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
page: 29[View Page 29]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.
page: 30[View Page 30]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] 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.
