HOUSE OF REPRESENTATIVES.
WEDNESDAY January 25, 1865.The House met at 9 o'clock A. M. The journal of yesterday having been read-
CORRECTION OF THE JOURNAL.
The SPEAKER said the journal of Wednesday last did not show the adoption of Mr. Branham's amendment of the Rule 55"Provided, that revenue and appropriation bills, first of the House, and next of the Senate, shall have preference, except unfinished business." It would be amended.
Mr. STIVERS and Mr. LOCKHART asked and obtained leave to record their votes in the affirmative, on the final passage of the Interest bill [S. 49,] yesterday.
Mr. SPENCER, Mr. Barton, Mr. Humphreys and Mr. Howard obtained leave to record their votes in the negative.
Mr. PRATHER presented a memorial for a claim, which was referred without reading.
RULES 58, 59.
Mr. HENRICKS now moved to take up his motion, of which, he gave notice yesterday, to amend the 58th and 59th rules, so as to admit of the reference of bills on the first reading, and of the submission of amendments before the several committees of the House.
Mr. H. stated that the object was to facilitate business.
Mr. BUSKIRK was opposed to the proposed change; that a bill shall be referred when it is not open to debate; and that when a member wishes to amend a bill he must hunt up the committee. He did not like the proposition, and could not see the reason for if, unless it was determined to make slaughter housesof all the committee rooms. He wanted to make his record as he went along. He gave other considerations going to show that such a rule would lead to interminable confusion.
Mr. BRANHAM thought the objection not well taken. If bills were referrable on the first reading, it would relieve our files at once. The record of gentlemen could be made as well under the amended rule is now.
Mr. GRIFFITH thought the proposition simply ridiculous. Every bill would be subject to the caprice of the committee. It would make them compete slaughterers.
The proposed amendment was rejected on a division-affirmative 26, negative 49.
BILLS INTRODUCED.
Mr. MEREDITH introduced a bill [H. R. 82] for an act concerning the creation of corporations for maintaining high schools in this State, and for maintaining such corporations.
Mr. HOOVER introduced a bill [H. R. 83] for an act to amend the 331 section of the act to repeal all general laws in force for the incorporation of cities, &c., approved March 9, 1857.
Mr. RHOADS introduced a bill [H. R. 84] for an act to legalize the action of the Board cf County Commissioners of Vermillion county, and of the Board of Equalization, &c.
Mr. COLOYER introduced a bill [H.R. 85] for an act to amend the 17th section of the act containing several provisions concerning landlords, tenants and lessees, approved May 20, 1862.
Which bills were severally passed to the second reading.
GRAND RAPIDS AND INDIANA RAILROAD.
Mr. GRIFFITH introduced a joint resolution [H. R. No. 12] instructing our Senators and requesting our Representatives in Congress on behalf of the Grand Rapids & Indiana Railroad Company--for extending time to said railroad company to enable them'to complete their road--[five years from June 3, 1856;] which was passed to the second reading.
Mr. GRIFFITH moved to suspend the constitutional restriction requiring propositions to be read on three several days, to enable him to move the second reading, of his resolution now--the yeas and nays thereon resulting--yeas 78, nays 7. So, two-thirds voting in the affirmative, the restriction was suspended: and then--
On motion of Mr. GRIFFITH, the joint resolution was read the second time, and ordered to be engrossed.
MR. SHAFFER'S FUNERAL.
Mr. BROWN submitted a resolution for allowing Messrs. Glasebrook and Milroy $30 for expenses incurred by them in conveying to his home the remains of the late Mr. Shaffer.
On motion by Mr. NEWCOMB it was referred to the Committee on Ways and Means.
Mr. MILROY desired to offer a resolution.
But objection being made, the SPEAKER, (Mr. Henricks in the Chair,) suggested that the time for new propositions had expired.
COUNTY WAR BONDS.
Mr. NEWCOMB moved to suspend the order of business and take up the Judiciary Committee's bill, [H. R. 70,] to authorize the several counties and cities to pay bounties to men enlisting in the service--the army and navy of the United States-to contract debts and levy taxes to pay them, &c.
Mr. BROWN called for a division of the question. The first part of the motion being to suspend the rule.
The SPEAKER ruled the demand out of order.
The bill was taken up.
On motion by Mr. NEWCOMB, it was read the second time by the Clerk.
The main features of the bill are as follows:
- No county or city is permitted to pay more than $300 for volunteers.
- A city cannot add its bounty to that paid by the county, but when a city pays a bounty, it is to receive no benefit from the county appropriation, and it is not to be taxed to pay its county debt, which is to be levied on the residue of the county, but when a city pays no separate bounty it will participate in the county fund and taxation.
- To procure money to pay bounties, counties and cities are authorized to sell their bonds page: 112[View Page 112] at not less than par, running not more than twenty nor less than five years, which bonds are to bear interest at the rate of six per cent.
- An annual tax is required to be levied sufficient to pay the interest and not less than five per cent, of the principal; and if the tax for the extinguishing of the principal cannot, before the expiration of the first five years, be invested in the bonds at or below their par value, the bill authorizes it to be loaned on real estate security of not less than twice the value of the loan, or to be temporarily invested in the public debt of this State.
Mr. COFFROTH said, if the war goes on, these local bounties might so increase the burdens of taxation as to drive the people from the State. The bill was unnecessary. The act of Congress was sufficient for recruiting the army. In the beginning of the war men went into the army without these extra bounties. He suggested a motion to refer the bill to the Committee on the Judiciary, with instructions to amend it so as to prohibit local bounties altogether. And it would be unjust to thus distinguish in favor of recruits, and against those who had served since the war began.
Mr. KILGORE also opposed the bill. The veterans of the army were of the class just mentioned, and they went into the army for $13 a month. We never heard of bounties till the drafts came. The bill was unjust toward the veterans. There were numerous reasons why the bill should not pass. He submitted a few. At the time of the last draft, in Delaware county the people went to work to fill their township quotas. And in some townships they not only supplied their quotas, but in Monroe, Salem and Mt. Pleasant townships they stand, respectively, 14, 12 and 10 men ahead of that call-these men costing the people, by voluntary contributions, $300 per man. The bill proposed to tax all alike, and it was easy to see how its operation would be unjust to the liberal citizens of those townships. It would tax equally those who had given their sons to the war, and those who had supplied neither men nor means. He wag speaking perhaps in opposition to the views of the majority in his county, but he could not refrain from the dictates of public duty.
He gave further illustrations. Already the township of Muncie had raised their volunteers' bounties to $300. Let this bill pass, and the $300 proposed to be offered under it by the county commissioners would make the Muncie bounty $600; whilst in other townships of Delaware county they would get but the county bounty of $300. The bill would throw the burden of the war upon the poor, laboring married men of the country, most needed at home. In like manner, Indianapolis would give $400, and Richmond $500 local bounties.
He opposed the bill for other reasons. It could not exempt the soldier now in service from taxation. It taxes him to shield the idlers and cowards about town from, the draft. The Constitution prohibited the Legislature from discriminating. It was not only unjust to the tax-payers, but to the soldiers and their families, who have been diligently serving and suffering for their country.
Mr. BROWN, If he had made the speech of the gentleman from Delaware, he would feel himself liable to arrest. He took not his position on this bill for popularity. So far as the people of his county were concerned, its patriotism and devotion to the country needed no vindication : they had supplied their quotas, and they did not owe a dollar of war debt.
He adverted to the fact of the ready enlistments of men to fill up the army at the beginning of the war-the grandest the world ever saw. But perhaps the change of administrative policy had damped the ardor for enlistment. He preferred that the State should furnish the men called for by the President of the United States. He doubted whether the bill would establish a uniform bounty system. The sixth section provided that cities may give bounties, and the objection of the gentleman from Delaware was well taken.
Mr. NEWCOMB said there was no double bounty. Section 10 provides that cities paying not exceeding $300 shall receive no benefit from the county bonds.
Mr. KILGORE. The city is exempted from taxation with the other portions of the county.
Mr. KILGORE. If they pay the $300.
Mr. MILLER, of Tippecanoe. Can't the city cut itself off from the county?
Mr. NEWCOMB, Not that he was aware of.
Mr. BROWN resumed. That was the point. He would pay these bounties all out of the State Treasury. In this way we would save labor for agriculture, and ameliorate the stern severity of the draft. Men with helpless families would be the sufferers under the bill. We should lay down that course that would raise volunteers and relive the heavy pressure of the draft. As a State, whether we believe the war policy right or wrong, it is our bounden duty to obey the call for men. He had no private or partisan feeling in this question.
Mr. NEWCOMB thought a more full exposition of the bill was necessary. He pressed its passage to obviate some of the evils complained of here. He wished to make the burden uniform and repress prodigality. He referred to the course of the city authorities of Indianapolis-compelled to take the course they had taken, because they were out-bid by other places. The recruit was credited wherever ho pleased.
Mr. DUNHAM. Could we not prohibit the payment of bounty to men not credited to their proper places.
Mr. NEWCOMB, Perhaps so. He recited the previsions of the bill. We had in it uniformity. Counties and cities could not rival each other. And to some extent we would prevent counties from running into bankruptcy. This county never paid but, $100. The highest paid city and county was $200. He commended that provision of the bill prohibiting county and city bonds selling below par. As to the idea of a State loan for bounties, we could not get the machinery in operation in time. The draft was to be upon us in February. The county bonds could be got out at once. We could not start the State bonds till we have a fund of four or five millions. There was a bill with the Judiciary Committee to levy a tax for the welfare of soldiers' families that would soon be matured. He would support that bill as heavily as he did the school tax. His object is page: 113[View Page 113] pressing this bill was to avoid extravagance and prodigality.
Mr. COFFROTH. Would not the $300 bounty, if the war continues, result in bankruptcy?
Mr. NEWCOMB would leave that to the people. He hoped some gentleman would offer the amendment suggested by the gentleman from Huntington. He would not vote for it, but he would not complain.
He replied to the intimation that the bill would shield the idlers and merchants' clerks of the town. Some of these men did not want bounties. If their sons or themselves were drafted, they could buy a substituted cheaper than they could pay the resulting taxes. If this bill were submitted to the people the wealthy men would not vote for it; but the clamor in its favor would come from the poor--the laborers and mechanics. He discussed at length the hardships which it was the purpose of this bill to obviate as far as may be.
Mr. SIM. What bounty does the general Government pay?
Mr. NEWCOMB. One hundred dollars for one year-- three hundred dollars for three years. When he had concluded--
Mr. WRIGHT took the floor in opposition to the bill. The misfortunes of our people were fast becoming pretest for extravagant legislation. He objected to the bill because it proposed to tax the property of those in the field, not to benefit themselves, but to benefit their neighbors who have never seen the field of war. Then it would result in bankruptcy and repudiation, and chiefly its operation would be to exempt those that have never gone to war.
Mr. BUSKIRK proposed to amend the bill as follows:
"Provide that the bounty shall be paid on the condition that the person enlisting is credited to the township of his actual residence; and such person shall be required to take an oath or affirmation as to his actual place of residence."
Mr. BUSKIRK (in view of the importance of this question) moved an order for an afternoon session-desiring that all having amendments to this bill would present them.
Mr. BRANHAM thought that the better course would be to refer the bill, with the pending amendments, and give the committees time to work this afternoon. If the committees did not give the Committee on Ways and Means their reports, that committee would not be able to act.
Mr. DUNHAM suggested that the bill be printed.
Mr. BRANHAM. It should be perfected first by its friends.
Mr. COFFROTH. There was no occasion for hurry: for it could not be passed in time to benefit the people. The people were providing for themselves, and we were legalizing their acts.
Mr. DUNHAM. That was the best reason for urgency.
After further consultation by Mr. BRANHAM, Mr. BUSKIRK, Mr. PRATHER and Mr. HARRISON-generally insisting on the most expeditious action-
Mr. GRIFFITH did not approve of the bill exactly. He, also, would like to have a session this afternoon.
Mr. HIGGINS and Mr. KILGORE preferred the adjournment till to-morrow morning.
Mr. Buskirk's order was adopted for an afternoon session.
Mr. PUETT submitted the following for the information of the House:
SEC.-. That no bounty under the provisions of this act, shall be paid to any recruit who shall be credited to any township in any county, or any ward in any city wherein he has not resided for thirty days next immediately preceding his enlistment.
SEC. -. That each person who shall be drafted and put into the service of the United States, shall be entitled to and shall receive like bounty as herein provided for volunteers."
Mr. DUNHAM submitted the following, which was read for information:
"Provide for the payment of a like bounty to each volunteer who has heretofore volunteered and been credited to such county or city, and has not received any local bounty, and to the widows and children of such as have volunteered and died in the service; or in case such volunteer has received less local bounty, then a sum shall be paid which shall make that local bounty equal to the bounty provided by this bill."
Mr. SIM submitted the following, which was read for information:
"Strike out all after the enacting clause."
Mr. BRANHAM submitted the following, which was read for information:
"Strike out $300, and insert $200."
Mr. COFFROTH submitted the following, which was read for information:
"Provided said bounties shall be paid to all persons who have heretofore enlisted in the service, and have received no bounties; and, in case of their death, then to their heirs."
On motion by Mr. COLLINS, the House now took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at 2 o'clock, P. M.
On motion of Mr. BRANHAM, the Judiciary Committee's bill [H. R. No. 70] was referred to the Committee of the Whole House.
And on his further motion, the House resolved itself into a Committee of the Whole House-Mr. HENRICKS in the Chair-and took up the consideration of said bill and pending amendments.
Mr. SHUEY, first obtaining the floor, said he had hoped this bill would have been passed without delay. He represented the anxiety for it in his region. He feared that it would be impossible to divide the burden of this war equally without such a bill as this. Wealthy men would escape, and the liberal-hearted and patriotic would be left to bear the burden and heat of the day. It had been suggested that this and the other bill to come from the Judiciary Committee would bring upon the people: too heavy a burden; but he would submit to any requisite burden to maintain the integrity of his country. Ha wanted equality, and answered objections. Not a man in the army of the Union would complain of sacrifices at home to fill up the army.
Mr. COFFROTH submitted an amendment by way of substitute.
page: 114[View Page 114]Mr. BUSKIRK called for the reading of the bill by sections, conformably to the rules regulating the House in Committee of the Whole.
The first section having been read--
Mr. BRANHAM proposed to amend by striking out "300" and inserting "200."
Mr. COFFROTH now submitted an amendment, by way of substitute, as follows:
Strike out all after the enacting clause, and insert the following:
"That it shall not be lawful for any county, or incorporated city, or town of this State to grant or pay any bounty to any person hereafter enlisting or volunteering in the military service of the United States, or for the purpose of procuring any such enlistment."
Sec 2. Whereas, an emergency," &c.
Mr. COFFROTH. It was known that there was a bill coming from the Judiciary Committee, providing for the relief and sustenance of soldiers' families; there was also before that committee a bill from the Senate legalizing the local proceedings of County Commissioners for the encouragement of enlistments. The first bill fee would support. He should say nothing of the latter. But the County Commissioners would, as a general thing, adopt the maximum of bounty. The outside pressure would constrain it. He recited a case that occurred lately, where County Commissioners had been compelled to levy a tax for bounties by the dictation of a mob. This bill is to fill up the quotas. But the county bonds, it is provided, shall not be sold below par. How could these bonds sell at par, when county bonds, in some cases which he mentioned, were now selling for fifty-five cents? How then? Put them into the hands of the soldiers? Then they would go at once into the hands of the sharks and Shylocks, and they, and not the soldiers nor their families, would get all the benefit. There was no provision to prevent the soldiers from transferring them. But the principal objection was in this: that it would accumulate immense county debts, piling Ossa upon Pelion, till we should drive our people from the State by oppressive, taxation-for a county, unlike a sovereignty could not repudiate. If the war goes on, the limitation was "the last man and the last dollar."
Mr. CHAMBERS was in favor of the bill, because the intent of it was to increase the pay of the soldiers, It might be liable to abuses, but no matter. He would like to see the Federal Government raise the soldiers' pay to $40 a month. He admitted that men would go into the army for mercenary purposes, as alleged by Mr. Kilgore; and he admitted also that" we could not call out a better army than that of 1862; but we could not do a better thing in that direction than to pass this bill. He answered other objections. This was an act of justice evincing a desire to give an equivalent for services rendered. This matter of raising armies was like business in common life: bold out the proper inducements, and you will get the men. The present unequal system was as open to extravagance as this. Soldiers were always favorable to a just compensation to soldiers.
Mr. MILLER, of Tippecanoe. Large bounties had developed bounty-jumpers. He was for any plan that would put men into the field-men that would stay when they enlisted,He would have the pay disbursed to the recruits in installments-say $100 in advance, and another $100 in eight or ten months. Thus we might retain the men in the field whom we send there. He would recommit the bill, with instructions to amend so as to exclude all inducements to bounty-jumping. He argued this at length.
Mr. BRANHAM coincided in the views of Mr. Miller; and, while he was of opinion, that this money should come out of the State Treasury,he would not be tenacious. For he put this question on the ground of simple justice to the soldiers.
Mr. BUSKIRK. There were but two ways to raise men for the army-volunteering and the draft. Do gentlemen desire the draft? Then let them vote against this bill. Which was preferable for the service, the volunteer or the drafted man? He preferred the volunteer. We had to appeal to less honorable motives now to raise men than two years ago. With reference to the burden of the tax this bill would propose, which was to be preferred-the honest payment of the tax, or service in the field? The men staying at home ought to be taxed in such amounts as to make a suitable compensation to those that serve in the field. He showed the hardships in the operation of the draft.
Mr. MILLER, of Tippecanoe. Was it not a hardship to tax men in the field equally with those at home?
Mr. BUSKIRK admitted that it was a hardship; but it was inevitable. The constitutional provision could not be avoided. He stopped not now to inquire whether this would be satisfactory to the men in the field. He was most ready at all times to do them justice. He was willing to be taxed to the extent of all his property to pay for the service of our brave and patriotic fellow-citizens in the army. Every draft would bring the pressure for taxation heavier on the County Commissioners, whose acts we must legalize. Then let us regulate and control this thing by law, for it was being managed without law, (as in the case recited by the gentleman from Huntington,) and would be till the Legislature laid its hand upon it. To a question, how bounties benefitted the army, he answered that they sent out many who would not go without bounties; and they would bring out for the service those who could be best spared from the interests of agriculture---We ought; to regulate this by uniform law, and only pay bounties to those who will take an oath, establishing their place of residence.
Mr. GROVES could not vote for this bill, which would flood the country with worthless paper. And if gentlemen would ask for the soldiers' vote on this bill they would not find many yeas. If they would not to a man rebuke the passage of this bill, they were not made of the stuff that had volunteered from his county. No man was more truly the solder's friend than he. He should vote for the bill to relieve the soldiers' families, which had been promised by the Judiciary Committee. He wanted to provide as well for those now in the field as for those yet remaining at home and willing to go.
page: 115[View Page 115]Mr. SIM was conscientiously opposed to the passage of this bill, though he might not be sustained in this opinion at home. He was not unwilling to be taxed, but was opposed to taxation to encourage volunteering. He insisted that the same inducements to volunteering existed now as at the beginning. He did not himself go for bounty. He himself tried to get into the three months' service as a private, where there was no bounty. If he was not physically incapacited, he would volunteer to-morrow. He would rather be in the army than in the Legislature. Soldiers in the field would consider it invidious to pay heavy bounties to men that would never see the field, for it was probable that recruits now would not get out of their camp of instruction before this war would be ended. He paid the tribute of speech to our heroic soldiers in the field and to the President for his proclamation of freedom. He honored those who fought for pay no more than the champions of the prizefighter's ring. He would provide amply for the soldiers' families. As for the draft, he would rather than not that it would take place.
Mr. HARRISON. Local bounties would be paid at all events, and it were better to regulate them by law. The relief of soldiers' families did not satisfy him. He would do more. He would pay for service in war. The Senate bill now before the House Committee would legalize that had yet been done, and this bill would come in and restrain the tendency to extravagance for the future. He was in favor of Mr. Danham's amendment.
Mr. COLLINS showed that unequal taxation would result from the operation of this bill.-- Its tax upon unproductive lands would be unequal. Then it was harder for the poor county to pay this tax than the rich county. But the grossest inequality was in paying heavy bounties to those who would not probably remain long in the service.
Mr. CHURCH. Bounties were inducements for men to enlist. They brought men into the service, without the bad feeling incident to every draft-finding fault with the enrollment, the Board of Examiners, &c., charging bribery upon them and many other shades of crime. And there were other evils incident to the draft, which he recited-loss of property on account of debt-feigned illness-running away, and desertion. The chief opposition to the bill was, that it would bankrupt the State. But taxes for thin purpose would be levied by the County Commissioners. And then the hardships of the draft it were more wise to avoid. As to the inequality on the part of those who have pone to war without local bounties, though it must be conceded, yet the families of those soldiers have been sustained at home. No soldiers' family, nor widow, nor orphan had suffered in this country. Then most of those that have gone to war could not be said to pay very heavy taxes. He was fully instructed to support this bill. Men who have been made rich by this war might complain of taxation for this purpose. Let such sell some of their unproductive lands, and pay their taxes, and sustain the men who protect their title deeds. When a man takes the risk of his life, let him cave the proper inducements to serve his country in war. No fear that such a man will be over-paid. He spoke at length, defending the bill and answering objections. When the outside pressure compelled county commissioners to tax for bounties, assuredly we should not refrain from our duty here. He was loth to sit down, because he knew his constituents desired this bill.
Mr. BROWN, speaking to Mr. Coffroth's amendment, doubted whether it was competent for the Legislature to pass a law which in its operation would discourage enlistments. The policy of the war was nothing. Did the country call for troops? The State must furnish them. Should we change the system of volunteering to one that would drag out unwilling men by the draft? How could we best serve the Government and ourselves? He deprecated a public debt, Some said the act of 1861 authorized taxation for this purpose. At any rate, it authorized the paying out for this purpose money already in the Treasury. So the richer counties would have the advantage. He submitted that the best way to do away with this system of bounty speculation, would be for the Legislature to prohibit local bounties, and enact a uniform bounty of $300 or $400, tax for the purpose, and pay the bounties all out of the State Treasury. He spoke at length, exhorting to public duty and liberality in this direction.
Mr. BUSKIRK moved that the Committee rise, report progress and asked to be discharged from the further consideration of the bill.
The motion was rejected.
Mr. GRIFFITH said the people of his county bad been pressing this matter on his attention. He was in the beginning opposed to bounties; but not to all bounties, as he was erroneously reported in the Gazette. Something was necessary to stimulate men to rally round the old flag. We should not be over-careful of money in a question of public duty and the support of the Government. Local bounties would be offered, and this bill would control and equalize them, and prevent the tendencies to extravagance. He read from a letter from one of his constituents advocating the bill and the principle that property should pay for its own protection.
Mr. GLAZEBROOK spoke in favor of the bill, and he supported it as the best means that could be adopted to avoid the severer operation of the draft. He illustrated his position with recitals'of experiences of the draft in his neighborhood. He was willing to be taxed to the last dollar-and,he had some of them.
Mr. BOYD moved that the Committee rise, and report the bill to the House, and ask to be discharged from its further consideration.
Mr. DUNHAM proposed to amend the motion so that the Committee shall ask leave to sit again.
The latter motion was agreed to; and the Committee rose, and the Chairman reported accordingly.
The House concurred in the report.
A message from the Senate announced the passage in that body of a concurrent resolution for the election of President and members of the Boards of Trustees of the State Benevolent Institutions, Commissioners of the Sinking page: 116[View Page 116] Fund and Directors of the State Bank, to-morrow at two and a half o'clock, P. M.
On motion by Mr. BRANHAM, the resolution was taken up.
On motion of Mr. NEWCOMB the resolution was amended by striking out that part of it which relates to the Commissioners' of the Sinking Fund.
And so the resolution was adopted.
The SPEAKER laid before the House a communication from the Auditor of State, transmitting an additional report from the Commissioners of the Sinking Fund.
Which was referred to the Committee on the Sinking Fund.
And then (at 5:30 P. M.) the House adjourned till to-morrow morning 9 o'clock.
