IN SENATE.
FRIDAY, January 13, 1865.The Senate met at 2 o'clock, P. M.
The reading of the journal of yesterday's proceedings was commenced, when-
On motion by Mr. GIFFORD the farther reading thereof was dispensed with.
COMMON PLEAS COURT.
Mr. MOORE presented a petition from certain officers of Owen county, praying for the passage of a law abolishing the Common Pleas, and increasing the number of Circuit Courts, which was referred to the Committee on the Organization of Courts.
LEGALIZING TRANSCRIPTS.
Mr. COBB, from the Judiciary Committee, reported back his bill, |S. 4,] providing for the authentication of transcripts from the records of Recorder's offices. &c., recommending its passage.
The report was concurred in, and the bill read the second time.
COURTS OF CONCILIATION.
Mr. HORD, from the same Committee returned his bill. [S. 11.] repealing section ten of the act establishing courts of conciliation, &c., approved June 11, 1852, recommending its passage.
The report was concurred in and the bill read the second time.
STATE TREASURY-DISBURSEMENTS.
Mr. BEESON offered the following, which was adopted by consent:
Resolved, That the Treasurer of State be required to furnish the Senate with a statement of the amount of money paid out of the treasury, to whom paid, and for what purpose, since the adjournment of the Legislature.
CLERKS FOR COMMITTEES.
Mr. VAN BUSKIRK offered the following, which was adopted by consent:
Resolved, That the following standing committees each be authorized to employ a clerk, viz: Committee on Finance, Committee on the Judiciary, Committee on Elections, Committee on Education, and Military Committee.
NEW PROPOSITIONS.
The following joint resolution and bills were introduced, read the first time, and severally passed to the second reading.
By Mr. BONHAM, a joint resolution [S. 8] instructing our Senators and requesting our Representatives in Congress to use their influence in favor of a law increasing the fees of non-commissioned officers and privates in the army of the United States.
By Mr. BEESON, [S. 41,] authorizing the sale of certain real estate, being lots 4, 5 and 6 on the north-west corner of Illinois and Market streets in the city of Indianapolis.
By Mr. MOORE, [S. 42,] changing the times of holding Common Pleas Courts in Putnam and Clay counties.
By Mr. HORD, [S. 43,] authorizing an injunction against tenants who shall unlawfully hold over.
By Mr. NILES, [S. 44] declaring joint contracts and obligations to be joint and several in their nature so far as relates to the remedies to enforce the same.
By Mr. BONHAM, [S. 45.] amending section 37 of the misdemeanor act.
By Mr. FULLER, [S. 46,] authorizing the Secretary of State to have printed in pamphlet form the law of decedent's estates.
page: 54[View Page 54]By Mr. HORD, [S. 47.] authorizing proceedings to compensate parties whose property may be destroyed in consequence of mobs or riots.
By Mr. HORD, [S. 48,] declaratory of the law concerning contempts of court.
PAY OF MEMBERS OF THE LEGISLATURE.
Mr. Bonaam's bill, [S. 20,] increasing the pay of members and officers of the General Assembly was read a second time by title only.
Mr. VAWTER moved to amend as follows:
Strike out "Assistant Secretary" in the Senate; also "Assistant Clerk" in the House. Also so as to provide for the payment of two thousand dollars to the Principal Secretary of the Senate for all clerical services of the Senate for regular session, and fifteen hundred dollars for extra session of the Senate, not to include clerical work for the committees. Also to provide for the payment of the sum of twenty-five Hundred dollars to the Clerk of the House for the same service at regular sessions, and two thousand dollars for the same service at extra-sessions. And the sum of eighteen hundred dollars for Doorkeepers for regular sessions of the House and Senate, and fifteen hundred dollars for extra sessions.
Mr. VAWTER said he offered the amendment knowing that it would save the State from $2,000 to $5,000 per session. The manner in which clerks are now appointed makes it an object for the officers to increase the number of appointees, instead of decreasing them. The more the appointees, the more number of members can be pleased, and the stronger, becomes the appointing power. This amendment provides for but one Clerk or Secretary, and one Door-keeper for each House. It provides for the payment to each, officer of about one-third the amount which it now costs the State, and still pays them a fair and liberal salary.
On motion by Mr. CASON, the bill and pending amendment, was referred to the Committee on Finance.
WORK FOR COMMITTEES.
On motion by Mr. BEESON, the following described Senate bills were read by title only and referred to appropriate committees:
Mr. Williams's [19] authorizing, county and town boards to make appropriations for the benefit of soldiers, and [37] congressional apportionment.
Mr. Vawter's [21] amending the charter of Vernon. Mr. Oyler's [22] amending the Justices' and [23] Misdemeanor Acts.
Mr. Mason's [24] extra pay to clerks and sheriffs.
Mr. Bonham's [25] defining what is an assault.
Mr. Hord's [26] concerning real and joint contracts.
Mr. Douglas's [27] stallion and jack, and [39] Whitley Common Pleas.
Mr. Gaff's [36] city apportionment and assessment.
Mr. Corbin's [38] State Asylum officers.
Senate joint resolutions 4 and 5, introduced yesterday afternoon, were read the second time and referred. Mr. Carson's [S. 7] was laid on the table
VOLUNTEERS UNWILLINGLY HELD TO SERVICE.
By unanimous consent Mr. BENNETT said:
Mr. President: The Committee on Military Affairs, to whom were referred several joint resolutions in reference is the enlistment of soldiers, beg leave to report that they have had the subject matters therein contained under consideration, and requested me to report the following memorial on the same, to Congress:
To the Senate and House of Representatives, in Congress assembled:
The General Assembly of the State of Indiana, respectfully beg leave to memorialize your Honorable body upon matters herein set forth, and which your memorialists deem of great importance to many citizens of the State; and to which your immediate attention is earnestly requested:
Prior to the 1st of January, 1863, the ranks of the old regiments, then in the field, had become so greatly decimated by hard service, and frequent engagements with the enemy, that it became necessary, in order to preserve such organization, that a general anxiety was felt, both by the people and the authorities, that they should be speedily filled up with recruits.
This anxiety greatly stimulated enlistments, and the prospect of serving in companies, with experienced comrades, encouraged volunteering.
The men thus recruited in the State of Indiana, had the full understanding that they were enlisted for the unexpired term of the old organization into which they were mustered, and that they would be mustered out of the service at the expiration on the original term of service of such old organizations.
In this understanding, the volunteer, the recruiting officer, the State authorities, and the people, fully participated, and in the absence of any order from the War Department affecting the subject, and for reasons following, this view of the matter was not unreasonable:
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1st. At the time these enlistments were made the impression prevailed generally, in the army and among the people, that the war would end, and the soldiers be discharged even before the expiration of the original term of service of the organisations into which such recruits were mustered.
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2d. The recruiting was carried on for particular regiments, and not for the service generally, there being no general system of recruiting for the army established, thus naturally producing a belief that no service outside of or beyond the term of these regiments would be exacted.
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3d. The advantages of maintaining old organizations, and placing recruits among old experienced associates, under the command of tried officers was apparent to all, and it was equally apparent that no recruits could be induced to enlist in any organization that would terminate prior to the expiration of, the term for which said recruits were to be mustered, thereby separating such recruits from their former comrades and officers, and without their consent attaching them to organizations in which they would ba total strangers.
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4th. Whole regiments had been enlisted and accepted into the service for terms no greater, thus inducing the belief that soldiers were desired without particular reference to the term of service.
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5th. The impending draft of that year was for a term of nine months, which induced the belief that volunteering for a much longer period, as was the case with such recruits, would be a judicious arrangement for the Government.
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6th. At the time these enlistments were made no system of recruiting had been devised, or talked of, and of course there could be no intimation that any regiment would be continued beyond the time of its original enlistment.
With these views, recruiting officers invariably informed such recruits that they were to be discharged at the expiration of the term of service of the old organizations into which they consented to be mustered, and this was agreed to and concurred in by the mustering officers then on duty. Recruiting and mustering officers were strengthened in this view of the case from the general tenor of certain orders of the War Department, providing for and regulating recruiting for old regiments, which orders, when critically considered, were not as explicit as might have been desired, but nevertheless were apparently on the hypothesis that the recruiting was for the old regiments, and not for the general service, and that they would be discharged at the expiration of the terms of such old regiments. One of these orders reads as follows, viz:
WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE,WASHINGTON, April 28,1863.
General Orders No. 108.]
I. Whenever volunteer troops are mustered out of service, the entire regiment or other organization, will
page: 55[View Page 55]be considered as mustered out at one time and place, except prisoners of war, who will be considered as in service until their arrival in a loyal State, with an allowance of time necessary for them to return to their respective places of enrollment.
By order of the Secretary of War.
E. D. TOWNSEND, Assistant Adjutant General.
Nor was this understanding, as your memorialists are advised, confined to the people of the State of Indiana, but that it prevailed extensively in other States. And this general prevalence of such views tended to strengthen the same with the people of Indiana. The following official document was extensively published in the public journals, and greatly tended to increase the probability of the correctness of the views generally entertained by the people:
WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, WASHINGTON September 26, 1862.
His Excellency, Governor Kirkwood, Governor of Iowa:
SIR-In reply to yours of the 21st, stating the number of regiments raised in your State, and also making suggestions in reference to filling old regiments, I am directed to say that recruits for old regiments of volunteers for three years, or during the war, will be discharged at the expiration of the term for which the regiment was originally enlisted.
By order of the Secretary of War.
C. P. BUCKINGHAM, Brig. Gen. and A. A. General.
The foregoing fact , your memorialists believe to be sufficient to establish the fact that recruits enlisted in old organization, at the time referred to, were fully under the impression that they were only to serve for the unexpired term of the organization into which they were mustered, and that their retention in the service after such time works as great hardships upon them, and is greatly calculated to discourage and dishearten them.
Your memorialists are fully aware that the muster rolls which said recruits signed, described an enlistment for three years, or during the war, but at the same time are informed and believe that such averments in said rolls were explained to them as being mere technical forms, and would, in no wise, interfere with the understanding upon which they enlisted, and thus did not disturb the conviction in their minds that they would be discharged with the regiments they were assigned to, but, on the contrary, that the Government would, in good faith to her soldiers, execute fully the agreement made with them by her recruiting officers.
Your memorialist are further informed that this matter had, by His Excellency Governor Morton, been fully laid before the War Department, and its fiction urged in reference to the game; and that said Department has decided that it can take no action in the matter, as, from the form of the muster rolls, these recruits would be held for a term of three years, without reference to the expiration of ithe term of the organizations to which they belong. But at the same time, your memorialists are confidently of the opinion that it is clearly within the power of Congress to grant the proper remedy to these worthy men, and your attention is respectfully out earnestly called to the matteras alike demanded by justice, good faith, and sound policy.
One case, your memorialists desire to call your especial attention to, as somewhat differing from all others:
The company of Captain Charles W. Patton, in the 45th Regiment, (or 3d Cavalry,) of Indiana Volunteers, were emitted entire under the full Understanding above set forth, and in all respects are entitled to the benefits of the foregoing memorial mentioned, as they were recruits mustered into an old organization. But their case presents another merit not enjoyed by any others. So confident were all parties that these recruits were simply to serve for the unexpired term of the old organizations, that the muster rolls of this company show that fact. By reference to such Rolls, on file in the office of the Adjutant General, your Memorialists find that the certificate of the Mustering officer attached to the muster-in rolls of said company, reads as follows:
"I certify, on honor, that I have carefully examined the men whose names are borne on this roll, their horses and equipments, and have accepted them into the service of the United States, for the unexpired term of three years, for the 45th Indiana Cavalry, unless sooner discharged, from this 11th day of December, 1862.
"JOHN B. MILLER, Captain 13th U. S. Infantry,"Mustering Officer."Date: December 11, 1862."Station: Indianapolis, Indiana "
The 45th regiment into which this company was thus mustered, has served the full term of three years, and has been mustered out of the service of the United States, except such recruits to the same as above mentioned, which said recruits, composing the company of the said Captain Patton, are still held and retained in the service, notwithstanding the express understanding referred to, and the official certificate of the mustering officer as above recited.
Wherefore, your memorialists, respectfully submit the foregoing memorial, and confidently expect that your honorable body may speedily adopt such measures as the merits of the case, and justice to the patriotic defenders of our common country requires.
The report was concurred in.
Mr. COBB moved that the memorial be adopted.
The motion was agreed to by consent.
THE THREE PER CENT. FUND.
Mr. Corbin's bill [S. 9] authorizing County Boards to make allowances for labor performed in pursuance of an act providing for the expenditure of the three per cent, fund, coming up in order it was read the third time.
On motion by Mr. WRIGHT it was laid on the table because the author was not in his seat.
THE DEAF AND DUMB.
The PRESIDENT laid before the Senate a communication transmitting the annual report of the Trustees of the Asylum, for the Deaf and Dumb.
The communication and report were referred to the Committee on Benevolent Institutions.
THE GOVERNOR'S MESSAGE.
On motion by Mr. VAWTER the consideration of the Governor's message, in Committee of the Whole, was made the special order for Tuesday next at 2 o'clock P. M.
BANK OF THE STATS.
On motion by Mr. WILLIAMS, 200 copies cf the report of the condition of the Bank of the State and Branches were ordered printed for the use of the Senate.
EXPENDITURES OF THE EXECUTIVE DEPARTMENT.
The PRESIDENT stated that Mr. Bradley declined serving on the joint committee authorized by the Senate concurrent resolution adopted Tuesday afternoon, and appointed Mr. Gaff in his stead.
LEAVES OF ABSENCE
Were granted Messrs. Hanna, Corbin, Bonham, Bowman, Woods, Bradley and Hiatt.
And then, on motion, the Senate adjourned till Monday 2 o'clock P. M.
