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

THURSDAY, January 29, 1863.

The SPEAKER appointed the following:

Committee on the Arsenal: Messrs. Harney, Roberts, Tarkington, Packard, Collins, Kemp of Vigo, Marshal, Milroy and Anderson.

Committee on resolution to perpetuate the memory of deceased soldiers: Messrs. Packard, Roberts, Leeds, Pendleton and Stone.

Mr. NEWMAN presented a petition from citizens of Wayne county, asking legislation for the education of negro and mulatto children; and moved to refer it to the Committee on Education.

Mr. ABBOTT moved in amendment that it be referred to the Committee on Roads, with instructions to provide all facilities for transporting negroes and mulattoes out of the State.

The amendment was rejected, and the motion to refer was agreed to.

REPORTS FROM COMMITTEES.

Recommending that the bill [H. R. 36] to register voters and prevent, election frauds; and the papers contesting the seats of the members from Marion county (Tarkington and Kendrick) be laid on the table were severally concurred in.

QUALIFICATIONS OF VOTERS.

Mr. ROBERTS, from a majority of the Committee on Elections, returned joint resolution [H.R. 12] proposing an amendment to the Constitution, so that legislation may more effectually guard against fraudulent voting, with a favorable recommendation.

Mr. SPENCER, from the same committee, submitted a minority report, recommending that the joint resolution be laid on the table because the proposed amendment of the Constitution would give too wide a range for legislation.

Mr. ROBERTS said our action would not be final. The people are as competent to pass upon its merits as the Legislature, If the people desire such legislation it is their right to vote for it. All would admit that there should be some restriction as to residence.

Mr. CASON called attention to the fact that the same resolution was passed by the last Legislature. It was an admitted fact that the Constitution did not give the proper latitude for legislation on this point, so that a law effectual to prevent fraud may be passed.

Mr. HUMPHREYS made an ineffectual motion--yeas 25, nays 61--to indefinitely postpone the joint resolution.

Mr. BROWN moved to refer the report and resolution to the Judiciary Committee.

Mr. JOHNSON was severe upon the republicans who had some years ago sent agents into Wayne county to import vagabonds into Morgan county to override the free expression of honest voters at the ballot box. The people demanded that these outrageous wrongs should be rectified.

Mr. BROWN stated that the attorney, (Jonathan W. Gordon,) for the republicans in the Morgan county frauds, referred to by the gentleman who had just taken his seat, had admitted those frauds, and had abandoned his side of the case in utter disgust.

Mr. HANNA inquired whether it had not been ascertained that one man voted the Republican ticket in Morgan county who had been dead fourteen years?

Mr. BROWN was not able to say, but the fact of outrageous frauds in that county was known to the whole State.

Mr. PACKARD said that his section of the State had suffered same in the matter of election frauds. It was the candid opinion of many honest men in his Congressional District that the present member of Congress was elected by the most unparalleled frauds. He (Mr. Packard) was for referring the matter to the Judiciary Committee for thorough sifting.

Mr. HUMPHREYS was opposed to refusing any man a vote who was willing to take an oath that he is entitled to vote. If a man comes up and swears he is entitled to vote, his ballot ought to be taken. Our laws now are sufficient, if we had honest man to carry them out.

Mr. PUETT wanted the present law enforced, and free men protected at the polls. He was opposed to any restrictive legislation. He knew that the State had been going to ruin since stuffing, ballot boxes had commenced and cheating perpetrated. In this very city men had net been protected at the polls. He opposed the amendment because he hoped that a constitutional convention would be called to remodel the Constitution.

Mr. MORGAN contended that the present law was not effective, as it was generally ruled that judges of elections could not refuse the vote of a man who, though he had come into the precincts but a day before, swore that he was an actual resident.

Mr. BUSKIRK corrected this impression. The Supreme Court in a recent case had decided that if the person offering to vote made the required oath, the judges had the right to go back of it to determine his qualifications, and reject the vote for valid reasons.

Mr. CASON said the resolution was examined by the Judiciary Committee of the last legislature, and he did not remember any opposition from Democratic members. He thought the House was prepared to vote on the measure now as well as at any other time.

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Mr. NIBLACK. We were driven into that condition that before a great while we should have to assemble a Constitutional Convention. The nature of our Federal relations was such that this would be demanded. In view of this, then, he was opposed to any present steps for radical changes in the organic law of the State. He disclaimed on the part of Democrats all party feeling on the question, as gentlemen in opposition had charged. He was for sending the resolution back to the Judiciary Committee.

The motion to refer was agreed to.

AFTERNOON SESSION.

Mr. GRIFFITH offered the following concurrent resolution:

WHEREAS, The land of Henry Clay, Joseph Holt, John J. Crittenden, Cassius M. Clay and Hon Thos. F. Marshall, the old State of Kentucky, has been Conspicuous for eloquence, patriotism and chivalry, and has hitherto been an object of our warmest regards; therefore,

Resolved, By this House, the Senate concurring, that with emotions of ardent hope and intense pleasure, we hail the evidences of the patriotism contained in the following joint resolution offered in the Senate of the Commonwealth of Kentucky, by Mr. Gilliss.

"Resolved by the General Assembly of the Commonwealth of Kentucky, That the Federal Government of the United States being engaged in a terrible war for the suppression of a causeless and wicked rebellion, which aims to sunder the Union and destroy the Government, Kentucky, being an integral portion of the Government--a loyal State thereof--and having long since plighted her faith to that Government, to aid in the suppression of the rebellion and the restoration of the Government, with the rights of all the States;that notwithstanding she holds opinions adverse to the policy and Constitutional powers of some of the war measures of the Chief Executive of the nation--still unwavering in her devotion and attachment to the Government of her illustrious ancestors and revolutionary desires--she again reiterates her pledges of fidelity to the great common cause, and with all her energies, and with all her power, and with all her means, will advance steadily forward in the prosecution of the war, to the crushing of the rebellion, and the reiteration of the Union and the Constitution."

On motion by Mr. PUETT the name of Cassias M. Clay was stricken from the preamble: by yeas 56, nays 25.

Mr. VAN BUSKIRK made an ineffectual motion to strike out all the names in the preamble.

The resolution was adopted.

HOUSE EMPLOYEES.

Mr. PUETT made a report from the Committee on the Employees of the House. The committee found no more clerks or pages employed than were necessary for the prompt discharge of their duties.-- They have found more persons employed as Assistant Doorkeepers than are necessary, though the exact number could not be obtained, as the Doorkeeper (Mr. Benedict Burns) had stubbornly refused to give the names or number of his appointees.-- They deem him not qualified for the position and recommend the adoption of a resolution dispensing with his services.--They recommend that the Assistants therein named be continued in service, and that J. B. Frazer, act as Doorkeeper until an election takes place.

On motion by Mr. ROBERTS the report was made the special order for to-morrow at ten o'clock a.m.

INVESTIGATING COMMITTEE

The resolution introduced by Mr. Brown, of Wells, in the Senate yesterday, proposing an investigation into the State Arsenal and Quartermaster's Department, coming up in order--

On motion by Mr. TARKINGTON the resolution was amended by requiring "that in the investigation of the accounts of any particular Quartermaster he be notified of the fact, and permitted to appear before the committee in person and by counsel."

Mr. KILGORE was in favor of the investigation. He wished it was broader so as to include all the war expenses of the State. Gov. Morton had been charged with extravagance, yet he had no fears of investigation.

Mr. BURTON said his Excellency need not court investigation. He should have it. It was supposed that he had committed frauds and been reckless of expense, He should have at the hands of this body the representatives of the people whose money he has used, a full, fair and impartial investigation.

Mr. KILGORE said Gov. Morton had used money freely for the benefit of sick and wounded soldiers. Scarcely had the smoke lifted from the battlefield of Shiloh ere the Governor was there with his nurses and hospital stores. For the last two weeks he had heard continued abuse of the Governor. Yet he had no reason to believe that a single gentleman who condemned him had ever come up to the capital to tender their services on such an occasion. He challenged one of them to rise in their seats and assert the contrary. He did not make the charge against the Democratic party generally, but against certain politicians who were loudly denouncing him.

Mr. BROWN. No man would moro freely give "our Excellent Governor," in the language of the gentleman who has taken his seat, credit for what he had done for our sick and wounded soldiers. But if he had not done all in his power for our soldiers he would have been recreant to his sworn duty--have been recreant to what the people of the whole State demanded of him--his name would descend with ignominy. His Excellency was as the gentleman said, good at "courting." It was the duty of all to do all that could be done for our brave and patriotic sick and wounded soldiers. He insisted that his Excellency must attend to this thing. But at the same time he was not willing to suffer his Excellency, to plunge his hands page: 105[View Page 105] into the public treasury, sending this one, and that one, man, woman, doctor and nurse, by railroad all over the country, his favorites, without being called to account for it. He (Mr. Brown) did not doubt that "our excellent Governor'' had recklessly and extravagantly expended the public money. If Governor Morton should come out of the investigation pro posed, unscathed, let him have the glory.

The resolution, as amended was concurred in by yeas 91. nays 1.

The Senate resolution, for a committee to investigate the war expenses of the State, requesting the Governor to give a detailed statement of the amount of the several appropriations which have come into his hands, and of the funds received from the Federal Government, was concurred in.

BILLS ON THE THIRD READING.

The following described bills were read the third time and finally passed :

H. R. 9, to repeal the act of 1861, to ascertain the fees of Clerks of the Courts. Sheriffs and other county officers, by yeas 75, nays 16.

H. R. 15, to relieve Aaron Foster, by yeas 91, nays 0.

DEATH OF SENATOR SHOULDERS.

The House, on motion of Mr. NIBLACK, took from the table the Senate message relating to the decease of Hon. Thomas Shoulders.

Mr. NIBLACK pronounced a brief and feeling eulogy upon the deceased. He was a patriot. He, although politically opposed to the Administration, had given two sons to the service of his country.-- To the dear ones at home, under the circumstances, these two sons absent in the army--to his wife and young daughter the news would come as a crushing and overwhelming dispensation of Providence. Mr. Shoulders was a Christian gentleman. He died in communion with the Methodist Episcopal Church. The bereaved family had his most heartfelt sympathies, and he (Mr. Niblack) did not say this as a mere matter of form.

Mr. HOLCOMB bore testimony to the many virtues of the deceased. Judge Shoulders was not the most brilliant man, perhaps, but he was an honest man, perhaps loss at this juncture would therefore be sensibly felt.

The resolution was concurred in, and the Speaker appointed Messrs. Kemp and DeBruler a committee on the part of the House to accompany the remains to the late residence of the deceased.

On motion of Mr. BROWN the Speaker appointed Messrs. Branham, Niblack and Holcomb a committee of arrangements on the part of the House relative to the obsequies of the deceased.

As an additional testimony of respect to the deceased, the House adjourned.

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