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

WEDNESDAY, January 21, 1863.

Mr. ROBERTS offered the following, which was adopted:

WHEREAS, The act of the General Assembly "for the organization and regulation of the Indiana militia," approved May 11, 1861, appropriated, for the years 1861 and 1862, out of the revenue of the State, the sum of seventy thousand dollars for each year, which was set apart by said act as a special fund for military purposes; and

WHEREAS, The said act requires that three-fourths of said fund shall be distributed, pro rata, by the Treasurer of State among those counties having an active militia in proportion to the number of active militia in each county; and,

WHEREAS, The Treasurer of State has failed to distribute said fund as required by said act, therefore,

Resolved, That the Treasurer of State be, and he is hereby requested to inform the House, at as early a day as practicable, why he has neglected to distribute the said fund as required by the act aforesaid.

Mr. JONES introduced a joint resolution [11 instructing our Senators and Representatives in Congress to use all efforts to procure further appropriations in aid of agricultural interests, which was read the first time and passed to the second reading.

NEW PROPOSITIONS.

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

By Mr. PACKARD, [62] repealing section 28, chapter 6, of the act defining felonies--and defining the crime of argon.

By Mr. SHOAFF, of Allen, [63] for the protection of sheep, and the taxation of dogs--repealing former laws.

By Mr. MUTZ, [64] amending section 17 of act regulating descents, so that a widow who is second wife can hold the right of dower only in the real estate of her deceased husband.

By Mr. HIGGINS, [65] for the relief of Alpheus C. Stanton.

By Mr. NIBLACK, [66] amending act incorporating the Wabash Navigation Company--enabling said company to raise money necessary for repairs.

By Mr. WOLFE. [67] amending section 5 of act concerning interest on money--allowing ten per cent. per annum upon contract.

By Mr. MILLER, [68] amending section 22 of act defining misdemeanors--relative to the punishment of public indecency.

By Mr. ANDERSON, [69] regulating the duties of State Librarian.

By Mr. JOHNSON, [70] amending section 6 of the divorce act.

By Mr. ANDERSON, [71] amending section 137 of valuation and assessment act.

By Mr. BURTON, [72] amending 22d section of act defining misdemeanors--relative to public indecency.

By Mr. LASSELLE, [73] repealing act ascertaining fees and salaries of County Clerks, Sheriffs, Auditors and Treasurers.

SECRET POLITICAL SOCIETIES.

Mr. Gregory's resolution relative to secret societies, pending at adjournment yesterday, coming up in order--

Mr. NEWMAN supported the resolution. It had been admitted on this floor that societies of men banded together for mutual protection, existed. All members of such societies were traitors. A Grand Jury of the country had found that there were treasonable associations throughout the State. The people generally believed that such societies existed. All these facts were sufficient to demand the investigation proposed.

Mr. SHOAFF, of Jay, said there was no parallel between the resolution to raise a committee to investigate arbitrary arrests and the resolution under discussion. Nor did it follow that the man who voted for the one must necessarily vote for the other. In the one instance the resolution was founded on facts; in the other on common rumor. In his county such rumors bad been prevalent,and investigations had been had, and the rumors shown to be groundless. He deprecated making this a party question. The investigation proposed would involve a needless expense. No good would come out of it. He thought it would only serve to embitter partisan feeling.

Mr BAKER argued that if no such society existed, the cost of an investigation would be amply repaid by the quieting of the public mind and good would result from the appointment of the committee of investigation if it should be revealed that secret societies existed for the purpose of defeating the laws of the State and of the General Government. The expense incurred would be nothing in comparison with the great benefit to the country if the facts, as people generally believe them, were ascertained. Democrats in his part of the State did not deny the existence of such societies.

Mr. WOLFE argued against the resolution. It certainly cast a reflection on the Democratic party, but it was based upon mere suspicion. If gentlemen had facts let them go to the courts. He did not believe any such societies existed.

Mr. HOSTETTER had reason to know that there was a secret society of traitorous tendency in existence in his county. His partner in trade was a life-long Democrat, who had always voted that ticket except at the last election. He is well known to the members from Monroe and Putnam. Lately, within two weeks, this gentleman had been invited by Democrats to become a member in a secret society existing in Boone county. A bribe was offered him. The bribe was to elect him a township trustee at the spring election. He asked, page: 69[View Page 69] the object of the society. He was answered to suppress the rebellion, which the abolitionists had failed to do. How will you do it? 1st. Refuse to pay taxes to support the Government; 2d. To resist future drafts for the army; 3d. They had sent a delegate representing five counties in a convention held in this city the week before to induce the President to withdraw his emancipation proclamation. It failed. They said if it failed, they would compel the majority to pass an ordinance of secession to take Indiana out of the Union.-- His partner's name was James M. Springer, and the gentleman who invited him to join the secret order was James Samuels, township trustee. His voice should be raised against traitors hero find everywhere, he was ready to meet them in whatever shape they might come. He was for "one country, one Government, or one graveyard." He demanded the passage of the resolution and the investigation it proposed.

Mr. PACKARD said if ho understood the object of the supporters of the resolution, it was to fasten disloyalty upon , members of the Democratic party. If such disloyal Democrats could be found, he was ready to assist in bringing them to punishment. But in his counties there was not a single Democrat who believed in the existence of such societies. Governor Wright was the first man who had asserted their existence, and the people had laughed him to scorn. As to the term Abolitionist, about which some gentlemen were so restive, every man who indorsed the President's infamous emancipation proclamation and the acts of the present radical Congress, was an Abolitionist; he knew no other name for him, And as for the Grand Jury which had made their presentment, alleging the existence of treasonable societies he denounced it as a biased and Abolition Grand Jury. He proceeded, ridiculing the testimony adduced by the gentleman from in Boone. (Mr. Hostetter.) It came from the vicinity of the famous Boone County Bank, and he was afraid there was some fraud in it. The disloyalty of Democrats would be found on investigation to consist in opposing the acts of the present Administration. If that was disloyalty, he was disloyal. If that was treason he was a traitor, and Abolitionists might make the most of it. For he did, here and now, denounce the acts of Abraham Lincoln's Administration. He did, here and now, denounce his infamous proclamation--his trampling upon the Constitution and the laws. It was the right of the people to resist tyrants and usurpers, and, he said, here and now, (he cared not how many spies and informers were lurking about this hall) he was ( ready to join any society to protect their rights and liberties--to maintain the laws, and the Constitution. He concluded with a glowing eulogy upon the fidelity of the Democratic party to the Constitution, laws and liberties of the people.

AFTERNOON SESSION.

Mr. CASON introduced joint resolutions 12,13 and 14 passed by the last Legislature and identical with Senate joint resolutions 1 and 2, [see page 44 of these Reports] embracing the following points:

  • 1st. Amending the second section of the second article of the Constitution, to enable the Legislature to define the residence of voters.
  • 2d. To amend article eight of the Constitution, to enable cities, towns and townships to levy taxes for common school purposes.
  • 3d. An additional amendment to the twenty-third section of the fourth article of the Constitution, permitting incorporated cities and towns to pass laws levying special school taxes.

Which were read the first time and passed to the second reading.

Mr. BROWN offered the following which was adopted:

WHEREAS, One Andrew Wallace, now holding the office of President of the Board for the Management of the Benevolent Institutions of Indiana, has held during the same time and now holds the office of Surveyor of "this District of Indiana," an office of trust and profit; and,

WHEREAS, The said Andrew Wallace, in a card published in the Indianapolis Daily American, of August 13, 1362, did admit that he held the office aforesaid, in the following words, to-wit: "Editors Evening American: Please explain, for the benefit of the ignorant, as to passes. I am acting United States Surveyor for this District of Indiana, holding my commission under his Honor, Secretary S. P. Chase,with power to arrest traitors against our Government, and issue special permits;" and that he had been selling such permits for over one year; and,

WHEREAS, The said Wallace admits in said card, so published, that crowds went to his office in Indianapolis, and all that were worthy to receive them, he sold to, and a great many he refused, charging for said passes twenty-five cents each to all persons who desired to leave the city in pursuit of their business avocations, an act derogatory to and in violation of the rights of the free people of Indiana; and,

WHEREAS, The Constitution expressly provides that "emigration from the State shall not be prohibited," and the said Wallace, in the exercise of an assumed arbitrary power, attempted to prohibit the free transmit, or "emigration," of the people of Indiana, unless they procured from him "free papers," the same that are required of the negro slave from, his master; and,

WHEREAS, The Constitution expressly declares that no person shall hold more than one lucrative office at the same time, except as is expressly permitted in that instrument; and,

WHEREAS, The said Andrew Wallace stated, before his election to the office of President of the Board aforesaid, that he wanted the position for its honor, and pledged himself not to use it for the advancement of his private interest; therefore,

Be it resolved, That the Attorney General of this State be instructed to inquire and report to this House whether the said Andrew Wallace has not vacated the office of President of the Board of Benevolent Institutions, by holding at the same time the office of "United States Surveyor for this District of Indiana."

SECRET POLITICAL SOCIETIES.

The House resumed the consideration of Mr. Gregory's resolution.

Mr. ATKISON was not convinced by all page: 70[View Page 70] he had heard during the discussion this morning, that the investigation proposed would amount to anything. He conceived, if such societies existed, the proper place to arraign the members was in the courts. The Grand Juries of the country could inquire concerning all such matters, and when facts were found to warrant it, make presentments. On this floor were members urging the resolution who had been themselves members ot a secret political society--the Know Nothing order. The mover of the resolution himself had been a member of such secret political society, He, if the resolution were adopted, would be chairman of the proposed committee. That being the ease, we could well understand what sort of a committee we would have, and what sort of investigation, so far as Democrats, who had always been opposed to secret political societies were concerned. He was not willing, as the resolution proposed, to impeach the loyalty of so great a number of his fellow-citizens. The resolution was one for buncombe.

Mr. CASON insisted upon the existence of secret political societies. A Grand Jury of Indiana had said so.

Mr. BROWN (interrupting,) asked the gentleman if that Grand Jury had not perjured themselves, first, by divulging acts they were sworn to conceal; second, by presenting 15,000 citizens of Indiana as traitors and than failing to find a bill upon which any one of them was convicted?

Mr. CASON. Every lawyer in the State knows that they did not. They did not, as the gentleman said yesterday with defence to the editor of the Indianapolis Journal, "draw upon their imagination for their facts." I will ask the gentleman how he knew that the matter was as stated in regard to that editor?

Mr. BROWN. I said that the editor of the Journal did, upon his oath, admit before a Grand Jury that he drew upon his imagination for the matter of his editorials.

Mr. CASON. Before what Grand Jury?

Mr. BROWN. Before the Grand Jury of Sullivan county. That editor had stated in his paper that he knew of a plot by citizens of that county to assassinate Governor Morton by placing obstructions on a railroad track. When summoned before the Grand Jury of that county he declared upon oath that he knew nothing of the matter whatever; nothing of such a conspiracy, although he had stated in his paper that be did; and that so far as he had said anything concerning it he had drawn upon his imagination for the facts.

Mr. CASON. How do you know this?

Mr. BROWN. I can prove it by members on this floor.

Mr. CASON. Were they members of the Grand Jury?

Mr. BROWN. I do not say whether they were or not.

Mr. CASON. If they were, according to your own argument, they have perjured themselves, divulging what they should not have divulged. If they were not, they received their information from perjurers. He resisted the idea that the majority of this House should have the chairman and majority of the committee proposed by the resolution. What did they desire this for, if not for the purpose of stifling investigation? He appealed to the majority, as patriots, as statesmen of Indiana, not to resort either to tyrannical, action or subterfuges to defeat this investigation, demanded by every loyal man in the State.

Mr. BUSKIRK explained his position yesterday as to the formation of the committee. If Mr. Gregory's resolution was adopted, by Parliamentary law he would be chairman and would be entitled to have a majority of the committee from his owns party. It was competent for the majority to refer, and dispose of the question, till some one of the majority should move for an investigation, be Chairman and secure control of the Committee. Hence he desired the reference to the Committee on Federal Relations.

JOINT CONVENTION.

Three o'clock having arrived, the Senate preceded by the President, entered the Hall.

The PRESIDENT of the Senate called the Convention to order and announced that the General Assembly were met in Joint Convention, pursuant to a concurrent resolution of both Houses thereof, for the purpose of electing a State Printer, three directors for the State Prison South and three for the State Prison North.

On motion by Representative BROWN, the Convention proceeded to elect

PRISON DIRECTORS, SOUTH.

Representative NIBLACK nominated George E. Greene, of Knox County for the term of four years.

Senator RAY nominated Samuel Donaldson, of Shelby, for the term of four years.

Representative MOORMAN nominated A. S. Crothers and Samuel M. Mitchell.

Messrs. Greene and Donaldson received 81 votes, Messrs. Crothers and Mitchell 54.

The PRESIDENT declared Messrs. Donelson and Greene duly elected.

Representative HOWARD nominated John F. Reed of Clarke for the term of two years.

Senator MARSH nominated Wm. Brotherton, of Delaware.

Mr. Reed received 81 votes, Mr. Brotherton 54.

Mr. Reed was declared elected.

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PRISON DIRECTORS, NORTH.

By consent, the Convention agreed to vote for the three Directors at one ballot.

Senator HOAGLAND nominated Thos. Tigar, of Allen.

Representative WOLFE nominated Jas. H. Swaar, of Owen.

Representative MILLER nominated R. S. Hastings, of Tippecanoe.

Representative MOORMAN nominated Chancey B. Blair, of Laporte, Hugh Hanna, of Wabash, and Jonas Votaw, of Jay.

Mr. Swaar received 83 votes, Mr. Hastings 81, Mr. Tigar 80, Mr. Blair 56, Mr. Votaw 56, and Mr. Hanna 55.

Messrs, Swaar, Hastings and Tigar were declared duly elected for four years.

STATE PRINTER.

Senator BROWNE, of Wells, nominated Joseph J. Bingham, of Marion.

Senator BEESON nominated Berry R. Sulgrove, of Marion.

Mr. Bingham was declared elected.

The PRESIDENT. The business for which we met 'having been transacted, I pronounce this Convention adjourned sine die.

When Senators had retired--

Mr. CASON resumed. No one who had listened to the discussion here could avoid the conclusion that such secret political organizations do exist: and have not all these gentlemen who proclaim that they were on Grand Juries and called hundreds of witnesses and foiling no evidence of such secret organizations, proven themselves by the logic of their party friends to be perjured rascals? We have other facts. Prominent Democrats have declared their existence. Judge Hughes has done it. We have seen and heard enough ourselves to convince us of their existence, and I shall assume their existence as incontrovertible. If they exist; if their design is to thwart the operations of the government, or other illegal purposes, have we not a right to investigate them? Shall we not investigate whether they are criminal in their aims? But the Democrats say the resolution charges the Democracy with belonging to treasonable societies. The resolution makes no charge that that party as a party composes this secret organization. It strikes against the societies themselves, not against parties. Why are gentlemen so delicate? They who press investigation on other questions? What is it, except that they fear it may "disclose that prominent men of their party, men whom they have nominated for office, may be implicated? Will they attempt to stifle investigation for partizan success? Are these men, who have piously and plaintively read lectures to the minority about constitutional oaths, and duties, ready to stifle investigation for partizan ends? He reviewed the course of the majority, in their attempt to override the minority, and their constant denunciations of the Government, while they were prating about the rights of traitors.

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