HOUSE OF REPRESENTATIVES.
FRIDAY, November 17, 1865.The House met at 9 o'clock, A M.
The SPEAKER directed tbe Clerk to read the Journal of yesterday. Pending which -
On motion by Mr. HOOVER, the further reading of the Journal was dispensed with.
PETITIONS AND MEMORIALS.
Messrs. WRIGHT and ABBETT presented memorials for claims, which were received without reading, and referred to the Committee on Claims.
Messrs. COFFROTH, COLLINS, and BUSKIRK presented memorials from the Board of Commissioners from the counties they represent, asking for the repeal of the soldiers' relief law of last session; which were received without reading, and referred to the Committee on Ways and Means.
THE PUBLIC DEBT
Mr. MILLER, from the Committee on Ways and Means, to whom was refferred that portion of the Governor's message relating to the public debt, reported the following:
Resolved, By the House of Representatives, (the Senate concurring,) That that portion of the Governor's message which relates to the public debt be refferred to a joint committee of both Houses, to consist of the Committee on Ways and Means on the part of the House of Representatives, with four members added thereto, and the Committee on Finance on the part of the Senate, to which two members shall be added; and that said committee shall have power to send for persons and papers.
The report was concurred in, and the resolution adopted.
STATIONERY.
Mr. LOCKHART from the Select Committee on employees, to which was referred the resolution of yesterday, to authorize the Clerk to furnish the reporters for the Journal, the Herald and the Telegraph, with stationery, reported the same back to the House, with a recommendation for its adoption.
The report was concurred in and the resolution adopted.
RULES OF THE HOUSE OF REPRESENTATIVES
Mr. HIGGINS, from the Select Committee to revise the rules of the House and joint rules, reported a recommendation for the adoption of the rules and joint rules of this branch of the General Assembly at the last session with three amendments; also an order that the said rules, when so amended, be printed together with the Constiution of the State of Indiana - two hundred copies for the use of the House.
Mr. H. explained that the first amendment is to the fifty-fourth rule - striking out "twelve o'clock," and inserting "eleven o'clock" in lieu
The second amendment is to the fifty-fifth rule, prescribing that revenue ard appropriation bills, and bills with reference to the adjustment of the State debt, shall have prescedence in the calender, as matters of privilege.
The last amendment prescribes that bills on the third reading may be committed, with instructions, by a two-thirds vote.
The report was concurred in, the rules and amendments adopted, and the printing ordered accordingly.
CONSTITUTION OF THE UNITED STATES.
Mr. HENRRICKS submitted the following:
Resolved, by the House of Representatives of Indiana (the Senate concuring therein,) that the Constitution of the United States ought to be so amended as to cause the Representation in Congress to be apportioned among the several States according to the number of male inhabitants over the age of twenty-one years who are by the Constitution and law of said States respetively entitled to vote at general elections in such States.
Resolved, That our senators in Congress be instructed and our Representatives requested, to use their influence to procure the as age of such an amendment to the Constutation of the United States as is indicated in the foregoing resolution to be proposed to the several States for ratification.
Mr. COFFROTH showed that under the rules to which he referred yesterday, the resolution would go to the Committee on Federal Relations, without debate.
Mr. HENRICKS That committee has that part of the Message which relates to the same page: 59[View Page 59]subject, already in hand. He offered no objection to its taking that course.
It was so referred.
NEW PROPOSITIONS - ANNUAL SESSIONS.
Mr. GRIFFITH introduced a joint resolution [H. R No. 17] to amend section 9 of article 4 of the constution of the State of Indiana, so as to provide for annual sessions of the General Assembly.
On his motion, it was passed to the second reading.
MARRIED WOMEN.
Mr. McVEY introduced a bill [H. R. No. 216] for an act to amend the fifth section of the act touching the marriage relation, and the liabilities incident thereto, approved May 31, 1852; and empowering any married woman of sound mind whose husband may be insane, to release, bargain andnd sell her real estate without joining with her husband.
On motion of Mr. McV., it was referred to the Committee on the Judiciary.
NEGROES BEFORE THE LAW.
Mr. KILGORE submitted the following:
Resolved, that the Committee on Rights and Privileges be, and they are hereby instructed to report a bilI making all colored citizens of the United States competent witnesses in all actions civil and criminal, and securing to them, to the fullest extent, all the rights pertaining to other citizens of the United States, in our courts.
Mr. BUSKIRK moved to amend so as to make it a resolution instructing the committee to inquire into the expediency of reporting such a bill.
Mr. MEREDITH said there was already a bill of that character pending in the House.
Mr. KILGORE accepted the amendment.
Mr COLLINS objected to the resolution in this, that it assumes that negroes are citizens. As he understood it they are not citizens.
The resolution was adopted.
RIGHT OF SUFFERAGE.
Mr. CHAMBERS submitted the following:
Resolved by the House of Representatives (the Senate concurring), that our Senators in Congress be instructed and our representatives requested to use their influence in procuring such an amendment to the Constitution of the United States as to require that the right of suffrage shall be uniform throughout the United States, and that the power to regulate the same shall vest in the Congress, and not in the States.
Mr. Brown submitted that the resolution go to the Committee on Federal Relations.
It was so ordered.
Mr. COX introduced a bill [H. R. 217] for An Act to compel all railroad companies to transport all freight, of whatever nature, perishable or imperishable, declaring that one class of freight shall not have precedence over another class.On his motion, it was referred to the Committee on Railroads.
STATUTES AND JOURNALS,
Mr. PRATHERS submitted the following:
Resolved that the State Librarian be instructed to lay upon the table of each member of this House, recieved since the last session thereof, a copy of the Revised statutes by Gavin and Hord. Also, a copy of the Journals of the last session, for which they shall not account.
Mr. NEWCOMB moved to strike out the Statute. We purchased 150 copies last session, and we have not a copy now.
Mr. PRATHER desired to place all the members on an equal footing.
Mr. CHURCH had always regarded this as an indirect way of increasing the pay of members. At the last session we were here at a compensation of $3 a day, and there was reason for indirection about pay - now we have better pay, no such plea can be made.
Mr. LITSON. As a new member he was opposed to the resolution. New members are here fresh from the people, and understand their business. (Laughter)
On motion by Mr. BROWN, the resolution and amendment were laid on the table - affirmative 49, negative 26.
CONSTABLES AND JUSTICES.
Mr. HIGGINS Submitted the following:
Resolved, That the committee on fees and salaries be instructed to inquire into the expediency of providing by law, for the compensation of Constables and Justices of the Peace, for services in criminal cases.
The resolution was adopted.
LIQUOR BILL.
Mr. SHUEY introduced a bill [H. R 218] for an act to amend sections 3 and 4 of the act to regulate and license the sale of spirituous liquors, &c., approved March 5th, 1859, and prescribing penalty in case of a second or subsequent eviction.
On motion by Mr S it was referred to the Committee on Temperance.
Mr. BROWN desired to offer an amendment. He was a little surprised that his friend should introduce a bill that discriminates between the inhabitants of this State. It says that every white male inhabitant may sell, &c. He moved to amend by striking the word "white."
Mr, CHAMBERS proposed to amend by striking out wherever they occur these words, "of good moral character.'' He understood that a man of good moral character can not possibly engage in such business.
Mr. MILLER was heartily glad of the reformation which seems to have taken place in his friend from Jackson.
The SPEAKER. The Chair would suggest that debate is out of order.
PUBLIC DEBT,
The SPEAKER announced the special order, to-wit : the consideration of Mr Branham's bill [H. R. 186] declaring that the laws now in force are sufficient to authorize the payment of the semi-annual interest on the State Debt, &c. The question being, shall the bill pass -
Mr. BUSKIRK was not before aware that the Legislature of Indiana possessed Judicial powers. The bill proposes to reveres the decision of the Supreme Court. The only safety of persons and property is in submission to our Judicial tribunals. The Court has decided that the officers of State may not pay the interest without special legal appropriation. Right or wrong that is the decision. We ought to keep the powers of the Goveroment distinct and separate. It would be a very dangerous precedent for the Legislature to infringe upon the province of the judiciary.
Mr. NEWCOMB. If the entire object of the bill we w the gentleman supposes, he also page: 60[View Page 60] would be opposed to it. He also would keep the departments of the Government separate and distinct from each other. But the Supreme Court had aggressed in this regard more than the Legislature. The bill requires the Treasurer of State to deposit the interest on the public debt fifteen days before it becomes due, and proposes to punish the State Agent if he refuses to pay it. When the people replenish the Treasury with money for the purpose, he was disposed to insist that this interest be paid.
Mr. BUSKIRK proposed to recommit the bill with instructions to "strike out all that part of the bill which refers to the power to pay the interest without specific appropriation."
Mr. BRANHAM only wished to say that in preparing this bill, he had no reference whatever to the decision of the Supreme Court - he knew nothing about it. The bill simply declares that the law now in force is sufficient, and that no specific appropriation is necessary. The best legal talent in the State, he believed, entertain this opinion of the law now. But that there might be no mistake about it, he introduced this bill. The object of the bill was to settle and secure this interest; that notwithstanding the accident of the failure of an appropriation, the money shall shall be paid. He left Constitutional questions to others, but to give his opinion, he would say the bill does not controvene the Constitution. If the reference were made with these instructions, it would virtually kill the bill.
Mr. Buskirk's amendment was laid on the table, by yeas 65, nays 35.
Mr. LASSELLE should vote against the bill because of is specific contravention of the constitutional provision. The bill too much expresses the power of an existing law, without distincly stating what the law is.
Mr. COFFROTH objected to the bill, because of its conflict with the Supreme Court. It was arrogating a power which does not become us. He submitted whether such a bill as this could pass the Senate. Some such a law was needed, and was it not better to prepare some bill thai might not be so palpably objectionable? He reasoned to show that the bill could hardly be regarded as a declaratory law. Better get the bill in just and acceptable shape. There would be just as much propriety in declaring against the decisions of the Supreme Court by resolution.
Mr. COWGILL had never concurred in this decision of the Supreme Court; but because he deprecated conflict with the Supreme Court be had voted against laying the amendment on the table. He thought the bill might be made less objectionable.
Mr. GREGORY of Warren demanded the previous question, and there was a second, and the main question was ordered - affirmative 48 negative 41.
The yeas and nays on the passage of the bill resulted - yeas 56, nays 35 - as follows:
YEAS - Messrs Atkinson, Bonner, Boyd, Branham, Burner, Caldwell, Chambers, Church, Cowgill, Cox, Crook Davidson, Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Hamrick, Henricks, Hershey, Higgins, Hogate, Hoover, James, Kilgore, Line, Litson, Lockhart, Major, Miller, Montgomery, McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford, Sabin, Shuey, Sim, Stuart, Stivers, Stringer, Sullivan of Posey and Vanderburg, Upson, Welch, Woodruff, Wright, Woods, Zeigler and Mr. Speaker - 65.
NAYS - Messrs. Abbett, Bird, Brown, Burton, Burwell, Buskirk, Coffroth, Collins, Croan, Glazebrook, Hargrove, Harrison, Howard, Humphreys, Hunt, Lassalle, Lee, Lemon, Lopp, O'Brien, Osborn, Patterson, Perigo, Pinney, Richards, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach, Weikel and White - 36.
So the bill passed the House.
SOLDIERS' AND SEAMANS' HOME ASSOCIATION.
The SPEAKER laid before the Honse a memorial by the Officers and Directors of the Indiana Soldiers' and Seamans' Home association, setting forth a summary of the condition of the Association, and asking for favorable legislation.
On motion by Mr. HENRICKS, it was refferred to the select committee to be appointed on that part of the Governor's Message which relates to this and similar matters, and the number of that committee was charged from 5 to 11, one from each Congressional District and 300 copies of the memorial were ordered to be printed.
MILEAGE.
Mr. WOODS, from the Committee on Milage, snbmitte a report setting forth the amount of mileage due to each member of the House of Representatives under the compensation established by the act of last session $5 for every 20 miles. It conforms to distances accepted last session.
Mr. GLAZEBROOK was credited with ten miles too much.
Mr. McVEY dissented from the report, in this: that the distance by the usually traveled route ought to be straightened, shortened a little.
Mr. WOODS. The committee had endeavored to do what is strictly right and just.
Mr. HENRICKS moved that the report be recommended.
Mr. BROWN considered it would save time to correct mistakes and concur now in the report.
Mr. BUSKIRK proposed to amend by adding 16 miles to the route of Mr. Roach, 32 miles to Mr. Sim's route, and deducting ten miles from the route of Mr. Glazebrook.
By unanimous consent, the allowances were again read through by the Clerk, and sundry corrections were submitted informally, pending the reading, and adopted.
So the report was concurred in.
THE SPEAKER'S CLERK.
Mr. HENRICKS submitted the following:
Resolved, That the Speaker of the House of Representatives be authorized to appoint a clerk for himself, to date from he first of the session.
Mr. GRIFFITH proposed to amend by adding this: "And that the Speaker be authorized to appoint an additional clerk, if in his judgment necessary, to assist in the business of the Folding Room."
THE SPEAKER It is the opinion of the Chair that the amendment is not germain to the original proposition.
The resolution was then adopted, and the House took a recess till 2 o'clock P. M.
page: 61[View Page 61]AFTERNOON SESSION.
On motion by Mr. WOODS, (by consent) his joint resolutions No. 3 and No. 4 were taken from the table and placed again on the calendar.
The SPEAKER announced the order of consideration of bills of the House on the third reading.
Mr. GLEASON desired to call up Mr. Meredith's high school bill No. 82.
The SPEAKER. The Clerk informs the Chair that it has been withdrawn from the files.
MUTUAL INSURANCE.
Mr. Newcomb's bill [H. R. 117] to amend sections 32, 42, 45 and 54 of the act for the incorporation of Insurance Companies, approved June 17, 1852, coming up on the second reading -
Mr N. explained the changes. It proposes amending the law of insurance with regard to Mutual Insurance Companies, so as to make them more effective than under the present system - permitting our capitalists to do business outside of the State.
On motion of Mr. WOODS, it was ordered to lie on the table and be printed.
DEFECTIVE ACKNOWLEDGEMENTS.
Mr. McVey's bill [H. R. 121] to cure defective acknowledgements of deeds, coming up on the third reading -
Mr. NEWCOMB explained the provisions of the bill, and the necessity for it. It was to bring the old deeds of defective acknowledgement into harmony with the new.
The bill was passed the final reading in the House of Representatives - yeas, 83; nays, 5.
RAILROAD FORFEITURE.
Mr. Olleman's bill (H. R. 123) to declare forfeited the right of way of certain Railroad Companies to branch roads, no part of which have been completed, and upon which nowork has been done for ten years, coming up on the third reading -
Mr. GRIFFITH could hardly vote for the bill, on account of the interests in his section of the State in the Indiana and Grand Rapids Railroad, running into the State of Michigan, and soon to be constructed.
Mr. PRATHER understood that the provisions of the bill apply only to branch roads.
Mr. BUSKIRK had two reasons against the passage of the bill. It involved a judicial, not a legislative question, whether the Gosport and Indianapolis branch had forfeited. Again, he understood that there were pending negotiations to transfer this privilege of the New Albany Road to a new Company, that proposes to make a road from Indianapolis to Vincennes, by which the right of way and all the work done on the branch, from Gosport to Mooresville, will become of great value to the Company.
Mr. OLLEMAN was willing for delay; would not do anything to prejudice vested rights, but he defended the principles of the bill. He moved that it lie on the table for the present.It was so ordered.
Mr. McVey's bill (H. R. 135) to amend sec. 651 of the General Practice Act,coming up on the third reading.
On motion of Mr. NEWCOMB (by consent) it was amended so as to substitute "Indianapolis Daily Herald" for "Indiana State Sentinel" in the final clause.
Mr. LASSELLE saw objection to the bill in this: that in the absence of any contract between the parties to that effect, property may be sold without appraisement.
Mr. NEWCOMB said it was of importance to Architects, Carpenters and Builders. Under a machanies' lein the property may be sold without appraisement. This was not a new principle in legislation. There were other cases in which property was sold without appraisement. Such as in the case of defaulting public officers, persons defaulting who have been acting in a fiduciary capacity, etc.
Mr. BOYD doubted whether its provision would work well.
Mr. GREGORY, of Warren and Mr. McVEY: urged considerations in favor of the bill.
Mr. KILGORE could see no reason for making distinctions in favor of Mechanics, to the neglect of Laborers and Farmers.
Mr. CHURCH showed amongst other things, that the debtor could redeem his property, so sold, within one year.
Mr. MILLER saw the benefit of attorneys in this bill more than the benefit of mechanics.
Mr. NEWCOMB did not think there was an attorney in this city that cared one straw about this bill. Was it possible that the Legislature of Indiana, which had never failed on occasion, to legislate for the benefit of bankers, money lenders and money men, will refuse to protect the poor mechanics?
Mr. BUSKIRK. Was there to be a distribution of the proceeds of sale under this bill?
Mr. NEWCOMB. There was nothing about that. It does not interfere with the existing law. It places unwritten contracts on the same footing with written contracts.
Mr. GRIFFITH. Might not the mechanic sue without a lien?
Mr. NEWCOMB. Certainly; and the lien gives no more advantage than a mortgagee has.
The bill was passed the final reading - yeas, 74; nays 13.
LEWDNESS.
Mr. Miller, of Clinton's, notorious lewdness bill [No. 148] coming up on the third reading -
On motion of Mr. HARRISON, it was indefinitely postponed, a bill having passed yesterday embracing the same matter.
COUNTY TREASURERS.
Mr. White's bill [H. R. 138] to amend the Treasury system act of March 5, 1861, coming up on the third reading -
Mr. HUNT explained, that the object of the bill was to drop the requisition upon the County Treasurers for monthly returns to the State Treasurer.
On motion of Mr. HENRICKS, the words page: 62[View Page 62] "Indiana State Sentinel" in the last clause were substituted by " The Indianapolis Daily Herald."
The bill was then passed the final reading in the House of Representatives - yeas 53; nays 29
On motion of Mr. CHURCH, the foregoing vote was reconsidered.
Mr. CHURCH stated, that there was a difficulty attendant upon relieving the County Treasurers from making these monthly reports. The State Treasurer might be without valuable information at the critical time.
Mr. HUNT was not tenacious for the bill, but stated some of the disadvantages in his experience about making their monthly reports. The Treasurer of State could still make his requisitions for money.
Mr. NEWCOMB. We ought not to break down so valuable a law for the sake of relieving the County Treasurer from a little labor.
Mr. GRIFFITH. Are not the County Treasurers compelled to make semi-annual reports beside the monthly reports for part of the year?
Mr. NEWCOMB. Certainly.
The bill was then rejected - yeas 30; nays 51.
DRAINAGE.
Mr. Coffroth's drainage bill, No. 81, coming up on the third reading, -
On motion by Mr. CQLLINS, the bill was laid on the table.
JUDGES.
Mr. Dunham's bill, No. 141, to give judges additional powers in civil and criminal cases during vacation, [to issue restraining orders and to issue orders to take depositions.]
Mr. NEWCOMB stated that the bill was recommended by the Judiciary Committee.
Mr. MILLER objected to the latitude which the bill gives to the opposite attorney to follow the Court out of the county round the Circuit aad make motions affecting his case at home.
The bill was rejected - yeas 25, nays 55.
TEMPORARY WITHDRAWAL OF GOV. MORTON.
The following was now received from the Governor and read by the hand of Chas. P. Jacobs, his Private Secretary:
Gentlemen of the House of Representatives:
I regret to have to announce to you that ill-health compels me for a time to withdraw from the discharge of official duties. I am advised by my physicians, and by my own knowledge of the condition of my health, that I cannot safely continue in the performance of the labor incident to the Executive office, and that rest, a change of climate and locality, is necessary to my recovery. The duties of the office during my absence will devolve upon Lieut. Governor Baker, and I need not say to you that they cannot be placed in safer hands. I have known him long and well, and can testify that in every department of life in which he has been placed, he has acquitted himself with distinguished ability, fidelity and devotion to the cause of his country.
I hope and believe that your session will prove alike honorable to yourselves and profitable to the State. It has begun under favorable auspices and gives promises of being one of the most laborious and useful General Assemblies which has convened in this State for many years. For the kindness and consideration you have shown to me on all occasions, I return you my grateful thanks. And for your health and prosperity, each and all, accept my most earnest wishes.
O. P. MORTON, Gov. of Indiana.
Executive Department, Indianapolis, November 17, 1865
Mr. BUSKIRK (by unanimous consent,) submitted the following:
Resolved, That we have learned, with unfeigned regret, that His Excellency, Governor O. P. Morton, has been compelled by severe indisposition to withdraw for a time from the arduous duties of the Executive of of our State, and to seek a restoration of health in a temporary absence.
Resolved, That we deeply sympathize with him in his affliction, and confidently trust that he may be speedily restored to his accustomed health, and that, at an early day, he may resume again his official connection with us as Chief Magistrate of our State.
Resolved, That the concurrence of the Senate is hereby requested.
Resolved, That a certified copy of the above resolutions be delivered to His Excellency before his departure from the State.
Mr. BUSKIRK desired simply to say, that, on an occasion of this kind it was due and becoming that whatever of the bitterness of party feeling may have existed between us and Governor Morton, it should all be repressed and forgotten, whilst we now sympathize with him in his affliction; and he trusted these resolutions would be adopted without a dissenting voice.
Mr. NEWCOMB The House having heard of the indisposition of the Governor, which induces his temporary withdrawal from the Executive office, we should all part with him, though it may be but for a brief time, with sadness; for his presence here has constantly reflected honor upon the Scale; and whatever differences of opinion may have obtained with reference to the policy of his acts, all will concede to him the purpose and design to bring about in them the greatest good to the people of the State, and that which redounds to her honor. He felt assured that, not only amongst our constituents and fellow citizens who have trod the paths of peace, but amongst those who have maintained the dignity and honor of the nation on the fields of blood, this intelligence will come with equal sadness. He was glad that a political opponent of the Governor had introduced these resolutions. He rejoiced that the Governor, in leaving us, will leave with the respect of those who thought they had good ground to find fault with some of his official acts; and, with the gentleman from Monroe, he trusted that there would be no dissenting vote on the passage of the resolutions.
Mr. LASSELLE. On occasions of this kind political differences ought never to intervene. Governor Morton is the Executive of the State. He has, so far as this body is concerned, treated us with uniform courtesy and kindness. And it is nothing but simple duty to sympathize with him, more especially when he needs it. I sincerely sympathize with the Governor, and hope, as this resolution expresses it, that he may soon returan to us with health restored. The resolution is couched in proper terms and nothing but what is page: 63[View Page 63] due to the Governor at this time. I shall sincerely support it.
Mr. WRIGHT. As one who knows something of the feeling of respect that is cherished for Gov. Morton amongst those who have been his supporters in the army for four years and more, not only in the State of Indiana, but in the State of Illinois, and in every State, I can testify that he has their highest regards, and that he has the respect and love not only of the wounded and disabled, but of those who have been so fortunate as to return in safety to their homes; and that their profoundest wishes for his welfare will follow him. He, too, was glad to see the Governor's political friends and opposers concurring herein regrets that he is to give up the Executive Chair for a time. He hoped the resolutions would pass unanimously - for he could see in their passage a feeling that did not attach to ordinary acts of this body.
The resolutions were adopted unanimously.
ADJOURNMENT.
Mr. HENRICKS submitted an order, which was amended and adopted, to adjourn the morning session of to morrow (Saturday) till Monday, 2 o'clock P. M.
SPECIAL COMMITTEES.
The SPEAKER announced the following Special Committees:
On Soldiers' Home - Messrs. Newcomb, Wright, Howard, Richards, Stuart, Collins, Hamrick, Roach, Henricks, Shuey and Coffroth.
Committee on the part of the House, under the resolution of to-day, in addition to the Committee on Ways and Means, Messrs. Cowgill, Coffroth, Henricks and Shoaff, of Jay.
ABSENCE.
Messrs. Johnson and Trusler obtained leave of absence till next week.
BACK PAY AND BOUNTIES.
The SPEAKER (Mr. Higgins in the chair) announced the following Special Committee on the House Bill No. 156: Messrs. Pettit, Church, Shoaff, of Jay, Humphreys and Gregory, of Montgomery.
Mr. BURTON, from the Committee on Engrossments, reported sundry bills correctly engrossed.
The House then adjourned.
