HOUSE OF REPRESENTATIVES
FRIDAY, January, 17 1873REPORTS FROM COMMITTEES.
Mr. Walker, from the Committee on the Judiciary, returned to the House Mr. Givan's bill [H. R. 253] to am end sec. 26 of the act of May 29, 1852, prescribing the powers and duties of Justices of the Peace, recommending that it be laid on the table, as the law as it stands is the same as the bill proposes. The report was concurred in.
He also returned Mr. Johnson's bill [H. R. 247] in relation to the qualifications of jurors in certain criminal cases, recommending that it be indefinietly postponed. The report was concurred in.
NOTRE DAME UNIVERSITY.
Mr. Buskirk, from the Committee on the Judiciary, returned Mr. Butterworth's bill [H. R. 143] to amend section 1 of the act of 1844, to incorporate the University of Notre Dame du Lac, with a recommendation that the biil pass; but qualifying so far as to recommend that the proposed increase of the powers of the institution so as to enable it to hold real estate to the value of $300,000 be considered as blank to be filled by a vote of the House. He said the committee were not prepared to report as to the amount of real estate which the corporation should hold, but preferred to defer that to the action of the House, under the suggestions of the framer of the bill or some one else.
The bill having been read by the Clerk -
Mr. Butterworth. I move to retain the amount in real estate, or to put into the blank $300,000. The reason of this increase is that real estate has become very valuable there. It is near the city of South Bend, and one of the largest of the Catholic institutions of learning in the United States. It has also amongst its colleges a Manual Labor School, and there is a large number of students. Their present charter allows them but $30,000 in real estate. But such has been the advance around there in the value of this species of property that their original possessions in real estate have become worth about $300,000 - of which they can hold but $30,000 under their present charter.
Debate followed, in which Messrs. Henderson, Givan, Buskirk, Shirley, Butterworth, Woollen, Wilson of Ripley, Thayer, Ogden, Cobb and Miller took part. Mr. Wilson of Ripley, proposed to recommit the bill to the Committee on the Judiciary, with instructions to amend it as to allow the institution to hold and purchase property to the extent of their chartered powers.
Mr. Butterworth moved, ineffectually, to lay the morion on the table.
Mr. Cobb proposed to add to the instructions to this effect: That they may hold the real estate they now have to the extent of $300,000.
The motions for instructions were agreed to, and so the bill was recommitted.
Mr. Buskirk, from the Judiciary Committee, returned Mr. Henderson's bill [H. R. 195] with similar provisions, recommending its indefinite postponement.
The Speaker said: From the reason given in the proper report would be to lay the bill on the table, and the report being so corrected, it was concurred in.
Mr. Ogden, from the Judiciary Committee, returned Mr. Isenhowr's bill [H.R. 272] limiting the punishment of crime in certain cases, recomm- page: 50[View Page 50] mending that it be laid on the table. He also returned Mr. Thompson of Elkhart's bill [H. R. 298] to limit the time when action may be commenced for the recovery of lands sold for taxes; and Mr. Woollen returned Mr. Woodward's bill [H. R. 325] declaring what offices shall be declared lucrative, recommending its indefinite postponement. These reports were severally concurred in.
Mr. Johnson, from the Committee on the Judiciary, returned his bill [H. R. 245.] to provide for the paroling of prisoners who may be confined in the county jails, for the non-payment of lines which may have been adjudged against them for offenses against the penal laws of the State; and his bill [H. R. 246.] concerning the granting of pardons by the Governor, recommending the passage of both. The reports were concurred in.
Mr. Glazebrook, from the Committee on Education, returned Mr. Woollen's bill [H. R. 10.] providing for the issue of bonds of civil townships, for the purpose of paying any debt, or purchasing any grounds, or for building or repairing any school-house, and providing for levying special taxes for the payment of such bonds, with amendments, erasing the word "ten" and inserting the word "five" in lieu, and adding the following under the instructions of the House: "provided that before any such bonds shall be issued under the provisions of this act, it shall be the duty of the Board of Commissioners to require a petition, signed by a majority of the freeholders of the township, asking that said bonds be issued;" and so amended, the committee recommend the passage of the bill. It was ordered to be engrossed.
Mr. Prentiss, from the Committee on Township business, returned Mr. Whitworth's bill [H. R. 308] requiring the clerks of the Circuit and Common Pleas Courts to make indexes, recommending its indefinite postponement, which was concurred in.
Mr. Buskirk, from the same committee, returned Mr. Branham's bill [H. R. 299] providing bounties for red fox scalps, and empowering County Commissioners to provide additional bounties, with an amendment: "said clerk, on such presentation of said scalps, shall then and there destroy them," and so amended they recommended that the bill pass. The report was concurred in and the bill was ordered to the engrossment.
Mr. Coffman, from the same committee, returned Mr. Rumsey's bill [H. R. 320] regulating the duties of County Surveyors and extending the same, recommended that it be indefinitely postponed. The report was concurred in.
Mr. Furnas, from the Committee on Agriculture, returned Mr. Teeter's bill [H. R. 243] to repeal all acts for the protection of wild game, recommending its indefinite postponement. He also returned Mr. Hollingworth's bill [H. R. 80] to prevent the spreading of the common thistle, with the same recommendation. The reports were concurred in.
THE INCURABLY INSANE.
Mr. Branham called up, by way of a motion to reconsider the vote on its adoption, the concurrent resolution of yesterday requiring the joint standing Committee on the Benevolent Institutions of the State to prepare and report plans for buildings for the care of the incurably Insane; to consider the Governor's recommendation to divide the State into Central, Southern and Northern Districts for this purpose, and to report a bill providing for the same. And when the vote was reconsidered he said he had doubted a little that this resolution might have passed the House without the proper consideration. He wanted the resolution to express what the House sincerely requires. The order of the resolution requires a great deal of work to prepare the plans and make the estimates; and the committee do not want to go to this expense without assured and unmistakable authority. He would have the resolution passed by yeas and nays.
Mr. Butterworth. It was his opinion that we ought to have but one institution for the care of the insane in the State.
Mr. Richardson. I hope the House will put itself on the record in favor of the proposition for another hospital for the insane.
Mr. Branham. It was not in the mind of the committee to do anything more than to district the State according to the recommendation of the Governor, and to propose the plans and estimates for the buildings. The committee do not want to act unless it is necessary - unless it is the settled mind of the House - and we are satisfied that it will not be possible for the State during the next two years to do more than the preliminary work. He doubted if the House were intelligently determined to go on with the work; and whether they did or not, he wanted to know it expressly.
Mr. Barrett was in favor of enlarging the present hospital - or of making twobut did not know why we should have three. But as the gentleman from Jefferson says we will not be able to do anything for two years, he would prefer to do something now - to do something at once to relieve the present demand for patients.
Mr. Richardson was decidedly in favor of enlarging the capacity of the Hospital for the Insane, and in favor of two more buildings. He believed that would be done. If there is not money enough in the Treasury, he would be willing to authorize State officers to issue bonds for a loan for that purpose.
Mr. Lenfesty said the people of the State are ready to take care of those unfortunate insane, and they desire that all the money that is necessary may be expended in that direction. The House should adopt this resolution without a division, and thereby encourage this committee to prepare the necessary legislation. It was a disgrace to the State that these unfortunate people are in so many cases entirely without attentive care.
Mr. Shirley understood that the House has once passed this resolution, but he had no objection to the call on the part of the Committee for the House to pass it by yeas and nays, tor the assurance of earnestness and sincerity.
Mr. Branham. It was the intention of the committee to make the Hospital for the Insane near Indianapolis as large as it can be made under the original design; and the committee will recommend the expenditure of as much money as it is prudent to expend on the present hospital; but from the information we have, we understand that it can't possibly be made to accommodate all the patients that should come into it.
Mr. Miller desired to know whether another bulding is practicable on the same grounds?Mr. Branham. There is plenty of room. But it seems to be the unanimous opinion that there are certain limitations to improvement in those buildings, and that about $50,000 would be what should be expended for the economical management and administration of the institution.
Mr. Miller was unable to see why there could not be an additional building put up on the same ground that would give immediate accommodation and relief to patients. After that is done he might be willing to divide the State into districts for the more complete accommodation of the people of the State.
Mr. Furnas had rather a limited acquaintance with this institution; but he was satisfied, if the opinion of the present Superintendent was worth anything, that the building there is as large now as it is necessary to make it. The original plan is complete; and if attempts were made to enlarge the design, it would throw the whole thing out of order, and it would not succeed. He thought that if we were to undertake an entirely new set of buildings, it could not make it much better; and the fact remains that page: 51[View Page 51] only one-third part of those wanting homes there can be accommodated. We placed ourselves on the record at the last session for an increase of our per diem, while the wants and sufferings of those patients have been calling on us for relief all this time.
Mr. Thompson, of Elkhart, was interested in this question on account of the expense of the transportation of inmates, and was in favor of dividing the State into hospital districts. As far as his part of the State is concerned, he knew of counties that stand willing to donate the land for a hospital site; and the expense of another building would be saved in two years time out of what is now paid for the transportation of patients. And then we want a separate institution building for the incurably insane.
Mr. Woollen, if in order, would like to offer a resolution to test the sense of the House on this question. It was read for information to the effect, that, in the opinion of the House, all appropriations made at this session for the purpose of increasing the accommodations for the insane should be applied and confined to increasing the accommodations and enlarging the capacity of the present buildings.
The Speaker. This is a concurrent resolution and can not be amended in that way.
Mr. Woollen. I withdraw it then.
There was an unsuccessful motion by Mr. Hardesty to amend by striking out the words, "Central, Northern and Southern."
The resolution was then adopted - yeas 81, nays 1.
Messrs. Blocher, Cline, Cole, Given, Isenhouer, Lenfesty and Schmuck obtained temporary leave of absence - all till next week.
The Speaker laid before the House the Senate message announcing their concurrent resolution for a hearing of the American Woman Suffrage Association this afternoon in this Hall at half-past two o'clock, and it was concurred in.
The Speaker also (informally) announced to the House an invitation to witness some Fire Extinguisher on wheels somewhere this afternoon at two o'clock P. M.
Mr. Branham presented a claim, and Mr. Brett a petition.
The House then took a recess till twenty minntes past two P. M.
AFTERNOON SESSION.
The Speaker resumed the chair at twenty minutes past two P. M., and after the requisite preliminaries, the Senators were received and seated on the right, the President of the Senate presiding, to hear the memorial and addresses of the American Woman Suffrage Association.
The memorial was read by the Clerk of the House of Representatives, and its consideration was pressed by address at length by Mrs. Longley and Mrs. Cutler, standing at the Speaker's table, and successively introduced by the Lieutenant-Governor.
A HIGH COURT OF SUFFRAGE
THE SOLONS AND THE WOMEN - FIERY PARTICLES AND BITING ARTICLES - A SCENE IN THE HOUSE - DEMANDING THE INALIENABLE
All of Indianapolis of a strong minded sort; all of the women who despise the tyrant rule of man and weep like Rachel for the dead babe of equal rights, came together in the assembly of the sages to listen to the concentrated spice of suffrage life. The Chamber was crowded and the scene like a gala day in Congress. The very young ladies present were interested in the members, while the members seemed interested in the mammas. Among the younger law-makers there was unseemly, but suppressed, levity, as the delinquent caught the eagle eye of outraged womanhood fixed in scorn upon them.
In a silence of eager expectation the Lieutenant Governor presented the first speaker, Mrs. Margaret B. Longley Of Cincinnati. Mrs. Longley spoke substantially as follows: In behalf of these petitioners I desire to call your attention to the injustice done to half your people by the present system of legislation and to ask your honorable body to take such action as shall remove the cause for dissatisfaction. In attempting to show the justness of woman's claim to the ballot box it is not necessary to go back beyond the declaration of principles upon which this Government is based. Having so long maintained such a system of government, we can but conclude that the principles are approved of by the people, and it will be unnecessary to discuss principles upon which we are all agreed. My task will be to show, according to these principles, and according to justice and the spirit of the Constitution, that women are entitled to the same rights and privileges with men, including that of the ballot.
Occupying the position of subjects, and experiencing the disadvantages of such a position, our forefathers became convinced that a government which does not derive its powers from the consent of the governed is not a just one; and with the hope of benefitting future generations, they desired to establish in America such a system of government as they believed would most effectually secure the equality of all before the law. And, as we are told, in order to secure the blessings of liberty for themselves and their posterity, they ordained and established the Constitution of the United States. This Constitution was to provide for the protection of all the people. But the rights of one-half the people have been ignored. The powers that be failed to respect the intent of our forefathers to secure the blessings of liberty for their posterity. Having enjoyed without question political freedom themselves, men fail to think of those who are deprived of it. Indeed many of them did not seem to realize that an aristocracy has been established in America which is no less oppressive than that of the past, and one which is much more unnatural, because it places those bearing the near relation of husband and wife, son and mother, in opposition, as superior and subordinate. I mean the aristocracy of sex. The civil laws speak boastfully of the guarantees of justice to every American citizen in its ballot, and of the advantages of a republican government. While one half of our citizens are denied all participation in its affairs, can such a government be called a republican government? What is a republic? Jefferson says a republic means a government of citizens in mass, acting directly and personally according to rules established by the majority. But all citizens of the United States do not act personally, and are not governed according to any rule established by the majority. Women being excluded, but one-half the citizens vote. Consequently, it is not a government of the majority, but one-half the people govern this country.
"IT IS SOMETIMES"
Said that the phrase "the people," as used in the Constitution, does not include women, and should not be understood literally. This is an untenable position
The lady referred to and read some of those clauses in amendments to the General Constitution, which prescribes the right of the people to be secured in their persons, houses, papers, etc., against unreasonable search and seizure; and from this and similar clauses of that instrument reasoned at length, that the words "people," "citizen," "men," "man," etc., are used with page: 52[View Page 52] reference to race and not to sex; and logically, thence deduced life right of the woman to the ballot. The intuition of the speaker caught the strong points of her message, reaching eagerly to the fact that the people of this State are contemplating a convention to amend the organic law, so much so that it seemed to the listener sometimes as though the address was to such a convention of the people sitting as a committee of the whole on the single question, which freighted the sheet to the classical and eloquent peroration, to this effect. Then, if we honor human develment, let us have it in all its purity. The world needs the influence of woman no less than that of man. If women fail to exert the perennial influences on the social world, or on the political world, society is defrauded; for the combined gifts of God's creatures is necessary in order to perfect the great design. Then let women have full scope for all their powers. There need be no fear that women will lose their femine characteristics, for, be assured, they are too firmly implanted by the Creator. Remember, gentlemen, as your law books tell you, the political position of woman is a disgrace to a civilized nation - the theory of the laws degrade them almost to the level of slaves - and then say if there is any question of equal importance with woman suffrage before the American people. I trust that I address persons capable of laying aside prejudice, and of deciding a case according to the evidence and according to justice, regardless of preconceived opinions and prejudices; therefore, I hope that our woman's petition will be granted; that you will give it at least your serious consideration.
MRS. CUTLER.
The Lieutenant Governor then introduced Mrs. H. M. F. Cutler, who spoke briefly to the following purport: Gentlemen of the Committee and of the Legislature of IndianaI count myself happy this day that I have the privilege of presenting before your honorable body the grand question of the age, and I do it with the more pleasure because I recognize how the great principles of our republican institutions have grown into your hearts, have enlarged your views, have lifted you up till you stand above all mere prejudices; and I am reminded of that exquisite sentiment of Sir William Chase:
- - "What constitutes a state?
- Not high rais'd battlements or labored mounds,
- Not tow'r and moated gates; not cities proud
- With spires and turrets crown'd," etc.
It is to such men that I address the great question of the age - men who know their rights and know their duties - and knowing their rights and duties, they will never abridge the rights and duties of any of their class. Therefore, Mr. Speaker, I came to you, at the request of the Executive Committee of the American Woman Suffrage Association, who have taken upon themselves the duty of presenting their question to the American people. They have asked Mrs. Longley and myself to go before the several Legislatures of the States of this Union, and, if possible, present this question so clearly and earnestly, that you might be prevailed to remove whatever disabilities as to the suffrage there exists. I know you all must have felt sympathizingly for the second speaker while listening to the first. You must, all of you, have said; What is left for her? The whole ground has been so thoroughly gone over that there is nothing else to hear. As far as the argument is concerned, she has brought it all before you, clearly, distinctly and logically, but you know that when a good itinerant has preached a sermon, he naturally wants somebody to follow him with an exhortation. So this lady continued in a voice of superior richness, and with great pleasantry, to make her address to the convention of rather a personal and anecdotal character, which was well received, as was the address of Mrs. Longley, with frequent and sometimes irrepressible applause, to the close.
And then after some explation by Mrs. Swank and others with reference to what seemed to have been a conflict of appointments of the agents of the American Association and the Indiana Association, the Lieutenant Governor prorogued the convocation, and the ladies and Senators retired.
The Speaker again called the House to order.
Mr. Thayer gave notice to the House of the intention or Mr. Hardesty to submit a motion to reconsider the vote of yesterday by which the Satterwhite empyricism bill [H. R. 101] was defeated; and it was ordered that the motion be entered on the journal. The House then adjourned.
