HOUSE OF REPRESENTATIVES.
TUESDAY, January 27, 1863.Mr. GRIFFITH submitted the following protest, and asked that it be spread upon the journals of the House :
The undersigned, members of this House, beg leave to offer the following protest against the passage of the resolution embodying a memorial from the Legislature of Indiana to the Legislature of New York, for the following reasons :
Said memorial contains not only matter of commercial nature, respecting freight and transportation of merchandise, but also sentiments and expressions believed by the undersigned to be not only foreign to the subject matter of said memorial, but also politically unwise and incorrect in conclusion, and not endorsed, and should not be, by this General Assembly,
The undersigned beg leave to urgently protest against and dissent from the expression of sentiment contained in the latter part of said memorial, which are contained in the following words :
"So long as such States as your's (meaning the State of New York) battle with equal zeal against anarchy among the members of the government and the centralized monopoly of power in the hands of its Executive, you have our earnest sympathy."
If this language is meant to convey an abstract protest against despotic power, all citizens of this Republic might agree therewith.
page: 93[View Page 93]If on the other hand, it is a political volley fired by a Democratic battery at the President of the United States, and designed to convey the impression that our present National Administration is, in theory and practice despotic, and deliberately purposes to take from any State, or from the people, any rights guaranteed by the Constitution of the United States, we respectfully dissent from that part of the memorial, being well assured that the Chicago Platform, upon which the present National Administration was carried into power, did honestly convey to the public mind the sentiments and purposes of the party now in power, wherein it declares "that the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depends."
Further, we also believe and assert that the present National Administration has endeavored to seek not only the restoration of the Union and the supremacy of the constitution, but also the maintenance of all States' rights, in proof of which we call attention to the language of the President of the United States, in his memorable letter to Horace Greeley, wherein he declared that "his paramount object was to restore the Union in the shortest way under the Constitution. * * * To save it without touching slavery at all. On the other hand, to save it, if it became necessary in so doing, by freeing a part therefor to save it by freeing all the slaves." The restoration of the Union being thus the Alpha and the Omega of the desire of the President.
Now, if it be the purpose of the memorial to charge upon the Executive of the United States centralized monopoly of power in the hands of the Executive" because of political arrests, or the issuance of the proclamation, we respectfully submit the following extracts from a speech of James Buchanan in the United States Senate, upon the bill indemnifying General Andrew Jackson for a fine assessed by Judge Hall upon him by reason of the declaration of martial law at New Orleans by General Jackson, as pertinent now :
The language of Mr. Buchanan is as follows :
" We did not contend, strictly speaking, that General Jackson had any constitutional right to declare martial law at New Orleans.
"It had never been contended on this floor that a military commander possessed the power under the Constitution of the United States to declare martial law.
" We placed the argument not upon the ground of strict constitutional right, but of such an overruling necessity as left General Jackson no alternative between the establishment of martial law or the sacrifice of New Orleans to the rapine and lust of the British soldiery.
" In the history of every nation at war, cases might occur of such extreme and overpowering necessity, that in order to eave the country a military commander might be compelled to resort to the establishment of martial law.
"The following extract from a minority report made upon the same subject by Robert J. Walker, bears upon the subject matter of the memorial, and at this period is well worthy of attention. Mr. Walker uses the following forcible and explicit language :
" The majority, in the opinion of the undersigned, arraigns the conduct of General Jackson as subversive of the Constitution of the United States. The undersigned submits that in time of war and imminent public danger it may be the duty of the military commander to arrest those regarded as traitors, spies, or mutineers within the limits of his camp.
"The law which justified the act was the great law of necessity ; it was the law of defence, of self, home, and of country, and never was designed to be abrogated by any statute, or by any constitution.
" The same overruling necessity which justified the arrest would require the detention of the prisoner until the emergency had passed."
Now your protestants submit that, if there ever was a great, overpowering necessity in order to save the country, does it not now exist in the strongest and most ample sense? Did imminent public danger so overwhelming and portentous ever before threaten our country?
Suggesting to this honorable body, and the rest of mankind, the parallel state of circumstances, the great overruling necessity of the present, as well an of the past, we ask the question in candor, if the doctrines and sentiments quoted from the highest Democratic authority of the recent past is not applicable to the tremendous emergencies of this hour?
For these, and other reasons, we protest against the memorial, or that part of it quoted in this protest, and we hereby, not only by the doctrines of the past, but by the memories thereof also, call upon every citizen of this once prosperous, but now agonized and bleeding nation, to stand shoulder to shoulder in upholding the tottering temple of Liberty, in strengthening the hands and hearts cf the rightful authorities of the State and nation, in saying to the spirit of anarchy in our midst, peace--be still; and thereby hastening the advent of peace and hope and union upon this, our beloved, but weeping and distracted country.
Let us one and all, endeavor to save a nation which has been, and we hope ever will be, a beacon light to the world, and the custodian of the ark of civil and religious liberty.
- Francis P. Griffith,
- Oliver T. Jones,
- W. H. Kendrick,
- John A. Moorman,
- L. A. Cass,
- James O'Brien,
- E. B. Noyes,
- S. Hostetter,
- A. Anderson,
- James Forrester,
- D. C. Branham,
- A. Kilgore,
- John L. Roe,
- Paris Robinson,
- E B. Newman,
- C. Budd,
- Israel Woodruff,
- H. James,
- Tim Baker,
- John L. Stone,
- D. R. VanBuskirk,
- J. Marshall,
- H. J. Byerle,
- J. J. Johnson,
- B. F. Gregory,
- Charles D. Morgan,
- Samuel Mustard,
- R. B. Perry,
- J. M. Hershey,
- Amos Davis,
- Robert N. Lamb,
- J. M. Leeds,
- D. K. Pettibone.
A report from the Committee on Rights and Privileges, recommending that the landlord and tenant bill [H. R.16] lie on the table, was concurred in.
GOVERNOR'S MESSAGE.
On motion by Mr. BROWN, the communication from the Governor, having referred to the non-delivery of his biennial message, was taken from the table and referred to a select committee of five. It was but just to the majority on this floor that His Excellency's arguments relative to the pretended delivery of his message should be sifted and replied to.
Messrs. Brown, Hanna, Branham, Given, and Tarkington were appointed said committee.
JOINT RESOLUTIONS
Were introduced, read the first time, and severally passed to tile second reading. to-wit:
By Mr. PUETT, [21] as to what is known as the Morrill Tariff. It is a measure of great injustice to the people of the Middle and Northwestern States. It was a sectional law, accruing in benefits to New England manufactures; and instructing Senators and Representatives relative to its modification.
By Mr. ROBERTS, [22] a joint resolution relating to works of Internal Improve- page: 94[View Page 94] ment by the General Government, as follows :
Resolved by the Senate and House of Representatives of the State of Indiana, That in the present embarrassed condition of the national finances the appropriation of large sums of money for Internal Improvements, not immediately necessary for the national defence, is unwise, inexpedient and ruinous to the public credit; therefore, we do earnestly protest against the appropriation of money by the Congress of the United States for the construction of a Ship Canal in the State of Illinois, and the enlargement of canals in the State of New York, measures now pending before Congress, or for any other purpose not absolutely necessary for the present exigencies of the General Government.
Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use all their power and influence to defeat the measures of Internal Improvement aforesaid, and all other measures of a kindred character, and to protest in the name of the people of Indiana against increasing the national debt by works designed for local or general commerce, on pretence of "military necessity," or the national defence.
Resolved, That the Governor be requested to transmit a copy of these resolutions to each of our Senators and Representatives in Congress, with the request that the same be laid before their respective Houses.
By Mr. WATERMAN, [23] instructing Senators and requesting Representatives in Congress to favor the passage of a law permitting State revenue officials to collect Federal taxes.
By Mr. GREGORY, [24] instructing and requesting Senators and Representatives in Congress from Indiana to provide more effectually for sick and wounded soldiers.
By Mr. HOLCOMB, [25] instructing our Senators to oppose the emancipation schemes of President Lincoln, as follows :
Resolved, by the House of Representatives, the Senate concurring, That our United States Senators be, and they are hereby, instructed to oppose to the utmost of their abilities by all fair and honorable means, the passage by Congress of any bill or resolution having for its object the levying of any tax or duty upon the property of the loyal citizens of the United States, for the purpose of paying for slaves voluntarily or forcibly emancipated anywhere. And in every other way to oppose the emancipation schemes of President Lincoln.
Resolved, further,That if our Senators, or either of them, cannot conscientiously vote and act in accordance with these instructions, that they are respectfully requested to resign their seats in the United States Senate, in order that they may be filled by men who will obey the voice and reflect the will of the people of the State of Indiana.
Resolved, That the Clerk of this House be instructed to forward a copy of these resolutions to each of our Senators after their adoption by both Houses, with the least possible delay.
A LEGISLATIVE VISIT.
Mr. BREGAN offered the following :
Resolved, (the Senate concurring) That a committee consisting of three members of the Senate and three members of the House, be appointed by their respective bodies, to correspond with any committee that may be appointed by the Legislatures of the States of Illinois and Kentucky, wish regard to existing difficulties in the country. And that such committee be authorized to visit the Legislatures of the States of Illinois or Kentucky, if in their judgment they can thereby better ascertain the sentiments and views of the same; and endeavor, if practicable, to secure uniformity of action between this General Assembly and the Legislatures of said States in relation to the political condition of the country.
Mr. ANDERSON moved that the resolution be rejected.
The SPEAKER decided the motion out of order.
It was not parliamentary with regard to a resolution.
Mr. WOOLLEN offered the following .
WHEREAS, It is desirable that no opportunity shall be lost to cement the bonds of Union which subsist between the loyal States ; and,
WHEREAS, The Legislatures of Ohio, Kentucky and Illinois are now in session, consulting upon the common good, and all have an equal interest in maintaining the Union and preserving the constitution ; and,
WHEREAS, Free intercourse between those bodies might contribute to a more perfect friendship, and restore the era of good feeling which once existed; therefore,
Resolved, by the House of Representatives, the Senate concurring, That the Legislatures of the said States of Ohio, Kentucky, and Illinois be Invited to meet the Legislature of Indiana, at Louisville, on the 22d of February next, there to exchange views upon the condition of our common country, cultivate our relations of friendship and good feeling, and renew our united devotion to the old Union, the old Constitution, and the old flag.
Resolved, That His Excellency the Governor be requested to transmit these resolutions to the Governors of the States named, with a request that they lay the same before their respective Legislatures,
NEW PROPOSITIONS.
The following bills were introduced, read the first time, and severally passed to the second reading :
By Mr. GREGORY, [97] to repeal the act establishing courts of conciliation.
By Mr. PETTIBONE, [98] to legalize the sale of certain Congressional School lands.
By Mr. MILLER, [09] to re-enact the 238th section of the Practice Act.
By Mr. BURTON, [100] to amend the 21st and 24th sections of the act regulating opening of highways.
By Mr. GIVEN, [101] to amend section 1 of the act limiting the jurisdiction of Justices in regard to assaults.
By Mr. WOOLLEN, [102] to fix the exemption from military duty on account of conscientious scruples at $300, retroacting on those exempted in 1862.
By Mr. NOTES, [103] to amend the property exemption act.
By Mr. WATERMAN, [104] to amend the road law.
By Mr. O'BRIEN, of Hamilton, [105] to regulate the salaries of the several State officers.
By Mr. CASS, [106] to amend the act to encourage the destruction of wolves.
The 20th Judicial Court bill [3. 47] was read the first time.
Senate bills 6 and 10 (see pages 44 and 47) were read the second time.
WORK FOR COMMITTEES.
House bills 94 and 95 (introduced yesterday) were read the second time and appropriately referred.
page: 95[View Page 95]AFTERNOON SESSION.
The joint resolution [H. R. 6] printed on page 54 of the Brevier Reports, respecting the discrimination in favor of Massachusetts over Indiana in the matter of the draft was read the second time.
Mr. LAMB moved to refer it to a special committee to inquire as to the truth of the preamble, as he understood that Massachusetts had as many men in the service as Indiana.
On motion by Mr. ROBERTS the motion was laid on the table.
Mr. ANDERSON moved to refer to the Committee on Federal Relations, with instructions to inquire into the truth of the preamble.
Mr. HANNA maintained the fairness and necessity of the resolution, in order that Indiana valor and Indiana love of our old institutions, exemplified by promptly rallying around the flag upon the call of the President,might be shown to the world and , also the partiality of the powers that be with reference to the New England State in this regard.
Mr. ANDERSON was desirous that nothing should be done to excite animosity between different States. He was opposed to the passage of resolutions which assumed unfairness and injustice on the part of the Government without permitting investigation. He moved an amendment, which was pronounced by the Speaker as out of order.
On motion by Mr. ROBERTS the motion to refer was laid on the table--yeas 54, nays 36. (A party vote.)
Mr. GREGORY moved to strike out the words "rigidly and mercilessly" in reference to the enforcement of the draft.
On motion by Mr. KEMP, of Vigo, the amendment was laid on the table--yeas 55, nays 35.
Mr. JONES moved to refer the resolution to the committee on Military Affairs.
On motion by Mr. BROWN the motion was laid on the table.
The joint resolution was then ordered engrossed for the third reading.
The joint resolution [H. R. 7] against the President's emancipation proclamation, was read the second time and referred to the Committee on Federal Relations.
NATIONAL CONVENTION.
The joint resolution [H. R. 8] in favor of a National Convention &c., was read the second time.
It is in the words following:
WHEREAS, Our fathers formed the Union of the States upon principles of peace, conciliation and compromise and a just regard to the rights of all the States and people; and
WHEREAS, By a departure from these principles, as is alleged, civil strife and hatred have ensued, and do now exist among those who ought to be regarded as friends and brethren; and
WHEREAS, It has been found that those invested with official authority in the various sections are, from certain restrictions and necessities, inadequate to compose these differences and avert these disasters; and
WHEREAS, FURTHER, The people are the only rightful authority upon which all just government depend; and
WHEREAS, ALSO, The people of these States are being subjected to great burthens and calamities on account of the present civil strife; therefore be it
Resolved, by the General Assembly of the State of Indiana, That the people of all the States be and they are hereby invited to meet the people of Indiana in National Convention, to be held at the City of Louisville, in the State of Kentucky, on the fourth day of July next, to take into consideration such measures as may best promote peace among the people and union among the States.
And be it further Resolved, That for the purpose of aiding the objects aforesaid, his Excellency the President of the United States be and he is hereby respectfully and earnestly requested to causes hostilities between the Federal Government and the people of any of the States to cease from and after the first Monday in April, until the first day of August next, should the same be compatible with the public safety.
And be it further Resolved, That the legal voters of each District assigned by law for the election of a member or members of the House of Representatives of the General Assembly of this State, be and they are hereby requested to meet in their respective townships in said Districts, at the usual places of holding elections, on the first Monday of April next, and thereupon proceed to elect a delegate, or delegates, from such representative district, (according as the same may be entitled) to attend a convention of such delegates, to be held at the Capitol of the State, at Indianapolis, on the first Tuesday of May next. And such election shall be attended by the Inspectors, Judges and Clerks appointed for holding the township elections, on said first Monday of April, who shall conduct the same and make return thereof according to the laws of the State governing general elections for representatives to the General Assembly.
And be it further Resolved, That a Convention of such delegates, elected as aforesaid, shall bs held at the Capitol of this State, at Indianapolis, on the first Tuesday of May next, who shall thereupon proceed to elect --- delegates to attend said National Convention,for the purpose of promoting the objects herein contemplated.
Mr. LASSELLE moved to make the matter the special order in Committee of the Whole for Monday, the 23d day of February, in order that every gentleman might have ample time to mature his opinions.
Mr. HANNA was for an earlier clay for the special order.
Mr. HARNEY was for referring the resolution to the Committee on Federal Relations.
Mr. PACKARD favored the latter view of the subject, and hoped an early day would be set for the discussion upon this and similar resolutions. The people of the whole State were solicitous to know what this Legislature was going to do relative to the grave matters pointed out by the resolution.
After further debate, in which Messrs. GRIFFITH, PUETT, HOLCOMB, HARNEY, GREGORY and others participated, the joint resolution was made the special order for Tuesday the 16th proximo.
SOLDIER'S VOTE.
The joint resolution [H. R. 9] for legislation permitting soldiers in the field to page: 96[View Page 96] vote, was read the second time and referred to the Committee on Elections.
PAY OF SOLDIERS.
Mr. Burton's joint resolution (H. R. 10, printed on page 57 of these Reports,) for the speedy and prompt payment of soldiers, and against the great discrepancy between the pay of officers and privates, was read the second time.
Mr. GRIFFITH moved to stride out of the resolution the words "our President, Abraham Lincoln, and our Governor, Oliver P. Morion, have seemingly lost all care of the white soldier in prosecuting a war for the freedom of the negro."On motion of Mr. BROWN, the amendment and resolution were referred to the Committee on Federal Relations.
House Joint Resolutions 11, 12, 13 and 14 (see pages 67 and 68) were read the second time.
HONOR TO OUR SOLDIERS>
The joint resolution (H. R. 15, printed on pages 77 and 78 of the Brevier Reports) for the perpetuation of the memory of Indiana soldiers who have fallen or who may hereafter fall, in a war for the maintenance of the Constitution and the digni-nity and rights of all the States unimpaired, was read the second time.
Mr. LAMB was opposed to the committee proposed by the resolution. He thought bis Excellency the Governor could do all the work necessary in the regard.
Mr. MOORMAN moved an amendment, imposing the duty of collecting information under the resolution upon the Adjutant General.
On motion by Mr. BROWN the amendment was laid on the table--yeas 49, nays 38.
He would as soon trust the Governor in the premises as the Adjutant General.
Mr. ANDERSON opposed the resolution ap the basis, the foundation for a gigantic swindle. To authorize such a committee to sit during the recess would furnish them a salary of, perhaps, $1,000 a year, to get knowledge now within the possession of the Governor and the Adjutant General, and which could be obtained from them without cost. But this the majority are unwilling to accede to. If he, like many of the majority, were denouncing the war every day as an unholy war, he would not compliment the men who fell in its prosecution.
Mr. PACKARD had anticipated opposition from the Abolition portion of the General Assembly to anything looking to honoring our brave and patriotic soldiers who had fallen in defense of their country's institutions. These men who opposed the resolution had nothing to say against the corruptions of their own party. They would crawl on their bellies and lick the dust from the feet of Lincoln, Cameron and Fremont, the most corrupt and infamous villains, so far as plundering the public treasury was concerned. But, when our soldiers were to be honored, they were afraid of expense, of corruption on the part of Democratic Committees. Why? Because the resolution did not propose to thank shoulder straps who had gone into the war for pay, or those who had gone into it as Abolitionists for the purpose of overthrowing the institutions of their country. The Democracy, who revered those who had fallen in defense of the Constitution, would not talk about economy, would not talk about expense upon a question to perpetuate their memories. Abolitionists were not proposed to be complimented by the resolution. They had hung upon the rear, got their pay, and had come out or would come out, generally, from the war personally unscathed, and with their pockets full.
Mr. ANDERSON asked if the five men under the resolution could not draw three dollars a day for two years, and mileage wherever they chose to travel?
Mr. PACKARD said the resolution gave the Committee a wise discretion.
Mr. STONE remarked that the gentleman proposed to keep the roll of those who went from patriotic motives. As he considers Democrats alone patriotic, did he design only to enroll Democrats?
Mr. PACKARD said he would enroll all the deceased soldiers, but proposed to thank Democrats only.
Mr. LAMB moved to strike out the 4th resolution.
Mr. PACKARD moved to lay the amendment on the table.
