THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 21,1839.The House met at ten o'clock a. m.
Mr. PIERCE, of Vigo, obtained present leave of absence for the chairman of the Committee on Elections, and gave notice of their consideration of the contest of Mr. Beatty for the place of Mr. Peale, representative for Laporte and Starke.
The journal of yesterday was then read, corrected and approved.
PETITIONS.
Mr. BEELER presented a memorial from the State Board of Agriculture for aid of the State for publication of their annual report, suggesting specifically ten thousand five hundred copies; also calling attention to the importance of a thorough geological survey.
It was referred to the Committee on Agriculture.
Mr. WELBORN presented a memorial from the citizens of Evansville, petitioning for a prison and reformatory for girls and women.
Mr. MINER presented a petition from citizens of Allen county, in reference to amendments to the game law.
Mr. HUTSON and Mr. STEWART, of Rush, presented petitions with respect to railway abuses.
Mr. BOWEN and Mr. VARDEMAN presented petitions from "the Friends" for education of colored children, which were severally referred.
REPORTS FROM COMMITTEES.
Mr. OSBORN, from the Committee on Judiciary, returned his bill [H. R. 61] for the republication of Black ford's Reports, with amendments, recommending its passage.
The amendments were concurred in.
Also from the same Committee, the bill [H. R. 65] incorporating manufacturing companies, recommending its passage.
Mr. BOBO, from the same committee, returned his Judge's Salary bill [H. R. 9] recommending its passage.
Mr. STEPHENSON, from the same committee, returned the First Judicial Court bill [H. R. 75] recommending its reference to a select committee.
The report was concurred in.
Mr. DUNN, from the same committee, returned the Prize Fighting bill [H. R. 66] with amendments.
He also returned Mr. Dunn's recognizance bill [H. R. 54] with amendments.
Mr. GORDON, from the same committee, returned Mr. Coffroth's civil procedure amendment bill [H. R. 85] recommending its passage.
Also Mr. Stewart, of Rush's, vagrant bill [H. R. 30] recommending its passage.
Mr. STEPHENSON, from the same committee, returned the judgment interest bill [H. R. 15] recommending indefinite postponement a similar bill having passed the House which was concurred in.
Mr. SABIN, from the committee on Claims, returned the claims of Otho Harrison and others, for money expended in releasing Daniel Harrison, of Pike county, from unlawful imprisonment in the State of Mississippi, recommending that an allowance be made to each of the claimants, amounting in all to nine hundred and fourteen dollars and ninety-five cents, reporting a concurrent resolution for such appropriation.
The resolution was adopted.
Mr. CUNNINGHAM, from the Committee on County and Township Business, returned page: 160[View Page 160] Mr. Mason's County Surveyors bill [H. R. 69] with amendments recommending it passage.
The SPEAKER laid before the House, the message from the Governor with reference to Reprieves, commutations and pardons; required by the Constitution; also, in relation to the appointment of persons appointed to examine the drift on the east fork of White River; also the report of Col. Bingham in relation to the National Cemetery at New Albany; also the report of Col. Blake in relation to the Gettysburg National Cemetery; also a communication from Governor Oglesby, of Illinois; also papers from the Michigan City Harbor Company, and from the Michigan City Common Council, in relation to the Michigan City Harbor, recommending action.
They were referred.
BASIS OF APPRAISEMENTS.
On the motion of Mr. BUSKIRK, the orders of the day were suspended, and the House took up the bill, [H. R. 58] reported from the Committee on Ways and Means, fixing a gold basis for the appraisement of real and personal property--on the second reading.
Mr. PIERCE, of Porter, proposed to amend by striking out "gold.," and inserting "greenbacks" in lieu.
Mr. ZENOR moved to lay the amendment on the table, but at the request of Mr. Pierce, of Porter, withdrew the motion to allow a few remarks.
Mr. PIERCE then proceeded to defend his proposed amendment, saying that the business of the country is carried on altogether in currency and upon a greenback basis. Values of all kinds in the commercial circles were regulated upon that basis. He could see only entangling complications, and no good arising from the passage of the bill, turning things topsy-turvey, regulating values of property on a gold basis and authorizing taxes to be paid in currency. He would not proceed to enumerate the many difficulties to be encountered in substituting the gold for a currency basis, but he thought they would be so apparent to every one that the amendment would prevail.
Mr. GORDON said that he was in favor of the amendment, and should that fail, opposed to the bill. In many counties the Assessors have made their appraisement of personal property for the ensuing year under the present law, upon a greenback basis. The effect of the bill before the House, compelling the appraisement on a gold basis would be to have the property of a part of the counties appraised on one basis and a part on another. He would not attempt to recount the many objections that might be urged against the changing of the basis from a greenback to gold, but one of no inconsiderable proportions is the trouble to ensue, from the difficulty that thousands of farmers throughout the State will experience, in making valuations of their property. These are men away from the marts of commerce and speculation, unacquainted with the changing values of currency, and the valuation they make of their property on a gold basis will, in thousands of cases, so differ from that made by others whose educational advantages are superior, that the injustice they have unwittingly done themselves will induce them to seek redress. Applications of this sort lie felt sure would result from the passage of the bill as it stands, and he hoped the amendment would prevail.
On the motion of Mr. ZENOR, the amendment was laid on the table.
Mr. VATER proposed to substitute "currency" for "gold."
Mr. COFFROTH suggested that this was the same proposition that was laid on the table.
The SPEAKER ruled it out of order.
Mr. CORY made an ineffectual motion two-thirds not voting in the affirmative--to suspend the constitutional restriction, that the bill might be read the third time and put upon its passage.
Mr. VATER proposed to amend by striking out the enacting clause.
On the motion of Mr. DITTEMORE, it was laid on the table--Mr. ZENOR demanding the yeas and nays, and the vote resulting--yeas 68, nays 31.
Mr. PIERCE, of Porter, moved to recommit the bill without instructions.
On the motion of Mr. McFADIN, Mr. Pierce's motion was laid on the table--yeas 60, nays 36.
Mr. COFFROTH moved the order for engrossment--demanded the previous question.
Mr. OSBORN proposed ineffectually to recommit the bill with instructions to provide that all deposits, and moneys on hand and in banks shall be upon a cash basis.
The previous question was seconded, and the engrossment was ordered without a division.
The House now took a recess for preparation of receiving the officers and members of the Senate.
IN JOINT CONVENTION.
The SPEAKER resumed the chair at twelve o'clock m.
Mr. McFADIN demanded a call of the House, which proceeded and discovered ninety-nine members present and answering to their names--Mr. Ghormley absent--paired with Mr. Williams, of Union.
Mr. WILLIAMS, of Union, here announced that he had, at the request of Mr. Ghormley, paired off with him to allow him to go home to recruit.
The Senators having been seated in the page: 161[View Page 161] Hall--the President pro tem. of the Senate presiding--and the call of the Senators having discovered a full Senate--
The PRESIDENT pro tem. of the Senate Gentlemen of the Senate and House of Representatives:
You have again met in joint Convention, in compliance with a requisition of the law of Congress, to cast your votes for candidates for United States Senator, to represent the State for four years from and after the fourth day of March next. I suppose it would be unnecessary to read the journal of yesterday; and the vote will have to be taken by the clerks, after the nominations have been made.
Mr. HANNA put in nomination the Hon. T. A. Hendricks.
Mr. HOOPER put in nomination the Hon. James S. Frazier.
Mr. GRAY put in nomination the Hon. Will Cumback. [Slight demonstrations of applause.]
There being no further nominations, the vote proceeded, and was reported as follows:
The journal record of the vote on the call of the Senate roll is as follows:
Those voting for Mr. Cumback were--
Messrs. Andrews, Armstrong;, Bellamy, Case, Caven, Church, Colley, Elliott, Fisher, Gray, Green, Hadley, Hamilton, Hess, Houghton, Jaquess, Johnson of Spencer, Rice, Reynolds, Robinson of Madison, Robinson of Decatur and Wood--22.
Those voting for Mr. Hendricks were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Johston of Montgomery, Lasselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--19.
Those voting for Mr. Frazier were
Messrs. Beardsley, Cravens, Fosdick, Hooper, Hashes, Kinley, Scott, Stein and Wolcott--9.
The Clerk then called the roll of the House with following result:
Those voting for Mr. Cumback were:
Messrs. Barnett, Beeler, Bowen, Breckinridge, Bnskirk, Chittenden, Dunn, Fairchild, Field of Luke, Field of Lagrange, Furnas, Gilham, Gordon, Green, Hall, Hamilton, Higgins, Hutson. Johnson of Parke, Johnson of St. Joseph, Jump, Kercheval, Lamborn, Mason, Millikan, Miller, Osborn, Overmyer, Pierce of Porter, Ratliff, Ruddell, Sabin, Stanton, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Underwood, Vardeman, Vator, Wildman, Williams of Hamilton, Williams of St. Joseph and Wilson--45.
Those voting for Mr. Hendricks were--
Messrs. Addison, Admire, Barrett, Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory,Cotton, Cox, Cunningham, Dittemore,Fuller, Hutchins, Hyatt, Johnston of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Milps, Miner, Mock, Montgomery, Neff, Odell, Palmer, Peale, Shoaff, Shoemaker, Sleeth, Sunman, Tebbs, Welborn, Wile, Williams of Knox, Zenor and Zollars--44.
Those voting for Mr. Frazier were--
Messrs. Baker, Chapman, Davidson, Davis, Higbee, Mitchell, Monroe, Pierce of Vigo, Tabor--9.
Messrs. Ghormley and Williams of Union, paired off.
The total vote cast by both houses is as follows:
| For Cumback......................................................... | 67 |
| For Hendricks ...................................................... | 63 |
| For Frazier......................................................... | 18 |
| Total............................................................... | 148 |
There being still no selection--
The PRESIDENT pro tem. of the Senate directed the fourth ballot, which being taken, was reported with the same result as before, as follows:
| For Cumback......................................................... | 67 |
| For Hendricks....................................................... | 63 |
| For Frazier......................................................... | 18 |
| Whole number of votes cast.......................................... | 148 |
| Necessary to a choice............................................... | 75 |
Representative BUSKIRK moved that the convention adjourn.
Representative WILLIAMS of Knox, proposed to amend the motion by making it a recess till three o'clock p. m.
The amendment was agreed to, and accordingly--
The convention took a recess till three o'clock p. m.
The SPEAKER resumed--
And the House took a recess till half past two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at three o'clock, p.m., and directed that none but members occupy seats within the bar.
Mr. McFADIN demanded a call of the roll, which being ordered and taken, discrvered ninety-nine members present and answering to their names--Mr. Ghormley being absent on leave; but it was announced that he was in the city.
IN JOINT CONVENTION.
Senators being seated on the right--the President pro tem., of the Senate presiding--
The PRESIDENT pro tem. of the Senate directed a call of the Senate roll, which discovered forty-nine Senators present--Mr. Turner being absent.
Senator HOUGHTON explained that Senator Turner was necessarily absent for a short time, and that, for a few votes, he had agreed to pair off with him.
The PRESIDENT directed the Clerk to call first the roll of the Senate, and then of the House of Representatives, for the fifth vote in the joint convention, and the record discovered the following result, which was announced by the presiding officer:
| For Cumback................................................... | 66 |
| For Hendricks................................................. | 62 |
| For Frazier................................................... | 18 |
| Whole number of votes cast.................................... | 146 |
| Necessary to a choice......................................... | 74 |
The result of the call--except the fact that there were two Senators not noting Messrs. Turner and Houghton, who paired off, and the aggregate vote consequently two less--was exactly the same as that of the two calls of the previous joint session, each Senator voting for the candidate for whom he voted on the previous ballots.
There being no election the presiding officer directed the clerks to proceed with the roll for another ballot.
Representative HAMILTON moved an adjournment.
The PRESIDENT pro tem. I know that it is entirely in the power of the body to adjourn, whatever the presiding officer may say or do. My own impression is, that we should take two or three votes, and then the Chair could easily ascertain the temper of the body, and if it should so desire adjourn. The Chair ruled that in a session of this character, where two bodies have met for the performance of a specific duty required by law, the Chair may properly refuse to entertain a motion to adjourn, if, in his opinion, the effort to perform such specific duty has not been of such a nature as to create a conviction that a further effort at that session would be fruitless, and therefore he would direct the clerks to again call the roll of the House.
Mr. HAMILTON. I suppose the Chair does not deny the right of appeal?
The PRESIDENT pro tem. It is not denied; but it might be better, perhaps, to take a vote or two and then let the presiding officer adjourn the body.
Representative PIERCE of Porter, insisted on the appeal from the decision of the Chair.
The PRESIDENT pro tem., without waiving the points of order, entertained the appeal from the decision of the Chair to the judgment of the convention.
The yeas and nays were demanded by several members.
VOICES. "The yeas and nays are out of order."
The PRESIDENT pro tem. I would ray that the call for the yeas and nays is out of order.
Senator GRAY. I have no particular objection to taking another vote now; but, if the joint convention is compelled to sit here at the pleasure of the presiding officer, it is certainly a most extraordinary proceeding.
The PRESIDENT pro tem. I would say that the joint convention has the remedy in its own power. If they choose, they have the power to adjourn and leave the presiding officer alone to his decisions. The Secretary will proceed with the roll.
The record of the vote having been taken by the clerks and presented to the Chair--
The PRESIDENT pro tem. announced the result of the sixth joint vote:
| For Cumback................................................. | 66 |
| For Hughes.................................................. | 58 |
| For Frazier................................................. | 18 |
| For Hendricks............................................... | 4 |
| Whole number of voles cast.................................. | 146 |
| Necessary to a choice....................................... | 74 |
The Senate roll gave the following record:
Those voting for Mr. Cumback were--
Messrs. Andrews, Armstrong, Bellamy, Case, Caven, Church, Colley, Elliott, Fisher, Gray, Green, Hadloy. Hamilton, Hess, Jaquess, Johnson of Spencer, Rice, Reynolds, Robinson of Madison. Robinson of Decatur and Wood--21.
Those who voted for Mr. Hughes were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Johnston of Montgomery, Lasselle, Lee, Morgan, Sherrod, Smith and Taggart--18.
Those who voted for Mr. Frazier were--
Measrs. Beardsley, Cravens, Fosdick, Hooper, Hughes, Kinley, Scott, Stein and Wolcott 9.
Senator LEE, when his name was called, said: he was constrained to vote differently from what he had expected. He came from a a district, and represented here a district, giving a Democratic majority of twelve to fifteen hundred. [General laughter in the hall.] I cast my vote for Hughes.
The roll call of the House of Representatives gave the following record:
Those voting for Mr. Cumback were--
Messrs. Barnett, Beeler, Bowen, Breckinridge, Buskirk, Chittenden, Dunn, Fairchild, Field of Lake, Field of Lagrange, Furnas, Gilham, Gordon, Green, Hall, Hamilton, Higgins, Hutson, Johnson of Parke, Johnston of St. Joseph, Jump, Kercheval, Lamborn, Mason, Millikin, Miller, Osborn, Overmyer, Pierce of Porter, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Wilson and Mr. Speaker45.
Those voting for Mr Hughes were--
Messrs. Addison, Admire, Barrett, Bates, Britton, Calvert, Carnahan, Cave, Coffroth, Cotton, Cox, Dittemore, Fuller, Hutchings, Hyatt, Johnston of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Minder, Mock, Montgomery, Neff, Odell, Palmer, Peele, Shoaff, Shoemaker, Sleeth, Sunman, Welborn, Wile, Williams of Knox, Zenor and Zollars--40.
Those voting for Mr. Frazier were--
Messrs. Baker, Chapman, Davidson, Davis, Higbee, Mitchell, Monroe, Pierce of Vigo and Tabor--9.
Those voting for Mr. Hendricks were--
Messrs. Bobo, Gory, Cunningham and Tebbs--4.
Messrs. Williams of Union, and Ghormley pairing off.
The PRESIDENT pro tem. of the Senate, announcing no election, submitted now to the pleasure of the convention the question: Shall the House proceed to take another vote?
The question being decided in the affirma- page: 163[View Page 163] tive, without a division--the presiding officer directed the clerks to take the seventh vote in joint convention.
The seventh ballot having been taken and the record presented to the Chair--
The PRESIDENT pro tem. announced the result--the same in all respects with the foregoing--as follows:
| Cumback................................................... | 64 |
| Hughes.................................................... | 58 |
| Frazier................................................... | 18 |
| Hendricks................................................. | 4 |
| Whole number of votes cast............................... | 146 |
| Necessary to a choice.................................... | 74 |
The PRESIDENT pro tem. No choice having been made, I now pronounce this joint convention dissolved. Senators will repair to their own chamber.
The SPEAKER having resumed the Chair
Mr. PIERCE of Porter, submited following:
RESOLVED, That the additional force of employees asked for in the letter of the Doorkeeper, be allow by this House.
Before the question was taken, the House adjourned.
