Mr. BROWNE, of Randolph, it was--

Resolved, That when the Senate adjourn it be until Monday at 2 p.m.

HOUSE OF REPRESENTATIVES.

FRIDAY, January 16, 1863.

Petitions were presented and referred to the Committee on Federal Relations, to-wit:

By Mr. WOOLLEN, from certain citizens of Johnson county, praying tor the enforcement, of the 13th article of the Constitution.

By Mr. BURTON, from sundry citizens of Sullivan county, against voting one dollar or one man for the prosecution of the present war, characterized as "an infernal Abolition war."

LEGISLATIVE EXPENSES.

Mr. NIBLACK, from the Committee on Ways and Means reported back the bill [S. 1] appropriating $25.000 for Legislative expenses--recommending its passage with amendments.

$75.000 are appropriated, if necessary, instead of $25,000. The money not used, as Mr. Niblack explained, would remain in the Treasury.

The report was concurred in.

STATE PRINTING OFFICE.

Mr. WOOLLEN from the Committee on Benevolent Institutions reported adversely on a resolution proposing to establish a pointing office at the Institution for the Deaf and Dumb.

The report was concurred in.

SALARIES OF COUNTY AUDITORS AND CLERKS.

Mr. BYERLE offered a resolution, which was rejected, instructing the Committee on Fees and Salaries to report as to the reduction of fees of County Auditors and Clerks.

SECRET POLITICAL SOCIETIES.

Mr. CASON offered the following:

WHEREAS, It has been asserted by that arch-fiend and traitor, Jeff. Davis, in a speech lately made by him at Richmond, Va., that the Great West is preparing for secession from the East;

AND WHEREAS, The Grand Jury of one of the United States Courts finds that there exists in this State a secret political organization, held together by the most horrible and wicked oaths, and having for its purpose and objects, among other things, the assistance and encouragement of the Southern Confederacy, and the formation of a Northwestern Confederacy, with its ultimate annexation to the Southern Confederacy; therefore, be it

Resolved, That a committee of five be appointed, with power to send for persons and papers, to investigate and inquire whether any such political organization does exist in this State, with any such designs, or having for its objects the resistance of the due and, legal enforcement of any of the laws of this State or of the United States, or for the overthrow of the. legally constituted authorities of this State or of the United States, and to further report to this House what, if any, legislation is necessary to protect the government from the unlawful acts of these treasonable associations.

Mr. BROWN moved to lay the resolution on the table.

The yeas and nays were demanded by Messrs. Griffith and Moorman, and being ordered and taken resulted--yeas 57, nays 35--as follows :

YEAS--Messrs. Abbett, Atkison, Bird, Blocher, Bregan, Brown, Burton, Collins, Cook, Donaldson, Ferris, Garvin, Hall, Hanna, Harden, of Washington; Hardin, of Perry; Harney, Hetfield, Hon, Howard, Howell, Howk, Humphreys, Kemp of Dubois; Kemp, of Vigo; Lake, Lasselle, Lee, Lemmon, of Harrison; Lemmon of Spencer; Mason, McGauchey, Miller, Milroy, Mutz, Niblack, O'Brien, of Martin; Osborn, Packard, Pendleton, Priest, Puett, Reitz, Richardson, Rippey, Roberts, Ryan, Shaffer, Shoaff, of Allen; Shoaff, of Jay; Spencer, Veach, Waterman, Williams, Wolfe, Woollen,and Mr. Speaker--57.

NAYS--Messrs. Abbett, Anderson, Baker, Budd, Byerle, Cason, Chambers, Davis, DeBruler, Forester, Gregg, Gregory, Griffith, Hershey, Higgins, Hostetter, Hutchins, James, Johnson, Jones, Kendrick, Kilgore, Lamb, Leeds. Marshall, Moorman, Newman, Noyes, Perry, Pettibone, Robinson, Stone, Tarkington, Van Buskirk, and Woodruff--85.

Pending the roll call--

Mr. ATKISON stated that he believed the investigation would be fruitless, and consequently he should vote "aye."

Mr. ROBERTS said that if he really thought there was such a secret organization in existence in the State, he would vote for the resolution and the committee to investigate. But the thing was so ridiculous, that he should vote to lay it on the table.

Mr. KENDRICK said he should vote in favor of the resolution, as to do otherwise would be to impeach a grand jury of our country, which he was not prepared to do.

Mr. PACKARD. I, as a member of this House, prefer to impeach a biased and political grand jury, rather than to impeach the patriotism [ ] people: I vote "aye."

So the resolution was laid on the table.

WRITTEN BALLOTS.

Mr. PRIEST offered a resolution in- page: 54[View Page 54]Switch to Image Mode CLOSE Page 54 strutting the proper committee to inquire into the expediency of amending the election law so as to require each voter to write his name on each ballot.

On motion by Mr. DONALDSON it was laid on the table.

RESOLUTIONS OF INQUIRY

Addressed to appropriate Committees were offered, read and severally adopted, to-wit:

By Mr. WATERMAN, relative to abolishing the office of Township Assessor.

By Mr. HUMPHREYS, as to the expediency of transferring civil and criminal business from the Common Pleas to the Circuit Court, and establishing Probate Courts.

By Mr. VAN BUSKIRK, opposing the separation of the New England States from the Union.

By Mr. GREGORY, a resolution on the state of the country.

By Mr. HIGGINS, relative to the fees of Northern State Prison Directors.

By Mr. BARNEY, whether the State has any representative on the Board of Directors of the Bank of the State.

By Mr. MILROY, as to the passage of a bill punishing the drugging of liquors as a crime punishable with imprisonment for not less than ten years.

JOINT RESOLUTIONS

Were introduced, read the first time, and severally passed to the second reading, to-wit:

By Mr. HANNA, [H. R. No. 6] in the words following:

WHEREAS, by the late preliminary report on the eighth census of the United States, published under the authority of the Secretary at the Department of the Interior, it appears that the total population of the State of Indiana, in 1860, was 1,350,428, and the population of Massachusetts was 1,231,006; and,

WHEREAS, It appears that Indiana has furnished 102,700 soldiers under the various calls of the President for volunteers and by draft; and

WHEREAS, The State of Massachusetts, as appears by the annual message of his Excellency, Governor Andrews, has furnished but 60,000; and,

WHEREAS, The draft was rigidly and mercilessly enforced in Indiana, and is not yet completed in Massachusetts. Therefore,

Be it resolved by the General Assembly of the State of Indiana, That our delegation in Congress be instructed to inquire into the causes of such discrimination in favor of Massachusetts.

By Mr. O'BRIEN, of Martin. [7] a resolution on the state of the country.

By Mr LASSELLE, [8] in favor of a cessation of hostilities; of a National Convention at Louisville on the 4th of July next; and of a convention of delegates, elected from each Congressional district of Indiana, looking toward the restoration of peace and the re-union of the States.

By Mr. CASON,[9] amending the second article of the Constitution, so as to allow soldiers to vote.

The House then adjourned till 2 o'clock.

AFTERNOON SESSION.

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

By Mr. HIGGINS, [32] amending 18th section of act relating to incorporated cities.

By Mr. ATKISON. [33] amending section 447 of the Practice Act.

By Mr. SPENCER, [34] prohibiting clerks of the Circuit Court and Common Pleas Courts from practicing law in the courts aforesaid.

By Mr. HOSTETTER.[35] amending the 5th section of the act of 1859 relative to township business.

By Mr. GREGG, [38] providing for the registry of voters and to punish frauds at the ballot-box.

By Mr. TARKINGTON, [37] amending the 22d section of the act relating to the Indiana University.

By My. GREGORY, [38] to protect: live stock along railroads, and for the punishment of certain persons therein named.

By Mr NOYES, [39] amending the acts defining misdemeanors, approved 1852.

By Mr. BROWN, [40] repealing section 2d of the act amending section 11 of the act establishing Courts of Common Pleas--taking jurisdiction in cases of felony from said Courts.

By Mr. BURTON,[41] providing for the more effectual enforcement of the article of the Constitution, making immigration negro immigration of the Constitution and a felony.

By Mr. ANDERSON, [42] to enforce the 13th article of the Constitution--hanging every negro, he or she, who came into the State, till he or she, be dead.

By Mr. PUETT,[43] to secure the rights of married women in real estate told upon execution.

By Mr. PERRY, [44] amending the 6th section of the Common Pleas Court act of March 5, 1859.

By Mr. GREGORY, [45] relative to the rights of landlords and tenants

On motion by Mr. HUTCHINGS, it was--

Resolved, That when the House adjourn it will be till Monday, at 2 o'clock p.m.

LEGISLATIVE EXPENSES.

The bill [S. 1] appropriating $75.000 for legislative expenses, coming up in order--

Mr. LASSELLE made an ineffectual motion to recommit the bill with instruction; to reduce the amount to $40.000.

The bill then passed the House by yeas 84, nays 8.

BREVIER LEGISLATIVE REPORTS.

Mr. ANDERSON submitted the following, and asked that it be tabled for the present:

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Resolved, By the House of Representatives (the Senate concurring,) that the Principal Secretary of the Senate, and the Principal Clerk of the House of Representatives, be authorized to contract with ARIEL & W. H. DRAPIER, reporters, for 1,500 copies of the continuation of their Brevier Legislative Reports, to contain verbatim reports of the proceedings and debates of the present session of the General Assembly, on all propositions and questions having relation to the state of the Union and the war; the said reports to be printed in the Daily State Sentinel,or the Daily Indianapolis Journal newspaper, and when so printed the said reports to be transferred from the columns of such newspaper into book form of double column pages-- said reports, so printed, to be paper-covered and sent to the office of the Secretary of State, and by him sent by mail to the several members of the General Assembly-- 10 copies to each member--as soon as possible after the adjournment of the session; Provided said reports shall not cost more than two thirds of one cent a page per copy for the writing and printing thereof.

Mr. Anderson's motion was agreed to.

WORK FOR COMMITTEES.

House bills were read the second time and referred to appropriate committees, unless otherwise designated, to-wit:

Mr. Waterman's [27] special meeting of County Commissioners.

Mr. Lamb's [28] amending the wild same act was ordered engrossed for the third reading.

Mr. Miller'.s [29] fining-disturbers of meeting, was ordered engrossed.

Mr. Wolfe's [30] amending the witness act.

Mr. Packard's [31] punishing violations of injunctions by attachment.

IN SENATE.

MONDAY, January 19, 1863.

The Senate met at 2 o'clock p. m.

Mr. WILLIAMS offered a resolution, which was adopted, requesting the Governor to furnish a detailed statement of expenditures under the $100,000 military contingent fund appropriation.

On motion by Mr. McCLURG, it was--

Resolved, That the Committee on the Organization of Courts be requested to inquire into the expediency of so amending the law of "Courts and the practice therein," requiring the Judges of the Circuit and Common Pleas Courts of this State, to deliver their charge to the jury after the evidence is concluded, and before the argument of counsel is commenced.

MILITARY EXEMPTION.

Mr. LANDERS offered a resolution, which was adopted, instructing the Judiciary Committee to report a law, if constitutional, to fix the amount of exemption from military duty.

NEW PROPOSITIONS.

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

By Mr. BROWNE, of Randolph, [12] a bill requiring railroad companies in the State of Indiana, to keep on hand and furnish, on reasonable notice being given by persons offering to ship live stock or other freights over their railroads, or to or from any place of shipment thereon, a sufficient number of locomotives freight cars and other rolling stock to transport such freights without delay, and making companies failing to furnish transportation, liable for damages resulting from such failure.

By Mr BROWNE, of Randolph, [13] a bill requiring all corporations formed, or which may hereafter be formed, for the purpose of constructing, owning, controlling or operating a railroad in this State, to elect three fourths of the number of their Boards of Directors from stockholders resident in the State, and affixing certain penalties for non-compliance with the provisions of this act.

By Mr. LANDERS, [14] a bill to enforce the 13th article of the Constitution.

By Mr. RAY, [15] a bill authorizing railroad companies to make extensions or branches in certain cases.

By Mr. MARCH , [16] a bill prescribing the forms of conveyances of real estate that may be used by Executors, Administrators, Guardians, Trustees and Commissioners in certain cases, fixing a fee therefor, and also to repeal the 547th section of the Practice Act, approved, June 18, 1852.

On motion by Mr. WILLIAMS, the bill [H. R. 26] fixing the times of holding courts in the 3d circuit, was read the first time.

CONTESTED ELECTION GASES.

The argument on the contested election cases was resumed.

Hon. JOSEPH E. McDONALD. The propositions discussed by those on the opposite side were: 1st, that the Draft Commissioners were not officers under the meaning of the Constitution; 2d, if officers, they are militia officers; and 3d, that if officers, their functions ceased before the parties were called upon to take their seats in the Senate. Mr. McDonald contended, 1st, that the constitutional provision disqualifying was broad enough to embrace these officers; 2d, that the rules and regulations in, the act of Congress under which the militia was enrolled was part of the law. The gentleman from Shelby, (Mr. Ray) misconceived the decision of Chief Justice Marshall in the case he quoted in regard to the Superintendent of Fortifications. The Draft Commissioners were as much officers as was the Superintendent, and created in the same way by a law which provides that the Governors of the several States should enroll the militia by officers to be appointed by them. The duties in the regulations under the law are clearly and specifically defined in the general order issued to carry out the law. He alluded to the case in the 16th Indiana--when the right of the Auditing Committee, being members of the Legislature, to hold, was tested, and contended that the test in that case was simply the right of the Legislature to appoint committees to act during a recess to supervise the expenditure of money appropriated by it. He read from the de- page: 56[View Page 56]Switch to Image Mode CLOSE Page 56 cision at length to show that the duty of the Committee was distinctly set down as a special duty, and clearly prescribed, It was not so with the Draft Commissioners--their duty was continuous, and the office would not have expired if the parties holding had died or resigned. The case of Gov. Ray in 1826 was not in point. He was appointed with Gen. Cass Gen. Tipton to make a treaty with the Indians--to do a specific duty. Is it a Militia office? If it is, what rank do or did the gentlemen hold? Military gentlemen are tenacious about titles. He contended if was not a militia office, for there was no militia at all until the enrollment was made. It was an office under the amended law of 1862, and it could be nothing else. He read from authorities. The Supreme Court has held that officers in the volunteer service are not officers of militia, in the case of Kerr vs. Jones, but he could not see how it helped the argument of the gentlemen. The Court, in that case, decided that although Mr. Harrison was commissioned by the Governor, he became an officer of the Federal Government when his regiment was mustered. It was the same with the gentlemen. They were appointed by the Governor to perform duties under a law of Congress.-- The power of the Governor to appoint them was derived from the same source that he derived his power to appoint Col. Harrison and other volunteer officers in the service of the United States. If an office, is it a Federal or State office? The duty performed was to carry out a law of Congress. It will not be assumed by the Senate that the Governor disregarded the law of Congress and the regulations in making the draft. If he did so, the whole proceeding was illegal, and the four thousand men in service from this State as drafted men are there illegally. He briefly alluded to the proposition that an office held at the term of election which ceases or is resigned before taking a seat in a legislative body does not disqualify, and contended that the Constitution of our own State must be the guide here. The acceptance of one office reverted another it was clear. In the case of the members from Shelby and from Henry and perhaps others, incompatible offices were accepted and held in the interregnum between the sessions. The link was broken, and it gives the Senatorial places back to the people. He dwelt on the safeguard intended to be placed around the legislative department of the Government to preserve it from Executive encroachments.

J. H. BAKER Esqr., the contestant of the seat of Mr. Murray, the sitting member from Elkhart and Lagrange, addressed the Senate. The point in this case was the acceptance by Mr. Murray, of the office of Quartermaster in the volunteer service of the United States, and holding it for a period of time during the recess of the Senate, In this case he thought there could be no controversy. The case of Kerr vs. Jones fitted this case exactly, if it did not those of Draft Commissioners. He recited the facts. The decision that Col. Harrison forfeited his office of Reporter of the decisions of the Supreme Court, covered this case precisely. The one was a Colonel and the other a Lieutenant; but both were officers in the United States service. He quoted extensively from the Decisions and from the Abridgement of the Debates in Congress, to show the time at which a person elected to a legislative office was considered a member. They all agreed that the period was when the person was sworn in and entered upon the discharge of the duty. An election merely designates the person to be qualified. He also cited the case of Van Ness of New York, who was displaced from his seat in Congress for accepting and discharging the duties of Major of Militia in the Territory of Columbia in the time that elapsed between the first and second sessions of the Congress to which he had been elected. This case, he contended, was an exact parallel to that of the gentleman whose seat he was contesting.

HOUSE OF REPRESENTATIVES.

MONDAY, January 19. 1863.

The House met at 2 o'clock p. m.

Mr. ROBERTS offered the following, which was adopted:

WHEREAS The General Assembly of the State of Indiana, by an Act approved May 6, 1861, appropriated the sum of one hundred thousand dollars to the "Governor's Contingent Fund " and,

WHEREAS, The General Assembly, by an Act approved May 31, 1861, "appropriated, for incidental expenses of the Governor's Office, in addition to former appropriations, the sum of fifteen hundred dollars;" therefore,

Be it Resolved, That the Governor be and is hereby requested, to report to this House, at as early a day as practicable, in compliance with the provisions of said acts, a "detailed statement" of all disbursements by him made out of said funds.

Mr. GRIFFITH offered a resolution, instructing; the Military Committee to report a bill refunding to volunteer surgeons who have visited the battle-fields to Succor Indiana wounded, their expenses in such service, and equitable compensation.

Mr. WOOLLEN moved to make it a resolution of inquiry.

The motion was agreed to, and the resolution, as amended, was adopted.

THE STATE OF THE UNION.

Mr. MILLER offered the following:

WHEREAS, The present deplorable civil war tends to unsettle in a startling degree, the social and domestic relations of the country, and promises no results but vice, misery, sorrow and death; it being manifest to the civilized world that Union, peace and fraternal feeling can never be restored by the sword and the

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torch; but that a continuance of the war under the present policy of the Administration must eventuate in the utter ruin and decay of our free, renowned and mighty nation. Therefore,

Resolved, That any plan, proposition or overture originating with the people of any section or State, having for its object the restoration of the Union and peace on a basis alike equal and just to all the States would not be humiliating and dishonorable. but an event to be hailed with gladness by every true patriot in the land.

Resolved, That we are willing and desirous to receive the seceded States back into the Union on a liberal compromise, granting to them, ungrudgingly, all their Constitutional rights and guarantees, as equal independent sovereign States, with such additional safeguards as may be necessary to protect them in the enjoyment of those rights and guarantees.

Resolved, That we invite the consideration of all true Union men of whatever party, and especially the Legislatures of our sister States of Illinois, Kentucky, Pennsylvania and New York now in session, to this subject, to the end that some definite action may be had thereon.

Resolved, That a copy of these resolutions, together with the preamble, be transmitted by the Clerk of this House to the respective Speakers of the aforesaid Legislatures.

Mr. HOSTETTER offered a series of resolutions, declaring against the schemes of traitor sympathizers and their freedom of treason, justifying military arrests and the suspension of habeas corpus.

Mr. SHAFFER offered a resolution, treating with contempt any attempt to commit the Legislature of this State to the support of the war, by threats or otherwise.

The above resolutions were severally referred to the Committee on federal Relations.

RESOLUTIONS OF INQUIRY

Addressed to appropriate committees, were offered, read and severally adopted, to wit:

By Mr. WOODRUFF, respecting necessary legislation to preserve life on railroads.

By Mr. CASS, relative to needful legislation for the payment of soldiers' bounties.

By Mr. HALL, as to reports of Township Assessors to County Commissioners.

By Mr. NEWMAN for protection of turnpikes.

By Mr. MILLER, whether amendments are not necessary to render the dog law efficient.

By Mr. JONES, providing for a direct tax for the benefit of soldiers' widows and families.

By Mr. BYERLE, as to the expediency of organizing the militia of the State, between the ages of eighteen and forty-five.

By Mr. HUTCHINGS, as to the further protection of sheep from dogs.

Mr. WOLFE offered a resolution to print 100 copies of each bill when ordered to be engrossed, which lies on the table for one day under the rules.

PAY OF INDIANA SOLDIERS.

Mr. BURTON introduced a joint resolution, [10] instructing our Senators and requesting our Representatives in Congress to provide, if possible, for the prompt payment of Indiana soldiers now in the Held, and requiring the discrepancy in favor of officers to cease, which was read the first lime and passed to the second rending. It is as follows:

WHEREAS, Indiana has been represented upon almost every battlefield in the present unnatural war; and,

WHEREAS, Her brave soldiers are in no way responsible for the manner in which the war is conducted, nor for the purpose for which it is waged; and,

WHEREAS, Numerous complaints are being heard from these soldiers, to the effect that the Government fails to pay them the small pittance which they have so richly earned, while the officers over them, as a general thing, have been promptly paid, and thus enabled to indulge in all manner of luxury, while the poor helpless privates are compelled to suffer privation and want; and, in consequence of such delinquency on the part of the Government, and such discrepancy in favor of selfish officers, the families and friends of these poor soldiers in many instances are caused to suffer and grieve; and,

WHEREAS, Our Gov'nr O. P. Morton, and our President, Abraham Lincoln, have seemingly lost all sympathy and regard for the white men in the ranks, who are fighting the battles of the country, and turned their entire attention and given their entire sympathies to the negroes of the South, as is evidenced by the fact that they regard with apparent indifference the great neglect and many complaints of the one, while they regard as of the greatest necessity and importance the freedom, and amelioration of the other; therefore,

Resolved by the General Assembly of the State of Indiana, That in justice to all concerned, Indiana asks, yea, demands at the hands of the General Government, a prompt and speedy payment of all delinquencies to her soldiers in the field, and further that the great discrepancy in favor of officers over privates shall cease.

Resolved, That the boasted patriotism and philanthropy of the present Administration both State and National, would be less questionable and better appreciated, did they but turn their attention and sympathy to the poor neglected soldiers in the field, and to their suffering families and friends at home, and see that their complaints and necessities were relieved and satisfied as speedily as possible, instead of troubling, themselves concerning the slaves of the South, whose freedom is not essential to the maintenance of the Union under the Constitution, and who are far happier than if they were free.

Resolved, That, to this end, we instruct our Senators and request our Representatives in Congress, to inquire immediately into the cause of this great neglect on the part of the General Government, to fix the responsibility where it justly and rightly belongs, and to provide as speedily as possible, by bill, or otherwise, a remedy for the evil complained of, that our soldiers henceforth may serve the Government, with the full assurance that they will receive prompt and regular pay for their services.

Resolved, That a copy of these resolutions be sent as soon as convenient to our Senators an and Representatives in Congress.

NEW PROPOSITIONS.

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

By Mr. SPENCER, [46] repealing the 18th section of the act regulating the apportionment of decedent's estates,

By Mr. KEMP of Dubois, [47] legalizing the acts of deputies of civil officers who have entered the military service of the United States.

By Mr. SPENCER, [48] prohibiting Judges of Common Pleas Courts from page: 58[View Page 58]Switch to Image Mode CLOSE Page 58 practicing as attorneys in Inferior Courts.

By Mr. LEMMON of Harrison, [49] amending the 4th find 6th sections of the act prescribing the duties of Coroners.

By Mr. KILGORE, [50] requiring Railroad Companies to keep on hand a sufficient number of locomotives and freight cars for the transportation of live stock and other freights, and imposing damages in case of default.

By Mr. REITZ, [51] amendatory of an act regulating sales on execution.

By Mr. MORGAN, [52] amending sections 4, 5. 8, 9 and 11 of the law regulating marriages.

By Mr. KILGORE, [53] requiring all railroad corporations to elect three fourths of their directors from the residents of the State.

By Mr. LEEDS, [54] authorizing County Treasurers to expose lands delinquent for taxes at the Auditor's office.

By Mr. LA3SELLE, L55] amending section 1 of an act exempting property from execution.

By Mr. WATERMAN, [56] relative to road taxes.

By Mr. GARVIN, [57] providing that the value of Government stamps on legal processes be collected among the costs.

By Mr. LASSELLE, [58] amending section 82 of the practice act.

By Mr. LEEDS, [59] empowering Sheriffs to expose property on execution for sale at the doors of Clerks offices.

By Mr. LASSELLE. [6O] amending sections 3, 5, 7 and 9, of an act enforcing the 13th article of the constitution.

WORK FOR COMMITTEES.

House bills were read the second time and referred to appropriate committees, to wit:

Mr. Higgin's, [32] amending section 18 of the town and city act.

Mr. Atkison's, [33] amending section 447 of the practice act.

Mr. Spencer's, [34] prohibiting clerks from practicing law in the courts of which they are clerks.

Mr. Hostetter's, [35] amending section 6 of the township act of 1859.

IN SENATE.

TUESDAY, January 20, 1863.

Mr. MARSHALL presented a petition from sundry citizens of Grant county, praying for a more rigid enforcement of the 13th article of the State Constitution, which was read and referred to the Committee on Rights and Privileges.

On motion by Mr. WILLIAMS, it was--

Resolved, That the Treasurer of State be requested to report to the Senate the amount of money paid out by him for war purposes between the 17th day of April and the 30th day of May 1861, and from what fund paid.

THANKS TO GOV. MORTON.

Mr. MURRAY offered the following: Resolved By the Senate, the House concurring, that His Excellency, Governor Oliver P. Morton, is deserving the gratitude of the people of this State, and as their Representatives we hereby tender him the thanks of this General Assembly for the promptness and energy with which he has responded to the call of the General Government for the organization and equipment of the volunteer Militia of Indiana, in defence of, and for the maintenance and preservation of the Union of the States, and especially for that tender solicitude and care he has, on all suitable occasions, manifested in alleviating the sufferings of the sick and wounded soldiers of the State.

Resolved, That a certified copy of the foregoing Resolution, on the passage thereof, be presented to His Excellency, Governor Oliver P. Morton, by the Secretary of the Senate.

Mr. SHIELDS hoped the resolution would go to a committee. He was not prepared to endorse all the acts of Governor Morion until some investigation was had into the financial operations of the Executive Department. He did not like to vote against it, for there was much that appeared commendable in the Governor's acts, but he was prepared to vote for the resolution if all was struck out except that portion relating to the sick and wounded. There were people in Indiana who thought the Governor was over anxious in organizing troops. The draft had been rigorously enforced in Indiana, while Massachusetts was far behind in her volunteer contributions of men. Gov. Morton should have been as a father, and should have said to Mr. Lincoln, Indiana has done well, don't press her too hard.

Mr. CLAYPOOL could not see any endorsement of the Governor's financial act in the resolution. If he could, much as he approved of the course of the Governor, he would consent to defer it. He moved to amend by striking out all relating if the organization and equipment of troops.

Mr. MARCH said if he had been consulted he would have advised its delay for a short time, but having been introduce he hoped it would pass. He could not see that its passage would interfere in the least with the most rigid scrutiny.

Mr. WOLFE thought the introduction of the resolution premature, and would move to refer it with the proposed amendment to the Committee on Military Affairs. It was due to the Governor that time be given to investigate his official acts. So far as it regards the Governor's attention to the sick and wounded soldiers, my mind was long ago made up that he was entitled to the thanks of the State; and if that would satisfy his particular friends, I am ready and willing to so vote. I have moved to refer the resolutions to the Committee on Military Affairs, because I am not ready to vote for the part now proposed to be stricken out, until the subject has undergone the proper investigation; and after such investigation, if it should be found that the Governor has managed the funds placed in his hands prudently, I will then be prepared to vote him additional thanks.

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Mr. MURRAY assured the Senate that he introduced the resolution without consultation with any one, There was no cat in the meal tub. He simply intended to thank the Governor for his care of the sick and wounded soldiers, and nothing more. This was a common ground on which all could stand. He spoke eloquently of the efforts of Governor Morton in behalf of the soldiers in the field from Indiana. He accepted the amendment. (Mr. Claypool's.)

Mr. COBB would cast no imputation upon Governor Morton. The resolution was, however, premature. He did not think Governor Morton would ask the passage of the resolution at the present time. He was not prepared to say that Governor Morton had not done his duty to the sick and wounded; but how many others had done the same thing? The late Superintendent of Public Instruction lost his life in an effort to get to the Held to attend to the sick. Others should be included in a vote of thanks.

Mr. WILLIAMS favored the reference, and would vote to endorse the Governor after investigation was had, if it should be proper to do so. He was not prepared to Vote on the resolution now. Governor Morton had probably done his duty; he was not prepared to say he had not. He was elected to do his duly, and if he had done it, it was his part of the contract.

Mr. RAY said that his impressions were that the Governor's management of military affairs had bean such as could be commended, but, his opinion was that if the resolution was cut down, as proposed, it might imply censure of his conduct. It was better that it should go to a Committee to be perfected; so that there should be unanimity in the vote upon it.

Mr. DUNNING, (Mr. Landers in the Chair) regretted that the resolution had been introduced so soon. He could vote at any time for a resolution of thanks to the Governor for his care of the soldiers of Indiana. He felt grateful to the Governor for that care, but let the investigation be made. He would not, by his action, cast implied censure of Governor Morion's military conduct. It would be better that the resolution be deferred, and if impartial investigation showed that the Governor had discharged his duties faith fully, he would be among the first to express an approval by his vote.

Mr. BROWNE of Randolph, as a political and personal friend of Governor Morton, would stay that he not only desired but courted thorough and complete investigation of his conduct. Had he been consulted he would not have favored the introduction of the resolution. This Senate could add nothing to the reputation of Governor Morton; nor could they tarnish it by the adoption or rejection of a resolution. That reputation was in the hands of the people of the United States and he had nothing to fear from them.

Mr. CLAYPOOL favored the reference, because it was evident there was a disposition to not act upon it. Hereafter occasion might offer when such a resolution would be more favorably received. He was in favor of carefully investigating the official conduct of all officers, and if any one had been guilty of speculation he would by his vote hold him up to public condemnation, be he political friend or foe. He had known Governor Morton long, and believed that while he might be ambitions for a good name and a high position, he never bowed the knee to filthy lucre.-- Money was not his God. He did not understand any gentleman here as casting a reflection upon the integrity of the Governor. It mattered not what the newspapers would say. Pass a resolution filly endorsing his acts, or refer this one until the Senate could unite upon one.

Mr. FERGUSON gave all credit to Governor Morton for his labor and his care of the sick and wounded. He deserved the thanks of patriotic people, and would receive them. The resolution, as amended, thanked the Governor for acts beyond his duty. When he had filled the requirements of the law he did not rest, but worked faithfully for the sick and wounded. The Governor could not object to have his official acts investigated, and the passage of the vote of thanks for care to the sick and wounded could not be construed into censure or into approval of all his official acts.

On motion by Mr. MURRAY, the motion to refer was laid on the table--yeas 26, nays 14.

Mr. McCLURG, however he might differ with the Governor on other subjects, was prepared now to thank him for the interest he had taken in the sick and wounded. His people feel grateful to him, and be but represented their feeling here.

Mr. BROWN of Wells, thought that if he had had control of the $100,000 appropriated by the last Legislature, he could have made himself as popular as Governor Morton. If the thanks were due to the Legislature he would accord it. [ ] to Governor Morton he would do likewise. But let an investigation first be had.

Mr. MARCH thought too much time had been taken up in discussing a matter of this kind. The resolution should pass at once.

Mr. WILLIAMS moved to amend so as to include thanks to all surgeons, nurses and soldier's aid societies.

Mr. DUNNING thought the introduction of this amendment was diluting the matter too much. The people, surgeons, nurses and others, had acted through the Governor, and an endorsement of the Governor implied an endorsement of all who co-operated with him. If the Governor page: 60[View Page 60]Switch to Image Mode CLOSE Page 60 had discharged his duty in this regard be was entitled to a vote of thanks. There was no necessity for the amendment--There was no precedent for it. Whenever it becomes as well known to the Senate that surgeons and others had discharged their duties as it is known that Governor Morton has, then it might be proper to give them a vote of thanks, but, in his opinion, it would be reducing compliments to a cheap rate.

Mr. WILLIAMS defended bis motion, contending that the surgeons and nurses were as much entitled to thanks as the Governor, and that is all his amendment designed; but he would withdraw it to accommodate gentlemen.

Mr. HORD was opposed to the passage of resolutions of eulogy. He did not see why the Mark Anthonys here should dig up their dead Caesar for the admiration of the Senate to the exclusion of every body else. Many of the surgeons and nurses bad paid money out of their own slender means, and are they to be excluded? He was willing to give a vote of thanks to Governor Morton, but be was just as anxious to give thanks to the poor and humble as to those in power, and he would renew the motion just withdrawn by the gentleman from Knox, [Mr. Williams.]

Mr. MELLETT opposed the amendment if for no other reason than that while many surgeons in the army had done their whole duty it was well known others had not. It may be so in. the case of volunteer surgeons and nurses sent. The amendment thanked all indiscriminately.

Mr. NEW made an ineffectual motion to adjourn.

On motion by Mr. MURRAY the amendment was laid on the table--yeas 29, nays 11.

The resolution was then adopted by yeas 40, nays 0.

THIRD JUDICIAL CIRCUIT.

On motion by Mr. WILLIAMS, the bill [H. R. 26] fixing the time of holding courts in the 3d circuit, was read the second and third time--the rules being suspended for that purpose--and finally passed by yeas 40, nays 0.

AFTERNOON SESSION.

On motion by Mr. DOWNEY, it was--

Resolved, That the Military Committee be instructed to inquire into the reason why the seventy thousand dollars for 1861, and the same amount for 1862, appropriated by the General Assembly for the benefit of the Indiana Legion, has not been distributed, and what further legislation, if any, is necessary to effect such distribution, and report by bill or otherwise.

BREVIER LEGISLATIVE REPORTS.

Mr. DOUGLASS offered the Following:

Resolved, By the Senate (the House of Representatives concurring therein,) that the principal Secretary of the Senate, and the Chief Clerk of the House of Representatives, be authorized to contract with ARIEL & W. H. DRAPIER, Reporters, for 1,500 copies of the continuation of their Brevier Legislative Reports, to contain verbatim reports of the proceedings and debates of the General Assembly, on all propositions and questions having relation to the State of the Union and the war; the said reports to be printed in the Daily State Sentinel or the Daily Indianapolis Journal newspaper, and transferred from the columns of such newspaper into book form of double-column pages, and that when so printed, the said 1,500 copies of the reports be paper covered and delivered to the Secretary of State, who shall cause the same to be sent by mail--ten copies to each member of the General Assembly--as soon as possible after the adjournment of the session. Provided: Said reports shall not cost more than two thirds of one cent a page per copy, for the writing and printing thereof.

On motion by Mr. COBB, the resolution was referred to a select committee which the PRESIDENT made to consist of Messrs. Douglass, Cobb and Beeson.

THANKS TO SOLDIERS.

Mr. MARCH offered a concurrent resolution, which was adopted, tendering the thanks of this General Assembly to Major General Rosecrans and his brave officers and men for their courage and endurance at the battles of Murfreesboro, and that the resolutions, if consistent with military usage, be real to the army.

THE SCHOOL LAW.

Mr. BERRY offered a resolution, which was adopted, that the Committee on Education examine if section 25 of the School Law requires amendment.

NEW PROPOSITIONS.

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

By Mr. DOWNEY, [17] a bill to amend the third section of an act entitled, "An act to amend sections one and two of an act to provide compensation to the owners of animals killed or injured by the cars, locomotives or other carriages of any railroad company in the State," approved March 1, 1853, and to provide the manner of the service of process, approved March 4, 1859.

By Mr. COBB, [18] a bill to amend section 23 of an act entitled "An act to provide 1or the opening, vacating and change of highways," approved June 17, 1852.

By Mr. FULLER, [19] a bill to provide that the value of United States Government Stamp duties required and used on official process, certificates, bonds, appeasements, deeds and conveyances, by Sheriffs and other instruments, shall in all actions be taxed and collected as other costs in said action.

By Mr. HORD, [20] a bill to amend section 33 of "An act to provide for the valuation and assessment of the real and personal property," approved June 21, 1852.

By Mr. GIFFORD, [21] a bill regulating the fees of officers, and repealing former acts in relation thereto.

By Mr. FERGUSON, [22] a bill to amend the 54th section of chapter 7, enti- page: 61[View Page 61]Switch to Image Mode CLOSE Page 61 tled "An act defining misdemeanors and prescribing punishments therefor," approved June14. 1852.

y Mr. HORD, [23] a bill to amend section 13 of "An act providing for the election and qualification of Justices of the Peace." approved June 18, 1852, as amended March 9, 1861.

By Mr. MARCH, [24] a bill to provide for the execution of conveyances by County Auditors, for school lands, where the certificate has not been properly assigned or the assignment properly acknowledged in certain cases.

Mr DICKINSON'S bill, [10] amending section 9 of an act of March 9, 1861, amendatory of an act concerning voluntary associations, approved Feb. 12, 1855, was read the second time and ordered to be engrossed.

WORK FOR COMMITTEES.

Senate bills were read the second time and referred to appropriate committees, to wit:

Mr. Browne of Randolph's, [11] repealing section 6 of the Practice Act; [12] requiring railroads to ship freights without delay; and [13] regulating the election of Directors of Corporations.

Mr. Lenders', [14] enforcing the 10th Article of the State Constitution.

Mr. Ray's, [15] railroad extension.

Mr. March's, [16] prescribing forms of conveyance by executors &c.; and repealing section 547 of the Practice Act.

The House concurrent resolutions tendering the thanks of this General Assembly to Governor Seymour, of New York; were referred to the Committee on Federal Relations.

A debate sprang up on the reference of the bill [14] to prevent the emigration of negroes to the State, in which Messrs. Claypool, March, Cobb, Landers, Berry, Browne of Randolph and Mellett took part.

Mr. CLAYPOOL cited the opinion of Attorney General Bates that a negro was a citizen of the United States, and questioned if the 13th article of the Constitution of our State was constitutional in view of that opinion.

ELECTION OF STATE OFFICERS.

The House concurrent resolution to go into election for Prison Directors, north and south, and of State Printer, on Wednesday, (to-morrow,) at 3 o'clock p.m., was read.

Mr. MARCH moved to amend by striking out the part that refers to State Printer.

The amendment was rejected and the resolution concurred in.

A House resolution relative to appointing a committee to report relative to reprinting the statutes, was concurred in.

HOUSE OF REPRESENTATIVES.

TUESDAY, January 20, 1863.

A resolution, by Mr. SHAFFER, proposing to raise a Committee to apportion the State for Congressional and legislative purposes, was adopted, after being amended, on Mr DONALDSON'S motion, by striking out all relative to Senatorial and Representative purposes.

A resolution, authorizing the special committee on Arbitrary Arrests to employ a clerk was adopted by yeas 61, nays 26.

RESOLUTIONS OF INQUIRY.

Addressed to appropriate committees, were offered, read and severally adopted, to-wit:

By Mr. WATERMAN, as to the reconstruction of judicial circuits.

By Mr. BUDD, as to amendments of the 14th and 15th sections of the common school law.

By Mr. MASON, with reference to further legislation compelling railroads to properly serve the public.

By Mr. DONALDSON, to report a bill at aa early day for the apportionment of the State for Senatorial and Representative purposes.

[Mr. MILROY offered a resolution, which lies on the table for one day, under the rules, requiring a vote of two-thirds to pass all resolutions relative to the state of the country.]

By Mr. WOOLLEN, relative to report as to fees and salaries.

By Mr. MUTZ, relative to mileage, the distance traveled by each member.

By Mr. MILLER, into the expediency of postponing the collection of mortgage to the Sinking Fund, the payment of interest excepted.

Mr. HIGGINS offered a concurrent resolution, which was adopted, by yeas 78, nays 6, appointing a committee of five on the part of each House, to report relative to re-printing the statutes, the supply for the use of the State having become exhausted.

SECRET POLITICAL SOCIETIES.

Mr. GREGORY offered a resolution, appointing a special committee of one from each Congressional District, to investigate with reference to disloyal secret societies in Indiana with power to send for persons and papers.

Mr. HARNEY wanted the resolution broad enough to cover the whole ground. Those with whom he acted had no fear of all such investigations.

Mr. BROWN did not believe that there were any such societies in existence. If there were, they certainly were not to be found in the political party he acted with. He was for investigation. He therefore moved to refer the resolution to a select committee of five.

Mr. GIVEN said the Legislature had already provided by law for bringing persons to justice guilty of disloyal practice. Any such investigation as was proposed was therefore unnecessary. He did not believe in the existence of any such societies as alleged. In Daviess county 400 witnesses had been examined by the Grand page: 62[View Page 62]Switch to Image Mode CLOSE Page 62 Jury, and no one knew of such an organization.

Mr. GREGORY said, there were laws which punished illegal imprisonment, and courts and juries had jurisdiction. Yet the House had raised a committee to investigate the question of arbitrary arrests. It was extensively rumored that such societies did exist, and it was a matter of justice to the people of the State and to the party involved by the charge to investigate it. He had read the other day of a soldier whose life was periled by his own confession of the existence of such a society. There is evidently some truth in the allegation on this point.

Mr. ROBERTS asked the gentleman from Warren, (Mr. Gregory)--who now insisted on full investigation on all subjects--if he voted for the resolutions for investigation as to arbitrary arrests, introduced by the gentleman from Jackson? (Mr. Brown.)

Mr. GREGORY. Perhaps I voted "no" at that time.

Mr. SPENCER opposed the resolution. It was entirely unnecessary.

Mr. VAN BUSKIRK urged its adoption. It was a matter of common rumor that such societies existed--that they were demoralizing the army--that they opposed the government and the war. If he were one of the persons affiliated politically with those lying under these imputations he would demand the investigation proposed.

Mr. BROWN. Is not the common rumor the gentleman speaks of confined to the newspapers of the Abolition party?

Mr. VAN BUSKIRK had seen such reports in the papers. Every member who voted for the gentleman's (Mr. Brown.) resolution raising a Committee to investigate alleged causes of arbitrary arrests should certainly vote for this resolution also-- He argued the necessity for the absolute safety of the country that the secret matter of these societies should be ferreted out.

Mr. PRIEST knew the investigation would be fruitless. He had been mixed up with know-nothingism, and knew that whatever you asked a member of the order if he knew of it. he "knew nothing about it." So it will be in this case. He would not vote to go into a fruitless investigation, which might cost the State $50,000, If traitorous societies exist, the investigation will amount to nothing. Men who have banded together for treasonable purposes will swear to lies as fast as you bring them up as witnesses.

Mr ROBERTS. I do not propose, Mr. Speaker, to enter into an extended examination of the merits of the resolution offered by the gentleman from Warren. (Mr. Gregory,) but the debate has suggested a few ideas to my mind, which I thought I would offer for the consideration of the House.

The other day, when the gentleman from Boone and Hendricks, (Mr. Cason.) offered a resolution of a character similar to this--proposing to investigate the question whether secret political societies did exist, in this State, or not--I voted in the negative, and I will give you my reasons why I did so.

In the first place, Sir, the resolution presented by my friend from Boone and Hendricks, (Mr. Cason.) and the one by the venerable gentleman over the way, (Mr. Gregory,) are precisely of the same character. They assert no fact. They are both founded on rumor or report The resolution under consideration simply asserts that it is reported that certain secret societies exist, having in view certain purposes. It is a report then, a rumor and not a fact. Adopt the policy which the friends of this proposition propose, and where would investigation end? Sir, our time would be exclusively occupied, until the end of the session, in pursuing such frivolous investigations, to the exclusion, of other business of more importance to the people. Such, Sir, would be the inevitable result.

But, my friend from Decatur, (Mr. Van Buskirk)says that every member who supported the resolutions of the gentleman from Jackson. (Mr. Brown,) if he would be consistent should also support the resolution being considered. I think otherwise. The difference between the resolutions of the gentleman from Jackson, (Mr. Brown,) and the one presented by the gentleman from Warren. (Mr. Gregory.) is very distinct and clear. Let us see. As I have already stated, the demand made for a committee of investigation in the resolution of the gentleman from Warren, is founded on rumor, or report, while the demand for a committee, as presented in the resolutions of the gentleman from Jackson, is founded on facts that are patent to the whole country.

Is it not well known that the rights of many citizens, of many loyal men, if you please, have been trampled down by illegal and arbitrary arrests? Certainly. The resolutions of the gentleman from Jackson declare those facts in the most positive terms, and we propose to proceed with the investigation m view of that understanding. But pot so with the resolution being sustained by the gentleman from Decatur, (Mr. Van Buskirk.) No fact is asserted in it. Sir, until the friends of this resolution discover facts sufficient to enable them to declare boldly, and in positive terms, without equivocation, the existence of a society that has in view the destruction of the Government, or some other treasonable purpose, I will not vote to raise a committee to inquire into the matter. To raise such a committee under existing circumstances, would be equivalent to branding a large portion of the page: 63[View Page 63]Switch to Image Mode CLOSE Page 63 people of this State with disloyalty, which i am not willing to do, because it would be unjust. The people of this State are loyal--there no traitors among them, unless they are to be found in the ranks of the Abolition party.

Mr. KENDRICK (interrupting.) Was the resolution of the gentleman from Jackson, (Mr. Brown.) based upon rumor, or upon fact?

Mr. ROBERTS. Upon facts, as the gentleman very well knows. But I am speaking now of the pending resolution. Mr. Speaker, I would here take occasion to pay that there is another tribunal in this State which, with more propriety, can take cognizance of such things. In this city there is a Court sitting, the highest known to the laws--the District Court of the United States--with a Grand Jury attached to it, whose duty is to investigate such things. They can an arrest, convict and punish. We, as a legislative body can do neither. Now, sir, if say friends from Warren and Decatur know that such societies exist, why do they not go before the Grand Jury and make complaint? What do they here? I think, sir, it would look better in them--it would give us more confidence in their sincerity--were they to go before the Grand Jury and make complaint, instead of demanding of this body the investigation of a rumor. If they believe their own words--if they believe such societies do exist--I bid them, in God's name, go, and go quickly, before that Jury, and make their grievances known. If I believed them myself, I would go before that tribunal this hour with a catalogue of the names of those whom I suspected of possessing a knowledge of such a society, and in the name of Indiana would demand a thorough, searching investigation.

But, Mr. Speaker, I do not believe any good can result from such an investigation as is proposed by the friends of the pending resolution. Indeed, it might do great harm; in my opinion it would result in harm. The rebels of the South would hear of it, and it would build up the hope in them that they have many allies in the North who are ready to give them aid and comfort. For this reason alone, I would be inclined to vote against the resolution. But, sir, I do insist, aside from this, that if we are to have an investigation at all, it must be by virtue of a resolution that asserts a positive fact. Let them so shape their resolution, and I will give it my support. But this they will not do. They dare not do it for truth's sake. Therefore, I must believe that all this is for "buncombe."

In conclusion Mr. Speaker, allow me to say that with all ray heart I detest secret political societies. There is nothing manly about them. They have never accomplished any good; but, on the contrary, they have done much harm, In a republic, where free discussion is tolerated, there can be no necessity for their existence.

In 1854, though but a boy. I opposed the Know Nothing organization with all my energy; and had not the people risen up in their might against it, its history would have been as bloody as the history of the Jacobins of France. And here, sir, I would remark, that while the gentlemen of the opposition appear now to be frightened out of their wits, in contemplating, as I believe, an imaginary organization, the majority, if not all of them, were members of the Know Nothing society in 1854. Did they then propose to investigate Know Nothingism? No, sir. But, on the contrary, wherever they had control of the Legislative bodies of the country, they were constantly appointing "smelling committees" to inquire into other people's business. What consistency! How dare they talk of it!

But, I return to the point from which I have digressed. If there is such a society, as the gentlemen from Warren and Decatur speak of, I devoutly hope it will be of but short duration. It should not continue for a day. Every loyal man should, and will, frown upon it. I care not what name it may bear--whether it be called Know Nothings, Knights of the Golden Circle, or anything else--it must and will be crushed out. Let men who combine to accomplish certain purposes write their sentiments on the outer walls, that the people may behold them, and then, if they be good, the people will approve. But do not go into the dark to make known your purposes, for Virtue seeks the light of day that she may be known of all men.

Finally, Mr. Speaker, I repeat, that the friends of this measure design only to manufacture a little political capital to save their sinking ship. They see that the wrath of the people is concentrating upon them, and unless something is done to avert the impending storm, they will receive, as they, deserve, the just condemnation of every loyal citizen. Our prayer is, that when the abolition craft goes to the bottom, as she inevitably will, that she may not drag our glorious ship of State after her into the vortex that she creates in her descent.

Mr. ABBOTT was in favor of an investigation, but before the judicial tribunals. In his county (Bartholomew) where it had been said that such societies existed, the matter had been thoroughly investigated. He had the honor of being one of the grand jury before whom a cloud of witnesses were brought who had gone all over the county and asserted that they knew of their own personal knowledge of the existence of such societies, and they swore with an uplifted hand that they knew nothing about it.

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Mr. PACKARD thought the resolution ought to go to the Committee on Federal Relations, and he so moved in amendment. He didn't care for investigation. His party needed no vindication, and didn't ask it at the hands of the other party.

Mr. KENDRICK would base the investigation on facts. Not, only was there the case of the soldier referred to, but gentlemen not of the Union party, residents of this city, had been invited to join such a society. He was opposed to all "submarine" societies.

Mr. GRIFFITH favored the adoption of the resolution.

Mr. BROWN accepted the amendment referring the resolution to the Committee on Federal Relations, and said that he was opposed to raising any such committee. The resolution was not founded up-on common rumor, in his opinion, but upon particular rumor, originating with the Abolition Indianapolis Journal, the editor of which has admitted before a grand Jury that he drew upon his imagination for his facts. He was opposed to insulting the loyal and great people of the State by investigations based upon the malignant charges of corrupt and malevolent Abolition leaders, who themselves were stalking forth in corruption. The findings of the Indianapolis Journal and of an Abolition Grand Jury, sworn not to reveal what was divulged before them, were not matters upon which we would act in the regard. He challenged gentlemen to bring one fact, beyond the false sycophantic and malignant assertions of some man hanging on the skirts of the Abolition party, to show the existence of disloyal associations in Indiana. If the committee reported in favor of the resolution, he would battle against its adoption till the last day of the session.

On motion of Mr. BUSKIRK. (Mr. Packard in the chair,) the further consideration of the subject was postponed until 3 p.m.

AFTERNOON SESSION.

Mr. BROWN, from a select committee to wait on the Governor, to ascertain when his Excellency would deliver his annual message to the General Assembly, submitted a communication from that functionary declining to act further in the matter. He had, he conceived, transmitted his message regularly.

On motion by Mr. BROWN, the report and communication was laid on the table.

NEW PROPOSITION.

Mr. ABBOTT introduced a bill, [61] amending section 33 of the act providing for the valuation and appraisement of real and personal property, &c., approved June 1, 1852, which was read the first time and passed to the second reading.

SECRET POLITICAL SOCIETIES.

The special order for 3 o'clock, (Mr. Gregory's resolution.) coming up--

Mr. BUSKIRK (Mr. Packard in the chair) said: In the discussion which took place this morning, gentlemen belonging to the opposition seemed to take it for granted that there were secret political organizations in Indiana, and that those organizations were in some way connected with the Democratic party.

As to the first point he had no knowledge. He could not say whether there were secret societies in the State or not. But as to the second supposition, viz., that these societies were connected with the Democratic party, and that that party, was responsible for them, he could speak emphatically in denial. Every principle, every instinct of the Democratic party repudiated any and all association with secret political associations for any and all purposes. That party had repudiated and overthrown Know Nothingism. That party, in its State, county and township conventions had again and again denounced such organizations. He was not prepared to say that there were not such societies or that members of the Democratic party did not belong to them, but he vindicated the Democratic party as a party from all endorsement of or responsibility for them. Repeatedly, as he had said, had that party denounced officially such societies. But he knew of no instance in which the People's. Republican, Anti Lecompton, or Union parties had in their public conventions repudiated them.

He doubted whether the subject of the resolution was a proper matter for legislative action; however, he would vote to send it to the Committee on Federal Relations. He would be plain with his Republican friends. It was a principle settled by the Republican majority of the last Legislature, that the majority should have the right of forming all committee of investigation. Therefore, if the committee should report in favor of the resolution, he should vote against it, because under Parliamentary law, its mover would become the chairman thereof. We, the majority on this floor, have the right to the Chairman and to manage and control the investigation.

Again, the resolution was not comprehensive enough. He had reason to believe--nay, he might go a step further and say he knew--that secret political associations were being formed in every town ship in the State by gentlemen who were instructed from the capital, where the order originated, by persons standing very high in the Republican party. He wanted a resolution broad and comprehensive enough to include these associations these Republican secret political associations.

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Mr. VAN BUSKIRK argued in favor of the resolution. He would favor the most rigid and searching investigation; he wanted, for the sake of the country he loved and the Government he cherished, traitors ferreted out and brought to punishment. Who was to be harmed, but traitors, by such an investigation? Gentlemen whose skirts are clear ought to court the investigation. He, in reply to the gentleman from Dearborn, (Mr. Roberts,) said that of his own knowledge he knew of sufficient facts on which to base the resolution and to demand the proposed investigation. He quoted extracts from the Cincinnati Enquirer of the 19th to show that neither the principles or instincts of the Democratic party forbade them to organize secret societies, and that it guardedly admitted their existence in this State. The course of that party in prosecuting the investigation of military arrests, and shunning this investigation was not, consistent.

Mr. BUSKIRK in reply to the gentleman from Decatur, (Mr. Van Buskirk,) declared the purpose of the majority to be to hold every officer, civil and military, to the strictest accountability for every illegal arrest which had been made in Indiana. (Applause.)

Mr. ATKISON would leave the matter to the courts.

Mr. BROWN did not propose to be convicted on Abolition testimony, as to the designs of the societies referred to by the Cincinnati Enquirer. He challenged the proof from Democratic sources, that such societies existed. He did not propose to stand here and be catechised concerning rumors set afloat by Abolition sheets and demagogues. He did not deny that, as the Enquirer had said, there were societies of as good and loyal men as ever trod the soil of this noble State, banded together for mutual protection; who had resolved that they would spill the last drop of their heart's blood, rather than that their friends should be torn from their midst by arbitrary arrests. Their object was self-protection not treason nor the demoralization of the army; for when tyrants and despots invade the threshold of civil liberty, the people will take the matter into their own hands to make those tyrants and cowards bite the dust. These men had declared that the outrages upon the citizen by this corrupt and infamous administration must stop. But where was the proof that these men were associated for the purpose of overthrowing the Constitution and the Government ot the country? Where was this proof? You had none but that furnished by your lying abolition sheets and your lying abolition demagogues.

Mr. HANNA spoke in bitter denunciation of such secret political associations as the Know Nothing organization, to which most of the gentlemen advocating the resolution had belonged. He paid a glorious tribute to the unswerving fidelity of the Democratic party to the Constitution and the Union. He was for referring the resolution.

Mr. MORGAN argued in favor of the resolution.

IN SENATE.

WEDNESDAY, January 21, 1863.

Mr. DOUGLASS from the Committee on Education reported back the joint resolution [S. 1] amending the Constitution so as to empower cities, towns and townships to levy special school taxes, recommending its passage.

Mr. MARCH explained the joint resolution. The Supreme Court had decided that no school taxes should be levied and collected save the State school tax. If the people, at the next election, approved by their votes the amendments proposed, then any local community could levy an additional school tax for the benefit of their own children.

Mr. CLAYPOOL said that he was opposed to the proposed amendments, unless some provision was made to stop the present rule, by which such counties as his (Fayette) were depleted of taxes raised in their midst to sustain other counties where the taxes collected were much less than their distributive share.

Mr. SHIELDS contended that the principle of general taxation for school purposes was correct, and that it was reasonable and just that wealthy counties should help educate the poorer ones. He wished to perfect our system so that when the volunteer left his State he could say to his wife, "If I should not come back, we have schools in which to educate our children."

Mr. MANSFIELD thought that it was the intention of the framers of our Constitution to provide an equal system of common schools throughout the whole State by which the poorest localities could have its schools. The proposed amendments enabled any community that desired to increase its school facilities to levy a special tax for that purpose.

Mr. JOHNSTON had always been opposed to the system that allowed one man to be taxed to educate the children of another. He didn't believe in the doctrine preached so often that an increase of educational facilities would increase the morals of community. If a man was a natural born rascal he would improve in rascality by education. He might stand alone on this floor in his opinion on this subject, but it had always been his view of right and justice in that regard, and he had seen no good reason lately to change it.

Mr. CAMPBELL favored the adoption of the resolution.

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Mr. MARCH claimed that in all well educated communities the proportion of immorality and crime was much less than in more ignorant localities, and that the principle was right that all should be taxed for educational purposes. This propo- did not touch that clause in the constitution, but gave additional powers to communities to levy additional taxes that all the children might be educated.

Mr. DUNNING believed that every community ought to take care of all the children in its midst, and as the proposition enabled communities to do this he should vote for the joint resolution. He was a popular sovereignty man, and believed in the doctrine of people regulating their own affairs in the matter of education. He combatted the views expressed by the Senator from Putnam,(Mr. Johnston,) and contended that it was as much the duty of those who held property to pay taxes for schools as it was to pay taxes for the support of county poor houses.

Mr. DOWNEY. There is an objection to this joint resolution that has not yet been spoken of. The Constitution of the State requires the taxation for school purposes to be general. The joint resolution proposes to give power to localities to make a specific tax. If you pass this amendment, will the Representatives from these districts consent to a general tax? Will you not nullify that provision of the Constitution? He feared the grant of the power to tax locally would destroy the system of general and uniform taxation for the purpose of education throughout the State.

Mr. MANSFIELD admitted there was force in the view presented by Mr. Downey, but he felt that the wants of cities, towns and more populous districts were such that they required more money for school purposes than the general law gave them.

Mr. RAY. It is too late in the day to deny that education was essential to the maintenance of popular Government--too late now to raise arguments against the utility of education In the face of our own Constitution, which says that "Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government," it was the duty of the General Assembly to provide laws on the subject. He thought the Senator from Ohio (Mr. Downey's,) objection untenable, for the reason that the "proposed amendments were intended to correct the existing provision prohibiting local taxation and if they were adopted there could be no conflict between their provisions and those of the Constitution as it was. No country has ever suffered by education. He thought the cant of the priesthood of New England had some effect on the ignorant minds, possibly of the South, and may have tended to produce our present troubles; but this should lead us to adopt a broader and more liberal system of education. There was a general discontent when the Supreme Court decided that cities and towns could not levy a local tax for school purposes, because such taxation would conflict with the provisions of the Constitution. The decision of the Court was legally, right, and this amendment was the remedy to meet the wants and wishes of the people.

Mr. JOHNSTON denied that the Constitution required a tax to be levied upon the people to educate the children of the State. Education was a good thing in itself, but not everything. There would be just as much justice in taxing the people to buy books, or clothing, or food for children as to raise a fund, by taxation to provide them with schools. The Constitution states what shall constitute a school fund. The doctrine that majorities shall rule in all things would do away with the necessity of a Constitution. Constitutions were made to protect minorities--majorities could take care of themselves. Protect the people and preserve the individuality of the citizen, if you want the people to love and respect the Government.

Mr. LANDERS moved to amend by limiting the provisions to cities and towns. If the people of cities and towns wanted schools for a longer period let them have them. In the fanning districts they had schools when they wanted them, and they got them up in their own way, In the country the poor children were never excluded. If you want the amendment to prevail when it goes to the vote of the people, you had better amend it cow, or it will be voted down by them.

The PRESIDENT, (Mr. Wolfe in the chair,) decided that the joint resolution having been passed by a previous Legislature it was not subject to amendment. The only question to be determined was that of concurrence or non-concurrence.

Mr. MARCH, as a member of the Convention which formed the Constitution, was satisfied that the Convention did not wish or desire to prevent localities to tax themselves for school purposes. Had the matter been presented to them directly, they would have so decided. The decision of the Court, as a legal proposition, was correct, although unfortunate. He hoped the joint resolution would pass.

The report was concurred in.

On motion by Mr. DUNNING the order of business was suspended and the joint resolution was read the third time, and passed by yeas 36, nays 7.

Mr. LANDERS from the Committee on Military Affairs reported back the bill [S. 6] ceding to the United States jurisdiction over certain lands in Marion county for an Arsenal, recommending its passage.

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On motion by Mr. NEW, the rules were suspended, and the bill read the third time and passed--yeas 42 nays 0.

GOVERNOR'S MESSAGE.

Mr. BROWN, of Wells, from a select committee to act with a similar committee on the part of the House, to wait upon the Governor and inquire what his pleasure was in regard to the delivery of his message, reported that the Governor informed the committee that, as there was not a quorum present when his message was sent in before, he now sends the message and accompanying documents.

On motion by Mr. COBB the message and accompanying documents were laid on the table.

Mr. DUNNING moved to reconsider the vote just taken--Messrs. Claypool, Browne of Randolph, McClurg and White speaking in favor of reconsidering, and Messrs. Cobb and Landers opposing.

AFTERNOON SESSION.

Mr. COBB wished to set himself right in making his motion to table. It was not from any disrespect to the Governor. He Intended to deal openly and fairly. He would at all times fairly state his reasons for his action. It was that the printing of the documents should go to the State Printer to be elected. For doing this gentlemen had abused him. He turned to the journals and read the coarse pursued by the gentlemen in opposition when Governor Hammond's message was before the Senate. These same gentlemen at that time voted to refer the message to the committee on Printing--a committee not then raised. It was done to place the message where it would sleep the sleep that knows no waking. It was not his intention to lay those documents aside thus His motion was made simply to wait a few days, when the documents would be called up and the printing ordered.

Mr. CLAYPOOL thought the record was against the argument. He did not care who did the printing. The majority might incorporate in the resolution to print, that the work should be done by the State Printer to be elected this afternoon. If gentlemen wished to apply the gag they might do so.

Mr. COBB said he had stated, time and again, that he disclaimed all intention to take advantage of the minority.

Mr. WOLFE made an ineffectual motion to lay the motion, to reconsider on the table--yeas 22, nays 22.

The motion to reconsider was agreed to yeas 24, nays 20.

Mr. CLAYPOOL moved to print 5,000 copies, 2,000 in the German language.

On motion by Mr. WOLFE the further consideration of the subject was postponed until 2 o'clock to-morrow--yeas 27, nays 17.

THANKS TO SURGEONS AND NURSES.

Mr. BROWN, of Wells, offered the following:

Resolved, By the Senate (the House concurring,) that, as the Representatives of the people of the State, we hereby extend their thanks to that noble army of volunteer surgeons and nurses, who, with great personal sacrifice to themselves, and with no prospect of future position, power or aggrandizement accruing to them therefrom, have surrendered themselves to the mission of alleviating the suffering of Indiana's gallant sons, who, by disease or the casualties of dread war, have been cast upon beds of pain and anguish.

Resolved, That the foregoing resolution be regarded as supplementary to the concurrent resolution of the Senate, which was passed yesterday returning thanks to his Excellency Governor O P. Morton, for his efforts in behalf of our sick and wounded soldiers.

Mr. BROWN offered the resolution, because on looking over the detailed statement from the Governor, he found a large sum had been paid to these Surgeons. They doubtless performed their duty and they had been paid for it. If there were surgeons who went without pay he would pay them in thanks and in any other way. He knew from his part of the State money had been raised to send Surgeons, and there was a great competition among the Surgeons who should go.

Mr. BROWNE, of Randolph, moved to strike out the second resolution.

Mr. RAY, The resolutions do not go far enough. These thanking the Governor, the other day, when first introduced, went too far. Why thank a few doctors and nurses, many of whom had already been paid the value of their services, and omit the sanitary committees, and the thousands of mothers and daughters who had given their means and their labor without reward in the same cause?

[A message from the House, inviting the Senate to repair instanter to the Hall of the House to go into the elections designated for this afternoon, was received, and the Senate preceded by the President, repaired to the Hall of the House. At 5 p.m. Senators returned to their chamber.]

The second resolution was striken out and the resolution as amended was adopted by yeas 40, nays 0.

The PRESIDENT laid before the Senate an answer to its resolution concerning the distribution of the 14th Indiana Reports.

On motion by Mr. WOLFE the papers in the contested election cases, except those relating to the seat of Mr. Murray, were referred to the Committee on Elections.

THE INSANE.

Mr. BRADLEY offered a resolution, which was adopted, that the Committee on Benevolent Institutions inquire into the expediency of so amending the law as to provide for the admission into the Asylum and the permanent care of the incurable insane of the State.

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HOUSE OF REPRESENTATIVES.

WEDNESDAY, January 21, 1863.

Mr. ROBERTS offered the following, which was adopted:

WHEREAS, The act of the General Assembly "for the organization and regulation of the Indiana militia," approved May 11, 1861, appropriated, for the years 1861 and 1862, out of the revenue of the State, the sum of seventy thousand dollars for each year, which was set apart by said act as a special fund for military purposes; and

WHEREAS, The said act requires that three-fourths of said fund shall be distributed, pro rata, by the Treasurer of State among those counties having an active militia in proportion to the number of active militia in each county; and,

WHEREAS, The Treasurer of State has failed to distribute said fund as required by said act, therefore,

Resolved, That the Treasurer of State be, and he is hereby requested to inform the House, at as early a day as practicable, why he has neglected to distribute the said fund as required by the act aforesaid.

Mr. JONES introduced a joint resolution [11 instructing our Senators and Representatives in Congress to use all efforts to procure further appropriations in aid of agricultural interests, which was read the first time and passed to the second reading.

NEW PROPOSITIONS.

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

By Mr. PACKARD, [62] repealing section 28, chapter 6, of the act defining felonies--and defining the crime of argon.

By Mr. SHOAFF, of Allen, [63] for the protection of sheep, and the taxation of dogs--repealing former laws.

By Mr. MUTZ, [64] amending section 17 of act regulating descents, so that a widow who is second wife can hold the right of dower only in the real estate of her deceased husband.

By Mr. HIGGINS, [65] for the relief of Alpheus C. Stanton.

By Mr. NIBLACK, [66] amending act incorporating the Wabash Navigation Company--enabling said company to raise money necessary for repairs.

By Mr. WOLFE. [67] amending section 5 of act concerning interest on money--allowing ten per cent. per annum upon contract.

By Mr. MILLER, [68] amending section 22 of act defining misdemeanors--relative to the punishment of public indecency.

By Mr. ANDERSON, [69] regulating the duties of State Librarian.

By Mr. JOHNSON, [70] amending section 6 of the divorce act.

By Mr. ANDERSON, [71] amending section 137 of valuation and assessment act.

By Mr. BURTON, [72] amending 22d section of act defining misdemeanors--relative to public indecency.

By Mr. LASSELLE, [73] repealing act ascertaining fees and salaries of County Clerks, Sheriffs, Auditors and Treasurers.

SECRET POLITICAL SOCIETIES.

Mr. Gregory's resolution relative to secret societies, pending at adjournment yesterday, coming up in order--

Mr. NEWMAN supported the resolution. It had been admitted on this floor that societies of men banded together for mutual protection, existed. All members of such societies were traitors. A Grand Jury of the country had found that there were treasonable associations throughout the State. The people generally believed that such societies existed. All these facts were sufficient to demand the investigation proposed.

Mr. SHOAFF, of Jay, said there was no parallel between the resolution to raise a committee to investigate arbitrary arrests and the resolution under discussion. Nor did it follow that the man who voted for the one must necessarily vote for the other. In the one instance the resolution was founded on facts; in the other on common rumor. In his county such rumors bad been prevalent,and investigations had been had, and the rumors shown to be groundless. He deprecated making this a party question. The investigation proposed would involve a needless expense. No good would come out of it. He thought it would only serve to embitter partisan feeling.

Mr BAKER argued that if no such society existed, the cost of an investigation would be amply repaid by the quieting of the public mind and good would result from the appointment of the committee of investigation if it should be revealed that secret societies existed for the purpose of defeating the laws of the State and of the General Government. The expense incurred would be nothing in comparison with the great benefit to the country if the facts, as people generally believe them, were ascertained. Democrats in his part of the State did not deny the existence of such societies.

Mr. WOLFE argued against the resolution. It certainly cast a reflection on the Democratic party, but it was based upon mere suspicion. If gentlemen had facts let them go to the courts. He did not believe any such societies existed.

Mr. HOSTETTER had reason to know that there was a secret society of traitorous tendency in existence in his county. His partner in trade was a life-long Democrat, who had always voted that ticket except at the last election. He is well known to the members from Monroe and Putnam. Lately, within two weeks, this gentleman had been invited by Democrats to become a member in a secret society existing in Boone county. A bribe was offered him. The bribe was to elect him a township trustee at the spring election. He asked, page: 69[View Page 69]Switch to Image Mode CLOSE Page 69 the object of the society. He was answered to suppress the rebellion, which the abolitionists had failed to do. How will you do it? 1st. Refuse to pay taxes to support the Government; 2d. To resist future drafts for the army; 3d. They had sent a delegate representing five counties in a convention held in this city the week before to induce the President to withdraw his emancipation proclamation. It failed. They said if it failed, they would compel the majority to pass an ordinance of secession to take Indiana out of the Union.-- His partner's name was James M. Springer, and the gentleman who invited him to join the secret order was James Samuels, township trustee. His voice should be raised against traitors hero find everywhere, he was ready to meet them in whatever shape they might come. He was for "one country, one Government, or one graveyard." He demanded the passage of the resolution and the investigation it proposed.

Mr. PACKARD said if ho understood the object of the supporters of the resolution, it was to fasten disloyalty upon , members of the Democratic party. If such disloyal Democrats could be found, he was ready to assist in bringing them to punishment. But in his counties there was not a single Democrat who believed in the existence of such societies. Governor Wright was the first man who had asserted their existence, and the people had laughed him to scorn. As to the term Abolitionist, about which some gentlemen were so restive, every man who indorsed the President's infamous emancipation proclamation and the acts of the present radical Congress, was an Abolitionist; he knew no other name for him, And as for the Grand Jury which had made their presentment, alleging the existence of treasonable societies he denounced it as a biased and Abolition Grand Jury. He proceeded, ridiculing the testimony adduced by the gentleman from in Boone. (Mr. Hostetter.) It came from the vicinity of the famous Boone County Bank, and he was afraid there was some fraud in it. The disloyalty of Democrats would be found on investigation to consist in opposing the acts of the present Administration. If that was disloyalty, he was disloyal. If that was treason he was a traitor, and Abolitionists might make the most of it. For he did, here and now, denounce the acts of Abraham Lincoln's Administration. He did, here and now, denounce his infamous proclamation--his trampling upon the Constitution and the laws. It was the right of the people to resist tyrants and usurpers, and, he said, here and now, (he cared not how many spies and informers were lurking about this hall) he was ( ready to join any society to protect their rights and liberties--to maintain the laws, and the Constitution. He concluded with a glowing eulogy upon the fidelity of the Democratic party to the Constitution, laws and liberties of the people.

AFTERNOON SESSION.

Mr. CASON introduced joint resolutions 12,13 and 14 passed by the last Legislature and identical with Senate joint resolutions 1 and 2, [see page 44 of these Reports] embracing the following points:

1st. Amending the second section of the second article of the Constitution, to enable the Legislature to define the residence of voters.
2d. To amend article eight of the Constitution, to enable cities, towns and townships to levy taxes for common school purposes.
3d. An additional amendment to the twenty-third section of the fourth article of the Constitution, permitting incorporated cities and towns to pass laws levying special school taxes.

Which were read the first time and passed to the second reading.

Mr. BROWN offered the following which was adopted:

WHEREAS, One Andrew Wallace, now holding the office of President of the Board for the Management of the Benevolent Institutions of Indiana, has held during the same time and now holds the office of Surveyor of "this District of Indiana," an office of trust and profit; and,

WHEREAS, The said Andrew Wallace, in a card published in the Indianapolis Daily American, of August 13, 1362, did admit that he held the office aforesaid, in the following words, to-wit: "Editors Evening American: Please explain, for the benefit of the ignorant, as to passes. I am acting United States Surveyor for this District of Indiana, holding my commission under his Honor, Secretary S. P. Chase,with power to arrest traitors against our Government, and issue special permits;" and that he had been selling such permits for over one year; and,

WHEREAS, The said Wallace admits in said card, so published, that crowds went to his office in Indianapolis, and all that were worthy to receive them, he sold to, and a great many he refused, charging for said passes twenty-five cents each to all persons who desired to leave the city in pursuit of their business avocations, an act derogatory to and in violation of the rights of the free people of Indiana; and,

WHEREAS, The Constitution expressly provides that "emigration from the State shall not be prohibited," and the said Wallace, in the exercise of an assumed arbitrary power, attempted to prohibit the free transmit, or "emigration," of the people of Indiana, unless they procured from him "free papers," the same that are required of the negro slave from, his master; and,

WHEREAS, The Constitution expressly declares that no person shall hold more than one lucrative office at the same time, except as is expressly permitted in that instrument; and,

WHEREAS, The said Andrew Wallace stated, before his election to the office of President of the Board aforesaid, that he wanted the position for its honor, and pledged himself not to use it for the advancement of his private interest; therefore,

Be it resolved, That the Attorney General of this State be instructed to inquire and report to this House whether the said Andrew Wallace has not vacated the office of President of the Board of Benevolent Institutions, by holding at the same time the office of "United States Surveyor for this District of Indiana."

SECRET POLITICAL SOCIETIES.

The House resumed the consideration of Mr. Gregory's resolution.

Mr. ATKISON was not convinced by all page: 70[View Page 70]Switch to Image Mode CLOSE Page 70 he had heard during the discussion this morning, that the investigation proposed would amount to anything. He conceived, if such societies existed, the proper place to arraign the members was in the courts. The Grand Juries of the country could inquire concerning all such matters, and when facts were found to warrant it, make presentments. On this floor were members urging the resolution who had been themselves members ot a secret political society--the Know Nothing order. The mover of the resolution himself had been a member of such secret political society, He, if the resolution were adopted, would be chairman of the proposed committee. That being the ease, we could well understand what sort of a committee we would have, and what sort of investigation, so far as Democrats, who had always been opposed to secret political societies were concerned. He was not willing, as the resolution proposed, to impeach the loyalty of so great a number of his fellow-citizens. The resolution was one for buncombe.

Mr. CASON insisted upon the existence of secret political societies. A Grand Jury of Indiana had said so.

Mr. BROWN (interrupting,) asked the gentleman if that Grand Jury had not perjured themselves, first, by divulging acts they were sworn to conceal; second, by presenting 15,000 citizens of Indiana as traitors and than failing to find a bill upon which any one of them was convicted?

Mr. CASON. Every lawyer in the State knows that they did not. They did not, as the gentleman said yesterday with defence to the editor of the Indianapolis Journal, "draw upon their imagination for their facts." I will ask the gentleman how he knew that the matter was as stated in regard to that editor?

Mr. BROWN. I said that the editor of the Journal did, upon his oath, admit before a Grand Jury that he drew upon his imagination for the matter of his editorials.

Mr. CASON. Before what Grand Jury?

Mr. BROWN. Before the Grand Jury of Sullivan county. That editor had stated in his paper that he knew of a plot by citizens of that county to assassinate Governor Morton by placing obstructions on a railroad track. When summoned before the Grand Jury of that county he declared upon oath that he knew nothing of the matter whatever; nothing of such a conspiracy, although he had stated in his paper that be did; and that so far as he had said anything concerning it he had drawn upon his imagination for the facts.

Mr. CASON. How do you know this?

Mr. BROWN. I can prove it by members on this floor.

Mr. CASON. Were they members of the Grand Jury?

Mr. BROWN. I do not say whether they were or not.

Mr. CASON. If they were, according to your own argument, they have perjured themselves, divulging what they should not have divulged. If they were not, they received their information from perjurers. He resisted the idea that the majority of this House should have the chairman and majority of the committee proposed by the resolution. What did they desire this for, if not for the purpose of stifling investigation? He appealed to the majority, as patriots, as statesmen of Indiana, not to resort either to tyrannical, action or subterfuges to defeat this investigation, demanded by every loyal man in the State.

Mr. BUSKIRK explained his position yesterday as to the formation of the committee. If Mr. Gregory's resolution was adopted, by Parliamentary law he would be chairman and would be entitled to have a majority of the committee from his owns party. It was competent for the majority to refer, and dispose of the question, till some one of the majority should move for an investigation, be Chairman and secure control of the Committee. Hence he desired the reference to the Committee on Federal Relations.

JOINT CONVENTION.

Three o'clock having arrived, the Senate preceded by the President, entered the Hall.

The PRESIDENT of the Senate called the Convention to order and announced that the General Assembly were met in Joint Convention, pursuant to a concurrent resolution of both Houses thereof, for the purpose of electing a State Printer, three directors for the State Prison South and three for the State Prison North.

On motion by Representative BROWN, the Convention proceeded to elect

PRISON DIRECTORS, SOUTH.

Representative NIBLACK nominated George E. Greene, of Knox County for the term of four years.

Senator RAY nominated Samuel Donaldson, of Shelby, for the term of four years.

Representative MOORMAN nominated A. S. Crothers and Samuel M. Mitchell.

Messrs. Greene and Donaldson received 81 votes, Messrs. Crothers and Mitchell 54.

The PRESIDENT declared Messrs. Donelson and Greene duly elected.

Representative HOWARD nominated John F. Reed of Clarke for the term of two years.

Senator MARSH nominated Wm. Brotherton, of Delaware.

Mr. Reed received 81 votes, Mr. Brotherton 54.

Mr. Reed was declared elected.

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PRISON DIRECTORS, NORTH.

By consent, the Convention agreed to vote for the three Directors at one ballot.

Senator HOAGLAND nominated Thos. Tigar, of Allen.

Representative WOLFE nominated Jas. H. Swaar, of Owen.

Representative MILLER nominated R. S. Hastings, of Tippecanoe.

Representative MOORMAN nominated Chancey B. Blair, of Laporte, Hugh Hanna, of Wabash, and Jonas Votaw, of Jay.

Mr. Swaar received 83 votes, Mr. Hastings 81, Mr. Tigar 80, Mr. Blair 56, Mr. Votaw 56, and Mr. Hanna 55.

Messrs, Swaar, Hastings and Tigar were declared duly elected for four years.

STATE PRINTER.

Senator BROWNE, of Wells, nominated Joseph J. Bingham, of Marion.

Senator BEESON nominated Berry R. Sulgrove, of Marion.

Mr. Bingham was declared elected.

The PRESIDENT. The business for which we met 'having been transacted, I pronounce this Convention adjourned sine die.

When Senators had retired--

Mr. CASON resumed. No one who had listened to the discussion here could avoid the conclusion that such secret political organizations do exist: and have not all these gentlemen who proclaim that they were on Grand Juries and called hundreds of witnesses and foiling no evidence of such secret organizations, proven themselves by the logic of their party friends to be perjured rascals? We have other facts. Prominent Democrats have declared their existence. Judge Hughes has done it. We have seen and heard enough ourselves to convince us of their existence, and I shall assume their existence as incontrovertible. If they exist; if their design is to thwart the operations of the government, or other illegal purposes, have we not a right to investigate them? Shall we not investigate whether they are criminal in their aims? But the Democrats say the resolution charges the Democracy with belonging to treasonable societies. The resolution makes no charge that that party as a party composes this secret organization. It strikes against the societies themselves, not against parties. Why are gentlemen so delicate? They who press investigation on other questions? What is it, except that they fear it may "disclose that prominent men of their party, men whom they have nominated for office, may be implicated? Will they attempt to stifle investigation for partizan success? Are these men, who have piously and plaintively read lectures to the minority about constitutional oaths, and duties, ready to stifle investigation for partizan ends? He reviewed the course of the majority, in their attempt to override the minority, and their constant denunciations of the Government, while they were prating about the rights of traitors.

IN SENATE.

THURSDAY, January 22, 1863.

Mr. DOWNEY offered a resolution, which was adopted, that the Judiciary Committee inquire into the expediency of authorizing a competent officer in the several counties to grant injunctions and writs of habeas corpus.

COURT OF COMMON PLEAS.

The following resolutions heretofore offered by Mr. BROWNE, of Randolph, [see page 36 of these Reports] were on his motion taken up:

Be it Resolved, That the Committee on the Judiciary be and is hereby instructed, at the earliest practicable moment, to prepare and report to the Senate a bill or bills embodying substantially the following:

1st. Abolishing the Court of Common Pleas, and the office of District Prosecuting Attorney.
2d. Increasing the number of Judicial Circuits to not less than twenty, nor more than twenty-four and providing for three terms of the Circuit Court each year.
3d. Transferring the civil business that may be pending in the Common Pleas Courts at the time said act may go into effect, to the Circuit Courts.
4th. Giving to Justices of the Peace exclusive original jurisdiction of all misdemeanors, the punishment of which is by fine only; extending the jurisdiction of the Circuit Court and the Grand Jury to misdemeanors, the punishment of which may be imprisonment in the county jail; and providing further, that whenever a Justice of the Peace shall be of opinion, upon the investigation of a misdemeanor that adequate punishment would exceed his jurisdiction, he shall require the accused to enter into a recognizance for his appearance to answer the charge at the next ensuing term of the proper Circuit Court, or in default thereof commit him to the County Jail; and in such case the Circuit Court shall proceed to try said cause upon the affidavit filed before the Justice. Also, making it the duty of the Prosecuting Attorney to prosecute such cases in the Circuit Court, and allowing him therefor such fees as are allowed by law in other cases.
5th. Giving the Circuit Courts jurisdiction in cases of applications to sell land by Guardians, Assignees, Executors and Administrators, actions for partition, and in all cases of Probates that may require litigation.
6th. Requiring Guardians, Assignees, Executors and Administrators to make their reports, accounts current and final statements to the Clerk in vacation.
7th. Providing that in all cases of final settlement, or where an allowance for service may be demanded, in any report or account current, the Clerk shall receive and docket the same, in a proper record to be kept for such purpose, and shall present the same for inspection and allowance to the Circuit Judge, on the first day of the next ensuing term of the Circuit Court.
8th. That in all cases, any person interested may appear before the Clerk in vacation of the Court, in term time, and file his written objections and exceptions to any report, account current, or final settlement; and upon the filing thereof the cause shall be properly docketed, and after the service of process upon the adverse party, as in other civil causes, it shall stand for trial. Upon the hearing thereof, the Court shall make such order respecting the controversy as the law of the case may require, and shall page: 72[View Page 72]Switch to Image Mode CLOSE Page 72 award the costs against the losing party, or divide them between the parties, in such manner as to the Court may seem equitable and just.
9th. Providing such additional compensation for the Clerk as may be reasonable, in view of the in-creased labor that may be imposed upon him.
10th. Providing that the act shall take effect and be in force from and after the 1st day of November, A. D. 1864.

Mr. COBB moved to amend so as to direct the committee to inquire into the expediency of reporting a bill on the subject.

Mr. BROWNE, of Randolph, said his object was to get an expression of the Senate on the subject. He was not at all tenacious about the resolution being imperative, nor did he care whether it went to the Committee on the Judiciary or to the Committee on the Organization of Courts. The merits of the subject could be as well discussed on the resolutions as they could be if a bill was prepared. If the expression was favorable he would assist in preparing a bill.

The amendment was adopted.

Mr. MARCH moved to amend so as to instruct the committee to inquire into the expediency of abolishing the Grand Jury system. He said that in old English times the introduction of the grand jury system was an advance upon civilization. But in this day no such star chambers were necessary, where spiteful people could go before an inquisition and blacken the characters of innocent men. They should fee abolished and public investigation in open court instituted instead. Their abolition would save much money to the State.

Mr. RAY had always thought that all attempts to change the grand jury system were but steps downward. Its efficiency had been damaged already. It had been so emasculated as to embrace within its jurisdiction only that class of crimes known as felonies. He spoke of the general in-competency of Common Pleas Judges and Prosecutors to administer justice. Under the present duplicate system of criminal jurisdiction, the majority of the prosecutors have been taken from the constitutional side of the bar--those who become lawyers by the easy mode permitted by our Constitution. A change which would abolish the Common Pleas Courts would prove to be an economical move. He referred to the practical working of the system by which the settlement of estates and the whole probate business was left to the judgement and attention of the lawyers interested, and by which the prosecuting business was frequently subbed out to deputies in the counties for a consideration by the Prosecutor, who remains in his own county, thus encouraging corruption in office. He had made a calculation and was satisfied that thirty-three per cent. would be saved in salaries and court expenses to the people of the State by abolishing this court. As to the probate business he cared very little whether this were left with the Clerk or a local surrogate court. The settlement of conflicting jurisdiction between different Courts had cost the State more than the whole grand jury system. The changes proposed would raise the dignity of the Court, But little respect was now paid to our courts because their administration was placed in the hands of incompetent officers. As to the grand juries he claimed that society had no protection save in such juries, for when it became the duty of individuals to publicly stir up strife in the community crime would necessarily go unpunished. This was proved by the general neglect of prosecutors to file information in counties where the local prosecutor did not reside. The abuses of the Common Pleas system were the legitimate result of the degradation of our judicial system. With but one Court in which all criminal and civil business was settled, competent Judges and Prosecutors could be had, justice would be more speedily administered and the expense to the people lessened.

Mr. WOLFE was opposed to the abolition of the Grand Jury system, but would rather return to the old system that gave Grand Juries jurisdiction of all misdemeanors where the punishment was at least imprisonment. The entire system of simplification of pleadings and practice had done more to complicate the practice in Courts than anything else. From 1816 to 1852 we had but eight volumes of Supreme Court reports; since 1852 there had been published sixteen volumes of the same reports, and two more were ready for publication. The changes proposed could work no benefit to the judicial system. As to the economical question, he had made an estimate two years since, when similar propositions were presented, and found that the change would cost much more. By no system of jurisdiction can the amount of business required to be performed by the Courts be lessened. If the Common Pleas Court should be abolished, its business though transferred to another Court, would not be lessened. If five cases in one court required five days of jury service, and five cases in another court required five days of jury service, the ten cases if thrown into one court, would occupy a jury just ten days, and no more time or pay would be saved than if there had been no transfer. The increase of circuits would require nearly the same amount to pay the salaries of additional Judges and Prosecutors that would be saved by the abolition of the Common Pleas Court. While he admitted that there were objectionable features in the common pleas system, it was no good reason that it should be abolished. Let the objections be removed without abolishing the Court. The system, as first introduced, was better than the present one. He page: 73[View Page 73]Switch to Image Mode CLOSE Page 73 would favor a change that would place the criminal business in Circuit Courts, with but one Prosecutor for each Circuit.

Mr. NEW offered the following-additional instructions to the committee: "That the expediency be inquired into of abolishing the criminal jurisdiction of the Courts of Common Pleas, and restoring to the Grand Juries jurisdiction of all misdemeanors, concurrent with Justices of the Peace, and requiring the Circuit Court to hold criminal terms in any county upon the request of the County Commissioners of such county."

Mr. MELLETT said the propositions involved no substantial change in our judicial system. We now had two courts of concurrent jurisdiction, and parties had choice of either in which to bring actions. It was no advantage to the people to have one court sit six weeks and then adjourn to be immediately followed by a four weeks session of another court having nearly the same jurisdiction. They could not understand why a ten weeks term of a single court would not answer just as well. He alluded to the manner in which criminal trials were put through Common Pleas Courts by incompetent officers, and claimed that such administration of justice was the result of the system. There must be clashings of jurisdiction. If the proposed change was made the people would find they had but one court to go to, with one judge, and less inconvenience would follow. While the change would not be a radical one. it was certain to prove advantageous. He was opposed to abolishing the Grand Jury system. Under the common Pleas system of bringing criminals into court upon information filed by the Prosecuting Attorney, favoritism and prejudices frequently controlled prosecutions. He would give most of the misdemeanors to grand juries. Common Pleas prosecutors now employed deputies to file informations, and under that rule the guilty often went unpunished. If the Circuit Courts were allowed to hold three terms a year and the Common Pleas Court were abolished, a uniform system of judicature would exist throughout the State.

Mr. BROWNE, of Randolph, supposed the mover of the proposition to abolish grand juries, was willing to abolish all courts except the Court of Conciliation. He (Mr. B.) had great respect for the old system of practice and thought the new code had done but little good. Instead of confiding inquiries as to misdemeanors to twelve men, the code had placed this power in the hands of one man, who, as Prosecuting Attorney, could not judge impartially of such matters. Grand juries now involved as much expense as under the old system when they had jurisdiction of all classes of misdemeanors. They sit as long, juries were not star chambers. No twelve men would present any one from malice, nor would they fail to present any one from base considerations. Under the present system more men were brought into court charged with crimes that could not be sustained, than under the old system. He believed in restoring to grand juries all classes of cases where the punishment was imprisonment in the county jail. The judicial system had been so simplified that neither the people nor the bar respected it. He favored abolishing the Common Pleas Court because we had two Courts of similar jurisdiction, which did not facilitate justice. Where the terms of the two courts followed one another it was the same as one court with different judges. The Common Pleas was an expensive court. The jury of that court was an additional expense that would be lessened by the abolition of the court. The increase of Circuit Judges and the abolition of Common Pleas Judges would save $23,000 to the State; saving in bailiffs fees would be $15,000 and in the salaries of Prosecutors $5,500. In addition there would be a saving, of a considerable amount in incidental expenses, and the whole saving would not be less than $60,000. A surrogate system would, perhaps, increase the expenses some. An increase of the number of courts and officers must necessarily diminish the pay, and as a consequence an inferior order of ability was upon our benches and in the prosecutor's offices.

Mr. MARCH said when he introduced his proposition he had not anticipated such a buzz. He did not know whether to treat as ludicrous or as serious this hifalutin talk about the "dignity of the bar." The proposition was to tear down the whole judicial system except the Grand Jury. He believed that any investigation to be just, should be public. The grand jury system retained the odors of the tyrannical systems of old. It was too late in the day to talk about the practicability of the present system of law practice. The old system was the result of a barbarous age, piled up in perfect cobwebs of form and technicalities, until justice was clouded from view. The present system of administering law had lessened the expenses one half. Before, litigants had to go into courts of equity or law, and if they got into the wrong door they got kicked out with a bill of from $500 to $1,000 of costs, with an exclamation from the court, "this is the temple of justice." Besides this there were nine different forms of action, and if the litigant failed in any one, he had to pay the cost and commence anew. Now there was no distinctions between forms and actions. The old systems of pleading and practice had perished and could never be restored. He said that under the old system of procuring certificates to practice law, an oyster supper and some good old Bourbon had more to do with it page: 74[View Page 74]Switch to Image Mode CLOSE Page 74 than Littleton on Coke. No amount of sheepskin or diplomas would ever make a lawyer. He must be a man--not one who was bent on taking little advantages on all occasions, but one who could be a peacemaker, when necessary. As to the increase of Supreme Court decisions, it was sufficient answer to say that an increase of population increased the business of the State. It had been said that litigation had been multiplied, but the decisions of the Supreme Court showed that slander suits had been in a measure done away with, through the influence of courts, of conciliation, and under the new rules of practice. He knew of no deterioration in ability of judges in his portion of the State. In conclusion, he would say that he was in favor of the present system, and for perfecting it wherever defective, and for preparing something to take the place of the Common Pleas Courts, if something better could be found.

AFTERNOON SESSION.

On motion by Mr. WILLIAMS, the subject under consideration was informally laid aside to enable Mr. Murray to address the Senate in behalf of his claim to retain his seat and in opposition to the claim of the contestant Mr. Baker.

Mr. MURRAY gave a statement of his case reviewing the arguments of the gentlemen who had spoken for the contestants. His case was different from some others. He was elected, as Senator from Elkhart and Lagrange in 1860. He attended as such Senator the regular and special sessions. He accepted the appointment of Regimental Quartermaster in the 48th regiment when that regiment was raised and served in that capacity nine months. His opponent (Mr. Baker) was elected on the plea with his people, that he (Mr. Murray) had vacated his seat by accepting an incompatible office. Mr. Baker who claims the seat held a lucrative office at the time he was elected, and only resigned it after the election returns were in. These were the main points in the case. Mr. Murray asked, that if he was excluded, that his opponent be excluded also. Under the extraordinary circumstances surrounding the country, where so many had got mixed up with military affairs through the best and purest motives, he did not think a strict construction should be put upon the constitutional disqualification. Certainly an arbitrary construction should not be put upon that clause or the decisions of the court under it.

On motion by Mr. WOLFE, the papers in this contested case were referred back to the Committee on Elections.

On motion by Mr. LANDERS, the Senator from Bartholomew (Mr. Hord,) was added to the Military Committee.

HOUSE OF REPRESENTATIVES.

THURSDAY, January 22, 1863.

Mr. CASON resumed his speech on Mr. Gregory's resolution relative to secret political societies. He reviewed the arguments presented by the majority, showing that their success was due to the absence of 60,000 soldiers in the army; and when they come home there would be a day of retribution for those men who denounce the Administration.

Mr. BROWN. Mr. Speaker, I think I have a right to make a word of explanation. The gentleman from Boone and Hendricks, (Mr. Cason) has charged upon me that in my remarks here I have spoken as though I thought that white soldiers in the army of the United States were good enough to be shot down by secessionists, whilst the negroes of the South should be employed in raising the products of the soil to sustain the armies of the rebellion and construct entrenchments for them. The gentleman is mistaken. I think white soldiers too good to be shot down by anybody; and I think all negroes are mean enough to do the bidding of any white man; and that is what I said. Let me say, further, that while I oppose the proclamation of the President of the United States, I do so because it imposes burdens only upon the loyal people, and upon them alone. The objection which I make to the proclamation affecting the progress and action of our armies, so far as the negroes are concerned, is, that its only effect is to take them from their homes and send them up to Washington to feed them; and I say here, that if the negro puts himself in the way of our armies, let him be swept out of the way by force of arms, and not by proclamation.

Mr. BURTON denied the existence of any such society as the Knights of the Golden Circle, in the North. Such Societies were peculiar to the South--the natural offset of the pestiferous New England Abolition societies. Both alike sought to overthrow the Constitution and the Union. It was an insult to the Democrats of Indiana to accuse any one of them of belonging to either of such societies. A man could not belong to them and be a Democrat. The party in power acted in accordance with the purposes of these disunion societies. Talk to him about the desire of the President to restore the Government! He had obtained an army under false pretensions, and was now wielding it for the abolition of Slavery. Thus he had driven every hitherto loyal man in the South to the standard of rebellion. He knew not whether there were Democrats in the South now or not. After these troubles were settled he would ascertain that. But Democrats in the North, now and forever, were opposed to Abraham Lincoln's infamous emancipation procla- page: 75[View Page 75]Switch to Image Mode CLOSE Page 75 mation. No language could express their contempt of him for making himself the dirty tool of the miserable Abolitionists. He was a man of no purpose, ruled by others, of very little brain; and it was a great pity that he was President. It was a great pity that he had not remained in Springfield to tell jokes in barrooms. Democrats were opposed to his trampling on the rights of loyal citizens throughout the North. He did not deny that there were societies of good and true men, associated to arrest their constitutional rights against all such despotism. He did not, he said, admit or deny it. But that old political granny, Joe Wright. who was distinguished for nothing in particular but his terror of a thunder storm and his remarkable good judgement as to the qualities of sheep, had gone all over the State telling the people that Knights of the Golden Circle were organized in Indiana and if they didn't look out their houses would be burned and their wives butchered. He scared some old women and children, but the people laughed at poor old Joe. Mr.B.denounced the policy of the Administration. The war from the beginning he had been opposed to. It was an unnatural, an inhuman war, waged for the liberation of the negro. He demanded that it should stop. It was time for peace.

Mr. BRANHAM regretted the course the discussion had taken. He wished for an end of it. He hoped the subject would be dropped. He hoped nothing said about the President of the United States would be reported. The resolution was unnecessary, and this discussion was ill-timed and useless. The interests of the State--especially in financial matters--required a large amount of the attention of the House. The State debt of ten millions would soon be due, and must be provided for. Fraudulent bonds to the amount of a million were on the market, and require some action at our hands. The proof was overwhelming that secret political societies existed all over the State, and would soon be laid before the public without our action.

Mr. NIBLACK did not come to the Legislature to discuss abstract questions of the sort under consideration. He came here for practical and needed legislation, he had forborne, although holding Democratic views, from discussing questions which might stir up strife and contention. But this question and others like it, had been thrust upon us. In discussing them he would not impugns the patriotism of the people. If this war should become a failure, as the conviction seems to be forcing itself that it would, he would not charge it upon any party. It would not be the fault of the masses of any party. All these were alike patriotic. It would be the fault alone of our Generals in the field and of those in authority at Washing ton. It was wrong, therefore, for a man who is tottering on the brink of the grave, as the gentleman from Boone, (Mr. Cason) seems to be, to charge the masses of a great party with disloyalty--with seeding by means of secret political societies, to over throw the Constitution and the Government. To such societies he [Mr. Niblack] had always been opposed, and for their dissolution had relied upon the sober second thought of the people. The people themselves would correct these things. He could not believe that such societies existed in Indiana. If so, they would have been exposed long since. In the portion of the State in which he lived, the presiding judge of the Circuit had. at every meeting of the Grand Jury, charged if to investigate concerning these matters. Communications had been made to his Excellency that there was such a society in Knox county, consisting of over one thousand persons. The Grand Jury could not find a vestige of it. Gentlemen had stated that they had positive personal information with regard to the existence of secret political societies in Indiana. He would ask the gentleman from Boone and Hendricks [Mr. Cason] if he had communicated his facts to any court of justice.

Mr. CASON. The gentleman knows that I based my argument on matters already before the public. I never asserted that I knew anything of my own personal knowledge concerning the existence of secret societies.

Mr. NIBLACK. I desire it to go to the country that the gentleman states that he had no facts--that he had been talking about something he knew nothing about.

Mr. CASON. When the gentleman intimates that I argued from any facts in my own knowledge, he utters what he knows to be a slander upon me.

Mr. NIBLACK. Does the gentleman impeach my integrity and veracity when he says I slander him?

Mr. CASON. I mean that, as I have said, the gentleman knows he misrepresents me, when he states that I asserted that I had! facts of my own with regard to the existence of traitorous societies,I will not explain one inch further.

Mr. NIBLACK. I will not pursue the gentleman further. The man upon whom Almighty God has laid his hand ought to be spared by man. But. Mr. Speaker, the men who go about the North crying out traitor--persecuting some man against whom they entertain malice perhaps, or whom they wish to beat in an election--these men, not the best men of the Republican party, the gentleman from Boone and Hendricks always excepted, should shoulder their muskets and go South, where there are traitors. He would remind that gentleman of the adage, that page: 76[View Page 76]Switch to Image Mode CLOSE Page 76 threatened men live longest. If traitors could be put down by threats, by proclamations, they would long ago have been the worst whipped people on God's earth. They would have been whipped before a blow was struck. The class of men among us who shout traitor the loudest, not the sensible gentlemen of the Republican party, the gentleman from Boone and Hendricks always excepted, approved, for instance of the McNeil murders in Missouri, where ten citizens were executed because of the disappearance of an old man, who reappeared a day or two after the inhuman and most monstrous deed was done. This class of men, the scavengers and dirty work doers of the Republican party, the gentlemen from Boone and Hendricks always exempted, approved, of the President's emancipation proclamation and of every act of tyranny and usurpation by the Administration. These were the men who shouted traitor all the time all the time against as good and as loyal men as there were in Indiana. These were the men who would assault hen-roosts at midnight, but who would never risk their precious bodies in defense of their country's Constitution and flag.

He believed that the agitation of this question was a trick by the opposition to divert the attention of the people from the conduct of the war by the Administration. This was an old trick in party politics.-- He asked gentlemen in opposition if they would not candidly admit to themselves that this was the fact. He argued against the proposed investigation, because it would involve a fruitless expense. It was entirely unnecessary, for upon the statute books already there was a law bringing to punishment persons guilty of disloyal practices. The people of this State are loyal and would enforce that law. We acknowledge the Constitution of the United States; and if State after State should leave the Union until Indiana only be left, she would remain true to the old flag, the old laws and the old Constitution. Not a single obstruction had ever been offered to the due administration of the laws in this State. The whole power of the Government was brought to bear in the case of the Federal Courts. If the United States Grand Jury, although they had issued a political pronunciamento previous to the October election, had failed to ascertain a single presentment; if county Grand Juries all over the State had failed in like manner, could we succeed better by any investigation we might undertake? In conclusion he said that from his former relations with persons in the South, he certainly should, if such an order existed in Indiana as the Knights of the Golden Circle, have had some intimation of it.-- Gentlemen had admitted to him that, in some localities where there was a good deal of irritation existing growing out of political arrests, mutual protection societies had been formed, but there was nothing treasonable in them. He had also been told by a gentleman yesterday that there was a secret society in the interest of the administration--in the interest of that party of which Governor Morton was the head in this State--now being formed in this city, and that it was to be extended throughout the State, and arms put in the hands of its members.

AFTERNOON SESSION.

Mr. ANDERSON. It had been said to the minority that they had no right to ask for this investigation because they voted against the resolution on arbitrary arrests. He was in favor of a free investigation, but as the resolution in reference to arbitrary arrests stigmatized the government of our country as guilty of tyranny and outrage, which would not be committed except in a despotic government, he voted against it. He had always before this, thought this a free country. But without any proof to the contrary, he was called upon to pass that resolution and condemn the Government as despotic. He referred to the Democratic members pluming themselves on their possessing all the honesty and purity in the country, yet the same persons had just elevated to a responsible position a man who had appropriated to his own use thousands if not tens of thousands of dollars of the property of the State, and to another position a man who had made himself rich out of contracts with the State and with the United States. As to Know Nothingism, of which they have such a horror,an order with which he had never been connected, lie understood the Democrats in 1856 kept the machine in operation, to assist in electing James Buchanan, and that in this State in 1856 certain Democrats lined their pockets with gold to keep the machine running. This war was called an unholy war, and had been bitterly denounced on this floor. If such men are in earnest, they would show consistency in putting themselves alongside with their dear brethren at the South. They talk of resisting the Administration, but not the Government. The Constitution has no life except through the persons administering it. He had heard from these gentlemen, for every word In favor of the Constitution, ten words denouncing in the bitterest manner the Executive and those who sustain him, who are earnestly endeavoring to save their country. An outsider who was to form his estimate of the country he was in from, the character of the remarks and resolutions presented here from the first day of the session, would have thought himself in the Palmetto State. Taking, the statement of members on this floor it was admitted by page: 77[View Page 77]Switch to Image Mode CLOSE Page 77 them that such societies existed for mutual protection. The members of these societies are not willing to rest with the courts the question of the Constitutionality and justice of the acts of the administration. They, meeting in secret at night in bye-places, are to set themselves up as judges, and determine what is tyranny and what acts of resistance they shall take against the government. And yet these gentlemen stand up and justify the people in taking the law in their own hands, and announce that they are ready to join with the people.

Mr. LEE. One remark was made by the gentleman who had just taken his seat which he could not let pass. He had said that the Democratic party stole. Good God! he did not suppose that there was a Republican who, at this stage of the game, would say any thing about stealing! Again: That gentleman had said that there were traitors in Indiana; that there were members of the Democratic party who, he insinuated, were traitors. Why did he not hunt them out and bring them to punishment? This discussion had proceeded far enough. It was time now to attend to the business of legislation. The majority on this floor had always treated the minority with all due respect, but to make a finality of the whole thing he moved indefinitely to postpone it.

Mr. MILROY spoke in vindication of Democratic principles, and in condemnation of the peculations and villainies of the Republican party. That party had plundered the public treasury; had repudiated the professions by which they obtained power, and he would not be surprised if they would yet deny their daddies. He (Mr. Milroy) had been in many battles of the war. But he was a Democrat and therefore could not sanction a war for the freedom of Americans of African descent. As for Jeff. Davis, he was a traitor and ought to be hung as high as Haman, and his bones left in mid air, for the winds of Heaven to whistle Yankee Doodle through.

Mr. RICHARDSON vindicated General McClellan, from aspertions attempted to be cast upon him by the gentleman from St. Joseph, (Mr. Anderson.) He (Mr. Richardson,) had served under Gen. McClellan. He was under him in the fearful battles along the Chickahominy. And he give it as his deliberate opinion that Gen. McClellan was the only general able to command our armies. (Applause.) He had never heard an officer or private utter any thing detracting from the merits of Gen. McClellan. He had been hounded by the Abolitionists only.

Mr. GREGORY concluded the debate. He was in favor of a free and full investigation, and had no partizan ends to serve in the matter.

Mr. LEE moved to indefinitely postpone.

Mr. BROWN moved to lay the motion and resolution on the table.

The yeas and nays were demanded by Messrs. Griffith and Woodruff, and being ordered and taken resulted--yeas 53, nays 36--as follows:

YEAS--Messrs. Abbett, Atkison, Blocher, Bregan, Brown, Burton, Colling, Cook, Donaldson, Ferris, Garvin, Given, Hall, Hanna, Harden,of Washington; Hardin, of Perry; Harney, Hetfield, Holcomb, Hon, Howard, Howell, Humphreys, Kemp, of Dubois, Lasselle, Lee, Lemmon, of Harrison; Lemmon, of Spencer; Mason, McGauchey, Miller, Milroy, Mutz, O'Brien, of Martin; Osborn, Packard, Pendleton, Priest, Reitz, Richardson, Rippey, Ryan, Shaffer, Shoaff, of Allen; Shoaff, of Jay Spencer, Veach, Roberts, Waterman, Williams, Wolfe, Woollen and Mr. Speaker--53.

NAYS--Messrs. Abdill, Anderson, Baker, Budd, Byerle, Cass, Chambers, Davis, Forester,Gregg, Gregory, Griffith Hershey, Higgins, Hostetter, James, Johnson, Jones, Kendrick, Lamb, Leeds, Marshall, Moorman, Morgan, Mustard, Newman, Noyes, O'Brien, of Hamilton; Perry, Pettibone, Robinson, Roe, Stone, Tarkington, Van Buskirk, and Woodruff--36.

So the resolution and pending amendments were laid on the table.

Mr. ROBERTS moved to reconsider the vote just taken and to lay that motion on the table.

The latter motion was agreed to.

HONOR TO OUR SOLDIERS.

Mr. PACKARD offered the following joint resolution [15] which was read the first time and passed to the second reading:

WHEREAS, Patriotism is correctly defined as love of our whole country, and loyalty the defense and support of its Constitution and laws; and,

WHEREAS, The due appreciation and encouragement of those who have in some distinguished manner evinced these high qualities of the citizen are eminently proper, and the just tribute of a nation gratitude; therefore,

Be it resolved by the General Assembly of the State of Indiana, That we do hereby tender our sincere and heartfelt thanks to the brave and patriotic soldiery (officers and men) of the State, who banishing all feeling of passion and resentment, and recollecting only their duty to the whole country, have, since this unhappy struggle began in our land, gone forth for the noble and patriotic purpose of waging this war, not in any spirit of conquest or subjugation, nor for the purpose of overthrowing or interfering with the right or established institution of the States, but to maintain and defend the supremacy of the Constitution, and to preserve th Union with all the dignity, equality and rights of the several States unimpaired.

And we do assure them, that in the noble valor and bravery that have so signally distinguished them on many hard fought fields, we feel a manly pride and satisfaction, and are assured that whatever stigma ignorance and injustice may have attached to the Indiana soldiery in other times, has been nobly wiped out, and that the fair escutcheon of our State is left resplendent only with glory and renown.

To the families and friends of the noble brave who have fallen in the struggle, we tender our deepest sorrow and warmest sympathies; and we sincerely trust that the kindness and generosity of a patriotic people will never suffer want and privation to enter those bereaved households.

Resolved, That we will use every effort, here and elsewhere, to discover and bring to punishment that

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horde of national "horse leeches" (contractors and swindlers,) from those nearest the throne of power, to the merest tide waiter, who have fattened and gloated upon the miseries of their country, and gathered their treasures from the muscles and blood of our valiant soldiery.

Resolved, That a committee of five--three on the part of the House and two on the part of the Senate--be raised, whose duty it shall be to carefully collect, and arrange in a manner hereinafter prescribed, for future preservation, for the use of the State, the names of all the Indiana soldiery, (officers and men,) who have fallen in this struggle, or who may hereafter fall, whether by disease or the violence of the enemy; the time, place and cause of their death, their names, ages, places of nativity and residence, place and date of enlistment, draft, or substitution, regiment, company, commanding officers, from Colonel to Captain inclusive, length of service, the battles, skirmishes or any other engagements with the enemy in which they have participated, and any other incidents of special interest connected with their history; and if officers, the office, date of commission, division, brigade, regiment or company commanded by them, or to which they were attached, with the promotions, if any, and the cause of the same, and any and all other matters that may be interesting and useful in the transmission of these illustrious names to the posterity of the State; that the whole be inscribed, in a clear and legible hand, in a large and suitable book, or books, entitled, "Indiana's Roll of Honor," and the same to be placed in the Library of the State.

Resolved, That said committee be allowed to discharge the duties thereof, after the adjournment of this General Assembly, and be allowed the per diem and mileage of members of the General Assembly for the time necessarily spent, and the travel necessarily performed, in the discharge of their duties; their several accounts to be attested by oath and filed with the Auditor of State,and the same to be paid on the warrant of the Auditor out of any moneys not otherwise appropriated.

Resolved, That the Governor be instructed to transmit a copy of these joint resolutions to each Major or Brigadier General, and each Colonel, or other commanding officers from this State, with the request that they lay the same before the Indiana soldiers under their command.

IN SENATE.

FRIDAY, January 23, 1863.

Mr. SHIELDS, from the Committee on Elections, returned the joint resolution [S. 2] amending the Constitution so as to give the Legislature power to define the residence of voters, recommending its passage.

Mr. MARCH moved that the order of business be suspended, and the joint reaction, be put upon its passage.

Mr. LANDERS advocated the passage of the joint resolution. Our elections had become a perfect farce. At every meeting of the Legislature, bills were introduced to prevent fraudulent voting, but they were defeated because they would conflict with the Constitution. This joint resolution had passed the last Legislature unanimously, and he hoped it would pass unanimously now.

The rules were suspended, the joint resolution read the third time and passed by yeas 35, nays 2, excused 1.

RAILROAD MANAGEMENT.

Mr. REED from the Committee on Corporations reported back the bill [S. 12] requiring railroad companies to keep a sufficient supply of rolling stock to do the business of the country, recommending its passage.

Mr. BROWNE, of Randolph, moved to suspend the order of business and take the bill up.

Mr. SHIELDS was opposed to the bill being taken up, believing that such a law was unnecessary. Railroad companies had now on hand sufficient rolling stock to do the ordinary business of the country. The condition of the country was such that extraordinary demands had been made upon railroads, and some allowance should be made for this state of affairs.

Mr. MURRAY was opposed to the principles of the bill. In the embarrassed condition of some railroads it would be a hardship to compel them to keep a larger supply of cars than in their own judgment the business of the country required. It was their interest to keep a sufficient amount of rolling stock on hand, and the laws of trade would govern, if left alone, and all legislation of this character was out of place.

Mr. BROWNE, of Randolph, said that one would suppose that it was the interest of railroads to keep a supply of rolling stock sufficient to do all the business along the lines of their roads. Such was not, however, the case. Indianapolis shippers had always been able to get transportation for their through freight, because of the competition existing at that point between different roads, But at local stations it was not so, the roads knew that they had the freight anyhow, and no competition could take it from them, and hence they could take their own time to send it forward. Shippers of live stock from local stations were frequently put to much inconvenience and loss by delays to furnish transportation, and while the bill did not increase the obligations of railroads to provide rolling stock, it provided that in cases where unreasonable delay in shipping caused loss, the party injured could recover damages.

Mr. SHIELDS said he could not agree to the bill unless it was so amended as to compel the people to furnish a sufficient amount of freight to keep the rolling stock constantly employed. He thought the rule should work both ways.

Mr. CLAYPOOL said all corporations were controlled by self interest, and with them the interests of the people were secondary. He thought it the duty of the Legislature to pass some law fixing the rate per mile at which freight should be carried on all railroads, and would prefer that the bill be recommitted so as to incorporate that principle. Such was the rule of railroads now that a car-load of hogs was taken from Indianapolis to Cincinnati at $20, while one from a point on the railroad twenty miles nearer to Cincinnati was page: 79[View Page 79]Switch to Image Mode CLOSE Page 79 charged $30. This was the result of competition between roads at the capital, and because the local freight was secured to the road any how. It was manifestly unjust, and we should legislate so as to convince railroads that the people have some interests.

Mr. PLEAK agreed with the gentleman from Fayette. He hoped the bill would be recommitted with instructions so as to require a uniform rate of prices on fare and freight. He did not ask a reduction in prices, but that the rates be uniform. The interest of the country demanded some reform in this regard.

Mr. BROWNE, of Randolph, withdrew his motion, and the report was concurred in. So the bill takes its place on the tiles.

GOVERNMENT OF SCHOOLS.

Mr. PLEAK offered the following which was rejected:

Resolved, That the Committee on Education be instructed to inquire into the expediency of introducing a bill to authorise teachers of public schools to use the rod of correction in their respective schools where it is necessary for the more complete government of the same, under the same restriction of law, that parents govern their children.

LIBEL, SLANDER AND BASTARDY.

On motion by Mr. WOLFE, it was--

Resolved, That the Judiciary Committee be instructed to inquire into the expediency of passing a law declaring Libel, Slander and Bastardy, misdemeanor, and providing punishment therefor, and report by bill or otherwise.

THE $200 EXEMPTS.

Mr. MURRAY offered the following;

WHEREAS, His Excellency Governor Morton, in his annual message informs the Legislature that the tax levied and collected from that class of the citizens of this State who were conscientiously opposed to bearing arms, was levied and collected without law under the Constitution of this State, and without authority from the General Government.

AND WHEREAS, said tax was paid by members of some Christian denominations and refused to be paid by those of others and hence unequal in its operation; Therefore,

Resolved, That the Committee on Finance be and they are hereby instructed to report a bill to this Senate providing for the return of said tax to those from whom it was taken.

Mr. LADDERS opposed the passage of the resolution. These conscientious scruple men were always willing to vote war on the country, and when war came they folded their arms and let others fight it out. If they would not take their chances of the dangers of the field let them pay for it.

Mr. RAY would oppose such a bill. He would favor a bill to compel all men conscientiously opposed to bearing arms to pay an equivalent, as the Constitution of the State provided. The provision was in the Constitution, and it only required a law to fix the amount. When the amount was fixed, then persons could not plead that they would not have claimed exemption had they known the amount was fixed by law. He took a legal view of the case, and quoted decisions to bear him out in the view that if the Legislature fixed the amount now, that amount could be collected from persons who had plead exemption.

Mr. WOLFE did not see any reason for the passage of the resolution. If the officers had collected money without law the question was between the parties themselves. This Legislature would pass a law naming an equivalent, and if the money was paid, it would not have to be paid again.

Mr. WILLIAMS would like to meet the question squarely here, and he thought the Senate would vote it down. The sense of this body was against allowing persons to shield themselves behind their scruples from all liability to military service.

Mr. LANDERS hoped the resolution would be defeated right here. Men were drafted and forced into the service, ami the passage of any resolution of this kind would cause discontent among those men. There was discontent enough without increasing it by any such action.

Mr. TEEGARDEN took the same view.

On motion by Mr. BEARSS the resolution was laid on the table.

THE GOVERNOR'S MESSAGE.

On motion by Mr. NEW, it was--

Resolved, That five thousand copies of the message of his Excellency Governor Morton, and one thousand copies of the accompanying documents, be printed for the use of the Senate. Also that one thousand copies of the message be printed in the German language.

NEW PROPOSITIONS.

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

By Mr. WOLFE, [25] to amend the first section of an act to organize Supreme Courts, approved May 13, 1852, and to district the State for the purposes of electing five Judges of the Supreme Court.

By Mr. BEESON, [26] to amend the twelfth section of an act touching the relation of Guardian and Ward, approved June 9, 1852.

By Mr. SHIELDS, [27] to amend the first and repeal the second sections of an act to provide for the election of Trustees and Commissioners for the Benevolent Institutions of the State, approved March 5, 1859.

By Mr. DOWNEY, [28] in addition to the list section of an act passed in 1861, to amend the 2d section of an act to amend sections 207 and 208 of the practice act.

By Mr. DICKINSON, [29] to amend section 15 of "An act regulating prosecutions in cases of bastardy, and providing for the support of illegitimate children," approved May 6, 1852, so that execution may issue against the body of the father where he is not in custody.

By Mr. GAFF, [30] to provide for the erection and repair of any bridge across a page: 80[View Page 80]Switch to Image Mode CLOSE Page 80 stream forming the boundary line between two counties and to repeal all laws inconsistent therewith.

By Mr. LANDERS, [31] fixing the a-mount to be paid by persons claiming exemption from military duty, and providing the means for collecting the same.

By Mr. NEW. [32] to provide for the publication of notice of the pendency of suits against defendants whose residence is unknown.

By Mr. MARCH. [33] prescribing the form of deed that may be used by Sheriffs and Coroners, providing for the record of execution and return in certain cases its use as evidence and fees for recording.

By Mr. HORD, [34] 10 amend the 71st section of an act providing for the election and qualification of Justices of the Peace, approved June 9, 1852, as amended by an act approved March 5, 1859.

By Mr. FERGUSON, [35] to amend section first of an act defining what shall constitute certain felonies, approved May 31, 1861.

By Mr. MARCH. [36] to amend the first eleventh and twelfth sections of an act to exempt property from sale under certain cases, approved February 17, 1852.

By Mr. DOWNEY, [37] to amend the 20th. 21st and 22d sections of an act providing for the election and appointment of Supervisors of highways, approved March 5, 1859, and to make additional provisions on the same subject.

By Mr. GIFFORD, [38] authorizing the sale of canals, authorizing the purchaser or purchasers, and his or their assign, to organize companies and fixing the powers of such companies, and excepting certain canals from the provisions of this act.

On motion br Mr. CLAYPOOL the bill [38] was laid on the table and 100 copies ordered printed.

By Mr. MARCH, [39] to amend the 3d section of an act prescribing the powers and duties of Justices of the Peace in State prosecutions, approved May 29, 1852.

By Mr. DOUGLASS, [40] to amend section 1st of the School Law.

By Mr. BERRY, [4-1] to amend section 11 of the School Law.

On motion by Mr. WILLIAMS, the House concurrent resolution providing for the immediate election of three Commissioners of the Sinking Fund, and of four Directors of the Bank of the State--two of the latter to be elected by the Senate and two by the House, was taken up and concurred in.

SINKING FUND COMMISSIONERS.

The Senate then proceeded to elect two Sinking Fund Commissioners, to serve four years.

Mr. SHIELDS nominated Samuel P. Mooney, of Jackson.

Mr. MARCH nominated John F. Carr. of Jackson.

Mr. Mooney received 25 votes, and Mr Carr 14.

Mr. Mooney was declared elected.

Mr. DUNNING (Mr. Ray in the chair) nominated Dillard Ricketts, of Clark county.

Mr. BERRY nominated Jefferson Helm, of Rush county.

Mr. Ricketts received 25 votes, and Mr. Helm 14 votes.

Mr. Ricketts was declared elected.

The Senate then went into the election of a Sinking Fund Commissioner to serve for two years.

Mr. LANDERS nominated Parmenter M. Parks of Morgan.

Mr. MARCH nominated Wm. Williams, of Kosciusko.

Mr. Parks received 25 votes, and Mr. Williams 14.

Mr. Parks was declared elected.

BANK DIRECTORS.

The Senate then proceeded to elect two of the Directors, on the part of the State, of the Bank of the State.

Mr. DUNNING nominated Ransom W. Aiken, of Monroe county.

Mr. BROWNE, of Randolph, nominated Charles Coffin, of Wayne county.

Mr. Aiken received 25 votes, and Mr. Coffin 14.

Mr. Aiken was declared elected.

Mr. McCLURG nominated Addison L. Roache, of Marion county.

Mr. MARCH nominated John S. Bobbs. of Marion county.

Mr. Roache received 25 votes, and Mr. Bobbs 14.

Mr. Roache was declared elected.

AFTERNOON SESSION.

The business pending at adjournment yesterday was the resolution instructing the Judiciary Committee to inquire into the expediency of abolishing Common Pleas Courts.

The pending amendments and instructions were agreed to.

Mr. JOHNSTON offered as additional instructions that they inquire into the expediency of providing to hold four terms yearly of the Circuit Courts, two terms for criminal and two for civil business.

Mr. FERGUSON offered additional instructions inquiring into the expediency of creating the office of Surrogate for each county, to have jurisdiction of probate matters, without salary, other than the fees of the office and to be kept open at all times for the transaction of business.

These instructions were also agreed to.

PAY OF SOLDIERS.

Mr. LANDERS called up the House concurrent resolution instructing Senators and requesting Representatives in Con- page: 81[View Page 81]Switch to Image Mode CLOSE Page 81 to vote for reducing the pay of officers and increasing the pay of privates in the army.

The pending motion was to lay on the table an amendment to the resolution see page 48 of these Reports.

The motion to lay on the table was rejected by yeas 16, nays 22.

Mr. McCLURG. The adoption of the amendment would make the resolution different from what he expected, He did wot wish to affect the pay of officers, and was decidedly in favor of raising the pay of privates and non-commissioned officers.

Mr. RAY was opposed to the reduction, and would prefer to have the instruction stricken out, but it was perhaps the best that those could get who favored the increase of pay to the non-commissioned officers and privates, and yet thought the pay of commissioned officers should not be reduced.

Mr. LANDERS and Mr. MARCH favored the resolution as it came from the House.

Mr. BROWN, of Wells, moved to a-mend by striking out all that relates to commissioned officers, and by inserting in the proper place an instruction to reduce the pay of commissioned officers to such an extent as will more nearly equalize the pay of officers and privates.

Mr. BROWNE, of Randolph, accepted the amendment of the gentleman from Wells.

Mr. MELLETT and Mr. RAY thought if the amendment was adopted it would indicate the wish of the Senate to make the pay of officers and men equal.

On motion by Mr. MARCH the resolution and pending amendments were referred to a select committee.

The PRESIDENT makes the committee to consist of Messrs. March, Browne of Randolph, Brown, of Wells, Shields, Ray, and Landers.

VOLUNTARY ASSOCIATIONS.

The bill [S. 10] amending the law respecting voluntary associations, was read the third time and passed by yeas 39, nays 0.

WORK FOR COMMITTEES.

Senate bills numbered 19 to 24 inclusive (for a description of which see pages 60 and 61 of these Reports) were read the second time and severally referred to appropriate committees.

BANK DIRECTORS.

On motion by Mr. DUNNING (Mr. Wolfe in the chair) the House message announcing the election by the House of Andrew Humphreys, of Green, and Samuel C. Wilson, of Montgomery, as Bank Directors was taken up and concurred in and the Senate proceeded to ballot.

Mr. DUNNING nominated Andrew Humphreys of Green county.

Mr. MARCH nominated Miles Murphy of Henry county.

Mr. Humphreys received 26 votes and Mr. Murphy 18.

The PRESIDENT declared that the Senate had concurred in the election of Mr. Humphreys.

For the other Bank Director Mr. DUNNING nominated Samuel C. Wilson, of Montgomery County.

Mr. TEEGARDEN nominated William C. Hanna, of Laporte county.

Mr. Wilson received 26 votes and Mr. Hanna 18.

The PRESIDENT declared that the Senate had concurred in the election of Mr. Wilson.

HOUSE OF REPRESENTATIVES.

FRIDAY, January 23,1863.

Petitions were presented and referred to appropriate committees, to wit:

By Mr. KILGORE. For the suppression of intemperance, from citizens of Delaware county.

By Mr. PENDLETON. For the enforcement of the 13th Article of the Constitution, from 113 citizens of Johnson county.

By Mr. MILROY. From citizens of Carrol county, for the incorporation of the Indiana College for Agricultural and Mechanical Arts.

By Mr. DONALDSON. From citizens of Miami county, for the amendment of the law for the collection of debts so as to make debts collectible at the place where contracted.

RESOLUTIONS OF INQUIRY.

Addressed to appropriate committees were offered, read and severally adopted, to-wit:

By Mr. KENDRICK, whether any private company has the right to make a toll road of the old Michigan road.

By Mr. LAMB, whether any legislation is necessary to secure the better attendance of pupils at school.

By Mr. HOLCOMB, concerning a fixed rate for advertising delinquent land sales.

By Mr. MUSTARD, into the propriety of fixing the jurisdiction of justices of the peace in certain cases.

By Mr. HARNEY, a concurrent resolution, for the transmission of a memorial of this Legislature to the Legislature of New York against the high rates of toll charged upon the transit of western produce.

By Mr. KENDRICK, as to the legality of the erection of a toll gate at the White river bridge by the Central Plank Road Company.

On motion by Mr. DONALDSON the vote on his resolution proposing a legislative apportionment committee was reconsidered and the resolution amended raising a page: 82[View Page 82]Switch to Image Mode CLOSE Page 82 joint committee which the Speaker subsequently made to consist of Messrs. Donaldson, Holcomb, Howard, Cook, Van Buskirk, Moorman, Mason, Puett, Hetfield, Davis and James, on the part of the House.

Mr. SHAFFER made a similar motion in reference to his resolution for a congressional apportionment, which was a-greed to and the Speaker subsequently made the committee to consist of Messrs. Shaffer, Chambers, Harden, of Washington, Abbott, Hall, Perry, Atkison, Abdill, Miller, Shoaff, of Allen, and McGauchey, on the part of the House.

JOINT RESOLUTIONS

Were introduced, read the first time and passed to the second reading, to-wit:

By Mr. RICHARDSON, [16] protesting against the election of members of Congress, in any Congressional District, where the forms of the State laws are not complied with, and denouncing their, admission.

By Mr. ANDERSON.[17] for the increase of pay of non-commissioned officers in the army, and of privates, increasing the pay of the latter to twenty dollars per month.

By Mr. CASON, [18] endorsing the expulsion of Jesse D. Bright from the Senate of the United States.

NEW PROPOSITIONS.

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

By Mr. GREGORY, |74] to authorise county Boards to erect suitable monuments for the Indiana volunteers who have fallen in their country's service.

By Mr. MUTZ, [75] to provide for the inspection of petroleum and other burning oils.

SINKING FUND COMMISSIONERS.

In pursuance of a resolution--

The House then proceeded to elect two Sinking Fund Commissioners, to serve four years.

Mr. BROWN nominated Samuel P. Mooney of Jackson county.

Mr. HIGGINS nominated Win. Williams, of Kosciusko.

Mr. Mooney received 54 votes, and Mr. Williams 36.

Mr. Mooney was declared elected.

Mr. MUTZ nominated Dillard Ricketts, of Clark county.

Mr. MOORMAN nominated John F. Carr, of Jackson.

Mr. Ricketts received 53 votes, and Mr. Carr 38.

Mr. Ricketts was declared elected.

The House then went into the election of a Sinking Fund Commissioner to serve for two years.

Mr. PACKARD nominated Parmenter M. Parks of Morgan.

Mr. MOORMAN nominated Jefferson Helm, of Rush county.

Mr. Parks received 53 votes, and Mr. Helm 2S votes.

Mr. Parks was declared elected.

BANK DIRECTORS

The House then proceeded to elect two of the Directors, on the part of the State, of the Bank of the State.

Mr. HARVEY nominated Samuel C, Wilson, of Montgomery county.

Mr. JONES nominated James Moorman, of Randolph.

Mr. Wilson received 53 votes, and Mr. Moorman 37.

Mr. Wilson was declared elected.

Mr. HANNA nominated Andrew Humphreys, of Greene.

Mr. ANDERSON nominated John B, Niles of Laporte.

Mr. Humphreys received 53 votes, and Mr. Niles 34.

Mr. Humphreys was declared elected.

AFTERNOON SESSION.

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

By Mr. MASON, [76] to compel the railroads to carry freight in certain cases.

By Mr. GRIFFITH, [77] to erect the 16th Judicial Circuit.

By Mr. McGAUCHEY, [78] to enable other persons than corporations--to reclaim wet lands.

By Mr. LEEDS, [79] to prohibit the Clerks of Circuit and Common Pleas Courts from acting as attorneys in their respective Courts.

By Mr. FERRIS, [80] to exempt the vendors of real or personal property selling the same on the first of the year, from assessment on the same.

By Mr. BROWN, [81] to amend the 1st section of the Supreme Court Act and to re-district the State into five districts, and to provide for the election of officer; and Judges.

By Mr. SPENCER, [82] to amend the first section of the act regulating County Boards--changing the time of meeting and the term of sessions.

By Mr. HIGGINS, [83] to amend the twenty-first section of the Justice's act.

By Mr. MILLER, [84] to repeal the 18th section of the Decedent's Law.

By Mr. FERRIS, [85] to amend the License Law---fixing 25$ as the License fee.

THANKS TO OUR SOLDIERS.

The following Senate concurrent resolution of thanks to Major General Rosecrans and his army for services at Murfreesboro (introduced on page 60 of these Reports) was taken up and adopted:

Resolved, by the Senate, the House concurring. That the thanks of this General Assembly are hereby tendered to Major General Rosecrans and the officers and soldiers under his command for the well earned victory of Murfreesboro, Tennessee. That they, one and all, merit the lasting gratitude of the nation and the admiration of the world.

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Resolved, That the patriotic earnestness skill, sleepless vigilance and pertinacity displayed by the commanding General in his advance upon the enemy, his plan of battle, and especially in promptly meeting the exigencies of its varying fortunes, prove that he was the right man in the place; that the hearty and prompt co-operation, the gallantry and skill of his division and other commanders, the ready obedience unyielding and hardy courage or the soldiers are worthy of the highest commendation.

Resolved, That the Army of the Cumberland, Murfreesboro, and the name of each fallen and surviving patriot who took part in that perilous struggle, are forever linked together in historic renown; and Indiana will forever and gratefully cherish their memory to the latest generation, as among the brightest jewels of an undivided republic.

Resolved, That the Secretary of the Senate be directed to forward a copy of these resolutions to Major General Rosecrans, with the request that they be read at the head of each regiment taking part in the battle, if consistent with the rules of military propriety and discipline,

THANKS TO GOVERNOR MORTON.

The Senate concurrent resolution commending Governor O. P. Morton (printed on page 58 of these Reports) was taken up.

Mr. BROWN moved to strike out the word "that" in the phrase "that solicitude,'' and insert the word "whatever" in its stead. He was willing to compliment his Excellency, (and he was a gentleman who needed compliment, assuredly.) according to his deserts, but not for what he had left undone. Every gentleman, whether Democrat or Republican, who should do any thing for our soldiers, well, sick or wounded, certainly deserves praise, but at the same time he did no more than his duty. The qualifying word "whatever" was, therefore, applicable in this resolution. Render unto Morton the things that are Morton's.

On motion by Mr. PERRY the amendment was laid on the table--yeas 52, nays 28.

Mr. PACKARD thought that there were others who ought to be associated with his Excellency in this matter. Many private citizens including ladies had far exceeded his Excellency, according to common report, in personal sacrifices in behalf of our brave and gallant soldiers. If they were mentioned along with his Excellency in the resolution he would vote for it. Otherwise not.

On motion by Mr. HOLCOMB the resolution was referred to a select committee of five, by yeas 41, nays 40.

The SPEAKER appointed Messrs. Holcomb, Tarkington, Hanna, O'Brien, of Hamilton, and Spencer.

AMENDMENTS TO THE CONSTITUTION.

The Joint Resolution [S. 1.] to amend the Constitution to enable incorporated cities and towns to levy taxes for school purposes; and [S.2] proposing amendments to the Constitution to prevent fraudulent voting, were read the first time and severally passed to the second reading.

ARSENAL AND ARMORY

The bill [S.6] ceding to the United States jurisdiction of lands purchased for Armory and Arsenal, and exempting them from taxation, was read the first time and passed to the second reading.

The House concurred in the action of the Senate electing Sinking Fund Commissioners and Bank Directors by yeas 65, nays 13.

WORK FOR COMMITTEES.

House bills numbered 36 to 44 inclusive (for a description of which see page 54 of these Reports) were read the second time and severally referred to appropriate committees.

IN SENATE.

SATURDAY, January 24,1863.

The following bills were introduced, read the first time and severally passed to the second reading, unless otherwise stated.

By Mr. WOLFE on behalf of the Judiciary Committee, [42] defining the offense of bastardy and prescribing the punishment therefor.

By Mr. BROWN, of Wells, [43] to make Gavin and Hord's printed edition of the statutes evidence in all courts and places of the acts therein contained.

On motion by Mr. BROWN of Wells, the rules were suspended--yeas 36, nays 0--and the bill was read the second time.

On motion by Mr. WOLFE the words "prima facie" were inserted before the word "evidence," He was willing to let those statutes go into the Courts as presumptive but not conclusive evidence. They might not agree with the acts in every particular, but he was willing to allow them to be presented to the Courts as the law until the contrary appeared, but no further.

Mr. RAY thought the bill would amount to but little practically, unless the statutes were to be taken as conclusive evidence, and to that he was opposed. They were already received as prima facie correct.

On motion by Mr. JOHNSTON the bill was referred to the Judiciary Committee.

By Mr. SHIELDS, [44] supplemental to an act to enforce the 13th article of the Constitution, approved June 18, 1852.

By Mr. BEESON, [45] to amend section second of an act entitled an act in relation to County Auditors, approved May 31, 1852.

By Mr. HORD, [46] to amend section 6 of an act entitled an act to revise the criminal practice, approved June 17, 1852.

COLLECTION OF REVENUE.

Mr. SHIELDS offered the following:

Resolved, That the Committee on the Judiciary be instructed to bring in a bill to have the revenue, State, County and Town

page: 84[View Page 84]

ship Treasurer, and to pay over all that part of said Revenue that belongs to the State and County Treasurers.

Mr. SHIELDS contended that the adoption of such a measure would secure the collection of more revenue than by the present method, without increasing the expenses of collection, and payments would be made more promptly.

Mr. WOLFE said that the office of county treasurer was named in the Constitution, and could not be dispensed with. The effect of the measure would be to increase the number of officers, without lessening the duties or labors of the county treasurers. It would increase the expenses without giving any corresponding advantages.

Mr. SHIELDS replied that the advantages gained was in making it more convenient to tax payers to pay their dues to an officer near at home, and that officer could do the collecting for much less than the county treasurer could, all of which saving would act as a reduction of expenses. This was the New York system, and in that State taxes were collected and disbursed at much less expense than in any other State.

Mr. MURRAY favored the proposition, believing that it would be a less expensive system, and more convenient to the people. Even if the fees of the county treasurers were not reduced, the money saved to the people in the item of traveling expenses would alone amount to considerable. It would, by bringing these offices home to the people, do much toward breaking up the Court house cliques that claimed the right to hold all the offices and rule the people in other parts of counties.

Mr. FERGUSON said that, when it was necessary to legislate for the people, he should not stop to inquire whether he was striking at offices or not. He was willing the subject should be inquired into.

Mr. WILLIAMS offered the following substitute for the resolution:

Resolved, That the Committee on County and Township business be authorized to inquire into the propriety of requiring the County Treasurer to employ and keep deputies in each township for the purpose of receiving the State, County and all other revenue.

Mr. SHIELDS accepted the substitute.

Mr. RAY. There was a tendency to scatter offices and diffuse them to such a degree that all dignity and all consideration was removed from the offices of the country. The Judiciary had been impaired in this way. He argued against any change. To strike down a responsible office and create in each county ten or twelve petty offices in its stead, would be to make a farce of the whole system. Why not at once place it in the hands of the constables? He ridiculed the idea that seemed to prevail of frittering away the responsible offices of the country.

Mr. WOLFE replied to the question of expense, and by taking his county (Harrison) as a basis, his calculation of the cost of the collection being at, two and a half per cent., (which was the proposed cost of collection by the gentleman from Jackson, Mr. Shields,) made it greater than it is now. He was opposed to the change, however, independent of this view, and agreed with the gentleman from Shelby that it was wrong so fritter away responsible offices.

Mr. LANDERS was a farmer, but he was opposed to the change. He could see no economy in it. The system of township assessment was not as good as the county assessment. By scattering these petty employments among the people, the inevitable effect is, to get a crowd of irresponsible and inefficient officers.

Mr. MARCH said he had the same ideas about government that he had about medicine--the less we had of it the better. If a system could be devised by which the money could be collected at home, and by which it would remain in fewer hands, he should go for it. He believed that this tax collecting business could be thus conducted at an almost nominal expense to the people.

Mr. WILLIAMS thought the proposition affected every man in the community more or less. If a system could be devised that would be a convenience to the whole people it should be done. Why ridicule it? Let the reference be made and the subject investigated.

Mr. RAY did not intend any offense by his remarks. All he intended to say was that all attempts to strike down the respect that attaches to responsible positions was a species of vandalism that should be checked. The blows at our judiciary system were of this kind. It was an axiom that the fewer hands the public money passed through the less fear of corruption and the better for the people and the cheaper, and he should oppose the proposition to change the system of collecting the revenue.

Mr. CORBIN opposed the resolution. He thought the result of the change of a system would work evil and not good, and it would be more expensive. The accommodation to the people, that the friends of the measure urge in its favor, was more ideal than real.

Mr. FERGUSON. The subject was worthy of consideration. If a system can he adopted to convenience the people, adopt it. By voting for the resolution Senators did not commit themselves to any schema that might be desired.

On motion by Mr. MOORE, the resolution was amended by adding in the proper place these words:

"That each tax payer, at the time of paying his tax shall make out a schedule of his taxable property and hand it in to the collector at the time of page: 85[View Page 85]Switch to Image Mode CLOSE Page 85 paying his tax, or at some subsequent time on or before the first day of June."

The resolution, as amended, was adopted.

On motion by Mr. LENDERS it was--

Resolved, That when the Senate adjourn it will he till Monday, at 2 o'clock p.m.

WORK FOR COMMITTEES.

Senate bills numbered 25 to 41 inclusive (for a description of which see pages 79 and 80 of these Reports) were read the second time and severally referred to appropriate committees.

HOUSE OF REPRESENTATIVES.

SATURDAY, January 24, 1863.

The SPEAKER laid before the House a communication from the Governor relative to money paid by conscientious exempts. Twenty-one thousand dollars have been paid to J. P. Siddall, Commissioner of Drafting and deposited in bank, awaiting action by the Legislature.

On motion of Mr. BROWN his Excellency's communication was referred to the Judiciary Committee, with instructions to report the necessary legislation.

RESOLUTIONS OF INQUIRY.

Addressed to appropriate Committees were offered, read and severally adopted, to-wit:

By Mr. JONES, into the expediency of amending the Plank Road Law so that stockholders shall be liable for the debts of their respective companies.

By Mr. NIBLACK, into the expediency of legislation to provide for the payment of the costs of Justices in criminal cases, when conviction does not take place.

By Mr. RICHARDSON, into the expediency of legislation to make the rolling stock of railroads liable to attachment for damage to live stock killed by roads.

GOVERNOR'S MESSAGE.

Mr. HARNEY offered a resolution, Which was adopted, directing the printing of one thousand copies of the Governor's message and accompanying document, as transmitted to the Senate.

INDIANA LEGION.

On motion by Mr. ROBERTS, it was--

Resolved, That the Adjutant General be requested to lay before the House at the earliest day practicable, a statement showing--

The number of companies in each county, organized under the military law of the State, that are entitled to compensation by reason of their having been engaged, by order of the Governor, in active military duty, during the years 1861 and 1862, in protecting the southern border from invasion.
The names of the commissioned and non-commissioned officers (giving their rank) belonging to each of said companies.
The number of men in each of said companies.
The length of time each of said companies were on active duty.

JOINT RESOLUTIONS

Were introduced, read the first time, and severally passed to the second reading, to-wit:

By Mr. KENDRICK, [18] instructing our Congressmen to labor for the passage of an act to entitle discharged volunteers to receive the full bounty of one hundred dollars

By Mr. HIGGINS, [19] instructing our Congressmen in favor of an appropriation for the improvement of the Harbor at Michigan City.

NEW PROPOSITIONS.

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

By Mr. NIBLACK, [86] to provide for the publication of notice in civil cases against non-residents.

By Mr. NEWMAN, [87] to define and punish assault.

By Mr. MILROY, [88] to amend section 5 of the act to punish the circulation of authorized currency--aimed against scrip issued by corporations or individuals.

By Mr. HERSHEY, [89] to amend the 20th section of the supervisor's law.

By Mr. LAMB, [90] to authorize owners of real estate in counties where they do not reside to pay taxes on the same to the State Treasurer.

By Mr. GIVEN, [911 to provide for the payment by railroads of stock killed by the same.

Mr. HARDIN of Perry, [92] to regulate the collection of delinquent taxes by the County Treasurers.

By Mr. MILLER, [93] to provide for accepting the national land grant for Agricultural Colleges and appointing Henry I. Morrison Commissioner to act in the premises.

BREVIER LEGISLATIVE REPORTS.

Mr. ANDERSON called from the table his resolution authorizing the Clerk to contract with ARIEL & W. H. D RAPIER for 1500 copies of the continuation of their "Brevier Legislative Reports."

On motion by Mr. HIGGINS, the resolution was referred to a select Committee of five, with instructions to inquire into the cost and report on Monday.

The SPEAKER makes the committee to consist of Messrs. Higgins, Packard, Anderson, Griffith, and Waterman.

On motion of Mr. WATERMAN, the committee were instructed to inquire an to the cost of printing as part of the Reports all the engrossed bills, and placing them on the table of members.

VOLUNTARY ASSOCIATIONS.

The voluntary association bill [S. 10] (described on page 47 of these Reports,) was read the first time.

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WORK FOR COMMITTEES.

House bills numbered 45 to 60 inclusive (for a description of which see pages 54, 57 and 58 of these Reports) were read the second time and severally referred to appropriate committees.

IN SENATE.

MONDAY, January 20, 1863.

The Senate met at 2 o'clock p. m.

Mr. MARCH presented a memorial from a stockholder of the Branch of the Bank of the State at Lawrenceburg, complaining of mismanagement of the business thereof on the part of E. G. Burkham, President, to the injury of the community and stockholders, and in violation of the provisions of the charter, and asking the appointment of an agent to investigate the facts-- the Board of Directors of the State Bank refusing to interfere.

Mr. BROWNE, of Randolph, offered a concurrent resolution ordering the appointment of a joint committee to investigate the matters complained of by the memoralist.

On motion by Mr. CLAYPOOL it was amended so as to refer the memorial to the Committee on Banks.

REPORTS FROM COMMITTEES.

Were severally concurred in, to-wit:

Recommending that the bill [S. 11] to enable holders of notes to bring suit without requiring the payee on the note to be made a party, be laid on the table.

Messrs. CLAYPOOL, CORBIN, RAY and MARCH spoke in favor of sustaining the report and against the bill, and Mr. BROWNE of Randolph, on the opposite side of the question.

Recommending that Senate bills numbered 2, 5, and 8 (see pages 36, 37 and 44 of these Reports) be laid on the table.

COURTS IN THE TWENTIETH CIRCUIT.

Mr. BROWN, of Wells, introduced a bill [47] changing the time of holding Common Pleas Courts in the 20th Judicial Circuit district, which was under a suspension of the rules, read the third time and passed--yeas 28, nays 0.

CRIMINAL PRACTICE.

Mr. BROWNE, of Randolph, reported from the Judiciary Committee his bill [3] repealing that part of the criminal code giving to the defendant the right to close the argument before a jury.

Mr. RAY moved to indefinitely postpone the bill. He thought the practice as now existing in this State, allowing the council for the defendant to close the argument, was more in consonance with humanity and the enlightened spirit of the age than the old practice which the bill sought to restore. The time was, in the dark ages, when the criminal was not supposed to open his mouth himself, or by attorney,-- From this cruel stage we have progressed, and on this subject we should not recede.

Mr. BROWNE, of Randolph, reported from the Judiciary Committee his bill [3] repealing that part of the criminal code giving to the defendant the right to close the argument before a jury advantages under which prosecuting attorneys now labor, and urged the return to the old practice, giving the prosecution the opening and the closing arguments.-- Under the practice now, a criminal must not only be guilty, but must be desperately guilty, to be convicted. The law should not be made specialty for criminals, but to establish justice.

Mr. CORBIN did not think that the criminal had so many advantages as the Senator from Randolph had depicted. He was first indicted by a secret tribunal (the Grand Jury,) and the State had ample time to arrange and mature its case. The provision of the law as it now exist was a merciful one, and should not be repealed.

Mr. DOWNEY thought that the prosecutor should open and close the argument and he did not see that it should not prevail in criminal as In civil cases. The Christianity of the provision had beer quoted to maintain the present practice but gentlemen should remember that the great public were to be protected by the law as well as those whom the law seized as offenders. The presumption was always in favor of the criminal, and he thought that sufficient without giving him so much, and such undue advantage in the argument. He would favor the change.

Mr. RAY. Questions proposing to change a rule of law should not be passed upon hastily. The change of laws, the constant and frequent change,was a source of universal complaint. At home gentlemen might. hear it from all classes of their constituents. The Judge on the bench, the farmer, the mechanic, the merchant, the editor, all protested against the fluctuations in the laws. It was an evil and a very grave one. We are advancing in civilization, even over our ancestors on this Continent. We have passed the period when witches were tried by the ordeal of fire or water. We do not take an unfortunate woman, accused of witchcraft, and throw her into a horse-pond, as they did in pious New England, and if she swam, declare her guilty, and if she perished, pronounce her innocent. We had got beyond that point in our criminal practice, and he did not desire to go back to pious New England, or to Old England either, to mould our statutes. He spoke at length and with great force in favor of the law as it now stands.

Mr. CLAYPOOL thought that the people of Indiana were as jealous of their rights as any other people, and under the law and practice as it now stands crimi- page: 087[View Page 087]Switch to Image Mode CLOSE Page 087 nals had a poor chance of escape. Our prison records show this. The presumption in the public mind is always against the person charged with crime, and the protecting shield of the law was often required to shield innocent parties unjustly accused of crime. His experience was that the guilty, seldom escape. Let the accused have the benefit of doubts and let them have the closing argument, and you would have convictions enough. The clemency of the law seldom relieves criminals in a virtuous community. Justice, although lame, will overtake the criminal. Temper justice with mercy. It is the theory of our Government and of our system, and it is the correct theory.

Mr. McCLURG was usually opposed to change, particularly radical changes. But this was not a radical change. It was simply a change of practice or forms of trial, and was not obnoxious to the objections urged by gentlemen on that

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6. SKETCHES OF THE JOURNALS AND DEBATES OF The 42d General Assembly.

6. Convened in the Capitol, Regular Session, in the Town of Indianapolis, 1863.

INDIANA LEGISLATURE. IN SENATE.

ORGANIZATION.

PARTIZAN DECLARATION.

NEWSPAPERS.

NOTICE TO THE GOVERNOR.

8TH OF JANUARY.

AFTERNOON SESSION.

HOUSE OF REPRESENTATIVES.

ORGANIZATION.

PARTIZAN DECLARATION.

ARBITRARY ARRESTS.

SOLDIERS VOTE.

TO WAIT ON THE GOVERNOR.

ELECTION OF U. S. SENATORS.

AFTERNOON SESSION.

OUR SOLDIERS.

THE EMANCIPATION PROCLAMATION.

IN SENATE.

THE SENATORIAL IMBROGLIO.

AFTERNOON SESSION.

GOVERNOR'S MESSAGE.

SOLDIERS' FAMILIES.

LEGION.

PROCLAMATION CALLING OUT OF THE MILITIA.

ADJUTANT GENERAL.

STATE AGENCY.

STOVER FRAUD.

JULY INTEREST ON STOCKS.

COMMON SCHOOLS.

DEARTH OF MILES J. FLETCHER.

BENEVOLENT INSTITUTION'S.

PRISONS OF THE NORTH AND SOUTH.

UNITED STATES ARSENAL AND ARMORY.

CONGRESSIONAL DONATION.

HOUSE OF REPRESENTATIVES.

ARBITRARY ARRESTS.

GOVERNOR'S MESSAGE.

AFTERNOON SESSION.

NEGRO EMANCIPATION.

COMMON PLEAS COURTS.

EMANCIPATION.

ARBITRARY ARRESTS.

NOTICE OF CONTEST.

GOVERNOR'S MESSAGE.

IN SENATE

PARTIZAN DECLARATION.

HOUSE OF REPRESENTATIVES

GOVERNOR'S MESSAGE.

THE $200 EXEMPTION

NEW JUDICIAL CIRCUIT

IN SENATE

SOLDIER'S VOTE.

LEGISLATIVE EXPENSES

HOUSE OF REPRESENTATIVES

NEW PROPOSITIONS

RAILROAD TARIFF

EMANCIPATION.

ANNOUNCEMENT OF COMMITTEES

JOINT STANDING COMMITTEES

NEW PROPOSITIONS

IN SENATE.

JOINT COMMITTEES.

COMMON PLEAS COURTS.

IMMIGRATION OF NEGROES.

NEW PROPOSITIONS.

GOVERNOR'S MESSAGE.

PAY OF SOLDIERS.

PARTIZAN DECLARATION.

RAILROAD TARIFF.

THE SENATORIAL IMBROGLIO.

AFTERNOON SESSION.

TO WAIT ON THE GOVERNOR.

THE STATE OF THE UNION.

HOUSE OF REPRESENTATIVES.

6. SKETCHES
OF THE
JOURNALS AND DEBATES
OF
The 42d General Assembly.

INDIANA LEGISLATURE.
IN SENATE.