HOUSE OF REPRESENTATIVES.
FRIDAY, February 27, 1863.The reading of the Clerk's minutes of Wednesday's and Thursday's proceedings was dispensed with.
Mr. HARNEY, from the Committee on Ways and Means, reported that the State was not liable for any fraudulent stocks issued, and introduced a joint resolution [34] to appoint a Commission to obtain the cancellation of the fraudulent Indiana five per cent. stocks, which was read the first time.
REPORTS FROM COMMITTEES.
Recommending that House bills 135, (see page 115;) 194, (p. 152;) 218, 222, (p. 155;) 240, (p. 163;) and 243. (p. 167;) be laid on the table, were severally concurred in.
Mr. PACKARD, from a majority of the Committee on Federal Relations, reported on joint resolutions 7, 13, 16, 20, (all in relation to the state of the nation, which assert the right of the President to suspend the writ of habeas corpus and justify military arrests, and pledge to the Government support in every act done to suppress the rebellion); that the majority of the committee dissent from the resolutions, and the report at length argues the question. The majority hold Chief Justice Taney's decision in Merriman's case in 1861 as binding till reversed. They also rely upon Seward's opposition to the fugitive slave law, became it denied the right of habeas corpus to the negro; what was good for the negro was certainly good for the white man.
On motion of Mr. BROWN, the report was tabled, and 3,000 copies ordered to be printed.
Mr. GIVEN asked the favor of the House until Tuesday morning to make a report upon subjects not touched on in the report of the majority.
EMANCIPATION OF SLAVES.
Mr. PACKARD, from the Committee on Federal Relations, reported a joint resolution. [35] relative to the assumption of the President to liberate slaves in various portions of the United States, protesting against any such measure, and denying any right in the President in the regard; which was read the first time.
Mr. PACKARD, from the same committee, reported an amendment to his joint 'resolution. [2] in relation to compensation for emancipated slaves, declaring that the action of the President and Congress had no warrant in the constitution, and was in bold and wicked defiance of the rights of the people, and recommending its passage. The report was concurred in.
PAY OF SOLDIERS.
Mr. PACKARD, from the same committee, reported a joint resolution. [36] for payment of troops in the army in the legal and Constitutional coin of the United States; which was read the first time.
A NATIONAL CONVENTION.
Mr. BURTON offered the following, which was referred to the Committee on Federal Relations:
WHEREAS, The time allotted for the sitting of this Legislature is well nigh spent; and
WHEREAS, The people are looking anxiously for this Honorable body to adopt some measures which look to a cessation of hostilities, and to the establishment of an honorable peace; and
WHEREAS, It is evident that the demands of the people of Indiana in this regard will not be met, unless some prompt and immediate action is taken; therefore,
Resolved, That the Committee on Federal Relations be, and are hereby, instructed to report to this House, on Wednesday morning, March 4th, next, a bill or joint resolution, recommending, or embodying, in substance, the following propositions, viz:
- That we favor the calling of a National Convention, at as early a day as practicable, in the city of Louisville, or at such other place as may be designated, with a, view of restoring peace to a divided and distracted country.
- That we memorialize Congress to act promptly in this emergency, and to devise means by which the wishes of the people may be expressed through a National Convention, at the earliest possible day.
- That in the event of such a Convention, we will instruct our delegates thereto to oppose the prosecution of the war for another day, or another hour, while the President adheres to his abolition policy, and disregards the restrictions imposed by the Federal Constitution.
- That Indiana will not willingly furnish another man or another dollar for the further prosecution of this wicked and unnatural war, (if the Administration is determined to further wage it, in spite of the wishes of the people,) unless it is explicitly and unequivocally understood that it shall be waged solely for the preservation of the Constitution, and the restoration of the Union under the Constitution, " with all the rights, dignity and equality of the several States unimpaired."
ARBITRARY ARRESTS.
Mr. Brown's resolution, granting leave to the Committee on Arbitrary Arrests to sit thirty days after adjournment, &c., (see page 176,) was taken up.
Mr. BROWN stated that some outrageous arrests had taken place very lately which ought to be investigated, and they wanted more time. It was an utter impossibility for the committee to report during this session.
After debate an amendment authorizing three of the committee to sit was agreed to, and the original resolution was adopted--upon a division of the House, affirmative 26, negative not counted, the minority giving it up.
AN EXECUTIVE COUNCIL.
Mr. GRIFFITH offered a resolution indefinitely postponing the militia bill H. R. 221, as its discussion and passage would inflame the public mind, and tend to bring about a state of anarchy.
Mr. GRIFFITH. Mr. Speaker : I propose briefly to discuss the merits of this bill, in connection with the resolution which I have offered indefinitely postponing it, and endeavor to point out to gentlemen constituting the majority here why the bill should bo laid aside.
page: 182[View Page 182]I conceive this bill to be a flagrant violation of the constitution of Indiana, and it seems to me, without question, that it is intended by it to divest the Governor of his rightful authority as Commander-in-Chief of the military forces of the State, to set up a provisional military Government, composed of the officers of State, who, so far as military matters are concerned, shall virtually hold and exercise the executive power, and by so doing depose our worthy chief magistrate from the position assigned him by the constitution, the law, and the voice of the people of the State.
The subsequent effect may also be, to paralyze the efforts of the State in sustaining the general government, and induce a neutral position, if not a worse one, on the part of Indiana towards putting down the rebellion.
Messrs. ROBERTS. BUSKIRK, (Mr. Packard in the Chair) and HANNA severally desired Mr. Griffith to point out those sections of the bill (221) which were unconstitutional.
Mr. GRIFFITH. Section 11 of this bill constitutes the Secretary. Auditor, and Treasurer of State, and the Attorney General a Military Board, who shall appoint the Major and Brigadier Generals of the militia of Indiana, and really commission them as such. 'Tis true the bill says, "they shall recommend to the Governor suitable persons to be appointed." but also says, "at the time of recommending a person for appointment as above, the said officers of State shall make out and deliver to such person a certificate to the effect that hi has been chosen Minor or Brigadier General, as the case may be, which certificate shall have all the force and effect of a commission, until a commission issued by the Governor has been received." If they never should be commissioned by the Governor, they are already virtually and fully commissioned by this military board, viz: the officers of State.
I came here to abide by and render obedience to the constitution and the forms of law, and while the majority of this House conform thereto, I will remain in my seat, but whenever the majority, in endeavoring to carry through party measures of this and like character, seek to commit what I hold to be a gross infraction of the constitution of Indiana, I will not sit here and see it done. I would not have bolted upon the election of United States Senator if other gentlemen upon my side of the House had done so, for that question was settled at the October election. When the Democratic party sent up their Representatives to this Hall, they sent a majority, and it was their right under the constitution and within the law, to select whom they pleased to represent them--even Jesse D. Bright-- even one whose loyalty was questioned; for the United States Senate has the right to judge of the qualifications ef its own members, and can receive or reject them at its own option. But now a measure is introduced which is in contravention of the constitution, and the passage of which will inflame the already overwrought public mind to the point of anarchy, bloodshed and ruin.
The Constitution makes the Governor Commander-in-Chief of the military forces of the State. If Major and Brigadier Generals are to have certificates issued to them, by this Military Board, which are as valid as commissions from the Governor what, I ask, is the necessity of commissions at all ? It is absurd to pretend to bestow upon the Governor any power in this regard at all, when this Military Board of State officers are really invested with the whole, and can do as they please-- the Governor and his constitutional privileges to the contrary notwithstanding.
Section 13 gives the Brigadier Generals' appointed by this Military Board power to disband a company or regiment, in easy of subordination, and take from them their arms, without assent or dissent by the Governor.
Section 13 gives the Brigadier Generals' appointed by this Military Board power to disband a company or regiment, in easy of subordination, and take from them their arms, without assent or dissent by the Governor.
Sections 22 and 23 take from the Governor his power in regard to the control of the arms.
Section 22 makes it the duty of the Staff officers of the Major General to forthwith call, in all the arms, military accoutrements, and munitions belonging to the State," They, when called in, "shall be kept in a safe place, and in good order, by the Assistant Quarter Master General, on the Staff of the Major General, and issued by him in accordance with the directions of the officers of State."
Section 23 says " the requisition of the Brigadier General for arms shall be directed to the Assistant Adjutant General on the Staff of the Major General, and shall: designate the number of arms required, and the person to whom and the place to which they are to be sent." The requisition shall be "laid before the officers of State, and if approved by a majority of them, shall be served on the Assistant Quarter Master General, who shall ship the arms designated to the person and place designated without delay."
Section 30 reads, "No person holding an office under the Government of the United States shall hold one in the militia of Indiana."
Now, Mr. Speaker, we find this state of facts: the Assistant Adjutant General and Assistant Quarter Master General are the creatures of the Major General, and he in turn is the creature of the Military Board, and they are all independent of and uncontrolled by the Executive power proper of the State.
Now it must be plain to every gentleman upon this floor that this bill has provisions violative of the constitutional pow- page: 183[View Page 183] er of the Governor such as to perfectly nullify that power, and set up instead an other Executive, namely, the Military Board. I ask, would the majority have conceived any necessity for this bill and this attempted division of power had the officers of State named in this bill been of the Republican party ? I understand the gentleman from Marshall, now in the Chair, (Mr. Packard) made a speech in Plymouth, recently, and I believe he assents to the truth of the statement, and I do not desire to misrepresent him, in which he said ''they intended to have the lion (meaning Governor Mortem) shorn of his power." I believe the present bill was framed for that purpose, and I will oppose it by all legitimate means, and I ask the majority, not to attempt to press it further upon the minority of this House. Whenever the majority determines to do that which is outside of the provisions of the constitution. I will not remain and be a spectator of it. 'Tis true I have not yet left my seat; but the spirit is willing, and I am in sentiment and purpose with those members who have vacated theirs. And though they have been denounced as seceders and rebels, for resisting an attempted gross infraction of the constitution, with what consistency are those charges made, when members of the majority have frequently said here "that they would not vote another dollar or another man towards the prosecution of this war while this 'infamous Abolition proclamation of the President,' (as they are pleased to term it) is in force." It has also been said by the gentleman from Jackson, (Mr. Brown): let us conform to principle, and let expediency take care of itself. So I say, sir, and the minority of this House, who are resisting this bill by what gentlemen see fit to term rebellion and secession, are governed by principle in so doing;-- by a sense of duty to their constituents, to the State, and the nation.
Mr. HANNA. If the majority attempt to pass this bill will the gentleman from Lagrange secede from the House ?
Mr. GRIFFITH, If it is, as I conceive, that this bill violates the constitution, I will not deem it my duty to remain here and make a quorum to aid in its passage.
Mr. HANNA. What is the difference between you and the South?
Mr. GRIFFITH. The Government of the United States had committed no trespass upon the rights of the seceding States--nor attempted any infringement of their Constitutional privileges. I make a difference between secession and revolution.-- When the fundamental rights of the people are invaded, and they have no redress under the constitution by which they are held together, then the right of revolution begins.
Mr. Speaker. I have been informed through unofficial sources that the majority do not purpose to pass this bill. If so, now is the proper time to show it by the adoption of the resolution I have offered. I believe this bill ill-advised and ill-timed to say the least. The public mind is in a state of ferment, easily precipitated into civil war, and this feeling not only seems to influence gentlemen upon this floor, but pervades the whole mass of our people, I believe that, as true as God reigns, if this bill becomes a law, nothing can prevent civil war upon the soil of Indiana. Shall we confine ourselves to the legitimate business of this session, and lay aside these measures of discord, or shall we go beyond our proper sphere and privileges of legislation, and invoke the horrors of civil war here ?
I came here, sir, elected upon an Unconditional Union ticket. I came here in one sense a no-party man, and resolving to know no party save that which gave a steady and unfaltering support to measures of the government in putting down treason and cementing the Union. 'Tis true I am an intense hater of the system of slavery, for I was born and reared among it, and know its objectionable features, and I would be glad to see slavery stricken out with the left hand whilst rebellion was being crushed by the right hand of this government. But my love for the Union being paramount, if the crushing of rebellion and the restoration of the Union does not now obliterate slavery. I should gladly accept the first condition of things alone, hoping that justice would eventually bring liberty to the African race; for without it we can never have permanent peace. I therefore call upon every gentleman here who loves civil and religious liberty, who professes to revere the principles of our government and its constitution, who looks with pride upon the emblem of our nationality, who desires the supremacy of law and order instead of civil war and a divided government, to lay aside the spirit of party which seems to animate them, to lay aside these schemes fraught with anarchy, and come up as one man and one party in support of the national and State governments, without prescribing any conditions upon which we will sustain them.
I know that the paramount object of the government is to restore and maintain the integrity of the Union, and in view of that purpose I can endorse any and every measure having that intention which it may adopt, the President's proclamation included. With me it is a conscientious duty. I may say here that I have been accused of having too much conscience.-- I think there is some hope of a man when he is willing to exercise it, and does not permit party to override and silence it. I thank God I think I have a regard for the monitions of conscience, and that I find one Democratic gentleman upon this floor page: 184[View Page 184] who is alike conscientious with myself, who voted against the engrossment of this objectionable bill--I mean the gentleman from Cass (Mr. Lasselle). I take him by the hand, and bid him God speed.
In conclusion, sir, I earnestly trust that the resolution I have offered will be adopted by the majority on this floor, and the bill be indefinitely postponed, that we can then come together and go on with the legitimate business demanding our attention.
The appropriation and other bills should be passed, but if the passage of his military bill is to be made a sine qua non to the carrying through of those necessary measures, I say, knowing as I do the intention of the minority of this House, that unless this bill is abandoned legislation is at an end for this session, and we had as well adjourn to our respective homes.
I think gentlemen will bear me witness that my course here has been such at all times as was calculated to allay rather than promote excitement, and that, as a Representative of the people of Indiana, I felt that it became me to endeavor to unite the people of our State in these times of peril, and I say now that if by my act I could bring Indiana united to sustain our government, put down rebellion, and re-units this distracted country, I would give up all I hold dear in life, and would feel like going to the scaffold, if it became necessary, in accomplishing so desirable a condition of things.
Mr. HANNA. The gentleman goes further than Alexander Stephens, of Georgia, ever went. He asserted the right of secession only when the majority said it was right. He (Mr. Hanna) had taken an oath to support the constitution. He had carefully looked at the measure of it And he allowed no man to assume a superiority over him in rendering obedience to that oath. He had introduced this bill. The Governor of Indiana, whom the gentleman contended was to be shorn of his rightful powers by this bill, was simply the Executive of Indiana. In order to create a military and naval force over which the Governor should be Commander-in-Chief, it certainly did demand legislation, under the constitution, at our hands. The last Legislature conceived it its duty to legislate in this regard. His principal objection to the law now existing was that too much power was placed in the hands of one man. He stood here opposed, as he always had been, to one-man power--to taking that power from the people which belonged to them only. He stood not here as the traducer of Governor Morton; but shall we give him the right of absolute domination over the people of the whole State? The Constitution provided expressly that the organization of the militia should be by law. He compared the clauses of the bill objected to with the clauses of the Constitution bearing on them, and made a conclusive argument in their favor. The officers of State who were made by the bill advisers of the Governor had no duties to perform but those prescribed bylaw. The Legislature could contract or expand those duties. When gentlemen talked about this bill infringing on Governor Morton's constitutional powers, they did not know what they were, talking about. Here in the Constitution was an express declaration that the officers of State should perform such duties as the Legislature enjoined upon them. Governor Morton, or any other Governor, must obey the constitutional laws put by the people's representatives upon the statute book. In the national government all appointments were made only upon consultation and advice of the President's Cabinet. For more than half a century the American people had acquiesced in the constitutionality and propriety of the procedure. You could not deceive him with reports purporting to come from the soldiers. He knew their sentiments. He had had some opportunities to know their sentiments. They were with the people of the State, and if rightful legislation was sought to be defeated by revolutionary proceedings they would unite to overwhelmingly rebuke it. He was opposed to revolution. He was opposed to any violation of law. But if threats uttered by the minority were carried out, he would ask gentlemen what state of things they would expct throughout the State? Certainly four men freshly elected by the people were to be trusted as the advisors of an accidental Governor. The hour was gone by when a minority can seek to drive a majority by secession. The Legislature had not the power to make the law constitutional unless it was so. The Supreme Court must pass upon it, and if valid, it would stand; if not, it would fall.
AFTERNOON SESSION.
Mr. NIBLACK moved to refer the resolution to the Judiciary Committee.
Mr. HANNA said that to refer the resolution was the same thing as to refer the bill, which had passed to engrossment.
Mr. HARNEY had opposed some of the features of the bill. He thought, however, that the argument that it took from the Governor any of his rightful powers, was not well founded. That he should have the sole power of distribution of arms and commissioning of officers of militia was a stretch of prerogative not granted even to the President. Heretofore the Governors had nothing to do with the distribution of arms. Under the law the County Auditors made requisitions of arms, and the Governor was bound to obey, and the County Auditors distributed the arms; This had been the law, and any opposition to it was, in his opinion, intended to give page: 186[View Page 186] the Governor unwarranted and unconstitutional powers. He read from the present law, introduced by the Republicans, and passed and approved by the present Governor, to show its odious features. A mere Deputy Sheriff, a man never selected by the people, might order the officers of the militia to fire upon a mob, and if they fired blank cartridges, they, the officers, were to be held answerable for punishment. A Deputy Sheriff; a man whom perhaps the people did not know, a man employed perhaps by the Sheriff a little cheaper than anybody else, could under the present law, do these things, The bill now under consideration contained no such bloody provisions.
The motion to refer was agreed to.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. NIBLACK, [251] amending section 11 of an act organizing the militia requiring election of regimental officers by the regiments for four years. Section 18 is amended so that arms shall be issued on a requisition of the Quartermasters, in case of invasion, approved by the Governor, Secretary of State, and Auditor.
By Mr. GARVIN, [252] amending sections 83, 84, and 85 of the act for the incorporation of cities.
By Mr. HANNA, [253] amending section 24 of the act for opening, vacation, and change of highways.
By Mr. NIBLACK. (254] touching the public arms of the State, and regulating their distribution.
By Mr. LASSELLE, [255] amending section 16 of the law regulating descents.
By Mr. BUSKIRK, (Mr. Howk in the Chair,) [258] for thd relief of Isaac D. Johnson.
WORK FOR COMMITTEES.
House bills, [247] for the relief of Ann Blizzard, (introduced by Mr. Shoaff, of Allen, last Saturday;) 248. 249, 250, (see page 172;) and 251, (see a few lines above) were read the second time and appropriately referred.
The bill S. 79, (see- page 113.) was read the first time.
COMMUNICATIONS.
The SPEAKER laid before the. House a communication from the President of the Board of Sinking Fund Commissioners, stating that the losses to the fund thus far are $3,283;
Also, a communication, signed by many citizens, congratulating the honorable Democratic members of the General Assembly on the glorious success of the Democratic party, and making sundry sensible suggestions as to their duties;
Also, a communication from Major General Rosecrans, thanking the Legislature for their resolutions adopted with regard to the battle of Stone River, and speaking at length of the duties of citizens at home with regard to soldiers in the army lighting the battles of the country;
Also, a communication from citizens of the county of Monroe, with reference to the formation of societies for public discussion of the affairs of the country, in favor of an armistice and a National Convention for the restoration of the Union for legislation enforcing the 13th article of the Constitution, expressing unalterable opposition to the present "unconstitutional and Abolition" war, and denouncing, repudiating and condemning it, as pursued only for the purpose of freeing Sambo and Dinah; and insisting that Democrats had had their rights trampled on about as long as they could stand it;
Also, a communication to the purpose from citizens of Rush county.
LEGISLATIVE APPORTIONMENT.
The bill [S. 111] apportioning the State for Senatorial and Representative purposes being read the first time--
Mr. BUSKIRK (Mr. Milroy in the chair) moved to reject it.
Mr. MUTZ moved to table the motion which was agreed to.
Mr. NIBLACK demanded a call of the House.
The House seconded the demand, the call was ordered, and the following members answered to their names:
Messrs. Anderson, Baker, Byerle, Branham, Budd, Cason, Cass, Chambers, Davis, Forester, Gregg, Gregory, Hershey, Higgins, Hostetter, Hutchins, James, Johnson, Jones, Kendrick, Lamb, Leeds, Moorman, Morgan, Mustard, Newman, Noyes, O'Brien, of Hamilton, Perry, Pettibone, Roe, Stone, Tarkington, Van Buskirk and Woodruff 35.
No quorum being present, the House adjourned.
