HOUSE OF REPRESENTATIVES.
TUESDAY, February, 21, 1865.The SPEAKER directed the roll-call, which ascertained a quorum present and answering to their names.
Mr. NEWCOMB moved to suspend the reading of the journal.
WHITEWATER VALLEY RAILROAD.
Mr. TRUSLER said he wished to change his vote on the passage of Mr. Newcomb's bill, [H. R. 59,] last Friday, because he was satisfied that by the provisions of that bill we were legislating away the rights of the people. There was no provision in that bill to secure the rights of shipping on the Whitewater Canal. Another reason why he wished to change his vote to the negative, was, there was much excitement on account of conflicting interests, between the Junction road and the I. and C. road, on account of the efforts of the latter to get possession of the former, since the people were now for the first time informed of it. They demanded that the canal shall be sold so as to realize the greatest amount,of money and pay the canal debts. The canal was worth a large amount of money, and if sold under competition it was believed that it would sell for enough to pay the entire indebtedness of the canal. He was in favor of a railroad there; but we should not legislate away the rights of individuals without their consent. This road would be built. It was already finished as far as Harrison.
But, if the road should not be finished, there was still the same reason for keeping up this canal that there existed for keeping up the Wabash and Erie Canal. His people, he thought, were willing the canal should be sold; but if sold he should realize as much as possible. The canal will bring at least half as much as the embankments are worth. The first men he met at home were the owners of boats on that canal, and they inquired earnestly, what are you going to do with our shipping? This bill No. 59 compromised the interests of those men, making no provision to remunerate them. On account of these considerations he wished to vote against the bill.
It was ordered that his vote be so recorded on the journal.
Mr. ATKINSON asked and obtained leave to change his vote, and record it in the negative on the passage of the same bill.
The journals of Friday and Monday were then authenticated without reading.
Mr. FOULKE asked whether it would be in order to move a reconsideration of the vote on the passage of the bill No. 59?
The SPEAKER. The gentleman's object could be obtained by sending for a return of the bill from the Senate.
Mr. BROWN obtained leave to record his vote in the negative on the Senate joint resolution No 16, for the proposed Constitutional amendment.
Mr. RICE asked and obtained leave to record his vote in the affirmative on the same matter.
PETITIONS AND MEMORIALS.
Mr. GREGORY, of Montgomery, presented the memorial of sundry citizens of Montgomery county, asking for the publication of the transactions of the State Board of Agriculture, which was read and referred to the Committee on Agriculture.
Mr. BANTA, Mr. HOGATE, Mr. WHITE and Mr. VEACH presented memorials for claims, which were referred to the Committee on Claims.
Mr. NEWCOMB presented the memorial of Thomas Cole for compensation for forty-one days' service as Assistant Doorkeeper, which was referred to the Committee on Claims.
Mr. ATKINSON, Mr. LANE, Mr. FOULKE and Mr. CHAMBERS presented petitions for amendment of the Liquor law, so as to require the applicant for license to obtain signers to his petition to the extent of half the population in the ward or township interested, which were referred to the Committee on Temperance.
Mr. McVEY presented a memorial, which was referred to the Committee on Education without reading.
Mr. LOPP, Mr. LEMON and Mr. WRIGHT presented memorials for remuneration for losses of property sustained on account of the Morgan raid, in the summer of 1863, which were referred to the Committee on the Judiciary.
REPORTS FROM COMMITTEES.
Mr. NEWCOMB, from the Committee on the Judiciary, returned Mr. harrison's bill [H. R. 21,] to amend the 222d section of the Misdemeanor act of June 14, 1852, with an amendment, striking out and inserting: "Every person who shall be guilty of notorious lewdness, or who shall in any public place make an uncovered or indecent exposure -- --, shall be fined not less than $10, nor more than $100, to which may be added imprisonment not exceeding three month;" and when so amended, the committee recommend the passage of the bill.
He also returned Mr. Harrison's bill [H. R. 44,] to amend the 76th section of the Misdemeanor act, reporting that the House has already passed a Senate bill on that subject, and a motion that the bill be laid on the table. The bill was laid on the table accordingly.
page: 287[View Page 287]He also returned the City Loan bill [S. 82,] with an amendment, striking out and inserting these words: ''who, on the passage of such ordinance by the City Council, shall issue the bonds of such city to an amount not," and other such clerical amendments.
He also returned the Misdemeanor bill [S. 25,] recommending passage.
He also returned Mr. Higgins's Legalizing bill, No. 27, recommending its passage.
He also returned the authentication bill [S 4] recommending its passage.
He also returned the bill [S. 28] to amend action 25 of the felony act of June 10, 1852, recommending its passage.
He also returned the bill [S 84] to amend section 2 of the Justice's act, recommending its passage.
He also returned Mr. Dunham's bill [H. R 141] to give judges additional power in vacation, with amendment inserting appropriately-"reasonable notice having been given to the opposite party of the time and place where said court will be held, but no application for an injunction or a restraining order shall be;" and in the second section a clause requiring such orders to be in writing, and filed with the records of the action.
He also returned Mr. Kilgore's bill [H. R. 34] to amend section 18 of the act regulating descents and apportionments of estates, recommending the adoption of the amendment reported from the Committee on Courts of Justice.
He also returned the bill to amend section 2 of the act requiring surviving partner to file inventory and report liabilities in the Court of Common Pleas, with a recommendation that the bill be laid on the table.
It was laid on the table accordingly.
He also returned the bill [S. 16] to amend section 349 of the Practice Act, recommending its passage.
He also returned the County Prison bill, [S. 115 ] recommending its passage.
He also returned Mr. McVey's joint resolution. [H. R. No. 15] with reference to the exchange of prisoners, reporting the opinion that on account of the late action of the Government in this matter, the passage of the resolution is unnecessary.
It was laid on the table.
He also returned Mr. Miller, of Clinton's legalizing bill, [H. R. 5,] reported that said clerk did not lose his residence by being in the employ of the Door-keeper of the United States House of Representatives, and his acts by deputy were valid.
The bill was indefinitely postponed.
A message from the Senate now announced the action of that body on sundry bills, and requiting the concurrence of the House of Representatives.
Mr. GREGORY, of Warren, from the Committee on Education, returned Mr. Grey's joint resolution No. 5, for a memorial to Congress for division of the National donation of lands to the State for the endowment of an Agricultural College, for the purpose of founding a home or homes for soldiers and seamen, their wives and orphan children-reporting adversely.
It was indefinitely postponed.
Mr. HAMRICK, being a member of the State Board of Agriculture, now in session below, and, for the purpose of enabling him to attend these sessions, he asked and obtained leave of absence till to-morrow evening.
Mr. BOYD, from the Committee on Claims, returned the following claims, viz: Ruger & Galdwell, Ross & Ruth, Thomas Dorsey, E. B. Augell $140, Indianapolis Gas Company $1,361 03, Herman Adams, Wm. Hensley, Tutewiler & Co., J. H. Ross, Browning & Sloan, J. H Jordan, McLene & Herron,Tousey &Byram, E. Hockelman, Bowea. & Stewart,$2,000, recommending that they be severally referred to the Committee on Ways and Means, with instructions that they be incorporated into the Specific Appropriation bill.
Mr. VEACH, from the same committee, returned the following, viz: Philip Woerner $2 75, Hogshire & Co. $78 25, James Griffith $25, William Braden $495 80, S. Kennedy $28 50, James H. Hyatt, Hawthorn, C. A. Warbridge, Ramsey & Hannig, John C. Dunn, J. S. Walker, A. M. Elkins.
Mr. EMERSON, from the same committee, reported the following claims, viz: H. A. Fletcher & Co. $72 34, Jas. Campbell $384 67.
Mr. GROVER, from the same committee, returned the fallowing claims, viz: John Lanahan, Jacob Lindley, R. L. & A. W. McOuat, Semmes & Co., William Sheets; J. McLean & Co. $222 80, James Russer $9, L. V. Brown, J. B. Wilson $29 30, which were severally referred to the Committee on Ways and Means, with instructions, &c.
Mr. BONNER, from the Committee on Agriculture, returned the Aurora Turnpike bill [S. 60,] recommending its passage.
Mr. SPENCER, from the same committee, returned the Landlord and Tenant's bill [S. 61,] recommending its passage.
Mr. GRIFFITH, from the select committee on the subject of petition from, unskillful practitioners in medicine and surgery, reported a bill.
Mr. WRIGHT, from a minority of the Select Committee on the County Bonds bill [S. No. 3,] reported amendments to said bill, authorizing credits for service in the fields against the county tax to pay county bonds issued for bounties, &c; and adding a new section.
Mr. REESE, from the Select Committee on Constitutional Amendments, returned Mr. Wood's joint resolution [H. R. 2] to amend the eighth article of the Constitution so as to authorize the people of incorporated cities, towns, townships and school districts to tax themselves for school purposes, recommending its passage.
He also returned Mr. Wood's joint resolution No. 3 to amend the twenty-third section of article four of the State Constitution, so as to provide for the same thing, without reference to a uniform rate of taxation, recommending its passage.
He also returned, from the same committee, Mr. Meredith's joint resolution, [H. R. 1,] proposed to amend the State Constitution by striking out the thirteenth article thereof, with page: 288[View Page 288] the recommendation of the majority of said committee that the resolution does pass.
Mr. HARRISON, from the minority of said committee, reported a recommendation that said resolution be laid on the table.
WHITE WATER VALLEY RAILROAD.
Mr. FOULKE submitted the following:
Resolved,That the Senate be requested to return the bill No. 59 to this House for further consideration.
Mr. LOCKHART would be glad to have this bill returned. It was but justice that the bill should be reconsidered, because it contained no adequate guarantee of the right of parties. We are willing to so amend it, that parties purchasing the canal shall be compelled to build a railroad, or forfeit.
Mr. WRIGHT. If the bill comes back, we shall consume the whole session on it.
Mr. BROWN agreed with Mr. Wright. He disputed the right of the House to recall the bill. The resolution would be a breach of decorum. We should not take up so much time on one proposition. He would not balance the interests of the people of the entire State against the owners of a few canal boats. We could not pass a bill here to infringe or impair the rights of private Property that could have any force of law. The bill could be considered when it should come back amended from the Senate.
Mr. SHUEY. If this bone of contention comes back it will consume precious time.--Gentlemen could take their new found mare's nest to the Senate. He demanded the previous question; and then, under the force thereof the resolution was rejected-yeas 20, nays 51-Messrs. Chambers, Cox, Emerson, Foulke, Glazebrook, Groves, Hogate. Hoover, Lee, Lemon, Lockhart, Lopp, McVey, Olleman, Rice, Sabin, Sim, Stewart, Trusler and Willis, voting in the affirmative.
Mr. KILGORE submitted the following:
MILITARY AUDITING COMMITTEE.
- Resolved by the Senate, the House of Representatives concurring therein, That there shall be appointed a committee consisting of one member on the part of the Senate, and two on the part of the House of Representatives, to be denominated an Auditing Committee, whose duty it shall be to meet at Indianapolis monthly, and examine and audit the accounts of the Commissary General and Quartermaster General, and all other accounts either for the pay of men, or material of any kind purchased and designed to be paid for out of appropriations heretofore made, or which may hereafter be made, for military purposes, including payment of the Indiana Legion, if an appropriation has been, or shall be made therefor, and that the Auditor of State be expressly prohibited from paying any claim of the description aforesaid, until said claim has been audited and certified by said Auditing Committee, or a majority of it.
- Resolved, That said committee shall make out a regular balance sheet each month, which, together with the proper vouchers, shall be carefully preserved. They shall have power to direct the proper forms to be used for accounts and vouchers, and require all to be made in accordance with such forms.
- Resolved, That said committee shall each receive the sum of three dollars for each day they may be necessarily employed in the discharge of their duties, and five cents per mile for the distance traveled going to and returning from their attendance upon such duties, the same to be paid out of the money appropriated for the payment of the legislative expenses of the present General Assembly, and that the Auditor is hereby directed to audit the accounts for the services of such committee, upon the certificate of a majority of the committee.
- Resolved, That said committee shall examine and determine all claims preserved to them for allowance without delay; and that said committee shall only be entitled to receive pay for the time during which they shall have been actually employed.
- Resolved, That a majority of said committee shall constitute a quorum for business, but no allowance of such majority of any claim or account shall be valid, so as to authorize its payment, unless such allowance be made by a number of said committee, equal to a majority of the whole.
- Resolved, That said committee shall only be authorized to sit as long as the duties herein imposed upon them may demand; and whenever said claims and accounts shall be fully examined and audited, said committee shall be and is hereby discharged.
Mr. KILGORE said he had introduced this at the request of the Governor. He considered that three men could do the work as well as five, the number appointed last session. Having been a member of the former auditing committee, he was prepared to say that it would save thousands of dollars to the State.
Mr. BUSKIRK was not prepared to vote for the resolution. He thought the powers, duties, and jurisdiction of that committee should be better defined than by the law of 1883. He therefore moved that the resolution be referred to a select committee of three, with instructions to report another resolution defining the jurisdiction of the committee.
It was so ordered.
Mr. NEWCOMB introduced a bill [H. R. 179,] for an act to amend section 1 of the act to incorporate the Trustees of the Indianapolis Female College, approved February 13, 1857:
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. GRIFFITH now called up his committee bill, reported this morning, viz: a bill [H. R. 130,] for an act to regulate the practice of medicine, surgery and obstetrics within the State of Indiana, and another properly connected therewith:
Which was passed to the second reading.
Mr. SHOAFF, of Allen, introduced a bill [H. R. 181,] for an act to amend the seventh section of the act prescribing the duties of clerks, approved June 7, 1852:
Which was passed to the second reading and referred to a select committee of five.
Mr. SHUEY introduced a bill [H. R. 182] for an act regulating the sale ot real estate made by county treasurers for the non-payment of taxes and to establish tax titles-
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. GREGORY, of Warren, introduced a bill [H. R. 183] for an act authorizing a tax levy for the support of schools, &c.-
Which was passed to the second reading and referred to the Committee on the Judiciary.
Mr. ATKINSON introduced a bill [H. R. 184] for an act to amend the act regulating fines and fees, and repealing former acts in relation thereto- -
Which was passed to the second reading and referred to the Committee on Fees and Salaries.
Mr. WHITESIDE, (by request,) introduced a bill [H. R. 185] for an act to provide for the election of Directors of Corporations, and pre- page: 289[View Page 289][pre]vent the forfeiture of their franchises in certain cases:
Which was passed to the second reading and referred to the Judiciary Committee.
Mr. BUSKIRK moved that the (now presented) report of the Military Auditing Committee be spread on the journal, and that a copy be referred to the Committee on Ways and Means.
The motion was agreed to.
THE CALENDAR.
Mr. COFFROTH demanded the consideration of the regular order of business on the calendar.
The bill [S. 100] fixing the compensation of Township Assessors--
The bill [S. 128] making appropriations to pay the interest on the State University bonds for 1863 and 1864-
Were severally passed to the second reading.
GOVERNOR'S RESIDENCE.
The bill [541] appointing commissioners to sell town lots belonging to the State, and provide a residence for the Governor, was passed to the second reading,
Mr. NEWCOMB moved to suspend the constitutional restriction, and that the bill be read the second time now. He described the provisions of the bill; urged the necessity for a residence for the Governor, and the fact that, if the property is to be sold it ought to be done at once, when it is in demand.
Mr. LASSELLE was opposed to dispensing with constitutional restrictions. Many other bills on the calendar were as important as this.
Mr. NEWCOMB, Mr. BUSKIRK, and Mr. COFFROTH regarded this as a measure demanding prompt action, and considered it expedient to suspend the constitutional restriction.
The restriction was suspended--yeas 59, nays 11-and the bill was read the second time.
On motion of Mr. NEWCOMB the bill was referred to a select committee of three.
T. & I. RAILROAD.
The bill[S. 68] to change the name of the Terre Haute and Richmond Railroad, to Terre Haute and Indianapolis Railroad Company, giving further time &c., was taken up and passed to the second reading.
On motion by Mr. MEREDITH it was referred to the Committee on Railroads.
The bill [S. 5] to. amend section 601 of the general practice act, was taken up and passed to the second reading, and referred to the Committee on the Judiciary.
The bill [S. 30] to authorize the sale of rail roads, &c., was taken up and passed to the second reading.
On motion by Mr. COFFROTH, amended by Mr. MONTGOMERY, the regular order of business was suspended, and the House proceeded to the consideration of House bills on the third reading.
RAILROADS.
Mr. Rice's bill, Equal-footing Railroad bill No. 9, (see page 45,) coming up, it was ordered to the third reading, and read the third time.
On the final vote there was no quorum voting, but a majority for the bill. So it lies over.
Mr. RICE stated the object of the bill. It was to repeal former legislative restrictions of railroads, such as requiring that the earnings of railroads over 15 per cent, shall shall go into the Treasury of the State; thus placing all railroads on the same footing in regard to dividends and profits.
Mr. HENRICKS considered it unfortunate that this bill did not provide for equality and limitations in regard to what shall be charged for passengers and freights. The railroad system cannot be dispensed with, but he would not allow them to do with us as they please. The Southern Michigan and Northern Illinois charged more for freight and passengers from his town to New York, than the road charged for freight and passengers from Chicago to New York.
The SPEAKER said there was nothing before the House. The bill will go over till to-morrow.
STATE BOARD OF AGRICULTURE.
Mr. HOGATE'S bill, [H. R. 20,] for the encouragement of agriculture, authorizing the State Board to sell, purchase and hold real estate, &c, (see p. 64,) was taken up, ordered to the third reading, and read the third time.
Mr. BUSKIRK believed that the provision exempting all the property of the State Board from taxation, was in conflict with the Constitution.
Mr. NEWCOMB read from article 10, and held this right to an exceptional case, as an institution for "scientific purposes,"
The yeas and nays on the final passage resulted-yeas 51, nays 11-no quorum voting; and a second vote was ordered thereon.
Mr. LASSELLE made an ineffectual motion for leave of absence for Mr. Gregg.
On motion of Mr. HENRICKS, the House took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
THE PUBLIC DEBT.
Mr. BRANHAM (by unanimous consent) introduced a bill [H. R. 186,] for an act declaring the law now in force sufficient to authorize the payment of the semi-annual interest on the public debt, to authorise the payment thereof, and providing for the punishment of any violation of the requirements of this act, &c.
Which was passed to the second reading.
STATE BOARD OF AGRICULTURE.
The SPEAKER announced the unfinished business of the morning, viz: the vote on the final passage of Mr. Hogate's Agricultural bill, No. 20.
The bill was again read through by the Clerk.
Mr. NEWCOMB explained the provisions of the bill. It was in part to legalize the State Board's purchase of the Camp Morton lands. He moved to reconsider the vote whereby the bill was ordered to the third reading.
The motion was agreed to.
On his further motion, it was referred to a Select Committee of Three.
COUNTY BONDS.
The SPEAKER announced the special order,the consideration of the Senate bill No. 3, le- page: 290[View Page 290] [le]galizing county bonds, &c., and the amendments pending-[heretofore described in these Reports-] reported from the majority and minority of the select committee thereon. The first question being on the amendment of the minority-
Mr. WRIGHT. In his county the county officers published the amount at $250, which they would pay to each man by way of bounty, to the number of men called for. But ten men more than, necessary to fill the quota volunteered and went into the service without bounty. The minority amendment was to secure the payment of bounty in such cases. There was a surplus of seven recruits in Switzerland county in the same condition.
Mr. BUSKIRK explained the provisions of the bill, as amended by the majority of the select committee. The first branch of the minority report was, that soldiers should receive a credit to the amount of the county levy on their property. He insisted on the force of the legal principle, that what can not be done directly, can not be done by indirection.
He would cheerfully exempt the property of soldiers, if he could do so under the State Constitution. The second division of the minority amendment would give a bounty to every man that has entered the service without home bounty. He considered that his report, presented on Friday morning, covered the whole constitutional question in this regard. Let us do right, and it anybody finds fault, let us refer them to the Constitution.
AGRICULTURAL COLLEGE.
[A message was now received from the Governor by Mr. Sulgrove, his private Secretary, transmitting a communication from sundry citizens of Tippecanoe county, proposing to donate buildings and eight acres attached, the Tippecanoe battle-ground, forty-eight acres; another lot of 200 in Tippecanoe county; and another lot of 100 acres in the northern part of' the State, and $10,000 in money, towards the endowment ot the State Agricultural College, as an inducement for the location of said college at the Battle Ground.
[The message and communication was referred to the Committee on Education.]
COUNTY BONDS.
Mr. BROWN proposed to amend the bill by adding a clause to repeal the act of 1861 to appropriate money for the encouragement of volunteering, &c. He said the reason of this amendment was that the law of 1861 was the authority under which these county commissioners had acted. Judge Bicknell, in a case just decided in the Jackson Circuit Court, had held that they had no authority to issue these bonds. He read from the act of 1861. Under this act several boards of commissioners have endeavored to borrow money to pay bounties. He respectfully submitted that it was no law at all, and that it ought to be swept from the statute book.
Mr. BUSKIRK. The gentleman's amendment was only a little broader than the provisions of the bill.
Mr. GREGORY, of Warren. His county commissioners had acted for years under that act, and took a different construction. We were not bound by the decision of the Circuit Judge.
Mr. CHAMBERS proposed to amend the report of the majority by striking out section third, which was read for information.
Mr. NEWCOMB showed that, if this bill and Mr. Branbam's bill No. 14, should both pass, the act of 1861 would be repealed; but he wanted to preserve that portion of the act which authorizes care for soldiers' families. He did not want to see this bill weighed down with amendments.
Mr. GRIFFITH. We bad spent a good deal of time on this bill, and as he saw it was to be loaded down with amendments, he demanded the previous question.
Mr. KILGORE suggested that the bill ought to go to the Committee of the Whole House.
The SPEAKER There was no order to that effect.
Mr. COFFROTH desired that the bill might be perfected.
Mr. GRIFFITH withdrew his demand for the previous question.
Mr. WHITESIDE did not regard the section reported by the minority as in conflict with the Constitution. He submitted that the authorities quoted in Mr. Buskirk's report had no bearing on the amendment. The minority amendment did not refer to the assessment, nor the taxation, but simply to the collection. There was a vote taken here but the other day to exempt whole townships from taxation. It was the practice and the law, that where a person goes out and works on the roads, he is entitled to a credit for his road tax. Now, while the majority report requires uniformity of levy and assessment, it is silent about the collection. Here, in the minority amendment, was simply a credit for this levy and assessment on account of services rendered in the field. Admit that there was a question of doubt involved as to its legality, still our act should be on the side of the equity of the case. And who doubted the equity here? It certainly was not right to tax soldiers' property to enable us to stay at home.
Mr. HUMPHREYS concurred with Mr. Whiteside so far as the minority report is concerned. There was certainly in it something of justice to the soldiers. But as to the whole bill it would have to pass without his vote. He looked upon it as apart of that grand fanatical scheme which was fast amercing the State in bankruptcy. He could see nothing better to grow out of it. He preferred to stop where we are. He would not hurt the soldiers' interest. He believed that these bonds were mostly in the hands of speculators, for whose benefit he believed they were issued at first.
Mr. WRIGHT was in favor of Mr. Brown's amendment. He said:
Sir, I know not what course others may take in regard to this bill, I speak for myself only I am opposed to the passage of this bill because I believe the bill wrong, but if it must pass, I want my amendment to pass with it, shielding the property of soldiers from excution and sale for the taxes that this bill proposes to levy.
Some may think this amendment unconstitutional, but I cannot find one clause in the Constitution that forbids us from page: 291[View Page 291] property from execution. We have a law exempting three hundred dollars' worth of property from execution for debts. Government bonds are not taxable. And we have a law exempting the property of members of fire companies. If we can do all this, I would ask, in the name of justice, that we also exempt the property of soldiers-not from taxation, but from execution and sale.
Sir, I will oppose any bill that proposes to tax, execute and sell the property of soldiers In the field, fighting for my Goverament. I will oppose all bills proposing to tax those who have volunteered to put down this rebellion--those that have stood the heat and burthen of the day in this war. I will oppose any bill that proposes to tax the old man that has given up his last son for the Union. I will oppose any bill that proposes to tax the man that has been drafted and furnished a substitute, for which he has paid his money. And above all this, I will oppose any bill that proposes to tax the widows and orphans, whose husbands and fathers' bones lie to-day bleaching on the field of battle, for such a purpose as this.
I do not believe it is right to tax the soldier to raise a fund to shield a few members on this floor, and their neighbors from the draft. I do act believe it is right to sell their property at public sale, while they are at the front, standing like a wall of fire between us and danger, for any such purposes.
Sir, I know gentlemen say their people want it; but, sir, I say to those members, their soldiers in the field-those that have gone through all the dangers and hardships of this war, do not want it. Will you tax the brave boys in the field for the benefit of a few cowards at home? I know that many a good and brave man may be willing to be taxed to fill up our armies, but he is not willing to see the soldier taxed who has served out his time. Perhaps be does not know that we cannot tax him without taxing the soldier and widow, under our constitution. But where is the justice in so doing? We may have another draft-what are you going to do? Will you continue to issue more bonds for every draft until you bankrupt the State? From the report of members, we find that to fill the present call on our State for twenty-two thousand men, the several counties have issued over twelve millions of dollars worth of bonds. Look at this enormous debt-will you continue to increase it if we have another draft? Aye, sir, you must do so, or you will not deal out justice. Will you refuse to raise a bounty to relieve your citizens' from the first draft? Raise a bounty for the second and refuse to give any bounty should we have another draft? Will you tax all alike to redeem those bonds issued for the benefit of the few? Is it right? Is it just?
But we are told that this bill is to legalize the act of the County Commissioners. Sir,this is the best argument against it. We should not legalize the illegal acts of our county officers. Illegal acts involved this country in a desolating war, and made paupers of all those States that indorsed them. Shall we pauperize our people by following suit? But, sir, I am told by members upon this floor, that the people demand it. Sir, we live in a day of excitement that clouds the judgment of men. In times of excitement like the present the popular will may be the public folly, and the impulse of the moment the madness of the hour, hence it becomes our duty, as the representatives of the people, to guard against the unreasoning passions of men. It is our duty to guard not only the present but the future welfare of our constituents. If there ever was time that we ought to husband our resources this is the time, that we may not fail to put down this rebellion for want of the money to carry on the war.
If every voter in my county was to instruct me to vote for this bill, I wouldn't do it; I would resign my seat and go home; I will not sit here, a mean thing, to move only when my constituents pull the strings. Sir, it is my duty to guard well every bill increasing the taxes at this time if we would avoid the infatuations of 1836 Then we were told that an extra hen and. chickens would pay all the extra tax that would be required to complete the internal improvement system of this State. But, sir, when the taxes had to be paid, what did we see? We saw the people unable to pay them, with all their resources-property advertised on every gate post all over the State-property sold for taxes at ruinous sacrifice to the owners, until mob law was inaugurated, and no man allowed to bid on property offered for sale to pay taxes. Can we learn nothing from the past history of our State? But gentlemen say we must fill up our armies. I answer, the Government has the power to fill our armies, and will do it. Look at the young men idly crowding your streets to-day. Are they any better than those that have been or are now in the field, fighting for the liberty they and we enjoy? Will you tax the soldier's widow and orphan to shield those young men that have not the patriotism to induce them to rally to their country's rescue? You may, sir; but I will be the last man on this floor to cast my vote for any such purpose.
Mr. STEWART should vote against all the amendments. And he should vote against the three years time. He was opposed to county involements beyond the current year. His county had issued bonds to a large amount. He had no assurance that we could pay the tax in three years better than we can pay it now. Let us pay as we go. He considered this bounty system at the commencement was not right; but as we had gone on he would legalize them, and stop there.
Mr. BROWN'S county was not interested in this bill. They had filled their quota by voluntary contributions. He replied to the argument for credit on account of service in the field, founded on section 1, of article 10 of the State Constitution. This service in the field was not rendered to the State of Indiana, as work on the roads is rendered, and wholly out of the range of the argument. In reply to Mr. Whiteside's ingenious distinction between levy and assessment and collection for taxation, he showed that taxation implies all these. Let us pass a law which the courts will sustain. He made an argument for the repeal of the act of 1861, replying to Mr. Newcomb, and denying that this act of 1861 authorized commissioners to borrow page: 292[View Page 292] money. It was only a stumbling block for the commissioners. He examined the question at some length. So far as legalizing these bonds was concerned, he should probably vote for it.
Mr. CHURCH referred to the opposition on the bill by Mr. Wright and Mr. Kilgore. He should vote against any amendment from that quarter. Our counties did not ask us for such little things as gentlemen are pleased here to connect with the soldiers' interests. He showed that all amendments to the Senate bill had been hostile. The friends of legalizing these bonds must stand by the Senate bill No. 3. He desired gentlemen to commence voting. He should vote against the amendment to exempt soldiers' property, but he would vote for such a proposition fairly presented in an independent proposition. He had about 200 soldiers up here holding about $50,000 of these bonds. He wanted to reach the pockets of those that had done nothing for the war. His county had issued about $80,000 in these bonds, and they could pay it without bankruptcy. He wanted legalization so that the collections could proceed. He also showed how bounties had been bestowed on those now in the field by individual contributions. This bill did not propose as much to each recruit as had been already given by his county to soldiers' families. He moved to lay all amendments on the table, but withdrew the motion for--
Mr. KILGORE. He had listened with a good deal of interest to the gentleman from Porter. He was amongst the first to oppose this bill; but he had asked only that the bill be printed. When that was denied then as a means not of defeating the bill entirely, we had offered amendments, and it went to a select committee and came back in a worse shape than it was before. What were the features of the bill? Gentlemen come in asking that these bonds, be legalized. Petitions for this object, might have come from the county of Fountain. But, on the other hand, we have memorials that frauds have been committed by the County Commissioners. These Commissioners placed in the hands of an agent, a Mr. Reynolds, a bond for $500, and $250 more for each volunteer that he would procure.
He came over to Indianapolis and hired recruits for $400, and put the extra $300 in his pocket. Gentlemen talk about this being justice to the soldiers in the field. These bonds were issued to save a class of men at home from the draft. On one side was Madison county, issuing $400 bounty, and on the other side the patriotic county of Henry. These bonds were not issued to soldiers, but to agents. But Delaware county, lying between Henry and Madison, had issued no bonds of so large an amount. These Madison county boys came over and obtained our recruits. And now we must put our hands down deep into our pockets and draw out $750 for each recruit, to compete with the richer counties.
Mr. BUSKIRK. Would you cheat your own citizens out of bounty, who have gone over and recruited in Madison?
Mr. KILGORE. They ought to be cheated for going over to serve for that copperhead county. Suppose we had a proposition for a general State tax to pay these bounties, it would raise a howl against it by those counties where they have filled their quotas: and if it would be unequal as to counties, would it not be equally unequal and us just in the cases where the townships have filled their quotas? He would not take the first step in a matter which, if carried out as justice and equity requires, will bankrupt the State. The amendments offered by the gentleman from Jefferson and the gentleman from Wabash and Kosciusko met his approbation. In all cases where men have served without bounty they ought still to have it. He spoke particularly against the bill, because there was no provision in it against the frauds he had referred to. [Ten minutes expires.]
Mr. RICE proposed an amendment, which was read for information, providing that the provisions of this act shall not be construed to apply to bonds issued sines the 20th of December, 1864.
Mr. Brown's amendment was rejected.
The next question was on the adoption of the minority amendment. The first branch being to declare that service in the field shall be accepted as a credit for the tax.
Mr. BROWN moved to amend the amendment by striking out the words "or have been."
Mr. GRIFFITH. It must be apparent to all, that the object of these amendments of the gentlemen from Jefferson and Delaware was to kill the bill. Those who vote for the minority amendment, will vote against the bill. He might vote for the minority amendment, so as not to appear to vote against the soldiers interests. He proposed to do right, and vote for the right wherever he found it. He wanted to vote to legalize not merely the act of the Commissioners, but the act of the people.
Mr. BUSKIRK showed that the ground or opposition had been shifted-first open and then covert and by indirection. He read from the decision of the Supreme Court of Wisconsin, to dissipate the ingenious distinction made by Mr. Whiteside, between the "assessment" and "collection" of taxes.
Mr. WHITESIDE. Why was it that service on the road was accepted as credit for road tax. And why had we a law for the exemption of firemen?
Mr. BUSKIRK supposed that legislation had been passed under much the same pressure that this amendment is proposed to be passed.
Mr. WRIGHT said the soldiers did not, want this bill. They did not want to be taxed for the benefit of those that now go out to serve but one-year. He spoke against striking out the words "or have been." He thought those who have been in the field should be relieved at least from the burden of the tax proposed fill the present draft. The amendment of the minority only proposed to relieve those who have served three years without bounty. The other branch of the amendment provides for those cases where soldiers went out and left their bounties in the hands of the county commissioners unpaid.
Mr. Brown's amendment striking out "or have been," was rejected--yeas 6, nays 67.
The question was now taken, on the first division of the minority amendment. The page: 293[View Page 293] and nays being demanded, ordered and thereon, resulted--yeas 41, nays 33--as follows:
YEAS.--Messrs. Atkinson, Boyd, Branham, Burnes, Emerson, Ferris, Foulke, Goodman, Gregory, of Montgomery, Gregory, of Warren, Griffith, Groves, Hamrick, Henricks, Hershey, Hogate, Hoover, Humphreys, Kilgore, Lane, Lockhart, Meredith, Montgomery, McVey, Olleman, Reese, Rice, Richardson, Riford, Sabin, Sim, Stewart, Stivers, Stringer, Upson, Whiteside, Willis, Woodruff, Woods. Wright and Mr. Speaker--41.
NAYS.--Messrs. Abbett, Beckett, Bird, Bonner, Brown, Buskirk, Chambers, Church, Coffroth, Cox, Croan, Glazebrook, Gregg, Hargrove, Harrison, Hunt, Lemon, Lopp, Miller, of Clinton, Newcomb, O'Brien, Osborn, Patterson, Perigo, Kichards, Roach, Shoaff, of Allen, Shoaff, of Jay, Shuey, Spencer, Thacher, Trusler, White---33.
So the first section of the minority amendment was agreed to.
The question recurred on the second section of the minority amendment.
Mr. NEWCOMB spoke against this amendment, as a device of the enemies of the bill. No man could estimate what the sum authorized by this amendment would amount to.
Mr. WRIGHT. It applies to no soldiers that have volunteered when there was no bounty offered by County Commissioners.
Mr. SHUEY. If that amendment is adopted it will compel eight or nine of its friends to vote against the bill.
Mr. BUSKIRK said the amendment just applied having destroyed the constitutionality of the bill, he was now with its enemies. He proposed to amend the amendment by adding these words: "Provided that all counties that have not offered bounties be required to give bounties."
Mr. HERSHEY moved to lay the amendment to the amendment on the table.
The motion was agreed to--yeas 64, nays 10.
Mr. BROWN proposed to amend the amendment by adding: ''That all persons who have contributed money for obtaining volunteers, shall have the amount so contributed refunded to them out of the treasury of the county in which they reside.
The SPEAKER now caused to be read a telegraphic dispatch to Governor Morton to the effect that the War Department had received an official report from General Gilmore, announcing the surrender of Charleston to the forces under his command, at 9 o'clock Saturday morning-200 guns captured. The enemy burnt cotton, commissary stores and two ironclads in the ship yards. [Cheers.]
On motion of Mr. BROWN--at 5:20--the House adjourned till to-morrow morning 9 o'clock.
