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Brevier Legislative Reports, Volume VI, 1863, 240 pp.
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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] 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the expediency of certain amendments of the Practice Act, providing for the re-enactment of section 238, which had been repealed.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.

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