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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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HOUSE OF REPRESENTATIVES.

FRIDAY, January 28, 1881--9 A. M.

The session was opened with prayer by Rev, J. R. Clark, of the Episcopal Church of this city.

The reading of the journal was commenced, when, on motion, the further reading thereof was dispensed with.

Mr. TAYLOR, of Lagrange, offered a resolution which was adopted, that a Committee of three member of the House and two of the Senate be appointed to investigate the reports what, if any, legislation is necessary for the inspection of the various illuminating oils.

The Speaker makes this Committee on the part of the House to consist of Messrs. Taylor, of Lagrange: Robinson, of Decatur, and Cummings.

Mr. STEWART offered a resolution that Rules 57 and 58 of this House be rescinded and the following substituted therefor: Rule 57 be so lowing substituted therefor: Rule 57 be so changed that the first reading of the bill shall be for information, and, if no motion be made for its rejection, it shall be referred to the appropriate standing Select Committee of the House, or to the Committee of the Whole House, and pass to the second reading.

It lies over one day, under the rules of the House requiring one day's notice of a change.

NEW PROPOSITIONS.

The following described bills were introduced, read the first time and passed to the second reading as submitted from the Revision Committee:

By Mr. RYAN [H. R. 225]: Concerning elections and the contest thereof. [General elections shall be held binnially on the day now fixed by law. All vacancies s hall be filled within a year unless otherwise provided.]

By Mr RYAN [H. R. 226]: To create a State Board of Pardons. [The Secretary, Treasurer and Auditor of the State shall constitute a Council called the Executive Council,, without whose advice and consent the Governor shall have no power to grant pardons in cases of felony.]

By Mr. RYAN [H. R. 227]: Amending Sections 3, 8, 11; repealing Sections 5, 6, 7, of an act to provide for Electors of President and Vice Presidents of the United States. Approved May 28, 1852, [The Board of Judges shall make out a certificate of the number of votes cast at each election, attested by the Clerk of such election, put into the hands of the inspector, who shall deliver the same to the Clerk of the Circuit Court].

By Mr. LINDSAY [H. R. 228]: Concerning streets and sewers. [For all incorporated cities or towns the Circuit Court shall appoint three, Commissioners, resident free-holders, who shall pass on and issue permits for any resident to open a street or alley, or change a road.]

By Mr. NEFF [H. R. 229]: Concerning high- page: 98[View Page 98] was. [No public highway shall be more than thirty feet wide.]

By Mr. NEFF [H. R. 230] : Concerning the making of improvements on roads and highways. [The Township Trustee with concurrence of County Commissioners shall asses a road tax of not less than five cents or more than twenty cents on the $100 on all property in the Township, to be collected as other taxes. The amount of such taxes may be worked out in the road district where such persons resides.]

By Mr. NEFF [H. R. 231]: Concerning partition fences. [Where controvesy arises in building fence, one of the parties can apply to the County Trustee, who shall dictate how such fence shall be constructed, and the amount of compensation each shall pay to the builder.]

By Mr. KENNER [H. R. 232]: Concerning and amending the act establishing a Bureau of Statistics and Geology. [Shall collection additional information.]

By Mr. KENNER [H. R. 233]: Concerning gaming contracts. [All moneys wagered on bets of any kind, or contracts relating thereto, shall be absolutely void and of no effect].

By Mr. KENNER [H. R. 234]: To amend Section 2 of an act concerning the general fund and the expenditures charged thereon, approved May 13, 1852 and providing for the disposition of the unexpended appropriations. [From the general fund shall be paid the salaries of Governor, Lieutenant Governor, Secretary of State, Superintendent of Public Instruction, Attorney General and other State officers, whose salaries are payable by the State. The appropriation not expended shall be credited to the general fund.]

By Mr. CHANDLER [H. R. 235]: Concerning the periodical enumeration of all the male inhabitants of the State over the age of twenty-one years. [In 1883 and every three years thereafter the enumeration shall be instituted and prosecuted by the Trustees of the County.]

By Mr. MILES [H. R. 236]: To amend Section 1 of an act to limit the powers of Trustees of Townships to contract indebtedness, ect., approved March 11, 1875. [The Trustee is prohibited from drawing money, the amount not to exceed the amount on hand, without an order from the County Commissioners authorizing him to do so].

Mr. WRIGHT offered a resolution, which was adopted, that a Committee of five be appointed consisting of three from the House and tow from the Senate to institute an investigation and inquire into the condition of affairs of the House of Refuge at Plainfield, Ind., giving them power to send for persons and papers.

Mr. ADRIAN offered a resolution authorizing the Committee on Benevolent Institutions to have 200 copies of blank forms printed, to be filled out by the County Auditors of the State, which will give the numbers of orphan children in the County Poor House, the number of orphan children supported by the Township Trustees of the County, and the number of Orphan Homes located in each County, and forward such blanks filled out to the Chairman of the Committee on Benevolent Institutions.

It was adopted.

By Mr. GIBSON [H. R. 237]: Concerning landlord and tenant [It changes eight sections of the present law.]

By Mr. LINDSAY [H. R. 238]: Providing for the sale of lands and lots purchase on behalf of the State at Judicial or other sales. [Such land shall be appraised at a fair cash value by two disinterested persons, and must be sold for not less than the appraised value, at a sale made at the Court House of said County.]

Mr. KENNER offered a resolution to the effect that new quarters be obtained for the Engrossing and Enrolling Clerks, and if necessary, a Janitor, whose compensation shall not be to exceed $2 per day.

It was adopted.

The following new propositions were read first time and passed to the second reading:

By Mr. KAIN [H. R. 239]: To legalize the incorporation of the town of Geneva, in the County of Adams and State Of Indiana, and to legalize the official acts of the Board of Trustees in the town of Geneva.

By Mr. JOHNSON[H. R. 240]: To repeal rn act defining certain misdemeanors, and prescribing punishment therefor.

By Mr. JOHNSON [H. R. 241]: To amend SEctions 1 and 2 of an act legalzing the assessment, equalization, levy and collection of municipal taxes for the years 1873 and 1874. Approved March 11, 1875.

By Mr. VAWTER [H. R. 242] For the relief of Joel S. Davis, and authorizing the refunding to him of certain damages paid by him into the treasury of Bartholomew County. [Amount, $989.02]

By Mr. CAUTHORNE [H. R. 243]: To amend Section 9 of an supplementary to and act to provide for the election, fixing the compensation and prescribing the duties of the Attorney General of the State of Indiana, approved February 31, 1855, and repealing an act to amend Sections 4 and 7 of an act to provide for the election, fixing the compensation and prescribing the duties of the Attorney General, approved June 3, 1861, and prescribing additional duties of the Clerks of the Circuit Courts and District Attorneys. approved March 10, 1873.

Mr. O'BRIEN offered a concurrent resolution that the House of Representatives, with the concurrence of the Senate, respectfully request our Senators and Representatives in Congress to use their influence towards the enactment of such laws for the regulation of freight and passenger rates on all railroad lines as shall be just and equitable to all parties concerned.

It was odopted.

By Mr. FRAZER [H. R. 244]: To amend Section 7 an act approved December 31, 1872, to provide for the uniform assessment of property and for the collection and return of taxes thereon. [All property for religious worship, schools, city government, and fire-extinguishing machines, etc., are exempted.]

Mr. FANCHER offered a resolution that Miss Kate Curry, of the Telephone Exchange, be employed, for an amount not to exceed two dollars per day, to take charge of the telephone until further ordered.

By motion of Mr. THOMPSON, the resolution was laid on the table.

By Mr. DAVIS [H. R. 245]: To repeal an act defining libel and the publication thereof.

By Mr. DAVIS [H. R. 246]: To provide for a better security of persons and property, and fixing a penalty for violation of such act. [All persons using machinery run by steam or water power shall be required to use every possible safeguard and precaution to prevent injuries to persons and property, and imposing penalties where injuries are sustained.]

By Mr. EDWINS [247]: To regulate the proper entries for taxation of mortgages. [When a person shall have executed a mortgage for an indebtedness, the possessor shall, within two weeks thereafter, present the same to the Auditor of the County, who shall enter the same in a book kept for that purpose, for taxation, and in making up the tax duplicate, shall make an entry of the same.]

Mr. EDWARDS offered a resolution that when the House meet again, the morning session shall be from 10 o'clock a. m. until 12, and its afternoon session from 2 o'clock p. m. till 4 o'clock p. m., until further ordered by the House.

By the SPEAKER: According to the rule the resolution will lay on the table until Monday.

By Mr. CARTER [H. R. 248]: A bill for an act increase to the satisfaction of mortgages, and page: 99[View Page 99] prescribing the manner in which the same may be done, fixing the fees of the Recorder.

By Mr. CARTER [H. R. 249]: To amend an act incorporating the Indianapolis Insurance Company, approved February 8, 1836

By Mr. COTTON [H. R. 250]: To regulate the practice in actions for negligence, and providing that in such actions the burden of proving contributory negligence of the plaintiff shall be upon the defendant, and that the defendant shall set up in his answer contributory negligence, if he would avail of it.

By Mr. COTTON [H. R. 251] To legalize the acknowledgment and recording of certain instruments. [Mortgages, deeds, ect., acknowledged and recorded after the expiration of the officers commissions and declared valid and effectual.]

Mr. FURNAS [H. R. 252]: To extend the elective franchise in the elections for the choice of Electors for the President and Vice President of the United States to a certain class of women herein designated. [Every female citizen of the United States who shall have at the time of such election the same qualifications as to age, residence, and registration that would entitle her to vote at such an election if she were a male citizen of the United States; also every female of foreign birth who shall have at the time of such election the same qualification as to age, residence, the declaration of her intention to become a citizen of the United States, and registry, that would entitle her to vote at such an election as if she were a male person of foreign birth, to such shall be extended the elective franchise.]

By Mr. HINTON [H. R. 253]: To amend the Section 10 of an act providing for the election of Justices of the peace, and defining their jurisdiction, powers and duties in civil cases; approved June 9, 1852. [They shall have jurisdiction and power to determine cases of contract and tort where the debt on the value of the property sought to be recovered does not exceed $200 and concurrent jurisdiction to the amount of $400. No Justice shall have authority in action for slander, malicious prosecution of breach of the contract, or where title of land is in controversy.]

By Mr. HINTON [H. R. 234]: To amend Section 1 of an act to amend Sections 4 and 6 of an act for the incorporation of Manufacturing and Mining Associations, etc. [Manufacturing Companies may increase their stock by concurrence of the stockholders.]

By Mr. BERRYMAN [H. R. 255]: To provide for the appointment and confirmation of Trustees of the Institute for the Education of the Deaf and Dumb, the Hospital for the Insane, the Asylum for the Feeble Minded, and the Soldiers' and Orphans' Home, and for more effectual management and government thereof. [Each to be governed by a Board of Trustees, consisting of three appointed by the Governor.]

By Mr. SUMNER [H. R. 256]: To amend Section 28 of an act defining felonies and prescribing punishments therefor, approved June 10, 1852.

By Mr. SUMNER [H. R. 257]: To amend Section 1, 2 and 3 of an act making it unlawful for owners and proprietors of billiard and other tables to suffer minors to play thereon or congregate about such table. [Shall not apply where such table is kept in a private house or used in a family.]

The House took a recess till 2 o'clock.

AFTERNOON SESSION

The SPEAKER announced the special order for this hour, being the consideration of the report of the Joint Special Committee, to which was referred such portions of the message of Governor Gray and of Governor Porter's inaugural address as referred to the death of the late Governor James D. Williams.

The resolution reported by the Committee last Friday having been read--

SPEECH OF HON. H. S. CAUTHORNE.

MR. SPEAKER--I ask the Representatives of, the people of Indiana to pause for a moment, in the midst of their contentions and deliberations, to offer the last tribute of respects to the memory of one who, until very recently, was the chief executive officer of the State; of one well and favorably known throughout her borders, and even beyond; of one no longer in competition with, and consequently exempt from the jealous rivalries of the living, who but a short time ago passed from our presence, and the places that once knew him now know him no more forever. it is needless to say I refer to the late James D. Williams.

The dead Governor of Indiana descended from poor and obscure parents, who left the overcrowded shores of the Old World to better their condition in the unbroken wilds of the New. He was bron in Pickaway County, Ohio, on the 26th day of January, 1808, and was the oldest of six children. This part of Ohio was then too thickly settled to offer any very flattering inducements to retain poor man with a large and dependent family , and consequently, westward his father directed his steps, and on the 27th day of November, 1818, settled with his family in Knox County, Indian, where the deceased continued to reside up to the date of his death. In the fall of 1828 his father died, and the care, protection, and support of his widow and children devolved upon the deceased, and with a brave heart and manly resolve he nerved himself to properly discharge the scared trust cast upon him by this dispensation of Providence, and thus early learned the invaluable lesson of self-reliance in the sever school of experience. On the 17th day of February, 1831, he married Nancy Huffman, a country girl of his neighborhood. This interesting ceremony was performed by Isaac Coons, a Justice of the Peace of the County, in a rude log cabin, the customary home of the farming class during our embryo period, when the foundations of the future power and magnificence of the State of Indiana were being laid by her pioneer settlers. The wedding was plain and void of all pomp and ostentation. No cards, no elaborate bridal costumes or costly presents or brilliant display were concomitants of this matrimonial union. And yet it was singularly blessed of God in a marked manner. Hand in hand they went north from the humble surroundings of the bridal morning and the settled quickly and quietly down upon a few acres of land, which he had recently purchased, and part of what constituted his home farm at his death. Here in unison they began to develop and solve for themselves the great problem of life. Here for near half a century they lived in peace, happiness and contentment, and by mutual exertions accumulated, slowly but surely, material wealth, until at last these few acres at the beginning of the struggles of active life expanded into a splendid estate of upwards of 4,000 acres at his death. It is a fact worthy of remark, that from this very first acquisition of realty until his death, the records of the transfers of real estate are to and none from him, certain evidences and indications of caution, prudence and stability of character. It is also true that the part of the County where he located was settled by the heads of families to whom large tracts of land had been donated by the munificences of the National Government, and were held by them in extended possessions, measured by leagues, and consequently rendering it extremely difficult for a poor man to acquire a foothold as a landed proprietor. And yet, in the lapse of less then half a century, under the operations of our free institutions and equal privileges, with no laws of primogeniture or entailed estates to hamper or fetter the free movement of social relations and the fitness of things, this condition of affairs was completely reversed in the life experience of Mr. page: 100[View Page 100] Williams, and the truth of the decree, "the first shall be last and the last shall be first." was completely verified. This is as it should be, and as we hope ever will be, contributing as it does to stimulate and encourage industry and enterprise, and secure our landed possessions for the use and benefit of virtuous, patriotic and meritorious proprietors.

The dead Governor of Indiana made his debut upon the arena of public life as a public officer in the simple garb of a Justice of the Peace for Harrison Township, Knox County, in the year 1838. He held this office for about three years, and discharged its duties to the satisfaction and approval of all who transacted business with him. He resigned the position before the expiration of his term of office. In 1843 he was elected to represent Knox County in the House of Representatives of the General Assembly over Abner T. Ellis, a prominent attorney, and the acknowledged leader of the Whig party in the County at that time, which party was then in the ascendancy by from 400 to 500 majority, and yet Mr. Williams not only overcame this majority, but was returned by a very flattering vote over this leader of the party politically opposed to him, furnishing convincing evidence of his personal popularity and strong hold upon the popular heart, which he continued to retain until his death. He never failed to receive the indorsement of the people at the ballot-box as often as he was a candidate for public favor, save once, when he was defeated for Representative by Robert N. Carnan, an able lawyer and crafty politician, at a time when the political sentiment of the County was very strong against him, and who, as a reward for his victory over such a popular competitor, was rewarded with the Speakership of this House. From the time he first entered the public service until his death he was almost continuously in some position of trust and honor. He represented Knox County in the House of Representatives during seven sessions and in the Senate during twelve sessions. This continued indorsement by the people of that County is an honor of which any man might justly feel proud. If Virginia can truthfully be styled the mother of Presidents, Knox County can also be called the mother of Counties in Indiana. Her territorial area at one time extended from the Ohio River on the South to Lake Michigan on the North, and spread out so as to embrace one-half of the present territory of the State, and a majority of the members of this House who are now holding seats on this floor are representing Counties whose territory was formerly embraced within the limits of Knox County. That grand old County yet contains the old Post--one of the links in the proposed chain of fotification the French designed should connect their Canadian possessions with the Gulf of Mexico; the cradle of civilization and refinement in the great Northwest; the first Capital of the territory now constituting the great State of Indiana, and the first home in the wilds of the West of that physical and brain-working race of pioneers who superstructure of Indiana's greatness. It was surely a distinguished privilege to represent acceptably and often the very nursery of Indiana's roll of honor--that County which was long the home of William Henry Harrison, the first Governor of the Territory, the hero of Tippecanoe, and ninth President of the United States; the home of Zachary Taylor, the canonized hero of the Mexican War and twelfth President of the United States; of John Gibson, Thomas Posey, Francis Vigo, the self-appointed Commissary of Subsistence of the troops under George Rodgers Clarke; Thomas Randolph, Waller Taylor, one of her, first and ablest Senators in Congress; the learned Jurists, Blackford, Dewey and Johnson; the statesmen, Edward A. Hannegan, Thomas H. Blake and John Law; and in whose bosom repose, mingled with her soil, the remains of such distinguished men as Moses Tabbs, Jacob Call, John Law, Abner T. Ellis, John Ewing, Samuel Judah, the sainted Bruti, Bishops Bazin and St. Palais, Major B. V. Becker, Colonel John Coons, Elias McNamee, the early friend and champion of free soil and free men, and others who ditinguished themselves in the varied pursuits of active life, and left behind them unsullied and splendid reputations.

Mr. Williams was the friend and advocate every measure calculated to develop the resources not only of his immediate section, but the State at large. And whilst interested in all public enterprises calculated to advance in any manner onward and upward progress of the State, yet he devoted himself in a particular manner to expand and develop the agricultural interest. This was his chosen field of labor. Every movement having this object in view met with his sanction and assistance and material encouragement. In his own County three several Societies have been organized at various times for the purpose of encouraging and promoting this particular interest, and he was a prominent factor creating and sustaining all three and had the honor conferred upon him of being the first President of each of said Organizations.

His attention and devotion to this great interest was not circumscribed and confined to his own County, but extended to the State at large. He assisted to originate and corporate the State Board of Agriculture; was for many years a member of said Board, and during four years was President thereof. In his lgislative careerhe originated many wise and beneficial statutory enactments, conspicuous among which I may name the one setting apart a portion of the estate of a deceased husband to his widow and children to the exclusion of all others, creditors included. He also succeedd in compelling to be distributed among the several Counties of the State, according to the ratio of population, the proceeds derived from the sinking fund, which had accumulated in the hands of the Auditor of State to an amount exceeding a half million dollars, and laid there for years unemployed, dormant and unproductive so far as the public was concerned, until 1871, when it was utilized by distribution among the Counties, to be loaned out as other school funds, and thus assist in educating the children of the State.

In 1874 he was returned from his District to Congress, and served in that body until he was nominated, in 1876, by his party, for Governor of the State of Indiana, when he resigned his seat in Congress before the expiration of his term of service, and before his election to the Gubernatorial office.

He died in this city on the 20th day of November last. His death was wholly unexpected, and created quite a sensation among his home friends. Death is always a terrible visitant, from whose embrace humnanity instinctively shrinks, let him appear at any time or in any shape.

  • "The tear,
  • The groan, the knell, the pall, the bier,
  • And all we know, or dream, or fear
  • Of agony;"

belong to him. If, however, his approach can be mitigated in the least, it may be so when he comes to an old man who can look back over a pure and unspotted life spent in high places the discharge of important trusts, with his harness still upon him, and no blot or blemish observable upon his record. It was thus he came to the old man eloquent, the champion of the right of petition in the Congress of the United States. It was thus he found the great chief of military affairs in the United States Senate during the late civil war, and so too, he laid his pallid hand upon the late Governor of the State of Indiana.

I have said that his death was a shock to his a home friends. It had been but a few days since page: 101[View Page 101] almost the entire population of Knox County gathered together from all her borders at the County Fair, which almost rivals the State Fair in the matter of attendance, had seen him in the enjoyment of apparent health, and to all outward prospect of having yet before him nay unspent years. The news of its occurrence traveled upon te wigs of the wind, leaving in its wake sorrow and distress. The realization of this unexpected event recalls vividly to mind the beautiful lines which Mr. Lincoln was wont to repeat on proper occasions:

  • "Oh, why should the spirit of mortal be proud;
  • Like the swift-flying meteor--a fast-flying cloud--
  • A flash of the lightning--a break of the wave--
  • He passeth from life to his rest in the grave.
  • "'Tis the wink of an eye, 'tis the draft of a breath,
  • From the blossom of health to the paleness of
  • death,
  • From the gilded saloon to the bier and the
  • shroud;
  • Oh, why should the spirit of mortal be proud!"

The place of his death was in accordance with the fitness of things. It was proper it should occur at the capital of the State, the forum where he had discharged most of the public trusts committed to his care, and, as it were, in presence of the people of the entire State, whom he served so long and so well, and thus afford them an opportunity to pause amid the pursuits of active and busy life and drop a sympathetic tear over his open grave.

The time, too, harmonized well with the place. He was approaching the close of his official life, having reached the highest round on the ladder of fame, beyond which his most enthusiastic friends could not hope or expect him to ascend higher-when his official work was done and the time very near at hand when an account thereof should be rendered to the Representatives of the people, and which could be discharged by his successor without detriment to public service, and thus relieve him of the task of self-laudation.

The elements, too, sympathized with the occasion and the entire State was appropriately clothed in a mantle of snowy whiteness, emblematical of pure charter that was passing away from earth to a higher sphere of action. He had reached that age when he could not be expected retain much more longer mental and physical vigor, and when the approach of senility and waning power of mind might be looked for. It is a happy provision of nature that after the body has been distorted and disfigured by suffering and disease, as soon as the touch of death has dissolved the mysterious union between the mortal and the immortal parts, the mortal remains at once assume the customary appearance of health ,so that the last view of departed loved ones by the living will suggest pleasing instead of sad memories. The last age in the life of man as described by Shakespeare, is repulsive in the extreme to the mind. John Randolph lived in constant dread for several years prior to his death of becoming a mental and physical wreck, and when musing and communing with his own thoughts, was frequently and involuntarily heard to repeat the couplet:

  • "Streams of dotage of dotage from Marlborough's eyes
  • do flow,
  • And swift expires a driveling and a show."

It were far better therefore that the late Governor of the State should pass away at the time he did, in the enjoyment of his physical and mental powers, so that last recollections of him by his will always be as he appeared, in the full vigor of his manly powers, and not as and antique, and in decay.

The citizens of Indianapolis, without regard to party affiliations, united in rendering appropriate honors to the dead Governor. And from my place in this House, as the Representative of the people of Knox County, and on their behalf I now thank them for these manifestations.

I also take great pleasure in alluding publicly to the fact that the widow Governor Morton kindly permitted a portion of the floral decorations that had been prepared for and used on the occasion of the funeral of her honored and lamented husband, to be place upon the casket containing the mortal remains of one of his successors in office, and assure her that this manifestation of sympathy and respect is duly appreciated and remembered by his friends. I also thank the ladies and gentlemen of the city of Indianapolis, and of other cities and other parts of the State, for he beautiful floral symbols, decorations and ornaments which they kindly and affectionately clustered around his remains whilst lying in state in this city, and which were sent with them to his country home. They were all artistic in design and execution, and added much to the beauty and impressiveness of the funeral pageant on the occasion of his obsequies; and yet I must indulge the remark that the broken column of evergreen and flowers placed at the head of his catafalque failed to express significantly and correctly the quality and nature of this harvest of death. His career was not prematurely terminated or cut short before his life-task was accomplished. He died full of years and full of honors, and the emblematical column that would correctly and appropriately perform its office at his grave must be full rounded and perfect in all its parts. His remains were conveyed n Tuesday, the 23d of November, from this city to Vincennes, in charge of a Committee composed of distinguished citizens from different parts of the State, and there were formally delivered over by this Committee to the citizens of that city. The Committee that performed this melancholy duty found the city of Vincennes on their arrival there clothed in mourning as it was never on any occasion clothed before. Its beautiful and regular streets glistened in the November sun like threads of silver, and were lined on either side with multitudes of people--all business was suspended, the business house closed and appropriately draped in mourning. The remains were received formally by the citizens Vincennes and deposited in the beautiful Court House of Knox County, which was elaborately draped in black for the mournful occasion, where they lay in state, viewed by thousands of his neighbors and friends of all ages and sexes and conditions, until Wednesday, te 24th day of November, when they were conveyed to his country home, and were there deposited in the family residence, to remain for one night, and on the next day--being Thursday, the 25th day of November, the day set apart by the Nation for Thanksgiving observances-they were deposited in the grave prepared for their reception in Walnut Grove cemetery, situated on his own farm, by the remains of his wife, who had crossed the dark valley of the shadow of death before him. It is to be hoped they will be suffered to remain there in peace. Rumors have been floating through the State that his grave had been violated. They were readily credited from the fact that recently the grave a distinguished citizen of another State had been violated and his remains torn from the tomb where loving hands had placed them, thus showing that "Burkism" in these latter and degenerate days respects neither rank nor condition. But I am happy to be able to assure the public that there is not truth in these rumors, and that the remains of the late Governor have not been disturbed.

But, it may be asked, why was all this display--this funeral pomp and ceremony--over the lifeless remains of a plain and simple old man as Governor Williams was well know to be?

page: 102[View Page 102]
  • "Can storied urn, or animated bust.
  • Back to its mansion call the fleeting breath?
  • Can honor's voice provoke the silent dust,
  • Or flattery soothe the dull, cold ear of death?"

No. All honors rendered to the dead are vain and useless ceremonies as regards the silent sleeper. They heed not, they feel not, they know not anything of the sombre pageantry. Such displays are useful only as lessons and as inspirations for the living.

It is right to appropriately honor the distinguished dead. The memory of those who have gone before, and who achieved distinction in life, is the truest and most genuine wealth a Nation can possess. Time, which deteriorates all other possessions, only adds preciousness to these. Time, which defaces and obscures the fairest things,only dissolves the mists from the distinguished and honored dead. Who knows but the marked honors and imposing ceremonies incident to the funeral of the late Governor may have awakened aspirations in the breasts of many young men who beheld them, that may serve to arouse and stimulate them to imitate his career and follow in his footsteps. The success which attended his efforts and which he realized, is within the reach and accomplishment of all who will observe and utilize the same means to secure it which he did. No one can claim, with due regard for truth, that Governor Williams possessed either natural or acquired abilities of a superior order. He was a plain man in all his methods and purposes. His was not an imposing or inspiring presence--the witchery of eloquence was not his--in his hand the pen was not mightier than the sword. The secret of his success in life is easily solved. He was honest in his purposes and methods of accomplishment. It is for this reason that I can conscientiously hold him up as an exempler for the aspiring and ambitious young men of the State to study and imitate. What he accomplished is easily within the compass and grasp of them all. Their lot in life is cast in a more favored and elevated condition of society than was his. Educational facilities are superior. The social and religious opportunities are far in advance of what they were in the days of his opening struggles with life's hopes and cares. It has been charged that Republics are ungrateful. But the career of this dead Governor of Indiana is a complete refutation of the charge. In this land of the free and home of the brave everyone is sure to reap a harvest proportionate to his deserts. There are no titles here to be inherited; no primogeniture to curse the race. Each one enters on life the arbiter of his own fortune, and starts in the race for distinction on terms of equality with his fellows.

The road is open to all alike, and the humblest may ballot for the first honors of the nation. There is no other Nation that can point to as striking and marked examples of the meteor-like rise of self-made men as our own wonderful country, which has been in the past, is now, and ever will be, prolific great men. Andrew Jackson left the old North State a penniless and friendless boy, and bid adieu to the civilized world its most honored and distinguished citizen. The brilliant crescent of the mill-boy of the slashes grandly rounded out until It culminated in the splendid and immortal Harry of the West. The rising star of glory of the wagon boy of Ohio rose like a meteor to its zenith and charmed a listening Senate with his eloquence. The rail splitter of Spencer County, Indiana, developed into the immortal martyr President. And in a sister State, amid the ranks of those who yet live, may be viewed a brilliant illustration, the scintillation of whose rays of glory are restrained only by the horizon of the world's mind. And of kindred but, we admit, of an inferior type and degree, was the career of Indiana's dead Governor. I now, with pleasure and confidence, call the attention of young men of the State to it. I point them to the record of his long and successful career for their contemplation, and as a model for them to study to imitate and to follow. I do this with confident belief that all that heed and follow it will receive te plaudits of their fellow men while they live, and be enrolled among the honored and remembered dead. In conclusion, Mr Speaker, may I not slightly change, and then adopt, as appropriate in this connection, the sentiment of a favorite American poet, and say of the lpte Governor that he so lived that when the summons came for him to join numerable caravan that moves to that undiscovered country from whose bourne no traveler returns, he went like one that drew the drapery of his couch about him and laid down to pleasant dreams.

HON. W. M. O'BRIEN.

MR. SPEAKER--Without desiring to bring politics into discussion on the present occasion, because we have met here to day, not as partisans, but as members of the General Assembly, and as citizens of the State of Indiana, to express our honest convictions and approve the right, I can not forget that during the campaign of four years ago, the opposite party seemed to think that they could not use any stronger weapon than to intimate that Governor Williams was a plain man; that he was a farmer,and that he had no experience in statesmanship: that he was devoid of the finer elements and acquirements; that he was uncouth, etc. But I am glad that the spirit lived throughout the length and breadth of the State which made the people decide between the two men in favor of the man who was reviled and derided.

We may learn from this, fellow-citizens, that the people are willing to acknowledge and give honor to the true man and I am glad that when the excitements of political contests are over the American people are ever ready to forget the things that have been said in the heat of passion, and without respect of party are ready to acknowledge true worth.

MR. NEFF.

MR. SPEAKER--I feel, sir, that I would not be doing my duty if I did not, in some small degree participate in the ceremones of this hour. I am like the gentlemen who has just taken his seat whose remarks I think were fitly made. I was not only the political friend of the late deceased Governor Williams, but I was also his warm personal friend, and had his confidence for more than twenby years much of the time he was my adviser. It has been said here to-day that he was not a great man. The question sometimes arises in my mind, "Who are the great men?" I undertake to say that Governor Williams was great in goodness; great in practical goodness; great in what makes a man worthy, and great in what brings comfort to the suffering. He sympathized with the lowly. Governor Williams, it has been truly said, was one of the pioneers. His schooling and education was acquired in the school of experience. He moved, as it were, into the unbroken forest and became a citizen of the State of Indiana when the wolves might yet be heard howling near the pioneers' cabin, and the savage was not far in the distance. He commenced his career, as was said by the gentleman from Knox [Mr. Cauthorne], more than fifty years ago, in our State felled the forest and was in advance of almost any other man of his time and experience. He fought the battles of life, and I may here his honesty was never suspected. His name has never been tarnished. The stigma of corruption was never upon his garments and I say this of a man who has held the highest office in the gift of more than 2,000,000 of people. In his political life, he has had for his opponents such men as the page: 103[View Page 103] late deceased Governor Morton, a leader in his party and the distinguished gentleman (General Harrison) who has been so recently honored by the General Assembly of the State of Indiana with a seat in the United States Senate, being the successful competitor of the latter gentleman in the race for Governor. Governor Williams,I may say here to-day, was a man who did not outlive his usefulness. It has often been said of men that they live too long. Why? Because they had made such mistakes that the judgement of the people was against them. Governor Williams commenced in the humble position as Township Justice; was afterward elected to a seat in the Legislature; then elevated in to a seat in the State Senate from his adopted county. He was elected to the Congress of the United States, and while performing the duties of his office as Congressman from his District, and by the unanimaus voice of the party in Convention assembled, he was called to become the standard-bearer of the great Democratic party in a Gubernatorial race. He responded modestly, accepted the position, took the banner in his and marched to victory. Yet it may be said he was not great as some men consider greatness. I can say, Mr. Speaker, he was great in that which makes a man great. He was honest; he was frugal; he looked to the interest of the people; he sympathized with the lowly; he was opposed to monopolies. In legislation he opposed all classes of monopolies, and was one of the men who believed we had too much legislation.

Gentlemen; I have a word of tribute on this occasion; I can only say that his example is worthy of emulation. His chief delight was in agriculture and in the encouragement of agriculture, and he was elevated to the highest office in the gift of the people of his State, and, as it has been said by the gentleman who has just taken his seat, no has reason to blush that James D. Williams was the Governor of Indiana in the great centennial year.

HON. R. BERRYMAN.

I will only add a few words to what has been so aptly said of the life and public services of James D. Williams. Starting in life without education, but having for his friends a strong arm and an iron will, he battled successfully with life. By economy and business tact as a farmer, he gained property, but never dishonestly. As a public servant, feeling his obligations to God, to man, and himself, his execution of the business thrust upon him showed that he was one of those who "would count life by heart-throbs, when they beat for God, for man, for duty." James D. Williams is dead. His bones moulder where yours and mine must decay. The soil of the valley hides all that remains of a good man, who died with no stain upon his character, no blot upon his name. We can carry in our minds some recollections of him whose voice can no longer be heard, and, so far as we may, emulate his virtues, remembering that in a little while our short lives rounded with a sleep.

HON. J. BUSKIRK.

MR. SPEAKER--In this discussion, as well as others, which I have had the pleasure to hear, the question of whether or not the late Governor was a great man has been made prominent. According to my idea, James D. Williams was a great man. He filled all the positions to which he was called to the satisfaction of the people, and rose from the ranks to the highest place in their gift. It has been said that nothing succeeds like success, and if a man's ability is to be judged by his achievements, Governor Williams was a great man. While listening to the remarks of other members, in which the history of the late Governor has been referred to, I have been reminded of the lines in Horace, which, if my memory serves me, read in this wise: "Pallida mori aequo pulsat pede paupernum tabernas requinque turres." Governor Williams had not the advantages that others had in his early life, but it remains to be seen whether others will retire from public position with the same meed of praise which has been so universally accorded him.

HON. J. W. RYAN.

Panegyrics on the dead it is said, are cheap; yet I feel to-day, Mr. Speaker, that I would not be doing justice to the emotions of my heart did I refrain from an open expression of the real feelings of respect and admiration I have ever entertained for the lamented subject of the resolutions. Indeed. Mr. Speaker, I can truthfully say death has done a sad and cruel work for the people of this Commonwealth in depriving them of the virtuous example, the wise counsel an genial fellowship of the late Governor James Williams. I say the people of the Commonwealth, Mr. Speaker, because the deceased was pre-eminently one of the people, and to be so classed was a source of pride to him. A man whose sterling honest and long life of purity and integrity had won for him the love and confidence not only of those whose pleasure and pride it was to know him personally, but the confidence of all, for all knew of his rugged, unswerving, unpretentious fidelity to truth and virtue; and if he ever erred it was when sympathetic and merciful side of his character was approached and too strongly besieged, because it can be said to his credit that he was in his feelings tender as a woman. He was the type of a class of men fast passing away, who will occupy in the history of this great State a place to which the youth of the future will look with fascinated eyes for examples to emulate, and for the record of virtues to follow. He grew up amid such surroundings as made him from experience well fitted to discharge the duties of the Governor of a plain, hardy people, reared chiefly amid the scenes and associations which follow first upon the settlements of the pioneer. He was a self-made man in the best sense of the term, and the results of the efforts in that direction made him the peer of any Indiana's long line distinguished Governors. Identified closely with the history of the politics of the State almost since its organization, covering periods when the zeal of the party fire burned fiercely, and political excitement ran high, and moral as well as political honesty was tried to its utmost, it can be said truthfully of him, and it gives me pleasure to say of him no breath of suspicion ever touched him, no slander even besmirched his fair and honored name. As a Magistrate, humbly performing official duties for the accommodation and benefit of his neighbors, this period of his official life is pointed to as pure and just. As a member of the Legislature for along period of time, his course in this department of public life is as spotless as the vestments of his burial. As a member of Congress his record is as clear as the sun of noonday. As the Governor of the State he lived respected and admired, and died as deeply and sincerely regretted as any citizen whom death ever called away. When a good man dies the Nation mourns, and the great, kind, sympathetic heart of Indiana will long mourn the death of James D. Williams.

HON. J. B. KENNER.

There is an old custom in Ireland that whoever meets a funeral train he turns about and joins the procession to the last resting place of the departed. I desire,as s a mark of respect to the deceased, to add a word upon these resolutions. The vastness our country, its varied and ever-changing resources, furnish a diversity of questions, and call for the most extensive ability and care of her citizens. In 1851, when Charles Sumner, then a young man, walked down the aisle oft he United States Senate into the arena made famous by the battles page: 104[View Page 104] of the giants, Webster, Clay and Calhoun, he was met by Thomas Benton of Missouri, and grasping Sumner by the hand, he said: "Sumner, you have entered on the stage too late. Our great men have all gone; Calhoun is dead, and Clay Webster are also gone, and with them have gone the great questions arising upon the Constitution. The last of these was the National bank bill. and it is settled forever. You have nothing to do but to wrangle over sectional and unimportant local questions." Alas, how limited is human vision. The sun that to Benton seemed to be sinking into night upon the great Constitutional questions at once rose in great splendor upon greater questions, and there was no night; and Charles Sumner at once led the van, and was the grand leader in the discussion of the greatest question that ever challenged the ability and attention of the American people. The deceased was not a man that would be pronounced great as men in public life are usually gauged, but he had the ability to care fully guard and detect small extravagances which, if left uncared for, grow into corruption and great waste. He had the reputation of honesty, and in all my observation of his political life I have no cause to believe that at the behest of party he swerved from the line of, strict ntegrity, but, standing here to-day, after the earth has inclosed him, and after the bitterness and animosities of a political campaign have passed away, I indulge the hope that proper justice may be done to his memory: Mr. Speaker, the peculiar ability of Governor J. D. Williams was long and well spent in the interest of this State: the State is largely benefited thereby,and his memory is entitled to the reverence of the people. I cordially second the resolutions of the Committee.

HON. W. DAVIS.

The reputation of such men as our late la mented Governor Williams is a matter of just pride to the State of Indiana-it is, indeed a legacy to the whole country. I live in an represent a constituency the extreme northern portion of the State, yet I may say that the estimation in which the memory of James D. Williams is held in Laporte County, on the shores of Lake Michigan, is not lest than that which is accorded here at the State Capital. Could the wishes of thousands prevail, the good would be immortal. Such men as James D. Williams would never die if those who knew him best could set the time for his departure. Blessings brighten as they take their flight. Now, while we did realize during the lifetime of Governor Williams that he was a good and useful man, honest, conscientious and capable, we can not but feel that a still higher estimate should be placed upon his worth now that he is gone from amongst us.

He belonged to that class of persons who, by a native force of character, natural sagacity and plain, old-fashioned common sense, which, with the balance of principle, enabled him to rise above adverse circumstances, compensated for defects, triumphed over obstacles, and made him one of the most prominent and useful men in the State of Indiana. We have here in his career the spectacle presented of a younger Hoosier, deprived of early advantages, uncouth in his personal appearance, winning his way to financial success, and doing honor to the Legislative branch of our State Government for many years, till finally the people said: Come up higher; you have been faithful to the trusts reposed in you; take now the highest position Indiana can give you. And now throughout his term of office as Governor we find the same simple habits, destitute of variety or ostentation, his office open to all, his ear as easy gained as when a private citizen, never criticised severely except for what was thought by some to be a too free use of the pardoning power-too much executive clemency; in this respect it may truly be said that even his failings leaned to virtue's side. Now, on occasion of this kind, it is creditable to human nature that animosities are forgotten. Former differences of opinion and policy cut no figure on these occasions, for few natures are so depraved as to fail to do justice even to an enemy when he has passed away. James D. Williams had, so far as I know, no enemies when living, and certainly none now when dead. The practical consideration is that his example should be of lasting and substantial benefit to those that remain. Those responsibilities now rest upon other shoulders, and I can wish nothing better to him who succeeds to the same high position held by the departed, than that he may so wisely administer the Executive Department of the State of Indiana that at the close of his official term of office he may be entitled to the same grateful remembrance now accorded to the departed.

And then, pursuant the terms of the last resolution reported by the Committee, out of respect to the memory of the late Governor Williams--

The House adjourned till Monday, at 2o'clock p. m.

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