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

TUESDAY, February 3, 1863.

The House met at 9 a. m.

No quorum being present, the House adjourned to 2 p. m.

AFTERNOON SESSION.

The reading of the Clerk's journal of Friday's proceedings was dispensed with.

Mr. FERRIS, from the select committee thereon, returned the resolution calling upon the Governor for information with regard to the number of drafted men taken from each county, and also with regard to nine months' men why the organization of these men had not been conflicted according to law, &c., recommending its passage.

On motion by Mr. HARNEY, it was amended by striking out that portion requiring the Governor to report the number of drafted men from each county.

The resolution was then adopted.

HOUSE EMPLOYEES.

Mr. LASSELLE, from the committee on the Doorkeeper's imbroglio, reported in favor of limiting his employees to fourteen, that the Doorkeeper had not shown sufficient dereliction of duty or disrespect to the House to warrant his dismissal. They him not sufficiently respectful to the House. They require him, to amend his report, by striking out offensive words, or in default to be reprimanded by the Speaker.

The report was concurred in by yeas 46, nays 25.

RESOLUTIONS OF INQUIRY

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

By Mr. NIBLACK, relative to amending the law for the incorporation of cities and towns.

By Mr. HALL, relative to vacancies in the Military Board.

By Mr. NEWMAN, in reference to the responsibility of guardians of female wards.

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

By Mr. HUTCHINGS, relative to holding courts in, Auditors' offices, or other places.

By Mr. WOODRUFF, a temperance resolution.

By Mr. HUMPHREYS, for a report, at an early day, from the Committee on Military Affairs.

By Mr. WATERMAN, relative to trust funds.

THE STATE OF THE UNION.

Mr. ROBERTS offered a joint resolution, [26] pledging the powers of the State to the support of the Union, and condemning certain official acts of the President of the United States ; which was read the first time. It is as follows :

Resolved by the General Assembly of the State of Indiana, That, in behalf of the people of this State, in the language of the resolutions approved by the Virginia House of Delegates, December 21, 1798, we "unequivocally express a firm determination to maintain the Constitution of the United States, and the Constitution of this State, against every aggression, either foreign or domestic; and that they will support the Government of the United States in all measures warranted by the former. That this General Assembly most solemnly declare a warm attachment to the Union of the States, to maintain which it pledges its powers ; and for this end it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them can alone secure its existence and the public happiness."

Resolved, That in view of the matters mentioned in the foregoing resolution, we declare it to be the bounden duty of the Chief Executive of the Government, and all subordinate officers under him, as a further guarantee for the maintenance of the Union of the States, to see that the Constitution and the laws are faithfully executed against all opposers whomsoever.

Resolved, That we utterly repudiate the doctrine of secession as being at war with those great fundamental principles upon which the Government of the United States is founded ; and that whenever any portion of the people of the Government attempt to carry this hateful doctrine into practical operation, by armed force, they are guilty of treason.

Resolved, That in this light we view the effort which is being made by a portion of the people of the Southern States to separate themselves by force and arms from the Union, and set up an independent Government; and, therefore, we denounce and

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hold them up to the scorn and contempt of the civilised world as traitors to the Constitution and the liberties of the people.

Resolved, That we do also denounce and repudiate the doctrine being taught by the Abolitionists, that the conscience of the individual is a "higher law" to him, in the government of his conduct as a citizen, than the Constitution of the United Mates, which is declared by that instrument to be "the supreme law of the land it sets at defiance all law and order; and, therefore, it cannot be entertained for one instant by those who desire to maintain a republican form of government.

Resolved, That the war policy foreshadowed by the President in his Inaugural Address, and which was more explicitly defined in his first Message to the Congress of the United States, met with a hearty response from every loyal citizen, as was evinced by the spontaneous uprising of the people, after the attack upon Fort Sumter, who rallied by thousands and by tens of thousands, irrespective of party predilections, to the rescue of their common country; but, we do here declare, in behalf of the people of Indiana, that when the President, at the solicitation of the fanatics of the New England States, abandoned the conservative, sound, national policy which he had thus declared to the world, and exercised all the powers of his high office to change the contest from a war for the maintenance of the constitution and the Union to a war for the abolition of slavery, a result disowned by him, and never contemplated the conservative men of the country in the beginning of the struggle, the people with equal unanimity, condemned his course as being unwise, unpatriotic. and in direct violation of the Constitution.

Resolved, That the Proclamations of Emancipation issued by the President, of the United States on the 22d day of September and the 1st day of January, meet with our unqualified condemnation : we view, them as a stretch of power wholly unwarranted by the constitution ; that they are of no binding force in law, and, consequently, are utterly null and void.

Resolved, That we do protest against the burdening of the people by taxation to pay for the negro slaves of the Southern States, and our Senators in Congress are hereby instructed, and our Representatives requested to use all their power and influence to defeat the passage of any law having in view the purchase of any such slaves.

Resolved, That the unwarranted practice, which was inaugurated by the present Federal and State Administrations, of arresting unoffending citizens without due process of law, and carrying them beyond the limits of the State, and confining them in military prisons, where they were denied the privilege of trial by jury, and the benefits of the writ of habeas corpus, was a gross violation of the Constitutional rights of the people of the State of Indiana, and must, therefore, forever cease.

MORGAN COUNTY DIFFICULTIES.

Mr. GREGORY offered a concurrent resolution endorsing the action of Colonel Henry B. Carrington. Provost Marshal at this point, with regard to deserters.

Mr. BUSKIRK (Mr. Harney in the Chair) moved an amendment that, in the opinion of this General Assembly, the citizens arrested in Morgan county should not be held as prisoners of war, but be turned over to the civil authorities to be tried by them. He did not counsel desertion, nor giving aid to deserters. If soldiers conduct themselves properly in making arrests, and parties who resist them are tried by the civil authorities, there will be no trouble. But if denied such trial, and they are held by the military authorities, there will be trouble in the State of Indiana.

Mr. GREGORY accepted the amendment.

Mr. BRANHAM moved to refer the resolution to a committee of seven, to examine into the facts and perfect the resolution.

Mr. WOOLLEN would be unable to vote for the resolution now. He thought some parts of th a Col. Carrington order, reflecting on some of the citizens whom he represented, were not merited. He came this morning with the friends of some of the parties arrested by the military. The men arrested were mostly from his own county, but they were peaceable citizens. He had no doubt there had been some wrong doze there on both sides--on the part of the Government and the people. He wanted the facts before he voted on it.

Mr. NIBLACK was opposed to heated partisan discussions, which had done much to produce this state of excitement. He repudiated any desire to product; civil war, as he was in favor of peace. He also referred to a question of privilege. He had been reported as in favor of an entire revision of the Constitution. He had said that the condition of the country would perhaps require a revision of the Constitution, and that it would be better to defer actions on amendments now.

The discussion was continued by members of both parties, who desired that there be such an expression against any attempt to resist the laws of the U.S.

The resolution was referred to a committee of seven. viz: Messrs. Buskirk, Branham, Niblack, Gregory, Woollen, Atkison and Shaffer.

NEW PROPOSITIONS.

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

By Mr. NIBLACK, [125] to amend section 45 of the act incorporating insurance companies.

By Mr. LAMB. [126] to amend section 8 of the Justice's act.

By Mr. GIVEN, [127] to procure the service of process against corporation created by the statuses of other States.

By Mr. MILLER, [128] to require Recorders' fees to be paid in advance.

By Mr. WATERMAN. [129] to prohibit public officers from receiving their salaries in advance.

By Mr. HOWK, [130] to increase the powers of the Circuit Judges in vacation, relative to hearing motions and granting injunctions. &c.

By Mr. HALL, [131] to amend the 10th section of the common school act.

By Mr. GREGORY, [132] to authorize county boards, and incorporated cities and towns to appropriate lands for soldiers families or military purposes.

By Mr. HOWK. [153] to amend the 20th section of the practice act.

By Mr. GIVEN, [134] to legalize sales of real estate by Administrators in certain cases.

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