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j^'O xj E isr A^ L

OF THE

HOUSE OF EEPRESENT/\TIVES,

STATE OF INDIA M,

DURING THE

FOllTY-TIIIllD SESSIO?^

GENERAL ASSEMBLY,

COMMENCING THURSDAY, JANUARY 8, 1863.

INDIANAPOLIS:

JOSEPH J. BINGHAM, STATE PRINTER,

1863.

/ ■

J 0 U R N A L

Di^ f\i^ ■iii:^ii-iir''0 i,^\^'^F !>■«'■ a. ^^

During- the forty-third regular sessioii of the General Assembly of
the State of Indiana, begun and held in the City of Indijnapolis,
on Thursday, the eighth day of January, in the year of our Lord
one thousand eight hundred and sixty-three, being the day fixed by
the Constitution of the State for the meeting of the same.

The Hon. Henry Crawford, Principal Clerk of the last session of
this General Assembly, took the chair and called the House to
order.

The Clerk proceeded to call the roll of members, when the fol-
lowing members appeared, presented their credentials, and were
sworn by the Hon. Samuel E. Perkins, one of the Judges of the
Supreme Court, to-wit:

From the County of Adams — Philemon N. Collins.

Fro7n the County of Allen — Ochmig Bird and John P. Shoaff.

From the County of Bartholomeiv — O. H. P. Abbett.

From the County of Boone — Sherman Hostetter.

From the Counties of Boone and Hendricks — Thos. J. Cason.

From the County of Broivn — Stephen B. Cook.

From the County of Carroll — John B. Milroy.

From the County of Cass — Chailes B. Lasselle.

From the County of Clark — Jonas G. Howard.

From the County of Clinton — Cornelius J. Miller.

From the County of Clay — Adam C. Veach.

From the County of Daviess — Noah S. Given.

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c Coiintij of Dearborn — Omer F. Roberts and Alf. Bro-

County of Decatur — Daniel R, Van Buskirk.

County of Delaware — Alfred Kilgore.

County of DeKalb — Miles Waterman.

County of Dubois — Benj. R. Kemji.

County of Elkhart — Matthew Rippey.

Counties of Elkhart and Lagrange — Amos Davis.

Counties of Fayette and Union — Russell B. Perry.

County of Fountain — Solomon Hatfield.

County of Floyd — Geo. V. Howk.

County of Franklin — Redin Osborn.

County of Fulton — Nelson G. Shaffer. .

County of Gibson — Silas M. Holcomb.

County of Grant — Henley James.

County of Greene — John M. Humphreys.

County of Harrison — John Lemmon.

County of Hancock — Geo. Y. Atkison.

Counties of Hancock and Shelby — James L. Mason.

Counties of Hamilton and Tipton — James O'Brien.

County of Henry — Charles D. Morgan.

County of Hendricks — James M. Gregg.

County of Howard — Josiah M. Leeds.

Counties of Huntington and Whitley — Samuel McCau-

County of Jackson — Jason B. Brown.

Counties of Jasper and Pulaski — Paris Robinson.

County of Jennings — John W. Hutchings,

County of Jefferson — David C. Branham and John L.

County of Johnson — Achilles V. Pendleton.

County of Jay — Samuel A. Shoaff.

Counties of Jolinson and Morgan — Thos. W. Woollen,

County of Kosciusko — Henry J. Beyerle.

Counties of Kosciusko and Wabash — Joseph Marshall.

County of Knox — William E. Niblack.

County of Lagrange — Francis P. Griffith.

County of Lake — David K. Pettibone.

County of Laporte — James Forrester and W. W. Hig-

e County of Lawrence — Nathaniel Williams.

From the County of Madison — Ric'hard Lake. /' a

From the County of Marion — John C. Tarkingtoii and Wrn. H,
Kendrick.

Fro7n the Counties of Blarsliall and Starke — Marcus A. O.
Packard.

From the County of Monroe — Samuel H. Buskirk.

From the County of Montg-omery — James F. Harney.

From the County of Morgan — Jarvis J. Johnson.

From the County of Martin — John R. O'Brien.

From the County of Miami — Richard F. Donaldson.

From the County of Noble — Timothy Baker.

From the Counties of Ohio and Switzerland — Robt. N. Lamb. ,

From the County of Orange — Geo. H. Hon,

From the County of Oiven — Jacob Y. Wolfe.

From the County of Parke — Casper Budd.

From the County of Pike — William H. De Bruler.

From the County of Perry — James Hardin.

From the County of Porter — Levi A. Cass.

From the County of Posey — Elijah M. Spencer.

From the County of Putnam — ^^Austin IM. Puett. and George W,
Priest.

From the County of Ripley — Edwin P. Ferris.

From the County of Raiidolph — John A. Moorman.

From the County of Rush — -William S. Hall.

From the County of Scott — Daniel Blocher.

From the County of Spencer — James W. Lemmon.

From the County of Sullivan — Stephen G. Burton.

From the County of Shelby — Jacob Mutz.

From the County of Steuben — Enos B. Noyes.

From the County of St. Joseph — Andrew Anderson, Jr.

From the County of Tippecanoe — Joseph M. Hershey and Sam'l
Mustard.

From the Counties of Vanderburg and, Posey — John A. Reitz.

From the County of Vanderburg — Thomas E. Garvin.

From the County of Vigo — Bayless W. Hanna and John Kemp.

From the County of Wabash — John L. Stone.

From the County of Warren — Benjamin F. Gregory.

From the County of Washington — Jamison Lee.

From the Counties of Washington and Harrison — Aaron L. Har-
den.

From the County of Wayne — Israel Woodruff, Oliver T. Jones,
and Edmund B. Newman.

From the Counties of Wells and Blackford — Geo. S. Howell.
From the Counties of White and Benton — John T. Richardson.
From the County of Warrick — Abraham Chambers. ^,

Mr. Niblack moved that the House proceed to the election of a
Speaker.

Which was agreed to. - .. - *

Mr. Niblack nominated Samuel H. Buskirk, from the county of
Monroe.

Mr, Woodruff nominated David C. Branham, of Jefferson county.

Those who voted for Mr. Buskirk ivere —

Messrs.

Hanna,

Lee,

Puett,

Abbett,

Harden of W.,

Lemmon of H.,

Rietz,

Bird,

Hardin of Perry

Lemmon of S.

Richardson,

Blocher,

Harney,

Mason,

Rippey,

Brogan,

Hetfield,

McCaughey,

Roberts,

Brown,

Holcomb,

Miller,

Shaffer,

Burton,

Hon,

Milroy,

Shoaffof AUen,

Collins,

Howard,

Mutz,

Shoaffof Jay,

Cook,

Howell,

Niblack,

Spencer,

DeBruler,

Howk,

O'Brien of M.,

Veatch,

Donaldson,

Humphries,

Osborne,

Waterman,

Ferrris,

Kemp of Dubois

, Packard,

Williams,

Garvin,

Kemp of Vigo,

Pendleton,

W^olfe,

Given,

Lake,

Priest,

Woollen — 57.

Hall,

Lasselle,

Those who voted for Mr. Branham were-

Messrs.

Forrester,

Jones,

Noyes,

Anderson,

Gregg,

Kendrick,

O'Brien of H.,

Atkison,

Gregory,

Kilgore,

Perry,

Baker,

Griffith,

Lamb,

Pettibone,

Budd,

Hershey,

Leeds,

Robinson,

Beyerle,

Higgins,

Marshall,

Roe,

Cason,

Hostetter,

Moorman,

Stone,

Cass,

Hutchings,

Morgan,

Tarkington,

Chambers, James, Mustard, Van Buskirk,

Davis, Johnson, Newman, Woodruff — 38.

The Chair declared Mr. Buskirk elected Speaker, and appointed
Messrs. Branham and Niblack a committee to conduct him to the
Chair.

Whereupon the Speaker returned his thanks for the honor con-
fen-ed upon him in the following manner :

Gentlemex : — I shall endeavor, by a prompt, faithful, and im-
partial discharge of the varied, arduous and responsible duties of
the Chair, to make to you some slight return for the high and dis-
tinguished honor which you have confeiTed upon me, by selecting
me to preside over your deliberations. I fully appreciate the re-
sponsibility that you have imposed upon me, and I earnestly solicit
your support and co-operation. I confidently trust that at a time
like the present, when our once united, happy, peaceful, and pros-
perous country is distracted, divided, and involved in civil war,
when- the Constitution, the Union of the States, and the liberties
of the people are imperiled; when the land is filled with mourn-
ing; when a hundred thousand of the brave and patriotic sons of
our beloved State are exposed to the dangers, hardships, and priva-
tions of the tented field ; when the people are embarrassed with
individual indebtedness, and oppressed with taxation ; when our
financial, commercial, agricultural, and industrial pursuits are
deranged ; and when our country demands our wisest, best, and
most patriotic efforts, that we, the honored and trusted representa-
tives of the sovereign people will not be influenced by local, per-
sonal, selfish, and partisan considerations, but that we will act the
part of statesmen and patriots, and will take an enlarged, liberal,
comprehensive, and national view of all questions affecting the
interest, honor, and prosperity of our common country.

Mr. Bird moved to proceed to the election of Principal Clerk,
Which was agreed to.

Mr. Holcomb nominated Azariah T. Whittlesey, of Vandcrburg
county.

Mr. Van Buskirk nominated Henry Crawford, of Floyd county.

Those who voted for Mr. Wliittlesey were — , .'.i.

Mes?r?.

Hall,

Lasselle,

Puett,

Abbett,

Hanna,

Lee,

S.eitz,

Bird,

Harden of W.,

Lcmmon of H.

, Richardson,

Bloucher,

Hardin of Perry

, Lemmon of S.,

Rippey,

Brogan,

Harney,

IMason,

Roberts,

Brown,

Hetfield,

McCaughey,

Shaffer,

Burton,

Holeomb,

Miller,

Shoafl' of Allen

Buskirk,

Hon,

Milroy,

Shoaff of Jay,

Collins,

Howard,

IMutz,

Spencer,

Cook,

Howell,

Niblack,

Veatch,

DeBruler,

Howk,

O'Brien of M.,

Waterman,

Donaldson,

Humphries,

Osborne,

Williams,

Ferris,

Kemp of Dubois, Packard,

Wolfe,

Garvin,

Kemp of Vigo,

Pendleton.

Woollen — 58.

Given,

Lake,

Priest,

Those ivho voted for Mr. Craivford were —

Messrs.

Forrester,

Jones,

Noyes,

Anderson,

Gregg,

Kendrick,

O'Brien of H.,

Atkison,

Gregory,

Kilgore,

Perry,

Baker,

Griffith,

Lamb,

Petty bone,

Branham,

Hershey,

Leeds,

Robinson,

Budd,

Higgins,

Marshall,

Roe,

Beyerle,

Hostetter,

Moorman.

Stone,

Cason,

Hutchings,

Morgan,

Tarkington,

Cass,

James,

Mustard,

Van Buskirk,

Chambers,

Johnson,

Newman,

Woodruff— 40.

Davis,

Mr. Whittlesey was declared elected and sworn into office by the
Hon. Solomon Claypool, Judge of the Circuit Court, and entered
upon the discharge of his duties.

A message from the Senate, by the hand of W. H. Drapier, late
a Secretary thereof:

Mr. Speaker:

I am directed to report to the House the passage by the Senate
of the following resolution:

Resolved, That the House be informed that the Senate have

convened, formed a quorum, and organized by the election of Paris
'C. Dunning, of Monroe county, President; James Vawter, of Jen-
nings county. Principal Secretary; Samuel R. Hamill, of Sullivan
county. Assistant Secretary; William H. Montgomery, of Martin
county. Principal Doorkeeper; Bruce Shields, of Jackson county,
Assistant Doorkeeper; and that they are now ready to proceed to
legislative business.

Mr. Ferris moved to enter into the election of Assistant Clerk,
Which was agreed to.

Mr. Holcomb nominated Mr. Joseph J. Davis, of Fulton county.
Mr. Beyerle nominated Mr. Oliver Musselman, of Kosciusko
county. ■ ,

Those who voted for Mr. Davis were —

Messrs.

Gregg,

Lake,

Priest,

Abbett,

Hall,

Lasselle,

Puett,

Birdd,

Hanna,

Lee,

Reitz,

Blocher,

Harden of W.,

Lemmon of H.

, Richardson,

Brogan,

Hardin of Perry,

, Lemmon of S.,

Rippey,

Brown,

Harney,

Mason,

Roberts,

Burton,

Hetfield,

McCaughey,

Shafi'er,

Buskirk,

Holcomb,

Miller,

ShoafFof Allen,

Collins,

Hon,

Milroy,

Shoaff of Jay,

Cook,

Howard,

Mutz,

Spencer,

De Bruler,

Howell,

Niblack,

Veach,

Donaldson.

Howk,

O'Brien of M.,

Waterman,,

Ferris,

Humphries,

Osborne,

Williams,

C4arvin,

Kemp of Dubois

, Packard,

Wolfe,

Given,

Kemp of Vigo,

Pendleton,

Woollen— 59.

Those who voted for Mr. Musselman were —

Messrs.

Forrester,

Kendrick,

O'Brien of H.,

Anderson,

Gregory,

Kilgore,

Perry,

Atkison,

Griffith,

Lamb,

Pettibone,

Baker,

Hershey,

Leeds,

Robinson,

Branham,

Higgins,

Marshall,

Roe,

Budd,

Hostetter,

Moorman,

Stone,

Beyerle,

Hutchings,

Morgan,

Tarkington,

Cass, James, Mustard, Van Buskirk,

Chambers, Johnson, Newman, Woodruff — 38.

Davis, Jones, Noyes,

Mr. Davis was declared elected, was sworn into office by Hon.
Solomon Claypool, and entered upon the discharge of his duties.

Mr. Osborne moved that the House proceed to the election of
Principal Doorkeeper.
Which was agreed to.

Mr. Griffith nominated Elisha Spellman.
IVIr. Hall nominated Benedict Burns.

Those zvho voted for Mr. Burns were-

Messrs.

Hall,

Lee,

Richardson,

Abbett,

Hanna,

Lemmon of H.,

Rippey,

Bird,

Harden of W.,

Lemmon of S.,

Roberts,

Blocher,

Hardin of Perry

, Mason,

Robinson,

Brogan,

Harney,

McCaughey,

Shaffer,

Brown,

Hetfield,

Miller,

Shoaff of Allen,

Budd,

Holcomb,

Milroy,

ShoafFof Jay,

Burton,

Hon,

Mutz,

Spencer,

Collins,

Howard,

Niblack,

Veach,

Cook,

Howell,

O'Brien of M.,

Waterman,

DeBruler,

Howk,

Osborn,

Williams,

Donaldson,

Humphreys,

Packard,

Wolfe,

Ferris,

Kemp of Dubois, Pendleton,

Woollen and

Garvin,

Kemp of Vigo,

Priest,

Mr. Speaker-61,

Given,

Lake,

Puett,

Gregg,

Lasselle,

Reitz,

Those who voted for Mr.

Spellman were —

Messrs.

Gregory,

Kendrick,

O'Brien of H.,

Anderson,

Griffith,

Kilgore,

Perry,

Baker,

Hershey,

Lamb,

Pettibone,

Branham,

Higgins,

Leeds,

Roe,

Beyerle,

Hostetter,

Marshall,

Stone,

Cass,

Hutchings,

Moorman,

Tarkington,

Chambers,

James,

Morgan,

Van Buskirk,

Davis,

Johnson,

Mustard,

Woodrufi— 35.

Forrester,

Jones,

Newman,

Mr. Burns having received a majority of all the votes cast, was
declared by the Speaker to be duly elected, and was sworn in.

Mr. Niblack moved that the House proceed to the election of a
Sergeant-at- A.rms,

Which was agreed to.

Mr. Hanna nominated for that office Michael Griffin, of Vigo
county.

Those luho voted for Mr. Griffin were —

Messrs.

Hanna,

Lemmon of H.,

, Richardson,

Abbett,

Harden o

f W.,

Lemmon of S.,

Rippey,

Bird,

Hardin of

Perry.

, Mason,

Roberts,

Blocher,

Harney,

McCaughey,

Robinson,

Brogan,

Hetfield,

Miller,

Shaffer,

Brown,

Holcomb,

Milroy,

Shoaff of Allen,

Burton,

Hon,

Mustard,

ShoalT of Jay,

Collins,

Howell,

Mutz,

Spencer,

Cook,

Howard,

Niblack,

Tarkington,

DeBruler,

Howk,

O'Brien of IVL,

Veatch,

Ferris,

Humphries,

Osborne,

Waterman,

Forrester,

Kemp of Dubois

, Packard,

Williams,

Garvin,

Kemp of

Vigo,

Pendleton,

Wolfe,

Given,

Lake,

Priest,

Woollen, and

Gregg,

Lasselle,

Puett,

Mr. Speaker-62.

Hall,

Lee,

Reitz,

The following members voted for Stephen McDonald, of iew
nings county:

Messrs. Griffith, Hutchings, and Robinson — 3.

lank— 24.

Mr. Griffin was declared by the Speaker to be duly elected,
when he* appeared, and the oath of office was administered by
Hon. Solomon Claypool, Judge of the Sixth Judicial Circuit.

Mr. Niblack offered the following:

Resolved, That the Senate be informed that the House of Rep-
resentatives have convened, formed a quorum, and organized by
the election of the Hon. Samuel H. Buskirk, a Representative

from the county of Monroe, as Speaker; Azariah T. Whittlesey,
of Vanderburg county, Principal Clerk; Joseph J. Davis, of Ful-
ton county, Assistant Clerk ; Benedict Burns, of Rush county, as
Doorkeeper; and Michael Griffin, of Vigo county, as Sergeant-at-
Arms; and that the House is now ready to proceed with the legis-
lative business of the session.

Mr. Packard offered tlie following resolution:

Be it resolved by the House of Representatives {the Seriate con-
curring), That a committee of three on the part of the House, and
two on the part of the Senate, be appointed to invite some minis-
ter of the Gospel to open the General Assembly with prayer im-
mediately preceding the delivery of the message by his Excellency,
the Governor.

Which resolution was agreed to.

The Speaker appointed Messrs. Packard, Niblack, and Van Bus-
kirk said committee.

Mr. Waterman offered the following resolution:

Resolved, That the Rules adopted for the government of the last
House of Representatives be adopted as the Rules of this House,
until otherwise ordered; and that the Doorkeeper be directed to
furnish each member with a copy of said Rules.

Mr. Jones, of Wayne, offered the following resolution :

Whereas, The suppression of the rebellion, the restoration and
preservation of the Union of all the States, is the great and
paramount object of all loyal citizens; therefore, be it

Resolved, That the members of this Legislature will vote for no
man for office who is not in favor of a vigorous prosecution of the
war, and who is not unalterably opposed to the severance of any
State or States of the Union.

Mr. Roberts moved to refer the resolution to the Committee on
Federal Relations.

Mr. Miller moved the previous question,
Which was seconded by the House.

The main question being upon the reference of said resolution,
Messrs. Atkison and Noyes demanded the ayes and noes.

Those who voted in the affirmative ivere —

Messrs.

HaU,

Lee,

Reitz,

Abbett,

Hanna, •

Lemmon of H..

, Richardson,

Bird,

Harden of W.,

Lemmon of S.,

Rippey,

Blocher,

Hardin of Perry

, Mason,

Roberts,

Brogan,

Harney,

McCaughey,

Shaffer,

Brown,

Hetfield,

Miller,

Shoaff of Allen,

Button,

Holcomb,

Milroy,

Shoaff of Jay,

Cass,

Howard,

Mutz,

Spencer,

Collins,

Howell,

Niblack,

Veatch,

Cook,

Howk,

O'Brien of M.,

Waterman,

DeBruler,

Humphreys,

Osborne,

Williams,

Donaldson,

Kera p of Dubois, Packard,

Wolfe,

Ferris,

Kemp of Vigo,

Pendleton,

Woollen,

Cxarvin,

Lake,

Priest,

Mr. Speaker-58.

Given,

Lasselle,

Puett,

Those

ivho voted in the negative ivere —

Messrs.

Gregg,

Jones,

Noyes,

Anderson,

Gregory,

Kendrick,

O'Brien of H.,

Atkison,

Griffith,

Kilgore,

Perry,

Baker,

Hershey,

Lamb,

Pettibone,

Branham,

Higgins,

Leeds,

Robinson,

Budd,

Hon,

Marshall,

Roe,

B eyerie.

Hostetter.

Moorman,

Tarkington,

Cason,

Hutchings,

Morgan,

Van Buskirk,

Chambers,

James,

Mustard,

Woodruff— 38.

Forrester,

Johnson,

Newman,

So the resolution was referred.

Mr. Hanna offered the followinsf resolution:

Whereas, The Secretary of War of the United States, in his late
official report, has declared that the political arrests that have
been made in the various States were made by the advice and
consent of the several Governors thereof; therefore.

Resolved, That His Excellency, Governor Oliver P. Morton, be

requested, at an early day, to furnish this House with the facts in
relation to the political arrests that have been made throughout the
State of Indiana.

Which resolution was adopted.

Mr. Newman ofiered the following :

Resolved., That the newspaper reporters be allowed seats inside
the Bar, for the purpose of reporting the proceedings of this
House.

Adopted.

Mr. Brown gave notice that he would, at a subsequent day, in-
troduce a resolution to have appointed a special committee, who
shall have power to send for persons and papers, and to compel at-
tendance, and whose duty it shall be to ascertain the number of
political arrests that have been made in the State of Indiana, and
to report by bill or otherwise, the proper and necessary legislation
to prevent such outrages.

Mr. Gritfith offered the following resolution :

Whereas, The election law of Indiana requires that every voter
shall cast his ballot in the township or precinct in which he may
reside, and consequently those brave men who are in the field, bat-
tling for the supremacy of the law and the integrity of the Union,
are thereby disfranchised, therefore, ■

Be it resolved, That the Judiciary Committee be directed to in-
quire into the expediency of reporting a bill so amending said law
as to confer upon the Indiana Volunteers, now in the service of
the United States, the privilege and right of voting for State and
county officers at all elections held therefor, and that they report at
the earliest practicable moment.

The resolution was referred to the Committee on the Judiciary.

Mr. Moorman of Randolph, ofiered the following resolution ;

Resolved, That a committee of three be appointed, to act with
a like committee on the part of the Senate, to wait upon his Ex-
cellency, the Governor, and inquire when it will suit his conveni-
ence to deliver his Message to the General Assembly.

The resolution was adopted. • •

The Speaker appointed the -following gentlemen as such com-
mittee :

Messrs. Mooraian, Branhara, and Hanna.

Mr. Woodruff offered the following resolution :

Resolved, That the Doorkeeper be directed to place a copy of
the Revised Statutes, and Journals of the last session, on the desk
of each member.

Adopted.

Mr. Miller offered the following resolution :

Resolved, (the Senate concurring), That we meet in Joint Con-
vention in this Hall, on to-morrow, at the hour of 2 P. M., for the
purpose of electing two United States Senators, one to run until
the 4th day of March, 1863, and the other for the term of six years
from that date, and make that the order of business until the same
is through with, except to receive communications from the Gov-
ernor.

The resolution was adopted, and the Clerk ordered to inform the
Senate thereof.

Mr. Branham moved to adjourn.

The House refused to adjourn.

Mr. Griffith offered the following resolution :

Resolved, That the Doorkeeper of this House be directed to
contract with the proprietors of the Daily Indiana Sentinel and
Daily Indiana State Journal, for three copies each of said papers,
for the use of the members and elective officers thereof, two copies
of each to be enveloped and stamped for mailing.

Mr. Given moved to insert "fiLve," instead of "three," as to the
number of copies.

Not adopted.

Mr. Roberts moved to insert the Volksblatt.

Adopted.

The resolution, as amended, was then adopted.

On motion of Mr. Holcomb,
The House adjourned until two o'clock.

2 o'clock, p. m.

House met.

The following message was received from the Senate, by Mr.
Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has adopted the following resolution :

Resolved, That a committee of three be appointed to act with
a like committee on the part of the House, to wait upon his Excel-
lency, the Governor, inform him of the organization of the Gene-
ral Assembly, and inquire of him when it will be convenient for
him to deliver his Message to the General Assembly, in which the
concurrence of the House is requested, and have appointed Sena-
tors Ray, Davis of Parke, and Hoagland said committee on part of
the Senate.

The House concurred in the resolution, and the Speaker ap-
pointed Messrs. Moorman, Branham and Hanna, on the part of the
House.

Mr. Irad Abdill, Representative from Vermillion county, ap-
peared, presented his credentials and was sworn by the Speaker.

Mr. Moorman offered the following resolution :

Resolved, That the Librarian be directed to procure as economi-
cally as possible, all stationery necessary for the use of the House
during the present session, and safely keep the same in the library

room, under his own charge, subject to be delivered to the Princi-
pal Clerk and Members of the House, in such quantities as they
may require, upon written order, to be delivered to said Librarian
as the same is obtained, which order the Librarian shall retain and
carefully tile, as vouchers of the amount so delivered.

Mr. Packard moved to refer the resolution to a select committee
of five.

A division of the House being called for, the resolution was
referred to the following as a select committee appointed by the
Speaker — Messrs. Moorman, Packard, Milroy, Mustard and Mason.

Mr. Morgan offered the following resolution:

Resolved, That the thanks of the General Assembly be tendered
to Major-General Rosecrans, and the officers and privates who
served under him, for their brave and heroic conduct in the late and
terrible battle recently fought near Murfreesboro ; and that we sin-
cerely sympathize with the friends and relations of the many
patriots who there sacrificed their lives in behalf of their country ;
and that a copy of this resolution be transmitted by the Clerk to
the commanding officer of each regiment engaged in the late battle
of Murfresboro.

Messrs. Kendrick and Branham demanded the ayes and noes on
the passage of the resolution.

Those IV ho voted in the affirmative were —

Messrs.

Gregory,

Lake,

Perry,

Abbett,

Griffith,

Lamb,

Pettibone.

Abdill,

Hall,

Lasselle,

Priest,

Anderson,

Hanna,

Lee,

Puett,

Atkison,

Harden of

W.,

Leeds,

Reitz,

Baker,

Hardin of

Perry, licmmon of H.,

1 Richardson,

Bird, .

Harney,

Lemmon of S.,

Rippey,

Blocher,

Hetfield,

Marshall,

Roberts,

Branham,

Hershey,

Mason,

Robinson,

Brogan,

Higgins, ■

McCaughey,

Roe,

Brown,

Holcomb,

Miller,

Shaffbr,

Budd,

Hon,

Milroy,

Shoafi" of Allen,

Burton,

TT T

Hostetter,

Moorman,

Shoaff of Jay,

H. J.— 2

B eyerie,

Howard,

Morgan,

Spencer,

Cason,

Howell,

Mustard,

Stone,

Cass,

Howk,

Mutz,

Tarkington,

Chambers.

Humphreys,

Newman,

Van Buskirk,

Collins,

Hutchings,

Niblack,

Veach,

Cook,

James,

Noyes,

Waterman,

Davis,

Johnson,

O'Brien of K,

Williams,

Donaldson,

Jones,

O'Brien of

M.,

Wolfe,

Ferris,

Kemp of Dubois, Osborn,

Woodruff,

Forrester,

Kemp of Vigo,

Packard,

Woollen,

Garvin,

Kendrick,

Pendleton,

Mr. Speaker-92

Gregg,

Kilgore,

So the resolution was unanimously adopted.

Mr. Holcomb offered the following resolution :

Resolved by the House of Representatives, {the Senate concurring-
therein,) That our Senators be instructed, and our Representatives
in Congress requested to cast their votes and use their influence in
favor of a law reducing the pay of all commissioned officers in the
army of the United States, at least twenty-five per cent., and rais-
incf the pay of all privates in said service at least four dollars per
month.

Mr. Branham moved to strike out all relative to the pay of
officers.

Mr. Brown moved to lay the amendment on the table.

Messrs. Brown and Packard having demanded the ayes and noes,

Those ivho voted in the affirmative were —

Messrs.

Given,

Kemp of Vigo,

Puett.

Abbett,

Gregory,

Lake,

Reitz,

Abdill,

Hall,

Lasselle,

Richardson,

Atkison,

Hanna,

Lee,

Rippey,

Baker,

Harden of W.,

Lemmon of H.,

Roberts,

Bird,

Hardin of

Perry

Lemmon of S.,

Robinson,

Blocher.

Harney,

Mason,

Shaffer,

Brogan,

Hetfield,

McCaughey,

Shoaff of Allen,

Brown,

Hershey,

MUler,

Shoaff of Jay,

Burton,

Holcomb,

Mustard,

Spencer,

Beyerle,

Hon,

Mutz,

Veach,

Chambers,

Collins,

Cook,

Donaldson,

Ferris,

Garvin,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

Kemp of Dnbois, Priest,

Nil)lack,
O'Brien of M.,
0;;born,
Packard,
Pendleton,

Waterman,

Williams,

Wolfe,

Woollen,

Mr. Speaker-66.

Those who voted in the nesrative were —

Messrs.

Higgins,

Leeds,

Perry,

Anderson,

Hatchings,

Marshall,

Pettibone,

Branham,

James,

Milroy,

Roe,

Budd,

Johnson,

Moorman,

Stone,

Cass,

Jones,

Newman,

Tarkington,

Davis,

Kendrick,

Noyes,

Van Buskirk and

Forrester,

Kilgore,

O'Brien of H.,

AVoodruff— 29.

Griffith,

Lamb,

The question being then on the adoption of the resolution.
Those who voted in the affirmative were —

Messrs.

Harden of W.,

Lee,

Puett,

Abbett,

Hardin of Perry

, Leeds,

Reitz,

Abdill,

Harney,

Lemmon of H.

, Richardson,

Atkison,

Hetfield,

Lemmon of S.,

Rippey,

Blocher,

Hcrshey,

Mason,

Roberts,

Brogan,

Holcomb.

McCaughey,

Robinson,

Brown,

Hon,

Miller, ""

Roe,

Barton,

Hostetter,

Milroy,

Shaffer,

Bey e lie,

How aid.

Mustard,

Shoaff of Allen,

Cass,

Howell,

Mutz,

ShoafF of Jay,

Chambers,

Howk,

Newman,

Spencer,

Cook,

Humphreys,

Niblack,

Tarkington,

Donaldson.

Hatchings,

O'Brien of H.,

Veatch,

Ferris,

Johnson,

O'Brien of M.,

Waterman,

Garvin,

Kemp of Dubois

i, Osborne,

Williams,

Given,

Kemp of Vigo,

Packard,

Wolfe,

Gregory,

Kilgore,

Pendleton,

Woodruff,

Griffith,

Lake,

Perry,

Woollen,

Hall,

Lamb,

Pettibone,

Mr. Speaker-78..

Hanna,

Lasselle,

Priest,

Those ivho voted in the negative ivere-

Messrs.

Burton,

Jones,

Noyes.

Anderson,

Davis,

Kendrick,

Stone,

Bird,

Hi^ajins,

Marshall,

Van Buskirk-15,

Branham,

James,

Moorman,

]Mr. Howk offered the following concurrent resolution :

Resolved by the House, {the Senate concnrring,) That a joint

committee of be raised, consisting of five members from the

House and from the Senate, to whom shall be referred for re-
vision the joint rules of the two Houses.

Resolved, further, That the rules for the government of this
House be referred for revision to the members of said committee
from this House.

Adopted.

The Speaker appointed the following said committee on the part
of the House :

Messrs. Howk, Niblack, Branham, Wolfe, and Newman.

Mr. Burton offered the following resolution :

Resolved by the House of Representatives, [the Senate concur-
ring,) That our Senators in Congress be instructed, and our Rep-
resentatives be requested to oppose, by all honorable means, every
bill or proposition which indorses the President of the United
States in his infamous Abolition Proclamation, and which may
look directly or indirectly to its faithful execution.

Mr. Noyes moved to refer the resolution to the Committee on
Federal Relations, and, upon that question,

Messrs. Newman and Griffith demanded the ayes and noes.

Those %vho voted in the affirmative were —

Lamb, Pendleton,

Lasselle, P^rry,

Leeds, Puett,

Lemmon of H., Reitz,
Mason, Richardson,

Messrs.

Harden of W.

Abdill,

Hardin of P.,

Anderson,

Harney,

Baker,

Hatfield,

Bird,

Hershey,

Brown,

Holcomb,

McCaughey,

Rippey,

Budd,

Hon,

Miller,

Shaffer,

Burton,

Howard,

Milroy,

Shoaff of A.,

Cass,

Howell,

Morgan,

Shoaff of J.,

Collins,

Howk,

Mustard,

Spencer,

Cook,

James,

Mutz,

Veach,

Davis,

Johnson,

Niblack,

Waterman,

Donaldson,

Kemp of D.,

Noyes,

Williams,

Garvin,

Kemp of v..

O'Brien of M.,

W^olfe,

Gregory,

Kilgore,

0 shorn,

Woollen, and

Griffith,

Lake,

Packard,

Mr. Speaker-64.

Hanna,

Those luho voted

in the negative were —

Messrs.

Forrester,

Kendrick,

Priest,

Abbett,

Given,

' Lee,

Robinson,

Atkison,

Hall,

Lemmon of S.,

, Roe,

Bloc her,

Higgins,

Marshal],

Stone,

Brogan,

Hostetter,

Moorman,

Tarkington,

Beyerle,

Humphreys,

Newman,

Van Busldrk,

Chambers,

Hutchings,

O'Brien of H.,

Woodruff— 30.

Ferris,

Jones,

Pettibone,

So the re:

solution was refcrrt

;d.

Mr. Van Buskirk offered the following resolution :

Resolved, That to the number of newspapers ordered by the res-
olution passed this morning, we add three copies of the Evening
Gazette for each member.

Mr. Holcomb moved to lay the resolution on the table.

Carried.

Mr. Newman offered the following resolution :

Resolved, That the Doorkeeper be instructed to obtain from the
Secretary of State all the documents published by law for distribu-
tion, including the reports of the State Officers, Penitentiary, Be-
nevolent Institutions, &c., and place the pro rata share of each
member on his desk as early as practicable.

Aarreed to.

22
On motion of Mr. Hanna,
The House adjourned until to-morrow at 9 o'clock, A. M.

FRIDAY MORNING, 9 o'clock, (
January 9, 1863. j

The House met pursuant to adjournm.ent.

The journal was read and approved.

The following message was received from the Governor, by Mr.
Holloway, his Private Secretary:

Executive Department, )
Indianapolis, January 8, 1863. \

To the House of Represe7itatwes,

of the State of Indiana :

You are informed that William R. Holloway, my Private Sec-
tary, is authorized to make communications to your body in my
behalf.

O. P. MORTON,

Governor of Indiana.

Mi\ Newman offered the following resolution:

Resolved, That the Committee of Ways and Means be in-
structed to allow no claims to go into the Specific Appropriation
Bill, which shall not have been presented at least ten days before
the expiration of the session, unless the claim shall have accrued
within, or during the last twelve days of the session.

Mr. Niblack moved to refer said resolution to the Committee on
Ways and Means.

Which was agreed to.

Mr. Mutz offered the following resolution :

Resolved, That the Doorkeeper be requested to furnish each
member with three dollars worth of postage stamps.

Mr. Packard moved to refer the resolution to the select commit-
tee on Stationery.
Adopted.

Mr. Holcomb asked and obtained leave of absence, on account
of sickness, for Mr. DeBruler.
', Mr. Miller offered the following resolution :

Resolved, That the Committee on the Judiciary be instructed to
inquire whether additional legislation, for the purpose of more
effectually enforcing the spirit and intent of the 13th Article of the
Constitution, is practicable and expedient, and, if so, to report a
bill fully embracing such legislation.

Adopted.

Mr. Given offered the following resolution :

Whereas, Many citizens of this State have been aiTested by
persons acting, or pretending to be acting, under the authority of
the General Government, and have been confined in military pri-
sons, or camps, without any public charge being preferred against
them, and without any opportunity being allov/ed them to learn or
disprove the charges made, or alleged to be made, against them,
and refused a trial. There being no insurrection, or rebellion, or
any otlier obstruction to the constitutional authority of the General
Government, existing within this State;

And whereas, It is a sacred right, guaranteed to every citizen
by the Constitution of our common country, that he shall not be
deprived of his liberty unless by due process of law, and when ar-
rested shall have a speedy and public trial by an impartial jury —
be informed of the nature and cause of the accusation — and be
confronted by the witness against him ; therefore,

Resolved, That the House of Representatives of the General
Assembly of the State of Indiana, do hereby denounce and con-
demn all such arrests as acts of tyranny, a flagrant violation of the
rights of the people, as unwarranted by the laws and Constitution
under which we live, and do hereby demand that all such arrests
shall hereafter cease.

Mr. Newmun moved to lay the resolution on the table.
Messrs. Newman and Griffith demanded the ayes and noes.

Those IV ho voted in the affinnative were —

Messrs.

Chambers,

Johnson,

Newman,

Abdill,

Davis,

Jones,

Noycs,

Anderson,

Forrester,

Kendrick,

O'Brien of H.,

Atkison,

Gregory,

Kilgore,

Perry,

Baker,

Griffith,

Lamb,

Pettibone, _ .

Branhani,

Hershey,

Leeds,

Robinson,

Budd,

Higgins,

Marshall,

Roe,

Beyerle,

Hos tetter,

Moorman,

Stone,

Cason,

Hatchings,

Morgan,

Van Buskirk,

Cass,

James,

Mustard,

Woodrutt— 39.

Those who voted in the negative ivere —

Messrs.

Harden of W.,

Lemmon of H..

, Richardson,

Abbett,

Hardin, of P.,

Lemmon of S-,

Rippey,

Bird,

Harney,

Mason,

Roberts,

Blocher,

Hetfield,

MeCaughey,

Shaffer,

Brogan,

Holcomb,

Miller,

Shoaffof A.,

Brown,

Hon,

Milroy,

Shoaff of J.

Burton,

Howard,

Mutz,

Spencer,

Collins,

Howell,

Ni black.

Tarkington,

Cook,

Howk,

O'Brien of M.,

Veach,

Donaldson,

Humphreys,

Osborn,

Waterman,

Ferris,

Kemp of D.,

Packard,

Williams,

Garvin,

Kemp of v..

Pendleton,

Wolfe,

Given,

Lake,

Priest,

Woollen, and

Hall,

Lasselle,

Puett,

Mr. Speaker-58

Hanna,

Lee,

Reitz,

So the motion was lost.

Mr. Richardson moved to refer the resolution to the Committee
on Federal Relations.

Lost.

Mr. Miller demanded the previous question.

Mr. Anderson moved to adjourn.

And the ayes and noes being demanded by ten members,
Those who voted in the offirmative were —

Messrs.

Forrester,

Jones,

Noyes,

Abdill,

Gregg,

Kendrick,

O'Brien of

Anderson,

Gregory,

Kilgore,

Perry,

Baker.

(Trilhlh,

Lamb,

Pettibone,

Branham,

Hershey,

Leeds,

Robinson,

Bndd,

Higgins,

Marshall,

Roe,

Beyerle,

Hostetter,

Moorman,

Stone,

t'ason,

HuTehings,

Morgan,

Van Bnski

Cass,

James,

Mustard,

Wolfe,

Chambers,

Johnson,

Newman,

Woodruff—

Davis,

PL,

rk.

Those ivlio voted in the 7ie<jcative ivere —

Messrs.

Abbett,

Atkison,

Bird,

Bloc her,

Brogan,

Brown, .

Burton,

Collins,

Cook,

Donaldson,

Ferris,

Garvin,

Given,

Hall,

Hanna,

Harden of W.,

Hardin of Perry,

Harney,

Pletfield,

Plolcomb,

Hon,

Howard,

Howell,

Howk,

Humphreys,

Kemp of Dubois,

Kemp of Vigo,

Lake,

Lasselle,

Lee,

Lemmon of H.,

Lemmon of S.,

Mason,

MeCanghey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Priest,

Puett,

Reitz,

Richardson,

Rippey,

Roberts,

Shafler,

Shoatf of Allen,

ShoatI of Jay,

Spencer,

Tarkington,

Veatch,

Waterman,

Williams,

Woollen,

Mr. Speaker-58.

So the House refused to adjourn.

The main question being ordered,

Messrs. Anderson and Packard demanded the ayes and noes on
the passage of the resolution.

Those ivho voted in the affinnative were-

Messrs.

Hanna,

Lee,

Reitz,

Abbett.

Harden of W.,

Lemmon of H.

, Richardson,

Atkison,

Bird,

Bloolier,

Hardin of Perry, Lemmon of S.,
Harney, Mason,
Hetfield, McCaughey,

Rippey,
Roberts,
Shaffer,

Brogan,

Holcomb,

Miller,

Shoaff of Allen,

Brown,

Barton,

Hon,

Howard,

Milroy,
Mutz,

Shoaff of Jay,
Spencer,

Collins,

Howell,

Niblack,

Veatch,

Cook,

Hovv'k,

O'Brien of M.,

AVaterman,

Donaldson,

Humphreys,

Osborne,

Williams,

Ferris,

Kemp of Dubois

, Packard,

Wolfe,

Garvin,

Kemp of Vigo,

Pendleton,

Woollen,

Given,
Hall,

Lake,
Lasselle,

Priest,
Puett,

Mr. Speaker-58.

Those who voted in the ne<rative were —

Messrs.

Gregory,

Kilgore.

Pettibone,

Abdill,

Griffith,

Lamb,

Robinson,

Anderson,

Hershey,

Moorman,

Roe,

Baker,

Higgins,

Morgan,

Stone,

Branham,

Hostetter,

Mustard,

Tarkington,

Budd,

Johnson,

Newman,

Van Buskirk.

Cason,

Jones,

Noyes,

Woodruff— 30,

Cass,

Kendriek,

O'Brien of H.,

So the resolution was adopted.

Mr. Brown offered the following resolution : .

Whereas, The Constitution of the United States and of the
State of Indiana solemnly guarantee to the people thereof, freedom
of speech, freedom of the press, the sacred right of the wa-it of
habeas corpus, security from arrest without due process of law, and
that in all criminal prosecution the accused shall enjoy the right to
a speedy and public trial by an impartial jury of the State and
district wherein the crime shall have been committed, and to be
informed of the nature and cause of the accusation, to be con-
fronted with the witnesses against him, and have compulsory
process for obtaining witnesses, counsel, &c.

And Whereas, We have witnessed within the past twenty

months the violation of all these provisions so indispensable to a
free government, and necessary for tlie enjoyment of public liberty,
by means alike arbitrary, violent, insulting and degrading, to a
'degree unknown to any government on earth except those avow-
edly and notoriously wicked, cruel and despotic.

And Whereas, We, the representatives of the people, assem-
bled in a legislative capacity, charged with the high duty of enact-
ing laws for the protection of the people and the preservation of
their rights, deem it our first duty to ascertain the facts connected
with the criminal usurpation and wrongs which have been prac-
tised by political arrests; and in order to give those who have
unlawfully made them, or caused them to be made, the prominence
to a position of lasting infamy which their conduct merits, alike as
to punishment, and as a warning to others hereafter, and enable us
to act intelligently and efficiently in providing such legislation as
will prevent their repetition ; therefore.

Resolved^ That a committee of one from each Congressional
District of this State be appointed by this House, whose duty
it shall be to report to this body the number of arrests for
political causes, made within the limits of the State, and all the
facts connected with each ; showing by v/hose order, procurement,
or influence, either immediate or remote, the arrests were made,
the place, time, and manner of the same, and by whom made ; the
charges (if any) made against them, and the probability of their
truth or falsity, the place and duration of their imprisonment and
treatment, the trial, or opportunity for trial, which they may have ■
had, if any ; the circumstances of their discharge, if discharged ;
the injury to their persons or families (if any) which have resulted
from their unlawful detention, and the damages or pecuniary loss
sustained by them in consequence of their imprisonment.

Resolved, That said committee also inquire into and report if
there have been obstructions to the free exercise of the liberty of
speech, or press, or any abridgment thereof, within the past two
years, in this State, and if so, report the facts connected therewith.

Resolved, That said committee be authorized to report a bill that
shall contain provisions adequate to protect the people from arbi-
trary commission of unconstitutional acts by such penalties and
punishment upon those guilty of the same, as may effectually pre-
vent their repetition, and provide means for redress and restitution

by damages, or otherwise to requite their wrongs, while serving as
an exemplary warning to other usm-pers in all time to come.

Resolved, That said committee be and are hereby authorized
and empowered to send for persons and papers, or visit any locality
within the State that may be deemed necessary to the full and
complete discharge of their duty.

Mr. Tarkitigton moved to strike out the preamble.
Mr. Packard moved to lay the motion of Mr. Tarkington upon
the table,
And,

Upon a division of the House,
The motion was adopted.

Mr. Packard moved the previous question.

Which was seconded by the House, and the main question
ordered.

Messrs. Packard and Roberts demanded the ayes and noes on the
passage of the resolution.

Those ivho voted in the affirmative were —

Messrs.

Harden of

W.,

Lemmon of H.

, Richardson,

Abbett,

Hardin of Perry

, Lemmon of S.,

Rippey,

Atkison,

Harney,

Mason,

Roberts,

Bird,

Plettield,

McCaughey,

Robinson,

Blocher,

Holcomb,

Miller, "^

Shaffer,

Brogan,

Hon,

Milroy,

Shoaif of Allen.

Brown,

Howard,

Mutz,

Shoaff of Jay,

Barton,

Howell,

Niblack,

Spencer,

Collins,

Howk,

O'Brien of M.,

Stone,

Cook,

Humphreys

Osborne,

Veatch,

Denaldson,

Kemp of Dubois

, Packard,

Waterman,

Ferris,

Kemp of \

'igo,

Pendleton,

Williams,

C4arvin,

Lake,

Priest,

Wolfe,

Given,

Lasselle,

Puett,

Woollen,

Hall,

Lee,

Reitz,

Mr. Speaker-60.

Hanna,

Those who voted in the negative vjere —
Messrs. Forrester, Johnson, O'Brien of H.,

Anderson,

Gregg,

Jones,

Pettibone,

Baker,

Gregory,

Kciidrick,

Roe,

Branham,

Griffith,

Kilgore,

Tarkington,

Budd,

Higgins,

Moorman,

Van Buskirk,

Cass,

Hostetter,

Mustard,

Woodruff— 26.

Chambers,

Hutchings,

Noyes,

Mr, Moorman, from the select joint committee appointed to
wait on His Excellency, the Governor, to know when it would suit
his convenience to deliver his message, made the following report :

Mr. Speaker:

The select committee of three appointed to act with a commit-
tee on the part of the Senate, to wait upon his Excellency the
Governor and inquire at what time he will deliver his message to
the General Assembly, have performed that duty, and now report
that his Excellency will deliver his message at any time this after-
noon that may suit the convenience of the House.

MOORMAN, Chairman.

On motion of Mr. Abbett,
The House adjourned until 2 o'clock. P. M.

2 o'clock, p. m.

House met.

Mr. Niblaek offered the following rcf^olution, which was adopted
by consent:

Resolved, That the Senate be respectfully requested to repair to
the Hall of the House of Representatives instanter, to hear tlie
message of his Excellency the Governor, and that seats be pro-
vided for them on the right of the Speaker's Chair.

Mr. Moorman, from the special committee on stationery, report.
ed back the resolution referred to them on yesterday, and recom-
mended its adoption by the following report:

Resolved, That the State Librarian be instructed to furnish the
members of this House such stationary as they may order, and that
he file said orders and report to this House the amount ordered by
each member before the close of the present session.

Mr. Roberts asked and obtained leave to introduce

House bill No. 1. An act supplemental to an act entitled "an
act to enforce the thirteenth Article of the Constitution." approved
June 18, 1852.

Which was read a first time, and passed to a second reading.

Mr. Speaker:

A majority of the conmiiftee to whom was referred the resolu-
tion on the subject of stationery, beg leave to report it back and
recommend its adoption.

MOORMAN, Chairman.

Mr. Holcomb moved the following auiendment:

That the Librarian make report to this House every two weeks.

Adopted.

Mr. Mason offered the following resolution, which, upon a divi-
sion of the House, was adopted :

Resolved, That the Committee on the Judiciary be requested to
inquire into the expediency of abolishing the Common Pleas Court,
and report by bill, or otherwise, at their earliest convenience.

Mr. Waterman offered the following concurent resolution :

Resolved, by the House of Representatives of the General Assem-
bly of the State of Indiana (the Senate concurring-), That our Sen-
ators in Congress be instructed, and our Representatives requested,
to use every honorable exertion to del'eat the project Icnown as the
" Compensatory Emancipation Scheme," by voting to repeal all
laws heretofore passed for carrying into operation said scheme, and
against all appropriations having the same object in view.

Mr. Roberts moved to refer to the Committee on Federal Rela-
tions,

And it was so ordered.

Mr. Griffith offered the following resolution :

Resolved^ That the Unconditional Union men of Indiana do not
indorse any act of the General or State Governments manifestly
despotic in its character, relative 1o arrests made by such Govern-
ments; but that we hold it to be the duty of every citizen of these
United States to support the Constitutional authorities thereof, in
this period of rebellion, against such authority, we cheerfully sub-
mit to any act of the General and State Governments, the object
of which is the maintenance of the integrity of the Union and the
supremacy of the law, though the act should work personal detri-
ment to the individual, believing that the powers that be do not
purpose to trample upon the rights of any citizen, but otherwise to
protect and preserve the prosperity of the whole people; and that,
as citizens, we should be as ready to perform our dutij to our coun-
ti'y as we are to assert the rights and privileges which sht; has given
to us.

Mr. Hanna moved to refer to the Committee on Federal Rela-
tions,

And it was so ordered.

The Speaker laid before the House papers relative to the con-
test of the seats of the members from Marion county.
Which was referred to the Committee on Elections,

The Speaker laid before the House the following communication
from the President of the Senate :

To the Speaker of the House of Representatives :

The President of the Senate would respectfully inform the
House of Representatives that having no quorum, by reason of the
absence of the follov.'ing Senators, viz: Bearss, Beeson, Berry,
Blair, Campbell, Claypool, Culver, Davis of Parke, Dickinson,
Grubb, Mansfield, March, Mellett, New, Pleak, Reed, Teegarden,
and Wright, the Senate is unable to comply with the invitation of
the House of Representatives to repair to its Hall for the purpose
of hearing the message of his Excellency, the Governor.

PARIS C. DUNNING,

President of the Senate.

IMr. Packard introduced the following resolution, which was
adopted :

Resolved, That the Hovise of Representatives, by a committee
of two of its members, be requested to wait on his Excellency, the
Governor, and say to him that owiiig to the Senate having no quo-
rum, it is unable to attend the Hall of the House as a Senate, and
that as there is no General Assembly at this day in session, the
House is unable to say when it can have the pleasure of hearing
the message of the Governor of State.

The Speaker appointed Messrs. Packard and Branham said
committee.

Mr. Ferris offered the following resolution :

Resolved, That His Excellency, the Governor, be requested to
inform this House at an early day as possible, the number of
drafted men taken from each county, and also the number, if any,
of sucli regiments or companies of nine months troops that have
been organized in accordance with the act of Congress under
which the draft w^as made, and if no such organization has been
perfected, the reasons for such delay.

Mr. Brown moved to refer to a select committee of five.
Agreed to.

The Speaker appointed Messrs. Ferris, Brown, Kiigore, Shaffer
and Johnson said committee.

Mr. Roberts offered the following resolution :

Resolved, That all motions and resolutions in relation to the
present condition of the country, and all motions and resolutions
proposing remedies therefor, be referred to the Committee on Fede-
ral Relations without debate, until otherwise ordered, and that the
committee be instructed to report at as early a day as practicable.

Mr. Brown moved to strike out the words "without debate."
Before the question w^as taken, Mr. Roberts moved to informally
pass the further consideration of the resolution.

A communication was received from His Excellency, the Gov-
ernor, by Mr. Holloway, his Private Secretary.

On motion of Mr. Niblack,
The House adjourned till to-morrow at 9 o'clock, A. M.

SATURDAY MORNING, 9 o'ci.ock, j
January 10, 1863. j

The House met pursuant to adjournment.

The Journal of yesterday was read and approved.

Mr. Packard, from a select committee, made the following report,
which was adopted :

The select committee raised by the House, to wait upon His
Excellency, the Governor, and inform him that owing to the fact
that the Senate was not organized, there being no quorum in that
body, and that therefore the General Assembly, could not receive
his annual message, would respectfully report that they discharged
that duty immediately upon their appointment on said committee,
and that the chairman thereof made a report to the Speaker of the
House, prior to the reception of any communication from the Gov-
ernor, except the one authorizing his Private Secretary, Mr. Hollo-
way, to make communications to the House.

Mr. Packard offered, the following resolution :

Resolved., That this House declines to receive the message of his
Excellency the Governor, communicated to it on yesterday, and
that the same be respectfully returned to him to await the further
action of the General Assembly.

Mr. Lasscile moved that the resolution be amended by inserting,
after the word "resolved,"' the following words, to- wit :

"As there was no Senate in session, and no General Assembly
TO receive such address, as contemplated by the Constitution."

Mr. Packard accepted the amendment.

Mr. Moorman moved the j)revious (|uestion.

Which was seconded, and the main question ordered.

Messrs. Kendrick and Branham demanded, the ayes and noes..

Mr. Griffith, when his name was called, asked to be excused
from voting.

Which was granted.
H. J.— 3

Those lolio voted in the affirmative ivere —

Messrs.

Hall,

Lee,

Puett,

Abbett,

Hanna,

Lemmon of H.

, Reitz,

Abdill,

Harden of W.,

Lemraon of S.,

Richardson,

Atkison,

Hardin of Perry

, Mason,

Rippey,

Bird,

Harney,

McCaughey,

Roberts,

Blocher,

Hetfield,

Miller,

Shaffer,

Brogan,

Holcomb,

Milroy,

Shoaff of Allen,

Brown,

Hon,

Mustard,

ShoafF of Jay,

Burton,

Howard,

Mutz,

Spencer,

Collins,

Howell,

Niblack,

Veatch,

Cook,

Howk,

O'Brien of M.,

Waterman,

Davis,

Humphreys,

Osborne,

Williams,

Donaldson,

Kemp of Dubois

, Paekard,

Wolfe,

Ferris,

Kemp of Vigo,

Pendleton,

Woollen,

Garvin,

Lake,

Priest,

Mr. Speaker-61.

Given,

Lasselle,

Those

ivho voted in the ne

gative were —

Messrs.

Gregory,

Kilgore,

O'Brien of H.,

Anderson,

Hershey,

Lamb,

Perry,

Baker,

Iliggins,

Leeds,

Pettibone,

Branham,

Hostetter,

Marshall,

Robinson,

Budd,

James,

Moorman,

Stone,

Beyerle,

Johnson,

Morgan,

Tarkington,

Cass,

Jones,

Newman,

Van Buskirk,

Chambers,

Kendrick,

Noyes,

Woodruff— 32.

Forrester,

So the resolution was adopted.

Mr. Harney offered the following resolution:

Resolved^ That when this House adjourn, it adjourn to meet on
Monday next, at 2 o'clock, P. M.

Mr. Moorman, from a select committee, submitted the following
report, which was concurred in :

Mr. Speaker:

The committee to whom was referred the resolution on the sub-

ject of postage stamps, would respectfully repor^ that they recom-
mend that the Doorkeeper be instructed to furnish each member
with two dollars' worth of three cent stamps, and one dollars'
worth of one cent stamps; also, in addition, that he arrange with
the offices of the Sentinel and Journal for the stamping of the en-
veloped papers furnished the members of this House.

]\'Ir. Donaldson offered the following resolution:

Whereas, The sixth section of the eleventh article of the Consti-
tution provides that no person conscientiously opposed to bear-
ing arms shall be compelled to perform militia duty, but such
person shall pay an equivalent for exemption the amount pre-
scribed by law.

Resolved^ That the Committee on Military Affairs be instructed
to inquire by what authority such equivalent was fixed at two
hundred dollars, and whether any legislation is necessary upon the
subject, and to report upon the subject by bill or otherwise.

Which was agreed to. •

I\Ir. Bird asked and obtained leave to introduce

House bill No. 2, entitled " an act to create the Sixteenth Judi-
cial Circuit, and to provide for the election of a judge and prose-
cuting attorney thereof, and to provide for terms of Courts therein."

Which was read the first time, and passed to a second reading.

On motion of Mr. Harney,
The House adjourned until Monday next, at 2 o'clock, P. M.

MONDAY, 2 o'clock, p. m., ]
January 12, 1863. \

The House met.

The Journal of Saturday was read and approved.

Mr. Thomas Ryan, member of this House from Crawford cour-

ty, appeared, presented his credentials, and was sworn by the
Speaker.

I\Ir. Brown asked leave of absence for four days to Mr. Ferris,
to which the House consented.

Mr. Moorman asked and obtained leave to introduce

House bill No. 3. An act appropriating thirty thousand dollars
for the expenses of the present Legislature,

Which was read a first time, and passed to a second reading.

Mr. Moorman moved that the rule be suspended, and the bill
read a second time.

The question being on the suspension of the rules.
Those ivlio voted in the affirmative were —

Messrs.

Abbett,

Abdill,

Anderson,

Atkison,

Baker,

Bird,

Blocher,

Branham,

Brogan,

Brown,

Budd,

Burton,

Beyerle,

Cason,

Cass,

Chambers.

Collins,

Cook,

Davis,

Donaldson,

Forrester,

Garvin,

Given,

Gregory,

Lake,

Priest,

Griffith,

Lamb,

Puett,

Hall,

Lasselle,

Reitz,

Harden of W.,

Lee,

Richardson,

Hardin of Perry

, Leeds,

Rippey,

Harney,

Lemmon of H

., Roberts,

Hetfield,

Lemmon of S.,

Robinson,

Hershey,

Mason,

Roe,

Higgins,

McCaughey,

Ryan,

Holcomb,

Miller,

Shaffer,

Hon,

Milroy,

ShoafF of Allen :

Hostetter,

Moorman,

ShoafT of Jay,

Howard,

Morgan,

S pencer.

Howell,

Mustard,

Stone,

Howk,

Mutz,

Tarkington,

Humphreys,

Newman,

Van Buskirk,

Hutehings,

Niblack,

Veach,

James,

Noyes,

Waterman,

Johnson,

Jones,

O'Brien of M., Williams,

Osborn, Wolfe,

Kemp of Dubois, Packard, Woodruff,

Kemp of Vigo, Pendleton, Woollen,

Kendrick, Perry, Mr. Speaker-94.

Kilgore, Pettibone,

Those ivho voted in the negative ivere —

Messrs. Hanna and Marshall — 2.

More than two-thirds of the members voting in the affirmative,
the rule vi^as suspended, and the bill read a second time.

Mr. Brown moved to refer to the Committee on Ways and
Means.

Which was not agreed to.

Ordered, That the bill be engrossed.

Mr. Collins moved to reconsider the vote on the engrossment of
the bill.

Which was agreed to. '

Mr. Holcomb moved that the bill be referred to the Committee
on Ways and Means.
Which was agreed to.

Mr. Howk, from the Select Committee on Rules, made the fol-
lowing report, which was concurred in :

Mr. Speaker :

The select committee raised to revise the standing rules of the
House, would respectfully report that they have had the same under
consideration, and beg leave to report the following as one of the
" standing rules " of the House in reference to the standing com-
mittees thereof, and ask further time to consider the other rules of
the House.

The following standing committees, to consist of seven members
each, shall be appointed at the commencement of each session,
namely : ' .

1. A Committee on Elections.

2. A Committee on Ways and Means.

3. A Committee on Judiciary.

4. A Committee on the Organization of Courts of Justice.

5. A Committee on Banks.

6. A Committee on Education. • .

7. A Committee on the Affairs of the State Prison North.

8. A Committee on the Affairs of the State Prison South.

9. A Committee on Swamp Lands.

10. A Committee on Military AiTairs.

11. A Committee on Claims.

12. A Committee on the Trust Funds.

13. A Committee on Fees and Salaries.

14. A Committee on the Sinking Fund.

15. A Committee on the Rights and Privileges of the Inhabit-

ants of the State.

" 16. A Committee on Railroads.

17. A Committee on Manufacturers and Commerce.

18. A Committee on Public Printing.

19. A Committee on Roads.

20. A Committee on County and Township Business.

21. A Committee on Agriculture.

22. A Committee on Benevolent and Scientific Institutions.

23. A Committee on Temperance.

24. A Committee on Mileage and Accounts.

25. A Committee on Corporations.

26. A Committee on Canals.

27. A Committee on Public Expenditures.

28. A Committee on Federal Relations.

29. A Committee on the Affairs of the City of Indianapolis.

30. A Committee on Engrossed Bills.

The report was concurred in.

Mr. Miller asked and obtained leave to introduce House Bill,
No. 4.

An act entitled an act to amend the 406th section of an act en-
titled " An Act to revise, simplify, and abridge the rules, practice,
pleadings, and forms in civil cases, in the courts of this State; to
abolish distinct forms of action at law, and to provide for the ad-
ministration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity," approved June
18, 1852.

Mr. Beyerly offered the following resolution :

Resolved, That the Doorkeeper be instructed to furnish three
copies of the Free Press newspaper to each member of the House,
the said papers being inclosed in wrappers and properly stamped.

Mr. Brown moved to lay the resolution on the table ;
Which was agreed to.

Mr. Brown ofiered the following concurrent resolution :

Resolved., by this House {the Senate concurring)., That a com-
mittee of two on the part of the Senate, and three on the part of
the House, be appointed to examine and report, at an early day,
whether any railroad companies, in this State, are charging higher
rates for the transportation of passengers and freights than is al-
lowed by their charters, and also whether the same rate per mile is
charged for transporting the same, without regard to distance.

Which was adopted.

The Speaker appointed the following such committee on the
part of the House :

Messrs. Brown, Holcomb, and Newman.

Mr. Lamb offered the following resolution, which was adopted :

Resolved, That the Committee on the Militaiy Affairs be in-
structed to report, at their earliest convenience, an act providing for
the payment of the officers and soldiers of the Indiana Legion for
the time they may have been on duty guarding the border, and per-
forming other active service, and for paying the legitimate claims
growing out of such service.

House bill No. 1. An act supplemental to an act entitled an act to
enforce the 15th article of the Constitution, approved June 18, 1862.

Was read a second time, and ref^erred to the Committee on the
Judiciary.

House bill No. 2. An act to create the Sixteenth Judicial Cir-
cuit, and to provide for the election of a Judge and Prosecuting
Attorney therefor, and to provide for the terms of Courts therein.

Was read a second time.

Mr. Rippey moved to refer the bill to a select committee of five ;
Which was agreed to.

The Speaker appointed Messrs. Rippey, Bird, McCaughey, Col-
lins, and Griffith, such committee.

Mr. Waterman offered Joint Resolution No. 1 :

A Joint Resolution instructing Senators and requesting Repre-
sentatives to oppose compensated emancipation scheme. j->

Mr. Pendleton moved to refer to the Committee on Federal Re-
lations.

Agreed to.

Mr. Packard offered Joint Resolution No. 2:

A Joint Resolution in relation to compensation for emancipated
slaves.

Mr. Packard moved to refer the same to the committee on Fed-
eral Relations.

Which was agreed to.

The Speaker announced the following select committee on the
resolution of Mr. Brown, calling for a committee to investigate
illegal arrests that have been made within this State :

Messrs. Brown, Given, Howard, Ferris, Morgan, Gregg, Hanna,
Gregory, Lasselle, Baker, and Shoaff of Jay.

The Speaker announced the following Standing Committees :

1. Committee on Elections.

Messrs. Ptoberts, Howell, Atkison, Spencer, Abdill, Hall, and
Morgan.

2. Committee on Ways and Means.
Messrs. Niblack, Puett, Branham, Harney, Bird, Waterman, and
Jones.

3. Committee on Judiciary.

Messrs. Howk, Burton, Anderson, Lake, Lasselle, Packard, and
Kilgore. <

4. Committee on Organization of Courts.

Messrs. Brown, Shaffer, O'Brien of Hamilton, Mason, Garvin,
Newman, Lamb, and Howell.

5. Committee on Banks.

Messrs. Puett, Shoaff of Jay, Harney, Woollen, Branham, Jones,
and Bird.

1 *. 6. Committee on Federal Relations.

Messrs. Packard, Given, Tarkington, Howell, Niblack, Anderson,
and Gregg.

7. Committee on Education.

Messrs. Holcouib, Wolfe, Van Buskirk, Pendleton, Higgins,
Given, and Griffith.

8. Committee on State Prison^ South.

Messrs. Howard, Holconib, Williams, Brogan, Johnson, Burton,
and Roe.

9. Committee on the Affairs of the State Prison, North.

Messrs. Packard, Milroy, Priest, Tarkington, Collins, Rippc^y, and
Kilgore.

10. Committee on Sivamp Lands.

Messrs. Shaffer, Richardson, Atkison, Forrester, Puett, and Wa-
terman.

11. Committee on Military Affairs.

Messrs. Hanna, Milroy, Baker, Roberts, Kemp of Vigo, Lemmon
of Spencer, and Johnson. .

12. Committee on Claims.

Messrs. Howell, Lemmon of Harrison, Pendleton, Stone, Wolfe,
Veach, Roe, and Hutchings.

13. Committee on the Trust Funds.

Messrs. Burton, Hon, Harden of Washington and Harrison,
Gregory, Cass, Hall, Blocher, and Lamb.

14. Committee on Fees and Salaries. ■

Messrs. Humphreys, De Bruler, Higgins, Waterman, Mc-
Caughey, Hershey, and Perry.,

15. Committee on Sinkinsr Fund.

Messrs. Lemmon of Harrison, Osborn, Chambers, Brogan, Petti-
boiie, Forrester, and O'Brien of Martin.

16. Committee on the Rights and Privileges of the Inhabitants

of the State.

Messrs, Ferris, Lake, Kilgore, Moorman, Spencer, Gregory, and
Miller.

17. Committee on Railroads.

Messrs. Branham, Bird, Mutz, Abbett, Morgan, Newman, and
Donaldson,

18. Committee on Commerce and Manufactures.

Messrs. Rippey, Reitz, Kemp of Dubois, Harden of Washing-
ton and Harrison, Hostetter, WoodrufY, and Marshall,

19. Committee on County and Toionship Business.

Messrs, Miller, Priest, Stone, Shoaff of Allen, Pettibone, PeiTy,
and Cook,

20. Committee on Agriculture.

Messrs, Milroy, Harney, Van Buskirk, Collins, Hall, Blocher, and
Budd,

21. Committee on Pwads.

Messrs. Shoaff of Jay, Cook, Davis, Hardin of Perry, O'Brien of
Martin, Hutchings, and Plershey.

22. Committee on Scientific and Benevolent Institutions.

Messrs, Woollen, Mason, Cass, Ryan, Richardson, Griffith,
and Lemmon of Spencer,

23. Committee on Temperance.
Messrs, Abbett, Hon, Van Buskirk, Williams, Noyes, Griffith
and Priest,

24, Committee on Mileage and Accounts.

Messrs, Mutz, Harden of Washington and Harrison, Kendrick,
Leeds, Hardin of Perrv, James, and Veach.

25. Committee on Corporations.

Messrs. Garvin, Hanna, Mustard, Higgiiis, Tarkington, Howk,
and Woollen.

26. Committee on Public Expenditures.

Messrs. Donaldson, McCaugliey, AbdiU, Marsliall, Lee, Hetfield,
and James.

27. Coinmitiec on Engrossed Bills.

Messrs. Lasseile, Osborn, Cason, Beyerle, Baker, Howard, and
Given.

28. Committee on Canals.

Messrs. Hetfield, Shoaff' of Allen, De Bruler, Humphreys, Reitz,
Budd, and Mustard.

29. Committee on Public Printing.

Messrs. Mutz, Ryan, Cason, Robinson, Kemp of Dubois, Brown,
and Cliambers.

30. Committee on the Affairs of Indianapolis.

Messrs. Kendiick, Lee, Williams, Hostetter, Robinson, Hardin
of Perry, and Cook.

JOINT STANDING COMMITTEES.

1. Committee on Enrolled Bills.

Messrs. Wolfe, Pendleton, Ferris, Leeds, Noyes, Lake, and Ken-
drick.

2. Committee on Public Buildings.

Messrs. Collins, Harden of Wasliington and Harrison, and
Hersliey.

3. Committee on the State Library.
Messrs. Pendleton, Anderson, and Richardson.

4. Committee on the Canal Fund.

Messrs. Spencer, Mustard and Donaldson.

Mr. Brown moved that three hundred copies of the list of stand-
ing committees be published for the use of the House.
Agreed to.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Spkaker : »

I am directed by the Senate to inform the House that the Senate
has appointed the following Committee on Joint Rules, to-wit:

Senators Landers, March, Wolfe, Williams, and Brown of Ran-
dolph ;

And respectfully ask the appointment of a similar committee on
the part of the House.

The resolulioii of the Senate was concurred in.

. The Speaker appointed Messrs. Howk, Niblack, Branham,
Wolfe, and Moorman, said committee on the part of the House.

Mr. Garvin asked and obtained leave to introduce

House bill No. 5. An act granting to the circuit courts concur-
rent jurisdiction with the courts of common pleas, in all cases of
misdemeanors, and requiring grand juries to make presentment of
the same.

Which was read the first time, and passed to the second reading
on to-morrow.

Mr. Newman asked and obtained leave to introduce

House bill No. 6. An act to regulate the immber of jurors that
shall be required to agree, to make a verdict in civil sviits, and to
repeal all laws inconsistent therewith.

Which was read the first time, and passed to a second reading.

On motion of Mr. Given,
The House adjourned until to-morrow at 9 o'clock, A. M.

TUESDAY, 9 o'clock, A. M., }
January 13, 1863. \

The House met.

The Journal of yesterday was read and approved.

The Speaker announced the ibllowhig order of business :

' ORDER OF BUSINESS.

I. Reading of the Journal.
II. Petitions, Memorials, and Remonstrances.
III. Report of Standing Committees,

1. On Elections.

2. On Ways and Means.

3. On the Judiciary.

4. On the Organization of Courts of Justice.

5. On Banks.

6. On Education.

7. On the Affairs of the State Prison North.

8. On the Affairs of the State Prison South,

9. On Swamp Lands.

10. On Military Affairs.

11. On Claims. -

12. On the Trust Funds. ^ -

13. On Fees and Salaries.

14. On the Sinking Fund.

15. On the Rights and Privileges of the Inhabitants of t\u

State.

16. On Railroads.

17. On Manufactures and Commerce.

18. On Public Printing.

19. On Roads.

20. On County and Tow^nship Business.

21. On Agriculture.

22. On Benevolent and Scientific Institutions.

23. On Temperance.

24. On Mileage and Accounts.

25. On Corporations.

26. On Canals.

27. On Public Expenditures.

28. On Federal Relations.

29. On the Affairs of the City of Indianapolis.

80. On Engrossed Bills.
IV. Reports from Joint Standing Committees.

1. On Enrolled Bills.

2. On Public Buildings.

3. On State Library.

4. On Canal Fund.

V. Reports from Select Conmaittees. i

VI. Resolutions of the House.

VII. Joint Resolutions.

VIII. Introduction of Bills. • ' .

IX. Orders of the Day.

Mr. Hoicomb moved that Mr. Given be added to the Committee
on Canals.
Agreed to.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Kendrick — A memorial from H. C. Pease, relative to
treatment of patients in the Indiana Hospital for the Insane.
Referred to the Committee on Benevolent Institutions.

By Mr. Williams — Petition of Sam.uel Fay and others, relative
to the immigration of negi-oes into this State.

Referred to the Comniittee on the Rights and Privileges of the
Inhabitants of this State.

By Mr. Anderson — Petition of James Good and others, relative
to the protection of wild game.

Referred to the Committee on Rights and Privileges of this
State.

Mr. Hoicomb offered the following resolution :

Resolved, That the Committee on Fees and Salaries be instruct-
ed to examine the laws fixing the fees and salaries of all State,
county, township, and other officers receiving pay from State or
.county funds, and if, in their opinion, any of said fees or salaries
are too high, that they be instructed to report a bill making the
necessary reductions.
Which was adopted.

Mr. Puett offered the followinaf resolution :

Resolved, That a committee of three be appointed, whose duty
it shall be to report to this House, without delay, what officers and
attendants are necessary for a proper discharge of the legislation
at the present session of the General Assembly, and that the same
be reduced to the lowest possible number, having refeijence to
economy, as well as the eiiiciency of legislation in this House.

Adopted.

The Speaker appointed Messrs. Puctt, Anderson, and Packard,
said committee.

Mr. Woollen offered the following resolution, which was adopted.

Resolved, That all bills, petitions, and resolutions, concerning
the enforcement of the 13th Article of the Constitution, be referred
to a select committee of one from each Congressional District,
who shall consider the subject and report the result of their delibe-
rations to this House, by bill or otherwise.

Mr. Hall offered the following resolution :

Resolved, That the Judiciary Committee be instructed to inquire
into the expediency of collecting costs off of complainants in crim-
inal prosecutions, where it is evident that the complaint was made
through spite or malice; and, in the absence of conviction, spite,
or malice, that the State pay the costs, and that they report by bill
or otherwise.

Adopted.

Mr, Johnson offered the following resolution, which was adopted:

Ptesolved, That the Committee on Military Affairs be and they
are hereby instructed to inquire, and, at the earliest day possible,
report, 1st. What legislation, from this General Assembly, is neces-
sary or practicable to improve the condition and insure the comfort
of the soldiers of Indiana, now confined in the army hospitals from
wounds and sickness contracted in the service. 2d. What plan
can be adopted which will speedily bring relief to the hundreds of
needy and suffering wives and children of the patriotic men of In-
diana, who are now fighting the battles of the Union, or who have
been killed or disabled in such service.

JOINT RESOLUTIONS.

Mr. Puett offered Joint Resolution No. 3 :

A joint resolution in regard to the armies of the United States.

Mr. Puett moved to refer the joint resolution No. 3 to the Judi-
ciary Committee, to ascertain whetlier joint resolutions should be
read three times under the Constitution.

Agreed to.

BILLS INTRODUCED.

By Mr. Gregory:

House bill No. 7. An act to amend section ten of an act enti-
tled "an act providing for the election of justices of the peace, and
defining their jurisdiction, powers, and duties in civil cases, ap-
proved June 9, 1852," approved March 11, 1861.

Which was read a first time, and passed to a second reading.

By Mr. Newman :

House bill No. 8. A bill to amend an act to require surviving
partners to file inventories and appraisement in the office of the
Clerk of the Court of Common Pleas, and to report the liabilities
of the firm, approved March 5, 1859, and to fix the place where
such partnership affairs shall be closed up.

Which was read a first time, and passed to a second reading.

By Mr. Miller :

House bill No. 9. An act entitled an act to repeal an act enti-
tled "an act to ascertain the amount of the fees and salaries of the
clerks of the Supreme, Circuit, and Common Pleas Courts of this
State; of the sheriff of the Supreme Court, and of the various
counties in this State ; of county auditors, treasurers, and record-
ers ; of circuit and prosecuting attorneys ; and to provide punish-
ment for a violation of its provisions," approved June 3, 1861.

Which was read a first time, and passed to a second reading.

By Mr. James :

House bill No. 10. An act to divest the title to the county

seminary grounds of Grant county from the trustees of the county
seminary, and to invest the same in the board of county commis-
sioners,

Which \vas read a first time, and passed to a second reading.

By Mr. Given :

House bill No. 11. An act to enforce the thirteenth article of
the Constitution.

Which was read the first time, and passed to a second reading.

By Mr. Cass :

?Iouse bill No. 12. An act for the relief of Joseph M. Dorr.
Which was read the first time, and passed to a second reading.

■ By Mr. Noyes:

House bill No. 13. An act to create the Fourteenth Judicial
Circuit.

Which was read the first time, and passed to a second reading.

Mr. Bird moved that the order of business be suspended.
To which the House consented.

Mr. Bird offered the following concurrent resolution:

Resolved, That the House will (the Senate concurring), go intti
the election of United States Senators this afternoon at 3 o'clock.

Mr. Noyt^s moved to amend the resolution so as to read, "to-
morrow afternoon at 3 o'cloclv."
Not agreed to.
The resolution was then adopted.

House bill No. 4. An act entided an act to amend the 406thi
section of an act entitled "An act to revise, simplify and abridge
the rules, practice, pleadings, and forms in civil cases in the Courts
of this State, to abolish distinct forms of action at law, and t-o
provide for the administration of justice in a uniform mode of
pleading and practice, without distinction between law and equity,''
approved June 18, 1852.

Was read the second time,

Mr. Packard moved to refer it to the Judiciary Committee.
H. J.— 4

50
Which was agreed to.

House bill No. 5. An act granting to the Circuit Courts con-
current jurisdiction with Courts of Common Pleas in cases of
misdemeanors,

Was read the second time.

Mr. Brown moved to refer it to the Judiciary Committee.
Agreed to.

House bill No. 6. An act to regulate the number of jurors that
shall be required to agree to make a verdict in civil suits, and to
repeal all laws inconsistent herewith,

Was read the second time.

JVIr. Newman moved to refer it to the Committee on Judiciary,
Which was agreed to.

The Speaker laid before the House the report of the Commis-
sioners of the Wabash and Erie Canal.

Mr. Puett moved that the report lie upon the table, and that five
hundred copies thereof be printed — three hundred for the use of
the House, and the remaining two hundred to be placed at the dis-
posal of the Trustees.

Agreed to. * . .

On motion of Mr. Mutz,
The House adjourned until 2 o'clock, P. M.

2 o'clock, p. m.
The House met.

RESOLUTIONS OF THE HOUSE.

By Mr. Mason:

Resolved, That the Doorkeeper of this House be instructed to
have the letter " S" placed on the wrapper of the Daily State Sen-

tinel furnished each member; the letter "J" on each Journal, and
the letter "V" on each envelop of the Volksblatt; or some other
character, in order that members may be enabled to distinguish
such papers.

Adopted.
• By Mr. Wolfe :

Resolved^ That the State Librarian be directed to furnish each
member of the House a copy of Cushing's Manual.

Adopted.

By Mr. Hostetter :

Resolved^ That the Committee on Roads and Highways be in-
structed to inquire into the expediency of amending the road laws,
so that no person shall be required to work upon the public high-
ways, who has been, or may be, discharged from the service of the
United States upon account of wounds received or disease con-
tracted while in the service; to report by bill or otherwise.

Adopted.

BILLS INTRODUCED.

By Ml'. Brogan :

House bill No. 14. An act to amend section five of an act enti-
tled "an act to regulate and license the sale of spirituous, vinous,
malt, and other intoxicating liquors; to prohibit the adulteration of
liquors; to repeal all former laws contravening this act, and pre-
scribing penalties for violation thereof," approved March 5, 1859. ■

Which was read a first time, and passed to a second reading.

Mr. Collins (by consent of the House,) o tiered t!te following
resolution :

Resolved, That the Committee on Swamp Lands be instructed
to inquire whether any legislation is necessary to enable the proper
authorities to pay orders on the Swamp Land Fund; and if so, to
report by bill.

Adopted.

Mr. Waterman (by consent of the House,) offered the following
resolution :

Whereas, An act has passed the Congress of the United States.
approved July 2, 1862, granting lands and land scrip to the seve-
ral States, for the maintenance of Agricultural Colleges, on cer-
tain conditions; therefore,

Resolved, That the Committee on Agriculture be instructed to
report to this House what legislation is necessary for the accept-
ance of said grant.

Adopted.

Mr. Brown (by consent of the House,) offered tjie following con-
current resolution :

Resolved, That a committee of three on the part of this House,
and two on the part of the Senate, be appointed to confer with his
Excellency the Governor, and ascertain at what time it will suit
his pleasure to deliver his annual message to the General Assem-
bly of the State of Indiana.

The resolution was adopted.

The Speaker appointed Messrs. Brown, Branham, asid Niblack
said committee on the part of the House.

On motion of Mr. Van Buskirk,
The House adjourned until to-morrow at 9 ox-lock, A. M.

WEDNESDAY, 9 o'clock, A. M.,
January 14, 1863.

The House met.

The journal of yesterday was read and approved.
A message from the Senate, by Mr. Va'\,\'ier, their Secretary :
Mr. Speaker:

. I am directed by the Senate to inform the House that the Senate
has concurred in the concurrent resolution of the House, viz :

Resolved (the Senate concurring,) That we meet in joint con-
vention ill the Hall to-morrow, at the hour of 2 P. M., for the pur-
pose of electing two United States Senators, one to run until the
4Th of March, 1863, and the other for the term of six years from
that date; and make that the order of business until the same is
through with, except to receive comnrunication from the Governor.

With the following amendment, in which the concurrence of the
HoMic is respectfully requested:

Strike out all after the word "resolved," and insert: "That the
Senate will (the House concurring) proceed, on Wednesday, Janu-
ary 14, at three o'clock P. M. of said day, in joint convention, in
the Ilall of the House of Representatives, to the election of two
United States Senators, one to serve as such until the 4th day of
March, 1863, and one from the 4th day of March, 1863, until the
4th day of March, 1869."

Mr. Collins moved that the House concur in the amendment of
the Senate,

Which was agreed to, and the Clerk ordered to inform the Sen-
ate thereof. ,

The following message from the Senate was received through
Mr. Vawter, their Secretary:

Mr. Speaker :

■ I am directed by the Senate to inform the House that the Sen-
ate has concurred in the concurrent resolution of the House ap-
pointing a committee to wait upon his Excellency the Governor,
and ascertain at what hour it will be most convenient for him to
deliver his annual message to this General Assembly in joint con-
vention, and has appointed Senators Brown of Wells and Browne
of Randolph said committee on the part of the Senate.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Noyes :

Petition of E. Farnham and others, in reference to amending
road law.

Which, . ■ "

On motion,
Was referred to the Committee on Roads,

RESOLUTIONS OF THE HOUSE.

By Mr. Atkison :

Resolved^ That the Committee on Roads and Highways be in-
structed to inquire into the expediency of persons liable to work
the roads and highways not being required to work the same more
than four days each year; and should the same require more labor,
that same be raised by taxation, and report by bill or otherwise.

Adopted.

By Mr. Hanna :

Resolved, That the Doorkeeper be authorized to procure from
H. H. Dodd & Co., Printers, one copy, for each member and officer
of the House, of the Geological Survey of the State, made by
David and Richard Owen, and lay the same on the desk of the
members.

Adopted.

By Mr. xMiller : , .

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of reporting to this House at an early
day a bill providing for the preparing and printing one copy to
every one hundred inhabitants of the State, of a revised edition,
in pamphlet form, of the law relating to the settlement of dece-
dents' estates, to be sent to the respective county clerks for distri-
bution among executors, administrators, and guardians.

Adopted.

By Mr. Milroy :

Resolved, That the Doorkeeper be instructed to inquire of the
Librarian how many chairs are on hands in the Library and in this
Hall, and report the same to this House immediately; further re-
port how m.any seats or chairs are necessary for the use of the

■ 55

joint convention at 3 o'clock to-day, and to purchase additional
seats, if necessary.

Adopted.

By Mr. Leeds :

Resolved, That the Committee on Roads be requested to exam-
ine into the expediency of changing the road law, so as to have all
of the work done in the early part of the season, as work done in
the fall season is generally lost.

Adopted.

By Mr. Packard :

Resolved, That the Committee on Railroads be instructed to in-
quire what legislation is necessary, if any, to prevent the railroads
in this State, or any of them, from receiving produce and other
freight into their several station warehouses, and then failing or re-
fusing to transport the same until the rates of freight have materi-
ally advanced.

Adopted.

Mr. Holcomb offered the following concurrent resolution :

Resolved, By the House of Representatives (the Senate concur-
ring), that the two Houses meet in joint convention in this Hall at
4 o'clock P. M., or immediately following the Senatorial election,
this day, and to proceed to the election of State Agent, President
of the Board of Sinking Fund Commissioners, State Printer, and
State Librarian, in the order in which they are named in this reso-
lution.

Mr. Griffith moved to amend by striking out "4 o'clock P. M.,"
and inserting " 10 o'clock to-morrow morning."

The amendment was not adopted.

The resolution was agreed to. • . ■

Mr. Woodruff offered the following resolution :

Resolved, That the Committee on Benevolent Institutions be

instructed to inquire into the expediency of establishing a printing
office in connection with the Institution of the Deaf and Dumb,
with a view of having the State Printing done at that Institution.
Adopted.

Mr. AVaternian offered the following resolution:

Resolved, That the Committee on the Organization of the
Courts of Justice, be instructed to inquire into the expediency of
preparing a bill or bills for the abolishing the courts of common
pleas, and for the transfer of the business in said court to the cir-
cuit or other otFicers, as the committee may judge proper.

Mr. Puett moved to amend by making the resolution one of
inquiry, instead of one of instruction.
The amendment was adopted.
The resolution as thus amended, was adopted.

Mr. Howk, having obtained the consent of the House, made a
report of the Joint Committee on Rules.

Also, report from Select Committee on Rules of the House.
Mr. Niblack moved to lay the reports on the table.
Agreed to.

Mr. Niblack moved that two hundred copies of the Joint Rules,
and Rules of the House, contained in said reports, be printed for
the use of the House.

Agreed to.

A message from the Senate by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House, that the Sen-
ate has passed the following engrossed bill thereof, viz :

A bill appropriating twenty-five thousand dollars for the expenses
of the present General Assembly, and providing the manner of the
payment of the members and officers of the Senate and House of
Representatives, to which the concurrence of the House is respect-
fully requested.

Mr. Shaffer offered the following resolution :

Resolved, That the Committee on the Judiciary be instructed to

inquire into the expediency of repealing an act, entitled "an act in
relation to witnesses, and to repeal section 238 of article 13, of the
act entitled 'an act to revise, simplify and abridge, the rules,
practice, pleadings and forms in civil cases, in the courts of this
State, to abolish distinct forms of action at law, and to provide for
the administration of justice in a uniform mode of pleading and
practice, without distinction between law and equity,' approved
June 18, 1842, and to repeal all laws inconsistent therewith, and
providing when the act shall take effect, and be in force,"" which
was fded in the othce of the Secretary of State on Monday, March
11, 1801, at 5 o'clock P. M., without tlie approval of the Governor
or his objections being filed thereto, that hour being after the gene-
ral adjournment of the Legislature, nor have his objections been
filed at this date," and report by bill or otherwise, at their earliest
convenience, and to provide for the re-enactment of section 238,
which was repealed.
Which was adopted.

Mr. Burton olfered the following resolution:

Whereas, Civil war has existed in the United States for the
past nineteen months or more, calling forth all the energies of the
government and involving in the fraternal strife all that is sacred
and dear to the American People.

And Whereas, Indiana has contributed largely and freely of
both men and money to the demand of the Government, under the
pledge of the Administration that the war should be waged solely
for the maintenment of the constitution and the enforcement of
the laws.

And Whereas, The administration has proven false to that
pledge, and under the tyrants' plea of "military necessity," has
usurped powers unwarranted by the constitution, and unsanctioned
by law, the exercise of which falls heavily alike upon the loyal and
disloyal, the iimocent and the guilty, thereby destroying all the
safeguards of freedom and independence, which the Federal Con-
stitution has thrown around the citizen.

And Whereas, Under this plea of military necessity, the Presi-
dent, as commander-in-chief of the army and navy has issued an
abolition proclamation, giving freedom to the slaves from and after
the first day of January, 1863, and in order that the people of
Indiana, and other loyal States might not raise their voices against

this fatal blunder and plead for the Constitution and the Union as
our fathers made them, he thereupon issued another proclamation
declaring martial law all over the United States, denying to the
citizen of loyal States, where civil authority should reign supreme,
the privilege of that sacred and cherished "writ of habeas corpus,"
thereby crippling free speech and free discussion upon his abolition
policy, while he might wield the largest army the world ever saw
for the purpose of accomplishing his hellish scheme of emancipa-
tion, without regard for State laws, State constitutions, or the
reserved rights of the States, and without regard to his former
vows and pledges to the contrary, which looked to the restoration
of the Union, with all the rights and institutions of the several
States unimpaired.

And Whereas, The late elections in Illinois, Indiana, Ohio,
New Jersey, Pennsylvania, and New York, by the triumph of con-
servatism over fanaticism, have demonstrated the fact that the
people (the honest, willing yeomanry of the land, who have to pay
the fiddler while the ofiiceholders dance) utterly condemn and re-
pudiate the abolition policy of the administration, which was made
an issue before them as unwise, impolitic, and unauthorized by
law, and the further fact that they regard his unprecedented usurp-
ations of power as a giant stride toward "military depotism," and
therefore dangerous to the citizens of a free and loyal people, there-
fore,

Resolved., That Indiana, appealing to the one hundred thousand
soldiers she has sent into the field, and to the millions of money
she has spent in the struggle, for proof of her loyalty, and relying
xipon her long devotion and fidelity to the Constitution and the
Union, for the justice of the cause, throws herself behind the broad
shield of the Constitution, and views with deep regret and alarm,
the weakness, indecision, and incompetency of the present admin-
istration, whose policy tends to strengthen, instead of weakening
the rebellion, to prolong rather than to shorten the war.

2. Resolved, That Indiana recognizes in no administration the
Government to which she owes allegiance; that she as a loyal
State, knows no loyality save devotion and fidelity to the Consti-
tution of the country, and as such, will assert and defend her right.
On the right of her citizens to approve or condemn an administra-
tion according as it is faithful or unfaithful to tha.- sacred chart of
our liberties.

3. Resolved, That the President, in refusing to heed the warning
voice of the conservative States north, which recently spoke in
thunder tones through the ballot box, ignoring his abolition policy,
and unvi'arianted usurpations, and demanding a return to the old
landmarks of the Constitution, has exhibited a reckless disregard
for the wishes of the people, and a wanton determination to eater
to the \\hiins of aboiition fanatics, even though it involves our gov-
ernm.tMir and our liberties in one common ruin.

4. Resolved, That Indiana has viewc^d with alarm, and borne
with forbearance, the ariest and imprisonnient of her citizens with-
out anlhoiity, save the straps on the shoulders of the militavy offi-
cer, and without cause, save some vague charge of disloyalty, until
justice, liberty, and humanity, proclaim it intolerable, and cry for
retribution.

5. Resolved, That while the President persists in his abolition
policy, in the conduct of the war, and sanctions the indiscriminate
arrest and incarceration of her good and loyal citizens, denying
them the privilege of the writ of "habeas corpus," Indiana will
never voluntarily contribute another man or another dollar, to be
used for such wicked, inhuman, and unholy purposes.

Mr. Burton moved to refer the resolution to the Committee on
Federal Relations.

Mr. Anderson moved to lay the motion to refer upon the table.
Which was not agreed to.

The question being on the motion to refer to the Committee on
Federal Relations,

Messrs. Griffith and Hutchings demanded the ayes and noes.

Those IV ho voted in the affirmative ivere —

Messrs.

Harden of

\Y.,

Lemmon of

S.,

, Richardson,

Abbett,

Hardin of

Peiry^

, IMason,

Rippey,

Bird,

Hetfield,

McCaughey

Roberts,

Blocher,

Holcomb,

Miller, ^

Ryan,

Brogan,

Hon,

Milroy,

Shaffer,

Brown,

Howard,

Mutz,

Shoaff of Allen,

Burton,

Howell,

Niblack,

ShoaflF of Jay,

Collins,

Howk,

O'Brien of

M.,

Spencer,

Cook, Humphreys, Osborne,

DeBruler, Kem p of Dubois, Packard,

Donaldson, Kemp of Vigo, Pendleton,

Garvin, Lake, , Priest,

Given, Lasselle, Puett,

Hall, Lee, Reitz,

Hanna, Lemmon of H.,

Those xvIlo voted in the negative ivere —

Messrs.

Abdill,

Anderson,

Atkison,

Baker,

Budd,

B eyerie,

Cass,

Chambers,

Davis,

Forrester,

Gregory,

Griffith,

Hershey,

Higgins,

Hostetter,

Hutchings,

James,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Veatch,

Waterman,

Williams,

Wolfe,

Woollen,

Mr. Speaker-57.

Noyes,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

Van Buskirk,

Woodruff— 37.

So the resolution was referred to the Committee on Federal
Relations.

Mr. Kendrick offered the following resolution :

Whereas, A state of civil war exists in the United States,
brought on by reason of a rebellion in nine of the aforesaid States;

AxD WHEREAS, Said rebellion finds friends in certain localities
v>nthin the limits of loyal States, v,'hom, we have reason to believe,
have, in various ways, given "aid and comfort" to the rebellion,
by discouraging enlistments and openly declaiming against the
levying and collecting of taxes necessary to carry on the war ;

And whereas, in some instances, a preference for the govern-
ment of the so-called " Confederate States of America" has been
openly expressed by men of some prominence in public speeches,
with a view to embitter the public mind and embarrass the Gene-
ral Government in its attempts to suppress said rebellion; there-
fore.

Resolved., That, in the opinion of this Assembly, the prompt and
proper arrest of such persons by the military authorities, is not only

in harmony with military usage, but in no way inconsistent with
the spirit of the Constitulion and law^ of the conntry, and ought,
for the safety of the common country, to be promptly made.

Mr. Kendrick moved to refer the resolution to the Committee on
Federal Relations.

Agreed to. . '

The Speaker laid before the House the following communication
from the State Librarian :

Mr. Speaker:

In answer to the acccitupanying resolution, I would state that
there are some one hundred and fifty seats in the Representative
Hall, and that some thirty more can be had out of the Supreme
Court room, for the occasion of the joint convention this after-
noon. I suppose one hundred and fifty seats will be necessary for
the joint convention. "Lobby members" and miscellaneous spec-
tators can afibrd to stand up. I should thi:ilv it entirely unneces-
sary to buy any more seats, to be broken up and destroyed during
the recess of the Legislature.

Mr. Newman ofl'ered the following resolution :

Whereas, The Federal Constitution declares that treason
against the United States shall consist in levying war against
them, in adhering to their enemies, giving them aid and comfort,

And Whereas, A large portion of the inhabitants of the South-
ern States are now in arms, waging a fearful war for the overthrow
of the Union, therefore,

Resolved, Tliat any person who is engaged in, or that in any
way aids or assists the infamous rebellion now being waged against
the United States, is guilty of treason, and ought to suffer the pun-
ishment prescribed by law therefor.

Mr. Roberts moved to refer the resolution to the Committee on
Federal Relations.

The resolution was so referred.

Mr. Milroy in the Chair.

Mr. Busk irk moved to reconsider the vote of the House, on the

resolution offered by Mr. Beyerle, on Monday last, in reference to
taking three copies of the Free Press for each member.

Agreed to. ■ .

The question then being upon the adoption cf Mr. Beyerle's
resolution,

It was adopted.

BILLS INTRODUCED.

By Mr. Forrester :

House bill No. 15. An act to authorize the Governor to issue a
patent to Aaron Foster, for certain Michigan Road Land in
Laporte county.

Was read the first time, and passed to a second reading.

By Mr. Gregory :

House bill No. 16. An act to enable landlords and tenants,
lessors and lessees, to contract with each other, so as to secure the
rights of each.

Was read the first time, and passed to a second reading.

On motion of Mr. Niblack,
The order of business was suspended, in order to receive a report
of the Committee on Ways and Means.

Mr. Niblack, from the Committee on Ways and Means, made
the following report :

Mr. Speaker:

The Committee on Ways and Means have instructed me to
report the following resolution, and to respectfully ask its adoption:

Resolved^ That the Committee on Ways and Means be author-
ized to employ a clerk, and such assistants as may be necessary for
the prompt, elficient, and economical discharge of its duties.

The resolution was adopted.

The order of business was resumed.

By Mr. Forrester :

House bill No. 17. An act to confer in and make valid f^ales of
real estate of Indiana made by trustees, and by domestic and
foreign executors.

Was read the first time, and passed to a second reading.

By Mr. Brown :

House bill No. 18. An a,ct to amend section six of an act entitled
" An act regarding estrays and articles adrift,'' approved June 16,
1852.

Which was read the first time and passed to a second reading.

By Mr. Packard:

House bill No. 19. An act supplemental to an act to enforce the
18th article of the Constitution, approved June 18, 1852, in relation
to evidence in cases under said act, and prohibiting the bringing of
negroes into this State, and prescribing the penalty therefor.

Which was read the first time and passed to a second reading.

By Mr. Atkison:

House bill No. 20. An act to amend section 46 of "An act to
provide for a general system of Common Schools, the officers there-
of, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,"
approved March 11, 1861.

Which was read the first time, and passed to a second reading.

By I\Ir. Bird :

House bill No. 21. An act regulating interest on loans of
money.

Which was read the first time, and passed to a second reading.

By Mr. Given : .

House bill No. 22. To amend section twenty-seven of an act
regulating the granting of divorces, nullification of marriages, de-
crees and orders of Court incident thereto.

Which was read the first time, and passed to a second reading.

By Ml". Anderson :

House bill No. 23. An act to fix the succession of title to real
estate held by covinty and district agricultural societies.

Wliich was read the first time, and passed to a second reading.

By Mr. AVoodruff:

House bill No. 24. An act to amend an act to provide for a
system of common schools, &c.

Which was read the first time, and passed to a second reading.

By Mr. Lemmon of Spencer:

House bill No. 25. An act authorizing supervisors of roads to
remove fences and biiildings standing near public highways on
streams and water-courses, and to assess damages for losses occa-
sioned thereby.

Which was read the first time, and passed to a second reading.

On motion of Mr. Moorman,
The House took up the messages received from the Senate.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inixirm the House that the Senate
has concurred in the following resolution of the House, viz :

Resolved, By the House of Representatives (the Senate con-
cuiTing), that the two Houses meet in joint convention in this Hall
at four o'clock P. M., or immediately after the election of United
States Senators this day, and proceed to the election of State
Agent, President of the Board of Sinking Fund Commissioners,
State Printer, and State Librarian, in the o.der in which they are
named in the resolution, with the following amendment;

Striking out the words " State Printer."

In which the concurrence of the Plouse is requested.

Mr. Holcomb moved that the House concur in the amendment
of the Senate.

Which was agreed to.

Ordered, That the Clerk inform th.e Senate thereof.

Senate bill No. 1.' A bill appropriating twenty-five thousand
dollars for the expenses of the present General Asscmibly, and pro-
viding the manner of the payment of the members and officers of
the Senate and House of Representatives.

Was read the first time.

Mr. Niblack moved that the rule be suspended, and the bill read
a second time now.

The question being on the suspension of the rule,

Those who voted in the affinnative ivere —

Messrs.

Abbett,

Anderson,

Atkison,

Baker,

Blocher,

Brogan,

Brown,

Budd,

Burton,

Beyerle,

Cass,

Chambers,

Collins,

Cook,

Davis,

De Bruler,

Ferris,

Forrester,

Garvin,

Give n,

Gregory,

Griffith,

Hall,

Hanna,

Harden of W.,

Hetfield,

Hershey,

Higgins,

Holcomb,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

Hutchings,

James,

Johnson,

Jones,

Kemp of Dubois

Kemp of Vigo,

Kendrick,

Kilgore,

Lake,

Lamb,

Lasselle,
Lee,
Leeds,

Lemmon of H.,
Lemmon of S.,
Marshall,
Mason,
McCaughey,
Miller,
Milroy,
Moorman,
Morgan,
Mustard,
Mutz,
Newman,
Niblack,
Noyes,

.O'Brien of M.,
Osborn,
Packard,
Pendleton,
Perry,
Pettibone,

Priest,

Puett,

Reitz,

Richardson,

Rippey,

Roberts,

Robinson,

Roe,

Ryan,

Shaffer,

Shoaff of Allen,

Shoatlof Jay,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Waterman,

Williams,

Wolfe,

M'oodruff,

Woollen,

Mr. Speaker-93.

Those ivho voted in the negative were —

Messrs. Donaldson and Hardin of Perry — 2.

More than two-thirds of the members having voted in the
H. J.— 5

• . 66

affirmative, the rule was suspended, and the bill was read the
second time.

Mr. Niblack moved that the bill be referred to the Committee on
Ways and Means,

Agreed to.

On motion of Mr. Packard,
The House adjom-ned until 2 o'clock, P. M.

2 o'clock, p. m.

The House resumed the orders of the day.

HOUSE BILLS ON SECOND READING.

House bill No. 7. An act to amend section ten of an act enti-
tled an act providing for the election and qualification of justices
of the peace, and defining their jm'isdiction, powers, and duties in
civil cases, approved June 9, 1852 ; approved March 11, 1861.

Was read the second time.

Mr. Anderson moved that the bill be referred to the Committee
on 'the Judiciary. •

Agreed to.

House bill No. 8. A bill in relation to surviving partners.
Was read the second time.

Mr. Newman moved to refer it to the Committee on Judiciary.
Agreed to.

House bill No. 9. To repeal an act to ascertain the fees of cer-
tain officers.

Was read the second time.

Mr. Miller moved to refer the bill to the Committee on Fees and
Salaries.

House bill No. 10. An act to divest the title to the County
Seminary Grounds of Grant County, from the Trustees of the
County Seminary, and to invest the same in the Board of County
Commissioners.

Was read the second time.

iVIr. Griffith moved to refer it to the Committee on Judiciary.
It was so referrea.

House bill No. 11. An act to amend an act for the enforcement
of the thirteenth article of the Constitution.
Was read the second time.

Mr. Woollen moved to refer the bill to the Select Committee on
the enforcement of the Thirteenth Article of the Constitution.
Which was agreed to.

House bill No. 12. An act for the relief of Jas. M. Dorr.
Was read the second time.

Mr. Cass moved to refer the bill to the Committee on Judiciary.
Agreed to.

House bill No. 13. An act to create Fourteenth Judicial Circuit.
Was read the second time.

Mr. Harney moved to refer the bill to the Committee on the
Organization of Courts.

On a division of the House the motion was agreed to.

House bill No. 14. An act to amend section five of an act enti-
tled " an act to regulate and license the sale of spirituous, vinous,
malt and other intoxicating liquors ; to prohibit the adulteration of
liquors ; to repeal all former laws contravening the provisions of
this act, and prescribing penalties for violation thereof," approved
March 5, 1859. -

Was read the second time.

Mr. Van Buskirk moved to refer the bUl to the Committee on
Temperance.

Mr. Roberts moved to amend the motion by referring to the
Committee on Judiciary.

Which was agreed to, and the bill referred to the Committee on
the Judiciary.

The Speaker announced the following Select Committee of one
from each Congi-essional District, to whom all matters relating to
the enforcement of the thirteenth Article of the Constitution of the
State, shall be referred, viz :

Messrs. Woollen, Given, Ryan, Brown, Van Buskirk, Moorman,
Hanna, Gregory, Cass. Bird and Leeds.

Mr. Niblack offered the following resolution :

Resolved, That this House is now ready to go into joint conven-
tion, as provided by the concurrent resolutions of the two houses
of this General Assembly, heretofore adopted, and that the Senate
be invited to repair immediately to the hall of this House for that
purpose.

Which was adopted, and the Clerk ordered to inform the Senate
thereof.

Mr. Brown oflfered the following resolution :

Resolved, That His Excellency, the Governor, be requested to
inform this House at an early day, whether any money has been
paid by any person or persons, conscientiously opposed to bearing
arms, to any military or other officer in this State, and if so, what
disposition has been made of it.

Adopted.

Mr. Hanna offered the following resolution :

Whereas, His Excellency, Governor O. P. Morton, in the midst
of his arduous and patriotic endeavors as commander-in-chief of
the military and naval forces of the State of Indiana, has neglected
to deliver his annual message to the General Assembly thereof,
therefore,

Resolved, That this House adopt the exalted and patriotic senti-
ments contained in the message lately delivered to the Legislature
of New York, by His Excellency, Horatio Seymour.

Which was informally passed over.

The hour for the meeting of the Senate and House of Repre-
sentatives in joint convention having arrived, the Senate, preceded
by the Hon. Paris C. Dunning, their President, appeared in the

hall of the House, where seats were provided for them on the right
of the Speaker's chair.

Upon calling the joint convention to order, the President of
the Senate announced that the General Assembly were met in
joint convention, pursuant to a concurrent resolution of both
branches thereof, for the purpose of electing two United States
Senators, one to hold his office until the third day of March next,
inclusive, the other for six years from the fourth day of March
next, inclusive ; also, for the election of Agent of State, a Presi-
dent of the Board of Sinking Fund Commissioners, and a State
Librarian.

Senator Ray offered the following resolution, which was adopted :

Whereas, The two branches of the General Assembly being
now convened in joint convention, in pursuance of a concurrent
resolution of said branches, for the purpose therein mentioned,
therefore,

Resolced, That we do now proceed, in pursuance of said con-
current resolution, to the election of one United States Senator, to
serve from this date until the fourth day of March, 1863, and one
United States Senator to serve for the term of six years from and
after the fourth day of March, 1863, and that the election be by
viva voce vote.

Mr. Bird nominated, as candidate for United States Senator, for
the short term, David Turpie, of White county.

Mr. jNIoorman nominated Daniel D. Pratt, of Cass county.

Those ivho voted for David Turpie were —

Messrs. Dunning,

Hord,

Eay,

Bradley, Finch,

Jenkins,

Shields,

Brown of Wells, Fuller,

Johnson,

Shoulders,

Cobb, Gaff,

Landers,

Williams,

Corbin, Gilford,

McClurg, ^

Wilson,

Davis of Cass, Hartley,

Marshall,

Wolfe,

Douglas, Hoagland,

Moore,

Of the Senate. Also,

Messrs. Hanna,

Lee,

Reitz,

Abbett, Harden of W.,

Leramon of H.

, Richardsor

Bird,
Blocher,

Hardin of
Harney,

Perry.

, Lemmon of S.,
Mason,

Rippey,
Roberts,

Brogan,
Brown,

Hetfield,
Holcomb,

McCaughey,
Miller,

Ryan,
Shaffer,

Burton,

Hon,

Milroy,

Shoaff of Allen,

Collins,

Howard,

Mutz,

Shoaff of Jay,

Cook,
De Bruler,

Howell,
Howk,

Niblack,
O'Brien of M.,

Spencer,
Veatch,

Donaldson,

Humphreys,

Osborne,

Waterman,

Ferris,

Kemp of Dubois

, Packard,

Williams,

Garvin,

Kemp of

Vigo,

Pendleton,

W^olfe,

Given,

Lake,

Priest,

Woollen,

Hall,

Lasselle,

Puett,

Mr. Speaker.

Of the House. Total— 85.

Those who voted for Mr. Pratt were-

Messrs.

Campbell,

Grubb,

Pleak,

Bearss,

Claypool,

Mansfield,

Reed,

Beeson,

Culver,

March,

Teegarden,

Berry,

Davis of Parke

, Mellett,

White,

Blair,

Dickinson,

Murray,

Wright,

Brown of R.,

Graves,

New,

Of the Sena1

:e. Also,

Messrs.

Davis,

Johnson,

Newman,

AbdiU,

Forrester,

Jones,

Noyes,

Anderson,

G^i'egg,

Kendrick,

Perry,

Atkison,

Gregory,

Kilgore,

Pettibone,

Baker,

Griffith,

Lamb,

Robinson,

Branham,

Hershcy,

Leeds,

Roe,

■Budd,

Higgins,

Marshall,

Stone,

Beyerle,

Hostetter,

Moorman,

Tarkington,

Cason,

Hutchings,

Morgan,

Van Buskirk,

Cass,

James,

Mustard,

Woodruff,

Chambers,

Of the House. Total— 62.

Mr. Turpie was declared, by the President, to be duly elected
United States Senator, to serve until the third day of March, 1863,
inclusive.

Mr. Blocher, of the House, nominated Thomas A. Hendricks of
Marion county, as candidate for United States Senator for the long
term.

Senator March nominated Joseph A. Wright of Parke county.

Those who voted for Mr. Thomas A. Hendricks, were —

Messrs. Dunning, Hord, Ray?

Bradley, Finch, Jenkins, Shields,

Brown of Wells, Fuller, Johnson, Shoulders,

Cobb, Gaff, Landers, Williams,

Corbin, Gifford, McClurg, Wilson,

Davis of Cass, Hartley, Marshall, W^olfe,

Douglas, Hoagland, Moore,

Of the Senate. Also,

Messrs.

Abbett,

Bird,

Blocher,

Brogan,

Brown,

Burton,

Collins,

Cook,

De Bruler,

Donaldson,

Ferris,

Garvin,

Given,

Hall,

Hanna,

Harden of W.,

Hardin of Perry,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Humphries,

Kemp of Dubois.

Kemp of Vigo,

Lake,

Lasselle,

Lee,

Lemmon of H.,

Lemmon of S.,

Mason,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Priest,

Puett,

Reitz,

Richardson,

Rippey,

Roberts,

Ryan,

Shafler,

ShoafFof Allen,

ShoafFof Jay,

Spencer,

Veach,

Waterman,

WiUiams,

Wolfe,

Woollen,

Mr. Speaker,

Of the House. Total— 85.

Those who voted for Joseph A. Wright loere —

Messrs. Campbell, Grubb, Pleak,

Bearss, Claypool, Mansfield, Reed,

Beeson, Culver, March, Teegarden,

Berry, Davis of Parke, Mellett, White,

Blair, Dickinson, Murray, Wright,

Brown of R., Graves, New,

Of the SeE

late. Also,

Messrs.

Chambers,

James,

Newman,

AbdiU,

Davis,

Johnson,

Noyes,

Anderson,

Forrester,

Jones,

Perry,

Atkison,

Gregg,

Kendrick,

Pettibone,

Baker,

Gregory,

Lamb,

Robinson,

Branham,

Griffith,

Leeds,

Roe,

Budd,

Hershey,

Marshall,

Stone,

Beyerle,

Higgins,

Moorman,

Tarkington,

Cason,

Hostetter,

Morgan,

Van Buskirk;

Cass,

Hutchings,

Mustard,

Woodruff,

Of the House. Total— 61.

Mr. Kilgore voted for Hon. Schuyler Colfax — 1.

The President of the Joint Convention declared Thomas A.
Hendricks duly elected United States Senator, to serve as such for
six years from the fourth of March, 1863, inclusive.

On motion of Senator Wolfe,

The Joint Convention proceeded to the election of an Agent of
State, a President of the Board of Sinking Fund Commissioners,
and a State Librarian.

Mr. Holcomb nominated for Agent of State, John C. Walker
of Laporte county.

Mr. Moorman nominated James D. McDonald.

Those who voted for John C. Walker were-

Messrs. Dunning,

Bradley, Finch,

Brown of Wells, Fuller,
Cobb, Gaff,

Corbin, Gifford,

Davis of Cass, Hartley,
Douglas, Hoagland,

Of the Senate. Also,

Messrs.
Abbett,

Hall,
Hanna,

Hord,

Ray,

Jenkins,

Shields,

Johnson,

Shoulders,

Landers,

Williams,

McClurg,

Wilson,

Pvlarshall,

Wolfe,

Moore,

Lasselle, "

Reitz,

Lee,

Richardson,

Bird,

Bloucher,

Brogan,

Brown,

Burton,

Collins,

Davis,

DeBruler,

Donaldson,

Ferris,

Garvin,

Given,

Gresfsf,

Harden of W.,

Hardin of Perry,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Humphries,

Ivemp of Dubois,

Kemp of Vigo,

Lake,

Lemmon of H.,

Lemmon of S.,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Priest,

Puett,

Rippey,

Roberts,

Ryan,

Shaffer,

ShoafF of Allen,

Shoaff of Jay,

Spencer,

Veatch,

Waterman,

M^illiams,

Wolfe,

Woollen,

Mr. Speaker,

Of the House. Total— 85.

Those ivho voted for James D. McDonald icere —

Messrs. Campljcll, Grubb,

Bearss, Claypool, Mansfield,

Beeson, Culver, March,

Berry, Davis of Parke, Mellett,

Blair, Dickinson, Murray,

Brown of R., Graves, New,

Of the Senate. Also,

Messrs.

Abdill,

Anderson,

Atkison,

Baker,

Branhara,

Budd,

Beyerle,

Cason,

Cass,

Chambers,

Cook,

Crregory,

Griffith,

Hershey,

Higgins,

Hostetter,

Hutchings,

James,

Johnson,

Of the House. Total— GO.

Jones,

Kendrick,

Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Pleak,

Reed,

Teegarden,

White,

Wright,

Noyes,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

Van Buskirk,

Woodruff,

John C. Walker was declared, by the President of the Conven-
tion, duly elected Agent of State.

Mr. Holcomb nominated Washington H. Talbott as President

of the Board of Sinking Fund Commissioners.
Senator ?klarch nominated Elijah B. Martindale.

Those ivho voted for Washington H. Talbott were —

:\Iessrs.

Dunning,

Hord,

Ray,

Bradley,

Finch,

Jennings,

Shields,

Brown of Wells

, Fuller,

Johnson,

Shoulders,

Cobb,

Gafi;

Landers,

Williams,

Corbin,

Gifford,

McClurg,

Wilson, and

Davis of C,

Hartley,

Marshall,

Wolfe,

Douglas,

Hoagland,

Moore,

Of the Senate. Also,

Messrs.

Hanna,

Lee,

Rietz,

Abbett,

Harden of W.,

Lemmon of H.,

Richardson,

Bird,

Hardin of Perry,

Lemmon of S.,

. Rippey,

Blocher,

Harney,

Mason,

Roberts,

Brogan,

Hetfield,

McCaughey,

Ryan,

Brown,

Holcomb,

Miller,

Shaffer,

Burton,

Hon,

Milroy,

Shoaff of Allen,

Collins,

Howard,

Mutz,

ShoafFof Jay,

Cook,

Howell,

Niblack,

Spencer,

DeBruler,

Howk,

O'Brien of M.,

Veatch,

Donaldson,

Humphries,

Osborne,

Waterman,

Ferris,

Kemp of Dubois

i, Packard,

Williams,

Garvin,

Kemp of Vigo,

Pendleton,

Wolfe,

Given,

Lake,

Priest,

Woollen,

C-^regg,

Lasselle,

Puett,

Mr. Spealver,

Hall,

Of the House. Total— 86.

Mr. Atkison voted for Hon. E. Dumont.

Those ivho voted for Elijah B. Martindale were —

Messrs.
Bearss,
Beeson,
Berry,

Campbell, Grubb, Pleak,

Clay pool, Mansfield, Reed,

Culver, March, Teegarden,

Davis of Parke, Mellett, White,

Blair,

Dickinson,

Murray,

Wright,

Brown of R.

Graves,

New,

Of the Senate. Also,

Messrs.

Davis,

Jones,

Noyes,

Abel ill,

Forrester,

Kendrick,

P(;rry,

Anderson,

Greo^ory,

Kilgore,

Pettibone,

Baker,

Griffith,

Lamb,

Robinson,

Bran ham,

Hershey,

Leeds,

Roe,

Budd,

Higgins,

Marshall,

Spencer,

Beyerle,

Hostetter,

Moorman,

Tarkington,

Cason,

Hatchings,

Morgan,

Van Buskirk,

Cass,

James,

Mvistard,

Woodruff,

Chambers,

Johnson,

Newman,

Of the House. Total— 60.

The President of the Joint Convention declared Washington H.
Talbott duly elected President of the Board of Sinking Fund
Commissioners.

Mr. Holcomb nominated for State Librarian David Stephenson.
Mr. Moorman nominated Robert D. Brown.

Those loho voted for David Stephenson were —

Messrs.

Dunning,

Hoagland,

Moore,

Bradley,

Finch,

Hord,

Ray,

Brown of Wells

, Fuller,

Jenkins,

Shields,

Cobb,

Gaff,

Johnson,

Shoulders,

Corbin,

Gifibrd,

Landers,

Williams,

Davis of Cass,

Graves,

McCiurg,

Wilson,

Douglas,

Hartley,

Marshall,

Wolfe,

Of the Senate. Also,

Messrs.

Harden oi

W.,

Lemmon of H.

Richardson,

Abbett,

Hardin of

Perry

, Lemmon of S.,

Rippey,

Bird,

Harney,

Mason,

Roberts,

Blocher,

Hetfield,

McCaughey,

Ryan,

Brogan,

Holcomb,

Miller,

Shaffer,

Burton,

Hon,

Milroy,

Shoaff of Allen,

Collins,

Howard,

Mutz,

Shoaff of Jay,

Cook, Howell, Niblack, Spencer,

DeBruler, Howk, O'Brien of M., Veatch,

Donaldson, Humphries, Osborne, Waterman,

Ferris, Kenipof Dubois, Packard, Williams,

Garvin, Kemp of Vigo, Pendleton, Wolfe,

Given, Lake, Priest, Woollen, and

Hall, Lasselle, Puett, Mr. Speaker,

Hanna, Lee, Reitz,

Of the House. Total— 85.

Mr. Brown of Jackson was excused from voting.

Those who voted for Robert D. Broivn were —

Messrs.

Campbell,

Mansfield,

Pleak,

Bearss,

Claypool,

March,

Reed,

Beeson,

Culver,

Meilett,

Teegarden,

Berry,

Davis of Parke,

Murray,

White, and

Blair,

Dickinson,

New,

Wright,

Brown of R,

Grubb,

Of the Senate. Also,

Messrs.

Davis,

Johnson,

Newman,

Abdill,

Forrester,

Jones,

Noyes,

Anderson,

Gregg,

Kendrick,

Perry,

Atkison,

Gregory,

Kilgore,

Pettibone,

Baker,

Griffith,

Lamb,

Robinson,

Branham,

Hershey,

Leeds,

Roe,

Budd,

Higgins,

Marshall,

Stone,

Beyerle,

Hostetter,

Moorman,

Tarkington,

Cason,

Hutchings,

Morgan,

Van Buskirk.

Cass,

James,

Mustard,

Woodruff,

Chambers,

Of the House. Total— 61.

The President of the Joint Convention declared David Stephen-
son duly elected State Librarian.

On motion of Senator Wolfe,
The officers of this Convention were directed to certify to the
Governor the elections made this afternoon.

The President declared the Joint Convention adjourned sine die.

On morion of Mr. Blocher,
The House adjourned until To-morrow morning at 9 o'clock.

THURSDAY, 9 o'clock, A. M., \
January 15, 1863. \

The House met.

The journal of yesterday was read, corrected and approved.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform The House of Representa-
tives that the Senate has adopted the following joint rules, reported
from the joint committee, with the following amendment:
■ Strike out the tenth rule.

In which the concuiTcnce of the House is respectfully requested.

. Mr. Branham moved to take up the message from the Senate,
Which was agreed to.

The joint rules were read.

Ml'. Branham moved to recommit the rules to the joint commit-
tee on the revision of joinT rules.
Agreed to.

Mr. Niblack asked leave of absence for Mr. Holcomb,
To which the House consented.

Mr. Hutchings asked leave of absence for Mr. Roe,
Which was granted by the House.

Mr. Gregory offered t!ie following resolution, which was adopted:

Resolved^ That the Judiciary Committee be instructed to exam-
ine and see whether there is any law of this State in force in rela-

tion to assaults, and prescribing punishment therefor; and if no
such law is in force, then that said committee report to this House
a bill on that subject.

Mr. Moorman offered the following resolution, which was adopt-
ed :

Resolved^ That the Committee on Ways and Means be instructed
to report at as early a day as practicable a bill making the neces-
sary general appropriations for the years 1863 and 1864.

By Mr. Mason:

Resolved, That the Committee on the Judiciary be requested to
inquire as to the constitutionality and expediency of the passage
of a law requiring every voter to be a resident of the township ten
or more days before he is entitled to vote.

Which was adopted.

By Mr. Higgins:

Resolved, That the Doorkeeper of this House fee instructed to
obtain and place upon the desk of the members of this House the
acts of the General Assembly of this State for the year 1861.

Mr. Woollen moved to amend by adding the acts of 1859.

The amendment was not adopted. • ;

The resolution was adopted.

Mr. Wolfe offered the following concurrent resolution :

Resolved, By the House of Representatives (the Senate concur-
ring,) that the two houses meet in Joint Convention in this hall,
at 10 o'clock A. M. to-morrow, and proceed to the election of three
Directors for the State Prison South, and three for the State Prison
North; also, a State Printer, in the order named.

Mr. Bird moved to amend by inserting " Wednesday next at 2
o'clock P. M.," instead of "10 o'clock A. M. to-morrow."

, Mr. Woollen accepted the amendment.

The resolution, as thus amended, was then adopted.

Ordered, That the Clerk inform the Senate thereof.
By Mr. Ferris :

Resolved, That the law of Congress erecting certain Counties of
Virginia into a State, called the State of Western Virginia, is an
original independent act of revolution, and involves a plain breach
of both Constitutions of Virginia and the Nation, unlike the eman-
cipation Proclamations, it is not sought to be justified by the
authors on the pretense of military necessity. Its passage by Con-
gress, and approval by the President, betray even more than any
former act of Congress or of the President had betrayed, the
deliberate purpose of the administration and the political majority
of Congress to set aside the Constitution, and establish upon the
common ruins of the Union and the Sovereignty of the States, a
revolutionary government, monarchial and military in its character,
and in which all the great guarantees of civil liberty recently so
recklessly assailed, will be known now and forever.

2nd, Resolved, That it is to the people we must look for a restor-
ation of the Union, and the blessings of peace, and to these ends
we should direct our earnest and honest efforts, and hence we are
in favor of the Assembly of a National Convention of all the States
at Louisville, Kentucky, at the earliest practicable period, to so
adjust our national difficulties, that the States may live together in
harmony, each being secured in the rights guaranteed respectively
to all by our fathers.

Zrd. Resolved, That we earnestly recommend a cessation of
hostilities, for such period as may be necessary, to allow the people
of the North and South to express, through a National Convention,
their wish for peace and a maintenance of the Union as it was,
under the Constitution as it is.

4^/i. Resolved, That the General Government has no power
under the Constitution to tax the people of the State of Indiana,
for the purpose of raising money with which to buy the Slaves of
the Southern States. And we now declare, in advance, that all
debts contracted on bonds, which may be issued for the purpose of
paying for any such Slaves, we hold to be utterly void for want of
authority to issue the same, and the State of Indiana will never
consent that her people shall be taxed for any such purpose.

Mr. Ferris moved to refer the resolution to the Committee on
Federal Pv,elations.

Mr. Noyes moved that the resolutions lie on the table.

Messrs. Noyes and Woodruff demanded the ayes and noes.

Mr. Atkison demanded a division of the question.

The question being shall the first resolution lie on the table.

Those ivho voted in the affirmative loere —

Messrs.

Abdill,

Anderson,

Baker,

Budd,

Cass,

Chambers,

Davis,

De Bruler,

Forrester,

Gregory,

Hershey,

Higgins,

Hostetter,

Hatchings,

James,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

Leeds,

Moorman,

Morgan,

Newman,

Noyes,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Van Buskirk,

Woodrufi— 32.

Those who voted in the negative ivere —

Messrs. Gregg, Lasselle, Puett,

Abbett, Hall, Lee, Reitz,

Atkison, Hanna, Lemmon of H., Richardson,

Bird, Harden of W., Mason, Rippey,

Blocher, Hardin, of P., McCaughey, Shaffer,

Brogan, Harney, Miller, Shoaff of Allen,

Brown, Hetfield, Milroy, Shoaff of Jay,

Burton, Hon, Mustard, Spencer,

Beyerle, Howard, Mutz. Tarkington,

Collins, Howell, Ni black, Veach,

Cook, Howk, O'Brien of M., Waterman, •

Donaldson, Humphreys, Osborn, Williams,

Ferris, Kemp of D., Packard, Wolfe,

Garvin, Kemp of V., Pendleton, Woollen, and

Given, Lake, Priest, Mr. Speaker-59.

So the House refused to lay the resolution on the table.

The question then being, shall the remaining resolutions lie on
the table ?

Those lolio voted in the affirmative loere —

Messrs.

Forrester,

Jones,

Perry,

Anderson,

Gregory,

Kendrick,

Pettibone,

Atkison,

Griffith,

Kilgore,

Robinson,

Baker,

Hershey,

Lamb,

Stone,

Budd,

Higgins,

Moorman,

Tarkington,

Cass,

Hutchings,

Morgan,

Van Buskirk,

Chambers,

James,

Newman,

"Woodruff— 30.

Davis,

Johnson,

Noyes,

Those vjho voted in the negative ivere —

Messrs.

HaU,

Lasselle,

Priest,

Abbett,

Hanna,

Lee,

Puett,

Bird,

Harden of W,,

Leeds,

Reitz,

Blocher,

Hardin of Perry, Lemmon of H

, Richardson,

Brogan,

Harney,

Mason,

Rippey,

Brown,

Hetfieid,

McCaughey,

Shaffer,

Burton,

Hon,

Miller,

Shoaff of Allen

Beyerle,

Hostetter,

Milroy,

Shoaff of Jay,

Collins,

Howard,

Mustard,

Spencer,

Cook,

Howell,

Mutz,

Veach,

De Bruler,

Howk,

Niblack,

Waterman,

Donaldson,

Humphreys,

O'Brien of M.,

Williams,

Ferris,

Kemp of Dubois

, Osborn,

Wolfe,

Garvin,

Kemp of Vigo,

Packard,

Woollen, and

Given,

Lake,

Pendleton,

Mr. Speaker-61.

Gregg,

Mr. Roberts was excused from voting.

So the House refused to lay the remaining resolutions on the
table.

The question then being on referring the resolutions to the Com-
mittee on Federal Relations,
They were so referred.

Mr. Humphreys offered the following resolution :
H. J.— 6

A resolution instructing our Representatives in Congress, and
requesting our Senators, to take measures for the suspension of
hostilities between the Government of the United States and the
Government of the Confederate States, and also to advocate the
calling of a National Convention.

Whereas, The American people, and especially the soldiers who
have from time to time enlisted in the civil war now being waged
between the Federal Government and the Government of the
Confederate States, have been confidently and repeatedly assured
by the present Administration that the rebellion existing in the se-
ceded States would be totally crushed and extinguished, and that
the Government should be restored as it originally existed under
the Constitution, with all the rights of the several States unim-
paired :

And Whereas, Civil war has already existed for a period of
nineteen months or more, and there is no probability of a speedy
termination of said war:

And Whereas, All pledges and assurances given by the Admin-
istration in regard to the restoration of the Union under the Con-
stitution, with all the rights of the several States unimpaired, have
been repeatedly violated by the present Administration, by the is-
suing of proclamations directly interfering with the rights of some
of the States under the Constitution:

And Whereas, Hundreds of thousands of the best and bravest
of American citizens have fallen on the field of battle, or have re-
ceived wounds or contracted disease, while engaged in the service,
which will render them hopeless and helpless invalids for life :

And Whereas, The same causes and issues which brought on
the present war are still before the people, and must be settled by
compromise at the expiration of this unfortunate struggle, when-
ever that much desired event shall occur; therefore, be it

Resolved, By the House (the Senate concurring), that our Rep-
resentatives in Congress be instructed, and onr Senators requested,
to take such measures as are necessary to suspend hostilities be-
tween the Government of the United States and the Government
of the Confederate States; and also to advocate the calling of a
convention of delegates from the loyal States to adopt some
measures for the restoration of peace to our divided country, and
for the re-union of all the States under the Constitution of our
fathers, with all the rights of all the States unimpaired.

Mr. Donaldson moved to amend by interchanging the words
"instructed" and "requested."

Mr. Roberts moved to refer the resolution and the amendment
to the Committee on Federal Relations.
Agreed to.

Mr. Baker offered the following resolution :

Whereas, Our once happy and peaceful country is distracted by
the rebellion of a part of the States, and as it requires the imited
efforts of the loyal people to suppress so formidable an insurrec-
tion:

And Whereas, The President of the United States is the le-
gally constituted head of the Government and Commander-in-
Chief of the Array; therefore, be it

Resolved, That we will act and use our influence, on all proper
occasions, to thwart the schemes of any man, or set of men, to
destroy or weaken our common country; and we will do all within
our power to disorganize and discourage those that are fighting to
overthrow this Government.

Resolved, That we will endeavor to uphold and strengihen the
Union army, and though we may differ as to the best policy of
conducting the war, where a plan has been adopted by the Gov-
ernment for the restoration of the Union, we will try to make such
plan effectual to the speedy restoration of peace.

Mr. Roberts moved to refer the resolution to the Committee on
Federal Relations.
Agreed to.

Mr. Morgan offered the following resolution:

Resolved, That the State of Indiana is unalterably attached to
the Union of aU the States of the Federal Government; that we
will, at no time and under no circumstances, consent nor agree to
any measure tending to the withdrawal of this or any other State
from the Union; that the dissolution of this Government is a
measure fraught with the most fearful consequences, and would be
a calamity destroying the hopes of all lovers of free government;
that the State of Indiana will use all means within her power to
put down the present rebellion and restore the Government to i^s

former constitutional limits; that the doctrine that any State has
a right to secede from this Government at its pleasure, is unwar-
ranted by the Constitution, inconsistent with every feature of the
system of our confederation, and can be justified vmder no circum-
stances whatever; that the State of South Carolina, when she
inaugurated the present rebellion, committed an act which we be-
lieve to be in direct antagonism to the pledges she had made to
sustain the Federal Constitution, and that she should be held
responsible for the sacrifices of blood and treasure that have been
made to perpetuate the Union of our fathers.

On motion of Mr. Hall,
The resolution was referred to the Committee on Federal Rela-
tions.

Mr. Taikington otfered tlie following resolution, which was
adopted :

Resolved, That the Committee on the Sinking Fund be directed to
enquire into the expediency of liquidating the debt of the State
University — incurred for the erection of the College Building — to
the Board of Commissioners of the Sinking Fund, by the transfer
to said Board of the evidences of indebtedness existing against
purchasers of lands, granted by the United States to the State of
Indiana, for the use of said University, and sold by the said Trus-
tees under an act of the General Assembly of Indiana, entitled " an
act for the relief of Indiana University, &c.," approved March 2,
1859, in discharge of an equal amount of indebtedness of the said
Trustees to said Board, and Report to this House by bill or other-
wise.

Mr. Brown moved to take up the resolution of Mr. Roberts, in
regard to referring all matters of a political character to the Com-
mittee on Federal Relations.

To which the House consented.

Mr. Brown withdrew his motion to amend the resolution.
The resolution of Mr. Roberts was then adopted.
Mr. Howk offered the following resolution, which was adopted:
Resolved, That a committee of three be appointed to ascertain

from the State Librarian and other State Officers, and report to
this House, whether or not convenient rooms can be obtained in the
State House, for the accommodation of the various committees of
this House.

Mr. Cook offered joint resolution number four, in relation to the
Southern Rebellion, which, on motion of Mr. Niblack, was referred
to the Committee on Federal Relations.

The Speaker announced the following committee to confer with
t!ie State Librarian and other State Officers, viz :

Messrs. Howk, Tarkington and Harney. •'

Mr. Hon offered the following resolution, which was adopted :

Resolved, That this House returns its thanks to the many noble
and patriotic ladies of Indiana, for their care in providing for our
sick and wounded soldiers in hospitals in this and other States.

Mr. Anderson offered the following resolution :

Resolved, That the Committee on Public Printing be, and are
hereby directed to enquire into the expediency of preparing and in-
troduce into this House, a bill abolishing the office of State Printer,
and providing for having the printing of the State done by con-
tracts, by the lowest bidder.

Mr. Donaldson moved to amend, by making the resolution one
of inquiry, instead of one of instruction.
The amendment w^as adopted.

The resolution as amended was then adopted.

BILLS INTRODUCED.

By Mr. Niblack:

House bill No. 26. An act fixing the time for holding the next
terms of the several Circuit Courts in the Third Judicial District,
and repealing all laws in conflict therewith.

Was read the first time.

Mr. Niblack moved that the rules be suspended, and the bill
read a second time now.

The question being on the suspension of the rules.
Those ivho voted in the affirmative were —

Messrs.

Garvin,

Kemp of Dubois

,, Perry,

Abbett,

Given,

Kemp of Vigo,

Priest,

Abdill,

Gregg,

Lake,

Puett,

Anderson,

Gregory,

Lamb,

Reitz,

Atkison,

Griffith,

Lasselle,

Richardson,

Baker,

Hall,

Leeds,

Rippcy,

Bird,

Hanna,

Lemmon of H.,

Roberts,

Blocher,

Harden of W.,

Mason,

Robinson,

Brogan,

Hardin of Perry

, McCaughey,

Shafler,

Brown,

Harney,

Miller,

ShoatTof Allen,

Budd,

Hetfield,

Milroy,

ShoafF of Jay,

Burton,

Hershey,

Moorman,

Spencer,

Beyerle,

Higgins,

Morgan,

Stone,

Cass,

Hon,

Mustard,

Tarkington,

Chambers,

Hostetter,

Mutz,

Van Buskirk,

Collins,

Howard,

Newman,

Veach,

Cook,

Howell,

Niblack,

Waterman,

Davis,

Hovvk,

Noyes.

Williams,

De Bruler,

Humphreys,

O'Brien of M.,

Wolfe,

Donaldson,

Hutchings,

O shorn,

Woodruff,

Ferris,

Johnson,

Packard,

Woollen,

FoiTCstcr,

Jones,

Pendleton,

Mr. Speaker-86

Those tuho voted in the negative ivere —

None.

So the rule was suspended, and the bill read a second time.

Ordered, That the bill be engrossed.

Mr. Niblack moved that the rules be further suspended, and the
bill read the third time.

The question being on the further suspension of the rule.

Those vjho voted in the affirmative were —

Messrs. Garvin, Kempof Dubois, Packard,

Abbett, Given, Kemp of Vigo, Pendleton,

AbdiU,

Gregg,

Kendrick,

Priest,

Atkison,

Gregory,

Lasselle,

Reitz,

Baker,

Griffith,

Lee,

Richardson,

Bird,

Hanna,

Leeds,

Rippey,

Blocher,

Harden of W.,

Lemmon of H.

, Roberts,

Brown,

Hardin of Perry, Mason,

Robinson,

Budd,

Hetfield,

McCaughey,

Shatter,

Burton,

Hershey,

Miller,

Shoaff of Allen,

Cass,

Higgins,

Milroy,

Shoaff of Jay,

Chambers,

Hon,

Moorman,

Spencer,

Collins,

Hostetter,

Mustard,

Veach,

Cook,

Howard,

Mutz,

Waterman,

Davis,

Howell,

Newman,

Williams,

De Bruler,

Humphreys,

Niblack,

Wolfe,

Donaldson,

Hutchings,

Noyes,

Woodruff,

Ferris,

Johnson,

O'Brien of M.,

Woollen,

Forrester,

Jones,

Osborne,

Mr. Speak er-73

Those ivho voted in the nesrative ivere —

Nont

So the bill was read the third time.

\ The question then being, shall the bill pass?
Those ivho voted in the affirmative ivere—

Messrs.

Garvin,

Hutchings,

Priest,

Abbett,

Given,

Kemp of Dubois, Puett,

Abdill,

G^regg,

Kemp of Vigo,

Reitz,

Atkison,

Gregory,

Lasselle,

Richardson,

Baker,

Griffith,

Lemmon of H

.,Rippey,

Bird,

Hall,

Mason,

Roberts,

Blocher,

Hanna,

McCaughey,

Robinson,

Brogan,

Harden of W.,

Miller,

Shoaff of Allen,

Budd,

Hardin of Perry

, Milroy,

Shoaff of Jay,

Burton,

Harney,

Moorman,

S pencer.

Cass,

Hetfield,

Mustard,

Tarkington,

Chambers,

Hershey,

Mutz,

Veach,

Collins,

Hon,

Newman,

Waterman,

Cook,

Hostetter,

Niblack,

Williams,

Davis,

Howard,

Noyes,

Wolfe,

De Bruler, Howell, O'Brien of M., Woodruff,

Donaldson, Howk, Osborn, Woollen,

Ferris, Humphreys, Packard, Mr. Speaker-70.

Those ivho voted in the negative ivere —
None.

So the bill passed, and the Clerk was ordered to inform the
Senate thereof.

On motion,
The House adjourned until 2 o'clock, P. M.

Z O CLOCK, p. M.

The House met.

Mr. Ferns asked that leave of absence be granted Mr. Given for
this afternoon.

To which the House consented.

BILLS LXTRODUCED.

By Mr. Waterman:

House bill No. 27. An act providing for the calling special ses-
sions of boards of county commissioners.

The bill was read a first time, and passed to a second reading.

By Mr. Lamb :

House Bill No. 28. An act to amend an act entitled "an act to
amend the third section of an act entitled an act to provide for the
protection of wild game, defining the time in which the same may
be taken or killed, and declaring the penalty for the violation of
this act, approvad February 26, 1857," which latter act was ap-
proved March 9, 1861.

The bill was read the first time, and passed to a second reading.

89
By Mr. Miller :

House bill No. 29. An act entitled an act to amend the 37th
section of an act entitled an act defining misdemeanors, and pre-
scribing punishment therefor.

The bill was read the first time, and passed to a second reading.

. By Mr. Wolfe,

House bill No. 30. An act to amend an act permitting witnesses
who are parties to an action, to testify in their own behalf.

The bill was read the first time, and passed to a second reading.

Mr. Roberts moved to reconsider the vote referring House bill
No. 1, to the Committee on Judiciary.
Which was agreed to.

By consent of the House, the bill was referred to the select com-
mittee on the enforcement of the 13th article of the Constitution.

By consent of the House, the order of business was suspended
in order to receive the report from a select committee.

Mr. Howk, from a select committee, made the following report:

Mr. Speaker :

The Select Committee raised to confer with the State Librarian,
and other State officers, for the procurement of convenient rooms
for the use of the Standing Committees of the House, respectfully
report that they are informed by the State Librarian that he has
provided three rooms on the west side for tlie House committees,
being the same number of rooms for that use at the last session of
the legislature.

The committee recommend that the said rooms be occupied as
follows : the north room by the Judiciary Committee, the room
next adjoining by the Committee of Ways and Means, and that
the third room be kept for the use, in common, of the other stand-
ing committees.

The report was concurred in.

The order of business was resumed.

By Mr. Packard:

House bill No. 31. An act authorizing the issuing of attach-
ments for violations of orders of injunction.

The bill was read the first time, and passed to a second reading.

BILLS ON SECOND READING.

House bill No 15. An act to authorize the Governor to issue a
patent to Aaron Foster, for certain Michigan Road Lands in La-
porte county ;

Was read the second time.

JMr. Forrester moved to refer the bill to the Committee on
Judiciary.

The House consented.

House bill No. 16. An act to enable landlords and tenants, les-
sors and lessees, to contract with each other so as to secure the
rights of each ;

Was read the second time.

Mr. Harney moved to r^fer the bill to the Committee on the
Rights and Privileges of the Inhabitants of this State.
Which was agreed to.

House bill No. 17. An act to confirm and make valid sales of
real estate in the State of Indiana, made by Trustees, and by Do-
mestic and Foreign Executors ;

Was read the second time.

Mr. Forrester moved to refer the bill to the Committee on
Judiciary.
Agreed to.

House bill No. 18. An act to amend section six of an act enti-
tled "An Act regarding estrays and articles adrift," approved June
16,1852;

Was read the second time.

Mr. Anderson moved to refer the bill to the Committee on County
and Township Business.
Agreed to.

House bill No. 19. An act supplemental to "An act to enforce
the 13th article of the Constitution," approved June 1852, in rela-

tion to evidence in cases under said act, and prohibiting the bring-
ing of negroes into this State, and prescribing the penalty therefor;
Was read the second time, and was referred, by the consent of
the House, to the select committee on the enforcement of the loth
article of the Constitution.

House bill No, 20. An act to amend section 46 of an act to
provide for a general system of Common Sciiool^, the officers
thereof, and their respective powers and duties, and mutters properly
connected therewith ; and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861 ;

Was read the second time.

Mr. Atkison moved to refer the bill to the Committee on Judiciary.
Agreed to.

House bill No. 21. An act regulating interest on loans of money ;
Was read the second time. ^

Mr. Bird moved to refer the bill to the Committee on Judiciary.
The House consented.

House bill No. 22. An act to amend section 27 of an act entitled
an act regulating the granting of divorces, nullification of marriages,
and decree and orders of court incident thereto, approved May 13,
1852 ;

Was read the second time.

Mr. Donaldson moved to refer the bill to the Committee on
Judiciary.

It was so ordered by consent.

House bill No. 23. An act to fix the succession of title of real
estate, held by county and district agricultural societies;
Was read the second time.

Mr. Anderson moved to refer the bill to the Committee on Agri-
culture.

The House consented.

House bill No. 24. An act to amend an act to provide for a
system of Common Schools, &c., approved March 11, 1861;
Was read the second time.

Mr. Wolfe moved to refer the bill to the Committee on Ednca-
tioii.

Agreed to.

House bill No. 25. To authorize Supervisors to remove fences
and buildings near highways, &c., and to assess damages;
Was read the second time.

Mr. Mason moved to refer the bill to the Committee on Roads.
Agreed to. ■ ■ ~

Mr. Packard od'ered the following concurrent resolution:

Rcsoli'cd,hY the House, (tlic Senate concurring), That tlie thanks
of the General Assembly of the State of Indiana are due, and are
hereby tendered to the Hon. Horatio Seymour, Governor of New
York, for tlie able and patriotic defense of the Constitution, the
laws and liberty of the American citizen, contained in his late mes-
sage to the Legislature of that State ; and particularly for his just
and high appreciation of the interests, position and patriotism of
the great North-west, and that we assure him that the conservative
people cf our beloved State are looking with deep solicitude and
confidence to his executive action, believing that they will find in it
a firm and determined resistance to the encroachments of a des-
potic Administration upon the liberties of the American people, as
well as a bold defense of the independent sovereignty of the several
States of this Union, and tliat such action will receive the warm
sympathies and hearty co-operation of ail the conservative citizens
of this State.

Resolved, That the Speaker of the House be directed to forward
copies of these concurrent resolutions to his Excellency, Governor
Seymour, and to the Legislature of that State.

Messrs. Packard and Harney demanded the ayes and noes on the
passage of the resolution.

Those ivho voted in the affirmative were —

Messrs. Hardin of Perry, Mason, Rippey,

Abbett, Harney, McCaughey, Ryan,

Bird, Hetfield, Miller, Shaffer,

Blocher, Hon, Milroy, Shoaff of Allen,

Brown, Howard, Mutz,

Burton, Howell, Niblack,

Collins, Howk, O'Brien of M.,

Cook, Humphreys, Osborn,

Donakkson, Kemp of Dubois, Packard,

Ferris, Kemp of Vigo, Pendleton,

Garvin, Lake, Puett,

Hall, Lasselle, Reitz,

Hamia, Lemmon of H., Richardson,
Harden of W.,

Those who voted in the 7iegative ivere —

Messrs^

Abdill,

Anderson,

Atkison,

Baker,

Bran!i;im,

Budd,

Beyerle,

Cass,

Chambers,
Davis,

Gregory,

Hershey,

Higgins,

Hostetter,

Hutehings,

James,

Johnson,

Jones,

Keiidriik,

Kilgore.

Lamb,

Leeds,

Marshall,

Moorman.

Morean,

Shoaffof Jay,

Spencer,

Veach,

Waterman,

WilHams,

Wolfe,

Woodruff,

Woollen and

Mr. Speaker-52,

Mustard,

Newman,

Noycs,

Perry,

Pettibone,

Eobinson,

Stone,

Tarkington, and

Van Buskirk-35,

When their names were called, Messrs. DeBruler and Forrester
asked to be excused from voting.
To which the House consented,

Mr. Hanna called up his resolution of yesterday.

Mr. Haima moved to refer the resolution to the Committee on
the Afl'airs of the City of Indianapolis.

Mr. Donaldson moved that the resolution lie on the table,
Wliich was agreed to. ^

Mr. Packard, by consent of the House, offered the following res-
olution :

Resolved, That the Committee on Judiciary be instructed to in-
quire into the expediency of reporting a bill to prohibit the use of
the State Library a circulating library, and to make the State
Librarian responsible for the loss of any of the books thereof.

Adopted.

On motion of INIr. Anderson,
The House adjourned until to-morrow morning 9 o'clock.

FRIDAY, 9 o'clock, A. M., }
January 16, 1863. \

The House met.

The Journal of yesterday was read and approved.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed to inform the House that the Senate has passed the
following engrossed bill of the House, without amendment : •

House bill No. 26. A bill fixing the time for holding the next
terms of the several Circuit Courts in the Third Judicial Circuit,
and repealing all laws in conflict therewith.

Mr. Ferns asked leave of absence for Mr. Given.
To which the House consented.

Mr. Kcndrick asked leave of absence for Mr. Mustard.
To which the House also consented.

PETITION'S, MEMORIALS AND REMOXSTRANCES.

By Mr. Woollen :

Petition of Milton Utter, and seven hundred and forty others, re-
lating to enforcing the 13th article of the Constitution of the State
of Indiana.

Referred to the select committee.

The Speaker laid before the House a communication from the
President of the Bank of the State of Indiana.

On motion of Mr. Harney,

The commvinication was laid on the table, and five hundred
copies ordered to be printed.

By Mr. Burton :

Petition of Lewis Walters and others,

Which was referred to the Committee on Federal Relations.

REPORTS OF COMMITTEES.

Mr. Niblack, chairman of the Committee on Ways and JMeans.
made the following report :

Mr. Speaker:

The Committee of Ways and Means, to which was referred the
Senate bill No. 1, entitled " a bill appropriating twenty-five thous-
and dollars for the expenses of the present General Assembly, and
providing the manner of payment of the members and officer^ of
the Senate and House of Representatives," have had the same
under consideration, and have agreed upon sundry amendments
thereto. I am therefore instructed to report the same back to the
House with said amendments, to ask that said amendments may
be concurred in by the House, and to recommend the passage of
said bill when so amended :

Amend section No. 1 by striking out the words " twenty -five,"
in the third line, and inserting in lieu thereof the words "seventy-
five."

Amend section No. 2, by striking out the "proviso," attached to
the same, being all of said section after the word "entitled," in the
sixteenth line thereof.

Amend section No. 3 by striking the same out, and inserting in
lieu thereof the following:

" Sec. 3. That it shall be the duty of the said Auditor to audit
the accounts and issue his warrant upon the Treasurer of State for
the per diem of the Senate and House of Representatives, and their
assistants and appointees, including clerks and other assistants to
committees, upon the certificate of the President of the Senate.
when elected, appointed, or employed by the Senate, and upon the
certificate of the Speaker of the House of Representatives, when
elected, appointed, or employed by the House ; Provided^ That
such officers, and their assistants and appointees, except the pages,

shall be allowed the sum of three dollars per day each ; And pro-
vided further, That the pages be allowed the sum of two dollars
per day each.

Mr. Howl;, chairman of the Committee on the Judiciary, made
the following report :

Mr. Spkaker:

The Committee on the Judiciary respectfully report to the House
for adoption, the following resolution, to-wit :

Resolved, That the Committee on the Judiciary be authorized to
employ a clerk and such assistants as may be necessary, and also a
doorkeeper, for the use of said committee, and that such officers
shall receive the same compensation for their services as the like
officers of tliis House do for similar services.

Mr. Collins moved to amend the same by striking out the word
" doorkeeper."'

Mr. Spencer moved to lay on the table the motion to amend.

Which was not agreed to.

Mr. Puett moved that the resolution informally lie on the table.
Which was agreed to.

Mr. Woollen, chairman of the Committee on Scientific and Be-
nevolent Institutions, made the following report:

Mr. Speaker:

The Committee on Benevolent Institutions, to whom was refer-
red the resolution to inquire into the expediency of establishing a
printing office in connection with the institution for the education
of the Deaf and Dumb, with a view of having the State Printing
done at that Institution, have had the matter under consideration,
and direct me to report that the same would be inexpedient.

The report was concurred in.

RESOLUTIONS OF THE HOUSE.

Mr. Niblack oiTered the following resolution, which was adopted:

Resolved, That the State Librarian bedirectedto furnish, for the use
of the Speaker of this house, and through him,fortheiiseof themem-

bers thereof, a copy of Cushing's treaties upon parliamentary laws,
which shall be returned to the Library at the close of the present
session.

Mr. Spencer offered the following resolution, which was adopted:

Resolved^ That the door-keeper be instructed to provide a suit-
able room for engrossing Clerks of this house, and for the transac-
tion of such other business as may be deemed necessary by the
principal Assistant Clerks,

Mr. Beyerle offered the following resolution :

Resolved, That the Committee of Fees and Salaries be in-
structed to inquire into the expediency of reducing the fees of
County Auditors and Clerks of the Courts, and that they report at
an early day, by bill or otherwise.

Not adopted.

Mr. Woodruff offered the following resolution, which was
adopted :

Whereas, An act was approved June 3, 1861, to ascertain the
amount of fees and salaries of certain officers enumerated therein,
therefore be it

Resolved, That the Auditor of State be directed to lay before
this house, the reports of all such officers as may be on file in his
office.

Mr. Cnson offered the following resolution :

Whereas, It has been asserted by tliat arch fiend and traitor,
Jeff. Davis, in a speech lately made by him at Richmond, Virginia
that the Great West is preparing for a secession from the East-

And Whereas, The Grand Jury of one the United States''
Courts have reported that there exists in this State, a secret politi-
cal organization, held together by the most horrible and wicked
oaths, and liaving for its purpose and objects among other things,
the assistance and encouragement of the Southern Confederacy,
and the formation of a North-western Confederacy, with its ulti-
mate annexation to the Southern Confederacy. Therefore be it

Resolved, That a committee of five be appointed, with power to
H. J. — 7

send for persons and papers to investigate and inquire into whether
any such political organization does exist in this State, with any
such designs, or having for its objects the resistance of the due and
legal enforcement of any of the laws of this State, or of the United
States, or for the overthrow of the legally constituted authorities of
this State, or of the United States, and to further report to this
house what, if any, legislation is necessary to protect the Govern-
ment from the unlawful acts of these treasonable associations.

Mr. Brown moved that the resolution lie on the table.

Messrs. Griffith and Newman demanded the ayes and noes upon
the motion to lie upon the table.

Those ivho voted in the affirmative were —

Messrs.

Abbett,

Atkison,

Bird,

Blocher,

Brogan,

Harden of W., Lemmon of S.
Hardin of Perry, Mason,

Harney,

Hershey,

Hon,

Howard,

Howell,

Howk,

Humphreys,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Brown,

Burton,

Collins,

Cook,

Donaldson,

Ferris,

Garvin,

Hall,

Hanna,

Those who voted in the negative ivere —

Kemp of Dubois, Packard,
Kemp of Vigo, Pendleton,
Lake, Priest,

Lasselle, Puett,

Lee, Reitz,

Lemmon of H.,

Messrs.

Abdill,

Anderson,

Baker,

Budd,

Beyerle,

Cason,

Chambers,

Davis,

De Bruler,

Forrester,

Gregg,

Gregory,

Griffith,

Hershey,

Higgins,

Hostetter,

Hutchings,

James,

Johnson,

Jones,

Kendrick,

Kilgore.

Lamb,

Leieds,

Marshall,

Mogrman,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaff of AUen,

Shoaff of Jay,

Spencer,

Veatch,

Waterman,

Williams,

Wolfe,

Woollen,

Mr. Speaker-57.

Newman,

Noyes,

Perry,

Pettibone,

Robinson,

Stone,

Tarkington,

Van Buskirk,

Woodruff— 35.

So the resolution was laid on the table.

99
Mr. Woollen offered the following resolution, which was adopted:

Resolved, That the Committee on the Judiciary be requested to
inquire into the constitutionality of an act entitled an act to pro-
vide for the election of Trustees and Commissioners for the Benev-
olent Institutions of the State, and prescribing some of the duties
of such officers, approved March 5, 1859, and report the result of
their deliberations to this House at their earliest convenience.

Mr, Niblack offered the following resolution, which was adopted:

Resolved, That the Committee on Banks be instructed to in-
quire into the expediency of so amending section four of an act
entitled an act to amend the third, fourth, sixth, seventh, and forty-
ninth sections of the act entitled an act to amend an act to author-
ize and regulate the business of general banking, passed March 3,
1855, approved March 9, 1861, as to prevent the stocks deposited
by any such bank from being exposed to sale without the consent
of the directors thereof, taking care, at the same time, that the in-
terests of the bill-holders shall be sufficiently guarded, and that
said committee report by bill or otherwise.

Mr. Waterman offered the following resolution, which was
adopted :

Resolved, That the Committee on County and Township Busi-
ness be instructed to inquire whether it will not be more economi-
cal, and secure more equality in the assessments, to abolish the
office of township assessor, and have the assessments made by
county assessors, with deputies where necessary, and said commit-
tee report by bill or otherwise.

Mr. Lake offered the following resolution, which was adopted:

Resolved, That the Judiciary Committee be requested to inquire
into the expediency of repealing the tenth section of the act cre-
ating courts of conciliation, and report by bill or otherwise.

Mr. Priest offered the following resolution:

Resolved, That the Committee on Elections be instructed to in-
quire into the expediency of so amending the election laws of the
State as to require each voter to write his name on the back of his

100

ticket before depositing the same in the ballot-box, and report by
bill or otherwise.

Mr. Donaldson moved that the resolution lie on the table.
Agreed to.

Mr. ITumplireys offered the following resolution, which was
adopted :

Resolved, That the Committee on the Organization of Courts
of Justice, be instructed to inquire into the expediency of transfer-
ring all civil and criminal business from the Courts of Common
Pleas to the Circuit Courts, and for the establishment of a Court
having exclusive probate jurisdiction,

Mr. Van Buskirk offered the following resolution :

Resolved, That we are unalterably and unconditionally opposed
to the severance of the Middle and Northwestern States from the
New England States.

The resolution was referred to the Committee on Federal Rela-
tions.

Mr. Gregory offered the following resolution :

1st. Resolved, That in the opinion of this House, the Saviour
of the world was right when He declared that he that was not with
him was against him, and he that gathered not v/ith him, scattered
abroad.

2d, Resolved further, That in the opinion of this House, he
who is not for his country, and his whole country, under all cir-
cumstances, in peace and in war, is against his country.

3d. Resolved further. That in the opinion of this House, any
word, act, or deed uttered, or done, which in its tendency is calcu-
lated to create divisions and dissensions in the North, and please
the rebels and their leaders in the South, should be condemned and
discouraged by every patriot in the land,

4th, Resolved, That this House do heartily sanction and in-
dorse the patriotic sentiments contained in the last speech made by
the Hon, Stephen A, Douglas, at Chicago, Illinois,

Mr. Packard offered the following amendment :

101

Amend the resolution of the gentleman from Warren by strik-
ing out " speech at Springfield," and add, " speech in the Senate
of the United States."

The resolution and amendment were referred to the Committee
on Federal Relations.

Mr. Higgins offered the following resolution, which was adopted:

Resolved, That the Committee on Fees and Salaries be instructed
to inquire into the law regulating salaries for the officers of the
Northern States Prison, ascertain if additional legislation is neces-
sary, and to repart by bill or otherwise.

Mr. Johnson offered the following resolution:

Resolved, That the Committee on Roads be instructed to in-
quire into the expediency of keeping the highways in repair, by a
poll and ad valorem tax, instead of by the present system, and re-
port by bill or otherwise.

The resolution was not adopted.

Mr. Harney offered the following resolution, which was adopted :

Resolved, That the Committee on Banks be instructed to in-
quire whether the State has, at this time, any member upon the
Board of Directors of the Bank of the State of Indiana, as she is
entitled to by the charter of said bank.

JOINT RESOLUTIONS.

By Mr. Hanna: Joint Resolution No. 6.

The resolution was read the first time, and passed to a second
reading.

By Mr. O'Brien of Martin : Joint Resolution No. 7.

Which was read the first time, and passed to a second reading.

By Mr. Lasselle : Joint Resolution No. 8. A Joint Resolution
inviting a National Convention to restore peace and union.

The resolution w^as read the first time, and passed to a second
reading.

102

By Mr. Cason : Joint Resolution No. 9. In reference to amend-
ing the Constition, so as to allow soldiers of this State to vote at
the annual State and county elections.

Which was read the first time, and passed to a second reading.

Mr. Rij^pey, from a select committee, made the following report,
which was concurred in :

The select committee to whom was referred House bill No. 2,
"An act to create the Sixteenth Judicial circuit, and to provide for
the election of a judge and prosecuting attorney therefor, and to
provide for the terms of courts therein," have had the same under
consideration, and beg leave to report the bill back to the House,
and ask its reference to the Committee on the Judiciary, with in-
structions to inquire into the constitutionality of the third and
fourth sections of said bill.

On motion.
The House adjourned till 2 o'clock, P. M. • -■.

2 o'clock, p. M.
House met.

BILLS INTRODUCED.

By Mr. Higgins :

House bill No. 82. An act to amend an act entitled " an act to
repeal all general laws now in force for the incorporation of cities,
prescribe their powers and rights, and the manner in which they
shall exercise the same, and to regulate such matters as properly
pertain thereto," approved March 9, 1857.

The bill was read the first time, and passed to a second reading.

By Mr. Atkison :

House bill No. 33. An act to amend section 447 of an act en-
titled an act to revise, simplify, and abridge the rules, practice,
pleadings and forms in civil cases, in the courts of this State, to
abolish distinct forms of action at law, and to provide for thd ad-

103

ministration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity.

The bill was read the first time, and passed to a second reading.

By Mr. Spencer:

House bill No. 34. An act to prohibit clerks of circuit and com-
mon pleas courts from practicing law in the courts of which they
are clerks.

The bill was read the first time, and passed to a second reading

By JVIr. Hostetter :

House bill No. 35. An act to amend the fifth section of an act
entitled an act to provide for the more uniform mode of doing
Township business, prescribing the duties of certain officers in con-
nection therewith, and to repeal all laws conflicting with this act.

"Which was read the first time, and passed to a second reading.

By Mr. Gregg : ,^ • '

House bill No. 36. To provide for a registry of votes, and to
declare their residence and to punish fraudulent practices touching
elections.

Which was read the first time, and passed to a second reading.

By Mr. Tarkington :

House bill No. 37. An act to amend the twenty-third section of
an act entitled an act for the relief of the Indiana University, and
to increase and extend its benefits by providing for the sale of the
lands granted by the United States for the use of the said Univer-
sity, regulating the application of the proceeds of the sale thereof,
and prescribing the duties of the officers therein mentioned in
relation thereto.

Which was read the first time, and passed to a second reading.

By Mr. Gregory :

House bill No. 38. An act to protect live stock along the line of
Rail Roads, and for the punishment of certain persons therein
named.

Which was read the first time, and passed to a second reading.

By Mr. Noyes :

104

House bill No. 39. An act to amend an act defining misde-
meanors and prescribing punishment therefor, approved June 14,
1852.

Which was read the first time, and passed to a second reading.

By Mr. Brown :

House bill No. 40. An act to repeal section two of an act enti-
tled " An act to amend section eleven of an act entitled an act to
establish Courts of Common Pleas, and defining the jurisdiction
and duties of, and providing compensation for the Judges thereof,"
approved May 14, 1852, so as to extend jurisdiction of said Court
in certain cases.

Which was read the first time, and passed to a second reading.

By. Mr. Burton :

House bill No. 41. To enforce the thirteenth article of the Consti-
tution.

Which was read the first time, and passed to a second reading.

By Mr. Anderson:

House bill No. 42. An act to enforce the thirteenth article of
the Constitution of the State of Indiana.

Which v^as read the first time, and passed to a second reading.

By Mr. Puett:

House bill No. 48. To secure the rights of married women to
real estate sold upon execution.

Which was read the first time, and passed to a second reading.

By consent of the House, Mr. Hutching offered the following
resolution :

Resolved, That when this house adjourn, it adjourn until Mon-
day, two o'clock.

Which was adopted.

House proceeded with orders of the day, and took up Senate
bill No. 1, with engrossed amendments of the house,

Mr. Lasselle moved that the bill be recommitted to the Com-
mittee on Ways and Means, with instructions to strike out
*' seventy-five thousand dollars," and insert " forty thousand dollars."

105
Mr. Niblack moved a division of the question.
The question being, shall the bill be recommitted ?
The House refused to recommit the bill.
The question then being, shall the bill pass ?

Those ivho voted in the affirmative ivere —

Messrs.

Gregg,

Kendrick,

Petti bone,

Abbett,

Gregory,

Kilgore,

Priest,

Abdill,

Griliith,

Lake,

Puett,

Anderson,

Hall,

Lamb,

Reitz,

Atkison,

Ha una.

Lee,

Richardson,

Baker,

Harden of W.,

Leeds,

Rippey,

Bird,

Hardin of P.,

Lemmon of H.

, Robinson,

Branham,

Harney,

Marshall,

Ryan,

Brogan,

Hetfieid,

McCaughey,

Shaffer,

Brown,

Hershey,

Miller,

Shoatr of Allen,

Budd,

Higgins,

Milroy,

Shoaff of Jay,

Barton,

Hon,

Moorman,

Spencer,

Beyerle,

Hostetter,

Mutz,

Tarkington,

Cason,

Howard,

Newman,

Van Buskirk,

Chambers,

Howell,

Niblack,

Veatch,

Collins,

Howk,

Noyes,

Waterman,

Cook,

Hatchings,

O'Brien of .M.,

Williams,

Davis,

James,

Osborne,

Wolfe,

DeBruler,

Johnson,

Packard,

Woodruff,

Ferris,

Jones,

Pendleton,

Woollen,

Forrester,

Kemp of Dubois

, Perry,

Mr. Speaker-84.

Garvin,

Kemp of Vigo,

Those

icho voted in the ne

i^ative IV ere —

Messrs.

Hardin of Perry

, Lasselle,

Morgan,

Blocher,

Humphreys,

Mason,

Roberts— 8.

Donaldson,

So the bill

passed.

Mr. Niblack offered the following amendment to the title :

Amend the title by striking out "twenty-five" in the first line,
and inserting in lieu thereof the words "seventy-five."

106

Amend, also, by inserting after the word " ofHcers," in the sixth
line, the words "and their assistants and appointees."
Adopted.

Messrs. Bird, Gregory and Shaoff of Jay, obtained leave of ab-
sence until Tuesday.

By the consent of the House, Mr. Anderson offered the following
concurrent resolution :

Meso/ved, by the House of Representatives (the Senate concur-
ring therein), That the principal Secretary of the Senate and the
principal Clerk of the House of Representatives, contract with
Ariel and W. H. Drapier, Reporters, for 1,500 copies of the con-
tinuation of their Brevier Legislative Reports, to contain a verbatim
report of the proceedings and debates of the present session of the
General Assembly, on all propositions and questions having relation
to the state of the Union and the war ; the said reports to be printed
by the said Reporters in the Daily State Sentinel, or Daily In-
dianapolis Journal newspaper, and transferred from the columns of
such newspaper into book form of double column pages ; and that,
when so printed, the said 1,500 copies of the Reports be paper
covered, and delivered to the Secretary of State, who shall cause
the same to be sent by mail, ten copies to each member of the Gen-
eral Assembly, as soon as posible after the adjournment of the
session. Provided, Said Reports shall not cost more than two-
thirds of one cent a page per copy for the writing and printing
thereof.

Mr. Anderson moved that the resolution lay on the table.
Agreed to. . ,

Messrs. Lamb, Veach and Bloeher obtained leave of absence
until Tuesday next.

BILLS ON THEIR SECOND RKADINg'.

House bill No. 27. An act providing for calling special sessions
of Boards of County Commissioners.

Was read the second time.

Mr. Waterman moved its reference to the Committee on County
and Township Business.

Agreed to.

107

House bill No. 28. An act to amend an act entitled, " An act to
amend the third section of an act entitled an act to provide for the
protection of wild game, defining the time in which the same may
be taken or killed, and declaring the penalty for the violation of this
act, approved February 26th, 18-57," which latter act was aj^proved
March 9th, 1861.

Was read the second time and ordered to be engrossed.

By consent of the House, Mr. Milroy ofl'ered the following res-
olution.

Resolved, That the Committee on the Judiciary be instructed to
in'-iuiie into the exj^ediency, &c., to report by bill or otherwise, a
law on the subject of temperance; its subject-matter shall be as
follows: Any person or persons drugging spirituous liquors with
anything that is injurious to health shall be deemed criminal, or
shall be imprisoned in State Prison for a period not less than ten
years or more than fifteen years. Further: any person or persons
adulterating with water any kind of liquors shall be deemed guilty
of fraud and swindle, and shall be imprisoned in State Prison not
less than two or more than five years; and when said law takes
effect, that all laws on this question be repealed.

The resolution was adopted.

Messrs. Howard and Lee obtained leave of absence till Tuesday.

Mr. Marshall obtained leave of absence till Thursday next.

House bill No. 29. An act entitled an act to amend the thirty-
seventh section of an act entitled "an act defining misdemeanors
and prescribing punishment therefor,"

Was read the second time.

iMr. Waterman moved its reference to the Committee on Rights
and Privileges of the Inhabitants of the State.
Not agreed to. -

On motion of Mr. Brown,
The bill was ordered to be engrossed.

Mr. Woollen (by the consent of the House) offered the following
resolution :

108

Resolved, That the Doorkeeper be, and he is hereby directed to
procure ice for the use of this House.

Adopted.

House bill No, 30. An act to amend an act permitting wit-
nesses who are parties to an action to testify in their own behalf,
Was read the second time.

On motion of Mr. Spencer,
It was referred 1o the Committee on the Judiciary.

House bill No. 81. An act to authorize the issuing of attach-
ments for violation of orders of injunction,
Was read the second time, and,

On motion of Mr. Packard,
Was referred to the Committee on the Judiciary.

Mr. Perry introduced

House bill No. 44. An act to amend the sixth section of "an
act to fix the times of holding the Common Pleas Courts in the
several counties of this State, the duration of the terms thereof,
and making all process from the present Common Pleas Courts
returnable to such terms, and declaring when this act shall take
effect, and repealing all laws inconsistent therewith, approved
March 5, 1859;

Was read the first time, and passed to a second reading.

Mr. Gregory introduced

House bill No. 45. An act in relation to the contracts of land-
lords and tenants, and those holding under them ;

Which was read the first time, and passed to a second reading.

Mr. Packard obtained leave of absence until Tuesday next.

On motion,
The House adjourned until 2 o'clock on Monday next.

109

MONDAY, 2 o'clock, p. m., )
January 19, 1S63. J

The House met.

The Journal of Saturday was read and approved.

The Speaker laid before the House a communication from the
State Librarian,
Which,

On motion of Mr. Harney, '

Was referred to the Corninittee on Stationery,

Mr. Roberts, by consent of the House, offered the following reso-
lution :

WuEREAS, The General Assembly of the State of Indiana, by
an act approved May 6, 18G1, appropriated the sum of one hun-
dred thousand dollars to the Governor's contingent fund; and

Whereas, The General Assembly, by an act approved May 81,
1861, appropriated, for incidental expenses of the Governor's oltice,
in addition to former appropriations, the sum of fifteen hundred
dollars, therefore,

Be it resolved, That the Governor be, and he is hereby requested
to report to this House, at as early a day as practicable, in compli-
ance with the provisions of said act, " a detailed statement" of all
disbursements by him made out of said funds.

Adopted.

Mr. Niblack, chairman of the Committee on Ways and Means,
presented sundry claims which had been presented to that com-
mittee.

Referred to the Committee on Claims,

The select committee on political arrests, by Mr. Brown, their
chairman, made the following report :

Mr. Speaker:

The special committee appointed to ascertain the number of po-
litical arrests that have been made in the State of Indiana, and

110

the character of the same to this House, beg leave to report the
following resolvTtion, and ask its adoption :

Resolved, That the special committee appointed to ascertain the
number of political arrests that have been made in the State of
Indiana, and report the character of the same to this House, be
and the same is hereby empowered to employ a clerk to assist
it in the performance of its labors, and that said clerk receive for
his services the same amount of pay that other clerks of this House
receive for similar services.

The resolution was informally laid on the table.

The Committee of Ways and Means, by Mr. Niblack their
chairman, made the following report:

Mr. Speaker :

The Committee of Ways and Means, to which was referred a
resolution of this House, instructing said committee not to provide
for the payment of any claim not presented to it at least ten days
before the end of the present session, except in a certain contin-
gency therein provided for, have had the same under consideration,
and have instructed me to report the same back to the House with
an amendment, and when so amended, to recommend its passage.

Amend by striking out all after the word "resolved," and insert
in lieu thereof the following :

That the Committee of Ways and Means be instructed not to
provide for the payment of any claim or charge against the State,
unless the same shall be first allowed, or recognized as valid, by
some act or joint resolution of the present General Assembly; or
bv some resolution or order of one of the two houses thereof, for
the current expenses created by said committee.

The report was concurred in.

RESOLUTIONS.

By Mr. Shaffer:

Resolved, That a select committee be appointed to consist of
one from each Congressional District, to apportion the State for
the election of members of Congress, Senators and Representatives.

The resolution was informally laid on the table.

Ill

By Mr. Griffith :

Whkreas, Many physicians of this State have promptly re-
sponded to the call of humanity, and, as volunteer medical men,
have rendered timely and valuable aid to Indiana's wounded and
disabled soldiers in the field ;

And whereas, Many of them are men of very moderate pecu-
niary resources ;

And whereas, Physicians are more than ever doing a business
of charity by rendering gratuitous medical service to the families
of volunteers and others; therefore.

Be it resolved, That the Military Committee of this House be
instructed to inquire into the expediency of reporting a bill refund-
ing to such physicians their expenses in going to, remaining upon,
and returning from the scenes of conflict, and making such other
remuneration as may be appropriate or necessary.

Adopted.

By Mr. Miller :

Whereas, The present deplorable civil war tends to unsettle, in
a startling degree, the social and domestic relations of the country,
and promises no results but vice, misery, sorrow, and death, it being
manifest to the civilized world, that union, peace and fraternal feel-
ing can never be restored by the sword and the torch, but that a
continuance of the war under the present policy of the Administra-
tion, must eventuate in the utter ruin and decay of our free, re-
nowned and mighty nation ; therefore.

Resolved, That any plan, proposition, or overture, originating
with the people of any section or State, having for its object the
restoration of the Union, and peace on a basis alike equal and just
to all the States, would not be humiliating and dishonorable, but
an event to be hailed with gladness by every true patriot in the
land.

Resolved, That we are willing and desirous to receive the se-
ceded States back into the Union on a liberal compromise, grant-
ing to them ungrudgingly all their constitutional rights and guar-
antees, as equal independent sovereign States, with such additional
safeguards as may be necessary to protect them in the enjoyment
of those rights aj:id guarantees.

112

Resolved^ That wc invite the consideration of all true Union
men, of whatever party, and especially the Legislators of our sister
States of Illinois, Kentvicky, Pennsylvania, and New York, now in
session, to this subject, to the end that some deiinite action may
be had therein.

Resolved, That a copy of these resolutions, together with the
preamble, be transmitted by the Clerk of this House, to the re-
spective Speakers of the aforesaid Legislatures.

Referred to the Committee on Federal Relations.

By Mr. Hostetter: ■ ' '

1st, Resolved, There is no ground in the Constitution midway
betv/een a rebellious State and the Federal Government, upon
which we can stand ; such an attitude is at once unconstitutional
and hostile to the Government formed by our patriotic sires, and
given to their sons as an heritage purchased with their blood.

2d, Resolved, That it is manifest that the schemes of the auth-
ors and sympathizers of the rebellion, extend far beyond the disso-
lution of the Union, and embrace the destruction of the democratic
principle of government, and the substitution of an aristocracy in
its stead.

3d, Resolved, That secession can only triumph as it has tri-
umphed in some of the States of the Union, by stifling the voice
of the people, and by the bold usurpation by demagogues and
traitors, of the powers which rightfully belong to them.

4th, Resolaed, There can be but two parties in time of civil
war — friends and enemies of the Government — patriots and
traitors. Freedom of speech, and of the press, can and do exist,
but they must be confined within proper and legitimate bounds.
They must not be perverted into a license to oppose the Govern-
ment, or encourage and aid its enemies. This would not be free-
dom of speech as contemplated by the Constitution, but freedom
of treason.

5th, Resolved, That the President is the proper authority to sus-
pend the writ of habeas corpus, and as the President is, in time of
war, commander-in-chief of all the armies, and throughout all the
States and territory of the nation, it falls directly, strictly, and con-

113

stitutionally within the scope of his powers ; and it is not only his
right, but his duty, to exercise it, if he believes the interests of the
public, and safety of the nation require it. ■ Loyal men, and friends
of the Government, have nothing to fear from either " arbitrary
arrests," or the temporary suspension of the writ of habeas corpus.
Referred to the Committee on Federal Relations.

By Mr. Shaffer :

Resolved^ That all efforts, by threats or epithets, to commit the
present Legislature, or the people of Indiana, to a line of policy in
the prosecution of this unnatural civil war, repugnant to the Con-
stitution, and in open violation of the rights of the several States,
meets with our unqualified condemnation; that we are opposed to
the prosecution of any war the objects of which are to interfere
with the domestic relations, be they what they may, of any State,
North or South.

Referred to the Committee on Federal Relations.

By Mr. Woodruff:

Resolved, That the Committee on Railroads be instructed to in-
quire whether any legislation is necessary to prevent the loss of
life of the employees of such roads, on account of the bridges not
being constructed of sufficient height to admit of the passage of
cars with such persons standing on the top of the same.

Adopted.

By Mr. Cass :

Resolved., That the Committee on County and Township Busi-
ne;?s bo requested to inquire whether any additional legislation is
necessary to authorize county commissioners to pay county bounty
out of the county treasury to soldiers enlisting in the United States
service under the President's calls; and if said committee deems
further legislation necessary, report the same by bill or otherwise..

Adopted.

By Mr. Hall:

Resolved, That the Committee on County and Township Busi-
ness be requested to inquire into the expediency of making it the
H. J.— 8

114

duty of township assessors to complete their labors as such asses-
sors, and report to the board of county commissioners at their
March term, instead of . the June term, and report by bill or other-
wise.

Adopted. , • , .

By Mr. Newman:

Resolved, That the Committee on Roads be instructed to inquire
into the necessity of enacting a law to prevent injury to turnpikes
by hogs running at large, and to report by bill or otherwise.

Adopted. ^

By Mr. Miller:

Whereas, The present law, approved March, 1861, on the sub-
ject of licensing dogs and providing for the payment of damages
sustained in the maiming or killing of sheep by dogs, and declar-
ing unhcensed dogs nuisances, intended as a protection to sheep, is
wholly inefficient:

Resolved, That the Committee on Agriculture be instructed to
inquire into the practicability of so amending said law as to make
it efficient.

Adopted. •

By Mr. Jones :

Whereas, The State of Indiana has furnished some one hun-
dred thousand soldiers or more, for the purpose of re-establishing
the legal authorities of the Government, who have left thousands
of widows, women and children in a state of destitution, entirely
dependent upon the benevolence and charity of those by whom
they are surrounded; therefore,

Resolved, That the Committee of Ways and Means be requested

to inquire into the expediency of levying a direct tax of

cents on the one hundred dollars, for the purpose of ameliorating
their condition, and to report by bill or otherwise.

Adopted.

By Mr. Beyerle:

115

Resolved, That the Committee on Military Affairs be instructed
to inquire into the expediency of so amending our militia laws as
to require all able-bodied white male persons, between the ages of
eighteen and forty-five years, to be organized into military compa-
nies, regiments, and brigades, and that the same meet for drill at
regular stated periods.

Adopted. ,

The Speaker laid before the House the following communica-
tion from the Auditor of State:

Hon. Speaker of the House of Representatives of the General As-
sembly :

Sir: — Pursuant to a resolution passed by the honorably body
over which you preside, which is in the words following, to-wit :

Whereas, An act w^as approved June 3, 1861, to ascertain the
amount of fees and salaries of certain officers enumerated therein^^
therefore, be it

Resolved, That the Auditor of State be directed to lay before
this House the reports of all such officers as may be on file in his
office.

I have the honor to transmit to you herewith all the reports
hitherto transmitted to this office.

I have also made, and herewith hand over to the House, abstracts
of the reports, which will exhibit at a glance which officers have
complied with the law, and which have failed to comply.
Very respectfully,

A. LANGE,

Auditor of State.

On motion of Mr. Anderson,
The communication and accompanying reports were referred to
the Committee of Fees and Salaries.

Mr. Burton offered joint resolution No. 10.

A joint resolution instructing our Senators, and requesting our
Representatives in Congress, to provide, if possible, for the prompt
payment of Indiana soldiers now in the field, and requiring the dis-
crepancy in favor of officers to cease.

116
Which was read the first time, and passed to a second reading.

BILLS INTRODUCED. ^

By Mr. Spencer:

House bill No. 46. An act to repeal the eighteenth section of
an act, (regulating descents and the apportionments of estates.)
The bill was read the first time, and passed to a second reading.

By Mr. Xemp, of Dubois :

House bill No. 47. A bill to legalize the acts of certain civil
otficers in this State, who have entered the military service of the
United States, and whose duties have been discharged by deputies
during their absence.

The bill was read the first time, and passed to a second reading.

By Mr. Spencer :

House bill No. 48. An act to prohibit Judges of the Common
Pleas' Courts of this State from practicing as attorneys in any of
the inferior courts within their districts respectively.

The bill was read the first time, and passed to a second reading.

By Mr. Lemmon, of Harrison :

House bill No. 49. A bill to amend the fourth and sixth sections
of an act entitled an act prescribing the powers and duties of
Coroners, approved May 27, 1852.

The bill was read the first time, and passed to a second reading.

By Mr. Kilgore :

House bill No. 50. A bill requiring Rail Road Companies in
the State of Indiana, to keep on hand and furnish, on reasonable
notice being given by persons offering to ship live stock or other
freight over their Rail Roads, or to or from any station or place of
shipment thereon, a sufficient number of locomotives, freight cars,
and other rolling stock, to transport such freight, without delay, and
making companies failing to furnish transportation liable for dam-
ages resulting from such failure.

The bill was read the first time, and passed to a second reading.

By Mr. Reitz :

117

House bill No. 51. An act amendatory of the first section of an
act entitled " An act to exempt certain property from sale in cer-
tain cases."

The bill was read the first time, and passed to a second reading.

By Mr. Morgan :

House bill No. 52. A bill to amend the law in relation to mar-
riages, and authorize County Recorders to issue licenses therefor.
The bill was read the first time, and passed to a second reading.

By Mr. Kilgore : . .

House bill No. 53. A bill requiring all corporations formed, or
which may hereafter be formed, for the purpose of constructing,
owning, controlling, or operating a Rail Road in this State, to elect
three-fourths of the members of their Boards of Directors from
Stockholders resident in the State, and affixing certain penalties
for non-compliance with the provisions of this act.

The bill was read the first time, and passed to a second reading.

By Mr. Leeds:

House bill No. 54. An act to authorize County Treasurers to
offer lands, delinquent for taxes, for sale at the Auditor's Office.
The bill was read the first time, and passed to a second reading.

By Mr. Lasselle:

House bill No. 55. A bill to amend section one of an act to
exempt property from sale in certain cases, approved February 17,
1852.

The bill was read the first time, and passed to a second reading.

By Mr. Waterman : -

House bill No. 56. An act to provide that road tax shall be
worked out before the first day of August in each year.

The bill was read the first time, and passed to a second reading.

By Mr. Garvin :

House bill No. 57. An act to provide that the value of United
States Government stamp duties, required and used on original
process certificates, bonds, apprisements, deeds of conveyance by

118

Sheriffs, and on other instruments, shall, in all actions, be taxed
and collected as other costs in said action.

The bill was read the first time, and passed to a second reading.

By Mr. Lasselle :

House bill No. 58. A bill to amend section eighty, of the prac-
tice act of the revised code of 1852.

The bill was read the first time, and passed to a second reading.

By Mr. Leeds :

House bill No. 59. An act to empower Sheriffs to offer lands
and other property for sale, on execution, at the door of the Clerk's
office.

The biU was read the first time, and passed to a second reading.

By consent of the House, Mr. Hutchings offered the following
resolution, which was adopted :

Resolved, That the Committee on Agriculture be instructed to
inquire into the expediency of further protecting the interest of the
Wool Growers of this State, by laying a tax upon all dogs, which
tax, when collected, to be kept as a special fund to pay farmers for
the loss of sheep killed by dogs, and that they report thereon, by
bill or otherwise.

Adopted.

IVIr. Lake obtained leave of absence until Friday next.

By Mr. Lasselle :

House bill No, 60. A bill to amend sections 3, 5, 7 and 9 of an
act entitled an act to enforce the thirteenth article of the Consti-
tution, approved June 18, 1852.

The bill was read the first time, and passed to a second reading.

Mr. Wolfe, by consent of the House, offered the following reso-
lution, which was laid over until to-morrow:

Resolved, That when any bill is engrossed, that one hundred
copies of the same be printed for the use of the members of this
House.

119

BILLS ON SECOND READING.

House Bill No. 32. An act to amend an act entitled "an act to
repeal all general laws now in force for the incorporation of cities, pre-
scribe their powers and rights, and the measure in which they shall
exercise the same, and to regulate such other matters as properly
pertain thereto, approved March 9, 1857 ;

Was read the second time, and
On motion of Mr. Garvin,

Referred to the Committee on Corporations.

House bill No. 33. An act to amend section 447 of an act en-
titled "an act to revise, simplify and abridge the rules, practice,
pleadings and forms in civil cases in the Courts of this State ; to
abolish distinct forms of action at law, and to provide for the ad-
ministration of justice in a uniform mode of pleading and practice,
without distinction between law and equity ;

"Was read the second time.

Referred to the committee on Judiciary.

House bill No. 34. An act to prohibit Clerks of Circuit and
Common Pleas Courts from practicing law in the Courts of which
they are Clerks ;

Was read a second time, and
On motion of Mr. Spencer,

Referred to the Committee on Judiciary.

House bill No. 35. An act to amend the fifth section of an act
entitled an act to provide for the more uniform mode of doing
Township business, prescribing the duties of certain officers in
connection therewith, and to repeal all laws conflicting with this
act;

Was read the second time, and
On motion of Mr. Hostetter,

Was refered to the committee on County and Township Business.

On motion of Mr. Brown,

The House adjourned until to-morrow at 9 o'clock, A. M.

120

TUESDAY, 9 o'clock, A. M.,
January 20, 1863.

House met. , ■..•,;:,

The Journal was read and approved.

REPORTS OF COMMITTEES. ■ .::

Mr. Miller, from the Committee on County and Township
Business, made the following report:

Mr. Speaker: ■ ' .

The Committee on County and Township Business, to whom
was referred House bill No. 18, an act to amend the sixth section
of an act in relation to estrays and property adrift, have had the
same under consideration, and have instructed me to report the bill
back to the House, with an amendment, and when so amended,
recommend that it pass.

Amend by striking out the words " and fifty cents," where they
occur in the tenth and eleventh lines of the section as amended.

The report was concurred in, and the bill was ordered to be en-
grossed.

Mr. Lasselle, from the Committee on Engrossed Bills, made the
following report: .

Mr. Speaker: ,

The Committee on Engrossed Bills have examined and com-
pared engrossed House bills Nos. 28 and 29 with the original bills,
and find them to be correctly engrossed.

Mr. Brown moved to take from the table the report of the Com-
mittee on Rules, and that the same be made the special order of
to-day at 2 o'clock ;

Which was agreed to.

RESOLUTIONS OF THE HOUSE.

By Mr. Cass:

Whereas, No copies or volumes of the House Journals of the
special session of 1858 can not be found, and as it is all important

121

that copies in sufficient numbers should be kept by the Librarian
of the State, fore the use of the Legislature, therefore,

Resolved. That the absence of that record of the proceedings of
the House be made a matter of special investigation, and that a
select committe of three be appointed by the Chair for that pur-
pose.

Adopted.

On motion,

Mr. Shatiers resolution of yesterday, relative to Congressional
apportionment, was taken up.

Mr. Donaldson moved to strike out all relative to Senatorial and
Representative apportionment.

The amendment was agreed to, and the resolution, as amended,
was adopted.

By Mr. Waterman :

Whereas, It appears that the amount of labor and time re-
quired to discliarge the duties of judge of the several judicial cir-
cuits in this State are unequal, and calls for a division of some of
the larger circuits, or a reconstruction of the circuits with a view
to equalize the business in each; and

Whereas, Under existing circumstances it is the duty of this
House to reduce instead of increasing the expenses; therefore,

Resolved^ That the committee on the organization of the courts
of justice be instructed to inquire whether the judicial circuits of
this State, can not be reconstructed or arranged without detriment
to the public interest, so as to equalize as near as may be, the busi-
ness in the several circuits, without increasing their number, and
said committee be instructed to report at as early a day as possible,
as there are bills now before the House providing for the formation
of new circuits out of the old.

The resolution was adopted.

By Mr. Budd :

Resolved, That the Committee on Education be instructed to
inquire into the expediency of so amending the fourteenth and
fifteenth sections of the common school law, as to permit persons

122

to be transferred from and to adjoining counties, for educational
purposes, when they can be better accommodated by such transfer,
and release the persons so transferred from the payment of special
school tax in the county, township, town, or city, in which they
reside, and report by bill or otherwise.
Adopted.

By Mr. Mason :

Whereas, Many railroads in the State of Indiana refuse to
carry wood, and other kinds of freight for the farmers, from one
point on the railroad to the other, in order that the railroad com-
pany may get the profit which the farmer and laboring man ought
to have the privilege of making, thereby enabling the company to
purchase the same at a less amount than it otherwise could if the
farmer had the proper means of transporting his articles of freight
from one point of the railroad to another;

And Whereas, All the passenger trains will not and do not stop
at each station along the railroad, thereby causing many passengers
to be detained even when the depot agents of said roads flag the
trains when approaching, in order to bring them to a pause, thereby
causing the traveler much unnecessary delay and trouble, the Com-
mittee on Judiciary are therefore earnestly requested to consider
the propriety and constitutionality of passing such an act or acts as
may remedy these evils, and report to this House at their earliest
convenience, either by bill or otherwise.

Adopted.

On motion of Mr. Brown,

The report of the Committee on Illegal Arrests, made yesterday,
was taken up.

Tlie question being on the adoption of the resolution reported
by the committee, Messrs. Newman and Garvin demanded the ayes
and noes.

Those ivho voted in the affirmative were —

Messrs. Hall, Lasselle, Rippey,

Abbett, Hanna, Lee, Roberts,

Abdill, Harden of W., Lemmon of H., Robinson,

Atkison, Hardin of Perry, Mason, Ryan,

Brogan, Harney, McCaughey, Shaffer,

123

Brown,

Hetfield,

Miller,

Shoaff of Allen,

Burton,

Hershey,

Milroy,

ShoafF of Jay,

Collins,

Hon,

Mutz,

Spencer,

Cook,

Howard,

O'Brien of M.,

Tarkington,

Davis,

Howell,

Osborn,

Veach,

De Bruler,

Howk,

Packard,

Waterman,

Donaldson,

Humphreys,

Priest,

Williams,

Garvin,

Hutchings,

Puett,

Wolfe,

Given,

Johnson,

Reitz,

Woollen,

Gregg,

Kemp of Dub

ois, Richardson,

Mr. Speaker-61

Grifiith,

Kilgore,

Those who voted in the

negative ivere —

Messrs.

Chambers,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Leeds,

Perry,

Baker,

Gregory,

Moorman,

Pettibone,

Budd,

Higgins,

Morgan,

Stone,

Beyerle,

Hostetter,

Mustard,

Van Buskirk,

Cason,

James,

Newman,

Woodrull— 26.

Cass,

Jones,

Noyes,

• So the' resolution was adopted.
By Mr. Donaldson :

Resolved, That a committee of eleven, one from each Congres-
sional District, be appointed to report a bill, at an early day, dis-
tricting the State into Senatorial and Representative districts.

Adopted.

V By Mr. Milroy:

Whereas, All resolutions on the subject of the war have not
been as harmonious in their language as they should be in times of
revolution ; and

Whereas, If the old doctrine taught by Jefferson — that is,
(leave reason free to combat error — error may be tolerated,) is the
correct doctrine of to-day ; and

Whereas, Any language that will wound the feelings of con-
servative men of this House, convinces nobody of an eiTor; there-
fore,

Resolved, That all resolutions on the subject of the war, intro-

124

duced into this House, shall be so conservative in their language,
that two-thirds shall be required to vote for all such resolutions be-
fore they shall pass this House.

Resolved, That this is the first step to be taken to maintain that
principle called compromise ; without it blood will be shed all over
Indiana in less than six months.

The resolution was laid over until to-morrow.

By Mr. Woollen : '

Resolved, That the Committee on Fees and Salaries be instructed
to make out, and report to this House, an abstract, showing the
amount of fees, and salaries, and perquisites, received by the seve-
ral officers mentioned in the law of the last special session, so far
as the same are shown by the reports of those officers heretofore
referred to them, in which shall be included the names of officers,
the office held, and the amounts received by each of them.

Adopted.

By Mr. Mutz :

Resolved, That each member be and is requested to hand the
chairman of the Committee on Mileage and Accounts the number
of miles he necessarily traveled to this place.

Adopted.

By Mr. Miller :

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of i^urther postponing the collection of
mortgages to the Sinking Fund, the payment of interest excepted,
and if, in the judgment of said committee, the same is expedient,
that they report by bill or otherwise.

Which was adopted.

By Mr. Higgins: .

Whereas, The supply of copies of the Statutes of this State,
for the use of the State, has become exhausted ; therefore.

Resolved, That (the Senate concurring) a committee of five be
appointed on the part of this House, and a like committee on the
part of the Senate, to inquire into the expediency of revising and
printing the Statutes of this State, or in some other way obtain a

125

supply of Statutes for the use of the State, and to report by bill
or otherwise.

The Speaker directed the ayes and noes to be called on the
passage of the resolution.

Those luho voted in the afflnnative ivere —

Messrs.

Hall,

Kilgore,

Puett,

Abbett,

Hanna,

Lasselle,

Reitz,

Atkison,

Harden of W.

Leeds,

Richardson,

Brogan,

Hardin, of P.,

Lemmon of H.

, Rippey,

Brown,

Harney,

Mason,

Robinson,

Budd,

Hetfield,

MeCaughey,

Ryan,

Burton,

Heishey,

Miller, "

Shaffer,

B eyerie,

Higgins,

Milroy,

Shoaffof Allen,

Cason,

Hon,

Moorman,

ShoafT of Jay,

Cass,

Hostetter,

Morgan,

Spencer,

Chambers,

Howard,

Mustard,

Tarkington,

Collins,

Howell,

Mutz,

Van Buskirk,

Cook,

Howk,

Noyes,

Veach,

Davis,

Humphreys,

O'Brien of H.,

Waterman,

De Bruler,

Hatchings,

O'Brien of M.,

Williams,

Forrester,

James,

Osborn,

Wolfe,

Garvin,

Johnson,

Packard,

Woodruff,

Given,

Jones, ,

Perry,

Woollen, and

Gregory,

Kemp of D.,

Pettibone,

Mr. Speaker-78

Griffith,

Kendrick,

Priest,

Those IV ho voted in the negative were —

Messrs.

Ferris,

Lee,

Stone — 6.

Anderson,

Given,

Newman, and

So the resolution was adopted.

The Speaker appointed Messrs. Higgins, Garvin, Perry, Howk,
and Woollen, said Committee on the part of the House.

By Mr. Gregory : -

Whereas, It is reported and believed, by many loyal citizens

in this State, that there are many secret organizations or societies

\ formed and being formed in this State, intended, in their character

126

and nature, to prejudice the minds of the loyal people of this State
against the further prosecution of the war for the suppression
of the rebellion in the land, therefore, as an act of justice to
those against whom disloyalty is charged, as weU as an act of
justice to the citizens of the State of Indiana and of the loy-
al people of the United States, there be appointed by this
House, a special committee of one from each Congressional Dis-
trict in this State, to investigate the facts in relation to said secret
organizations, with power to send for persons and papers, who
shall report their proceedings to this House.

Mr. Brown moved to amend the resolution by referring it to a
select committee of five.

Mr. Packard moved to amend the amendment by referring the
resolution to the Committee on Federal Relations.

Mr. Brown accepted the amendment of Mr. Packard.

Mr. Packard in the Chair.

Mr. Buskirk moved that the discussion of the resolution and
amendments be made the special order for 3 o'clock this afternoon.
Agreed to.

Mr. Hutchings obtained leave of absence.

On motion.
The House adjourned until two o'clock P. M.

2 o'clock p. m.
House met. . .

Mr. De Bruler obtained leave of absence for the afternoon on
account of sickness.

The special order being on the report of the Committee on
Rules,

127

Mr. Howk, from the select committee on the Revision of Rules,
made the following report:

Mr. Speaker:

The Joint Committee for the Revision of the Joint Rules, to
whom were referred the message of the Senate and the joint rules
adopted by the Senate, respectfully recommend that the House
concur in the adoption of said joint rules, with the following
amendments :

1st. Strike out the eleventh rule, and re-insert the tenth rule.

2d. In the fifth line of the eighth rule, strike out the word
"made" and insert the word " unable."

3d. In the last line of the fifteenth rule, strike out the word
"ten" and insert the word ''two."

The report was concurred in. -

'* On motion of Mr. Howk,

The rules were informally passed over in order to enable the se-
lect committee to make certain changes in the phraseology.

Mr. Brown, from a select committee to wait on the Governor,
made a report.
Which,

On motion,
Was laid upon the table informally.

Mr. Hanna (by consent of the House) offered the following reso-
lution, which was adopted :

Whereas, The State Librarian informs the House that his du-
ties in the Library room are such that he will require some assist-
ance in order that the stationery department may be properly
attended to ; therefore, be it

Resolved^ That the House authorize the State Librarian to em-
ploy such assistance during the sitting of the General Assembly
as he may deem proper ; providing, said Librarian does not employ
more than two assistants, and that said assistants receive the same
compensation as the Assistant Doorkeeper of the House.

Mr. Abbett (by consent of the House) introduced

128

House bill No. 61. An act to amend section thirty-three of an
act entitled "an act to provide for the valuation and assessment of
the real and personal properly, and the collection of taxes in the
State of Indiana; for the election of township assessors, and pre-
scribing the duties of assessors, appraisers of real property, county
treasurers and auditors and of the Treasurer and Auditor of State.

The bill was read the first time, and passed to a second reading.

A message from the Senate by Mr. Vawter, their Secretary :

Mr. Speaker : . ,

I am directed by the Senate to inform the House that the Sen-
ate has passed the following concurrent resolution, in which the
concurrence of the House is respectfully requested:

Resolved, By Ihe Senate (the House concurring), that his Excel-
lency, Governor O. P. Morton, is deserving the gratitude of the
people of this State, and as their Representatives we hereby tender
him the thanks of the General Assembly for that tender solicitude
and care he has, on all suitable occasions, manifested in alleviating
the sufi'erings of the sick and \^'ounded soldiers of the State.

Resolved, That a certified copy of the foregoing resolutions, on
the passage thereof, be presented to his Excellency, Governor Oli-
ver P. Morton, by the Secretary of the Senate.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House of the passage
of the following concurrent resolution, viz :

Resolved, by the Senate (the House concurring). That the thanks
of this General Assembly are hereby tendered to Major General
Rosecrans, and the officers and soldiers under his command, for the
well earned victory of Murfreesboro, Tennessee; that they one and
all merit the lasting gratitude of the nation, and the admiration of
the world.

Resolved, That the patriotic earnestnesss, skill, and sleepless vig-
ilance displayed by the commanding General in his advance upon
the enemy, his plan of battle, and especially, in promptly meeting

129

the exigencies of its varying fortanes, prove that he M^as the right
man in the right place; that the hearty and prompt co-operation,
the gallantry and skill of his division and other commanders, the
ready obedience, unyielding and hardy courage of the soldiers, are
worthy of the highest commendation.

Resolved, That the Array of the Cumberland, Murfreesboro, and
the name of each fallen and surviving patriot soldier who took part
in the perilous struggle, are forever linked together in historic re-
nown, and Indiana will preserve and gratefully cherish their memory
to the latest generations as among the brightest jewels of an un-
divided republic.

Resolved, That the Secretary of the Senate be directed to
forward a copy of these resolutions to Major General Rosecrans,
with the request that they be read at the head of each regiment
taking part in that great battle, if consistant with the rules of mil-
itary propriety and discipline.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Sen-
ate has passed the following engrossed bill of the House without
amendment :

House bill No. *26. A bill fixing the time for holding the next
term of the several Circuit Courts in the Third Judicial Circuit,
and repealing all laws in conflict therewith.

A message from the Senate, by Mr. A'^awter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Sen^-
ate has concurred in the concurrent resolution of tlie House^ fixing:
the time for the election of three Directors for the State Prison
South, and three Directors for the State Prison North; alsOj.for the
election of State Printer, on to-morrow at 3 o'clock, P. M,.

The House took up the resolution of Mr. Gregory,, and the
amendments thereto, which were pendkig at the adjom'ument of
the House at noon to-day.

Pending the discussion of which,
H. J.— 9

13a

The Speaker declared the House adjourned until to-morrow
mornina: at 9 o'clock. ; ■

WEDNESDAY, 9 o'clock, A. M., )
January 21, 1863. \

The House met.

The journal of yesterday was read and approved.

RESOLUTIONS OF THE HOUSE.

By Mr. VanBuskirk:

Resolved, That the Doorkeeper be and the same is hereby di-
rected to furnish each one of the appointees of the principal and
assistant Clerks of this House with three dollars worth of postage
stamps.

Adopted.

Mr. Lemmon of Spencer, obtained leave of absence on account
of sickness. ^

By Mr. Roberts :

• Whereas, The act of the General Assembly " for the organiza-
tioa and regulation of the Indiana militia," approved March 11,
1861, appropriated for the years 1861 and 1862, out of the revenue
of the State, the sum of seventy thousand dollars for each
year, which was set apart by said act as a special fund for military
purposes; and

Whereas, The said act requires that three-fourths of said fund
shall be distributed, pro rata, by the Treasurer of State among
those counties having an active militia in proportion to the number
of active militia in each county ; and

Whereas, The Treasurer of State has failed to distribute said
fund, as required by said act, therefore

Resolved, That the Treasurer of State be, and he is hereby re-
quested to inform the House, at as early a day as practicable, why

131

he has neglected to distribute the said fund as required by the act
aforesaid.
adopted.

By Mr. Niblack :

Resolved, That the Doorkeeper be instructed to furnish a copy
of the Revised Statutes of 1852 for the use of the Committee of
Ways and Means.

Adopted.

JOINT RESOLUTIONS.

By Mr. Jones:

Joint resolution No. 11 ;

Which was read the first time and passed to a second reading.

BILLS INTRODUCED.

By Mr. Packard:

House bill No. 62. An act repealing section twenty-eight of
chapter six, of the act defining felonies and prescribing punishment
therefor, approved June 10, 1852, and defining the crime of arson,
and prescribing punishment therefor, and punishment for any injury
to any person resulting from arson.

The bill was read the first time, and passed to a second reading.

By Mr. Shoaff" of Allen :

House bill No. 63. An act providing for the taxing of dogs, and
for the payment of damages sustained in the maiming or killing of
sheep by dogs, and providing penalties for the violation of any of
the provisions of said act by officers and others, and also repealing
an act to license dogs, approved March 11, 1861.

The bill was read the first time, and passed to a second reading.

By Mr. Mutz :

House bill No. 64. A bill to amend section seventeen of an act
entitled " an act regulating descents and the apportionment of
estates," approved May 14, 1852.

The bill was read the first time, and passed to a second reading.

132

By Mr. Higgins:

House bill No. 65. An act for the relief of Alpheus C. Stanton.
The bill was read the first time, and passed to a second reading.

By Mr. Niblack :

House bill No. 66. An act to amend the act entitled " an act to
incorporate the Wabash Navigation Company," approved January
13, 1846, and to authorize the said company to raise money, when
necessary to make repairs on their works.

The bill was read the first time and passed to a second reading.

A message from the Senate, by Mr. Vawter, their Secretary :
Mr. Speaker :

I am directed to inform the House of the appointment of the
following named persons, to act on joint committee, to inquire into
the expediency of a revision and printing the statutes, as follows :
Senators Cobb, Downey, Johnson, Mellett, and Claypool.

By Mr. Wolfe :

House bill No. 67. An act to amend section four of an act en-
titled an act regulating interest on money, and to repeal an act en-
titled an act concerning interest on money, approved May 27, 1852,
the first section of the act defining misdemeanors, and prescribing
punishment therefor, approved June 14, 1852, and all other laws
and parts of laws in conflict therewith, approved March 7, 1861.

The bill was read the first time, and passed to a second reading.

By Mr. Miller:

House bill No. 68. An act entitled an act to amend the twenty-
second section of an act entitled an act defining misdemeanors,
and prescribing punishment therefor.

The bill was read the first time and passed to a second reading.

By Mr. Anderson :

House biU No. 69. An act regulating the duties of the State
Librarian.

The bill was read the first time, and passed to a sseeond reading.

133

By Mr. Johnson :

House bill No. 70. A bill to amend section six of an act entitled
an act regulating the granting of divorces, nullification of marriages

and decrees and orders of Courts thereto, approved May 13, 1852.
The bill was read the first time, and passed to a second reading.

By Mr. Anderson :

House bill No. 71. An act to amend section one hundred and
thirty-seven, of an act entitled " an act to provide for the valua-
tion and assessment of the real and personal property and the
collection of taxes in the State of Indiana; for the election of
Township Assessors, and prescribing the duties of Assessors, Ap-
praisers of Real Property, County Treasurers and Auditors, and of
the Treasurer and Auditor of State," approved June 21, 1852.

The bill was read the first time, and passed to a second reading.

By Mr. Burton :

House bill No. 72. An act to amend an act entitled " An act
defining misdemeanors and prescribing punishment therefor,'' ap-
proved June 14, 1852.

The bill was read the first time, and passed to a second reading.

By Mr. Lasselle :

House bill No. 73. A bill to repeal an act to ascertain the
amount of the Fees and Salaries of certain Officers, and to provide
punishment for a violation of its provisions.

The bill was read the first time, and passed to a second reading.

By consent of the House, Mr. Hanna oflered the following reso-
lution, which was adopted :

Resolved, That the Committee on Military Affairs be, and are
hereby authorized to employ a Clerk to aid said Committee in the
discharge of its duties, and that said Clerk receive the same com-
pensation as other Clerks of this House, for the time he may be so
employed.

On motion.
The House adjourned untU two o'clock, P. M.

.134

2 o'clock, p. M.

House met.

Mr. Howk, Chairman of the Committee on the Revision of the
Rules, reported the Rules back, with such verbal corrections as
were ordered by the House yesterday.

The report was concurred in.

The Speaker laid before the House a communication from the
Governor, in answer to a resolution of the House adopted yester-
day.

On motion of Mr. Packard :

The communication was laid on the table until to-morrow.

By consent of the House, Mr. Hanna offered the following reso-
lution : ,

Resolved, That the Major General and the Adjutant General of
the Indiana Legion be, and are hereby requested to make their
Annual Reports to this House, forthwith, and that when so reported,
a hundred copies of each be printed for the use of the House.

Adopted.

Mr. Howk, by consent of the House, offered the following reso-
lution :

Resolved, That the door-keeper be instructed to procure a suitable
and convenient room, for the use of the Committee on Judiciary,
as near to the State House as practicable.

Adopted. ,

By consent of the House, Mr. Cason offered the following joint
resolutions : . .

Joint resolution No. 12. A joint resolution proposing an amend-
ment to the second section of article second of the Constitution, so
that the Legislature may more effectually guard against fraudulent
voting.

The resolution was read the first time, and passsd to a second
readins.

135

Joint resolution No. 13. A joint resolution proposing an amend-
ment to article eight of the Constitution, so as to enable Cities,
Townships and Towns to levy taxes for the support of Common
Schools.

The resolution was read the first time, and passed to a second
reading.

Joint resolution No. 14. A joint resolution proposing an amend-
ment to the twenty-third section, article four of the Constitution,
so as to provide for laws enabling Cities, Townships and Towns
to raise money for the support of Common Schools.

The resolution was read the first time, and passed to a second
reading.

Mr. Brown, by the consent of the House, offered the following
resolution, which was adopted.

Whereas, One Andrew Wallace, now holding the office of
President of the Board for the management of the Benevolent In-
stitutions of Indiana, has held during and now holds the office of
trust and profit ;

AxD Whereas, The said Andrew Wallace, in a card published
in the Indianapolis Daily Journal of August 13, 1862, did admit that
he held the office aforesaid in the following words, to-wit : "Editors
Evening American, please explain for the benefit of the ignorant
as to passes, I am Acting United States Surveyor, for this District
of Indiana, holding my commission under His Honor Secretary
S. P. Chase, with power to arrest traitors against our Government,
and issue special permits," and that he has been issuing such
permits for over one year ;

And Whereas, The said Wallace admits, in said card so pub-
lished, that crowds went to his office in Indianapolis, and all that
were worthy to receive them he sold to, and a great many he
refused, charging for said papers twenty-five cents each to all per-
sons who desired to leave the city in pursuit of their business avo-
cations, an act derogatory to, and in violation of, the rights of the
free people of Indiana ;

And Whereas, The Constitution expressly provides that emi-
gration from the State shall not be prohibited, and the said Wal-
lace, in the exercise of an assumed arbitrary power, attempted to
prohibit the free transit or emigration of the people of Indiana,

136

unless they procured from him a free pass, the same that is required
of the negro from his master;

And Whereas, The Constitution expressly declares that no
person shall hold more than one lucrative office at the same time,
except as is expressly permitted in that instrument ;

And Whereas, The said Andrew Wallace stated, before his
election to the office of President of the Board aforesaid, that he
wanted the position for its honor, and pledged himself not to use
it for the advancement of his private interests ; therefore, be it

Resolved, That the Attorney General of this Slate be instructed
to inquire, and to report to this House whether the said Andrew
Wallace has not vacated the office of President of the Benevolent
Institutions by holding at the same time the office of United
States Surveyor of this District of Indiana.

A communication was received from the Governor, by IVIr. Hol-
loway, his private Secretary, in answer to a resolution of the
House, in relation to money paid by persons conscientiously
opposed to bearing arms.

Mr, Niblack offered the following resolution :

Resolved, That the Senate be invited to immediatel}?' repair to
the haU of this House, for the purpose of going into joint conven-
tion for the election of certain officers, as heretofore resolved by
the two Houses of this General Assembly.

The resolution was adopted.

Ordered, That the Clerk inform the Senate thereof.

The Senate, preceded by the Hon. Paris C. Dunning, their Pres-
ident, appeared in the hall of the House, where seats were provided
for them on the right of the Speaker's chair.

The President of the Senate, upon calling the joint convention
to order, announced that the General Assembly were met in joint
convention, pursuant to a concurrent resolution of both houses
thereof, for the purpose of electing three Directors of the State
Prison South, and three Directors of the State Prison North, and a
State Printer.

Mr. Niblack nominated George E. Green for Director of the
State Prison South, for the long term.

137

Senator Ray nominated Samuel Donaldson for Director of the
State Prison South, for the long term.

Mr. Moorman nominated A. S. Caruthers and Samuel M. Mitchell,
for the same office.

Those ivho voted for Mr. Green were —

Messrs.

Dunning,

Hoagland,

Moore,

Bradley,

Ferguson,

Hord,

Ray,

Brown of Wells

!, Finch,

Jenkins,

Shields,

Cobb,

Fuller,

Johnson,

Williams,

Davis of Cass,

Gaff,

Landers,

Wilson, and

Douglas,

Gifford,

McClurg,

W^olfe,

Downey,

Hartley,

Marshall,

Of the Senate. Also,

Messrs.

Hall,

Lemmon of H.,

Richardson,

Abbett,

Hanna,

Mason,

Rippey,

Bird,

Harden of W.,

McCaughey,

Roberts,

Blocher,

Hardin of Perry

, Miller,

Ryan,

Brogan,

Harney,

Milroy,

Shaffer,

Brown,

Hetfield,

Mutz,

ShoafF of Allen,

Burton,

Hon,

Niblack,

Shoaff of Jay,

Collins,

Howard,

O'Brien of M.,

Spencer,

Cook,

Howell,

Osborne,

Veatch,

Donaldson,

Howk,

Packard,

Waterman,

FeiTis,

Humphries,

Pendleton,

Williams,

Garvin,

Kemp of Dubois, Priest,

Wolfe,

Given,

Lasselle,

Puett,

Woollen,

Gregg,

Lee,

Rietz,

Mr. Speaker,

Of the House. Total— 81.

Those ivho voted for Mr. Samuel Donaldson ivere —

Messrs. Dunning,

Bradley, Ferguson,
Brown of Wells, Finch,

Cobb, Fuller,

Davis of Cass, Gaff,

Douglas, Gifford,

Downey, Hartley,

Hoagland,

Moore,

Hord,

Ray,

Jenkins,

Shields,

Johnson,

Williams,

Landers,

Wilson,

McClurg,

Wolfe,

Marshall,

138

Of the

Senate. Also,

Messrs.

Hall,

Lemmon of H.,

, Richardson,

Abbett,

Hanna,

Mason,

Rippey,

Bird,

Harden of W.,

McCaughey,

Roberts,

Blocher,

Hardin of Perry,

Miller,

Ryan,

Brogan,

Harney,

Milroy,

Shaffer,

Brown,

Hetfield,

Mutz,

Shoaffof Allen,

Burton,

Hon,

Niblack,

Shoaff of Jay,

Collins,

Howard,

O'Brien of M.,

Spencer,

Cook,

Howell,

Osborne,

Veach,

Donaldson, Howk,

Packard,

Waterman,

Ferris,

Humphries,

Pendleton,

Williams,

Garvin,

Kemp of Dubois

, Priest,

Wolfe,

Given,

Lasselle,

Puett,

Woollen,

Gregg,

Lee,

Reitz,

Mr. Speaker,

Of the House. Total— 81.

Those tvho voted for A. S. Caruthers were —

Messrs.

Campbell,

Mansfield,

New,

Bearss,

Claypool,

March, +

Pleak,

Beeson,

Culver,

Mellett,

White,

Berry,

Grubb,

Murray,

Wright,

Brown of R.,

Of the Seii

late. Also,

Messrs.

Chambers,

Jones,

Noyes,

Abdill,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,

Cass,

Johnson,

Newman,

Woodruff,

Of the House. Total— 54.

Those who voted for S. M. Mitchell were-

139

Messrs.

Campbell,

Mansfield,

New,

Bearss,

Claypool,

March,

Pleak,

Beeson,

» Culver,

Mellett,

White, and

Berry,

• Grubb,

Murray,

Wright,

Brown of R.

Of the Sei

nate. Also,

Messrs.

Chambers,

Jones,

Noyes,

Abdill,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,

Cass,

Johnson,

Newman,

Woodruff,

Of the House. Total— 54.

The President of the joint convention declared Messrs. Green
and Donaldson duly elected Directors of the State Prison South,
to serve as such for the term of four years.

Mr. Howard nominated John F. Reed for Director of the State
Prison South, for the short term.

Senator March nominated Mr. Brotherton for the same office.

Those who voted for Mr. Reed were-

Messrs. Dunning,

Bradley, Ferguson,

Brown of Wells, Finch,

Cobb,

Davis of Cass,

Douglas,

Downey,

Fuller,
Gaff,
GifFord,
Hartley,

Hoagland,

Moore,

Hord,

Ray,

Jenkins,

Shields,

Johnson,

Williams,

Landers,

Wilson,

McClurg,

Wolfe,

Marshall,

Of the Senate. Also,

Messrs. Hall, Lemmon of H., Richardson,

Abbett, Hanna, Mason, Rippey,

Budd, Harden of W., McCaughey, Roberts,

140

Blocher,

Hardin of Perry,

Miller,

Ryan,

Brogan,

Harney,

Milroy,

Shaffer,

Brown,

Hetfield,

Mutz,

Shoaff of Allen,

Burton,

Hon,

Niblack,

ShoafF of Jay,

Collins,

Howard,

O'Brien of M.,

Spencer,

Cook,

Howell,

O shorn.

Veach,

Donaldson,

Howk,

Packard,

Waterman,

Ferris,

Humphrey!

-5

Pendleton,

Williams,

Garvin,

Kemp of Di

ibois, Priest,

Wolfe,

Given,

Lasselle,

Pnett,

Woollen,

Gregg,

Lee,

Reitz,

Mr. Speaker.

Of the House. Total— 81.

Those ivho voted for Mr. Brotherton ivere —

Messrs.

Campbell,

Mansfield,

New,

Bearss,

Claypool,

March,

Pleak,

Beeson,

Culver,

Mellett,

White,

Berry,

Grubb,

Murray,

Wright,

Brown of R.,

Of the Sen

late. Also,

Messrs.

Chambers,

Jones,

Noyes,

Abdill,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

FoiTester,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,

Cass,

Johnson,

Newman,

Woodruff,

Of the House. Total— 54.

The President of the joint convention declared John F. Reed
duly elected Director of the State Prison South, to serve as such
for the term of two years.

Senator Hoagland nominated Thomas Tigar as Director of the
State Prison North.

i 141

Mr. Wolfe nominated James H. Swaar,
Mr. Miller nominated R. S. Hastings.

Mr. Moorman nominated Chauncey B. Blair, Hugh Hanna, and
Jonas Votaw.

Those loho voted for Mr. Thos. Tigar tvere —

Messrs.

Dunning,

Hoagland,

Moore,

Bradley,

Ferguson,

Hord,

Ray,

Brown of Wells

, Finch,

Jenkins,

Shields,

Cobb,

Fuller,

Landers,

Williams,

Davis of Cass,

Gafi;

McClurg,

Wilson,

Douglas,

GifTord,

Marshall,

Wolfe,

Downey,

Hartley,

Of the Senate. Also,

Messrs.

Hall,

Lemmon of H.

, Richardton,

Abbett,

Hanna,

Mason,

Rippey,

Bird,

Harden of W.,

McCaughey,

Roberts,

Blocher,

Hardin of Perry.

, Miller,

Ryan,

Brogan,

Harney,

Milroy,

Shaffer,

Brown,

Hetfield,

Mutz,

Shoaff of Allen,

Burton,

Hon,

Niblack,

Shoaff of Jay,

Collins,

Howard,

O'Brien of M.,

Spencer,

Cook,

Howell,

Osborne,

Veatch,

Donaldson,

Howk,

Packard,

Waterman,

Ferris,

Humphries,

Pendleton,

Williams,

Garvin,

Kemp of Dubois, Priest,

Wolfe,

Given,

Lasselle,

Puett,

Woollen,

Gregg,

Lee,

Reitz,

Mr. Speaker,

Of the House. Total— 80.

Those who voted for Mr. James H. Stvaar tvere —

Messrs. Downey, Hartley, Marshall,

Bradley, Dunning, Hoagland, Moore,

Brown of R., Ferguson, Hord, Ray,

Brown of Wells, Finch, Jenkins, Shields,

Cobb, Fuller, Johnson, Williams,

Davis of Cass, Gaff, Landers, Wilson,

Douglas, Gilford, McClurg, Wolfe, ,

142

Of the Senate. Also,

Messrs.

Hanna,

Lemmon of H.

, Richardson,

Abbett,

Harden of W.,

Mason,

Rippey,

Bird,

Hardin of Perrj

, McCaughey,

Roberts,

Blocher,

Harney,

Miller,

Ryan,

Brogan,

Hetfield,

Milroy,

Shaffer,

Brown,

Hon,

Mutz,

Shoaff of Allen,

Burton,

Howard,

Niblack,

Shoaff of Jay,

Collins,

Howell,

O'Brien of M.,

Spencer,

Cook,

Howk,

Osborne,

Veach,

Donaldson,

Humphreys,

Packard,

Waterman,

Ferris,

Kemp of Dubois, Pendleton,

Williams,

Garvin,

Kilgore,

Priest,

Wolfe,

Given,

Lasselle,

Puett,

Woollen,

Gregg,

Lee,

Reitz,

Mr. Speaker.

Hall,

Of the House. Total— 83.

Those who voted for Mr.

R. S. Hastings were —

Messrs.

Dunning,

Hoagland,

Moore,

Bradley,

Ferguson,

Hord,

Ray,

Brown of Wells, Finch,

Jenkins,

Shields,

Cobb,

Fuller,

Johnson,

Williams,

Davis of Cass,

Gaff,

Landers,

Wilson, and

Douglas,

Gifford,

McCIurg,

Wolfe,

Downey,

Hartley,

Marshall,

Of the Senate. Also,

Messrs.

Abbett,

Bird,

Blocher,

Brogan,

Brown,

Burton,

Collins,

Donaldson,

Ferris,

Gavrin,

Hanna,

Harden of W.,

Hardin of Perry,

Harney,

Hetfield,

Hon,

Howard,

Howell,

Howk,

Humphreys,

Kemp of Dubois,

Mason,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborn,

Packard,

Pendleton,

Priest,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaff' of Allen,

Shoaff of Jay,

Spencer,

Veach,

Waterman,

Williams,

Wolfe,

Given,
Gregg,
Hall,

Lasselle, Puett,

Lee, Reitz,

Lemmon of H., Richardson,

Woollen and
Mr Speaker,

Of the House. Total— 81.

Those who voted for Chauncey Blair were —

Messrs.

Campbell,

Mansfield,

New,

Bearss,

Claypool,

March,

Pleak,

Beeson,

Culver,

Mellett,

White and

Berry,

Grubb,

Murray,

Wright,

Brown of R.,

Of the Senate. Also,

Messrs.

Chambers,

Jones,

Noyes,

Abdill,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

C^regory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd.

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,

Cass,

Johnson,

Newman,

Woodruff,

Of the House of Representatives — Total 56.
Those IV ho voted for Mr. Hannah were —

Messrs.

Claypool,

Mansfield,

New,

Bearss,

Culver,

March,

Pleak,

Beeson^,

Grubb,

Mellett,

White and

Berry,

Johnson,

Murray,

Wright,

Campbell,

Of the Senate. Also,

Messrs.

Chambers,

Jones,

O'Brien (?f H.

AbdiU,

Davis,

Kendrick,

Perry,

Anderson,

Forrester,

Lamb,

Pettibone,

Atkison,

Gregory,

Leeds,

Robinson,

Baker,

Griffith,

Marshall,

Roe,

144

Bran ham,

Hershey,

Moorman,

Stone,

Budd,

Higgins,

Morgan,

Tarkhigton,

Beyerle,

Hostetter,

Mustard,

Van Buskirkand

Cason,

James,

Newman,

Woodruff,

Cass,

Johnson,

Noyes,

Of the

Hous

e. Total—

-55.

Those wlio voted for Mr. Voiaiv were-

Messrs.

Brown of R.,

Mansfield,

New,

Bearss,

Campbell,

March,

Pleak,

Beeson,

Culver,

Mellett,

"White and

Berry,

Grubb,

Murray,

Wright,

Of the

Senate, Also,

Messrs.

Chambers,

Jont^s,

Noyes,

Abdill,

Davis,

K end rick.

O'Brien of H.,

Anderson,

, Forrester.

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Gritaih,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirkand

Cass,

Johnson,

Newman,

Woodruff,

Of the House. Total— 56.

The President declared Messrs. Tigar, Swaar and Hastings, duly
elected Directors of the State Prison North, to serve as such for
four years.

Senator Brown, of Wells, nominated Joseph J. Bingham for
State Printer.

Senator Beeson nominated Berry Sulgrove.

Those loho voted for Mr, Joseph J. Bingham were —

Messrs. Dunning,

Bradley, Ferguson,

Brown of Wells, Finch,

Hoagland,

Moore,

Hord,

Ray,

Jenkins,

Shields,

145

Cobb,

Fuller,

Johnson,

Williams,

Davis of Cass,

Gaff,

Landers,

Wilson,

Douglas,

Gifford,

McCIurg,

Wolfe,

Downey,

Hartley,

Marshall,

Of the Senate. Also,

Messrs.

Hanna,

Mason,

Rippey,

Abbett,

Harden of W.,

Miller,

Roberts,

Buck],

Hardin of Perry

, McCaughey,

Ryan,

Blocher,

Harney,

Milroy,

Shaffer,

Brogan,

Hetfield,

Mutz,

Shoaff of AUen,

Brown,

Hon,

Niblack,

Shoaff of Jay,

Burton,

Howard,

O'Brien of M.,

S pencer.

Collins,

Howell,

Osborn,

Veach,

Cook,

Howk,

Packard,

Waterman,

Donaldson,

Humphreys,

Pendleton,

Williams,

Ferris,

Kemp of Dubois, Priest,

Wolfe,

Garvin,

Lasselle,

Puett,

Woollen,

Given,

Lee,

Reitz,

Mr. Speaker,

Hall,

Lemmon of H.,

Richardson,

Of the House. Total— 80.

Those who voted for Eery Sulgrove ivere-

Messrs.

Campbell,

Grubb,

Murray,

Bearss,

Claypool,

Mansfield,

New,

Beeson,

Culver,

March,

Pleak,

Berry,

Davis of Parke,

, Mellett,

White,

Brown of R.,

Of the Senate. Also,

Messrs.

Chambers,

Jones,

Noyes,

Abdiil,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkingtor

Cason,

James,

Mustard,

Van Bur"

H. J.-

-10

146

Cass, Johnson, Newman, Woodruff,

Of the House. Total— 56.

The President declared Joseph J. Bingham duly elected State
Printer, to serve as such for the term prescribed by law.

The President declared the joint convention adjourned si7ie die.

On motion of Mr. Branham,
The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, A. M., }
January 22, 1863. \

The House met.

The Journal of yesterday was read and approved.

The Speaker laid before the House a communication from the
Treasurer of State, in response to a resolution of the House
adopted yesterday.

On motion of ]Mr. Roberts,
The communication was laid upon the table.

The resolution of Mr. Gregory, in reference to secret political
societies, was taken up ;

Pending the discussion of which,

On motion.
The House adjourned until 2 o'clock, P, M.

2 o'clock, p. m.
The House met.

147

A messege from the Governor by Mr. HoUoway :

Mr. Speaker:

I am directed by the Governor to inform the House that he has
approved and signed the following bill:

House bill No. 26. An act fixing the time for holding the next
terms of the several circuit courls in the Third Indiana Circuit,
and repealing all laws in conflict therewith.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills thereof, viz:

Senate bill No. 6. A bill ceding to the United States of America
jurisdiction over certain lands and their appurtenances, in the
county of Marion, and reserving the right to serve process thereon,
and exempting the same from taxation ; also,

Senate Joint Resolution No. 1. Proposing amendments to
article eight, and twenty-third section of article four of the Consti-
tution, enabling cities, townships, and towns to levy taxes for the
support of common schools, and so as to provide for laws necessary
to secure that object.

In which the concurrence of the House is respectfully requested.

Mr. Wolfe, chairman of the Committee on Enrolled Bills, made
the following report:

Mr. Speaker:

The committee on enrolled bills reports that they have carefully
compared the enrolled with engrossed House bill No. 26, and find
that the same was correctl}' enrolled, and was to-day presented to,
and signed by the Speaker of the House of Representatives, and,
the President of the Senate, and that the same was this day pre-
sented to the Governor, who approved and signed thg same, Janu-
ary 22, 1863.

The resolution of Mr. Gregory, and the amendments offered
thereto, was again taken up.

148

Mr. Lee moved that the resolution and pending amendments be
indefinitely postponed.

Mr. Brown moved that the resolution and pending amendments
lie upon the table.

The question being, shall the resolution and amendments lie
upon the table ?

Messrs. Griffith and Woodruff demanded the ayes and noes.

Those who voted in the affirmative were —

Messrs.

Abbett,

Atkison,

Blocher,

Brogan,

Brown,

Burton,

Collins,

Cook,

Donaldson,

Ferris,

Garvin,

Given,

Hall,

Messrs.

Abdill,

Anderson,

Baker,

Eudd,

Beyerle,

Cass,

Chambers,

Davis,

Forrester,

Hanna, Lemmon of S., Rippey,

Harden of W., Mason, Roberts,

Hardin of Perry, McCaughey, Ryan,

Harney,

Hetfield,

Holcomb,

Hon,

Howard, Osborn,

Howell, Packard,

Humphreys, Pendleton,

Kemp of Dubois, Priest,

Lasselle, Reitz,

Lee, Richardson,

Lemmon of H.,

Miller, Shaffer,

Milroy, Shoaff of Allen,

Mutz, Shoaff of Jay,

O'Brien of M., Spencer,

Veach,
Waterman,
Williams,
Wolfe,

Woollen, and
Mr. Speaker-53.

Those who voted in the neg-ative were —

Gregg,

Gregory,

Griffith,

Hershey,

Higgiiis,

Hostetter,

James,

Johnson,

Jones,

Kendrick,
Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Noyes,

O'Brien of H.,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

Van Buskirk and

Woodruff— 36.

So the resolution and amendments were laid upon the table.
Mr. Roberts moved to reconsider the vote just taken, by which

149

the resolution and amendments were laid upon the table, and that
his motion to reconsider also lie upon the table.
Which was agreed to.

The Speaker laid before the House the following communication
from the Major General of the Indiana Legion :

Indianapolis, Indiana, )
January 22, 1863. j

To the Speaker of the House of Representatives :

Sir, — In reply to a resolution passed yesterday, by the House of
Representatives, calling for the reports of the Major General and
Adjutant General of the Indiana Legion, I respectfully state that
my report, as Major General, was transmitted to the Governor on
the first inst., and was by him laid before the Senate yesterday. I
regret not having retained a copy of my report full enough to en-
able me to comply with the resolution of the House,"

I have the honor to be, •

Very respectfully,

/ JOHN LOVE.

The Speaker laid before the House the following communica-
tion fi*om the Adjutant General :

Hex. Samuel H. Buskirk,

Speaker of the House of Representatives :

Sir, — In answer to the resolution passed by the honorable body
over which you preside, requesting my report to be furnished, I
have the honor to state that my report has been filed with the
Governor, and is one of the documents accompanying his message.
I will further state that I have been informed that the report has
been presented, among others, by His Excellency the Governor, to
the Senate, and is now before that body for its action.

I have the honor to be,

Yours very respectfully,

LAZ. NOBLE,

Adft General, Indiana.

150

The Speaker laid before the House the following communication
from the Attorney General of the State.

Attorxey General's Office, ]

Indianapolis, Indiana, January 21, 1863. \

Hon. Samuel H. Buskirk,

Speaker of the House of Representatives :

Sir, — I have the lionor to acknowledge the receipt of the follow-
ing preamble and resolution, passed by the House :

Whereas, One Andrew Wallace, now holding office of Presi-
dent of the Board for the management of the Benevolent Institu-
tions of Indiana, has held, during the same time, and now holds
the office of Surveyor of " this District of Indiana," an office of
trust and jirofit ;

And Whereas, The said Andrew Wallace, in a card, published
in the Indianapolis Daily American, of August 13, 1862, did admit
that he held the office aforesaid in the following words, to wit : —

" Editor Evening American : — Please explain, for the benefit of
the ignorant, as to passes. I am acting United States Surveyor
for this District of Indiana, holding my Commission under His
Honor Secretary S. P. Chase, with power to arrest traitors against
our Government, and issue special permits," and that he had been
selling such permits for over one year ;

And Whereas, The said Wallace admits in said card, so pub-
lished, that crowds went to his office in Indianapolis, and all that
were worthy to receive them, he sold to, and a great many he re-
fused, charging for said passes twenty-five cents each to all persons
who desired to leave the City in pursuit of their business avoca-
tions, an act derogatory to and in violation of the rights of the free
people of Indiana;

And Whereas, The Constitution expressly provides that emi-
gration from the State shall not be prohibited, and the said Wallace,
in the exercise of an assumed arbitrary power, attempted to pro-
hibit the free transit of " emigration of the people of Indiana," unless
they procured from him free papers, the same that are required of
the negro slave from his master ;

151

And Whereas, The Constitntion expressly declares that no per-
son shaU hold more than one lucrative office at the same time,
except as is expressly permitted in that instrument ;

And Whereas, The said Andrew Wallace stated, before his
election to the office of President of the Board aforesaid, that he
wanted the position for its honor, and pledged himself not to use it
for the advancement of his private interest; Therefore be it

Resolved, That the Attorney General of this State be instructed
to inquire and report to this House, whether the said Andrew
Wallace has not vacated the office of President of the Board of
Bt-nevolent Institutions, by holding, at the same time, the office of
United States Surveyor for " this District of Indiana."

The facts presented by the preamble and resolution are substan-
tially these: — Mr. Andrew Wallace was, by the Legislature at its
regular session of 1861, elected to the office of President of the
Beard of Benevolent Institutions, and afterwards accepted from
the Secretary of the Treasury the position of Surveyor, and ex-
ecuted the functions of the office by issuing permits, &c.

The question presented is, did his acceptance of a Commission
of Surveyor, and the execution of the functions of the position,
vacate his office as President?

By Section five of an act of Congress, approved July 13, 1861,
the President was authorized to declare by proclamation, and there-
upon all commercial intercourse between the citizens of such
Districts and the citizens of the rest of the Union should cease, and
that all goods proceeding from or to such Districts were forfeited,
and the proceeds; provided however, that the President may, in his
discretion, license and perrpit commercial intercourse with any such
part of such State or section, the inhabitants of which are so
declared in a state of insurrection in such articles, and for such
time and by such persons as he in his desecration may think most
conducive to the public interest ; and such intercourse, so far as by
him licensed, shall be conducted and carried on only in pursuance
of rules and regulations prescribed by the Secretary of the Treas-
ury. And the Secretary of the Treasury may appoint such officers
at places where officers of the customs are not now authorized by
law, as may be needed to carry into effect such licenses, rules and

152

regulations ; and officers of the customs and other officers shall
receive for services under this section, and under said rules and
regulations, such fees and compensation as are now allowed for
similar services under other provisions of law."

The position held by Mr. Wallace was evidently under the
authority contained in this section.

The Surveyorship, from the reading of the section, was an
officer and hicrative.

It is provided by section nine, article two of the Constitution of
Indiana, that no person shall " hold more than one lucrative office
at the same time, except as in the Constitution expressly provided."

There is no provision permitting a person, at the same time, to
hold a State office, and a National office of the character of the
Surveyorship. The rule is that the holder of an office under our
State Government, vacates it by accepting a National lucrative
office, except in the case of Deputy Post Masters, where the salary
does not exceed ninety dollars per annum.

In the case of Kerr vs. Jones, decided by the Supreme Court at
its last term, the identical legal question was presented. Mr. Har-
rison, the Supreme Court Reporter, accepted a Commission as
Colonel of the 70th Indiana Regiment, the court held that the
acceptance of the Commission vacated the office of Reporter. I
have therefore arrived at the conclusion, that upon the acceptance
by Mr. Wallace of the Surveyorship, the position held by him of
President of the Board of Benevolent lustitutions became vacant.

Respectfully,

OSCAR B. HORD.

Mr. Brown moved that the communication of the Attorney
General be referred to the Committee on the Judiciary, with in-
structions to prepare a bill in consonance witli the opinion of the
Attorney General.

Agreed to. . , •

Mr. Packard, by consent of the House, offered

Joint Resolution No. 15. A joint resolution of thanks to the

153

soldiers of Indiana, and providing for the registry and preservation
of the names of those who have fallen in the service of their
country during the jM-esent war.

It was read the first time, and passed to a second reading.

Mr.' Hon obtained leave of absence.

Mr. Harden of Washington obtained leave of absence.

On molion,
The House adjourned until to-morrow, at 9 o'clock, \. M.

FRIDAY, 9 o'clock, A. M„
January 23, 1863.

House met.

The Journal was read and approved.

Messrs. Abdill, Brogan, and Woollen, obtained leave of absence
on account of sickness.

PETITIONS, MEMORIALS AND REMONSTRANCES.

By Mr. Kilgore :

A petition of sundry citizens, asking for a more stringent law on
temperance.

Referred to the Committee on Temperance.

By Mr. Pendleton:

A petition of one hundred and thirty-three citizens of Johnson
county, asking for the enforcement of the thirteenth article of the
Constitution.

Referred to the select committee on that subject.

A claim was presented by I^Iessrs. Morrison and Ray ;
Which was refered to the Committee on Claims.

By Mr. Milroy : ■

154

A memorial from sundry citizens, asking for a grant of land for
the improvement of agriculture.

Referred to the Committee on Agriculture.

By Mr. Donaldson :

A petition of the citizens of Miami county, asking for an alter-
ation of the collection laws, so as to make debts collectable where
they are contracted.

Referred to the Committee on the Judiciary.

REPORTS FROM STANDING COMMITTEES.

By Mr. Niblack, chairman of the Committee of Ways and
Means :

Mr. Speaker :

I am directed by the Committee of Ways and Means to report
back House bill No. 3, entitled an act appropriating thirty thousand
dollars for expenses of the General Assembly, and to recommend
that it lie upon the table. <

The report was concurred in. ' i

On motion of Mr. Howk, '

The resolution empowering the Judiciary Committee to employ I

a clerk and doorkeeper, was taken from the table. j

Mr. Howk moved to amend the resolution by striking out all i

relating to a doorkeeper.

The amendment was adopted. -■ !

Mr. Wolfe moved to strike out the words, "and such assistants '
as may be necessary."

Mr. Roberts moved to amend the amendment by inserting the
words, "and one assistant clerk, if deemed necessary."

Mr. Anderson moved the previous question.
Which was ordered.

The question being on the amendment of Mr. Roberts ;
The amendment was not adopted.

Then the question being on the amendment of Mr. Wolfe;
It was not adopted.

155

The question being on the adoption of the resolution as amended,
Messrs. Roberts and Ferris demanded the ayes and noes.

Those who voted in the affirmative were —

Messrs.

Ferris,

Kendrick,

Perry,

Abbett,

Forrester,

Kilgore,

Priest,

Abdill,

Garvin,

Lamb,

Puett,

Anderson,

Given,

Lasselle,

Reitz,

Atidson,

Gregg,

Marshall,

Richardson,

Balcer,

Gregory,

Miller,

Robinson,

Bird,

Hall,

Milroy,

Roe,

Branham,

Hanna,

Moorman,

Ryan,

Budd,

Hardin of P.,

Morgan,

Shaffer,

Barton,

Harney,

Mustard,

Shoaft" of Allen,

Beyerle,

Hetfield,

Niblack,

Shoaff of Jay,

Cass,

Hershey,

Noyes,

Spencer,

Chambers,

Howard,

O'Brien of H.,

Tarkington,

Cook,

Howell,

O'Brien of M.,

Van Buskirk,

Davis,

Howk,

Osborne,

Veatch,

DeBruler,

Humphreys,

Packard,

Williams,

Donaldson,

Kempof Duboi

s, Pendleton,

Mr. Speaker-66.

Those ivho voted in the nesrative ivcre-

Messrs,

Holcomb,

Lemmon of S.,

i Rippey,

Blocher,

Hostetter,

Mason,

Roberts,

Cason,

James,

McCaughey,

Stone,

Collins,

Lee,

Mutz,

Wolfe,

Ferris,

Leeds,

Newman,

Woodruff-

Higgins,

Lemmon

of H.,

-21.

So the resolution was adopted.

Mr. Harney, from a select committee, made the following report,
which was concurred in :

The select committee, to whom was referred the resolution to
procure from the Senate that portion of the report of the Bank of
the State, which had not been furnished to this House, report that
your committee have performed that duty, and find that a complete
report of said Bank has been furnished to the Senate, and will be

156

printed by that house, and we think it would not be prudent for
this house to make another order for printing them.

RESOLUTION'S OF THE HOUSE.

By Mr. Kendrick:

Resolved, That the Judiciary Committee inquire into and report
whether any private company or organization lias the right to
.make a toll road of the old Michigan State Road, whether such
co!n|)any or organization holds a charter from the Legislature of
the Srate of Indiana, warranting them to collect tolls on said road,
and if any legislation is necessary on the subject.

Adopted.

By Mr. Wolfe :

Resolved, Tiiat the Principal Clerk and Principal Doorkeeper of
this House be directed to report, as soon as possible, the number of
assistants, including pages, under their employ.

Mr. Holcomb moved to refer the resolution to the select com-
mittee on that subject.
Agreed to.

By Mr. Ni black:

Resolved, That the Committee of Ways and Means have leave
to sit during the session of the House, when the current and neces-
sary business of said committee shall require it.

Adopted.

Mr. Donaldson moved to reconsider the vote taken on his reso-
lution, in relation to a})portioning the State for Representative and
Senatorial purposes.

Agreed to.

Mr. Donaldson moved to amend the resolution by striking out
all after the word '-resolved," and inserting the following:

That there be appointed on the part of the House a committee
consisting of one from each Congressional District, to act with a
similar committee on the part of the Senate, to apportion the State

157

for Senators and Representatives and that the Senate be, and is
hereby requested to concur herein.
The amendment was agreed to.

Mr. Shaffer moved to reconsider the vote taken on a resolution
oiTered by himself, in relation to the apportionment of the State for
Congressional purposes.

Agreed to.

Mr. ShafTer offered the following amendment :

Strike out all after the word "resolved," and insert the following:

That there be appointed by the House a committee of one from
each Congressional District, to act with a similar committee on the
part of the Senate, to apportion the State for Congiessional pur-
poses, and that the Senate be requested to concur in this resolution.

The resolution as amended was adopted.

By Mr. Lamb:

Resolved., That the Committee on Education be instructed to
inquire whether any additional legislation is practicable to secure a
more general attendance of the children of the State at our free
schools, and if so, that they report by bill or otherwise.

Adopted.

By Mr. Hostetter :

Resolved, That the Superintendents of the Deaf and Dumb, and
Blind Asylums, are respectfully invited to give exhibitions of the
proficiency of the pupils under their care respectively, before the
members of this General Assembly, and that the Clerk of this
House be and is hereby instructed to inform those gentlemen of
the passage of this resolution, and report to this House the time
when, and the place where, it wiU be convenient for them to hold
such exhibitions.

Adopted.

By Mr. Holcomb :

Resolved, That the Committee on Fees and Salaries be in-
structed to examine the laws requiring Sheriffs to advertise their
sales of property, by execution, in the newspapers of their respec-

158

tive countie?, and if said law does not fix the printer's fee for
advertising, that they report by bill or otherwise.

Adopted. . ■

Mr. Shoaff, of Allen, obtained leave of absence.

By Mr. Mustard: . ,

Resolved, That the Committee on Judiciary be instructed to
inquire into tlie expediency of so amending the collection laws, so
as to give Justices of the Peace exclusive origiiral jurisdiction in
all suits founded on contract or tort, where the debt or damages
claimed does not exceed twenty dollars, and that the parties liti-
gant have no right of appeal where the judgment obtained does not
exceed ten dollars.

Adopted.

Mr. Harney ofiered the following:

Be it resolved, By the House of R-eprcsentatives of the State of
Indiana, the Senate concurring therein, tliat the following memorial
be transmitted by His Excellency the Hon. O. P. Morton, Governor
of this State, unto His Excellency Hon. Horatio Seymour, Governor
of the State of New York, with the request that he lay the same
before the Legislature of that State.

To the Senate and Assembly of the State of New York:

The General Assembly of the State of Indiana beg leave to
memorialize your honorable body, in reference to the transits of
produce and merchandise going from and coming into our State,
by way of the canals, rail roads and other thoroughfares of your
State, in carrying on our trade with the atlantic seaboard. We
take the greatest freedom in approaching you upon a subject some-
what delicate in its nature, from the known liberality uniformly
displayed by the State of New York in her legislation in whatever
might affect the rights and interests of her sister States ; and also
from the very generous and satisfactory manner in which his excel-
lency, the Governor of your State, has thought fit to speak of the
}:)atriotism and wealth of the Western States, in his recent message
to your honorable body.

Within our own boundaries we have no harbors and seaports
crowded with merchantmen, ready to take our produce to the

159

markets of the world, and thus relieve from the dangers and ex-
pense of long lines of travel and transportation. Our merchants
are cut off from the rich resources of foreign trade, and our revenues
deprived of the taxes upon the wealth always flowing from it.
Owing to that fact, with others, our own citizens own but little
stock in any corporation outside of our own limits, and therefore
can have no control over those agencies upon which we have now
solely to rely for conveyance of our produce to market since The
breaking out of the rebellion, things which before were only incon-
veniences have now become peculiar hardships. Our great natural
channels of convenience has become stagnant by blockade. States
within easy distance with which we once carried on a lucrative
traffic are now in arms against us, and from our border position we
have to defend our soil from their incursions. We mannfaclure
but little of what the Government rcqvii res ; our horses and mules
are bought by its agents without any com^peting buyers, and the
produce we sell to it is not more than the soldiers we have furnished
would have consumed at home. Thus it occurs that for all of our
surplus we have but one market, and one direction of thorough-
fares which we must patronize, and these thoroughfares, with one
exception, pass through your State. This, in one sense, should be
no matter of complaint upon our part; we certainly feel under deep
obligation to the State and people of New York, for their liberality,
foresight and enterprise in taking the risk of investing so much
capital in those great artificial channels of communication ; she is
certainly entitled to the profits on the trade she has enticed to her
marts, and ample j)ay for the labor of transmitting it there; but
I what suggestions w'c have to make are founded upon the comity
that exists between u^^ as States, and the relation between our
people and yours as merchants and customers. And we only ask
such legislation as you may deem compatiable with the interests
of your State, and as will not infringe upon the obligations already
entered into with those corporations.

* We presume that in a normal condition of affairs, such as existed
before the breaking out of the war, that the business done upon
your through rail roads and canals, at the rates then charged, was
fairly remunerative, as they were enabled to add great improve-
ment to their works, pay comfortable salaries to their officers, good
wages to their employees, and leave a liberal surplus for dividends

.and interests on the capital invested. We further presume that a

160

large increase of business, probably fifty per cent, more than they
hitherto enjoyed, would have enabled them to have diminished their
rates, and still have retained a largely increased revenue, sufficient
to have satisfied the demands of ordinary invested capital, especi-
ally where that increase of business was caused by the misfortunes
of their customers, without whose patronage their works would be of
very diminished value. But wc find, contrary to such well founded
presumptions, there has been an increase of rates upon freights,
amounting to over forty per cent., swelling their profits to an
enormous degree, enhancing the value of their securities, increasing
the revenues of the State, and distribuiting the drippings of sudden
acquired wealth into every avenue where their influence extends.
We reflect, too, that when this assessment falls upon property going
to or coming from our State (which forms a large item in their
aggregate of business), is just that much money lost to the people
of our State, and to that extent diminishes our ability to provide
against similar contingencies in future ; so severe has it become,
that in some cases the cost of transportation exceeds the original
cost of the article four-fold, in others two-fold, and on an average I
of our trade it may be safely set down at one-half. I

These things cause our people to murmur : we hear complaints i
all around us, that while we have cheerfully submitted to a block- ,
ade of our natural channels of trade for the general good, and have I
furnished every requisition made upon us for men or money to as- j
sist the Government in preserving the institutions common to us !
all, and have made voluntary sacrifices not demanded of us by the
authorities to protect the interior of the country from the ravages
of war. Yet with all this, we find there is a new burden laid upon
us by those whose revenues were therefore founded safely upon our
patronage, and who have a common interest with us in the sacri-
fices we are making. These complainings are not calculated to se-
cure that harmony and good feeling which should exist between
people engaged in a common cause ; and we hope in future no rea-
son will exist for their continuance.

But it is not alone of high rates charged that we complain, but
it is that freights are raised without suflicient notice being given,
leaving the trader to pay the extra charge when the article had
been purchased with a reference to a pre-existant state of aftairs.
And cases have come to our knowledge, well authenticated, where
the New York Central railroad had raised their freisfhts after the

161

stock was registered on the books of said company and ready for
transportation, and in some cases were on board of the cars before
any notice of the change was given. Our people had no remedy in
reach, no choice but to endure, except by the friendly co-operation
of the State from which these companies derive their charters.
We, therefore, pray your honorable body that such legislation may
be had upon this subject, as will restrict the railroads passing
through your state to as low a rate of freights as will be remunera-
tive to them, and not oppressive to us, and that there shall be no
advance of freights without at least thirty days public notice being
given ; and no advance shall be made upon freights which have
been tendered the company ready for trans|)ortation. In reference
to the Erie canal, we are not aware that there has been any in-
crease of toll within the last two years, but we know that the unu-
sual amount of freight offered in the autumn of 1861 and 1862,
that the cost of transportation was more than double. This, of
course, was lost to the producer or merchant who forwarded it, for
the obvious reason that such advances could cause no correspond-
ing change in the markets of the world, which wc are striving to
reach.

We, therefore, suggest that, for the present at least, some restric-
tions might be placed upon boats and transportation companies as
to the amount they should be allowed to receive, so that our
merchants and traders can fix upon some amount as approximating
to the cost of getting their produce and merchandise to market.
And if, upon examination of the premises, you should find that a
reduction of tolls will not reduce the revenues below an amount to
be expected, even in the most prosperous times, and you should
make sucli reduction, it will certainly ever be remembered with',
gratitude by the people of our State. We are aware that the argu-
ments we use v/ill apply with equal force to other States, and, also-,,
to other modes of transportation besides railroads and canals; and
it may be asked why we do not commence some other place to seek
a remedy for the evils of which we complain. But we must com-
mence somewhere, and we know no State to which we can appeal
with so much hope of having justice done as to the great State of
New York, which has always shown a managem.ent and states-
manship corresponding to her resources and geographical position.
We further pray your honorable body that should you, in looking
over the legislation of the past, find that any article, important in
our trade, and necessary to the comfort of our people, has been
H. J.— 11

162

specially taxed in freights restricted in manufacture, so as to make
it a subject of speculation, or hinder the ready and free exchange
of important commodities between us, that such subjects may re-
ceive the legislation as the exigencies of the times will suggest.
In conclusion we beg leave to congratulate your State upon the
material prospects which has blessed her people, and upon the patri-
otic sacrifices they have made in the present war. We also con-
gratulate them on the noble stand they have taken in favor of the
reserved rights of the States and of the people, who have never
failed to support the State Government in all their rights as the
most competant administration for our domestic concerns, and the
surest bulwarks against "anti-republican tendencies." We are,
with yourselves, the "supporters of the general government in its
whole constitutional vigor," subject to the grants and limitations of
the solemn compact which, for general purposes, constituted it the
agent of the States and the people. So long as such States as yours
battle with equal zeal against anarchy among the members of the
government and the centralized monopoly of power in the hands
of its executive, you have our earnest sympathy, and with such
powerful co-operation we can never dispair of the glorious Union
of our fathers, or believe it is destined to fall a victim to an unholy
rebellion. Be it

Resolved, By the General Assembly of the State of Indiana,
That the following memorial be transmitted by his Excellency, the
Hon. O. P. Morton, the Governor of this State, to his Excellency,
the Hon. Horatio Seymour, Governor of the State of New York,
with the request that he lay the same before the legislature of that
State.

Mr. Harney moved that the resolution be referred to a select
<jfi>mmittee of seven.
Agreed to.

The Speaker appointed Messrs Harney, Holcomb, Cason, Howk,
Griffith, Howard, and Tarkington said committe.

By Mr. Niblack :

Resolved, That the Senate and House of Representatives shall,
upon the passage of this resolution by either house, proceed imme-
diately thereupon to choose three persons to act as commissioners
of the Sinking Fund, and that two persons shall be chosen on the

163

part of the House, and two other persons shall be chosen on the
part of the Senate, to act as directors on the part of the State of
the Bank of the State of Indiana.
Adopted.

JOINT RESOLUTIONS.

Joint resolution No. 16. Instructing our Senators and request-
ing our Representatives in Congress to vote against the admission
of any Congressman who have not been elected according to the
constitution and laws;

Was read the first time, and passed to a second reading.

By i\Ir. Anderson :

Joint resolution No. 17. A joint resolution to increase the pay
of the privates and non-commissioned officers in the armies of the
United States;

Was read the first time, and passed to a second reading.

By Mr. Cason :

Joint resolution No. 18. A joint resolution indorsing and sanc-
tioning the expulsion of Jesse D. Bright from the Senate of the
United States;

Was read a first time, and passed to a second reading. •

By consent of the House, Mr. Kendrick offered the following
resolution, which was adopted :

,' Resolved, That the Committee on the Judiciary be instructed to
inquire and report to this House, by what right the Central Plank
Road Company has erected a toll gate at the east end of White
River bridge, in Indianapolis, and whether the erection of said toll
gate, and the collection of tolls at that point, are not in violation
of the charter of said company, and of the grant made by the
State to said company ; and further, to inquire and report to this
House, what rate of toll may be collected by law, by the said
company; and further, to inquire at what points, or within what
distances from the corporation line of the city of Indianapolis, toll
gates, on said road, may be lawfully erected ; and further, to report
what legislation, if any, may be necessary in the premises.

164

BILLS INTRODUCED.

By Mr. Gregory :

House bill No. 74. An act to authorize the several boards of
county commissioners to purchase ground and erect monuments to
deceased soldiers.

The bill was read the first time, and passed to a second reading.

By Mr. Mutz : -

House bill No. 75. An act to provide for the inspection of
petroleum oils, for illuminating purposes, marking and branding
the same, prescribing penalty for selling without inspection, or for
falsely branding the cask, package, or barrel containing the same,
or for violating any of the provisions of this act; for the appoint-
ment of inspectors and deputies, prescribing their duties and
terms of office, and imposing penalties for inspectors or deputies
trading in any article they are appointed to inspect.

The bill was read the first time, and passed to a second reading,

A message from the Senate, by Mr. Vawter, their Secretary; j

I
i

Mr. Speaker: i

I
I am directed by the Senate, to inform the House of Represent- i

atives, that the Senate has passed the following engrossed joint •

resolution thereof, No. 2, entitled as follows : |

A joint resolution proposing an amendment to the second section
of article second of the Constitution, so that the Legislature may
more effectually guard against fraudulent voting, in which the con-
currence of the House is respectfully requested.

The House proceeded to the election of Commissioners of the
Sinking Fund, and Bank Directors, in pursuance of the resolution
thereof just adopted.

jVIr. Brown iiominated S. P. Mooney, of Jackson county, for a
Commissioner of the Sinking Fund for the long term.

Mr. Higgins nominated William Williams, of Kosciusko countyj
for the same office.

165

Those ivho voted for S. P. Mooney were —

Messrs.

Hanna,

Mason,

Richardson,

Abbett,

Hardin of

Perry, McCaughey,

Rippey,

Bird,

Harney,

Milroy,

Roberts,

Blocher,

Hetfield,

Miller,

Roe,

Brown,

Holcomb,

Morgan,

Ryan,

Burton,

Howard,

Mutz,

Shaffer,

Collins,

Howell,

Niblack,

Shoaff of Jay,

Cook,

Howk,

O'Brien of M.,

Spencer,

Donaldson,

Humphrey

/s,

Osborne,

Veatch,

Ferris,

Kemp of Dubois, Packard,

Waterman,

Garvin,

Lasselle,

Pendleton,

Williams,

Given,

Lee,

Priest,

Wolfe,

Gresfg,

Lemmon

of S.,

Puett,

Mr. Speaker-54.

Hall,

Lenimon

of H.

, Reitz,

Those who voted for

■ William Williams were —

Messrs.

Davis,

Jones,

Noyes,

Abdill,

Forrester,

Kendrick,

O'Brien of H.,

Anderson,

Gregory,

Kilgore,

Perry,

Baker,

Griffith,

Lamb,

Pettibone,

Branham,

Hershey,

Leeds,

Robinson,

Budd,

Higgins,

Marshall,

Stone,

Beyerle,

Hostetter,

Moorman,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,

Cass,

Johnson,

Newman,

Woodruff 36.

Chambers,

The Speaker declared S. P. Mooney elected, on the part of the
House, a Sinking Fund Commissioner, to serve as such for the
term of four years.

Mr. Mutz nominated Dillard Ricketts, of Clarke county, for a
Sinking Fund Commissioner for the long term.

Mr. Moorman nominated John F. Carr, of Jackson county, for
the same office.

Those who voted for Dillard Ricketts ivere —

Messrs. Hall, Lemmon of S., Reitz,

Abbett, Hanna, Mason, Richardson,

166

Bird,

Hardin of Perry,

McCaughey,

Rippey,

Blocher,

Harney,

Miller,

Roberts,

Brown,

Hetfield,

Milroy,

Ryan,

Burton,

Holcomb,

Mutz,

Shaffbr,

Collins,

Howard,

Niblack,

Shoaflfof Jay,

Cook,

Howell,

O'Brien of M.,

Spencer,

DeBruler,

Howk,

Osborne,

Veach,

Donaldson,

Humphries,

Packard,

Waterman,

Ferris,

Kemp of Dubois

, Pendleton,

Williams,

Garvin,

Lasselle,

Priest,

Wolfe, and

Given,

Lee,

Puett,

Mr. Speaker,-5.3.

Gregg,

Lemmon of H-,

Those who voted for John F. Carr were —

Messrs.

Chambers,

Jones,

Noyes,

Abdill,

Davis,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Bran ham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk,and

Cass,

Johnson,

Newman,

Woodruff;— 39.

The Speaker declared Mr. Ricketts elected, on the part of the
House, a Commissioner of the Sinking Fund, to serve as such for
the term of four years. ^ .

Mr. Moorman nominated Jefferson Helm, of Rush county, for a
Commissioner of the Sinking Fund for the short term.

Mr. Packard nominated Parmenter M. Parks, of Morgan county,
for the same office.

Those ivho voted for Jefferson Helm were —

Messrs.

Davis,

Kendrick,

O'Brien of H.,

Abdill,

Forrester,

Kilgore,

Perry,

Anderson,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone,

167

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirkand

Cass,

Johnson,

Newman,

Woodruff,— 38.

Chambers,

Jones,

Noyes,

Those loho voted for Parmenter M. Parks ivere-

Messrs.

Hall,

Lemmon of S.,

Rietz,

Abbett,

Hanna,

Mason,

Richardson,

Bird,

Hardin of Perry,

1 McCaughey,

Rippey,

Blocher,

Harney,

Miller,

Roberts,

.Brown,

Hetfield,

Milroy,

Ryan,

Burton,

Holcomb,

Mutz,

Shaffer,

Collins,

Howard,

Niblack,

Shoaffof Jay,

Cook,

Howell,

O'Brien of M.,

Spencer,

DeBruler,

Howk,

Osborne,

Veatch,

Donaldson,

Humphries,

Packard,

Waterman,

Ferris,

Kemp of Dubois

;, Pendleton,

Williams,

Garvin,

Lasselle,

Priest,

Wolfe, and

Given,

Lee,

Puett,

Mr. Speaker,-53.

Gregg,

Lemmon of H.,

The Speaker declared Mr. Parks elected, on the part of the
House, a Sinking Fund Commissioner, to serve as such for the
term of two years.

The House proceeded to the election of two Directors of the
Bank of the State of Indiana, on the part of the State.

Mr. Harney nominated Samuel C. Wilson, of Montgomery
county, for a Director of the Bank of the State of State of Indi-
ana.

Mr. Jones nominated James Moorman, of Randolph county, for
the same office.

Those who voted for Samuel C. Wilson ivere-

Messrs. Hall,

Abbett, Hanna, Mason,

Bird, Hardin of Perry, McCaughey,

Blocher, Plarney, Miller,

Brown, Hetfield, » Milroy,

Burton, Holcomb, Mutz,

Lemmon of S., Reitz,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

168

Cason,

Howard,

Niblack,

Shoaff of Jay,

Collins,

Howell,

O'Brien of M.,

Spencer,

Cook,

Howk,

Osborne,

Veach,

Donaldson,

Humphreys,

Packard,

Waterman,

Ferris,

Kemp of Dubois

, Pendleton,

Williams,

Garvin,

Lasselle,

Priest,

Wolfe, and

Given,

Lee,

Puett,

Mr. Speaker.-53.

Gregg,

Lemmon of H.

Those loho voted for James Moorman icere

— ■ -

Messrs.

De Bruler,

Kendrick,

Noyes,

Abdill,

Forrester,

Kilgore,

O'Brien of H.,

Anderson,

Gregory,

Lamb,

Perry,

Baker,

Griffith,

Leeds,

Pettibone,

Bran ham.

Hershey,

Marshall,

Robinson,

Budd,

Higgins,

Moorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cass,

James,

Mustard,

YanBuskirk,and

Chambers,

Johnson,

Newman,

Woodruff— 37.

Davis,

Jones,

The Speaker declared Mr. Wilson elected, on the part of the
House, a Director of the Bank of the State, to serve as such for
the term prescribed by law.

Mr. Planna nominated Andrew Humphreys, of Green county,
for a Director of the Bank of the State.

Mr. Anderson nominated John B. Niles, of Laporte county, for
the same office.

Those who voted for Mr. Andreiv Ilmnphreys ivere-

Messrs.

Abbett,

Bird,

Blocher,

Brown,

Burton,

Collins,

Cook,

De Bruler,

Donaldson,

Hall, Lemmon of S.

Hanna, Mason,

Hardin of Perry, McCaughey,

Harney,

Hetfield,

Holcomb,

Howard,

Howell,

Howk,

Humphreys,

Milroy,

Miller,

Mutz,

Niblack,

O'Brien of M.

Osborn,

Packard,

Reitz,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaff of Jay,

Spencer,

Veach,

Waterman,

Ferris,
Gavrin,
Given,
Gregg,

169

Kemp of Dubois, Pendleton,
Lasselle, Priest,

Lee, Puett,

Lemmon of H.,

Williams,

Wolfe,

Mr. Speaker-53.

Those who voted fa?' Mr. John B. Niles vjere—

Messrs.

Davis,

Kendrick,

Noyes,

Anderson,

Forrester,

Kilgore,

O'Brien of IL,

Baker,

Gregory,

Lamb,

Perry,

Branham,

Griffith,

Leeds,

Pettibone,

Budd,

Hershey,

Marshall,

Eobinson,

Bey e lie,

Higgins,

^Moorman,

Stone,

Cason,

Hosretter,

JMorgan,

Tarkington,

Cass,

Johnson,

Mustard,

WoodrufI— 34

Chambers,

Jones,

Newman,

The Speaker declared Mr. Humphreys elected, on the part of
the House, a Director of the Bank of the State, for the term pre-
scribed by law.

On motion,
The House adjourned till 2 o'clock, P. M.

2 o'clock, p. M.

House met.

BILLS INTRODUCED.

By Mr. Mason :

House bill No. 76. A bill to compel railroads, as common carri-
ers, to carry freight.

The bill was read the first time, and passed to a second reading.

By Mr. Cxriffith :

House bill No. 77. A bill erecting the Sixteenth Judicial Circuit,
providing for a Judge thereof, making all process returnable thereto,

170

fixing the commencement and length of terms of Courts, and at-
taching the county of Huntington to the Tenth Judicial Circuit.
The bill was read the first time, and passed to a second reading.

By Mr. McCaughey:

House bill No. 78. An act to enable the owners of wet lands to
drain and reclaim them where the same can not be done without
affecting the lands of others.

The bill was read the first time, and passed to a second reading.

By jMr. Leeds :

House bill No. 79. An act to prohibit Clerks of the Circuit
Courts and Common Pleas, and their deputies, from practicing law
in any of the Courts of which they are Clerks, &c.

The bill was read the first time, and passed to a second reading.

By Mr. Ferris:

House bill No. 80. An act to exempt vendors of real and per-
sonal property, sold and transferred on the first day of the year,
from assessment for taxation, or liability to the payment of taxes
on the same.

The bill was read the first time, and passed to a second reading.

By Mr. Brown :

House bill No. 81. An act to amend the first section of an act
entitled " An act to organize a Supreme Court, and prescribing cer-
tain duties of the Judges thereof," approved May 13, 1852, and to
district the State for the purpose of electing five Judges of the
Supreme Court.

The bill was read the first time, and passed to a second reading.

By Mr. Spencer:

House bill No. 82. An act to amend the first section of an act
to amend an act entitled an act to amend the sixth section of an
act providing for the organization of county boards, and prescrib-
ing some of their powers and duties, which first above mentioned
act was approved June 17, 1852; that said second mentioned act
was approved February 16, 1859, which said last mentioned act
was approved March 9, 1861.

The bill was read the first time, and passed to a second reading.

171

By Mr. Higgins:

House bill No. 83. An act to amend the twenty-first section of
an act prescribing the duties of Justices of the Peace in State pros-
ecutions, and to enable Justices to obtain mileage in making returns,
approved March 1, 1855, and prescribing a penalty for neglecting to
perform the duties therein required.

The bill was read the first time, and passed to a second reading.

By Mr. Miller:

House bill Xo. 84. An act entitled an act to repeal the eighteenth
section of an act entitled an act regulating descents and apportion-
ment of estates.

The bill was read the first time, and passed to a second reading.

By Mr. Ferris :

House bill No. 85. An act to amend an act entitled an act to
regulate and license the sale of spirituous, vinous, malt, and other
intoxicating liquors ; to prohibit the adulteration of liquors ; to re-
peal all former laws contravening the provisions of this act, and
prescribing penalties for violations thereof, approved March 5, 1859,
and to repeal section fourteen of said act.

The bill was read the first time, and passed to a second reading.

ORDERS OF THE DAY.

The House took up messages from the Senate.

The concurrent resolution of the Senate, tendering the thanks of
the General Assembly to General Rosecrans, and the army under
his command,

Was, on motion of Mr. Holcomb, concurred in by the House.

The concurrent resolution of the Senate, tendering the thanks of
the General Assembly to Governor Oliver P. Morton, for his care
of the sick soldiers of Indiana.

Mr. Brown moved to amend as follows : — Strike out the word
" that" and insert the word " whatever."

Mr. Perry moved to lay the amendment on the table.

Messrs. Lamb and Woodruff demanded the ayes and noes.

172

Those ifho voted in the affirmative were-

Messrs.

Garvin,

Jones,

O'Brien of H.,

Anderson,

Gregg,

Kilgore,

O'Brien of M.,

Atkison,

Gregory,

Lamb,

Osborn,

Baker,

Griffith,

Lasselle,

Perry,

Budd,

Hall,

Leeds,

Pettibone,

Beyerle,

Hardin of Perry

, Lemmon of H.

Robinson,

Cason,

Hershey,

Marshall,

Shoaff of Jay,

Cass,

Higgins,

Mason,

Stone,

Cliarnbers,

Hostetter,

Moorman,

Tarkington,

Cook,

Howard,

Morgan,

Van Buskirk,

Davis,

Howk,

Mustard,

Wolfe,

De B ruler.

James,

Newman,

Woodruff and

Ferris,

Johnson,

Noyes,

Mr. Speaker-52

Forrester,

Those ivho voted in the negative were —

Messrs. Hetfield, Milroy, Rippey,

Abbett, Holcomb, Mutz, Ryan,

Bloeher, Howell, Packard, Sha'ffisr,

Brown, Humphreys, Pendleton, Spencer,

Donaldson, Lemmon of S., Priest, Veach,

Given, McGauchey, Reitz, Waterman,

Hanna, Miller, Richardson, Williams —
Harney,

28.

So the amendment lay upon the table.

Mr. Holcomb moved that the resolution be referred to a select
committee of five.

Messrs, Griffith and Leeds demanded the ayes and noes.

Those loho voted in the affirmative were-

Messrs.

Abbett,

Bloeher,

Brown,

Collins,

Cook,

Hardin of Perry, McCaughey,
Harney, Miller,

Hetfield, Milroy,

Holcomb, Mutz,

Howard, Osborne,

Howell, Packard,

Rippey,

Roberts,

Ryan,

Shaffbr,

Spencer,

Veatch,

173

Donaldson, Ilowk, Pendleton,

Ferris, Humphreys, Priet;t,

Given, Lasselle, Reitz,

Hall, Lemmon of S., Richardson,

Hanna, Mason,

Those ivho voted in the nes:alive vjere —

Waterman,
Williams,
Wolfe and
Mr. Speaker-41.

Messrs.

Forrester,

Jones,

Noyes,

Anderson,

Garvin,

Kilgore,

O'Brien of H.,

Atkison,

Gregg,

Lamb,

Perry,

Baker,

Gregory,

Leeds,

Pettibone,

Budd,

Griffith,

Leminon of H.,

Robinson,

Beyerle,

Hershey,

Marshall,

Shoafl" of Jay,

Cason,

Higgins,

Moorman,

Stone,

Cass,

Hostetter,

Morgan,

Tarkington,

Chambers,

James,

Mustard,

Van Buskirk and

Davis,

Jolmson,

Newman,

Woodruff— 40.

De Bruler,

So the resolution was referred to a select committee.

The Speaker appointed Messrs. Holeomb, Tarkington, Hanna'
O'Brien of Hamilton, and Spencer, said committee.

Mr. Holeomb, by consent of the House, offered the following
resolution, which was adopted.

Resolved, That the Clerk inform the Senate, that in pursuance
of a concurring resolution of both Houses, the House of Represent-
atives has, by a vive voce vote, elected separately, Andrew Hum-
phreys, of the county of Greene, and Samuel C. Wilson, of the
county of Montgomery, on the part of the House, as bank directors
for the Bank of the State of Indiana.

Joint resolution, of the Senate, No. 2. In reference to the pre-
vention of fraudulent voting, being under consideration, was read
and passed to a second reading.

Senate bill No. 6. A bill ceeding to tlie United States of America,
jurisdiction over certain lands and their appurtenances, in the
county of Marion, and reserving the right to serve process thereon,
and exempting the same from taxation ;

Was read and passed to a second reading.

174

Joint resolution, of the Senate, No. 1. Was read and passed to
second reading.

A message from the Senate, by Mr. Vawter, their Secretary.

Mr. Speaker :

I am dh-ected by the Senate, to inform the House of the adoption
of the following resolution :

Resolved, That the Secretary inform the House that, in pursuance
of a concurring resolution of both Houses, the Senate has, by a
vive voce vote, elected separately, Samuel P. Mooney, of the county
of Jackson, and Dillard Ricketts, of the county of Clark, to serve
for four years, and Parmenter M. Parks, of the County of Morgan,
to serve for the term of two years, as Sinking Fund Commissioners.
Ransom W. Akin and Addison L. Roache. on the part of the State,
" Bank Directors" for the " Bank of the State of Indiana," to serve
as such during the time prescribed by law. In the election of the
latter named gentlemen, the concurrence of the House is respect-
fully requested.

Mr. Holcomb moved that the House concur in the election of
the Senate.

Those who voted in the affirmative were —

Messrs.

Griffith,

Lee,

Priest,

Abbett,

Hall,

Lemmon of H.,

Reitz,

Atkison,

Hanna,

Lemmon of S.,

Richardson,

Blocher,

Hardin of Perry,

, Marshall,

Rippey,

Brown,

Harney,

McCaughey,

Roberts,

Beyerie,

Hetfield,

Miller,

Robinson,

Cass,

Higgins,

Milroy,

Ryan,

Chambers,

Holcomb,

Moorman,

Shaffer,

Collins,

Howard,

Morgan,

Shoaff of Jay,

Cook,

Howell,

Mustard,

Spencer,

Davis,

Howk,

Mutz,

Tarkington,

Donaldson,

Humphreys,

O'Brien of H.,

Veach,

Ferris,

Johnson,

O'Brien of M.,

"Waterman,

Forrester,

Kilgore,

Osborn,

Williams,

Garvin,

Lamb,

Packard,

Wolfe, and

Given,

Lasselle,

Pendleton,

Mr. Speaker-66.

Gregg,

Leeds,

Perry,

175

Those who voted in the

negative ivere —

Messrs.

Gregory,

Jones,

Stone,

Anderson,

Hershey,

Newman,

VanBuskirk,and

Baker,

Hostetter,

Pettibone,

Woodruff— 13.

Budd,

James,

So the House concuiTed in the elections of the Senate.

BILLS ON THEIR SECOND READING.

House bill No. 36. An act to provide for a registry of voters,
and to declare their residence, and to punish fraudulent practices
touching elections;

Was read a second time, and referred to the Committee on
Elections.

House bill No. 37. An act to amend the twenty-third section of
an act entitled an act for the relief of the Indiana University, and
to increase and extend its benefits by providing for the sale of the
lands granted by the United States for the use of the said Universi-
ty, regulating the application of the proceeds of the sales thereof
and prescribing the duties of the officers therein mentioned in rela-
tion thereto;

Was read the second time, and referred to the Committee on
Trust Funds.

House bill No. 38. An act to protect live stock along the line
of rail roads in this State, and prescribing the punishment of cer-
tain persons therein named.

Was read the second time and referred to the Committee on
Rail Roads.

Leave of absence was granted to Messrs. Pettibone, Burton,
Spencer, Stone, Moorman, Kilgore, Atkison and Cass, until Mon-
day next.

Mr. Harney, by consent of the House, presented a memorial from
Nathaniel F. Cunningham, which was referred to the Committee
on Claims.

House bill No. 39. An act to amend " An act defininsr misde-

176

raeanors and prescribing punishment therefor," approved June 14,
1852;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill Xo. 40. An act to repeal section two of an act enti-
tled " An act TO amend section eleven of an act entitled an act to
establish Courts of Common Pleas, and defining the jurisdiction
and duties of, and providing compensation for the Judges thereof,"
approved May 14, 1852, so as to extend the jurisdiction of said
court in certain cases;

Was read the second time and referred to the Committee on the
Judiciary.

House bill No. 41. An act providing for the more effectual en-
forcement of the thirteenth article of the State Constitution, defin-
ing what shall be contempt therefor, and declaring such contempt,
in certain cases, to be a felony, and providing punishment therefor;

Was read the second time, and on motion, was referred to the
Select Committee on the enforcement of the thirteenth article of
the constitution.

House bill No. 42. An act to enforce the thirteenth article of
the Constitution of the State of Indiana;

Was read the second time, and referred to the Select Committee
for the enforcement of the thirteenth article of the constitution.

House bill No. 43. A bill to secure the rights of married women
in real estate, sold upon execution ;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 44. An act to amend the sixth section of an act
to fix the times of holding the Common Pleas' Courts in the several
counties of this State ; the duration of the terms thereof, and mak-
ing all process from the present Common Pleas' Courts returnable
to such terms, and declaring when this act shall take efibct, and
repealing all laws inconsistant therewith, approved March 5, 1859 ;

Was read the second time, and referred to the Committee on the
Organization of Courts of Justice.

On motion.

The House adjourned until to-morrow morning at 9 o'clock.

177

SATURDAY, 9 o'clock, A. M.,
January 24, 1863.

House met.

On motion of j\ir. Roberts,

The reading of the Journal of yesterday was dispensed with.

Mr. Howk, Chairman of the Committee on the Judiciary, made
the following report ; '

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 31, an act authorizing the issuing of
attachments for violations of injunctions and temporary restraining
orders, to report that they have had the same under consideration,
and report the same back to the House, and recommend its pas-
sage.

The report was concurred in, and the bill ordered to be engrossed.

Mr. Howk, from the same committee, made the following report:
Me. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 2, an act creating the Sixteenth Judi-
cial Circuit, and prescribing the times of holding Courts, and the
election of judge and prosecuting attorney therein, with instruc-
tions to inquire into the constitutionality of the third and fourth
sections of the same, to report that they have had the same under
consideration, and that they are of the opinion that said third audi
fourth sections of said bill are unconstitutional; and as another.-
bill for the same purpose is now before the House, the committee
recommend that this bill be laid on the table.

Mr. McCaughey moved that the bill and report of the J'jdiciary
Committee be referred to the Committee on the Organizatio-n of
Courts. . ' ■

Agreed to.

The Committee on the Judiciary, by Mr. Howk, their Chairman,
made the following report:
H. J.— 12

178

Mr. Speaker :

I am instructed by the Judiciary Committee, to whom was re-
ferred the following resolution, to-wit :

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of so amending the collection laws so
as to give Justices of the Peace exclusive original jurisdiction in
all suits founded on contract or tort, where the debt or damages
claimed does not exceed twenty dollars, and that the parties litigant
have no right of appeal where the judgment obtained does not ex-
ceed ten dollars ;

To report that they have had the same under consideration, and
that they deem further legislation on the subject inexpedient.

The report was concurred in.

The Committee on the Judiciary made the following report:
Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred a resolution instructing them to inquire into the expediency
of reporting a bill so amending the election laws of this State as to
confer upon the volunteers now in the service of the United States
the right of voting for State and county officers at all elections
held therefor ;

To respectfully report that they have had the same under con-
sideration, and that they are of the opinion that such a law would
be unconstitutional.

Concurred in. :

The Committee on the Judiciary made the following report :
-Mr. Speaker:

I ■iJXi instructed by the Judiciary Committee, to whom was re-
ferred the following resolution, to-wit:

Resolved, That the Judiciary Committee be instructed to inquire
linto the expediency of collecting costs oft' of the complainant in
• criminal prosecutions, when it is evident that the complaint was
.made through malice or spite, and in the absence of conviction,
spite or malice, that the State pay the costs, and that they report
, by bill,. or otherwise;

179

To respectfully report that they have had the same under con-
sideration, and that they deem further legislation on the subject
inexpedient.

The report was concurred in.

, The Committee on Engrossed Bills, by Mr. Lasselle, their
Chairman :

Mr. Speaker: ' ■

The Committee on Engrossed Bills have carefully examined and
compared engrossed House bill No. 18, with the original bill, and
find that the same has, in all respects, been accurately and correctly
engrossed.

Concurred in.

RESOLUTIONS OF THE HOUSE.

By Mr. Howk :

Resolved, That the Doorkeeper be instructed to furnish the Com-
mittee on the Judiciary with one copy of Gavin & Hord's Statutes
of Indiana, and one copy of the Session Acts of 1860 and 1861, for
use in the committee rooms.

Adopted.

By Mr. Jones :

Resolved. That the Committee on Roads be requested to inquire
into the expediency of so amending the 25th section of an act
authorizing the construction of plank, McAdamized, and gravel
roads, approved May 12th, 1852, so that the stockholders, instead
of the Directors, be made individually responsible for the debts of
the company, and so as to enable a majority of the Stockholders to
levy a tax on the joint stock of the company for the purpose of
making all necessary repairs, and report by bill, or otherwise.

Adopted.

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of making a provision by law lor some
compensation to Justices of the Peace, for services rendered by them
in criminal cases when the defendant is acquitted, or if convicted,
when he is wholly unable -to pay costs; also into the expediency of

180

making some provision for compensation to Constables in similar
cases, and that said committee report by bill, or otherwise.
Adopted.

By Mr. Richardson:

Resolved, That the Committee on the Judiciary be requested to
inquire whether any legislation can be had making rolling stock of
railroads liable to attachment for cattle, and other live stock, killed
by trains along railroad lines, and report by bill, or otherwise, at
their earliest convenience.

Adopted.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House of Representa-
tives that the Senate has passed Senate bill No. 10, entitled as
follows: .

A bill to amend section nine of an act of amendment, approved
March 9, 1861, of an act approved February 12, 1855, amending
section second of an act concerning the organization of voluntary
associations, and repealing former laws in reference thereto;

In which the concurrence of the House is respectfully requested.

By Mr. Harney:

Whereas, The Governor's message and accompanying docu-
ments are not in the possession of this House :

And Whereas, They have been communicated to the Senate,
and have been by that body ordered to be printed.

Resolved, That tlie Clerk of the House be ordered to have
printed^ for the use of this House, one thousand copies each of the
documents which accompanied the Governor's message to the
Senate.

Adopted;

By Mr. Roberts :

Resolved, That the Adjutant General be requested to lay before

181

the House, at the earliest day practicable, a statement showing —

1st. The number of companies in each county, organized un-
der the military law of the State, that are entitled to compensation
by reason of their having been engaged, by order of the Governor,
in active military duty during the years 1861 and 1862, in protect-
ing the southern border from invasion.

2d. The names of the commissioned and non-commissioned
officers (giving their rank,) belonging to each of said companies.

3d. The number of men in each of said companies.

4th. Tl)e length of time each of said companies were on active
duty.

Adopted.

Mr. Kendrick offered joint resolution No. 19,

Wiiich was read the first time, and passed to a second reading.

. BILLS INTRODUCED.

By IVIr. Niblack : .

House bill No. 86. A bill to provide for the publication of no-
tice of the pendency of a civil action as against persons wdiose
residence is unknown.

The bill was read, and passed to a second reading.

By Mr. Newman:

House bill No. 87. A bill defining what shall constitute an as-
sault, and prescribing the punishment therefor;
Was read and passed to a second reading.

By Mr. Milroy:

House bill No. 88. A bill to amend the fifth section of an act
entitled "an act to prevent the issuing and circulation of unauthor-
ized paper currency, and prescribing penalties for the issuing or
failure to redeem any such currency, and to punish the putting
away of broken bank notes or notes of banks which have sus-
pended specie payment;"

Was read the first time.

Mr. Milroy moved that the rule be suspended, and that the bill
be read a second time now.

182

The question being on the suspension of the rules,
Those who voted in the affirmative were —

Messrs.

Given,

Kemp of D.,

Priest,

Anderson,

Griffith,

Lamb,

Richardson,

Baker,

Hall,

I^emmon of S.,

Ryan,

Blocher,

Hetfield,

Marshall,

Shaffer,

Brown,

Higgins,

Mason,

Tarkington,

Budd,

Holcomb,

Milroy,

Van Buskirk,

Beyerle,

Howell,

Mutz,

Veach,

Chambers,

Howk,

Niblack,

Waterman,

Collins,

Humphreys,

Osborne,

Williams,

Cook,

Johnson,

Packard,

Woodrufl',

De Bruler,

Jones,

Pendleton,

Mr. Speaker-44,

Ferris,

Those %vho voted in the neg-ative were —

Messrs.

Hanna,

Lasselle,

O'Brien of H.,

Abbett,

Hardin, of P.,

Leeds,

O'Brien of M.,

Cason,

Hers hey.

Lemmon of H.

, Perry,

Davis,

Harney,

McCaughey,

Reitz,

Donaldson,

Hostetter,

Morgan,

Rippey,

Forrester,

Howard,

Mustard,

Robinson,

Garvin,

James,

Newman,

Shoaff of Jay,

Gregg,

Kendrick,

Noyes,

Wolfe— 33.

Gregory,

Kilgore,

So the rulp was not suspended, and the bill passed to a second
reading.

By Mr. Hershey: .

House bill No. 89. An act to amend the twentieth section of
an act entitled an act providing for the election and appointment
of supervisors of highways.

Which was read, and passed to a second reading.

By Mr. Lamb : '

House bill No. 90. An act to authorize persons owning real es-
tate situate in counties in which they do not reside, to pay the
taxes levied on such real estate to the Treasurer of State.

183
^Was read, and passed to a second reading. .

By Mr. Given :

House bill No. 91. An act to provide compensation to the own-
ers of animals killed or injured by the cars, locomotives, or other
carriages of any railroad company in this State, and to enforce the
collection of judgments rendered on account of the same, and to
repeal all laws inconsistent therewith ;

Was read the first time, and passed to a second reading.

By Mr. Hardin of Perry: ,

House bill No. 92. An act in relation to the collection of delin-
quent taxes by county treasurers ;

Was read, and passed to a second reading.

The Speaker laid before the House a communication from the
Governor in reference to (he amount of money received from per-
sons conscientiously opposed to bearing arms.

Mr. Brown moved to refer the communication to the Committee
on the Judiciary, with instructions to report the necessary legisla-
tion.

Agreed to.

Mr. Packard, by the consent of the House, offered the following
resolution :

Resolved, That the name of Mr. Higgins, of La Porte county,
be added to the Committee on the Affairs of the State Prison
North.

Adopted.

Mr. Higgins, by consent of the House, offered ■ ,

Joint resolution No. 20. A joint resolution insturcting our'
Senators, and requesting our Representatives in Congress, to en-
deavor to procure an appropriation for the improvement of the
harbor at Michigan City.

Which was read the first time, and passed to a second reading.

ORDERS OF THE DAY.

On motion of Mr. Anderson, the House took up the resolution
in relation to the Brevier Legislative Reports.

184

Mr. GrifRth moved that the further consideration of the resolu-
tion be deferred till Tuesday next, at nine o'clock, A. M., and made
the special order for that hour.

Agreed to.

Mr. Higgins moved that a Select Committee of five be appointed
to ascertain the cost of said reports, and that they report on Mon-
day next.

Agreed to. -

The Speaker appointed Messrs. Higgins, Packard, Griffith, Wa-
terman and Anderson, said committee.

Mr. Waterman offered the following as instructions to the com-
mittee, which were adopted : ..

Amend, so as to require that all bills of the House, which are
ordered to be engrossed, be printed in full, and placed on the desks
of members by the door-keeper, as soon as possible after the order
for engrossment.

Senate bill No. 10. A bill to amend section nine of an " Act
of amendment, approved March 9, 1861, of an act, approved Feb-
ruary 12, 1855, amending section second of an act concerning the
organization of voluntary associations, and repealing former laws
in reference thereto ;

Was read the first time, and passed to a second reading.

HOUSE BILLS ON SECOND READING.

House bill No. 45. An act in relation to the contracts of land-
lords and tenants, and those holding under them ;

Was read the second time, and refeiTed to the Committee on the
Rights and Privileges of the Inhabitants of the State.

House bill No. 46. An act to repeal the eighteenth section of
an act entitled an act regulating descents and the appointment of
estates, approved May 14, 1852;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 47. A bill to legalize the acts of certain civil
officers in this State, who have entered the military service of the

185

United States, and whose duties have been discharged by deputies
during their absence.

Referred to the Committee on the Judiciary.

House bill No. 48. An act to prohibit Judges of the Common
Pleas' Courts of this State, from practicing as attorneys in any of
the inferior courts within their districts respectively.

Referred to the Committee on the Judiciary.

House bill No. 49. A bill to amend the fourth and sixth sections
of an act entitled an act prescribing the powers and duties of
Coroners, approved May 27, 1852.

Referred to the Committee on County and Township Business.

House bill No. 50. A bill requiring rail road companies in the
State of Indiana, to keep on hand, and furnish, on reasonable
notice being given by persons offering to ship live stock or other
freights over their rail roads, or to or from any station or place of
shipment thereon, a sufficient number of locomotives, freight cars,
and other rolling stock, to transport such freights, without delay,
and making companies, failing to furnish transportation, liable for
damages resulting from such failure.

Referred to the Committee on Corporations.

House bill No. 51. An act amendatory of the first section of an
act entitled an act to exempt property from sale in certain cases.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of the State.

House bill No. 52. A bill to amend the law in relation to mar-
riages, and authorize County Recorders to issue licenses therefor.
Referred to the Committee on Fees and Salaries.

Mr. Lamb moved to instruct the committee to inquire into the
propriety of reporting an additional section providing for the trans-
fer of marriage records from the Clerk's office to the Recorder's
office.

Agreed to.

Mr. O'Brien of Hamilton, moved to further instruct the commit-
tee to inquire into the expediency of reporting a section authorizing
the Recorder to administer the necessary oaths.

Agreed to.

186

I\Ir. O'Brien of Hamilton, by consent of the House, offered the
following :

Resolved, That when this House adjourns, it shall adjourn until
Monday next, at 10 o'clock A. M.
Adopted.

House bill No. 53. A bill requiring all corporations formed, or
which may hereafter be formed, for the purpose of constructing,
owning, controling, or operating a railroad in the State, to elect
three-fourths of the members of their boards of directors from
stockholders residents in the State, and offering certain penalties
for non-compliance with the provisions of this act.

Referred to tlie Committee on Corporations.

House bill No. 54. An act to authorize county treasurers to
offer lands, delinquent for taxes, for sale at the audior's office.
Referred to the Committee on the Judiciary.

House bill No. 55. A bill to amend section 1 of an act to ex-
empt property from sale in certain cases, approved Feb. 17, 1852.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of the State.

House bill No. 56. An act to provide that road tax shall be
worked out before the first day of August, in each year.
Referred to the Committee on Roads.

House bill No. 57. An act to provide that the value of United
States Government stamp duties required and used on original
process, certificates, bonds, appraisements, deeds of conveyance by
sheriff, and on other instruments, shall, in all actions, be taxed and
collected as other costs in said action.

Referred to th(; Committee on the Judiciary.

House bill No. 58. A bill to amend section 80 of the Practice
Act of the Revised Code of 1852.

Referred to the committee on the Judiciary.

House bill No. 59. An act to empower sheriffs to offer lands,

187

and other property for sale on execution, at the door of the clerk's
office.

Referred to the Committee on the Judiciary.

House bill No. 60. A bill to amend sections 3, 5, 7, and 9, of
an act entitled an act to enforce the 13th article of the Constitu-
tion, approved June 18, 1852.

Referred to th'.- Committee on the enforcement of the 13th arti-
cle of the Constitution.

By consent of the House, Mr. Miller introduced —

House bill No. 93. An act to accept the provisions of an act of
Congress entitled, " An act donating public lands to the several
States and territories which may provide colleges for the benefit of
agriculture and the mechanic arts," approved July 2, 1862, to assent
to the conditions contained in said act, and to appoint a commis-
sioner on the part of the State to receive the land scrip under the
grant, and to provide for the sale of such land scrip.

Which was read the first time, and passed to a second reading.

Messrs. Hanna, Miller, and Howard obtained leave of absence.
The House adjourned until 10 o'clock on Monday next.

MONDAY, 10 o'clock, a. m., }
January 26, 1863. j

The House met.

On motion of Mr. Niblack,

The House suspended the order of business and took up biUs on
their second reading.

House bill No. 61. An act to amend section 33 of an act enti-
tled " An act to provide for the valuation and 'assessment of the
real and personal property, and the collection of taxes in the State

188

of Indiana, for the election of township assessors, and j^wescribing
the duties of assessors, appraisers of real property, treasurers and
auditors, and of the Treasurer and Auditor of State;

Was read the second time, and referred to the Committee of
Ways and Means.

House bill Xo. 62. An act repealing section 28, of chapter 6,
of the act defining felonies, and prescribing punishment therefor,
ap[)ioved June 10. 1852, and defining the crime of arson, and pre-
sciil)ing punishment therefor, and punishment for any injury to any
person resulting from arson;

Was read the second time and referred to the Committee on the
Judiciary.

House bill No. 63. An act providing for the taxing of dogs,
and for the payment of damages sustained in the maiming or kill-
ing of sheep by dogs, and providing penalties for the violation of j
any of the provisions of said act, by officers and others, and also I
repealing an act to license dogs, approved March 11, 1861;

Was read the second time.

i
Mr. Cass offered the following amendment : [

Amend by striking out the word " otherwise," in the sixth line i
of the first section, and insert the word "affirmation" in lieu
thereof.

The bill and amendment were referred to the Committee on
Agriculture.

House bill No. 64. A bill to amend section seventeen of an act
entitled an -'act regulating descents, and the apportionment of
estates," approved May 14, 1852 ;

Was read the second time, and referred to the Committee on
the Judiciary.

House bill No. 65. An act for the relief of Alpheus C. Stanton;
Was read the second time, and referred to the Committee on
Claims.

House bill No. 66. An act to amend the act entitled "an act to
incorporate the Wabash Navigation Company," approved January
13, 1846, and to authorize the said company to raise money when
necessary, to make repairs on their works ;

189

"Was read the second time, and referred to the Committee on
Corporations.

House bill No. 67. An act to amend an act entitled an act rcgu
lating the interest, regulating money, 6cc.;
Was read the second time.

Mr. Wolfe ofTered the following amendment:

Amend by inserting in the recital the title section five for section
four.

The bill and amendment were referred to the Committee on the
Judiciary.

House bill No. 68. An act entitled "an act to amend the twenty-
second section of an act entitled 'an act defining misdiuTieanors,
and prescribing punishmenttherefor;* "

Was read the second time, and referred to the Committee on
the Judiciary.

House bill No. 69. An act regulating the duties of the State
Librarian ;

Was read the second time, and referred to the Joint Committee
on the Library.

House bill No. 70. A bill to amend section six of an act enti-
tled an act regulating the granting of divorces, nullification of mar-
riages, and decrees and orders of courts thereto, approved May 13,
1852;

Was read the second time, and referred to the Committee on the
Organization of Courts.

House bill No. 71. An act to amend section one hundred and
thirty-seven of an act entitled "an act to provide for the valuation
and assessment of the real and personal property, and the collec-
tion of taxes in the State of Indiana; for the election of township
assessors, and prescribing the duties of assessors and appraisers of
real property, county treasurers and auditors, and of the Treasurer
and Auditor of State," approved June 21, 1852;

Was read the second time, and referred to the Committee of
Ways and Means.

House bill No. 72. An act to amend an act entitled "an act

190

defining misdemeanors aiid prescribing punishment therefor," ap-
proved June 14, 1852 ;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 73. A bill to repeal an act to ascertain the
amount of the fees and salaries of certain officers, and to provide
punishments for a violation of its provisions ;

Was read the second time, and referred to the Committee on
Fees and Salaries.

House bill No. 74. An act to authorize the several boards of
county commissioners to purchase ground and erect monuments to
deceased soldiers ;

Was read the second time.

Mr. Packard offered the following amendment:

Amend by adding after the last word in section one the follow-
ing: "And the wicked and designing Abolitionists of the North."

Mr. Tarkington offered the following:

Amend by striking out of section one the following words, to-
wit : " Brought on the country by the corrupt rebel leaders of the
South." And that the amendment offered by Mr. Packard lie on
the table.

The bill and amendments were referred to the Committee on
Military Affairs.

House bill No. 75. An act to provide for the inspection of pe-
troleum oils for illuminating purposes, making and branding the
same; prescribing penalty for selling without inspection, or for
falsely branding the cask, package, or barrel containing the same,
or for violating any of the provisions of this act; for the appoint-
ment of inspectors and deputies, prescribing duties and terms of
office, and imposing penalties for inspectors or deputies trading in
any article they are appointed to ins])ect ;

Was read the second time, and referred to the Committee on the
Judiciary.

On motion of Mr. Packard,
The communication from the Governor in reference to the Mill-

191

tarv Contingent Fund was taken from the table, and one thousand
copies ordered to be printed for the use of the House.

House bill No. 76. A bill to compel railroads as common car-
riers to carry freight;

Was read the second time, and referred to the Committee on
Railroads.

House bill No. 77. A bill erecting the Sixteenth Judicial Cir-
cuit, providing for a judge thereof ; making all process returnable
thereto ; fixing the commencement and length of terms of Courts ;
and attaching the county of Huntington to the Tenth Judicial
Circuit ;

Was read the second time, and referred to a select committee of
seven.

The Speaker appointed Messrs. Griffith, Bird, Beyerle, Collins,
Noyes, Rippey, and McCaughey said committee.

House bill No. 78. An act to enable the owners of wet lands
to drain and reclaim them, where the same can not be done with-
out afiecting the lands of others ;

Was read the second time, and referred to the Committee on
County and Township Business.

House bill No. 79. An act to prohibit clerks of the Circuit
Court and the Courts of Common Pleas, and their deputies, from
practicing law in any of the Courts of which they are clerks, &c. ;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 80. An act to exempt vendors of real and per-
sonal property, sold and transferred on the first day of the year,
from assessment for taxation or liability to the payment of taxes
on the same ;

Was read the second time, and referred to the Committee on
the Judiciary.

House bill No. 81. An act to amend the first section of an act
entitled " an act to organize a Supreme Court, and prescribing cer-
tain duties of the judges thereof," approved May 13, 1852, and to
district the State for the purpose of electing five judges of the
Supreme Court;

192

Was read the second time, and referred to the Committee on the
Organization of Courts.

House bill No. 82. An act to amend the first section of an act
to amend an act entitled " An act to amend the sixlh section of an
act providing for the organization of County Boards, and prescrib-
ing some of their powers and duties, which first above mentioned
act was approved June 17, 1852; that said second mentioned act
was approved February 16, 1859 ; which said last mentioned act
\vas approved March 9, 1861 ;

Was read the second time, and referred to the Committee on
County and Township Business.

House bill No. 83. An act to amend the twenty-first section of
an act prescribing the powers and duties of Justices of the Peace
in State prosecutions, and to enable Justices to obtain mileage in
making returns, approved March 1, 1855, and prescribing a penalty
for neglecting to perform the duties therein required ; .

Was read the second time, and referred to the Committee on the
.Judiciary.

^House bill No. 84. An act entitled an act to repeal the eigh-
teenth section of an act entitled an act regulating descents, and the
apportionment of estates ;

Was read the second tim.e, and referred to the Committee on the
Judiciary.

House bill No. 85. To amend section five of an act to regulate
and license the sale of spirituous, vinous, malt, and other intoxicat-
ing liquor, approved March 5, 1859 ;

Was read the second time, and referred to the Committee on the
.Judiciary.

House bill No. 86. A bill to provide for the publication of
notices of the pendancy of a civil action, as against persons whose
residence is unknown ;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 87. A bill defining what shall constitute an as-
sault, and prescribing the punishment therefor ;
Was read the second time.

193

Mr. Gregory moved to amend as follows :

Section two. Justices of the Peace shall have exclusive jm-is-
diction to hear and determine offences named in the first section of
this act.

The amendment was adopted.

The bill as amended was referred to the Committee on the Judi-
ciary.

House bill No. 88. A bill to amend the fifth section of an act
entitled " An act to prevent the issuing and circulation of unau-
thorized paper currency, and prescribing penalties for the issuing
or failure to redeem any such currency, and to punish the putting
away of broken bank notes, or notes of banks which have suspended
specie payment ;"

Was read the second time, and referred to the Committee on the
Judiciary. •

House bill No. 89. An act to amend the twentieth section of an
act entitled an act providing for the election and appointment of
supervisors of highways ;

Was read the second time, and referred to the Committee on
Roads. .

House bill No. 90. An act to authorize persons owning real
estate, situated in counties in which such owners do not reside, to
pay the taxes thereon to the Treasurer of State ;

Was read the second time, and referred to the Committee on the
Judiciary.

House bill No. 91. An act to provide compensation to the
owners of animals killed or injured by the cars, locomotives, or
other carriages of any rail road company in this State, and to en-
force the collection of judgments rendered on account of the same
and to repeal all laws inconsistent therewith ;

Was read the second lime. ' v

Mr. Harney offered the following amendment, which was adopted:

And provided it shall be found, upon trial, that the owner of
such animal has been guilty of gross negligence in suffering said
stock, or animals, to run at large, or shall be killed at the crossing
H. J.— 13

194

of any highways, the said owner shall be liable, in the deseretion
of the court and jury, for damages.

The bill as amended was referred to the Committee on the Judi-
ciary.

House bill No. 92. An act in relation to the collection of delin-
quent taxes by County Treasurers;

Was read the second time. .

Mr. Lamb offered the following amendment, which was adopted:

Amend by striking out of the first section the words " whenever
found within your township," and insert in lieu thereof, the words
," whenever found within your county."

The bill as amended was referred to the Committee on County
and Township Business.

House bill No. 93. An act to acgept the provisions of an act of
Congress entitled "an act donating public lands to the several
States and territories, which may provide colleges for the benefit of
agriculture and the mechanic arts, approved July 2, 1862, to assent
to the conditions contained in said act, and to appoint a commis-
sioner on the part of the State to receive the land scrip under the
grant, and to provide for the sale of such land scrip;"

Was read the second time, and referred to the Committee on
Agriculture.

Mr. Blocher, by consent of the House, offered the following reso-
lution :

Resolved, That the members of this General Assembly now in
session, be requested to visit the Legislature of the State of Ken-
tucky, and have a general expression on the subject of the war, and
to meet together in council for that purpose.

Mr. Lasselle moved to amend as follows : - '

Strike out all after the word " resolved," so as to read:

Resolved, by the House, {the Senate concurring,) 1st. That the
members of this General Assembly will, as a body, visit the Gene-
ral Assembly of the State of Kentucky, on the 18th proximo,
should the same be acceptable to the gentlemen composing that
body.

195

2d. Resolved, That the President of the Senate and the Speaker
of the House be, and they are hereby requested to communicate
the foregoing resolution to the presiding officers of the General
Assembly of the State of Kentucky.

Mr. Lamb moved to amend by striking out the words after "the
Senate concurring," and insert in lieu thereof, that the members of
the Legislature of the State of Kentucky be and they are hereby
invited to visit in a body this General Assembly, and confer with
us upon the present distracted condition of the country.

Mr. Niblack moved to refer the resolution to the Committee on
Federal Relations.

Mr. Lasselle moved that the further consideration of the resolu-
tion be postponed until Wednesday next at three o'clock P. M.,
and be made the special order for that hour.

Agreed to. ..

On motion,
The House adjourned until two o'clock P. M.

2 o'clock p. m.
House met.
The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES. •

By Mr. Given :

A petition in relation to the better protection of stock along the
line of railroads.

Referred to the Committee on the Judiciary.

By Mr. Woollen:

A petition from the citizens of Johnson county, on the subject of
negro immigration.

Referred to the special committee on that subject.

196

The Speaker laid before the House a communication from Lev.ds
Bollman, in relation to the grant of land for agricultural colleges.
Referred to the Committee on Agriculture.

REPORTS FROM STANDING COMMITTEES.

Mr. Howk, chairman of the Committee on the Judiciary, made
the following report: -^ ■ . ;

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred the following resolution :

Resolved, That the Committee on the Judiciary be requested to
inquire as to the constitutionality of the law requiring every voter
to be a resident of the township ten or more days before he is
entitled to vote.

To report that they have had the same under consideration, and
that they are of the opinion that such a law would be unconstitu-
tional.

The report was concurred in. /

By the same, from the same committee :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was refeiTed House bill No. 54, entitled " an act to authorize county
treasurers to ofler lands delinquent for taxes for sale at the Audit-
or's office," to respectfully report that they have had the same
under consideration, and they herewith return the same to this
house and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

From the same :

Mr. Saeaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 59, entitled an act to empower sheriffs to
offer lands and other property for sale on execution at the door of
of the clerk's office, to respectfully report that they have had the
same under consideration, and they would recommend that the
title of said act be amended by adding the words, "in counties

197

where there are no regular court houses," and when so amended,
that the same be passed.

Report concurred in, and the bill ordered to be engrossed.

By the same committee :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 6, entitled, "An act to regulate the
number of jurors that shall be required to make a verdict in civil
suits, and to repeal all laws inconsistent herewith," to respectfully
report that they have had the same under consideration, and they
are of the opinion that further legislation on the subject therein re-
ferred to, would be inexpedient. They therefore recommend that
the same be laid upon the table.

The report was concurred in, and the bill was laid upon the
table.

From the same committee: ' '

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred a resolution instructing them to inquire into the expediency
of reporting a bill providing for the preparation and printing of one
copy to every one hundred inhabitants of this State, of a revised
edition of the law relating to the settlement of decedents' estates,
to be sent to the respective county clerks for distribution among
executors, administrators, and guardians, to respectfully report,
that they have had the same under consideration, and that they are
of the opinion that the passage of such a law is inexpedient.

The report was concurred in.

From the same committee:
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was refeiTed House bill No. 7, entitled, "An act to amend section
10, of an act entitled 'An act providing for the election and quali-
iication of justices of the peace, and defining their jurisdiction,
powers, and duties in civil cases,' " approved June 9, 1852 — ap-
proved March 11, 1861, chapter 69, to respectfully report, that they

198

have had the same under consideration, and they are of the opinion
that the passage of the same is inexpedient.

They therefore recommend that the same be laid upon the table.

The report was concurred in, and the bill was laid upon the
table.

From the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 4, entitled an act entitled an act to amend
the 406th section of an act entitled "An act to revise, simplify, and
abridge the rules, practice, pleadings, and forms, in civil cases, in
the courts of this State ; to abolish distinct forms of action at law,
and to provide for the administration of justice in a uniform mode
of pleading and practice, without distinction between law and
equity," approved June 18, 1852, to respectfully report, that they
have had the same under consideration, and they recommend that
the same be amended by striking out the proviso in the first sec-
tion thereof, and inserting the words, "or the issuing of execution
thereon," immediately after the words "entry of judgment," in the
second line of the first section ; and when so amended, they recom-
mend its passage.

The report was concurred in, and the bill ordered to be engrossed.

From the same committee:
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 15, entitled an act to authorize the
Governor to issue a patent to Aaron Foster, for certain Michigan
E-oad Lands, in Laporte county, to report that they have had the
same under consideration, and they herewith return it to this
House^and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker:

I am instructed by the Judiciary Committee, to whom was re-
ferred House bill No. 22, entitled an act to amend section 27, of

199

an act entitled "An act regulating the granting of divorces, nullifi-
cation of marriages, and decrees and orders of Court incident
thereto," approved May 13, 1852, to respectfully report that they
have had the same under consideration, and they herewith return
the same to this House, and recommend its passage.

The report was concurred in, and the bill was ordered to be en-
grossed. • '

From the same : ■ ;

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred a resolution therein to report by bill or otherwise, a
law the subject-matter of which shall be making it a felony to drug
spirituous liquors with anything injurious to health, the penalty
therefor being imprisonment in the State Prison for a period not
less than ten or more than fifteen years ; any person adulterating
with water any kind of liquors, to be deemed guilty of fraud and
swindle, and should be imprisoned in the State Prison ibr not less
than two nor more than five years, and to repeal all laws on this
subject, to report the same back to this House, and they recom-
mend that the same be referred to the Committee on Temperance.

The report was concurred in.

By the same :

Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom was
referred the following resolution, to-wit:

Resolved, That the Committee on the Judiciary be instructed to
inquire whether additional legislation, for the purpose of more
effectually enforcing the spirit and intent of the 13th Article of the
Constitution, is practicable and expedient ; and if so, to report a
bill fully embracing such legislation.

To report the same back to the House, and they recommend that
the same be refeiTcd to the select committee raised by this House
to consider the subject-matter therein expressed.

The report was concurred in.

Mr. Humphreys, Chairman of the Committee on Fees and Sala-
ries, made the following report :

200
Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
House bill No. 52, introduced by Mr. Morgan, entitled "an act to
amend sections 4, 5, 9 and 11 of an act entitled an act decla-
ratory of the law regulating marriages, and enforcing the provisions
thereof by proper penalties," approved March 5, 1852, have had
the same under consideration, together with the amendments pro-
posed thereto, and direct me to report back to this House that, in
the opinion of said committee, further legislation upon the subject
is inexpedient, and that said bill and amendments be laid upon the
table.

The report was concurred in, and the bill laid upon the table.

By the same :
Mr. Speaker: ^ . - .

The Committee on Fees and Salaries, to whom was referred
House bill No. 9, introduced by Mr. Miller, entitled " an act to re-
peal an act entitled an act to ascertain the amount of the fees and
salaries of the clerks of the Supreme, Circuit, and Common Pleas
Courts of this State ; of the sherifi' of the Supreme Court, and of
the various counties in this State ; of county auditors, treasurers,
and recorders ; of circuit and prosecuting attorneys ; and to pro-
vide punishment for a violation of its provisions ;" approved June
.June 3, 1861, have had the same under consideration, and instruct
me to report the same back to this House, and recommend its pas-
sage.

The bill was ordered to be engrossed.

Mr. Branham presented a report from a select committee raised
at the last session of the General Assembly, together with a claim
connected with said report.

Mr. Branham moved to refer the report to the Committee on
Ways and Means, and to refer the claim to the Committee on
Claims.

Agreed to.

Mr. Harney, from a select committee, made the following report:
Mr. Speaker: ' "

The committee, to whom was referred the concurrent resolution

• 201

embodying a memorial to the Legislature of the State of New
York, in reference to freights and transportation by railroad and
canal through that State, have had the same under consideration,
and a majority of the committee have directed me to report the
same back and recommend its passage. .

The report was concurred in, and the resolution adopted.

RESOLUTIONS OF THE HOUSE.

By Mr. Packard:

Whereas, The Drafting Commissioner for the State of Indiana
has collected from conscientious exempts a large sum of money,
and deposited the same in one of the banks of this city to await
legislation from this General Assembly; therefore,

Resolved., That the Committee on Military Atl'airs be instructed
to inquire whether such money has been collected according to
law; and if it shall be found to have been so collected, that said
committee be instructed to report a joint resolution authorizing the
distribution of said funds for the benefit of the sick and wounded
soldiers, destitute widows and orphans of deceased soldiers, and
destitute families of those now in the service of their country from
this State ; and that said joint resolution shall further authorize a
committee of five to be raised, three on the part of the House and
two on the part of the Senate, whose duty it shall be to take
charge of and distribute said funds as in said joint resolution shall
be provided; but if it shall be found that said money, or any part
thereof, has been unlawfully collected, that said Draft Commis-
sioner be authorized and commanded to return the same, or so
much thereof as shall have been unlawfully collected, to the per-
sons from whom the same has been collected.

Adopted.

By Mr. Brown:

Resolved, That his excellency, the Governor, be requested to in-
form this House, at an early day, of the whole number of arms and
whole amount of munitions of war, of every description, now on
hand, belonging to this State. The whole number of arms and
whole amount of munitions of war that have been purchased for
the State during his present term of office. What disposition, if
any, has been made of the same. If they have been disposed of

202

either permanently or temporarily. To what person or persons they
have been so disposed of. The time at which they were so disposed
of. The whole number of arms, and the whole amount of muni-
tions of war that each person or persons has received, and for what
purpose each person or persons received the same. • .,.

Adopted. ; .

By Mr. Bird: ,

Resolved, That the account of Byron D. Angell, against the
State of Indiana, for services performed under the order of the
committee appointed, at the last session of the General Assembly
of this State, to investigate the affairs of the Northern State
Prison, be referred to the Committee on Claims, and that said
committee be instructed to inquire into the correctness and validity
of the same, and to report to this House.

Adopted. ;

By Mr. Humphreys :

Whereas, The Constitution of this State provides : " All bills
or notes issued as money shall be, at all times, redeemable in gold
or silver, and no law shall be passed sanctioning, directly or indi-
rectly, the suspension, by any bank or banking campany, of specie
payments," and

Whereas, The law establishing the "Bank of the State of
Indiana," passed March 3, 1855, provides that said Bank shall not,
at any time, suspend or refuse payment, in gold or silver, of any of
its notes, bills or obligations ; and

Whereas, The various branches of said Bank, have, at divers
times, refused to redeem its notes and bills in gold or silver, there-
fore; .

Resolved, That the Committee on the Judiciary be and they are
hereby instructed to inquire whether or not, in such refusal, said
Bank has violated its charter, and to report the result of their deli-
berations to this House.

Adopted.

By Mr. Packard:

203

Whereas, Section seven of article eleven of the Constitution of
the State of Indiana, reads as follows : " All bills or notes issued
as money shall be, at all times, redeemable in gold and silver, and
no law shall be passed sanctioning, directly or indirectly, the sus-
pension by any bank or banking company of specie payments ;"
therefore,

Resolved, That the Committee on the Judiciary be instructed to
inquire and report, at their earliest convenience, whether the Bank of
the State of Indiana has not, by refusing to redeem its notes in gold
and silver, and instead thereof redeeming them in United States
Treasury Notes, violated the Constitution of the State, and worked
a forfeiture of its charter.

Adopted.

By Mr. Johnson :

Whereas, On the 9th day of December, 1S62, many tracts of
land, mortgaged to the Sinking Fund, belonging to Indiana
Soldiers, were sold for much less than their value; and whereas
according to the present law, in sixty days from that time the rights
of redemption is ended: therefore,

Be it resolved, By the House of Representatives, the Senate
concurring, that all Indiana Soldiers in the service of the United
States, and the widows of deceased soldiers, have one year to re-
deem such lands by paying all costs accruing from such sale.

Mr. Niblack moved to refer the resolution to the Committee on
the Judiciary, with instructions to inquire, and if they deem it
necessary to report the legislation contemplated by it.

Agreed to.

By Mr. Newman :

Resolved, That the Committee on the Rights and Privileges of
the Inhabitants of the State be instructed to inquire into and as-
certain whether any further legislation is necessary, and if so, what
kind, to prevent boys and others, while hunting game or berries,
from destroying or injuring grain stacks or crops growing in the
field, and report by bill or otherwise.

Adopted.

By Mr. Waterman:

204 ^»

Whereas, The revenue laws of the State require each tax payer ,

to make out a list of his taxable property, and to fix the valuation j

of the same for taxation, thereby giving the unprincipled man an '

opportunity to defraud the revenue, and his more conscientious j

neighbor, who puts upon his property its true cash value ; there- I

fore, be it I

Resolved, That the Committee on County and Township Busi- j

ncss be instructed to inquire into the propriety of providing by ;

law, that each tax payer be required to make out a list of his tax- j
able property, under oath, and requn-e the assessor to appraise the
same; and said committee report by bill or otherwise.

Adopted.

By Mr. Shaffer :

Resolved, Tliat the Committee on the Judiciary be instructed to
inquire into the expediency of a law authorizing Boards of County
Commissioners to donate out of the county treasury, to railroad
companies, a sufficient amount of money to complete any unfinished
railroads running through any county, and report at their earliest
convenience, by bill or otherwise.

Adopted.

By Mr. Packard:

Whereas, It is a notorious fact, that through the ignorance, un-
skillfulness, neglect, and inhumanity of very many of the surgeons
in charge of our Indiana troops, a vast amount of suffering, misery,
and death, has been entailed upon our brave soldiers in the field ;
therefore.

Resolved, That the Committee on Military Affairs be instructed
to inquire if there be not some legislation necessary to protect our
soldiers from these grievous wrongs, and for the future to prevent
the appointment of men to that position merely for political ends,
and without any reference to their qualifications or fitness ; and
that they report the same, by bill or otherwise.

Adopted.

The Speaker laid before the House the following communication
from the Auditor of State:

Hon. Speaker of the House of Representatives :

Sir, — In obedience to a resolution of the honorable body over

205

which you preside, I have already laid before the House all the re-
ports of salaries and' fees sent to this office, up to the date of my
report, to-wit, January 19, 1863,

I have since received an additional number, which I now lay be-
fore the House, with an abstract Qf the same hereto attached.

Very respectfully,

A. LANGE,

Auditor of State.

Abstract of Reports.

Prosecuting Attorney, 3d Judicial District.
Adams Coimty — Auditor, Treasurer, SherifT.
Boone County — Recorder. . .

Dearborn County — Auditor.
Gibson County — Auditor, Recorder.
Jefferson County — Recorder, Clerk.
Laporte County — Treasurer, Clerk.
Lawrence County — Clerk, Sheriff.
Marshall County — Treasurer.

Noble County — Recorder, one for 1861, and one for 1863.
Orange County — Clerk. ~
Parke County — Treasurer.

Sullivan County — Sheriff, Recorder, Clerk, Auditor, and Trea-
surer.

Vigo County — Sheriff, Clerk, Recorder.
Washington County — Clerk.
Howard County — Recorder.
Vanderburgh County — Sherifl'.
Vermillion County — Clerk.
Jefferson County — Auditor.

The communication was referred to the Committee on Fees and
Salaries.

Mr. Humphreys, from the Committee on Fees and Salaries,
made the following report :

Whereas, A resolution has been adopted by this House, requir-
ing the Committee on Fees and Salaries to make and report to this
House an abstract of all the fees and salaries of the different State
and county officers of the State of Indiana; therefore,

206

Resolved, That the Committee on Fees and Salaries be author-
ized to employ a clerk to prepare said abstract, and that while said
clerk shall be so employed, he shall receive the same fees as are
allowed to other clerks of this House.

The report was concurred in, and the resolution adopted.

Mr. Pendleton, from the Joint Committee on the Library, made
the following report :

The Joint Committee on the State Library, to whom was re-
ferred " an act regulating the duties of the State Librarian," would
respectfully report that they have had the same under considera-
tion, and would respectfully report that they recommend the pass-
age of the following amendments, viz :

After the last clause of the first section insert the following
words : " Section 2. Any persons guilty of a violation of the pro-
visions of this act, shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof, be fined in the sum of twenty-five
dollars."

The report was concurred in, and the bill ordered to be engrossed
as amended.

BILLS INTRODUCED.

By Mr. Niblack :

House bill No. 94. An act to authorize railroad companies in-
corporated by other States, and with their terminus at the boundary
line of the State of Indiana, to acquire the right of way, and to
construct and extend their roads so as to make connections with
railroads in the State of Indiana, and also to acquire and hold the
necessary real estate for side tracks, switches, depot buildings,
machine shops and stock yards.

The bill was read and passed to a second reading. ,

By Mr. McCaughey:

House bill No. 95. An act to fix: the time of holding the courts
of common pleas in the counties of Adams, Wells, Huntington,
and Allen, and the duration of the terms thereof, and making all
process from the present common pleas court returnable to such
terms, and declaring when this act shall take effect.

The bill was read the first time.

207

Mr. McCaughey moved that the rule be suspended, and the bill
read a second time now.

The question being on the suspension of the rule,

Those who voted in the affirmative ivere —

Messrs.

Griffith,

Leeds,

Priest,

Abbett,

Hall,

Lemmon of H.

, Puett,

Anderson,

Hardin of P.,

Lemmon of S.,

Reitz,

Atkison,

Harney,

Marshall,

Richardson,

Baker,

Hetfield,

Mason,

Rippey,

Bird,

Hershey,

McCaughey,

Robinson,

Blocher,

Higgins,

Milroy,

Roe,

Branham,

Holcomb,

Morgan,

Shaffer,

Budd,

Hostetter,

Mustard,

Shoaff of Jay,

Cason^

Howell,

Mutz,

Stone,

Cass,

Howk,

Newsman,

Tarkington,

Chambers,

James,

Niblack,

Van Busldrk,

Cook,

Jones,

Noyes,

Veatch,

Davis,

Kemp of Dubois

S O'Brien of H.,

Waterman,

DeBruler,

Kemp of Vigo,

O'Brien of M.,

Williams,

Donaldson,

Kilgore,

Osborne,

Wolfe,

Forrester,

Lake,

Packard,

Woodruff,

Garvin,

Lamb,

Pendleton,

Woollen,

Gregg,

Lasselle,

Pettibone,

Mr. Speaker-76,

Gregory,

Those ivho voted in the nesrative were —

Messrs. Beyerle and Ferris — 2. ■

So the rule was suspended, and the bill was read the second time,
and ordered to be engrossed.

By Mr. Budd :

House bill No. 96. An act to amend the seventieth section of
the law regulating the assessment of taxes.

The bill was read and passed to a second reading.

Mr. Packard, by consent of the House, offered the following
resolution, which was adopted :

208

Resolved, That the President of the Board of Commissioners of
the Indiana Hospital ""or the Insane be requested to report to this
house at the earliest possible moment, the disposition made of the
two thousand dollars appropriated at the special session of the
General Assembly in 1861, and whether the said appropriation was
consumed in the purchase of coal for the fiscal year ending Octo-
ber 31, 1862, and for the succeeding year, as contemplated by the
law.

On motion,
The House adjourned until to-morrow, at 9 o'clock, A. M.

TUESDAY, 9 o'clock, A. M„ )
January 27, 1863. \

House met.

The Journal was read and approved.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill thereof:

Senate bill No. 47. A bill to fix the limes of holding the courts
of common pleas in the twentieth judicial district of the State of
Indiana, and repealing former laws on the subject, and declaring
when this act shall take effect.

In which the concurrence of the House is respectfully requested.

The following protest, presented by Mr. Griffith, was ordered to
be entered on the Journal of the House :

The undersigned members of this House beg leave to offer the
following protest against the passage of the resolution embodying
a memorial from the Legislature of Indiana, to the Legislature of
New York, for the following reasons : Said memorial contains not

209

only matter of a commercial nature, respecting freight and trans-
portation of merchandise, but also sentiments and expressions
believed by the undersigned to be not only foreign to the subject
matter of said memorial, but also politically unwise and incorrect
in conclusion, and not indorsed, and should not be by tliis General
Assembly.

The undersigned beg leave to urgently protest against, and
dessent from the expression of sentiment in the latter part of said
memorial, which are contained in the following words :

" So long as such States as yours [meaning' the State of New
York) J battle with equal zeal against anarchy among the members of
the Government, and the centralized monopoly of power in the hands
of its executive, you have our earnest sympathy.''^

If this language is meant to convey an abstract protest against
despotic power, all citizens of this Republic might agree therewith.
If on the other hand it is a political volley fired by a Democratic
battery at the President of the United States, and designed to con-
vey the impression that our present National Administration is in
theory and practice, despotic in character, and deliberately purpose
to take from any State, or from the people, any rights guaranteed
by the Constitution of the United States, we respectfully dissent
from that part of the memorial, being well assured that the Chicago
platform, upon which the present National Administration was
carried into power, did honestly convey to the public mind the
sentiments and purpose of the party now in power, wherein it de-
clares "that the maintenance inviolate of the rights of the States,
and especially the right of each State to order and control its own.
domestic institutions according to its own judgment exclusively, is-
essential to that balance of power on which the perfection and ea^-
durance of our political fabric depi'uds."

Further, we also believe and asyert that the present Na'tibnal
Administration has endeavored to seek, not only the restoration of
the Union and the supremacy of the Constitution, but also the
maintenance of all State rights, for proof of which we call attention
to the language of the President of the United States, in his
memorable letter to Horace Greely, wherein he declared that his
" paramount object was to restore the Union the sliortest way
under the Constitution ;" to save it without touching slavery at all.
H. J.— 14

210

On the other hand, to save, if it became necessary in so doing, by
freeing a part thereof or to save it by freeing all of the slaves. The
restoration of the Union being thus the alpha and the omega of
the desire of the President. Now, if it be the purpose of the me-
morial to charge upon the Executive of the United States, " central-
ized monopoly of poiver in the hands of the Executive" because of
political arrests, or the issuance of the proclamation ; we respect-
fully submit the following extract from a speech of James Buchan-
an, in the United States Senate, upon the bill indemnifying
General Andrew Jackson, for a fine assessed by Judge Hall upon
him, by reason of the declaration of martial law at New Orleans
by General Jackson, as pertinent now. The language of Mr. Bu-
chanan is as follows :

" We did not contend, strictly speaking, that General Jackson
had any constitutional right to declare martial lavr at New Or-
leans. It had never been contended on this floor that a military
commander possessed the power, under the Constitution of the
United States, to declare martial law ; we placed the argument
not upon the ground of strict Constitutional rights, but of such an
overruling necessity as left General Jackson no alternative between
the establishment of martial law, or the sacrifice of New Orleans
to the rapine and lust of the British soldiery.

In the histoiy of every nation at war, cases might occur of such
extreme and overpowering necessity, that in order to save the
"country, a military commander might be compelled to resort to the
establishment of martial law."

The following extracts from a minority report made upon the
same subject by Robert J. Walker, bears upon the subject matter
of the memorial, and at this period is well worthy of attention.
Mr. Walker uses the following forcible and explicit language :

" The majority, in the opinion of the undersigned, arraigns the
conduct of General Jackson as subversive of the Constitution of
the United States. The undersigned submits that in time of war,
and of imminent public danger, it may be the duty of the military
commander to arrest those regarded as traitors, spies or mutineers,
within the limits of his camp. The law which justified the act
was the g'reat law of necessit// ; it was the law of defence of self,
home, and of country, and never was designed to be abrogated by

211

any statute, or by any constitution. The same overruling necessity
which justified the arrest would require the detention of the prisoner
until the emergency had passed." Now, your protestants submit
that if there ever was a great overpowering necessity in order to
save the country, does it not now exist in the strongest and most
ample sense ? Did imminent public danger, so overwhelming and
portentious, ever threaten o.ur country ? suggesting to this honor-
able body and the rest of maiildnd, the parallel state of circum-
stances, the great overruling necessity of the present, as weU as of
the past; Y>'e ask the question in candor, if the doctrines and senti-
ments quoted from the highest Democratic authority of the recent
past is not applicable to the tremendous emergencies of this hour?
For these and other reasons we protest against the memorial, or
that part of it quoted in this protest, and we do hereby, not oniy
by the doctrines of the past, but by the memories thereof, also call
upon every citizen of this once prosperous, but now agonized and
bleeding nation, to stand shoulder to shoulder in upholding the
tottering temple of liberty, in strengthening the hands and hearts of
the rightful authorities of the State and Nation, in saying to the
spirit of anarchy in our own midst, peace be still, and thereby
hastening the advent of peace, and hope, and union upon this our
loved, but weeping and distracted country. Let us one and all
endeavor to save a nation which has been, and we hope ever will
be, a beacon light to the world, and the custodian of the ark of
civil and religious liberty.

Francis P. Griffith,
W. H. Kendrick,
L. A. Cass,
James O'Brien,
A. Anderson, Jr.,

D. C. Bianham,
John Roe,

E, B. Newman,
Israel Woodruff,
Timothy Baker,

D. R. Van Buskirk,

H. J. Beyerle,
B. F. Gregory,
Samuel Mustard,
J. N. Hershey,
Robert N. Lamb,
Oliver F. Jones,
John A. Moorman,
E. B. Noyes,
S. Hostetter,
James Forrester,
A. Kilgore,

R. B. Perry,
J. M. Leeds,
Paris Robinson,

C. Budd,
H. James,
John L. Stone,
J. C. Marshall,
J. J. Johnson,
Chas. D. Morgan,
Amos Davis,

D. K. Pettibone.

REPORTS FROM STANDING COMMITTEES.

By Mr. Brown, the Chairman of the Committee on the Organi-
zation of Courts :

212
Mr. Speaker : •

I am requested by the committee, to whom was referred House
bill No. 44, entitled, " An act to amend the sixth section of an act
to fix the time for holding the Common Pleas Courts in the several
counties in this State, the duration of the terms thereof, and mak-
ing all process from the present Common Pleas Courts returnable
to such terms, and declaring when this'sict shall take effect, and re-
pealing all laws inconsistent therewith, approved March 5, 1859;"

To report the same back to this House, and respectfully suggest
its passage.

The report was concurred in and the bill ordered to be engrossed.

By Mr. Ferris, Chairman of the Committee on Rights and Priv-
ileges of the Inhabitants of this State:

Mr. Speaker :

The Committee on Rights and Privileges of the Inhabitants of
the State, to whom was referred the petition of certain citizens of
Lawrence county asking for the passage of a law to enforce the
13th article of the Constitution, have had the same under consid-
eration, and herewith report the same back to the House, and
recommend that the same be referred to the special committee
raised for the consideration of the subject.

The report was concurred in.

By the same :
Mr. Speaker:

The Committee on the Rights and Privileges of the Inhabitants
of the State, to whom was referred House bill No. 45, an act in
relation to the contracts of landlords and tenants, and those hold-
ing under them, have had the same under consideration, and would
report that they deem further legislation upon that subject unnec-
essary, and herewith report back the said bill and recommend that
it be laid on the table.

The report was concurred in :

By the same :
Mr. Speaker:

The Committee on the Rights and Privileges of the Inhabitants

213

of the State, to whom was referred resolution No. 65, instructing
the committee to ascertain whether any further legislation is neces-
sary " to prevent boys and others, while hunting game or berries,
from destroying or injuring grain stacks or crops growing in the
field," have had the same under consideration, and would report
that the majority of said committee are of the opinion that it is
unnecessary to legislate further upon that subject, as section 13 of
an act defining misdemeanors, and prescribing punishment therefor,
approved June 14, 1852; and section 28 of an act defining felonies,
and prescribing punishment therefor, approved June 10, 1852, fur-
nishes a complete remedy for all matters embraced in the resolu-
tion.

The report was concurred in.

By Mr. Miller, Chairman of the Committee on County and
Townsliip Business :

Mr. Speaker :

The Committee on County and Township Business, to whom
was referred a resolution " requesting them to inquire into the ex-
pediency of making it the duty of Township Assessors to complete
the labor of such Assessors, and report to the Board of County
Commissioners at their March term, instead of their June term,"
have had the same under consideration, and have instructed me to
report it back to the House, and recommend that it lie on the table,
it being the opinion of said committee that such legislation is not
expedient.

The report was concurred in. .

By the same :
Mr. Speaker : ■

The Committee on County and Township Business, to whom
was referred House bill No. 27, providing for calling special sessions
of Boards of County Commissioners, have had the same under
consideration, and have instructed me to report it back to this
House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed

By Mr. Priest, from the same committee :
Mr. Speaker:

214

The committee to whom was referred a resolution instructing
said committee to inquire whether it will not be more economical,
and secure equality in the assessments, to abolish the office of Town-
ship Assessor, and have the assessments made by Assessors, with
deputies where necessary, have had the same under consideration,
and have instructed me to report it back to this House, it being, in
the judgment of said committee, inexpedient to abolish the Town-
ship system of assessment.

The report was concurred in.

By Mr, Stone, from the same committee :
Mr. Speaker:

The Committee on County and Township Business, to whom
was referred a resolution "requesting said committee to inquire
whether any additional legislation is necessary to authorize county
commissioners to pay county bounty out of the county treasury to
soldiers enlisting in the United States service under the President's
calls," have had the same under consideration, and have instructed
me to report that in the opinion of the said committee, no addi-
tional legislation is needed, the present law being broad enough.

The report was concurred in.

By Mr. Gavin, chairman of the Committee on Corporations :

Mr. Speaker:

I have been directed by the Committee on Corporations, to
which was referred House bill No. 66, an act entitled an act
to amend the act entitled "an act to incorporate the Wabash Navi-
gation Company, approved Jaimary 13, 1846, and to authorize the
said company to raise money when necessary, to make repairs on
their works," to report that they have had said bill under advise-
ment, and to report the same back to the House and recommend
its passage.

The report was concurred in.

By Mr. Lasselle, chairman of the Committee on Engrossed
Bills:

The Committee on Engrossed Bills have carefully compared en-
grossed House bills Nos. 9, 15, 31, 54 and 59 with the original bills.

215

and find that the same have in all respects been accurately and
correctly engrossed, and corrected under their direction.
The report was concurred in.

Mr. Brown moved to take from the table the communication
from the Governor, in relation to his Annual Message.
Agreed to.

On motion of Mr. Brown,
The conununieation was referred to a select committee of five.
The Speaker appointed Messrs. Brown, Hanna, Branham, Packard
and Tarkington said committee.

RESOLUTIONS OF THE HOUSE.

By Mr. Pendleton :

Resolved by the House of Represe7itatives {the Senate concurring-),
That a Committee on Phraseology be appointed, consisting of six
members, three from the House and three from the Senate, to
whom shall be referred all bills before their final passage, for correc-
tion touc-liing their grammar, orthography and punctuation.

Laid over until to-morrow.

By Mr. Brogan :

Resolved, The Senate concurring, that a committee, consisting
of three members of the Senate and three members of the House,
be appointed by their respective bodies, to correspond with any
committee that may be appointed by the Legislatures of the States
of Illinois and Kentucky, with regard to the existing difficulties in
the country, and that such comnuttee be authorized to visit the
Legislatures of the States of Illinois and Kentucky if, in their
judgment, they can thereby better ascertain the sentiments and
views of the same, and endeavor, if practicable, to secure uni-
formity of action between the General Assembly and the Legisla-
tures of said States in relation to the political condition of the
country.

The consideration of the resolution was postponed until to-mor-
row at 3 o'clock, P. M., and made the special order for that hour.

By Mr. Woollen :

Whereas, It is desirable that no opportunity should be lost to

216

cement the bonds of union which result between the loyal States;
and,

Whereas, The Legislatures of Ohio, Kentucky, and Illinois are-
now in session, consulting upon the common good, and all have
an equal interest in maintaining the Union and preserving the
Constitution ; and,

Whereas, Free intercourse between these bodies might con-
tribute to establish a more perfect friendship and restore the era of
good feeling which once existed ; therefore,

Resolved by the House of Representatives {the Senate concurring),
That the Legislatures of the said States of Ohio, Kentucky, and
Illinois, be invited to meet the Legislature of Indiana at Louisville,
Kentucky, on the 22d day of February next, there to exchange
views upon the condition of our common country, cultivate our
relations of friendship and good feeling, and renew our united de-
votion to the old Union, the old Constitution, and the old flag.

Resolved, That His Excellency, the Governor, be requested to
transmit the resolutions to the Governors of the States named,
with a request that they lay the same before their respective legis-
latures.

The resolution was made the special order for 3 o'clock, P. M.,
to-morrow.

By Mr. Burton:

Resolved, That the Superintendent of Public Instruction be and
he is hereby requested to communicate to this House the names of
the Trustees of Indiana University, giving the date of the appoint-
ment of each, and the time that each has to serve.

Adopted.

JOINT RESOLUTIONS.

By Mr. Puett :

Joint resolution No, 21. A joint resolution in regard to what is
known as the Morrill Tarifl";

Which was read, and passed to a second reading.

By Mr. Roberts:

Joint resolution No. 22, A joint resolution relative to works of
internal improvement by the General Government;
Which was read, and passed to a second reading.

217

By Mr. Waterman:

Joint resolution No. 23. A joint resolution in reference to the
collection of Federal taxes by State revenue officers.
Which was read, and passed to a second reading.

By Mr. Gregory :

A joint resolution for the relief of sick and wounded soldiers;
Wliich was read and passed to a second reading.

By Mr. Hole o nib :

Joint resolution No. 24, instructing our Senators to 0|ipose the
emancipation schemes of President Lincoln ;

Which was read, and passed to a second reading.

BILLS INTRODUCED.

By Mr. Gregory:

House bill No. 97. An act to repeal an act entitled an act to
establish courts of conciliation, to prescribe rules and proceedings
therein, and compensation of judges thereof, approved June 11,
1852, chapter third of the Revised Statutes of 1852.

The bill was read, and passed to a second reading.

By Mr. Pettibone:

House bill No. 98. An act to legalize the sale of certain Con-
gressional School lands.

The bill was read, and passed to a second reading.

By Mr. Miller:

Hou^e bill No. 99. An act to re-enact the 238th section of an
act entitled " An act to revise, simplify, and abridge the rules,
practice, pleadings, and forms, in civil cases, in the courts of this
State ; to abolish distinct forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading
and practice, without distinction between law and equity;" ap-
proved June 18, 1852.

The bill was read, and passed to a second reading.

By Mr. Burton :

' 218

House bill No. 100. An act to amend an act entitled "An act
to provide for tlie opening, vacating, and change of highways ;"
approved June 14, 1S52.

The bill was read, and passed to a second reading. '

By Mr. Given :

House bill No. 101. An act to amend an act entitled "An act
providing that no justice shall hear or determine any State prose-
cution for an assault and battery, or assault, unless the injured
party be present, or, being summoned, refuses to attend, or when
the summoiis i'or him is returned not found, and that no trial shall
be had in cases of affray, unless a witness thereof be present and
testify upon such trial, or, being summoned, refuses lo attend;"
approved Feb. 7, 1855.

The bill was read, and passed to a second reading.

By Mr. Woollen :

House bill No. 102. Fixing an equivalent for exemption from
military duty, on account of conscientious scruples, and providing
for the collection of the same.

The bill was read, and passed to a second reading.

By Mr. Noyes :

House bill No. 103. An act to amend "An act providing for the
redemption of real ])roperty, or any interest therein, sold on execu-
tion or order of sale, and providing for the issuing of certilicates of
purchase in such cases, and for tiie execution of conveyances, and
repealing all laws in conflict therewith ;" approved June 4, 1861.

The bill was read, and passed to a second reading.

By Mr. Waterman :

House bill No. 104. An act prescribing a part of the duties of
county auditors, treasurers, and supervisors of roads, in relation to
road tax, and repealing all laws coming in conflict with this act.

The bill was read, and passed to a second reading.

By Mr. 0'Bri(>n:

House bill No. 105. An act relative to the salaries of public
officers, and providing the manner of paying the same, and repeal-
ins. laws therein named.

219 . '

The bill was read and passed to a second reading. ;

By Mr. Cass:

House bill No. JOb, An act to amend an act entitled "an act to
encourage the destruction of wolves," approved June 9, 1852.
The bill was read and passed to a second reading.

OKUKliS OF THE DAY.

Seiiafe bill No. 47. An act to fix the times of holding the
courts of common pleas in the twentieth judicial district of the
8tate of Indiana, and repealing former laws on the subject, and
declaring when this act shall take efi'ect.

The bill was read and passed to a second reading.

Senate bill No. 6. A bill ceding to the United States of Amer-
ica jurisdiction over certain lands and their appurtenances in the
county of Marion, and reserving the right to serve process thereon,
and exempting the same from taxation.

Was read the second time.

Mr. Reitz moved to refer the bill to a select committee of seven.
Agreed to.

The Speaker appointed Messrs. Reitz, Tarkington, Lasselle,
Harney, Leeds, O'Brien of Hamilton, and Roberts, said committee.

Senate bill No. 10. An act to amend section nine of an act of
amendment, approved March 9, 1861, of an act approved Febru-
ary 12, 1855, amending section second of an act concerning the
organization of voluntary associations, and repealing former laws
in reference thereto ;

Was read the second time and ordered to a third reading.

House bill No. 94. A bill to authorize railroad companies incor-
porated by other States, and with their terminus at the boundary
line of the State of Indiana, to acquire the right of way, and to
construct and extend their road so as to make connections with
railroads in the State of Indiana, and also to acquire and hold the
necessary real estate for side tracks, switches, depot buildings,
machine shops and stock yards ;

Was read the second time and referred to the Committee on
Corporations.

220

House bill No. 96. An act to amend the seventieth section of
the law regulating the assessment of taxes ;

Was read the second time and referred to the Committee on
Roads.

Joint resolution No. 6, was read the second time.
Mr. Lamb moved to refer it to a select committee of five, with
instructions to inquire into the facts stated in the preamble.
Mr. Roberts moved to lay the motion on the table.
Agreed to.

Mr. Anderson moved to refer the resolution to the Committee on
Federal Relations, with instructions to inquire into the facts stated
in the preamble.

Mr. Packard moved to lay the motion to refer on the table.

Messrs. Branham and O'Brien of Hamilton demanded the ayes
and noes.

Those ivho voted in the affirmative ivere —

Messrs.

Abbett,

Bird,

Blocher,

Bryan,

Brown,

Burton,

Collins,

Cook,

De Bruler,

Donaldson,

Ferris,

Given,

Hall,

Hanna,

Harden of W.,

Hardin, of P.,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Humphreys,

Kemp of Dubois

Kemp of Vigo,

Lake,

Lasselle,

Lee,

Lemmon of H.,
Lemmon of S.,
Mason,
McCaughey,
Miller,
Milroy,
Mutz,
Niblack,
O'Brien of M.,
, Osborn,
Packard,
Pendleton,
Priest,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaff of Jay,

Spencer,

Veach,

Waterman,

Williams,

Wolfe,

Woollen, and

Mr. Speaker-54.

Those who voted in the nef^ative ivere-

Messrs.

Forrester,

Jones,

Newman,

Anderson,

Gregg,

Kendrick,

Noyes,

Atkison,

Gregory,

Kilgore,

O'Brien of H.

Baker,

Griffith,

Lamb,

Perry,

Branham,

Hershey,

Leeds,

Pettibone,

221

Beyerle,

Higgins,

Marshall,

Stone,

Cass,

Hostetter,

Moorman,

Tarkiiigton,

Chambers,

James,

Morgan,

Van Buskirk and

Davis,

Johnson,

Mustard,

Woodruff— 86.

So the motion was laid on the table.

Mr. Gregory moved to amend the resolution by striking out
'•rigidly and mercilessly."

Mr. Kemp of Vigo moved to lay the amendment on the table.

Messrs. Griffith and Newman demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Messrs.

Hall,

Lasselle,

Priest,

Abbett,

Hanna,

Lee,

Richardson,

Atkison,

Harden of W.,

Lemmon of S.,

Rippey,

Bird,

Hardin of Perry,

Lemmon of H.,

, Roberts,

Blochcr,

Harney,

Mason,

Ryan,

Brogan,

Hetfield,

McCauchey,

Shaffer,

Brown,

Holcomb,

Miller,

Shoaff of Jay,

Burton,

Hon,

Milroy,

Spencer,

Collins,

Howard,

Mutz,

Veach,"

Cook,

Howell,

Niblack,

Waterman,

De Bruler,

Humphreys,

O'Brien of M.,

Williams,

Donaldson,

Kemp of Dubois

, 0 shorn.

Wolfe,

Ferris,

Kemp of Vigo,

Packard,

Woollen, and

Given,

Lake,

Pendleton,

Mr. Speaker-55.

Those ivho voted in the ne

g-ative IV ere —

Messrs.

Gregg,

K 11 gore.

O'Brien of H.,

Anderson,

Gregory,

Lamb,

Perry,

Baker,

Griffith,

Leeds,

Pettibone,

Bran ham.

Hershey,

Marshall,

Robinson,

Beyerle,

Hostetter,

Moorman,

Roe,

Cass,

James,

Morgan,

Stone,

Chambers,

Johnson,

Mustard,

Tarkington,

Davis,

Jones,

Newman,

Van Buskirk, and

Forrester,

Kendrick,

Noyes,

Woodrufl— 85.

So the amendment lay upon the table.

222

Mr. James moved to refer the resolution to the Committee on
Military Affairs.

Mr. Brown moved that the motion to refer lie on the table.
Agreed to.

Mr. Anderson oifered the following :

Amend by striking out the preamble, and inserting the following
words: "Whereas, th(i draft has been enforced in the State of In-
diana and not in the State of Massachusetts."

Not agreed to.

The resolution was ordered to be engrossed.

Joint resolution No. 7 was read the second time, and referred to
the Committee on Federal Relations.

Joint resolution No. 8. A joint resolution, inviting a National
Convention, to restore peace and union;
Was read the second time.

Mr. Lasselle moved that the resolution be referred to the Com-
mittee of the Whole House, and made the special order for the
23d of February next.

Mr. Hanna moved to amend by fixing the time for the special
order the 16th of February.

Mr. Packard moved to refer the resolution to the Committee on
Federal Relations.

Mr. Holcomb moved a division of the question.

The question being, shall the resolution be relerred to Ihe Com-
mittee of t.ie Whole House?
It was so referred.

The question then being, shall the resolution be made the special
order of Monday, February 16, at 2 o'clock P. M. ?
It was agreed to.

Joint resolution No. 9. A joint resolution, proposing an amend-
ment to the second article of the Constitution, so as to allow sol-
diers of this State to vote at the annual State and county elections ;

223

Was read the second time, and referred to the Committee on
Elections.

Joint resolution No. 10. A joint resohition instructing our Sen-
ators and requesting our Representatives in Congress to provide,
if possible, for the prom])t payment of Indiana soldiers now in the
.field, and requiring the discrepancy in favor of officers to cease;

Was read the second time.

Mr. GrKRth offered the following amendment:

Strike out the following: "Whereas, our President, Abraham
Lincoln, and our Governor, Oliver P. Morton, have seemingly lost
all regard for the white race of the North, and have turned their
attention to the black race."

The resolution and amendment were referred to the Committee
on Federal Relations. '

Joint resolution No. 11 whs read the second time, and ordered
to be engrossed.

Joint resolution No. 12, proposing an amendment to the second
section of article second of the Constitution, so that the Legisla-
/) ture may more eflectually guard against fraudulent voting;

Was read the second time, and referred to the Committee on
Elections.

Joint resolution No. 13. A joint resolution, proposing an amend-
ment to article eight of the Constitution, so as to enable cities,
townships, and towns to levy taxes for the support of common
schools ;

Was read the second time, and referred to the Committee on
Education.

Joint resolution No. 14. A joint resolution, proposing an amend-
ment to the twenty-third section, article four, of the Constitution,
so as to provide for laws enabling cities, townships, and towns to
raise money for the support of common schools ;

Was read the second time, and referred to the Committee on
Corporations.

Joint resolution No. 15 was read the second time.
Mr. Lamb offered the following amendment :

224

Amend by striking out from the third resolution the following
words, viz : " That a committee of five, three on the part of the
House, and two on the part of the Senate, be raised," and insert in
lieu thereof, the following, viz : " That it shall be the duty of the
Governor of the State to collect," &c.

Mr. Hanna moved to lay the amendment on the table.
Messrs. Lamb and Woodruff demanded the ayes and noes.
Those ivho voted in the affirmative were —

Messrs.

Hardin of I

*erry

, Lemmon of H.

, Rippey,

Abbett,

Harney,

Lemmon of S.,

Roberts,

Bird,

Hetfield,

McCaughey,

Ryan,

Bloc her,

Holeomb,

Miller,

Shaffer,

Brogan,

Hon,

Milroy,

Shoaft' of Jay,

Brown,

Howard,

Mmz,

Spencer,

Beyerle,

Howell,

Nil)lack,

Veach,

Collins,

Humphreys

O'Brien of M.,

Waterman,

Cook,

Kemp of Du

ibois

, Osborn,

Williams,

Ferris,

Kemp of V

igO)

Packard,

Wolfe,

Hall,

Lake,

Paett,

Woollen, and

Hanna,

Lasselle,

Richardson,

Mr. Speaker-49'

Harden of W.,

Lee,

Those ivho voted in the neg-ative ivere —

Messrs.

Anderson,

Atkison,

Baker,

Branham,

Budd,

Beyerle,

Cass,

Chambers,

Davis,

Forrester,

Garvin,

Gregg,

Gregory,

Griffith,

Hershey,

Higgins,

Hostetter,

James,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Noyes,

O'Brien of H.,

Perry,

Petti bone,

Reitz,

Robinson,

Roe,

Stone,

Tarkington,

Van Busk irk and

WoodrnfF— 40.

So the amendment lay upon the table.

Mr. Moorman oflfercdthe following amendment

225

Amend by striking from the third resolution the following words,
viz: " That a committee of five, three on the part of the House,
and two on the part of the Senate, be raised ; " and insert in lieu
thereof the following : " That it shall be the duty of the Adjutant
General of the State to collect," &c.

Mr. Brown moved that the amendment lay on the table.

Messrs. Moorman and WoodrutF demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Messrs.

Hardin of Perry,

, Lemmon

of H.

, Rippey,

Abbett,

Harney,

Lemmon

of S.,

Roberts,

Bird,

Hetfield,

McCaugl

^ey,

Ryan,

Blocher,

Holcomb,

Miller,

Shaffer,

Brogan,

Hon,

Milroy,

ShoafF of Jay,

Brown,

, Howard,

Mutz,

Spencer,

Burton, .

Howell,

Niblack,

Veatch,

Collins,

Humphreys,

O'Brien (

of M.,

Waterman,

Cook,

Kempof Dvibois

1, Osborne,

Williams,

Ferris,

Kemp of Vigo,

Packard,

Wolfe,

Hall,

Lake,

Reitz,

Woollen, and

Hanna,

Lasselle,

Richardson,

Mr. Speaker.-49.

Harden of W., Lee,

Those ivho voted in the neo-ative ivere-

Messrs.

Forrester,

Kendrick,

O'Brien ef H.,

Anderson,

Garvin,

Kilgore,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branham,

Hershey,

Marshall,

Roe,

Budd,

Higgins,

Moorman,

Stone, .;

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cass,

James,

Mustard,

Van Buskirk and

Chambers,

Johnson,

Newman,

Woodruff— 38.

Davis,

Jones,

Noyes,

So the amendment lay upon the table.

Mr. Lamb moved to amend by striking out the fourth resolution.

Mr. Packard moved to lay the amendment on the table.
H. J.— 15

226

Mr. Kilgofe moved that the House adjourn.

The ayes and noes being demand by Messrs. Moorman, Jones,
Lamb, Noyes, Branham, Anderson, VanBuskirk, Newman, Wood-
ruff and Kendriek,

Those ivho voted in the affirmative were —

Messrs.

Forrester,

Lamb,

Puett,

Abbett,

Garvin,

Leeds,

Rippey,

Anderson,

Gregg,

Lemmon of H.,

Robinson,

Atkison,

Gregory,

Marshall,

Roe,

Baker,

Griffith,

Moorman,

Shaffer,

Bird,

Hershey,

Morgan,

Stone,

Blocher,

Hostetter,

Mustard,

Tarkington,

Branham,

James,

Newman,

Van Buskirk,

Budd,

Johnson,

Noyes,

Veach,

Beyerle,

Jones,

O'Brien of H.,

Williams, and

Chambers,

Kendriek,

Peny,

Wolfe— 44.

Davis,

Kilgore,

Pettibone,

Those who voted in the negative were —

Messrs.

Harden of W.,

Kemp of Vigo,

Packard,

Brogan,

Hardin of Perry, Lasselle,

Pendleton,

Brown,

Harney,

Lee,

Rietz,

Burton,

Hetfield,

Lemmon of S.,

Richardson,

Cass,

Higgins,

Mason,

Roberts,

Collins,

Holcomb,

McCaughey,

Shoaffof Jay,

Donaldson,

Hon,

Miller,

Spencer,

Ferris,

Howard,

Milroy,

Waterman,

Given,

Howell,

Niblack,

Woollen, and

Hall,

Humphries,

O'Brien of M.,

Mr. Speaker,-40.

Hanna,

Kempof Duboii

s,Osborne,

So the House adjourned.

227

WEDNESDAY, 9 o'clock, A. M., )

January 28, 1863. ) ,

The House met.

The journal of yesterday was read and approved.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Gregory :

A memorial asking a change in the school law, in respect to
voters who are entitled to vote at school meetings.
Referred to the Committee on Education.

Mr. Garvin obtained leave of absence.

The House suspended the order of business, and

Senate bill No. 47, an act to fix the times of holding the Courts
of Common Pleas in the 20th Judicial District of the State of In-
diana, and repealing former laws on the subject, and declaring
when this act shall take effect ;

Was read the second time.

Mr. Bird moved to suspend the rules and read the bill the third
time now.

The question being on the suspension of the rules.

Those ip/io voted in the affirmative ivere —

Messrs.

Gregg,

Lamb,

Pettibone,

Abbett,

Gregory,

Lasselle,

Priest,

Atkison,

Gri tilth,

Lee,

Puett,

Anderson,

Hall,

Leeds,

Reitz,

Baker,

Hanna,

Lemmon of S..

1 Richardson,

Bird,

Harden of W.,

Marshall,

Rippey,

Bloeher,

Hetfield,

Mason,

Roberts,

Brogan,

Hers hey,

McCaughey,

Robinson,

Brown,

Holcomb,

Miller,

Roe,

Budd,

Hon,

Milroy,

Ryan,

Burton,

Hostetter,

Moorman,

Shaffer,

Beyerle,

Howard,

Morgan,

Shoaff of Allen,

Cason,

Howell,

Mustard,

Shoaff of Jay,

Chambers,

Humphreys,

Mutz,

Spencer,

' ■ ■ ., 228

Collins, James, Newman, Tarkinglon,

Cook, Johnson, Noyes, Van Buskirk,

Davis, Jones, O'Brien of H., Veach,

De Bruler, Kemp of Dubois,0'Brien of M., Williams,

Donaldson, Kemp of Vigo, Osborn, \Yolfe,

Ferris, Kendrick, Packard, Woodruff,

Forrester, Kilgore, Pendleton, Woollen, and

Given, Lake, Perry, Mr. Speaker-87.

Those who voted in the negative were — none.
So the rules were suspended, and the bill read the third time.

The question

then being,

Shall the bill

pass?

Those IV

ho voted in the a

ffirmative were —

Messrs.

Gregg,

Lamb,

Pettibone,

Abbett,

Gregory,

Lasselle,

Priest,

Anderson,

Griffith,

Lee,

Puett,

Atkison,

Hall,

Lemmon of H.,

, Reitz,

Baker,

Hanna,

Lemmon of S.,

Richardson,

Bird,

Harden of W.,

, Marshall,

Rippey,

Blocher,

Hetfield,

Mason,

Roberts,

Brogan,

Hershey,

McCaughey,

Robinson,

Brown,

Higgins,

Miller,

Roe,

Budd,

Holcomb,

Milroy,

Ryan,

Burton,

Hon,

IMoorman,

Shaffer,

Beycrle,

Hostetter,

Morgan,

Shoaff of Allen,

Cason,

Howard,

Mustard,

ShoafF of Jay,

Cass,

Howell,

Mutz,

Spencer,

Chambers,

Humphreys,

Newman,

Stone,

Collins,

James,

Noyes,

Tarkington,

Cook,

Johnson,

O'Brien of H.,

Van Buskirk,

Davis,

Jones,

O'Brien of M.,

Veatch,

■ DeBruler,

Kemp of Dubois, Osborne,

Williams,

Donaldson,

Kemp of Vigo, Packard,

Wolfe,

Fenris,

Kendrick,

Pendleton,

Woodruff, and

Forrester,

Kilgore,

Pen-y,

Mr. Speaker-89.

Given,

Lake,

Those who voted in the nes-ative were — none.

229

So the bill passed, and the Clerk was ordered to inform the Sen-
ate thereof.

Mr. Hardin of Perry obtained leave of absence.
Mr. Anderson moved to reconsider the vote referring joint reso-
lution No. 14, to the Committee on Corporations.
Agreed to.

The resolution was then referred to the Committee on Educa-
tion.

REPORTS FROM STANDING COMMITTEES.

By Mr. Ferris, Chairman of the Committee on the Rights and
Privileges of the Inhabitants of the State :

Mr. Speaker :

The Committee on the Rights and Privileges of the Inhabitants
of tlie State, to whom was referred House bill No. 55, "An act to
amend section 1, of an act to exempt property from sale in certain
cases," approved Feb. 17, 1853, have had the same under conside-
ration, nnd would respectfully report that they regard further legis-
lation on that subject unnecessary, and herewith return said bill,
and recommend that the same be laid upon the table.

The report was concurred in.

By Mr. Spencer, from the same committee :
Mr. Spi:aker :

The Committee on the Rights and Privileges of the Inhabitants
of the State, have had under consideration House bill No. 51, an
act amendatory of the 1st section of an act entitled an act to ex-
empt property from sale in certain cases, referred to said commit-
tee, and would report that further legislation upon that subject is
unnecessary, and herewith return said bill, and recommend that the
same be laid upon the table.

The report was concurred in.

By Mr. Miller, Chairman of the Committee on County and
township Business :

Mr. Speaker: ...

230

The Committee to whom was referred House bill No. 35, an act
extending the term of ojffice of Towns^hip Trustee, from one to two
years, have had the same under consideration, and have instructed
me to report the same back to this House, and recommend that it
be laid on the table.

The report was concurred in.

By the same from the same committee :
Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 92, in relation to the collection of delin-
quent taxes, have had the same under consideration, and have in-
structed me to report it back to this House; the said committee
being of the opinion that the change contemplated by the bill is
inexpedient.

The report was informally laid on the table.

By Mr. Perry, from the same committee :
Mr. Speaker :

The Committee on County and Township Business, to whom
was referred House bill No. 49, an act to reduce Coroners' Juries
from fifteen to six, have had the same under consideration, and
have instructed me to report the same back to this House, and re-
commend that it lie on the table ; the change contemplated by the
bill being, in the opinion of said committee, inexpedient.

The report was concurred in.
«

Mr. Higgins, from the Select Committee on Brevier Reports,
made a report.

Mr. Packard moved to recommit the resolution and amendment
to the committee for further report.
Agreed to.

Mr. Anderson was excused from acting on said committee.

Mr. Van Buskirk was placed on said committee.

Joint resolution No. 15. A joint resolution of thanks to the
soldiers of Indiana, and providing for the registry and preservation

231

of the names of those who have fallen in the service of their coun-
try, during the present war.
Was taken up.

Mr. Packard moved to refer the resolution to a Select Committee
of five.

Agreed to.

RESOLUTIONS OF THE HOUSE.

By Mr. Donaldson :

Whereas, There are a vast number of cases where it becomes
necessary to have letters of administration and guardianship for the
purpose of procuring pensions and bounty for orphan children
whose fathers and brothers have died in the service of the Govern-
ment, and as it is attended with considerable expense upon such as
are not able to pay the same.

Resolved^ That the Committee on Fees and Salaries be instruct-
ed to inquire into the expediency of requiring the Clerks of the
several counties in this State, to make the necessary papers for half
the usual fees for similar services.

Adopted.

By Mr. Harney :

Resolved, That a committee of seven be appointed to make per-
sonal examination of the arsenal or arsenals in this city, which are
under the control of the authorities of this State, and that they
report their condition and such other facts as they may deem im-
portant, to the Legislature or the people of the state, as is com-
patiable with the public good.

Adopted.

By Mr. Wolfe :

Whereas, The Constitution of the State of Indiana (Art. 12,
Sec. 6), says that " No person conscientiously opposed to bearing
arms shall be compelled to do militia duty, but such person shall
pay an equivalent for exemption, the amount to be prescribed by

law ;" and

Whereas, Said Section of the Constitution has been interperted

232

by His Excellency, O. P. Morton, Governor of Indiana, to include
only a small number of the Religious Societies of the State ; and

Whereas, Only forty per cent, of those entitled to exemption
have been assessed with the prescribed amount ; therefore,

Resolved, That the Judiciary Committee be directed to investi-
gate this subject, and report to this House their opinion as to the
constitutionality of such proceedure.

Adopted.

By Mr. Jones :

Whereas, An act to provide for a general system of common
schools, the officers thereof and their respective powers and duties,
and matters properly connected therewith, and to establish libraries,
and for the regulation thereof, approved March 5, 1855, which reads
as follows, to-wit :

Section 1. Be it enacted by the General Assembly of the State
of Indiana^ That there shall be annually assessed and collected, as
the State and county revenues are assessed and collected, on the
list of property taxable for State purposes, the sura of ten cents on
each one hundred dollars' worth of property, and fifty cents on each
poll ; Provided, however, That the taxes aforesaid shall not be
levied and collected from negroes nor mulattoes, nor shall their
children be included in any enumeration required by this act, nor
entitled to the benefits thereof; - . '

Now in view of the above premises, and the fact that we have
among us a scattering population of negroes and mulattoes, who
are deprived of the benefits arising from our common school
system, therefore, «

Resolved, That the Committee on Education be instructed to
inquire into the expediency of so amending our common school
law that there may be a tax levied upon the property of these per-
sons of color (commonly called negroes) for the express purpose of
educating their children, and report by bill or otherwise.

Not adopted.

By Mr. Packard:

Resolved, That the Committee on County and Township Busi-

233

ness be instructed to inquire into the expediency of so amending
the law concerning township trustees as to allow them to hold their
term of otnce for two or more years.

Not adopted. , • •

By Mr. Woodruff:

WiiiOREAS, The vast araouni: of business that is being transacted
by this House, and rhe crowds of spectators that daily frequent
these lobbies necessarily requires the services of a large number of
clerks, assistant clerks, doorkeepers, assistant doorkeepers, and
attachees generally ; therefore,

Resolved, That there be a committee of three appointed by the
Chair, whose duty it shall be to ascertain what additional forces
will be necessary, if any, to carry on the business of this House,
and report by bill or other\yise.

Mr. Brown moved to lay the resolution on the table.
Messrs. Hanna and Packard demanded the ayes and noes.

Those ivho voted in the affirmative ivere-

Messrs.

Abbett,

Atkison,

Bird,

Blochcr,

Brogan,

Brown,

Burton,

Collins,

Cook,

DeBriiler,

Ferris,

Given,

Hall,

Hanna,

Harden of W.,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Humphries,

Johnson,

Jones,

Kemp of Dubois,

Kemp of Vigo,

Lake,

Lasselle,

Lee,

Lemmon of H.,

Lemmon of S.,

Marsliall,

Mason,

McCaughey,

Miller,

Milroy,

Moorman,

Morgan,

Mustard,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Priest,

Puett,

Reitz,

Those ivho voted in the negative ivere-
Messrs. Davis, Kendrick,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

ShoafF of Allen,

ShoafTof Jay,

Spencer,

Stone,

Tarkington,

Veach,

Waterman,

Williams,

Wolfe,

Woollen, and

Mr. Speaker-64.

O'Brien of H.,

234

Baker,

Forrester,

Kilgore,

Perry,

Bran ham,

Gregg,

Lamb,

Robinson,

Budd,

Gregory,

Leeds,

Roe,

Beyerle,

Hershey,

Newman,

Van Buskirk,and

Cason,

Hostetter,

Noyes,

Woodruff,— 25.

Chambers,

James,

So the resolution was laid on

the table.

Bv Mr. Davis:

Resolved, Tliat as a majority in tlie House of Representatives
of the Legislature of the State of Indiana, have to this time failed
to print the message of Governor Morton, the same be printed in
pamphlet form, and fifteen hundred copies distributed among our
officers and soldiers in the field, that they may know what has been
done, and recommended to be done by their Governor, for their
comfort, welfare and protection.

Mr. Brown moved to lay the resolution upon the table, to await
the report of a select committee.

Messrs. Higgins and Morgan demanded the ayes and noes.

Those who voted in the affirmative ivere —

Messrs.

Hanna,

Lemmon of H.,

Richardson,

Abbett,

Harden of W.,

Lemmon of S.,

Rippey,

Atkison,

Harney,

Mason,

Roberts,

Bird,

Hetfield,

McCaughey,

Ryan,

Blocher,

Holcomb,

Miller,

Shafler,

Brogan,

Hon,

Milroy,

ShoafTof Allen,

Brown,

Howard,

Mutz,

Shoaff of Jay,

Burton,

Howell,

Niblack,

Spencer,

Collins,

Humphreys,

O'Brien of M.,

Veach,

Cook,

Kemp of Dubois

;, Osborn,

Waterman,

Donaldson,

Kemp of Vigo,

Packard,

Williams,

Ferris,

Lake,

Pendleton,

Wolfe,

Given,

Lasselle,

Puett,

Woollen, and

Hall,

Lee,

Reitz,

Mr. Speaker-55,

Those u'ho voted in the nei^ative were-

Messrs.
Anderson,

DeBruler,
Forrester,

Kendrick,
Kilgore,

O'Brien of H.,
Perry,

235

Baker, Gregg, Lamb, Pettibone,

Branham, Griffith, Leeds, Robinson,

Budd, Hershey, Marshall, Roe,

Beyerle, Higgins, Moorman, Stone,

Cason, Hostetter, Morgan, Tarkington,

Cass, James, Mustard, Van Buskirkand

Chambers, Johnson, Newman, Woodruff, — 38.

Davis, Jones, . Noyes,

So the resolution was laid on the table.

By Mr. Cook :

Resolved, That the Military Committee of this House be in-
structed to inquire into the expediency of so amending tlie militia
law of this State so that the military power of the State shall be
invested in the majority of the following State officers, to-wit:
The Governor, Secretary, Auditor, Treasurer, and Attorney Gene-
ral of this State, and said committee report by bill or otherwise.

Mr. Woollen offered the following amendment :

Provided, That nothing in this resolution shall be so construed
as to indicate that we are in favor of depriving the Governor of
his constitutional power of being commander-in-chief of the militia
of the State.

On motion.
The House adjourned until 2 o'clock, P. M.

2 o'clock, p. m.

The House met.

The Speaker laid before the House the following communica-
tion from the Superintendent of Public Instruction :

To the House of Representatives of the State of Indiana, in regular
session :

236

I respectfully report, in answer to your resolution of yesterday,
the following named persons, the date of their appointment, and
the date of the expiration of their respective terms of service, as
the Trustees of the Indiana State University:

First Class, ivhose terms expire March 4, 1866.

William Hannaman, of the ccuiity of Marion, appointed Janu-
ary 2, 1863.

George A. Irvine, of the county of St. Joseph, appointed De-
cember 20, 1861.

David Dayton, of the county of St. Joseph, appointed December
20, 1861.

Second Class, ivhose terms expire March 4, 1865.

J. D. Maxwell, of the county of Monroe, appointed April 11,
1861.

W. K. Edwards, of the county of Vigo, appointed June 7, 1861.

Third Class, ivhose terms expire March 4, 1863.

John B. Winstanley, of the county of Floyd, appointed April
18, 1859.

Nathaniel C. Browning, of the county of Monroe, appointed
January 2, 1863.

Dr. A. Lewis, of the county of Gibson, appointed June 27, 1862.
All of which is respectfully submitted.

The communication was referred to the Committee on Educa-
tion.

The Speaker laid before the House the following communica-
tion from the Adjutant General :

State of Indiana, ^

Adjutant General's Office, >

Indianapolis, January 27, 1863. )

Hon. S.SMUEL H. BUSKIRK,

Speaker of the House of Representatives :

Sir: — In response to the resolution of the House, requesting a
statement of the companies of the Indiana Legion entitled to
compensation for active service along the southern border, I have

237

the honor to report, that up to this time bvit five companies called
into active service have sent reports to this office, or filed rolls.
Three of these are from Jefferson county and two from Dearborn.
These will be submitted to the House soon for its action.

Blank muster and pay-rolls have been forwarded to the proper
officers, with full instructions to prepare and return them to this
office. When received they will be submitted to your honorable
body, with such information as may be in possession of this office
relative to the service.

Very respectfully, your obedient servant,

LAZ. NOBLE,
Adjutant General of Indiana.

The communication was informally laid on the table.

The special order being the consideration of resolutions relative
to visiting and conferring with the Legislature of Kentucky,

Mr. Roberts moved to refer the series of resolutions to a select
committee consisting of one from each Congressional District, and
that they be instructed to report on Saturday morning at ten
o'clock.

The resolutions were so referred.

The resolution of Mr. Cook, and the amendment thereto by Mr.
Woollen, pending at noon to-day, were taken up.

Mr. Hall moved that the resolution and pending amendment be
referred to the Committee on the Judiciary.

' Mr. Plarney moved the previous question, which was ordered,
and the resolution and amendments were so referred.

ORDERS OF TUE DAY.

Joint resolution No. 16. Instructing our Senators and Repre-
sentatives in Congress to vote against the admission of any Con-
gressman who has not been elected according to the laws and
Constitution ;

Was read the second time.

Mr. Anderson moved to refer the resolution to the Committee on
Federal Relations.

238

Ml". Brown moved to lay the motion to refer on the table.
Messrs.. Anderson and Brown demanded the ayes and noes.
The question being, shall the motion lie on the table?
Those ivho voted in the affirmative were —

Messrs.

Hanna,

Lemmon of H.

, Richardson,

Abbett,

Harden of W.,

Lemmon of S.,

Rippey,

Bird,

Hetfield,

Mason,

Roberts,

Brogan,

Holcomb,

McCaughey,

Ryan,

Brown,

Hon,

Miller,

Shaffer,

Burton,

Howell,

Milroy,

Shoaff of Jay,

Collins,

Humphreys,

O'Brien of M.,

Spencer,

Cook,

Kemp of Dubois

, Osborn,

Veach,

De Bruler,

Kemp of Vigo,

Packard,

Waterman,

Donaldson,

Lake,

Pendleton,

Wolfe,

Ferris,

Lasselle,

Puett,

Woollen, and

Given,

Lee,

Reitz,

Mr. Speaker-51,

Hall,

Those loho voted in the nesrative ivere —

Messrs.

Anderson,

Atkison,

Baker,

Branham,

Budd,

Beyerle,

Chambers,

Davis,

Forrester,

Gregg,

Gregory,

Griffith,

Hershey,

Higgins,

Hostetter,

Howard,

James,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

J^eeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Noyes,

O'Brien of H.,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

Van Buskirk, and

Woodruff— 38.

So the motion was laid on the table,

The resolution was ordered to be engrossed.

Joint resolution No. 17. A joint resolution to increase the pay
of privates and non-commissioned officers in the armies of the
United States, • •

Was read the second time.

239

Mr. Brown offered the following amendment

Insert after " increase the pay of privates and non-commispioned
officers," "and decrease in the same proportion as private and non-
commissioned is increased, the pay of commissioned officers."

Mr. Holcomb offered the following amendment to the amend-
ment:

" And reduce the pay of commissioned officers, below the rank
of Major, twenty-five per cent,, and Major and above that rank,
fifty per cent."

Mr. Higgins moved to lay the amendment on the table.

Messrs. Brown and Higgins demanded the ayes and noes.

Those who voted in the affirmative were- —

Messrs.

Anderson,

Baker,

Budd,

Beycrle,

Cason,

Chambers,

Cook,

Forrester,

Gregory,

Griffith,

Hershey,

Higgins,

Hostetter,

James,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

O'Brien of H.,

Perry,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

VanBuskirk and

■Woodruff~34.

Those who voted in the nesrative were —

Messrs.

Abbett,

Atkinson,

Bird,

Blocher,

Brogan,

Brown,

Burton,

Collins,

Davis,

DeBruler,

Donaldson,

Hall,

Hanna,

Hardin of W.,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Humphreys,

Lee,

Lemmon of H.,

Lemmon of S.,

Mason,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Kemp of Dubois, Osborne,
Kemp of Vigo, Packard,

Reitz,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaff of Allen,

Shoaff of Jay,

Spencer,

Veatch,

Waterman,

Wolfe,

240

Ferris,

Lake,

Pendleton,

Woollen, and

Given,

Lasselle,

Puett,

Mr. Speaker— 56.

Gregg,

So the House refused to lay the amendment on the table.

jNIr. Brown withdrew his amendment.

Mr. Cason moved to amend the resolution as follows :

Amend by adding in the proper place, non-commissioned officers
in proportion to the increase pay of the private soldiers. '

Mr. Holcomb oflered the following amendment to the amend-
ment:

And reduce the pay of commissioned officers, below the rank of
Major, twenty-five per cent., and Major and above that rank, fifty
per cent.

Mr. Cason moved to lay the resolution and pending amendments
on the table.

Messrs Cason and Noyes demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Milroy, Reitz,

Morgan, Shoaff of Allen,

Mustard, Shoaff' of Jay,

Niblaek, Waterman, and

O'Brien of M., Wolfe— 21.
O shorn,

Kilgore, Pettibone,

Lake, Puett,

Lee, Richardson,

Lemmon of H., Rippey,

Lemmon of S., Roberts,
Marshall, Robinson,

Mason, Roe,

McCaughey, Ryan,
Miller, Shaffer,

Moorman, Spencer,

Messrs.

Given,

Baker,

Harney,

Bird,

Howard,

Budd,

Lamb,

Collins,

Lasselle,

Donaldson,

Leeds,

Those

loho voted in the

Messrs.

Gregory,

Abbett,

Hall,

Anderson,

Hanna,

Atki-on,

Hardin of W

Blocher,

Hetfield,

Brogan,

Hershey,

Brown,

Higgins,

Burton,

Holcomb,

Beyerle,

Hon,

Cason,

Hostetter,

241

Cass,

Chambers,

Cook,
Davis,
De Bruler,

Ferris,

Forrester,

Gregg,

Howell, Mutz, Stone,

Humphreys, Nrwman, Tarkington,

James, Koyes, Van Buskirk, -

Johnson, O'Brien of H., Veatch,

Jones, Packard, Woodruff,

Woolen, and
Mr. Speaker-69.

Kempof Dubois, Pendleton,
Kemp of Vigo, Perry,
Kendrick,

So the House refused to lay the resolution and amendments on
the table.

Mr. Holcomb moved to refer the resolution and amendments to
the Committee on Military affairs.

Mr. Cason moved to amend the motion by referring to a select
committee of five.

The question being on referring to the Committee on Military
Affairs,

The resolution and pending amendments were so referred.

Mr. Cason moved that the committee be requested to report by
Thursday of next week.
Agreed to.

Joint resolution No. 18. A joint resolution endorsing and sanc-
tioning the exjmlsiou of Jesse D. Bright from the United States
Senate,

Vv^as read :hc second time.

Mr. Hanna moved that the resolution lie on the table.
Messrs. Brown and Griffith demanded the ayes and noes.
Those who voted in the affirmative ivere —

Messrs.

Harden of W.,

Lemmon of S.,

Richardson,

Abbett,

Harney,

Ma^on,

Rippey,

Blocher,

Hetfield,

McCaughey,

Roberts,

Brogan,

Holcomb,

Miller,

Ryan,

Brown,

Howard,

Milroy,

Shaffer,

Burton,

Howell,

Mutz,

Shoaffof AUen.

Collins,

Humphries,
. J.— 16

Niblackj

Shoaff of Jay,

242

Cook, Kemp of Dubois, O'Brien of M., Spencer,

Donaldson, Kemp of Vigo, Osborne, Veach,

FeiTis, Lake, Packard, Waterman,

Given, Lasselle, Pendleton, Wolfe,

Hall, Lee, Puett, Woollen, and

Hanna, Leramon of H., Reitz, Mr, Speaker-52.

Those ivho voted in the nesrative were —

Messrs.

De Bruler,

Kendrick,

O'Brien of H.,

Anderson,

Forrester,

Kilgore,

Perry,

Atkison,

Gregg,

Lamb,

Pettibone,

Baker,

Gregory,

Leeds,

Robinson,

Budd,

Griffith,

Marshall,

Roe,

Beyerle,

Hershey,

Moorman,

Stone,

Cason,

Higgins,

Morgan,

Tarkington, .

Gass,

Hostetter,

Mustard,

Van Buskirk and

Chambers,

James,

Newman,

Woodrufi— 38.

Davis,

Johnson,

Noyes,

So the resolution lay on the table.

Joint resolution No. 19, was read the second time and referred to
the Commiitee on the Judiciary.

Joint resolution No. 20. A joint resolution instructing our
Senators, and requesting our Representatives in Congress, to en-
deavor to procure an appropriation for the improvement of the
harbor at Michigan City ;

Was read the second time and ordered to be engrossed.

Joint resolution No. 21. A joint resolution in regard to what is
known as the Morrill Tariff";
Was read the second time.

Mr. Hanna moved to refer the resolution to the Committee on
Agriculture.

Mr. Beyerle moved that the resolution lie on the table.

Not agreed to.

The resolution was referred to the Committee on Agriculture.

Joint resolution No. 22, was read the second time, and ordered
to be engrossed.

Mr. Roberts moved that the rule be suspended and the resolution
read a third time now.

The question being on the suspension of the rule.

Those ivho voted in the affinnative were —

Messrs.
Abbett,

Hetfield,
Holcomb,

McCaughey,
Mason,

Rippey,

Roberts,

Blocher,

Hon,

Miller,

Robinson,

Brogan,
Brown,

Howard,
Howell,

Milroy,
Moorman,

Roe,
Ryan,

Burton,
Collins,

Humphreys,
Johnson,

Mutz,

Niblack,

Shaffer,
ShoafT of Allen,

Cook,
De Brnler,
Ferris,

Kemp of Dubois
Kemp of Vigo,
Kilgore,

, O'Brien of H.,
O'Brien of M.,

Osborne,

Shoaff of Jay,

Spencer,

Tarkington,

Given,

Lake,

Packard,

Veach,

Griffith,

Lasselle,

Pendleton,

Waterman,

Hall,

Lee,

Puett,

Wolfe,

Hanna,

Lemmon of H.,

Reitz,

Woollen and

Harden of W.,

Lemmon of S.,

Richardson,

Mr. Speaker-61

Harney, Marshall,

Those ivho voted in the ne":ative were-

Messrs.

Chambers,

Hostetter,

Newman,

Anderson,

Davis,

Jones,

Noyes,

Baker,

Forrester,

Kendrick,

Perry,

Budd,

Gregg,

Lamb,

Petti bone.

Beyerle,

Gregory,

Leeds,

Stone,

Cason,

Hershey,

Morgan,

Van Buskirk and

Cass,

Higgins,

Mustard,

Woodruff— 27.

So the rule was not suspended.

The resolution was ordered to be engrossed.

Joint resolution No. 23. A joint resolution in reference to the
collection of Federal taxes by State revenue officers ;

Was read the second time, and ordered to be engrossed. ■ .

244

Joint resolution No. 24. A joint resolution for the relief of sick
and wounded soldiers ;

Was read the second time, and ordered to be engrossed.

Joint resolution No. 25. Instructing our Senators, and request-
ing our Representatives, to vote against the emancipation procla-
mation of President Lincoln ;

Was read the second time.

Mr. Lamb moved to refer to the Committee on Federal Relations.

Mr. Ferris moved to lay the motion to refer on the table.
Agreed to.

The resolution was ordered to be engrossed.

Joint resolution, of the Senate, No. 1, Proposing amendments to
article eight, and twenty-third Section of article four, of the Consti-
tution, enabling cities, townships and towns to levy taxes for the
support of common schools ;

Was read the second time and referred to the Committee on
Education.

Joint resolution of the Senate, No. 2. A joint resolution pro-
posing an amendment to the 2d section of article 2, of the Consti-
tution, so that the Legislature may more effectually guard against
fraudulent voting — to provide for laws necessary to secure that ob-
ject;

Was read the second time, and referred to the Committee on
Elections.

The Speaker announced the following select committees:

Select committee of one from each Congressional District, on
apportionment of the State for Senators and Representatives:

Messrs. Donaldson, Holcomb, Howard, Cook, VanBuskirk, Moor-
man, Mason, Puett, Hetfield, Davis, and James.

Select committee of one from each Congressional District, on
apportionment of the State for Congressional purposes:

Messrs. Shaffer, Harden of Washington and Harrison, Abbett,
H ill, Perry, Atkison, Abdill, Miller, Shoaff of Allen, and McCau-
«hey.

245

Select committee on the subject of inviting the Legislature of
Kentucky, and other States :

Messrs. Roberts, Given, Blocher, Roe, Moorman, Woollen,
Hanna, Cason, Lasselle, Griffith, and Lake.

The House adjourned until to morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, A. M.,
January 29, 1863.

The House met.

The Journal was read and approved.

The Speaker announced the following select committees:

Select committee of seven, to examine the arsenals under the
control of the State :

Messrs. Harney, Roberts, Tarkington, Baker, Collins, Kemp of
Vigo, and Marshall.

The following were added by the House : Messrs. Milroy and
Anderson.

Select committee to examine and report as to the absence from
the State Library of the House Journal of special session of 1858:
Messrs. Cass, Donaldson, and Veach.

Select committee of five, to whom is referred joint resohition
No. 15, introduced by Mr. Packard, in regard to Indiana soldiers :
Messrs. Packard, Roberts, Leeds, Pendleton, and Stone.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. O'Brien of Hamilton :

A petition asking for a change of the laws in relation to road
corporations.

Referred to the Committee on Corporations :

By Mr. Hanna:

246

A petition asking for a change of the collection laws, so as to
make debts collectable at the place where contracted.
Referred to the Committee on the Judiciary.

By Mr. Niblack : • i

A petition on the same subject.

Referred to the Committee on the Judiciary.

By Mr. Shoaff of Allen :

A petition on the same subject.

Referred to the Committee on the Judiciary.

By Mr. Roberts :

A petition from A. J. Cotton, of Dearborn county.
Referred to the Committee on Agriculture.

By Mr. Newman:

A petition asking for a law for the taxation of the property of
colored persons, for the education of the children of colored per-
sons.

Referred to the Committee on Education.

REPORTS FROM STANDING COMMITTEES.

By Mr. Roberts, Chairman of the Committee on Elections :
Mr. Speaker :

The Committee on Elections, to which was referred the notices
of Messrs. James K. Plummer and James H. Kennedy, contesting
the seats of Hon. John S. Tarkington and Hon. William H. Ken-
drick, the sitting members of this House, from the county of Ma-
rion, have had the same under consideration, and have instructed
me to report said notices back to the House, and recommend that
they lie upon the table.

The report was concurred in.

By the same : ' • ' . -'

Mr. Speaker :

The Committee on Elections, to whom was referred House bill

247

No. 36, (introduced by Mr. Gregg,) have had the same under con-
sideration, and have instructed me to report the same back to th^
House, and recommend that it lie on the table.
The report was concurred in.

By Mr. Spencer, from the same committee :

Mr. Speaker :

A majority of the Committee on Elections, to whom was re-
ferred joint resolution No. 9, (introduced by Mr. Cason,) have in-
structed me to report the same back to the House, and recommend
that it lie on the table.

Mr. Roberts made the following minority report from the same
committee :

Mr. Speaker :

The minority of the Committee on Elections, to whom was re-
ferred joint resolution No. 9, (introduced by Mr. Cason,) have in-
structed me to report the same back to the House, and recommend
its passage.

Mr. Cason moved to amend the majority by inserting the mi-
nority report.

Mr. Hanna moved to refer the resolution and reports to the
Committee on the Judiciary.

It was so referred.

Mr. Roberts, the chairman of the Committee on Elections, made
the following majority report:

Mr. Speaker:

A majority of the Committee on Elections, to whom was refer-
red Joint Resolution No. 12, introduced by Mr. Cason, have in-
structed me to report the same back to the House, and recommend
its passage.

Mr. Spencer, from the same committee, made the following
minority report :

Mr. Speaker:

The minority of the Committee on Elections to whom was

248

referred Joint Resolution No. 12, intrcduced by Mr. Cason, have
instructed me to report the same back to the House, and recom-
mend that the same lie on the table.

Mr. Brown moved to refer the resoluiion and reports to the Com-
mittee on the Judiciary.

Mr. Humphreys moved that the joint resolution be indefinitely
postponed ;

Upon which question Messrs. Roberts and Atkison demanded
the ayes and noes. _

Those who voted in the affirmative were —

Messrs.

Given,

Lee,

Puett,

Abbett,

Hetfield,

Lemmon of H.

, Rippey,

Brown,

Howk,

Milroy,

Shaffer,

Burton,

Humphreys,

Niblack,

Shoaff of Jay,

Cook,

Kemp of Duboi;-

, O'Brien of M.,

Spencer, and

Donaldson,

Kemp of Vigo,

Pendleton,

Williams— 25.

Ferris,

Lasselle,

Those

ivho voted in the nt

'gative were —

Messrs.

Griffith,

Lake,

Packard,

Anderson,

Hall,

Lanib,

Pettibone, ^

Atkison,

Harden of W.,

Leeds,

Richardson,

Baker,

Hardin of P.,

Lemmon of S.,

Roberts,

Blocher,

Harney,

Marshall,

Robinson,

Brogan,

Hers hey.

Mason,

Roe,

Budd,

Holcomb,

McCaughey,

Ryan,

Beyerle,

Hon,

Moorman,

Shoafl' of Allen,

Cason,

Hostetter,

Morgan,

Stone,

Chambers,

Howard,

Mustard,

Tarkington,

Collins,

Howk,

Mutz,

Van Buskirk,

Davis,

James,

Newman,

Veatch,

DeBruler,

Johnson,

Noyes,

Wolfe,

Forrester,

Jones,

O'Brien of H.,

Woodruff, and

Gregg,

Kendrick,

Osborne,

Mr. Speaker-61

Gregory,

Kilgore,

So the resolution was not indefinitely postponed.

The question being, shall the resolutions and reports be referred
to the Committee on the Judipiary ?

249

It was so referred.

On motion,
The House adjourned till 2 o'clocl;, P. M.

2 o'clock, p. M.
The House met.

Mr. Griffith offered the following resolution :

Whereas, The land of Henry Clay, John J. Crittenden, Joseph
Holt, Cassius M. Clay, and Thos. F. Marshall, the old Stale of
Kenlueky, has been conspicuous for eloquence, patriotism and
chivalry, and has hitherto been an object of our warmest regards;
therefore,

Resolved by this Hoifse, {the Senate concurring,) That with emo-
tions of ardent hope and intense pleasure, we hail the evidences of
true patriotism contained in the following joint resolution, ofl'ered
in the Senate of the commonwealth of Kentucky, by Mr. Geceiss :

Resolved by the General Assembly of the Commomvealth of Ken-
tucky, That the Federal Government of the United States being
engaged in a terrible war for the suppression of a causeless and
wicked rebellion, which aims to sunder the Union and destroy the
Government, Kentucky being an integral portion of the Govern-
ment, a loyal State thereof, and having long since plighted her
faith to that Government, to aid in the suppression of the rebellion
and the restoration of the Government, with the rights of all the
States, that notwithstanding she holds opinions adverse to the
policy and constitutional power of some of the war measures of
the Chief Executive of the Nation, still unwavering in her devo-
tion and attachment to the Government other illustrious ancestors
and revolutionary sires. She again reiterates her pledges of
fidelity to the great common cause, and with all her energies, with
all her power, and with all her means, will advance steadily for-
ward in the prosecution of the war, to the crushing of the rebel-
lion, and the restoration of the Union and the Constitution.

250

Mr. Puett moved to amend by striking out the name of Cassius
M. Clay.

Mr. Van Buskirk moved to strike out all the names in the pre-
amble.

Not agi-eed to.

The question being upon the amendment offered by ]VIi\ Puett,
Messrs. Wolfs and Roberts demanded the ayes and noes.

Those ivho voted in the affirmative were —

Mes.-rs. Harney, Lemmon of H., Richardson,

Abbett, Hetfield, Lemmon of S., Rippey,

Bird, Holcomb, Mason, Roberts,

Blocher, Hon, McCaughey, Ryan,

Brown, Howard, Miller, Shaffer,

Burton, Howell, Milroy, Shoaff of Allen,

Collins, Howk, Mustard, Shoaff of Jay, .

Cook, Humphreys, Mutz, Spencer,

De Brider, Johnson, Niblaek, Veach,

Donaldson, Kemp of Dubois, O'Brien of M., Waterman,

Feri-is, Kemp of Vigo, Osborne, Williams,

Forrester, Lake, Packard, Wolfe,

Hall, Lasselle, Pendleton, Woollen, and

Harden of W., Lee, Puett, Mr. Speaker-56.
Hardin of Perry,

Those who voted in the nei^ative ivere —

Messrs.

Gregory,

Kilgore,

O'Brien of H.,

Anderson,

Griffith,

Lamb,

Perry,

Cason,

Hershey,

Leeds,

Pettibone,

Cass,

Higgins,

Marshall,

Robinson,

Chambers,

Hostetter,

Moorman,

Stone, and

Davis,

James,

Morgan,

Tarkington-25.

Gregg,

So the amendment was adopted.

The resolution was then adopted.

Leave of absence was granted to Messrs. Hetfield, Reitz, and
Gregory.

251

On motion,
Thu order of business was suspended.

Mr. Puett, from a select committee, made the following report :

Mr. Speaker : '

I am directed by ihe select committee, to whom was referred the
resolution to ascertain the number of ap|)ointees of the eledive of-
iicers of the House, and the number of such appointees necessary
for the transaction of the business of tliis House, to submit ihe fol-
lowing report as the result of their investigation :

The committee are satisfied that the number of Clerks in the
departments of the principal and assistant Clerks is not greater
than required to perform the duties of their departments. Also,
that the number of Pages on the floor of the House is not greater
than the efficient and prompt discharge of its business demands.
The committee, therefore, recommend that no change be made as
to the Clerks and Pages. The committee are satisfied, and there
is an unnecessary number of appointees in the department of the
Doorkeeper, and have wasted much time in endeavoring to ascer-
tain their names. Mr. Benedict Burns, the Doorkeeper, has, for his
own reasons, stubbornly refused to furnish them to the committee;
and has, also, refused to discharge any of his employees when re-
quested. The committee, after considering all the facts which have
come within their knowledge, are fully satisfied that Mr. Burns,
the present Doorkeeper, lacks the proper qualifications for discharg-
ing the duties of Doorkeeper of this House, and, therefore, submit
the following resolution, and recommend its adoption :

Resolved, That this House do now dispense with the services of
Benedict Burns, as Doorkeeper.

The committee further state that there are a number of the ap-
pointees of the Doorkeeper who have faithfully discharged their
duties in their difierent stations, and herewith submit their names,
and recommend they be retained in their places, and that those
whose names are not mentioned herein, be discharged :

Col. Jeptha Garagus, J. P. Frazier, Daniel Paisley Sturgeon, J.
D. English, Stone J. Lanahan, Thomas Dorsey, J. McClurg, Rich-
ard Robinson, Hugh Penticost, Paul .

The committe further recommends that J. P. Frazier be directed

252

by the House to act as Doorkeeper thereof until a Doorkeeper be
elected. All of which is respectfully submitted.

On motion of Mr. Roberts, the further consideration of the re-
port was postponed until to-morrow at 10 o'clock, A. M., and made
the special order for that hour.

ORDERS OF THK DAY.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has adopted llie following concurrent resolution :

Whereas, It is especially due to the people, while the burdens
and sacrifices of a dire civil war are fearfully taxing their energies,
that rigid investigation should be made of the official conduct of
their public servants, to whom the control of public monies may
have been intrusted ; and

Whereas, The people of the State of Indiana demand of the
Legislature a faithful and fearless discharge of such duty, there-
fore

Resolved^ That a special committee of five be appointed by the
President of tlie Senate to investigate the expenditures in the State
Quartermaster's Department, the purchase of arms by the State,
and the management of the State Arsenal ; and that said commit-
tee be authorized to send for persons and papers, and report the re-
sult of their investigations, in which the concurrence of the House
is requested ; and the President of the Senate has, on the part of
the Senate, appointed on said committee Senators Brown of Wells,
Cobb, Downey, Brown of Randolph, and New.

Mr. Brown moved that the resolution of the Senate be concurred

in, with tlie following amendment.

Insert, in the proper place, "and a committee of five upon the part
of the House, to act with the committee on the part of the Senate."

Mr. Tarkington moved to amend the am.endment by adding to
said resolution, after the words "persons and papers," and in mak-
ing such investigation, said committee shall notify such Quarter-

253

master, whose department they are about to investigate, of the time
and place of such investigation, and !<aid Quartermaster shall be
entitled to be and appear before such committee in person, and by
attorney, to cross-examine and introduce witnesses in his behalf.
Adopted.

Mr. Higgins offered the following amendment to the amendment:

Add to the section the words " to the General Assembly."
Adopted.

The question being on the concurrence of the House in the res-
olution, and the amendment ottered by Mr. Brown,

Messrs. Packard and Brown demanded the ayes and noes.

Those ivho voted in the affirmative were — ■

Messrs.

Abbett,

Anderson,

Atkison,

Bird,

Bloc her,

Branham,

Brogan,

Brown,

Budd,

Burton,

Beyerle,

Cason,

Cass,

Chambers,

Collins,

Cook,

Davis,

DeBruler,

Donaldson,

Ferris,

Forrester,

Given,

Gregg,

Gregory,

GrilEth,

Hali,

Hanna,

Harden of W.,

Hardin of P.,

Harney,

Hetfieid,

Hershey,

Higgins,

Holcomb,

Koi),

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

James,

Johnson,

Jones,

Kendriek,

Kilgore,

Lake,

Lamb,

Lasselle,

Leeds,

Lemmon of H

Lemmon of S.,

Marshall,

Mason,

McCaughey,

Miller,

Milroy,

Moorman,

Mustard,

Mutz,

Newman,

Niblack,

Noyes,

O'Brien of H.,

O'Brien of M.,

Kemp of Dubois,Osborne,
Kemp of Vigo, Packard,

Pendleton,
Perry,
Puett,
Richardson,
Rippey,
Roberts,
, Robinson,
Roe,
Ryan,
Shaffer,

Shoaff of Allen,
Shoaff of Jay,
Spencer,
Stone,
Tarkington,
Van Buskirk,
Veach,
Waterman,
Williams,
Wolfe,
Woodruff,
Woollen, and
Mr. Speaker-9L

Mr. Lee voted in the negative — 1.

254

So the resolution of the Senate was concurred in, with the
amendment.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has adopted the following concurrent resolution :

Resolved, That a select committee of one from each Congres-
sional District, be appointed on the part of the Senate, to act with
a like committee to be appointed on the part of the House, to pro-
pose and present to the Senate an apportionment bill, districting
the State for Representatives in the Congress of the United States,
in which the concurrence of the House is requested ; and the Presi-
dent of the Senate has appointed the following Senators on said
committee :

Senators Ray, Fuller, Wolfe, Shields, Pleak, March, Wilson,
White, Teegarden, Graves, and Brown of Wells.

Which was informally laid on the table.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the Senate to inform the House, that the Sen-
ate has passed the accompanying concurrent resolution : •

Resolved, That a select committee of one from each Congres-
sional District, be appointed on the part of the Senate, to act with
a like committee to be appointed on the part of the House, to pre-
pare and present to the Senate an apportionment bill, districting
the State for State Senators and Representatives in the General
Assembly, in which the concurrence of the House is respectfully
requested ; and the President of the Senate has appointed the fol-
lowing Senators on said committee on the part of the Senate :

Senators Williams, Bradley, Hord, GifFord, Mellett, Blair, John-
son, Culver, Corbin, Hoagland and Grubb.

Which was informally laid upon the table.

A message from the Senate, by Mr. Vawter, their Secretary :
Mr. Speaker:

255

I am directed by the Senate to inform the House that the Senate
has adopted the following concurrent resolution :

Whereas, All governments derive their jnst honors from the
consent of the people governed, and no people can give that con-
sent without a just knowledge of the acts of their agents ; and

Whereas, An over taxed and heavily burdened people, every-
where, are demanding earnestly of their Representatives and agentf*
in every department, air observance of that rigid economy which
alone can preserve the integrity, vigor, and life of any government,
or the liberties of her people ; therefore, in order to further the ac-
complishment of said objects.

Be it resolved by the Senate {the House of Represeyitaiives con-
curring), That a committee of five, two from the Senate and three
from the House, be appointed to wait upon His Excellency, Gov-
ernor Morton, and request him to fix a time, at as early a day as
possible, when he will report to this Legislature how much of the
one million appropriated May 31, 1861, came to his hands; also,
how much of the one hundred thousand, appropriated as a contin-
gent for the Governor, came into his hands, and what amount, if
any, of bonds were issued by him, under an act approved May 13,
1861, to authorize the Governor to issue bonds, &c., and for him
to give a detailed statement of the disbursement of said funds ;
also for him to report to this Legislature whether the Federal Gov-
ernment has not paid to him, for the benefit of the State, an amount
sufficient to cover all, or nearly all, the advances made by the State
on account of the war; also to report to this Legislature what
offices and employees, growing out of the present war, are now
being paid by the State ; the salaries and other expenditures of
said employees and officers charged to the State ; and what other
expenditures, if any, growing out of the same cause, is being
charged against the State ; in which the concurrence of the House
is respectfully requested : and the President of the Senate has ap-
pointed the following Senators on the part of the Senate:

Senators Corbin and Claypool.

The resolution of the Senate was concurred in.

BILLS ON THEIR THIRD READING.

House bill No. 9. To repeal an act to ascertain the fees of cer-
tain officers;

Was read the third time.

256

The question being, shall the bill pass?

Those iL'ho voted in the affirmative were —

Messrs.

Forrester,

Johnson,

Pendleton,

Abbett,

Given,

Kemp of Dubois

', Perry,

Anderson,

Gregg,

Kemp of Vigo,

Pettibone,

Baker,

Gregory,

Kilgore,

Puett,

Bird,

Hall,

Lake,

Richardson,

Blocher,

Hanna,

Lasselle,

Rippey,

Brogan,

Harden of W.,

Leeds,

Roberts,

Brown,

Hardin of Perry

, I^emmon of H.

, Robinson,

Budd,

Hetfield,

Lemmon of S.,

Ryan,

Burton,

Hershey,

Marshall,

Shaffer,

Cason,

Higgins,

Mason,

Shoatf of Allen,

Cass,

Holcomb,

McCaughey,

ShoafF of Jay,

Chambers,

Hon,

Miller,

Spencer,

Collins,

Hostetter,

Mihoy,

Stone,

Cook,

Howard,

Mutz,

Veach,

Davis,

Howell,

Niblack,

Williams,

De Bruler,

Howk,

O'Brien of M.,

Wolfe,

Donaldson,

Humphreys,

Osborne,

Woollen, and

Ferris,

James,

Packard,

Mr. Speaker-75.

Those who voted in the nes'ative v^ere —

Messrs.

Lamb,

Griffith,

Lee,

Harney,

Moorman,

Jones,

Morgan,

Mustard, Tarkington,

Noyes, Van Buskirk,

O'Brien of H., Waterman, and

Roe. Woodruft— 16.

So the bill passed.

Ordered^ That the Clerk inform the Senate thereof.

House bill No. 15. An act to authorize the Governor to issue a
patent to Aaron Foster for certain Michigan Road lands in La-
porte county;

Was read the third time.

The question being, shall the bill pass?

Those vjho voted in the affirmative were —

257

Messrs.

Anderson,

Atkisoii,

Bird,

Blocher,

Bran ham,

Brogan,

Brown,

Budd,

Burton,

Beyerle,

Cason,

Cass,

Chambers,

Collins,

Cook,

Davis,

De Bruler,

Donaldson,

Ferris,

Forrester,

Gregg,

Gregory,

GritBth,

Hall,

Hanna,

Harden of W.,

Hardin of Perry

Harney,

Hetfield,

Hershey,

Higgins,

Holcomb,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

James,

Johnson,

Jones,

Kempof Duboii^

Kemp of Vigo,

Kendrick,

Kilgore,

Lake,

Lamb,

Lasselle,

Lee,
, Leeds,

Lemmon of H.,

Lcmmon of S.,

Marshall,

Mason,

McCaughey,

Miller,

Milroy,

Moorman,

Morgan,

Mustard,

Mutz,

Niblack,

Noyes,

O'Brien of K,
, O'Brien of M.,

Osborne,

Packard,

Pendleton,

Perry,

Petiibone,

Puctt,

Richardson,

Rippey,

Roberts,

Robinson,

Roc,

Ryan,

Shaffer, '

Shoaff of Allen,

Shoaff of Jay,

S pencer.

Stone,

Tarkington,

Van Buskirk,

Veach,

V^^aterman,

Williams,

Wolfe,

Woodruff,

Woollen, and

Mr. Speaker-91.

None votinsf in the nesfative.

So the bill passed.

Ordered. That the Clerk iiifi)rm the Senate thereof.

A mes,-age from the Senate, by Mr. Vawter, their Secretary:

Mr. Speak kr :

I am directed by the President of the Senate to inform the
House of the passage of the following resolutions:

Resolved. That the members and officers of the Senate have re-
ceived, with deep sensibility, the melancholy intelligence of the
death of the Hon. Thomas Shoulders, late a Senator from the
county of Dubois.

Resolved, That in token of respect for the memory of the de-
ceased, the members and officers of the Senate will wear the usuaL
H. J.— 17

258

badge of mourning during the remainder of the present session of
the General Assembly.

Resolved, That arrangements be made at the expense of the
State to convey the body of the deceased to his family residence.

Resolved., That the members and officers of the Senate will form
in procession at the Farmers' Hotel on Illinois street, on the 30th
Inst., at 7 o'clock A. M,, and from thence attend the corpse to the
Union Depot.

Resolved, That his Excellency the Governor, the Judges of the
Supreme Court, and the other officers of the State now at the seat
of Government, be invited to unite in the procession, and that
joint participation on the part of the members and officers of the
House of Representatives be requested.

Resolved., That the President of the Senate be directed to ap-
point two Senators to accompany the remains of our departed
friend to his late residence in the county of Dubois, under the
charge of the Sergeant-at-Arms.

Resolved, That the President of the Senate transmit a copy of
these resolutions to the family of the deceased.

Resolved, That a committee be appointed to make the requisite
arrangements upon this mournful occasion.

Resolved, That, as a further token of respect for the deceased,
•we do now adjourn.

The President of the Senate has appointed Senators March,
Cobb, and Ray, a committee to make the proper arrangements on
the mournful occasion.

And the President of the Senate has appointed Senators Wil-
liams and Shields to accompany the remains of the deceased Sen-
ator to his late home in Dubois county, Indiana.

In which the concurrence of the House of Representatives is
lespectfully requested.

The resolutions of the Senate were concurred in.

.Mr. Niblack moved that a committee of two be appointed on

259

the part of the House to accompany the remains of the Senator to
his late residence, to which the House consented.

Messrs. Kemp of Dubois and De Bruler were appointed such
committee.

Mr. Brown moved that a committee of arrangements, consisting
of three, be appointed to act in concert with the committee of the
Senate appointed for that purpose.

Agreed to.

Messrs. Branham, Niblack, and Holcomb were appointed said

committee.

The House then adjourned.

FRIDAY MORNING, }
January 30, 1863. j

House met.

The reading of the Journal was dispensed with.

The order of business was dispensed with.

House bill No. 54. An act to authorize County Treasurers to
offer lands delinquent for taxes for sale at the Auditor's office;
Was read the third time.

Mr. Morgan moved to recommit the bill, with instructions to
strike out the emergency clause.

Mr. Budd moved to further instruct the Committee to report an
amendment legalizing the sales of delinquent lands, at the Audit-
or's office, in counties where there are no Court Houses.

The bill and amendments were recommitted to the Committee
on the Judiciary.

BILLS INTRODUCED.

By Mr. Lake:

260

House bill No. 107. An act for the relief of Nineveh Berry.
The bill was read the first time, and passed to a second reading.

By Mr. Spencer :

House bill No. 108. An act to amend the sixteenth section of
an act entitled an act providing for the organization of County
Boards, and prescribing some of their duties, approved June 17,
1852.

The bill was read the first time, and passed to a second reading.

By Mr. Miller : ' ■ '

House bill No. 109. An act for the relief of borrowers of the
Sinking Fund, and to amend section one, of an act for the relief of
borrowers of the Sinking Fund, approved March 9, 1861.

The bill was read the first time, and passed to a second reading.

By Mr. Roberts : ■

House bill No. 110. An act to amend section one of an act
entitled " An act to amend section Ihree of an act entitled ' An act
for the regulation of Weights and Measures,' '' approved February
28, 1855.'^

The bill was read the first time, and passed to a second reading.

By Mr. "Waterman :

House bill No. 111. An act to provide for the transfer of Sink-
ing Fund Mortgages to Counties which are entitled to dividends
of said fund, and prescribing the duties of certain officers, and per-
sons wishing such transfer ; and repealing all laws and parts of
laws coming in conflict with this act.

The bill was read the first time, and passed to a second reading.

By Mr. McCaughey:

House bill No. 112. An act to amend section 119 of an act
entitled an act to provide for the valuation and assessment of real
and personal property, and the collection of taxes in the State of
Indiana for the election of Township Assessors, and prescribing the
duties of Assessors, Appraisers of Real Property, County Treasur-
ers, Auditors, and of the Treasurer and Auditor of State, approved
January 21^ 1852.

261

The l)ill was read the first time, and passed to a second reading.
By Mv. O'Brien of Hamilton :

House bill No. 113. An act to amend section fourteen of an
act entitled " An act authorizing the construction of plank, maca-
damized and gravel roads," approved May 12, 1852, and to extend
the time in which companies organized under said act shall com-
mence and complete the construction of their roads.

The bill was read the first time, and passed to a second reading.

By I\I:-. Miller :

House bill No. 114. An act entitled an act requiring Recorder's
to certify to their record of deeds, mortgages and other instruments
admissible to record.

The bill was read the first time, and passed to a second reading.

By Mr, Holcomb:

House bill No. 115. An act to amend an act entitled an act to
provide for the protection of wild game, defining the time in which
the same may be taken or killed, and declaring the penalty for the
violation of this act.

The bill was read the first time, and passed to a second reading.

By Mr. Howk :

House bill No. 116. A bill for an act to amend the seventh
section of an act entitled " An act to provide for the election of a
reporter, and a speedy publication of the decisions of the Supreme
Court, and for the compensation of such Reporter," approved Feb-
ruary 5, 1852.

Tiie bill was read the first time, and passed to a second reading.

Messrs. Pettibone, Wolfe, Milroy, Noyes, Beyerle, James, Brown,
Garvin, Shaffer and Leeds, obtained leave of absence.

The Committee on the Aflfairs of the States' Prisons North and
South, obtained leave of absence for four days of next week.

The special order being the consideration of the report of the
Select Committee in relation to the employees of the House, Mr.
Puett asked a division of the question.

262

Mr. Roberts moved that the doorkeeper be heard in his own de-
fense.

Agreed to.

Mr. Leeds moved that the further consideration of the special
order be postponed until Wednesday next, at 10 o'clock, A. M., and
made the special order for that hour.

Not agreed to.

Mr. Roberts moved that the resolution reported by the committee
lie on the table.

Messrs. Puett and Anderson demanded the ayes and noes. '
Those ivho voted in the affirmative ivere —

Messrs.

Davis,

Hall,

Leeds, and

Perry — 4.

Those ivho voted in the negative were —

Messrs.

Griffith,

Lamb,

Packard,

Abbett,

Harden of W.,

Lasselle,

Pendleton,

Anderson,

Hardin, of P.,

Lee,

Puett,

Atkison,

Harney,

Lemmon of S.,

Richardson,

Baker,

Higgins,

Lemmon of H.

, Rippey,

Bird,

Hetfield,

Marshall,

Roberts,

Branham,

Holcomb,

Mason,

Robinson,

Brogan,

Hon,

McCaughey,

Roe,

Brown,

Hostetter,

Miller,

Ryan,

Burton,

Howard,

Milroy,

Shaffer,

Budd,

Howell,

Moorman,

Shoaff of Allen,

Beyerle,

Howk,

Morgan,

Shoaff of Jay,

Cass,

Humphreys,

Mustard,

Spencer,

Chambers,

James,

Mutz,

Stone,

Collins,

Johnson,

Newman,

Tarkington,

Cook,

Jones,

Niblack,

Van Bnskirk,

Donaldson,

Kemp of Vigo,

, Noyes,

Veach,

Ferris,

Kendrick,

O'Brien of H.,

Williaip.s,

Forrester,

Kilgore,

O'Brien of M.,

Wolfe, and

Given,

Lake,

Osborn,

Woodruff— 78.

Gregg,

So the House refused to lay the resolution on the table.

263

Mr, Anderson moved to reconsider the vote on the motion to
permit the doorkeeper to be heard in his own behalf.
Which was agreed to.

The question then being on the motion made by Mr. Roberts,
that the doorkeeper be heard in his own behalf;
It was again adopted.

Messrs. Veaeh and Johnson obtained leave of absence.
The House adjourned until two o'clock P. M.

2 o'clock p,

House met.

The report of the select committee being still under considera-
tion, IMr. Lasselle moved that the matter })ending be referred to a
select committee of five, to whom the doorkeeper shall furnish
the number and names of his appointees, and that the committee
be instructed to report on Wednesday morning next.

Mr. Abbett moved that the motion lie on the table.

The question being on the motion to lie on the table, Messrs.
Mason and Roberts demanded the ayes and noes.

T/iose 2vho voted in the affirmative ivere —

Messrs.

Cass,

Jones,

O'Brien of H.,

Abbett,

Chambers,

Kendrick,

O'Brien of M.,

Anderson,

Davis,

Lamb,

Richardson,

Atkison,

Gregg,

Lemmon of H.

, Robinson,

Baker,

Griffith,

Marshall,

Roe,

Bird,

Harney,

Moorman,

Tarkington,

Bran ham.

Holcomb,

Morgan,

Van Buskirk

Brown,

Hon,

Newman,

Waterman, and

Budd,

Howk,

Noyes,

Woodruff— 37.

Burton,

Johnson,

264

Those tvho voted in the negative ivere — .

Messrs. Harden of W., Leeds, Rippey,

Bloeher, Hardin of Perry, Lenamon of S., Roberts,

Brogan, Higgiiis, Mason, Ryan,

Beyerle, Hostetter, Milroy, ShafTer,

Collins, Howard, Mustard, ShoafFof Allen,

Cook, Howell, Muiz, Shoaff of Jay,

Ferris, Humphreys, Ni black, Spencer,

Forrester, Kemp of Vigo, Osborn, Stone,

Given, Kilgore, Packard, Williams, and

Hall, Lake, Pendleton, -Mr. Speaker-42.

Hanna, Lasselle, Perry,

So the motion was not laid on the iable.

The motion to refer to the select committee of five was adopted.
The Speaker appointed Messrs. Lasselle, Abbett, Moorman,
Roberts, and Chambers, said committee.

BILLS IXTRODUCED.

By Mr. Packard : - ' "

House bill No. 117. An act to authorize the transfer of the con-
gressional township school fand, which accrued from the sale of
school lands within the territory now forming the county of New-
ton, to said county from the county of .Jasper.

The bill was read, and passed to a second reading.

By Mr. Van Buskirk :

House bill No. 118. An act to amend the twelfth section of an
act entitled "an act to regulate and license the sale of spirituous,
vinous, malt, and other intoxicating liquors, to prohibit the adulter-
ation of liquors, to repeal all former laws contravening the provis-
ions of this act, and prescribing penalties for the violation thereof.

The bill was read, and passed to a second reading.

By Mr. Shaffer:

House bill No. 119. An act to amend the twenty-first section
of an act entitled an act to fix the times of holdins: the common

26o

pleas courts in the several counties of tliis State, the duration of
the terms thereof, and making all process from the present common
pleas courts returnable to such terms, and declaring wlien this act
shall take effect, and repealing all laws inconsistent herewith, ap-
proved March 0, 1859, and providing for the return of process to
the terms tixed by this act, and declaring when this act shall take
effect.

The bill was read and passed to a second reading.

By Mr. Roberts : - . ■ ^

House bill No. 120. An act to amend section eleven of an act
entitled " an act providing for the election and prescribing certain
duiies of county surveyor," approved June 17, 1852.

The bill was read, and passed to a second reading.

By Mr. Lasselle:

House bill No. 121. An act to prohibit and punish arbitrary
arrests.

The bill was read, and passed to a second reading.

By My. Burton :

House bill No. 122. An act amending "an act entitled 'an act
to provide for the more uniform mode of doing township business,
&c.,"' approved February 18, 1859.

The bill was read, and passed to a second reading.

By Z\Ir. Lasselle :

Hor4se bill No. 123. An act to amend sections forty-seven (47)
and forty-nine (49) of an act entitled "An act defining ntisde-
meanors, and prescribing punishment therefor," approved June 14,
1852.

The bill was read, and passed to a second reading.

By My. Packard:

House bill No. 124. A bill to amend section second of an act
prescribing the duties and fixing the compensation of State Agent,
approved June 17, 1852.

The bill was read the first time.

266

Mr. Packard moved that the rules be suspended, and the bill read
the second time now.

The question being, shall the rules be suspended?

Those who voted in the affirmative were —

Messrs.

Given,

Lamb,

Puett,

Abbett,

Gregg,

Lasselle,

Richardson,

Baker,

Hal!,

Lemmon of H..

, Roberts,

Bird,

Harden of W.,

Marshall,

Ryan,

Blocher,

Hardin of Perry.

, Miller,

Shafler,

Branham,

Harney,

Milroy,

Shoatr of Allen.

Brogan,

Holcomb,

Moorman,

Shoaff of Jay,

Brown,

Hon,

Mutz,

Spencer,

Budd,

Howard,

Niblack,

Tarkington,

Burton,

Howell,

Noyes,

Van Buskirk,

Beyerle,

Howk,

O'Brien of H.,

Waterman,

Cass,

Humphreys,

Osborn.

Woodrnt?,

Chambers,

Kemp of Vigo,

Packard,

Woollen, and

Collins,

Kilgore,

Pendleton,

Mr. Speaker-57,

Cook,

Those laho voted in the negative were —

Messrs.
Anderson,
Atkison,
Davis,

Griffith,
Higgins,
Hostetter,
James,

Johnson,

Leeds,

Morgan,

Mustard,

Pettibone,
Robinson,
Roe, and
Stone— 16.

The Chair decided that the rule was not suspended.
From which decision Messrs. Packard and Harney made the fol-
lowing appeal to the House.

M. A. O. Packard, upon the first reading of Hous(> bill No. 124,
introduced by him, moved that the rules be suspended and the bill
read a second time now. The "ayes'' and " noes" being called upon
that motion, there were found to be 57 voting in the affirmative, and
16 in the negative, whereupon the Speaker decided that the constitu-
tional rule was not suspended, to which ruling of the Chaii- Messrs.
Packard and Harney excepted, and hereby take their appeal to the
House, and do so upon the ground that two-thirds of a quorum
were found voting in the atiirmative.

267

The question being, shall the decision of the Chair stand as the
decision of the House ?

Those who voted in the affirmative were —

Messrs.

Davis,

Humphreys,

O'Brien of M.,

Abbett,

Donaldson

James,

Osi:)orn,

Atkison,

Ferris,

Johnson,

Perry,

Anderson,

Forrester,

Jones,

Pueit,

Baker,

Gregg,

Kilgore,

Richardson,

Bird,

Griffith,

Lamb,

Rippcy,

Blofher,

Hall,

Liisselle,

Robinson,

Branham,

Harden of

Lemmon of H.

Roe,

Brogan,

Hardin of Perry

, Marshall,

Ryan,

Brown,

Higgins,

Miller,

Shatter,

Budd,

Holcomb,

Moorman,

Shoaffof Jay,

Burton,

Hon,

Morgan,

Stone,

Beyerle,

Hostetter,

Mustard,

Tarldngton,

Cass,

Howard,

Newman,

VanBusidrk,

Chambers,

Howell,

Noyes,

Williams, and

Collins,

Howk,

O'Brien of H.,

Woodrut{^65.

Cook,

Those ivho voted in the ne^i-ative xvere-

Messrs. Niblack.

Given, Packard,

Harney, ■ Pendleton,

So the decision of the Chair was sustained

Roberts, Spencer, and

Shoaffof Allen, Woollen— 9.

By consent of the House,

Mr. Niblack offered the following resolution, which Vv'as adopted:

Resolved, That when this House adjourns, it will adjourn until
Monday next, at 2 o'clock, p. si.

The House took up the resolution of Mr. Pendleton, relative to
appointing a committee to examine bills of the House as to Or-
thography, Grammar, Punctuation, &c.

On motion of Mr. Moorman,

The resolution was referred to a select committee of two.
Messrs Pendleton and Lasselle were appointed said Committee.

268

The Speaker laid before the House a communication from the
President of the Benevolent Institutions of the State;
AVhich was informally laid on the table.

The S[)eaker laid before the House a communication from the
State Board of Agriculture.

Referred to the Committee on Agriculture. ^

Mr. Kilgore offered the following resolution:

Resoh't'd, That the doorkeeper be authorized to have furnished
eacli nieraber, three additional copies of each of the daily and
weekly p.ipers now furnished, enveloped and stamped, to be regu-
larly mailed l.)y the members to the soldiers who are battling to pre-
serve the Union.

The rcsolniioa was not adopted.

The House adjourned until 2 o'clock on Monday.

MONDAY, February 2, 1863.
The House met.
The Speaker ordered a call of the House.

Fifty-two members answered to their names.

On motion of Mr. Lasselle,
The House adjourned until to-morrow, at 9 o'clock, A. M.

269

TUESDAY, 9 oVi.ock, A. M., )
February 3, 1863. \

House met.

The Journal of yesterday was read and approved.

Mr. Moorman moved a call of the House, which was ordered.

Sixty-two members answered 1o their names.

Those who were absent without leave were —

Messrs. Hanna, Johnson, Lasselle, Lamb, Morgan, O'Brien of
Martin, Pendleton and Woollen.

On motion of Mi". Moorman,

The House adjourned until 2 o'clock, P. M.

J O CLOCK, p. M.

The House met.

Upon a call of the House, sixty-nine members answered to their
names.

On motion of Mr. Anderson.

All further proceedings under tlic call were suspended.

The Spcalfer laid before the House a communication in reference
to the arsenal.

The reading of the Journal of Friday was dispensed with.

PF.TITIOXS, MEMORIALS A.ND IlKMOXSTRANCES.

By Mr. Given :

A remonstrance in relation to the Court of Common Pleas ;

270

Referred to the Committee on the Organization of Courts.

By Mr. Roberts : ■

A remonstrance in relation to Senate bill No. 38.
Informally laid on the table.-

By Mr. Hall :

A petition in relation to Turnpike Roads and Incorporation of
Towns.

Referred to the Committee on Corporations.

By Mr. Woodruff:

A petition in relation to the education of the children of persons
of color.

Referred to the Committee on Education.

By Mr. Anderson:

A petition asking for a law enforcing the collection of debts
where contracted.

Referred to the Committee on the Judiciary.

By Mr. Harney :

A petition from the citizens of Montgomery County, asking for
legislation to enforce the thirteenth article of the Constitution.
Referred to the select committee on that subject.

Mr. Lasselle, chairman of the Committee on Engrossed Bills,
made the following repoi"t:

Mr. Speaker:

The Committee on Engrossed Bills have carefully compared
House biUs Nos. 4, 22, 27, 44, 66, 69 and 95 ; Senate bill No. 10,
and joint resolutions Nos. 6 and 11, with the originals, and find the
same, in all respects, accurately and correctly engrossed, and cor-
rected under their direction.

The report was concurred in.

Mr. Roberts, from a select committee, made the following report :
Mr. Speaker :

271

A majority of the Select Committee, to which was referred the
concurrent resolution, introduced by Mr. Woollen, proposing a
conlerence of the Legislatures of Ohio, Kentucky, Indiana and Illi-
nois, at Louisville, Kentucky, on the 22d day of February, have
had the same under consideration, and have directed me to report
it back to the House, with the following amendments, and that
when so amended, they recommend its passage :

1st. Strike out in line five, of the first resolution, the following
words, " 22d day of February," and insert the following, " 23d day
of February r

2nd. Strike out in line first, of the second resolution, the follow-
ing words, " His Excellency, the Governor," and insert the " Secre-
tary of State.^'

The committee further recommend that the resolution introduced
by Messrs. Brogan, Lasselle and Blocher, together with accom-
panying amendments, do lie on the table.

The report was informally laid on the table.

Mr. Ferris, from a Select Committee, made the following report:

Mr. Speaker:

The Special Committee, to whom was referred resolution No.
24, of this House, requesting His Excellency, the Governor, to in-
form this House in regard to the disposition of the drafted men
from the several counties, have had the same under consideration,
and herewith report the same back, and recommend the adoption
of the resolution.

Mr. Harney moved to amend by striking out that portion of the
resolution requiring the Governor to report the number of drafted
men from each county.

Agreed to.

The resolution was adopted.

Mr. Lasselle, from a Select Committee, made the following report :
Mr. Speaker :

The Select Committee, to whom was referred, on the 30th ultimo,

272

the matters then under consideration, relating to the nnmber of ap-
pointees by the doorkeeper, and the discharge of that otHcer, liave
had the same under consideration, and have instructed me to
report :

1st. That in their opinion the doorkeeper has made some more
appointments than are required by the demand:^ of the House, at
least for present emergencies. They therefore recommend the pas-
sage of the following resolntion, which they deem to include all the
assistance that is necessary for the present :

Resolved, That the doorkeeper is hereby permitted and directed
to employ, until further orders, the following assistance, and no
more, to wit : — One assistant doorkeeper, one watchman of the hall,
three attendants on the floor of the House for general purposes,
two firemen in the hall, one joint mail carrier acting for the Senate
and House, pne privy and spittoon cleaner, two folders and attend-
ants to stationery room, one doorkeeper for committee rooms, and
two firemen to attend furnace.

2nd, In regard to the cpiestion of the discharge or expulsion of
the doorkeeper, the Committee are of the opinion that their officer
has not been gtiilty of such dereliction of duty, or contempt of the
House, as would justify so harsli a measure as his discharge.

They do think, however, that the doorkeeper did not observe
proper decorum and courtesy towards the former Committee, and
indirectly towards the House, in the employment in his report to
them of the following words, to wit : — " The Black Republican
Legislature had four, and a General Superintendent at four dollars

per day," " All sound Democrats and a d d good set of fellows."

They therefore recommend that the doorkeeper be required to
amend his report to the former Committee, by striking out the
above recited passages therein, and apologize to the House there-
for ; and that, in default thereof, he be reprimanded by the Speaker
in the presence of the Hottse.

Mr. Miller moved that the report lie on the table.
Not agreed to.

The question being shall the House concur in the report,

Messrs. Anderson and Cason demanded the ayes and noes.

273

Those who voted in the affirmative ivere-

Messrs.

Hall,

Lee,

Roberts,

Abbett,

Harden of W.,

Lemmon of H.

, Robinson,

Atkison,

Hardin of P.,

Mason,

Ryan,

Baker,

Hetfield,

McCaughey,

Shatier,

Cass,

Hon,

Miller,

Shoaff of Allen,

Chambers,

Hostetter,

Moorman,

Shoafi'of Jay,

Cook,

Howell,

Morgan,

Spencer,

Davis,

Howk,

Mutz,

Van Buskirk,

Donaldson,

Humphreys,

O'Brien of H.,

Veach,

Ferris,

Lake,

Pendleton,

Wolfe, and

Given,

Lamb,

Perry,

Woollen— 46.

Griffith,

Lasselle,

Richardson,

Those who voted in the nt

'g-ative were —

Messrs.

Gregory,

Kcndrick,

O'Brien of M.,

Anderson,

Harney,

Leeds,

Osborn,

Bird,

Hershey,

Lemmon of S.,

Stone,

Bran ham,

Hutchings,

Mustard,

Tarkington,

Budd,

Jones,

Newman,

Waterman and

Cason,

Kemp of Duboi

s,Niblack,

Woodruft— 25.

Gregg,

Kemp of Vigo,

Noyes,

So the report was concurred in.

RESOLUTIONS OF THE HOUSE.

By Mr. NIblack :

Resolved, That the Committee on Corporfitions be instructed to.
inquire into the expediency of so amending the general law for the
incorporation of cities in this State, as to make a more liberal pro-
vision for appeals from the action of the Mayors and Common.
Councils of such cities, and to report by bill or otherwise.

Adopted.

By Mr. Hall :

Resolved, That the Military Committee be requested to examine

an act making additional general appropriations for the years 1861

and 1862, and defining the funds from which they are to be paid,

and providing for a committee to audit claims upon said appropri-

H. J.— 18

274

ation, and providing for the expenses thereof, approved May 31,
1S61, and see whether any additional legislation is necessary ; also,
whether there are not vacancies that should be filled in said Board
of Commissioners.
Adopted.

By Mr. Newman :

Resolved, That the Committee on the Judiciary be instructed to in-
quire into and ascertain whether, under existing laws, the marriage
of a female w^ard to a person of full age, discharges the guardian
from the control of her personal property, and report by bill or oth-
erwise.

Adopted.

By Mr. Budd : ., .

Resolved, That the Committee on County and Township Busi-
ness be instructed to inquire into the expediency of abolishing the
office of Township Assessors, and requiring the assessment to be
made by Township Trustees, and report by bill or otherwise.

Adopted.

By Mr. Hu tellings:

Resolved, That the Committee on County and Township Busi-
ness inquire into the expediency of set amending the law as to
authorize Boards of County Commissioners to hold their Courtsin the
Auditor's office, or other place which maybe more convenient than
the Court-rooms, and that they report thereon by bill or otherwise.

Referred to the Committee on County and Township Business.

By Mr. Woodruff:

Resolved, That the Committee on Temperance be instructed to
inquire into the expediency of so amending the law regulating the
sale of ixtoxicating liquors, as to allow druggists to sell spirituous
liquors, for medical purposes, in less qualtities than one quart at a
time, and report by bill or otherwise.

Adopted.

By Mr. Humphreys:

Resolved, That the Committee on Military affairs be instructed

275

to inquire what legislation is necessary on the military affairs of
the State of Indiana, and that they report at an early day, by bill
or otherwise.

Adopted. '- :

By Mr. Waterman :

Whereas, It appears from the late report of the Auditor of
State, that there are several small sums in the State Treasury be-
longing to various trust or other funds, which can be better and
more economically managed elsewhere ; therefore, be it

Resolved, That the Committee on the Trust Funds be instructed
to inquire into the condition of said funds, and the proper disposi-
tion to be made of the same, and report by bill or otherwise.

Adopted.

By Mr. Gregory :

Resolved, That whereas serious difficulties are likely to arise in
Ihc State of Indiana, which may result in bloodshed or civil war in
our own borders, from the diversity of action and sentiment of
many citizens of this State, in relation to the manner of carrying
on the war for the suppression of the rebellion and the enforce-
ment of the military authority in this State : And whereas, the
people at large are looking, with trembling and fear, to every move-
ment made by their Representatives and Senators in the present
Legislature; therefore, be it '

Resolved, By the members of this House that we do approve
and cordially indorse the late order of Henry B. Carrington, Colo-
nel 18th United States Infantry, commanding at Indianapolis,
which order is hereto attached, and words as follows, to-wit :

Owing to erroneous statements in circulation prejudicial to good
order and public quiet, the following statement is made public,
respecting desertion and arrest of deserters; and the press of Indi-
ana, as well as all good citizens, irrespective of party affiliations or
antecedents, are invited to a cordial concurrence :

1. Deserters from the United States service, having voluntarily
assumed, their obligations as contractors to serve the Government
for a consideration, have no excuse to screen themselves from their

276

obligations. Failure to do service is bad faith to the Government
and the people.

2. Screening deserters, or aiding desertions, is a high offense,
bringing no protection to the party deserting, but sapping the very
foundation of good order and social jieace, and leading to disor-
ders, fruitless of good, but full of mischief.

3. Deserters now absent, if promptly returned, throughout the
State, or surrendering themselves, will be recommended for kind
consideration. Their friends should bring them, or urge them to
come in at once. This is the manly way, and such as commends
itself to every good citizen and lover of his country. Failure of
absent soldiers or their friends to meet their just and legal require-
ments will inevitably result in the arrest of the offenders wherever
found, their immediate trial by general court-martial, and the exe-
cution of the penalty affixed by sentence.

4. The current statement that such arrests, or the arrest of citi-
zens who aid in the resistance to proper authority, have any rela-
tion whatever to political questions or parties, are without founda-
tion. It is simply a question of bringing back to their obligations
parties now in default, whoever or wherever they may be.

5. The arrests in Morgan county just made were simply of this
character. It was an arrest, without bloodshed, of three deserters,
and some armed men who, forgetful of their duties as citizens,
fired upon the proper authorities legally charged with a legal duty,
who thereby placed themselves in an attitude of deliberative and
offensive resistance to legitimate process. Such arrests are com-
mon at all times, whether of peace or war; and it is hoped that no
street reports will lead any, even in times of an excited public
pulse, to misconstrue plain acts of duty, and shape them so as to
increase public excitement and present disorder.

It is very easy to learn whether any reported orders are issued
from these headquarters, and it may be here assumed that none
will be promulgated that any good and loyal citizen of the United
States will except to.

It is also assumed that the people of Indiana are true and loyal
to the Union, and that they will cheerfully do their part to main-

277

tain the Government in these times of trial, and frown upon all
resistance to legitimate authority as the only sivenue of safe deliv-
erance through all the issues of this war.

HENRY B. CARRINGTON,
Colonel ISth U. S. Infantry,
Commanding at Indianapolis.

Resolved, further. That we ask that the Senate be requested to
concur in the adoption of the foregoing resolutions.

[Mr. Harney in the Chair.]

Mr. Buskirk offered the following amendment :

Resolved, That in the opinion of this Legislature the persons
arrested in Morgan county, and all other persons who may be ar-
rested, should not be held by military authorities, but should be
turned over To the civil authorities for trial.

Mr. Branham moved to refer the resolution and amendment to a
select committee of six.
Agreed to.

The Speaker appointed Messrs. Branham, Niblack, Woollen,
Shaffer, Atkison, and Gregory said committee.

On motion of Mr. Branham,
It was ordered by the House that the Speaker be added to said
committee.

Mr. Roberts offered

Joint resolution No. 37. A joint resokition pledging the powers
of the State to the support of the Union, and condemning certain
official acts of the President of the United States ;

Which was read the first time, and passed to a second reading.

BILLS LXTRODUCED.

The following bills were introduced, read the first time, and
passed to a second reading:

By Mr. Niblack :

House bill No. 125. A bill to amend an act entitled an act for

. ■ , 278

the incorporation of insurance companies, defining their powers,
and prescribing their duties, approved June 17, 1852.

By Mr. Lamb :

House bill No. 126. An act to amend section nine of an act
entitled an act providing for the election and qualifications of jus-
tices of the peace, and defining their jurisdiction, powers and du-
ties in civil cases, approved June 9, 1852.

^ By Mr. Given :

House bill No. 127. An act to secure the service of process
against corporations created by the laws of other States in actions
against such corporations, pending, or which may hereafter be
brought in the courts of this State, where such corporations have
no officer or person doing business in the counties of this State,
where actions may be pending, or may be commenced.

By Mr. Miller:

House bill No. 128. An act authorizing recorders to demand
fees in advance.

By Mr. Waterman :

House bill No. 129. An act to provide that the laws of the
State, regulating the salaries of officers, shall not be so construed
as to permit the public officers thereof to receive their salaries in
advance, and repeal all laws coming in conflict with this act.

By Mr. Howk :

House bill No. 1.30. An act to give additional powers in civil
and ciiminal actions to the judges of the circuit and common pleas
courts during vacation.

By Mr. Hall:

House bill No. 131. An act to amend the tenth section of an
act to provide for a general system of common schools, the officers
thereof, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
township libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861.

279

By Mr. Gregory :

House bill No. 132. An act to amend the first section of an act
to authorize the boards of commissioners of the several counties in
the State of Indiana, and the authorities of any incorporated city
or town in said State to make appropriations in certain cases, and
to legalize certain appropriations therein specified, approved May
11, 1861, chapter 12.

By Mr. Howk : .

House bill No. 133. An act to amend the twentieth section of
an act entitled "an act to revise, simplify and abxidge the rules,
practice, pleadings, and forms in criminal actions, in the courts of
this State," approved June 17, 1852, and to authorize prosecuting
and district attorneys to administer oaths and take and certify affi-
davits in certain cases.

By Mr. Given :

House bill No. 134. An act to legalize sales of real estate here-
tofore made by administrators and guardians, and the proceedings
of the courts in relation thereto.

The House adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, 9 o'clock, A. M., |
February 4, 1863. \

The House met.

The reading of the Journal of yesterday was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Miller :

A petition in relation to the sinking fund.
Referred to the Committee on the Sinking Fund.

280

By Mr. Pettibone :

A petition in relation to Roads.
Refen-ed to the Committee on Roads.

ByMr. Howk:

A petition in relation to conscientious exempts.
Referred to the Committee on the Judiciary.

By Mr. Woollen:

A petition from the citizens of Johnson county.
Referred to the Committee on the Enforcement of the Thir-
teenth Article of the Constitution.

By Mr. Leeds:

A petition in relation to the collection of debts where contracted.
Referred to the Committee on the Judiciary.

On motion of Mr. Lamb,
Mr. Johnson was added to the committee appointed yesterday,
iu relation to Morgan county difficulties.

REPORTS Or^ STANDING COMMITTEES.

By Mr. Howk, from the Judiciary Committee : ■ .

Mr. Speaker : '

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 33, entitled an act to amend sction 447 of
an act entitled "An act to revise, simplify, and abridge the rules,
practice, pleadings, and forms, in civil cases, in the courts of this
State ; to abolish distinct forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading
and practice, without distinction between law and equity," ap-
proved June 18, 1852, to respectfully report that they have had the
same under consideration, and they deem the passage thereof inex-
pedient. They therefore recommend that the same be laid upon
the table.

The report was concurred in.

By the same: ■ ^

281
Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom
was referred House bill No. 20, entitled an act to amend section
46, of an act entitled "An act to provide for a general system of
common schools, the officers thereof, their respective powers and
duties, and matters ]5roperly connected therewith ; and for the es-
tablishment and regulation of township libraries, and to repeal all
laws inconsistent therewith," approved March 11, 1861, to respect-
fully report that they have duly considered the same, and they
herewith return the same to this House, and recommend its pass-
age.

The report w^1s concurred in, and the bill ordered to be engrossed.

By the same :
Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom
was referred a resolution of the House, directing them to inquire
into the expediency of providing by law some compensation for
justices of the peace in State prosecutions, W'here the defendant is
acquitted, or where he is unable to pay costs when convicted ; to
respectfully report that they have duly considered the same, and
they are of the opinion that further legislation on the subject would
be inexpedient.

The report was concurred in.

By the same :
Mr. Speaker : ' '

I am directed by the Committee on the Judiciary, to whom was
referred a concurrent resolution of the House, providing that all
Indiana soldiers in the service of the United States, and the
widows of deceased soldiers, have one year from the -Qth day of
December, 1862, to redeem all lands belonging to such soldiers that
may have been sold by the Sinking Fund Commissioners, to re-
spectfully report that they have had the same under consideration,
and they are of the opinion that such legislation would be uncon-
stitutional. They therefore recommend that said resolution be laid
upon the table.

The report was concurred in.

•-282
By the same : ■ ' .

Mr. Speaker :

1 am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 64, entitled a bill to amend section 17
of an act entitled "An act regulating descents and the apportion-
ment of estates," approved May 14, 1852, to respectfully report
that they have had the same under consideration, and they are of
the opinion that the passage of the same would be inexpedient.
They therefore recommend that the same be laid upon the table.

The report was concurred in.

By Ml". Lake, from the same committee:
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 34, entitled "An act to prohibit clerks
of the Circuit and Common Pleas Courts from practicing law in
the courts of which they are clerks," to respectfully repoit that they
have considered the same, and there now being another bill before
this House (No. 79), embracing the same subject matter, they there-
fore recommend that the same be laid upon the table.

The report was concurred in.

By the same.: v,

Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 48, entitled "An act to prohibit Judges of
the Common Pleas Courts of this State from practicing as attor-
neys in any of the inferior courts within their districts respectively,"
to report that they have duly considered the same, and they here-
with return the same to the House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker : ' '

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 39, entitled an act to amend "An act

283

defining misdemeanors, and prescribing punishment therefor," ap-
proved June 14, 1852, to respectfully report that Ihey have had the
same under consideration, and they deem the same inexpedient.
They therefore recommend that said bill be laid upon the table.
The report was concurred in.

By the same :

Mk. Spkakkii:

I am in^frucred by the Committee on the Judiciary, to whom
was referred House bill No. 5, entitled "An act granting to the
(-'ircuit Courts concurrent jurisdiction with the Courts of Com-
mon Pleas, in all cases of misdemeanors, and requiring Grand Ju-
ries to make presentment of the same," to respectfully report that
they have duly considered the same, and they deem the passage
thereof inexpedient. They therefore recommend that the same be
laid upon the table.

The report was concurred in. '

By Mr. Anderson, from the same committee :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 57, entitled " An act to provide that the
value of United States Government Stamp Duties required and
used on original process, certificates, bonds, ap})raisements, deeds of
conveyance by Sheriffs, and on other instruments, shall, in all actions,
be taxed and collected as other costs in said action ;"

To respectfully report that they have duly considered the same,
and they herewith return it to the House ; and they recommend the
passage thereof.

Tlie report was concurred in and the bill ordered to be engrossed.

By the same :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 40, entitled "An act to repeal section two
of an act entitled an act to amend section eleven of an act entitled
an act to establish Courts of Common Pleas, and defining the ju-
risdiction and duties, and providing compensation for the Judges

284

thereof, approved May 14, 1852, so as to extend the jurisdiction of
said Court in certain cases, approved March 5, 1859;"

To respectfully report that they have had the same under consid-
eration, and they recommend that said bill be amended by adding
the following proviso, to -wit : Provided, That this act shall not
effect prosecutions pending in said court, when the same shall take
effect; and when so amended, they recommend its passage.

The report was concurred in and the bill, as amended, was or-
dered to be engrossed.

By the same :

Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom was re-
ferred joint resolution of the House No. 9, proposing amendments
to the Constitution, so as to allow soldiers in the field to vote at all
annual State and county elections ;

To respectfully report that they have had the same under con-
sideration, and they are of the opinion that such an amendment
would be inexpedient. They further submit that it would be un-
constitutional to propose an amendment to the Constitution while
there is a proposed amendment to the same pending and undisposed
of; they, therefore, recommend that said resolution be laid upon the
table.

The question being on the concurrence in the report of the com-
mittee,

Messrs. Cason and Roberts demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Messrs.

Hall,

Lasselle,

Pendleton,

Abbett,

Harden c

•f W.,

Lee,

Ryan,

Bird,

Hardin oJ

[ Perry

, Lemmon of H.

, Shaffer,

Blocher,

Harney,

Lemmon of S.,

Shoaffof Allen,

Cass,

Hetfield,

McCaughey,

Shoaff of Jay,

Cook,

Hon,

Miller,

Spencer,

Donaldson,

Howell,

Mutz,

Veatch,

Ferris,

Howk,

Niblack,

Wolfe,

Garvin,

Humphreys,

O'Brien c^f H.,

Woollen, and

Given,

Kemp of

Vigo,

O'Brien of M.,

Mr. Speaker.^ 2

Griffith,

Lake,

Osborne,

285

Those who voted in the nesrcitive ivere-

Messrs.

Anderson,

Atkison,

Baker,

Branham,

Budd,

Cason,

Chambers,

Davis,

Forrester,

Gregg,

Gregory,

Hershey,

Hostetter,

Hutchings,

Jan)es,

Johnson,

Jones,

Kendrick,

Lamb,

Leeds,

Mason,

Moorman,

Mustard,

Newman,

Noyes,

Perry,

Pettibone,

Richardson,

Roberts,

Robinson,

Stone,

Tarkington,

Waterman,

Van Buskirk and

Woodruff— 33.

So tlie report was concurred in.
By the same :
Mr. Speaker ;

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 58, entitled "An act to amend section 80 of
an act entitled an act to revise, simplify and abridge the rules, prac-
tice, pleadings and forms in civil cases in the courts of this State,
to abolish distinct forms of actions at law, and to provide for the
administration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity, approved June
18,1852;"

To respectfully report that they have duly considered the same,
and they recommend that said bill be amended by inserting the
words " of any person interested," immediately after the word " affi-
davit," in the seventh line of said section 80, as amended, and
when so amended, they recommend the passage thereof.

The report was concurred in and the bill ordered to be engrossed.

By Mr. Miller, from the Committee on County and Township
Business:

Mr. Speaker : .

I A majority of the Committee on county and Township business,
to whom was referred House bill No. 82, "An act authorizing
County Commissioners to hold their Courts in the Court House or
Auditor's office," have had the same under consideration, and have
instructed me to report it back to this House and recommend its
passage.

286
The report was concurred in and the bill ordered to be engrossed'
By the same :
Mr. Speaker :

The Committee on County and Township Business, to whom
was referred a resokition " instructing your committee to inquire
into the expediency of abolishing the office of Township Assessor,
and requiring the assessments to be made by the Township Trus-
tee," have had the same under consideration, and a majority of said
committee have instructed me to report it back to this House; and,
being of the opinion that such legislation is inexpedient, would
recommend that the resolution lie on the table.

The report was concurred in.

By the same :

Mr. Speaker: ''

A majority of the Committee, to whom was referred a resolution
instructing them to inquire into the expediency of so amending the
law as to authorize Boards of County Commissioners to hold their
Courts in the Auditor's offices, or other place, which may be more
convenient than the court rooms, have had the same under con-
sideration, and have directed nie to report it back to the House, and
suggest that it be laid on the table for the reason that the said
Committee have reported back to the House a bill on that subject,
and recommend its passage.

The report was concurred in. ' ,

RESOLUTIONS OF THE HOCSE.

By Mr. Ferris :

Resolved. That the chairman of the Committee on Illegal and
Arbitrary Arrests is hereby authorized to designate four of said
committee, who may examine tes-timony during the sitting of this
House, or visit any locality within the State, that may, by said
committee, be deemed necessary for the purpose of taking testi-
mony.

The question being, shall the resolution be adopted.

Messrs. Anderson and Cason demanded the ayes and noes.

287

Those who voted in the affirmative ivere —

Messrs. Harney, Mason, Ryan,

Abbett, Hetfield, McCaughey, Shaffer,

Bird, Howell, Miller, Shoaff of Allen,

Blocher, Humphreys, Mutz, Shoaff' of Jay,

Brown, Kemp of Vigo, Niblack, Spencer,

Cook, Lake, O'Brien of M., Veach,

Ferns, Lasselle, Pendleton, Waterman,

Garvin, Lee, Puett, Wolfe,

Given, Lcmmon of H, Richardson, Woollen, and

Hall, Lemmon of S., Roberts, Mr. Speaker-40.

Harden of W.,

Those ivho voted in the nes:atlve ivere —

Messrs.

Forrester,

Hutchings,

Newman,

Anderson,

Gregg,

Johnson,

Noyes,

Atkison,

Gregory,

Jones,

O'Brien of H,,

Budd,

Griffith,

Kendrick,

Osborn,

Cason,

Hardin of Perry

, Lamb,

Perry,

Cass,

Hershey,

Leeds,

Pettibone,

Chambers,

Hon,

Moorman,

Stone and

Davis,

Hostetter,

Mustard,

Tarkington— 30,

Donaldson,

So the resolution was adopted.
By Mr. Shoaff of Jay :

Resolved, That, hereafter, no "leave of absence" will be granted
to any member of this House, unless in case of sickness of himself
or family, or when necessary business connected with the duties of
this Legislature require it.

The resolution was laid over until to-morrow.

By Mr. Mason : »

Whereas, There have been, and are being, imported great quan-
tities of fire arms into the county of Hancock, and also into the
county of Boone, in this State, within the last few days ; there-
fore,

Be it resolved, That the Committee on Military Affairs art-
hereby requested to inquire as to what amount or number of fire

288

arms have been so imported, and for what purpose they are intend-
ed to be used ; and to report to this House at their very earliest
possible convenience.

Mr. Moorman liioved to refer the resolution to a select commit-
tee of five.

Mr. Brown moved to postpone its further consideration until
Saturday next.
Agreed to.

By Mr. Gregory:

Whereas, For causes known to this Legislature, this body has
not yet received, officially and constitutionally, the annual message
of His Excellency, O. P. Morton, Governor of this State ; and

Whereas, The committee appointed by the Speaker of this
House to select, some suitable minister of the gospel to appear in
this hall, and open the services of our deliberations by prayer to
Almighty (,4od, have, as yet, failed to discharge that duty; and

Wheeieas, Believing, as we do, that no nation can long prosper
that does not acknowledge God as the Supreme Ruler of the Uni-
verse, who controlleth the affairs of men and nations as to Him
seemeth right ; and

Whereas, We deem it our bounden duty to follow in the foot-
steps of our illustrious forefathers who, in the darkest hour of the
revolution, implored God's aid in the glorious cause in which they
were then employed to achieve our independence ; therefore,

Be it resolved, That a committee of five be at once appointed
by this House, whose duty it shall be to select some suitable min-
ister of the Protestant Church of this city, or such other minister
as they may think proper, to appear in this hall on to-morrow morn-
ing at 9 o'clock, to discharge the duties of Chaplain, by addressing
a Throne of Grace, imploring God's aid and assistance upon the
deliberations of this Assembly, and acknowledging our dependence
upon Him in this time of the darkest hour of our country's his-
tory.

Mr. Roberts offered the following amendment :

289

Amend by striking out all after the word "resolved," and insert
the following:

That Bishop Upfold, of the Episcopal Church, be and he is here-
by most respectfully requested to be present to-morrow morning
and open the proceedings of this house with prayer, and that the
Clerk inform him of the action of this house.

Mr. Gregory accepted the amendment.

Mr. Woodruff moved that the resolution and pending amend-
ment lie on the table.

Agreed to. , . ;.,

By Mr. Lake : .

Resolved^ That the Committee on Education be, and are hereby
instructed to inquire into the expediency of so amending the law
regulating Common Schools as to require the examination of ap-
plicants for license to be public, and by classes, the time and place
to be fixed by law for such examinations, and said examination to
be free to the applicant, and providing that the Examiner be paid
out of the County Treasury, a sum equal to one dollar per school
taught in the county, and to report to this House by bill or other-
wise.

Adopted.

By Mr. Mustard:

Whereas. Much dissatisfaction exists in many parts of the State
in regard to (he distribution of the Common School Fund, as pro-
vided by ail act to provide for a general system of Common Schools,
approved March 11, 1861, being the law now in force ; and

Whereas, Doubts are entertained as to the constitutionality of
said act ; therefore, be it ■ •-'-■-- '■

Resolved, That the Judiciary Committee be instructed to examine
said act, and to report to this House by bill or otherwise, what
further legislation, if any. is necessary to secure a more equitable
distribution of the said Common School Fund.

Adopted.

By Mr. Newman :

Resolved, That the Committee on Agriculture be instructed to.
H. J.— 19

290

inquire into the expediency of requiring Township Assessors, while
making their annual assessments, to collect, in properly headed col-
umns, agricultural statistics, and report by bill or otherwise.
Adopted.

The following bills were introduced, read the first time, and
passed to a second reading :

By Mr. Gregory:

House bill No. 135. And act to amend section 13 of an act to
provide for a general system of Common Schools, the officers thereof,
and their respective powers and duties, and matters properly con-
nected therewith, and for the establishment and regulation of Town-
ship Libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861.

By Mr. Moorman :

House bill No. 136. An act to amend section one of an act for
the relief of borrowers of the sinking fund, and to repeal the fourth
section, and so much as applies to the sinking fund of the whole
act entitled " an act to extend to borrowers of the sinking fund,
surplus revenue fund, congressional school fund, and other funds,
time of payment of loans, and prescribing the duties of the officer
in regard thereto," approved March 8, 1859, and prescribing how
mortgages may be substituted, and containing some provisions re-
specting the sinking fund, and its control and management, and
matters properly connected therevi'ith, approved March 9, 1861.

By Mr. Forrester:

House bill No. 137. An act supplemental to an act regulating
interest on money, approved May 27, 1852, the fifty-first section of
the act defining misdemeanors, and prescribing punishment there-
for, approved June 14, 1852, and all other laws and parts of laws
coming in conflict with this act, approved March 7, 1861.

By Mr. Brown:

House bill No. 138. An act applying certain funds therein
named to the payment of the public debt.

The House adjourned till 2 o'clock, P. M. ,

291

'2 o'clock, p. M.
The House met.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the Senate to inform the House that the Senate
has adopted the following concurrent resolution :

Resolved, That a select committee of one from each congres-
sional district be appointed on the ])art of the Senate, to act witit
a like committee to be appointed on the part of the House, to pro-
pose and present to the Senate an apportionment bill districting
the State for Representatives in the Congress of the United States.

In which the concurrence of the House is requested ; and the
President of the Senate has appointed the following Senators on
said committee : Senators Ray, Fuller, Wolfe, Shields, Pleak,
March, Wilson, White, Teegarden, Graves and Brown of Wells.

The resolution of the Senate was concurred in, and tlie Clerk
ordered to inform the Senate thereof.

The Speaker announced that the committee heretofore appointed
upon that subject would act with said committee of the Senate.

A message from the Senate, by Mr. Vawter, their Secretary :
Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following concurrent resolution :

In which the concurrence of the House is respectfully requested ;
and the President of the Senate has appointed the following Sen-
ators on said committee, on the part of the Senate : Senators Wil-

292

liams, Bradley, Hord, Giflbrd, Mellett, Blair, Johnson, Culver, Cor-
bin, Hoagland, and Grubb.

The resolution of the Senate was concurred in, and the Clerk
ordered to inform the Senate thereof. . .,

The Speaker announced that the committee heretofore appointed
on the part of the House, will serve with the committee on the
part of the Senate.

ORDERS OF THE DAY.

The following bills of the House were read the second time :

House bill No. 97. An act to repeal " an act entitled 'an act to
establish courts of conciliation, to prescribe rules and proceedings
therein, and compensation of judges thereof,'" approved June 11,
1852, chapter third of the Revised Statutes of 1852.

Referred to the Committee on the Organization of Courts.

House bill No. 98. An act to legalize the sale of certain con-
gressional school lands.

Referred to the Committee on the Judiciary.

House bill No. 99. An act to re-enact the two hundred and
thirty-eighth section of an act entitled "an act to revise, simplify,
and abridge the rules, practice, pleadings and forms in civil cases
in the courts of this State, to abolish distinct forms of action at
law, and to provide for the administration of justice in a uniform
mode of pleading and practice, without distinction between law
and equity, approved June 18, 1852, and to repeal an act entitled
an act in relation to witnesses, and to repeal section two hundred
and thirty-eight of article thirteen of the act entitled an act to
revise, simplify and abridge the rules, practice, pleadings and forms
in civil eases in the courts of this State, to abolish distinct forms
of action at law, and to provide for the administration of justice in
a uniform mode of pleading and practice, without distinction be-
tween law and equity, approved June 18, 1852, and to repeal all
laws inconsistent therewith, and providing when the act shall take
effect and be in force."

Referred to the committee on the Judiciary.

House bill No. 100. An act to amend an act entitled "An act

293

to provide for the opening, vacating and change of highways," ap-
proved June 14, 1852.

Referred to the Committee on Roads.

House bill No. 101. An act to amend an act entitled "An act
providing that no Justice of the Peace shall hear or determine any
State prosecution for an assault and battery, or assault, unless the
injured party be present, or being summoned, refuses to attend,
or when the summons for him is returned 'not found,' and that no
trial shall be had in case of affray, unless a witness thereof be pres-
ent and testify upon such trial, or being summoned, refuses to at-
tend," approved February 7, 1855. ,

Referred to the Committee on the Judiciary.

House bill No. 102. An act fixing an equivalent for exemption
from military duty on account of conscientious scruples, and pro-
viding for the collection of the same.

Referred to the Committee on the Judiciary.

House bill No. 103. An act to amend "An act providing for the
redemption of real property, or any interest therein, sold on execu-
tion or order of sale, and providing for the issuing of certificates of
purchase in such cases, and for the execution of conveyances, and
repealing all laws in conflict therewith," approved June 4, 1861.

Referred to the Committee on the Judiciary.

House bill No. 104. An act prescribing a part of the duties of
County Auditors, Treasurers and Supervisors of roads, in relation
to road tax, and repealing all laws coming in conflict with this act.

Referred to the Committee on Roads.

House bill No. 105. An act relative to the salaries of public of-
ficers, and providing the manner of paying the same, and to repeal
laws therein named.

Referred to the Committee on Fees and Salaries.

House bill No. 106. An act to amend an act entitled "An act
to encourage the destruction of wolves," approved June 9, 1852.
Referred to the Committee on County and Township Business.

House bill No. 107. An act for the relief of Nineveh Berry.

Referred to the Committee on the Judiciary.

House bill No. 108. An act to amend the sixteenth section of

294

an act entitled -'An act providing for the organization of County
Boards, and prescribing some of their duties," approved June 17,
1852.

Mr. Roberts oftered the following amendment :

Provided^ That the County Surveyor shall be required to keep
his ofHce open for tlie transaction of business at least three days in
each week, where he shall attend, either in person or by deputy, and
where his salary does not exceed five hundred dollars, shall have
allowed him for each day he attends his office, dollars.

The bill and amendment was referred to the Committee on
County and Township Business.

House bill No. 109. An act entitled "An act to amend the first
section of an act entitled an act for the relief of borrowers of the
Sinking Fund, and to repeal the fourth section, and so much as ap-
plies to the Sinking Fund, of the whole act entitled an act to ex-
tend to the borrowers of the Sinking Fund, Surplus Revenue fund.
Congressional School fund, and other funds, time of payment of
loans, and prescribing the duties of the officers in regard thereto,
approved March 3, 1859, and prescribing how mortgages may be
substituted, and containing some provisions respecting the Sinking
Fund, and its control and management, and n"iatters properly con-
nected therewith," approved March 9, 1859.

Referred to the Committee on the Sinking Fund.
'^

House bill No. 110. An act to amend section one of an act
entitled " An act to amend section three of an act entitled an act
for the regulation of Weights and Measures," approved June 9,
1852 ; approved February 28, 1855.

Ordered to be engrossed.

House bill No. 111. A bill to provide for the transfer of Sinking
Fund Mortgages to counties which are entitled to dividends of said
fund, and prescribing the duties of certain officers, and persons
wishing such transfer, and repealing all laws and parts of laws in
conflict therewith.

Referred to the Committee on the Sinking Fund.

House bill No. 112. An act to amend section 119 of an act en-
titled " An act to provide for the valuation and assessment of the
real and personal property, and the collection of taxes in the State

295

of Indiana ; for the election of Township Assessors, and prescrib-
ing the duties of Assessors, Appraisers of Real Property, County
Treasurers and Auditors, and of the Treasurer and Auditor of
State," approved June 2], 1852.

Referred to the Committee on Fees and Salaries.

House bill No. 113. An act to amend section fourteen of an
act entitled "an act authorizing the construction of plank, macada-
mized and gravel roads," approved May 12, 1852, and to extend the
time in which companies organize under said act, shall commence
and complete the construction of their roads.

Referred to the Committee on Roads.

House bill No. 114. A bill requiring Recorder's to certify their
records of deeds, mortgages and other instruments admissible to
record.

Mr. Miller offered the following amendment :

Section Two. It is declared that an emergency exists for the
immediate taking efiect of this act, and that it shall be in force from
and after its passage.

The bill and amendm.ent were referred to the Committee on
County and Township Business.

Housf' bill No. 115. An act to amend an act entitled "an act to
provide for the protection of wild game, defining the time in which
the same may be taken or killed, and declaring the penalty for vio-
lating this act," approved February 2(3, 1857.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 116. An act to amend the seventh section of an
act entitled " An act to provide for the election of a Reporter, and
a speedy publication of the decisions of the Supreme Court, and for
the compensation of such Reporter," approved Feburary 5, 1S52.

Referred to the Committee on the Judiciary.

House bill No. 117. An act to authorize the transfer of the
Congressional Township School Funds, which accrued from the
sale of School lands within the territory now forming the county of
Newton, to said county, from the county of Jasper.

Referred to the Committee on County and Township Business

296,,

House bill No. 118. An act to amend the twelfth section of an
act entitled " An act to regulate and license the sale of spirituous,
vinous, malt, and other intoxicating liquors ; to prohibit the adulter-
ation of liquors ; to repeal all former laws contravening the provi-
sions of this act, and prescribing penalties for violation thereof,"
approved March 5, 1859.

Referred to the Committee on Temperance. ,

The House suspended the order of business to enable Mr. Abbett
to introduce the following resolution :

Whereas, God hath said by the mouth of His Apostle, that
first of all supplications, prayers, intercessions, and giving thanks be
made for all men and for kings, and for all that are in authority,
that we may lead a quiet and peaceable life in all godliness and
honesty, and that this is good and acceptable in the sight of God,
our Saviour, who will have all men to be saved, and to come unto
the knowledge of the truth ; therefore,

Resolved, That all the members of this House, and the attachees,
who are desirous of worshipping God in sincerity and truth, and
who believe that there is a God of peace as well as a God of war,
who rules the destinies of nations, and who are desirous of peace
on earth and good will toward mankind, meet in prayer meeting in
this hall on Wednesday evening next, the 11th inst., and suppli-
cate the Lord to so direct our councils as to speedily terminate this
unnatural, fratricidal, and desolating war, believing, as we do, that
war is disunion, inevitable and eternal. - .

Adopted.

House bill No. 119. An act to amend the 21st section of an
act entitled "An act to fix the time of holding the Common Pleas
Courts in the several counties of this State, the duration of the
terms thereof, and making all process from the Common Pleas
Courts returnable to such terms, and declaring when this act shall
take ettcct, and repealing all laws inconsistent therewith," approved
March o, 1859, and providing for the return of process to the terms
fixed by this act, and declaring when the act shall take effect.

Referred to the Committee on the Organization of Courts.

House bill No. 120. An act to amend section 11 of an act en*
titled "An act providing for the election, and prescribing certain
duties of county surveyor," approved June 17, 1852.

297

Referred to the Committee on County and Township Business.

House bill No. 121. An act to prohibit and punish arbitrary ar-
rests.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 122. An act amending an act entitled an act
to provide for the more uniform mode of doing township business,
&c., approved Feb. 18, 1859.

Referred to the Committee on County and Township Business.

House bill No. 123. An act to amend sections forty-seven (47)
and forty-nine (49) of an act entitled "An act defining misdemea-
nors, and prescribing punishment therefor," approved June 14,1852.

Referred to the Committee on the Judiciary.

House bill No. 124. An act to amend section 2 of an act enti-
tled "An act prescribing the duties and fixing the compensation of
State Agent," approved June 17, 1852.

Referred to the Committee on the Judiciary.

House bill No. 125. An act to amend an act entitled "An act
for the incorporation of Insurance Companies, defining their pow-
ers, and prescribing their duties," approved June 17, 1852.

Referred to the Committee on Corporations.

House bill No. 126. An act to amend section 9 of an act enti-
tled an act providing for the election and qualifications of justices
of the peace, and defining their jurisdiction, powers, and duties, in
civil cases, approved June 9, 1852.

Referred to the Committee on the .Judiciary.

House bill No. 127. An act to secure the service of process
against corporations created by the law of other States, in actions
against such corporations pending, or which may hereafter be
brought in the courts of this State, where such corporations have
no ofiicer, or person doing business in the counties of this State
where actions may be pending, or may be commenced.

Referred to the Committee on the Judiciary. ,.

House bill No. 128. An act entitled "an act authorizing record-
ers to demand their fees in advance, and repealing all laws incon-
sistent therewith."

298
Referred to the Committee on County and Township Business.

House bill No. 129. An act to provide that the laws of the
State regulating the salaries of officers, shall not be so construed
as to permit the public otlicers thereof to receive their salaries in
advance, and to repeal all laws coming in conflict with this act.

Referred to the Committee on Fees and Salaries.

House bill No. 130. An act to give additional powers in civil
and criminal actions to the judges of the circuit and common pleas
courrs during vacation.

Referred to the Committee on the Judiciary.

House bill No. 131. A bill to amend section ten of an act to
provide for a general system of common schools, &c., approved.
March 11, 1861.

Referred to the Committee on Education.

House bill No. 132. An act to amend the first section of an
"act to authorize the boards of commissioners of the several coun-
ties in the State of Indiana, and the authorities of any incorporat-
ed city or town in said State to make appropriations in certain
cases, and to legalize certain approin-iations therein specified," ap-
proved May 11, 1861.

Referred to the Committee on County and Townsliip Business.

House bill No. 133. An act to amend the twentieth section of
an act entitled "an act to revise, simplify, and abridge the rules,
p/actice, pleadings, and forms in criminal actions in the courts of
this State," approved June 17, 1852, and to authorize prosecuting
and district attorneys to administer oaths and take and certify affi-
davits in certain cases. ,

Referred to the Committee on the Judiciary.

House bill No. 134. An act to legalize sales of real estate here-
tofore made by administrators and guardians, and the proceedings
of the courts in relation thereto.

Referred to the Committee on the Judiciary.

The Speaker announced the following committee on the part of
the House, to act with a similar committee on the part of the Sen-
ate, to investigate the expenditures of the a|)propriations of one
hundred thousand dollars, and of a million dollars by the Govenor,
as authorized by the General Assembly of 1861, in pursuance of a

299

rt'solution of the Senate concurred in by the House, viz : Messrs.
Howk, Branham, and Bird,

Mr, Roberts obtained leave of absence until Friday next.

The Speaker announced the following committee on the part of
the House to investigate the Qnartermnster's Department of the
State: Messrs. Harney. Fue1t, Tarkinglon, Spencer, and Kilgore.

BIL1.S ON TMEIR TniRD READING.

House bill No. 4. An act entitled "an act to amend the four
hundred and sixth section of an act entitled 'an act to revise, sim-
plify, and abridge the rules, practice, pleading, and forms in civil
cases, in the courts of this.State, to abolish distinct forms of action
at law, and to provide for the administration of justice in a uniform
mode of pleading and practice, without distinction between law
and equity,'" approved June 18, 1852;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Abbett,

Abdill,

Anderson,

Baker,

Bird,

Blocher,

Branham,

Beyerle,

Cass,

Chambers,

Cook,

Davis,

Donaldson,

Ferris,

Forrester,

Garvin,

Gregory,

Griffith,

Hall,

Harden of W.,

Hardin of Perry,

Harney,

Hetfield,

Hershey,

Hon,

Hostetter,

Howell,

Howk,

Humphreys,

Hutchings,

Johnson,

Jones,

Kemp of Vigo,

Lake,

Lasselle,

Lee,

Leeds,

licmmon of H.,

Lemmon of S.,

Marshall,

Mason,

McCaughey,

Miller,

Moorman,

Mustard,

Newman,

Niblack,

Noyes,

O'Brien of H.,

O'Brien of M.,

Ferry,

Pettibone,

Puett,

Richardson,

Roberts,

Robinson,

Ryan,

Shaffer,

Shoaffof Allen,

ShoatT of Jay,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Wolfe,

Woodruff,

300

Given,
Gregg,

Kendrick,
Lamb,

Osbonie,
Pendleton,

Woollen, and
Mr. Speaker-75.

None voting in the negative.
So the bill passed.

House bill No. 18. An act to amend section 6 of an act entitled
"An act regarding estrays and articles adrift," approved June 16,
1852 ;

Was read ihe third time.

The question being, shall the bill pass?

Those icho voted in the affirmative ivere —

Messrs.

Abbeit,

Abdill,

Andeson,

Baker,

Bird,

Blocher,

Branham,

Beyerle,

Cason,

Cass,

Chambers,

Cook,

Ferris,

Forrester, Lamb, Richardson,

Garvin, Lasselle, Roberts,

Given, Lee, Ry^m,
Gregg,

Hair

Harden of W., McCaughey,

Harney, Miller,

Hetfield, Moorman,

Howell, Newman,

Howk, Noyes,

Humphries, O'Brien of H.,

Kemp of Vigo, O'Brien of M., Woollen, and

Lake, Perry, Mr. Speaker-51

Lemmon of S., Shaffer,

Marshall, ShoafFof Allen,

Shoaff of Jay,
Spencer,
Stone,

Van Buskirk
Veach,
Waterman,

Those loho voted in the nesrative icere —

Messrs.

Davis,

Donaldson,

Gregory,

Griffith,

Hon,

Hostetter,
Hutchings,
Johnson,
Jones,

Leeds, Pettibone,

liemmon of H., Puett,

Hardin of Perry, Kendrick,
Hershey,

Mustard,
Niblack,
Osborne,
Pendleton,

Robinson,
Tarkington,
Wolfe, and
Woodruff— 24.

So the bill passed.

House bill No. 22. An act to amend section 27 of an act enti-

301

tied "An act regulating the granting of Divorces, nullification of
marriages, and decrees and orders of court incident thereto," ap-
proved May 13, 1852 ;
Was read the third time.

The question being, shall the bill pass ?

Those who voted in the affirmative toere —

Messrs.

Griffith,

Lasselle,

Puett,

Abbett,

Hanna,

Lee,

Richardson,

Abdill,

Harden of W.,

Leeds,

Roberts,

Anderson,

Hardin of P.,

Lemmon

of H.

, Robinson,

Baker,

Harney,

Lemmon

of S.,

Ryan,

Bird,

Hetfield,

Marshall,

Shaffer,

Blocher,

Hershey,

McCaughey,

Shoaff of Allen,

Branham,

Hon.

Miller,

ShoafFof Jay,

Beyerle,

Hostetter,

Moorman

)

Spencer,

Cass,

Howell,

Mustard,

Stone,

Chambers,

Howk,

Newman,

Tarkington,

Cook,

Humphreys,

Niblack,

Van Buskirk,

Davis,

Hutchings,

Noyes,

Veach,

Ferris,

Johnson,

O'BritMi o

f H.,

Waterman,

Forrester,

Jones,

Osborne,

Wolfe,

Garvin,

Kemp of Vigo,

Pendleton

)

Woodruff,

Given,

liendrick.

Perry,

WooUen, and

Gregg,

Lake,

Pettibone.

Mr. Speaker-73.

Gregory,

Lamb,

Mr. Donaldson voted in the negative.

So the bill passed.

House bill No. 27. An act providing for calling special sessions
of Boards of County Commissioners;
Was read the third time.

Mr. Woollen moved to refer the bill to the Committee on the Ju-
diciary, with instructions to inqiure into its constituiionality, and if
found unconstitutional, to amend by setting out the section sought
to be amended.

Agreed to.

House biU No. 28. An act to amend an act entitled "An act

302

to amend the third section of an act to [irovide for the protection
of wild game, defining the time in which the same may be taken
ol- killed, and declaring the penalty for the violation of this act, ap-
proved February 26, 1857, which latter act was approved March 9,
1861;"

Was read the third time.

Mr. Wolfe moved to refer the bill to the Committee on the Rights
and Privileges of the Inhabitants of this State, with instructions to
amend by extending the time of taking quails one month in the
spring.

Not agreed to.

The question being shall the bill pass ?

Those who voted in the affirmative were-

Messrs.

Abbett,

Abdill,

Anderson,

Baker,

Branham.

Chambers,

Cook,

Davis,

Garvin,

Gregory,
Griffith,
Hardin of Perrv.

Harney,

Hetfield,

Hon,

Hostetter,

Howell,

Howk,

Humphreys,

Hutch ings,

Johnson,

Kemp of Vigo,

Kendrick,

Lake,

Lamb,

Lassclle,

Lee,

Leeds,

McCaughey,

Miller,

Mustard,

Newman,

Niblack,

Noyes,

O'Brien of H.,

O'Brien of M.,

O shorn.

Pendleton,

Perry,

Pettibon(?,

Puett,

Roberts,

Robinson,

Ryan,

ShoatT of Jay,

S pencer.

Stone,

Tarkington,

Van Buskirk,

Veach,

Waterman,

Woollen, and

Mr. Speaker-54.

Those who voted in the neo-ative ivcre-

Messrs.

Bkd,

Blocher,

Beyerle,

Cass,

Donaldson,

Hershey,
Jones,

Ferris,

Forrester,

Given,

Hall,

Harden of W., Moorman

Richardson,
Shafler,

Lenimon of H., Shoaff of Allen,
Lcmmon of S., Wolfe, and

Woodruff— 21.

So the bill passed.

303

House bill No. 29. An act entitled an act to amend the 37th
section of an act entitled "An act defining misdemeanors, and pre-
scribing punishment therefor;

Was read the third time.

The question being on its passage,

Those ivho voted in the affirmative ivere —

Messrs.

Griffith,

Lake,

Pettibone,

Abbett,

Hall,

Lamb,

Pnett,

AbdiU,

Harden of W.,

Lasselle,

Richardson,

Baker,

Hardin of Perry

, Lee,

Roberts,

Bird,

Harney,

Leeds,

Robinson,

Branham,

Hetfield,

Marshall,

Ryan,

Beyerle,

Hershey,

McCaughey,

Shoaff of Allen,

Cass,

Hon,

Miller,

Shoaffof Jay,

Chambers,

Hostetter,

Moorman,

Spencer,

Cook,

Howell,

Mustard,

Stone,

IJavis,

Howk,

Newman,

Tarkington,

Donaldson,

Humphreys,

Noyes,

VanBuskirk,

Ferris,

Hutch ings.

O'Brien of H.,

Veach,

Forrester,

Johnson,

O'Brien of M.,

Waterman,

Garvin,

Jones,

Osborn,

Wolfe,

^^^(^Sg^

Kemp of Vigo,

Pendleton.

Woodruff, and

Gregory,

Kendrick,

Perry,

Mr, Speaker-67

Those ivho voted in the ne

gative vjere —

Messrs.

Given,

Lemmon of S.

Shaffer, and

Blocher,

Lemmon of H.

Niblack.

Woollen — 7.

So the bill passed.

Engrossed bill of the House No. SL ^n act authorizing attach-
ment in vacation, for violation of injunctions;
Was read the third time.

The question being,
Shall the bill pass ?

Those who voted in the affirmative were —

Messrs,
Abbett,

Griffith,
Hall,

Lamb,

Lasselle,

Pettibone,
Richardson,

304

AbdiU,

Harden of W.,

Lee,

Roberts,

Anderson,

Hardin of Perry,

, Leeds,

Robinson,

Bird,

Harney,

Lemnion of S.,

Ryan,

Blocher,

Hetlield,

Marshall,

ShalTer,

Beyerle,

Hers hey,

McCaughey,

Shoafl" of Allen.

Cass,

Hon,

Miller,

Shoaff of Jay,

Chambers,

Hosteller,

Moorman,

Spencer,

Cook,

Howell,

Mustard,

Stone,

Davis,

Howk,

Niblack,

Tarkington,

Ferris,

Humphreys,

Noyes,

Veach,

Forrester,

Hutchings,

O'Brien of H.,

Waterman,

Garvin,

Johnson,

O'Brien of M.,

Wolfe,

Given,

Jones,

Osborn,

AYoodrn 11,

Gregg,

Kendriek,

Pendleton,

Woollen, and

Gregory,

Lake,

Perry,

Mr. Speaker-67.

Those laho voted in the negative were —

Messrs. Donaldson, Lemmon of H., Puett — 6.

Branhara, Kemp of \'igo, Newman, and

So the bill passed.

House bill No. 59. An act to empower sheriffs to ofTer lands,
and other property for sale on execution, at the door of the clerk's
office ; .

Was read the third time.

The question being.
Shall the bill pass ?

Those ivho voted in the affirmative ivere —

Messrs.

Hall, 9

Leeds,

Richardson,

Abbett,

Harden of

W.,

Lemmon of H.,

Roberts,

Abdill,

Hardin of

Perry, Lemmon of S.,

Robinson,

Anderson,

Harney,

Marshall,

Shaffer,

Bird,

Hetfield,

McCaughey,

Shoaff of Allen,

Blocher,

Hon,

Miller,

Shoaff of Jay,

Beyerle,

Hostetter,

Moorman,

Spencer,

Cass,

Howell,

Niblack,

Stone,

Chambers,

Howk,

Noyes,

Tarkington,

Cook,

Humphrey

O'Brien of H.,

Veach,

305

Ferris,

Forrester,

Garvin,

Given,

Griffith,

Jones,

O'Brien of M., Waterman,

Kemp of Vigo, Osborn,
Lamb, Pendleton,

Lasselle, Perry,

Lee,

Wolfe,

Woollen, and
Mr. Speaker-57.

Those ivho voted in the nesrative were-

Messrs.

Gregg,

Hutchings.

Newman,

Baker,

Gregory,

Kendrick,

Puett, and

Branham,

Hers hey,

Mustard,

Woodrutl— 12.

Donaldson,

So the bill passed.

Mr. Howk moved to amend the title by adding the words " In
Counties where there are no Court Houses."
Which was adopted.

Engrossed bill of the House No. 66. An act to amend the act
entitled " An act to incorporate the Wabash Navigation Company,"
approved January 13, 1846, and to authorize the said Company to
i-aise money when necessary to make repairs on their works ;

Was read the third time.

The question being, shall the bill pass?

Those luho voted in the affirmative were —

Messrs.

Given,

Lasselle,

Pendleton,

Abbett,

Hall,

Lee,

Puett,

Abdill,

Harden of W.,

Leeds,

Richards^iij,

Baker,

Hardin of Perry

, Lemmon of H.,

, Shaffer,

Bird,

Harney,

Lemmon of S.,

Shoaff of Alferr,

Blocher,

Hetfield,

Marshall,

Shoatf of Jay,

Beyerle,

Hershey,

McCaughey,

Spencer,

Cass,

Hon,

Miller,

Stone,

Chambers,

Hostetter,

Moorman,

Tarkington,

Davis,

Howell,

Niblack,

Veach,

Donaldson,

Howk,

O'Brien of H.,

Waterman,

Ferris,

Humphries,

O'Brien of M.,

Woollen, and:

Forrester,

Jones,

Osborne,

]\fo.. Speaker,-54.

Garvin,

Kemp of Vigo,

H. J.-

-20

306
Those who voted in the nesrative were-

Messrs.

Hutchings,

Newman,

Roberts,

Branham,

Kendrick,

Noyes,

Robinson, and

Cook,

Mustard,

Perry,

Woodruff— 12.

Gregg,

No quorum being present,

The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, a. m. )
February 5, 1863. j

House met.

The Speaker ordered a call of the House. ■ '

Eighty-five members answered to their names.

On motion of Mr. Moorman,

The further call of the House was dispensed with.

The Journal of yesterday was read and approved.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Wolfe :

A memorial from Democrats of Owen County.

Referred to the Committee on Federal Relations. ' .i

By Mr. Hanna :

A remonstrance from the citizens of Vigo County against abol-
ishing the Court of Common Pleas.

Referred to the Committee on the Organizations of Courts.

By Mr. Howard : ■

307

A petition from Samuel Patterson, late Lessee of the State Pri-
son, praying for the refunding to him of certain moneys.
Referred to the Committee on the Judiciary.

By Mr. Stone :

A petition from the citizens of Wabash County, asking for a
law enforcing the collection of debts at the place contracted.
Referred to the Committee on the Judiciary.

REPORTS FROM STANDING COMMITTEES.

By Mr. Niblack, chairman of the Committee of Ways and
Means :

Mr. Speaker :

I am instructed by the Committee of Ways and Means to report
the following :

House bill N^o. 139. An act to raise a revenue for State pur-
poses for the years 1863 and 1864 ;

The bill was read the first time, and passed to a second reading.

By Mr. Lasselle, from the Committee on the Judiciary:

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bills Nos. 14 and 85, which are entitled " an act to
amend section five of an act entitled 'an act to regulate and license
the sale of spiritous, vinous, malt, and other intoxicating liquors, to
prohibit the adulteration of liquors, to repeal all laws contravening
the provisions of this act, and prescribing penalties for violation
thereof,' " approved March 5, 1859, to report the same back to this
House, and recommend their reference to the Committee on Tem-
perance.

The report was concurred in, and the bills were so referred.

By the same:

Mr. Speaker : •

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 46, entitled "an act to repeal the eighteenth

308

section of an act entitled 'an act regulating descents, and the ap-
portionment of estates,' " approved May 14, 1852, to respectfully
report that they have had the same under consideration, and they
are of the opinion that the passage of said bill would be inexpedi-
ent, they therefore recommend that the same be laid upon the table.
The report was concurred in.

By the same: ...

Mr. Speaker :

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 79, entitled "an act to prohibit clerks of
the circuit court, and the courts of common pleas, and their depu-
ties, from practicing law in any of the courts of which they are
clerks," to respectfully report that they have had the same under
consideration, and they recommend that the same be amended by
striking out the second and third sections thereof, and when so
amended, they recommend its passage.

Mr. Given moved to recommit the bill to the Committee on the
Judiciary, with instructions to provide such penally as to them may
seem proper.

Agreed to.

By the same : ' '

Mr. Speaker : • ■•

I am instructed by the Committee on the Judiciary, to whom
was referred various petitions presented to this body, praying a
change in the present collection laws, so as to enforce the collection
of debts at the place where they are made payable, whenever there
is a specific contract to pay at a stated place, to respectfully report
that they have duly considered the same, and they are of the
opinion that further legislation on the subject would be inexpedi-
ent.

The report was concurred in.

By Mr. Howk, chairman of the same committee :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 83, entitled " an act to amend the

309

twenty-first section of an act prescribing the duties of justices of
the peace in State prosecutions, and to enable justices to obtain
mileage in making returns," approved March 1, 1855, "and pre-
scribing a penalty for neglecting to perform the duties therein re-
quired," to respectfully report that they have duly considered the
same, and they recommend that the same be amended by inserting
in said section twenty -one, as amended, the words " five dollars "
where the words "ten dollars " occur, and the words " one hundred
dollars " where the words "fifty dollars " occur, and when so amend-
ed, they recommend the passage thereof.
The report was concurred in.

By the same:

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 54, entitled " an act to authorize county
treasurers to offer lands delinquent for taxes, for sale at the auditor's
office," to respectfully report that they have had the same under
consideration, and that they are of the opinion that the amend-
ments proposed thereto are inexpedient, they therefore recommend
the passage of said bill, and that said proposed amendments be
laid upon the table.

The report was concurred in, and the bill ordered to be engrossed.

By the same : '

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 62, entitled "an act repealing section thirty-
eight of chapter six, of the act defining felonies, and prescribing
punishment therefor, approved June 10, 1852, and defining the
crime of arson, and prescribing punishment therefor, and punish-
ment for any injury to any person, resultinjg* from arson," to respect-
fully report that they have had the same under consideration, and
they herewith return said bill to this House, and recommend the
passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

310

By Mr. Howell, Chairman of the Committee on Claims :
Mr. Speaker:

The Committee on Claims, to whom was referred House bill No'.
65, "An act for the relief of Alpheus C. Staunton," have had the
same under consideration, and beg leave respectfully to report the
same back, and recommend that it be laid on the table.

The report was concurred in.

By the same : *

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Philip Wainer, for one dozen brooms furnished the Legislature at
its present session, for the sum of two dollars and seventy-five
cents, have had the same under consideration, and beg leave re-
spectfully to report the claim correct, and recommend that the Com-
mittee on Ways and Means be instructed to incorporate into the
specific appropriation bill an allowance for the same.

The report was concurred in.

By the same : , . •

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
R,. L. & A. W. McOuat, for one hundred and eighty-seven dollars
and seventy-five cents for stoves, pipe, zinz, &c., used in fitting up
the State House, have had the same under consideration, and re-
spectfully report the same correct, and recommend that the Com-
mittee on Ways and Means be instructed to incorporate an allow-
ance for the same into the specific appropriation bill.

The report was concurred in.

By the same. -

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
J. S. Mahony, for twenty-seven dollars and seventy-five cents, for
gas fixtures, have had the same under consideration, and beg leave
respectfully to report the claim correct, and recommend that the

311

Committee on Ways and Means be instructed to incorporate in t|||
specific appropriation bill an allowance for the same.
The report was concurred in. \

By the same :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
J. B. Wilson, for thirteen dollars and fifty-five cents for fixtures in
fitting up the State House, gates, &c., have had the same under
consideration, and beg leave to report the claims correct, and recom-
mend that the Committee on Ways and Means be instructed to
incorporate into the specific appropriation bill an allowance for the
same.

The report was concurred in.

By the same:
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Delos, Root & Co., for thirty-two dollars and ninety five cents, for
hardware furnished, have had the same under consideration, and
beg leave respectfully to report the claim correct, and recommend
that the Committee on Ways and Means be requested to incorpo-
rate into the specific appropriation bill an allowance for the same.

The report was concurred in.

By Mr. Stone, from the same committee :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
J. B. Osgood, for fifty-eight dollars, for painting and glazing, &c.,
have had the same under consideration, and beg leave respectfully
to report the claim correct, and recommend that the Committee on
Ways and Means be instructed to incorporate into the specific ap-
propriation bill an allowance for the same.

The report was concurred in.

By Mr. Veach, from the same committee :
Mr. Speaker:

312

The Committee on Claims, to whom was referred the claim of
e Indianapolis Gas and Coke Company, for one hundred and fifty-
dollars and thirty-eight cents, for gas, have had the same under con-
sideration, and beg leave respectfully to report the claim correct,
and recommend that the Committee on Ways and Means be in-
structed to incorporate into the specific appropriation bill an allow-
ance for the same.

The report was concurred in.

By Mr. Wolfe, from the same committee :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
H. A. Fletcher & Co., for seven hundred and twenty-three dollars
and forty-two cents, for carpets, matting, &c., have had the same
under consideration, and beg leave respectfully to report the claim
correct, and recommend that the Committee on Ways and Means
be instructed to incorporate into the specific appropriation bill an
allowance for the same.

The report was concurred in :

By Mr. Lemmon of Harrison, from the same committee.

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
J. H. Ross, for four hundred and twenty dollars, for coal delivered
in December last, for the use of the present Legislature, have ex-
amined the same carefully, and beg leave to report the same cor-
rect, and recommend that the Committee on Ways and Means be
instructed to incorporate into the specific appropriation bill an al-
lowance for the same. '

The report was concurred in.

By Mr. Humphreys, chairman of the Committee on Fees and
Salaries :

Mr. Speaker :

The Committee on Fees and Salaries, to whom was referred
House resolution No. 10, introduced by Mr. Woollen, in compli-
ance with said resolution, respectfully submit to the House the fol-

313

lowing abstract of the fees and salaries of the various officers
whose reports have been referred to them.

The report was laid on the table, and five hundred copies of the
accompanying abstract ordered to be printed.

The House adjourned until 2 o'clock, P. M.

4, O CLOCK, P. M.

The Hoase met.

Mr. Holcomb obtained leave of absence, on account of siclvness.

On motion of Mr. Moorman,
The call of committees was continued.

By Mr. Shoaff of Jay, chairman of the Committee on Roads:
Mr. Speaker:

The Committee on Roads, to whom was referred House bill No.
96, an act to amend the 17th section of the law regulating the as-
sessment of taxes, have had the same under consideration, and
have instructed me to report it back, and recommend its passage,
after striking out section 2 of said bill, it being, in their judgment,
inexpedient to pass an emergency clause in this case.

The report was concurred in.

By the same :

Mr. Speaker : ' ■ .. '

The Committee on Roads, to whom was referred House bill No.
25, "An act authorizing supervisors of roads to remove fences and
buildings standing near public highways, on streams and water
courses, and to assess damages for losses occasioned thereby,"
have had the same under consideration, and a majority of said
committee have instructed me to report it back, and recommend
its passage.

314

The report was concuiTed in, and the bill ordered to be engrossed.
By the same :
Mr. Speaker :

The Committee on Roads, to whom was referred a resolution
instructing them to inquire into the necessity of enacting a law to
prevent injury to turnpikes by hogs running at large, and report by
bill or otherwise, have considered the same, and believe it inexpe-
dient to enact such a law, as it would not change the hog's nature^
and the law would be set at defiance. I am directed to report it
back, and recommend that it be laid upon the table.

The report was concurred in.

Mr. Osborn, from the Committee on Engrossed Bills, made the
following report :

Mr. Speaker :

The Committee on Engrossed Bills have carefully compared
engrossed House bill No. 20, and House joint resolutions Nos. 16,
20, 22, 23, and 24, with the originals, and that the same have, in all
respects, been accurately and correctly engrossed.

Mr. Higgins, chairman of a select committee, made the fol-
lowing report :

Mr. Speaker:

The select committee, to whom was recommitted the resolution
of the House providing for purchasing 1,500 copies of Drapier Bre-
vier Reports of this House, with instructions to ascertain the prob-
able cost of such Reports, have had the same again under consid-
eration, and instruct me further to report, that they have received
an additional communication from Mr. A. E. Drapier upon that
subject, which communication is herewith appended, -and made a
part of this report.

W. W. HIGGINS, Chairman, &c.

At your suggestion, I make additional statements. Considering
that the debates which my report contemplate have not yet begun,
and there remains but five weeks of the session, only a small por-
tion of which can be devoted to the subject proposed to be report-
ed, and there being but two reporters engaged, 1 am satisfied that

315

the reports can not exceed 200 pages. At half a cent a page per
copy, the cost of 200 pages is one dollar per copy, if l,oOO copies
be ordered. One page of the reports contains 1,800 words. Then
the cost here, for reporting and printing, is 84 05 per thousand
words. The price paid by Congress to Mr. Rives, for reporting
alone, is 8G 25 per thousand word?. As to the proposition to print
engrossed bills in these reports, it is plain that the cost would be
less to print theui directly in the newspapers.

A. E. DRAPIER.

January 29, 1863.

■ Mr. Lamb offered the following amendment to the resolution :

Amend by striking out all in relation to taking fifteen hundred
copies of reports, and insert the following:

Resolved, That we will take three additional copies of the
Sentinel, Journal, Volksblat and Free Press, for distribution among
the people.

Mr. Mason moved to strike out the words " two-thirds," and in-
sert " one-half."

Mr. Miller moved to lay the resolution and pending amendments
on the table.

Agreed to. ' •

RESOLUTIONS OF THE HOUSE.

By Mr. Spencer :

Whereas, Certain lands lying in Posey County, in this State,
described as follows. To wit: — The north-east quarter of section
thirty-five. Township five, south of range thirteen, west; also, the
north-west quarter of section twenty-six. Township five, south of
range thirteen, west, and east half of section thirty-four, Township
five, south of range thirteen, west ; were selected by the State of
Indiana for School purposes, and approved to the State, March 11,
1835 ; and

Whereas, Much doubt seems to exist as to the particular pur-
poses for which said lands were approved and confirmed to the
State, and as to what Officers or Board of Officers, if any, is enti-

316

tied to control the same, or authorized to make sale thereof; there-
fore,

Resolved, That the Attorney General be and he is hereby
requested to examine into the title and legal condition of said lands,
and report whether any further legislation is necessary to authorize
the sale, and the investment of the proceeds of the same.

Adopted.

By Mr. Niblack:

Resolved, That His Excellency, the Governor, be respectfully
requested to report to this House at his earliest convenience, the
amount of money paid, if any, within his knowledge, to the com-
mandants of the various Military Encampments of this State, for
the privilege of Sutler stands to the several regiments while in
charge of such commandants ; what amount was paid in each case
for such privilege ; to whom such money has been paid, and what
disposition, if any, has been made of the funds thus collected ; also,
whether pei-sons who have purchased the privileges of Sutler's
stands, as aforesaid, have been dismissed and others substituted in
their places, and whether said dismissed persons have had their
money refunded, and if not, why the same has not been done.

Adopted.

By Mr. Lemmon of Spencer:

Whereas, It is reported to this House that on Friday last, the
30th ultimo, a guard of the fifth Indiana Cavalry, stationed at
Rockport, Indiana, entered a printing office at that place, known as
the Rockport Democrat Office, and in a violent tumultuous and
disgraceful manner, broke up and utterly destroyed nearly all of the
working materials of said office ; and

Whereas, Upon account of this and other irregulations on the
part of that portion of said cavalry stationed at that place, much
irritation exists between such cavalry and a large portion of the
citizens of that vicinity; and

Whereas, The Home Guards of that vicinity have heretofore
demonstrated their willingness and ability to defend the border in
that portion of the State, and are still willing and (as they believe),

317

able to defend said border, if that be all for which troops are
required, at that point; and

Whereas, There seems to be some doubt as to what purpose,
and by whose authority such cavahy are stationed at that place ;
therefore,

Resolved., That His Excellency, the Governor, be requested to
communicate to this House, by whose authority and for what pur-
pose such cavalry are stationed at Rockporf, Indiana, as aforesaid,
and whether such squad of cavalry acted under any order or inti-
mative within his knowledge, which in any manner justified or
excuse the entry and destruction of the printing office aforesaid, and
whether such cavalry cannot be removed to some other point with-
out injury to the public service, and he is farther requested to take
such action as may be necessary to secure the prompt and efficient
punishment of the persons engaged in tne destruction of the print-
ing office aforesaid.

Adopted.

By Mr. Moorman : • ■ . •

Resolved., That the Sinking Fund Committee be instructed to
inquire into the expediency of so amending the law regulating the
sale of lands mortgaged to the Sinking Fund, so as to give one
hundred and twenty days for the redemption of said lands.

Adopted.

By Mr. Packard : •

Resolved, That the Committee on Federal Relations be and they
are hereby instructed to inquire by what authority Military Com-
manders, in other States, banish citizens ofthose States, to remain
in this state for indefinite periods, and report at the earliest practic-
able day.

Adopted.

By Mr. Donaldson :

Whereas, It is important at this time to have an enumeration
of all the wdiite male inhabitants of this State, over the age of
twenty-one years, by counties ; therefore.

Resolved, That the Auditor of State be and he is hereby request-

318

ed to furnish the above information to this House at his earliest
convenience.
Adopted.

By Mr. Newman : , "'

Resolved, That in the opinion of this House it is the duty of
this General Assembly to assist and co-operate, as far as it consti-
tutionally can, with the Federal Government, in securing to the
soldiers of Indiana their back pay. '^

Adopted.

By Mr. Anderson :

Joint resolution No. 27. A joint resolution instructing our
Senators and Representatives to favor a reduction of the duties on
imported paper.

Which was read, and passed to a second reading.

BILLS INTRODUCED.

By Mr. Niblack: ' ^

House bill No. 140. An act to authorize the chairman of in-
vestigating committees appointed by either House or both Houses
of the General Assembly, to administer oaths to witnesses testify-
ing, or called to testify before such committee.

Was read the first time.

Mr. Niblack moved to suspend the constitutional rule, and read
the bill a second time now.

The question being on the suspension of the rule,

Those who voted in the affirmative were — ,

Messrs.

Griffith,

Kendrick,

Pendleton,

AbdiU,

Hall,

Lake,

Perry,

Anderson,

Hanna,

Lamb,

Pettibone,

Atkison,

Harden of W.,

Lasselle,

Priest,

Bird,

Hardin of Perry

, Lee,

Puett,

Blocher,

Harney,

Leeds,

Richardson.

Branham, Hetfield, Lemmon of H., Robinson,

Budd, Hershey, Lemmon of S., Roe,

319

Bnrton,

Higgins,

Marshall,

Ryan,

Beyerle,

Hon,

McCaughey,

Shaffer,

Cason,

Hostetter,

Milroy,

Shoaff of Allen,

Cass,

Howard,

Moorman,

Spencer,

Chambers,

Howell,

Mustard,

Stone,

Collins,

Howk,

Mutz,

Tarkington,

Cook,

Humphreys,

Newman,

Van Buskirk,

Davis,

Hutchings,

Niblack,

Veach,

Donaldson,

James,

Noyes,

Waterman,

Forrester,

Johnson

O'Brien of H.,

Williams,

Garvin,

Jones,

O'Brien of M.,

Wolfe,

Given,

Kemp of Dubois

, Osborne,

Woodruff, and

Gregg,

Kemp of Vigo,

Packard,

Mr. Speaker-84

Gregory,

Those who voted in the negative were —

None.

So the rule was suspended, and the bill read the second time.

Mr. Niblack moved to strike out the word " investigating," so as
to make the act apply to all committees.
Agreed to. '

Mr. Niblack moved that the constitutional provision be further
suspended, and the bill considered as engrossed, read the third time
now, and the bill put upon its passage.

The question being upon the further suspension of the rule,

Those who voted in the affirmative ivere —

Messrs. Griffith, Kendrick, Osborne,

Abbett, Hall, Lake, Packard,

Abdill, Hanna, Lamb, Pendleton,

Anderson, Harden of W., Lasselle, Perry,

Atkison, Hardin of Perry, Lee, Pettibone,

Bird, Harney, Leeds, Priest,

Blocher, Hetfield, ^Lemmon of S., Richardson,

Branham, Hershey, Lemmon of H., Robinson,

Budd, Higgins, Marshall, Roe,

Burton, Hon, Mason, Ryan,

320

Cason,

Hostetter,

McCaughey,

Shoaffof Allen,

Cass,

Howard,

Miller,

Spencer,

Chambers,

Howk,

Milroy,

Stone,

Collins,

Howell,

Moorman,

Tarkington,

Cook,

Humphreys,

Mustard,

Van Buskirk,

Davis,

Hutchings,

INIutz,

Veach,

Donaldson,

James,

Newman,

Waterman, .

Forrester,

Johnson,

Niblack,

Williams,

Garvin,

Jones,

Noyes.

Wolfe,

Gregg,

Kempof Duboi?

;, O'Brien of H.,

Woodruff, and

Gregory,

Kemp of Vigo,

O'Brien of M.,

Mr. Speaker-85.

Mr. Puett voted in the negative.

So the rule was suspended, and the bill read the third time.

The question being, shall the bill pass ?

Those loho voted in the affirmative loere —

Messrs.

Griffith,

Kendrick,

Osborne,

Abbett,

Hall,

Lake,

Packard,

AbdiU,

Ha una.

Lamb,

Pendleton,

Atkison,

Harden of W.,

Lasselle,

Perry,

Bird,

Hardin of Perry

, Lee,

Petti bone,

Blocher,

Harney,

Leeds,

Priest,

Branham,

Hetfield,

Lemraon of H.

, Puett,

Budd,

Hers hey.

Lemmon of S.,

Richardson,

Burton,

Higgins,

Marshall,

Robinson,

Cason,

Hon,

Mason,

Roe,

Cass,

Hostetter,

McCaughey,

Ryan,

Chambers,

Howard,

Miller,

Shoaff of AUen,

Collins,

Howell,

Milroy,

Stone,

Cook,

Howk,

Mooru'ian,

Tarkington,

Davis,

Humphreys,

Mustard,

Van Buskirk,

Donaldson,

Huthings,

Mutz,

Veach,

Forrester,

James,

Newman,

Waterman,

Garvin,

Johnson,

Niblack,

Williams,

Given,

Jones,

Noyes,

Wolfe,

Gregg,

Kemp of Dubois

, O'Brien of H.,

Woodruff, and

Gregory,

Kemp of Vigo,

O'Brien of M.,

Mr. Speaker-83,

321

Those who voted in the negative were — ' •. ' ; '

None.

So the bill passed, and the Clerk was ordered to inform the
Senate thereof.

Mr. Niblack moved to amend the title by striking out the word
"investigating."

The amendment was adopted.

By Mr. Hanna:

House bill No. 141. A bill to create an executive council, and
detining the duties thereof,

Mr. Cason moved to reject the bill.

Mr. Hanna moved the previous question, which was ordered by
the House.

The question being upon the rejection of the bill,
Those who voted in the affirmative were —

Messrs.

Davis,

Johnson,

Noyes,

Abdill,

Forrester,

Jones,

O'Brien of H.,

Anderson,

Gregg,

Kendrick,

Perry,

Atkison,

Gregory,

Lamb,

Pettibone,

Baker,

Griffith,

Leeds,

Robinson,

Branhani,

Hers hey,

Marshall,

Roe,

Budd,

Higgins,

?vIoorman,

Stone,

Beyerle,

Hostetter,

Morgan,

Tarkington,

Cass,

Hutchings,

Mustard,

Van Buskirk,and.

Cason,

James,

Newman,

Woodruff— 40.

Chambers,

Those ivho voted in the ;■,

leg-ative were —

Messrs.

Harden of W.

, Lee,

Puett,

Abbett,

Hardin of P.,

Lemmon of H.,

, Richardsoni,

Bird,

Parney,

Lemmon of S.,

Ryan,

Blocher,

Hetfield,

Mason,

Shaffer,

Burton,

Hon,

McCaughey,

Shoaff of Allen,

Collins,

Howard,

MiUer,

Shoaff of Jay,

H. J.-

-21

322

Cook, Howell, Milroy, Spencer,

Donaldson, Howk, Mutz, Veach,

FeiTis, Humphreys, Niblack, Waterman,

Garvin, Kemp of Dubois, Osborne, Williams,

Given, Kemp of Vigo, Packard, Wolfe, and

Hall, Lake, Pendleton, Mr. Speaker-50.

Hanna, Lasselle, Priest,

So the bill was not rejected, and passed to a second reading.

By Mr. Garvin :

House bill No. 142. An act to amend the 656th and 661st sec-
tions of an act entitled "An act to revise, simplify and abridge the
rules, practice, pleadings and forms in civil action in the courts of
this State, to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of plead-
ing and practice, without distinction between law and equity," ap-
proved June 18, 1852.

The bill was read and passed to a second reading.

By Mr. Lamb:

House bill No. 143. An act to authorize County Auditors to
issue fee bills in certain cases therein named.

The bill was read and passed to a second reading.

By Mr. Moorman :

House bill No. 144. An act to amend the 46th section of "An
act to provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewath,"
approved March 11, 1861.

The bill was read, and passed to a second reading.

By Mr. Beyerle : ,

House bill No. 143. An act for the relief of George Arnold.
The bill was read, and passed to a second reading.

By Mr. Waterman:

House bill No. 146. An act to provide for the appointment of

323

Attorneys and assistant Prosecutors to prosecute the pleas of the
State in the Circuit and Common Pleas Courts, in certain cases,
and for the appointment of counsel for prisoners, when such pris-
eners are unable to pay such counsel, and to provide for the pay-
ment of such appointees, and to repeal all laws coming in conflict
with this act.

The bill w^as read, and passed to a second reading.

The House adjourned until to-morrow at 9 o'clock, A. M.

FRIDAY, 9 o'clock, A. M., |
February 6, 1863. \

The House met.

The Journal was read and approved.

Mr. ShoafF of Jay, offered the following resolution, which was
adopted.

Resolved, That the Doorkeeper be instructed to provide a suita-
ble room, on as reasonable terms, and as convenient to the State
building as possible, for the use of the Committee on Arbitrary Ar-
rests.

Mr. Kilgore obtained leave of absence for three days.

Mr. Williams obtained leave of absence on account of sickness.

BILLS INTKODUCED.

By Mr. Garvin :

House bill No. 147. An act to amend an act entitled "An act
to revise, simplify and abridge the rules, practice, pleadings and
forms in civil cases in the courts of this State, to abolish distinct
form of action at law, and to provide for the administration of jus-
tice in a uniform mode of pleading and practice, without distinc-
tion between law and equity," approved June 18, 1852.

The bill was read, and passed to a second reading.

324

By Mr. Newman :

House bill No. 148. A bill to more efFectually prevent injury to
grain while growing in fields, or standing in stacks or ricks, pre-
scribing punishment therefor, and providing for the detection of
persons guilty of committing such injuries.

The bill was read, and passed to a second reading.

ByMr. Howk:

House bill No. 149. An act supplemental to an act entitled an
act for the incorporation of manufacturing and mining companies,
aud companies for mechanical, chemical, and building purposes,
approved May 20, 1852, and to repeal the 11th and 14th sections of
said act.

The bill was read, and passed to a second reading.

A message from the Governor by Mr. Holloway, his private Sec-
retary :

State of Indiana,
Executive Department,
Indianapolis, Feb. 4, 1863.

To the General Asseynhly of the State of Indiana :

Owing to the immense drafts that have been made on the trea-
sury of the United States, the Government has been unable to
promptly pay the troops the wages to which they are entitled. To
most of the soldiers four months pay is due, and to many of them
six.

I am informed, however, that enough money has recently been
furnished to the Pay Masters to pay all arrearages up to the first
day of November last, which will still leave due and unpaid their
wages for two months, ending on the first day of January. This
failure, by the Government, to pay to the army the money due to
it at the period fixed by law for its payment, which is every two
months, operates with great hardship upon the wives, children, and
parents who are dependent upon it for support. The compensa-
tion of the private soldier is small, and if the payment of it be
greatly delayed, much suffering must ensue.

The brave and generous men who have gone to the field to peril
their fives in battle, and endure the hardships of war, should not be

325

allowed to feel that the payment of their scanty connpensation is
delayed, if there be any means by which delay can be avoided.
The soldier needs money while in camp and on the march, and
often suffers greatly in health and comfort for want of it.

The Government, I believe, is doing all in its power to meet its
engagements promptly; but the question is, whether the State
could not, without serious detriment to herself, remove the diffi-
culty, so far as the Indiana troops are concerned, by advancing
their unpaid wages? If proper legislative authority were given;
the Slate could, I have no doubt, borrow of the banks or individ-
uals in Indiana, New York, or other places, at legal interest, enough
money for the purpose, and an arrangement could be made with
the Secretary of the Treasury by which the amount advanced
should be refunded to the State by the United States, whenever
the Government was able to pay the same to the troops, if they
had not been paid by the State, The State would be reimbursed
for her expendiiure, probably every 60 or 90 days, and the interest
paid upon the bonds would be trifling, compared with the amount
of good that would be accomplished; and this interest would, no
doubt, be refunded by the Government.

The plan for doing it, I would briefly suggest, as follows : Let
the officers and soldiers, in proper form, assign the pay due them
to the Treasurer of the State, with a direction in the assignment
to whom the money should be paid by the State.

If the money is to be paid to the families or friends of the offi-
cer or soldier, being in this State, it can be done through the treas-
urer of the county in which such persons live. If the money is to
be sent to the soldier in the field, it can be done by Federal Pay
Masters, under an arrangement with the Pay Master General, at
Washington ; or if it be preferred, the money can remain in the
State Treasury as a deposit, subject to the order, at any time, of
the person entitled to draw it.

Upon the pay rolls thus assigned to the Treasurer of the State
he can, from time to time, settle with the United States, and receive
back the moneys advanced.

The measure proposed has several important advantages.

First. By the prompt payment of the troops a prolific source of
discontent and desertion is removed.

Secondly. Officers and men are enabled to provide for their own
necessities in the field, and for the support of their families and de-
pendent ones at home. .

326

Thirdly. By the plan proposed, of paying through the county
treasurers, families and dependent ones at home will receive a large
amount which would never reach them, even though it was promptly
paid to those entitled, while they were in the field.

Fourthly. Much money would be held in trust, as a deposit in
the State Treasury, which, if paid to the soldiers in the field, would
be squandered or lost.

The recommendation is not intended to be confined to pay now
in arrears, but to apply in the future, when the Government is un-
able promptly to meet its engagements with the army.

Should the plan suggested not be deemed feasible or the best, I
will cheerfully co-operate with you in the adoption of any other
by which the main purpose, the prompt payment of Indiana troops,
can be accomplished.

I would respectfully invite your early consideration of this sub-
ject.

O. P. MORTON,
Governor of Indiana.

The communication was referred to the Committee of "Ways
and Means.

Mr. Chambers obtained leave of absence until Thursday next.

Mr. Stone obtained leave of absence until Monday noon.

By consent of the House,

Mr. Ferris offered the following resolution, which was adopted :

Resolved, That a- committee of three be appointed by the
Speaker, whose duty it shall be to visit the several hospitals in and
about the city of Indianapolis, where sick or wounded soldiers are
taken care of, and report to this House as to the manner and effi-
ciency of the treatment of the same; and also to recommend to
this House, if necessary, such action as may be needed to render
the condition of such sick or wounded soldiers as comfortable as
possible.

BILLS ON THEIR THIRD READING.

Engrossed bill of the House No. 66. An act to amend the act
entitled "An act to incorporate the Wabash Navigation Company,"

327

approved Jan. 13, 1846, and to authorize the said company to raise
money when necessary to make repairs on their works.
Was read the third time.

The question being, shall the bill pass.

Those who voted in the affirmative were —

Messrs.

Forrester,

Johnson,

O'Brien of M.,

Abbett,

Garvin,

Kemp of Dubois

, Osborn,

Abdiil,

Given,

Kemp of Vigo,

Packard,

Anderson,

Gregg,

Lake,

Pendleton,

Atkison,

Gregory,

Lamb,

PeiTy,

Baker,

Hall,

Lasselle,

Pettibone,

Bird,

Hanna,

Lee,

Puett,

Blocher,

Harden of W.,

Leeds,

Reitz,

Brogan,

Hardin, of P.,

Lemmon of H.,

, Richardson,

Budd,

Hetfield,

Lemmon of S.,

Roberts,

Burton,

Hershey,

Marshall,

Ryan,

Beyerle,

Higgins,

Mason,

Shaffer,

Cason,

Hon,

McCaughey,

ShoafT of Allen,

Cass,

Hostetter,

Miller,

Tarkington,

Chambers,

Howard,

Milroy,

Van Buskirk,

Collins,

Howell,

Moorman,

Veach,

Cook,

Howk,

Mustard,

Williams,

Davis,

Hum]3hreys,

Niblack,

Wolfe, and

Ferris,

James,

O'Brien of H.,

Mr. Speaker-75.

Those loho voted in the negative were —

Messrs.

Hatchings,

Noyes,

Roe, and

Donaldson,

Jones,

Priest,

Woodruff— 10.

Griffith,

Newman,

Robinson,

So the bill passed. •

House bill No. 20. An act to amend section forty-six of an act
entitled " An act to provide for a general system of Common
Schools, the officers thereof and their respective powers and duties,
and matters properly connected therewith, and for the establish-
ment and regulation of Township Libraries, and to repeal ail laws
inconsistent therewith ;"

Was read the third time.

328
The question being, shall the bill pass.

Those who voted in the affirmative were-

Messrs.

Gregg,

Lamb,

Pendleton,

Abbett,

Gregory,

Lasselle,

PeiTy,

Abdill,

Griffith,

Leeds,

Pettibone,

Anderson,

Hall,

Lcmmon of S.,

Reitz,

Atldson,

Hardin of Perry, Marshall,

Richardson,

Baker,

Hetfield,

Mason,

Robinson,

Brogan,

Hershey,

McCaughey,

Roe,

Budd,

Higglns,

Miller,

Ryan,

Burton,

Hon,

Milroy,

ShafFer,

Beyerle,

Hostetter,

Moorman,

Shoaffof Allen,

Cason,

Howell,

Morgan,

Stone,

Chambers,

Howk,

Mustard,

Tarkington,

Collins,

Humphreys,

Newman,

Van Buskirk,

Cook,

Hutchings,

Niblack,

Veach,

Davis,

James,

Noyes,

"Williams,

Donaldson,

Johnson,

O'Brien of H.,

Wolfe,

Ferris,

Jones,

O'Brien of M.,

WoodrufT, and

Forrester,

Kempof Duboi

is, Osborne,

Mr. Speaker-74.

Garvin,

Lake, '

Packard,

Those tvho voted m the negative vjere —

Messrs.

Hanna,

Kemp of Vigo,

Priest, and *: .^

Bird,

Harden of W..

, Lee,

Puett— 10.

Blocher,

Howard,

Lemmon of H.

So the bill passed. .

House bill No. 44. An act to amend the sixth section of " An
act to fix the times of holding the Common Pleas Courts in the
several Counties in this State, the duration of the terms thereof,
and making all process from the present Common Pleas Courts re-
turnable to such terms, and declaring when this act shall take effect,
and repealing all laws inconsistent therewith," approved March 5,
1859.

Was read the third time. '

Mr. Perry, by the unanimous consent of the House, offered the
foUowincf amendment : '

329

Amend by adding the following section to the bill:

Section Two. Whereas an emergency exists for llio immediate
taking effect of this act, it shall therefore lake effect and be in force
from and after its passage.

Amend by inserting after the words "approved March 5, 1859,"
the following: •

Section First. Be it enacted by the General Assembly of the
State of Indiana, that section six of the above recited act.
The amendment was adopted.

The question being, shall the bill pass.

Those laho voted in the afflnnative ivere —

Messrs.

Gregory,

Lake,

Packard,

Abbett,

Gritfitli,

Lamb,

Pendleton,

Abdill,

Hall,

Lasselle,

Perry,

Anderson,

Hanna,

Lee,

Pettibone,

Bird,

Harden of W,,

Leeds,

Priest,

Blocher,

Hardin of Perry

, Lemmon of H.,

Reitz,

Brogan,

Hetfield,

Lemmon of S.,

Roberts,

Budd,

Hershey,

Marshall,

Robinson,

Burton,

Higgins,

Mason,

Roe,

Beyerle,

Hon,

McCanghey,

Ryan,

Cason,

Hostetter,

Miller,

Shaffer,

Cass,

Howard,

Milroy,

Shoaff of Allen,

Chambers,

Ho-well,

Moorman,

Shoaffof Jay,

Collins,

Howk,

Morgan,

Tarkington,

Davis,

Humphreys,

Mustard,

Van Buskirk,

Donaldson,

Hutchings,

Newman,

Veach,

Ferris,

James,

Niblack,

Williams,

Forrester,

Johnson,

Noyes,

Wolfe,

Garvin,

Jones,

O'Brien of H.,

Woodruff, and

Given,

Kemp of Dubois

;,0'Brien of M.,

Mr. Speaker-83.

Gregg,

Kemp of Vigo,

Osborn,

Mr. Priest

voting in the negati

ve— L

So the bill

passed.

House bill No. 54. An act to

1 authorize County Treasurers to

offer lands d^

ilinquent for taxes, for sale at the Auditor's office ;

330

AVas read the third time.

Mr. Packard moved to lay the bill on the table,
Not agreed to.

Ml*. Bird moved that the bill be again recommitted to the Com-
mittee on the Judiciary with instructions to amend, so as to make
the provisions of the bill applicable to those counties only where
there are no Court Houses.

Mr. Miller moved to amend the amendment by providing that
tax sales shall take place either at the Court House or the Audi-
tor's Office. . -

Mr. Leeds moved that the motion to re-commit lie on the table.
Agreed to.

The question being shall the bill pass ?

Those who voted in the afflrmative were —

Messrs.

Griffith,

Lasselle,

Perry,

Abbett,

Hall,

Lee,

Pettibone,

Abdill,

Hanna,

Leeds,

Priest,

Anderson,

Hardin of W.,

Lemmon of H.,

, Richardson,

Atkison,

Hardin of P.,

Lemmon of S.,

Roberts,

Baker,

Hetfield,

Marshall,

Robinson, v

Bird,

"Hershey,

Mason,

Roe,

Blocher,

Hon,

McCaughey,

Ryan,

Brogan,

Hostetter,

Miller,

Shaffer,

Budd,

Howard,

Milroy,

Shoaff of Allen,

Burton,

Howell,

Moorman,

Shoaflof Jay,

Beyerle,

Howk,

Morgan,

Spencer,

Cass,

Humphreys,

Mustard,

Stone,

Chambers,

Hutchings,

Mutz,

Tarkington,

Cook,

James,

Newman,

Van Buskirk,

Davis,

Johnson,

Niblack,

Veach,

Donaldson,

Jones,

Noyes,

Williams,

Forrester,

Kem]) of Duboii

3,0'Brien of H.,

Wolfe,

Given,

Kemp of Vigo,

O'Brien of M.,

Woodruff, and

Gregg,

Lake,

O shorn,

Mr. Speaker-82.

Gregory,

Lamb,

Pendleton,

331

Those ivho voted in the negative were —

Messrs.
Collins,

Higgins,
Packard,

Puett, and Reitz — 5,

So the bill passed.

House bill No. 69. A bill to regulate the duties of the State
Librarian;

Was read the third time.

Mr. Anderson, by consent of the House, offered the following
amendment:

Insert after the title, "Be it enacted by the General Assembly of
the Slate of Indiana."

The amendment was adopted.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Gregory,

Lamb,

Pendleton,

Abbett,

Griffith,

Lasselle,

Perry,

Abdill,

Hall,

Leeds,

Pettibone,

Anderson,

Hanna,

Lemmon of H.

, Priest,

Atkison,

Harden of W.,

Lemmon of S.,

Puett,

Baker,

Hardin of Perry

, Marshall,

Reitz,

Bird,

Hetfield,

Mason,

Richardson,

Blocher,

Hershey,

McCaughey,

Roberts,

Brogan,

Higgins,

Miller,

Robinson,

Brown,

Hon,

Milroy,

Ryan,

Budd,

Hostetter,

Moorman,

Shaffer,

Burton,

Howard,

Morgan,

Shoaffof Allen,

Beyerle,

Howell,

Mustard,

Shoaff of Jay,

Cass,

Howk,

Mutz,

Spencer,

Chambers,

Humphreys,

Newman,

Stone,

Cook,

James,

Niblack,

Tarkington,

Davis,

Johnson,

Noyes,

Van Buskirk,

Donaldson,

Jones,

O'Brien of H.,

Williams,

Forrester,

Kemp of Duboi

s,0'BrienofM.,

Woodruff, and

Garvin,

Kemp of Vigo,

Osborne,

Mr. Speaker-82.

Gregg,

Lake,

Packard,

Those tcho voted hi the negative ivere —

Messrs. Hutching and Roe — 2.

So the bill passed.

Mr. Anderson otlered the following:

xVmendni(-nt to the title: Add, "and providing penalties for the
violations of the jirovisions of this act."
The amendment was adopted.

House bill Xo. 95. An act to fix the time of holding the Courts
of Common Pleas in the counties of Adams, Wells, Huntington,
and Allen, and the duration of the terms thereof, and making all
process from the present Common Pleas Courts returnable to such
terms, and declaring when this act shall take effect;

Was read the third time.

Mr. Bird moved to amend by striking out the emergency clause.
Adopted.

The question being, shall the bill pass ?

Those ivho voted in the affirmative ivere —

Messrs.

Gregory,

Lasselle,

Perry, :.

Abbett,

Griffith,

Lee,

Pettibone,

Abdill,

Hall,

Leeds,

Priest,

Anderson,

Hanna,

Lemmon of H.

, Puett,

Atkison,

Hardin of W.,

Lemmon of S.,

Reitz,

Baker,

Harden of Perr

y, Marshall,

Richardson,

Bird,

Hetfield,

Mason,

Roberts,

Blocher,

Hershey,

McCaughey,

Robinson,

Brogan,

Higgins,

Miller,

Roe,

Brown,

Hon,

Milroy,

Ryan,

Budd,

Hostetter,

Moorman,

Shaffer,

Burton,

Howard,

Morgan,

ShoafF of Allen,

Beyerle,

Howell,

Mustard,

Shoaff of Jay,

Cass,

Howk,

Mutz,

Spencer,

Chambers,

Humphreys,

Newman,

Stone,

CoUins,

Hutchings,

Niblack,

Tarkington,

Cook,

James,

Noyes,

Van Buskirk,

333

Davis,

Donaldson,

Forrester,

Garvin,

Given,

Johnson, O'Brien cf H., Yeach,

Jones, O'Brien of M., Williams,

Kemp of Dubois, Osborne,
Kemp of Vigo, Paekard,
Lake, Pendleton,

Lamb,

Wolfe,

Woodrutl', and
Mr. Speaker-89.

None voting in the negative.

So the bill passed.

Mr. Lasselle moved the following amendment to the title :

Strike out the words '"declaring when the act shall take efiect."
Adopted.

Senate bill No. 10. An act 1o amend section nine of an act of
anrendment, approved March 9, ISGl, of an act approved February
12, 1855, amending section second of an act concerning the organ-
ization of volnnlaiy associations, and lepealing former laws in ref-
erence' 1 hereto ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative tvere—

Messrs.

Gregg,

Kemp of Vi

go,

Perry,

Abbett,

Gregory,

Lake,

Pettibone,

Abdill,

Griirith,

Lamb,

Priest,

Atkison,

Hall,

Lasselle,

Puett,

Baker,

Hanna,

Lee,

Reitz,

Bird,

Harden of Vv^,

Leeds,

Richardson,

Blocher,

Hardin of Perry

, Lemmon

H.,

, Roberts,

Brogan,

Hettield, ■

Letnmon

S.,

Robinson,

Brown,

Hers hey.

Marshal],

Ryan,

Budd,

Higgins,

Mason,

Shaffer,

Burton,

Hon,

McCaugl:

•ey;

Shoalf of Allen,

Beyerle,

Hosletter,

Miller,

Shoaff of Jay,

Cass,

Howard,

Milroy,

Spencer,

Chambers,

Howell,

Mustard,

Stone,

Collins,

Howk,

Mutz,

Tarkington,

Cook,

Humphreys,

Niblack,

Veach,

Davis, Hutchings, Noyes, Williams,

Donaldson, James, O'Brien of M., Wolfe,

Forrester, Johnson, Osborn, Woodruff, and

Garvin, Jones Packard, Mr. Speaker-83.

Given, Kemp of Dubois, Pendleton,

Those who voted in the negative were —

Messrs. Newman and O'Brien of Hamilton — 2.

So the bill passed.

Mr. Lasselle offered the following amendment to the title :

Resolved, That the title of the act be amended so as to read
''An act to amend section 9 of an act entitled an act to amend
section 2 of an act entitled an act concerning the organization of
voluntary associations, and repealing former laws in reference
thereto," approved February 12, 1855, approved March 9, 1861.

The amendment was adopted.

Mr. Packard, by consent of the House, offered joint resolution
No. 28 relative to the payment of our soldiers in gold, or its equiv-
alent in paper currency ;

Which was read, and passed to a second reading.

The House adjourned until 2 o'clock P. M.

2 o'clock, p. m.
The House met.

Mr. Roberts moved to reconsider the vote by which the report of
the Committee on County and Township Business was concurred
in, and by which. House bill No. 35, an act extending the term of
office of Township Trustees from one to two years, was laid on the
Table.

Agreed to.

The question being on concurring in the report of the committee,
The report was not concurred in.

335

]Mr. Brown moved to recommit the bill to the Committee on
County and Township Business.

Mr. Perry moved to lay the motion to recommit on the table.
Agreed to.

Mr. Spencer moved to refer the bill to the Committee on Educa-
tion.

Mr. Mason moved to lay the motion to refer on the table.
Agreed to.

Mr. Brown moved to refer the bill to the Committee on the Ju-
diciary.

Mr. Roberts moved to lay the motion to refer on the table.

AgTreed to.

The bill was ordered to be engrossed.

Mr. Hardin of Perry moved to take from the table House bill
No. 92, in relation to the collection of delinquent taxes by County
Treasurers.

Agreed to. .

Mr. Hardin of Perry moved to refer the bill to a select committee
of five.

Agreed to.

The Speaker appointed Messrs. Hardin of Perry, Niblack, Lamb,
Cass and Donaldson said committee.

Mr. Brown, by consent of the House, olTered the following reso-
lution :

Wheras, It has been charged upon the floor of this House "that
an emissary of JefF. Davis, (meaning JefTerson Davis of the so-called
Southern Confederacy), was in consultation with members of this
House on a certain night;" therefore, be it

Resolved^ That a select committee of three be appointed by the
Speaker of this House to ascertain, and report to this House as
soon as practicable, whether any members of this House have been
in consultation with such emissary, and if they have been, who
such members are, when and where they had such consultation,
and for what purpose they had the same.

336

Resolved, That said committee be empowered to send for wit-
nesses, compel cittendance, and examine said witnesses upon oath
in reference to the matter set forth in the foregoing preamble and
resolutions.

Mr. Cason moved that the resolution lie on the table.

Messrs. Brown and Miller demanded the ayes and noes.

Those who voted in the affirmative ivere-

Messrs.

Abdill,

Anderson,

Budd,

Cason,

Chambers,

Forrester,

Gregg,

Gregory,

Higgins,

Hostetter,

Hatchings,

Jaines,

Jones,

Lamb,

Leeds,

Moorman,

Newman,

Noycs,

O'Brien of H.,

Perry,

Those loho voted in the nes-ative loere-

Messrs.

Abbett,

Atkison,

Bird,

Bloc her,

Brogan,

Brown,

Burton,

Beyerle,

Cass,

Collins,

Cook,

Donaldson,

Garvin,

Griflith,

Hall, Lee,

Hanna, Leiumon of H.,

Harden of W., Lcmmon of S.,
Hardin of Perry, Marshall,

Harney,

Hershey,

Hon,

Howard,

Howell,

Howk,

Humphreys,

Johnson,

Mason,

McCaughey,

Miller,

Milroy,

Mustard,

Mutz,

Nil)lack,

O'Brien of M.,

Kemp of Dubois,Osborn,
Kemp of Vigo, Packard,
Lake,

Pettibone,

Robinson,

Roe,

Stone,

Tarkington,

Van Baskirk,and

Woodruff— 27.

Pendleton,

Priest,

Paett,

Reitz, ,

Richardson,

Roberts,

Ryan, '

Shaffer,

Shoaff^of Allen,

Spencer,

Veach,

Wolfe,

Woollen, and

Mr. Speaker-58.

So the resolution was not laid upon the table.

Mr. Atkison moved to amend by adding:

"And that David C. Branham be one of the committee, and that
he be a competent witness in the investigation."

337

Mr. Roberts moved the previous question ;
Which was ordered.

The question being on the amendment,
It was not adopted.

The question being on the adoption of the resolution,

Messrs. Packard and Brown demanded the ayes and noes.

Mr. Branham was excused from voting.

Those ivho voted in the affirmative were —

Messrs.

Hanna,

Lemmon

of H.

, Priest,

Abbett,

Harden of W.,

Lemmon (

of S.,

Puett,

Bird,

Hardin of Perry

■, Mason,

Reitz,

Blocher,

Harney,

McCaughey,

Richardson,

Brogan,

Hetfield,

Miller,

Roberts,

Brown,

Hon,

Milroy,

Robinson,

Budd,

Howard,

Mutz,

Ryan,

Burton,

Howell,

Niblack,

Shaffer,

Collins,

Humplireys,

O'Brien of M.,

Shoaffof Allen,

Cook,

Hatchings,

Osborn,

Spencer,

Donaldson,

Kemp of Dubois, Packard,

Veatch,

Garvin,

Kemp of Vigo,

Pendleton.

Wolfe,

Given,

Lake,

Perry,

Woollen, and

Griffith,

Lasselle,

Pettibone,

Mr. Speaker-56.

Hall,

Lee,

Those who voted in the nes;ative were-

Messrs.

Forrester,

Jones,

O'Brien of H.„

Abdill,

Gregg,

Leeds,

Perry,

Anderson,

Gregory,

Marshall,

Roe,

Atkison,

Hershey,

Moorman,

Stonev

Beyerle,

Higgins,

Mustard,

Tarkington,and

Cason,

Hostetter,

Noyes,

Woodruff— 25.

Chambers,

James,

So the resolution was adopted.

The Speaker announced the following select committee to visit
H. J.— 22

338

the military hospitals of the city, under a previous resolution of
the House: Messrs. Ferris, Beyerle, and Lake.

Mr. Moorman obtained leave of absence until Tuesday.

The House adjourned until to-morrow morning at 9 o'clock.

SATURDAY, 9 o'clock, A. M., |
February 7, 1S63. \

The House met. • , ^

The reading of the Journal was dispensed with.

Mr. Cass obtained leave of absence on account of sickness.

The Speaker laid before the House the following communica-
tion from the Indiana Institution for the Blind :

Indianapolis, February 5, 1863.

To the Indiana House of Representatives :

In response to a resolution adopted by your honorable body,
January 23, 1863, I beg leave to communicate that it is contem-
plated to give before the General Assembly the desired exhibition
of the method of instruction pursued in our Institution, and the
progress of the pupils under the same, on next Wednesday even-
ing, the 11th instant, at the Masonic Hall, commencing at half-past
seven o'clock. A full attendance of the members of your House
is earnestly solicited.

Respectfully submitted,

W. H. CHURCHMAN, Sup't.

The Speaker laid before the House the following communica-
tion from the President of the Sinking Fund :

Hon. Samuel H. Buskirk, Speaker of the House of Representatives :
Sir: — I take the liberty of making a few suggestions through

339

you to the House over which you preside, in reference to such
changes as in my judgment ought to be made in the law regulat-
ing the duties of the board of Sinking Fund Commissioners :

1st. The law under which lands mortgaged to the Sinking
Fund are now sold for non-payment of interest, allows to the mort-
gagor only sixty days for its redemption. These lands are mostly
purchased by speculators, and the time for redemption in many
cases expires before the mortgagor has notice that his lands have
been sold. I can not see that the interest of the fund would be
jeopardized by an extension of the time.

2d. I think the law requiring the distribution of the funds
among the counties should be repealed ; experience has shown that
in many cases losses have resulted through such distribution. In-
stead thereof I recommend that the board be vested with discre-
tionary power, either to re-loan, as heretofore, under the old law, or
to apply the funds to the purchase of Indiana bonds. I would not
make it obligatory vipon the board to purchase bonds exclusively,
as that would have a tendency to increase their market value, but
still give the bonds the preference, while they can be had at such
prices as in the judgment of the board would be to the interest of
the fund.

3d. That whenever bonds are so purchased, that they be can-
celled, and a new non-assignable bond be issued by the proper offi-
cers of State, for the whole amount presented at'&.ny one time, and
that the interest thereon be payable at the office of the Sinking
Fund, at Indianapolis. I will make no lengthy argument in sup-
port of the foregoing suggestions, as I think a statement of them
will induce the proper investigation by the Legislature.
Very respectfully,

W. H. TALBOTT,
President Board Sinking- Fund Commissioners.

Referred to the Committee on Ways and Means.

Mr. Howk obtained leave of absence on account of sickness.

By consent of the House, Mr. Hanna offered the following con-
current resolution :

Whereas, His Excellency, Gov. O. P. Morton, in his special

■ ' 340

message to the Legislative department of the State of Indiana, of
Feb. 4, 1863, has advised that negotiations be instituted with the
Secretary of the Treasury and the Paymaster General of the United
States, to the end that the State of Indiana may assume the pay-
ment of the amounts now in arrears, due the soldiers thereof, as
well as to insure more prompt payment in the future ; said Secretary
and Paymaster agreeing to reimburse such parties as may be will-
.ng to advance said money upon the credit of the State ; therefore,

Be it resolved by the House of Representatives, [the Senate con-
curring,) That a joint committee of two Representatives and one
Senator, to be appointed by the Speaker of the House and the
President of the Senate, respectively, be instructed to correspond,
without delay, with the Secretary of the Treasury and the Pay-
master General of the United States, to ascertain whether the re-
lief contemplated in His Excellency's special message can be at-
tained.

Adopted.

The Speaker appointed Messrs. Hanna and Van Buskirk said
committee on the part of the House.

Mr. Garvin presented a memorial from the citizens of Vander-
burg county, praying the Legislature to reimburse the county of
Vanderbm-g for moneys expended for arms for the protection of the
border.

Referred to the Committee on Military Affairs.

On motion of Mr. Roberts,

The House suspended the order of business, and proceeded to
the

ORDERS OF THE DAY.

The special order being the resolution of Mr. Mason, relative to
the distribution of arms, it was postponed until Wednesday next,
at 10 o'clock, A. M., and made the special order for that hour.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House, that the Sen-
ate has passed the following engrossed bill thereof, viz :

341

Senate bill No. 15. A bill authorizing railroad companies to
make extensions, or branches, in certain cases, and to take stock in
railroad bridges.

In which the concurrence of the House is respectfully requested.

Which was read, and passed to a second reading.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed to inform the House that the Senate has passed
tlie following engrossed bills thereof, to-wit:

Senate bill No. 16. A bill prescribing the forms of conveyances
of real estate, that may be used by executors, administrators, guar-
dians, trustees, and commissioners, in certain cases, amending sec-
tion 100 of the act in relation to the settlement of decedents' es-
tates, approved Jane 17, 1852; and, also, to repeal the 547th sec-
tion of an act entitled an act to revise, simplify, and abridge the
rules, practice, pleadings, and forms, in civil cases, in the courts of
this State; to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in an uniform mode of plead-
ing ancLpractice, without distinction between law and equity, ap-
proved June 18, 1852.

Senate bill No. 17. A bill to provide that the amount of United
States Government stamp duties required and used on original
process certificates, bonds, appraisements, deeds of conveyance by
sheriffs, and on other instruments, shall, in all actions, be taxed and
collected as other costs in said action.

Senate bill No. 20. A bill to amend section 33 of an act enti-
tled "An act to provide for the valuation and assessment of the
real and personal property, and the collection of taxes in the State
of Indiana ; for the election of township assessors, and prescribing
the duties of assessors, appraisers of real property, county treasurers
and auditors, and of the Treasurer and Auditor of State," approved
June 21, 1862.

Senate bill No. 22. A bill to amend the 54th section of chapter
7, entitled an act defining misdemeanors, and prescribing punish-
ment therefor, approved June 14, 1852.

Senate bill No. 24. A bill to provide for the execution of con.

342

veyances by county auditors for school lands, when the certificate
was not properly assigned, or assignment acknowledged, in certain
cases.

Senate bill No. 26. A bill to amend the 12th section of an act
touching the relation of guardian and ward, approved June 9, 1852*

Senate bill No. 30. A bill to provide for the erection and repair
of any bridge across a stream forming the boundary line between
two counties, and to repeal laws inconsistent therewith.

Senate bill No. 32. A bill to provide for the publication of no-
tice of the pendency of suits as against defendants whose resi-
dence is unknown.

In which the concurrence of the House is respectfully requested.

"Which several bills were read, and passed to a second reading.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed to inform the House that the Senate has passed
the following engrossed bills thereof, to-wit :

Senate bill No. 28. A bill in addition to the first section of an
act passed in 1861, entitled an act to amend the second section of
an act entitled an act to amend the two hundred and second and
two hundred and eighth sections of an act entitled "an act to re-
vise, simplify, and abridge the rules, practice, and forms in civil
cases."

Senate bill No. 33. A bill providing the form of deed that may
be used by sheriff and coroner in certain cases.

In which the concurrence of the House is respectfully requested.

The bills were read, and passed to a second reading.

BILLS ON SECOND READING.

The following bills were read the second time: , ,

House bill No. 135. An act to amend section thirteen of "an
act to provide for a general system of common schools, the officers

343

thereof, and their respective powers and duties and matters prop-
erly connected therewith, and for the establishment and regulation
of township libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861, of chapter 41.
Referred to the Committee on Education.

House bill No. 136. An act to amend section one of an act en-
tled "an act for the relief of borrowers of the Sinking Fund, and
to repeal the fourth section, and so much as applies to the Sinking
Fund of the whole act, entitled " an act to extend to borrowers of
the Sinking Fund, Surplus Revenue Fund, Congressional School
Fund, and other funds, time of payment of loans and prescribing
the duties of the officers in regard thereto," approved March 3,
1859, and prescribing how mortgages may be substituted, and con-
taining some provisions respecting the Sinking Fund and its con-
trol and management, and matters properly connected therewith,
approved March 9, 1861.

Referred to the Committee of Ways and Means.

House bill No. 137. An act supplemental to an act regulating
interest on money, approved May 27, 1852, the fifry-first section of
the act defining misdemeanors, and prescribing punishment there-
for, approved June 14, 1852, and all other laws and parts of laws
in conflict with the act, approved March 7, 1861.

Referred to the Committee on the Judiciary.

House bill No. 138. An act applying certain funds therein
named to the payment of the public debt.

Referred to the Committee on the Sinking Fund.

House bill No. 139. An act to raise a revenue for State pur-
poses for the years 1863 and 1864.

Referred to the Committee of the Whole House, and made the
special order for Tuesday next, at 2 o'clock P. M.

House bill No. 141. An act to create an Executive Council,
and defining the duties thereof.

Mr. Griffith offered the following amendment:

Amend by striking out from section three these words : "And
the Council as such discharge all other duties imposed upon them
by law."

344

Mr. Beyerle offered the following amendment:

" Sec. 2. The Governor of the State may require the opinion
in writing of the said Executive Council upon any subject relating
to the duties of the Governor."

Mr. Van Buskirlv moved to further amend by striking out so
much of section two as requires the Executive Council to sign
their names to all official documents.

The bill and amendments were referred to the Committee on the
Judiciary.

House bill No. 142. An act to amend the 6o6th and 661st sec-
tions of an act entitled an act to revise, simplify, and abridge the
rules, practice, pleadings, and forms in civil cases in the Courts of
this State; to abolish distinc: forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of plead-
ing and practice, without distinction between law and equity, ap-
proved June 18, 1852.

RefeiTed to the Committee on the Judiciary.

House bill No. 143. An act to authorize -County Auditors to
issue fee bills in certain cases therein named.

Referred to the Committee on Fees and Salaries.

The bill was informally laid on the table.

House bill No. 145. An act for the relief of George Arnold.
Referred to the Committee on Claims.

House bill No. 146. A bill to provide for the appointment of
.Attorneys and Assistant Prosecutors to prosecute the pleas of the
State in the Circuit and Common Pleas Courts in certain cases,
and for the appointment of counsel for prisoners, and enable them
to pay such counsel, and to provide for the payment of such ap-
pointees, and to repeal all laws coming in conflict with this act.

Referred to the Committee on the Organization of Courts.

345

House bill No. 147. An act to amend an act entitled "xA.n act
to revise, simplify and abridge the rules, practice, pleadings and
forms in civil cases in the courts of this State, to abolish distinct
forms of action at law, and to provide for the administration of
justice in a uniform mode of pleading and practice, without distinc-
tion between law and equity," approved June 18, 1852.

Referred to the Committee on the Judiciary.

House Bill No. 148. A bill to more effectually prevent injury to
grain growing in the fields, or standing in stacks or ricks, prescrib-
ing punishment therefor, and providing for the detection of persons
guilty of committing such injury.

Referred to the Committee on the Judiciary.

House bill No. 149. An act supplemental to an act entitled "An
act for the incorporation of manufacturing and mining companies,
and companies for mechanical, chemical and building purposes,
approved May 20, 1852, and to repeal the eleventh and fourteenth
sections of said act."

Referred to the Committee on Corporations.

The following resolution was offered:

By Mr. Lake :

Resolved, That when this House adjourns, that it adjourn to
meet at 10 o'clock, A. M., on next Monday.
Adopted.

By Mr. Griffith :

Whereas, The practice which is common to legislative bodies;
in other words, what is denominated as holding caucus, has of late
become so potent as to oppress freedom of action, and has a strong
tendency to suppress independence of thought and liberty of speech,
giving talented and impulsive gentlemen undue control in times of
excitement, rendering them leaders, and binding the rest to abject
obedience;

Whereas, Many may be caused to sacrifice principle to expe-
diency ; therefore.

Resolved, That we hereby discourage the practice of holding
caucus, except in extreme cases.

346

Mr. Hanna moved to strike out the words " in extreme cases,"
and insert " whenever they please."
The amendment was adopted.
The resolution, as amended, was adopted.

By Mr. Milroy :

Resolved, That no member of this House shall speak more than
tifteen minutes at any one time without the consent of the major-
ity of this House.

The resolution was laid over until Monday.

By Mr. Hanna : *

Whereas, The State of Indiana has appropriated a large amount
of private property, belonging to Messrs. Talbott& Costigan, to its
use in the establishment of the Northern Prison of the State ; and,

Whereas, The State has heretofore neglected to account to said
Talbott & Costigan for such use made of their private property ;
therefore.

Resolved, That the accompanying accovmt and vouchers of
Messrs. Talbott & Costigan, and marked "A," be referred to the
Committee on Claims, with instructions to report to this House as
to the legality of said claim, and what legislation, if any, is required
to meet the exigencies of the case stated.

Referred to the Committee on claims.

By Mr. Jones.

Whereas, There are throughout the State a great many turn-
pike roads that were constructed by the citizens in the immediate
vicinity of said roads, and for their mutual benefit and convenience;
and

Whereas, The joint stock in said companies has been bought
up, to a large extent, by outsiders and foreigners, and through this
means these turnpikes have become engines of oppression to those
who constructed them ; therefore, 1

Resolved, That the Committee on Roads be instructed to inquire
into the expediency of graduating the number of votes of large
Stockholders, so that they may give, say twenty-five votes for the

347

first twenty-five shares owned, and ten votes for the next twenty
shares, and so on, thus giving small Stockholders, at least a shadow
of a chance in controlling said companies or pikes, and report by
bill or otherwise.

Adopted. ' • •

Mr. Anderson otTcred joint resolution No. 29, which was read,
and passed to a second reading. ^

Joint resolution Xo. 6, was read the third time.

Mr. Lamb moved to recommit to the Select Committee of five,
wi'li instructions to inqviire into the facts stated in the joint resolu-
tion, and to report as soon as possible.

Mr. Packard moved to lay the motion to recommit on the table,

On which question Messrs. Lamb and Leeds demanded the
ayes and noes.

Those ivho voted in the affirmative were —

Messrs. Hardin of Perry, Miller,

Abbett, Hetfield, Milroy,

Atkison, Hon, Mutz,

Blocher, Howard, Niblack,

Brown, Howell,

Cook, Plumphreys, Osborn,

Donaldson, Kemp of Dubois, Packard,

Garvin, Kemp of Vigo, Pendleton,

Hall, Lenimon of H., Priest,

Hanna, Lemmon of S.. Puett,
Harden of W., McCaughey, Reitz,

Those ivho voted in the negative were —

Gregg, Kendrick,

Griffith, Lamb,

Hershey, Leeds,

Higgins, Marshall,

Hutchings, Mustard,

James, Noyes,

Richardson,
Roberts,
Ryan,
Shaffer, '
O'Brien of iAL, ShoafFof Allen,
Spencer,
Veach,
Wolfe,
Woollen, and
Mr. Speaker-42.

Messrs.

Anderson.

Baker,

Beverle,

Budd,

Davis,

Forrester,

O'Brien of H.,
Perry,
Pettibone,
Robinson,
Roe and
Stone— 25.

Johnson,

So the motion to recommit was laid on the table.

348

On the question of the passage of the joint resolution.

Those icho voted in the affirmative ivere —

Messrs.

Atkison,

Blocher,

Brown,

Cook,

Donaldson,

Garvin,

Hall,

Hanna.

Harden of W.

Hetfield,

Hon,

Howard,

Howell,

Humphreys,

Milroy,
Mutz,
Niblack,
O'Brien of M.,
O shorn,

Keinp of Dubois, Packard,
Kemp of Vigo, Pendleton,
Lemmon of H., Priest,
I^emnion of S., Puett,
McCaughey, Reitz,

Hardin of Perry, Miller,

Richardson,

Those u'ho voted in the nesrative were —

Messrs.

Anderson,

Baker,

Beyerle,

Budd,

Davis,

Forrester,

Gregg,

Hershey,

Higgins,

James,
Johnson,
Lamb,
Marshall,

Noyes,

No quorum voting.

Roberts,
Roe, •
Ryan,

ShaflTer,

ShoafF of Allen,
Spencer,
Veach,
"Wolfe,
Woollen, and
Mr. Speaker-42.

Perry,

Pettibone,
Robinson, and
Tarkinsrton— 18.

Mr. Higgins moved that the House adjourn.
Not agreed to.

Mr. Veach moved a call of the House, which was ordered.

The following members answered to their names —

Messrs.

Hall,

Lamb,

Pettibone,

Anderson,

Hanna,

Lemmon

of H.,

Priest,

Atkison,

Harden of

W.,

Lemmon

of S.,

PuetT,

Baker,

Hardin of

Perry.

, Marshall,

Richardson,

Beyerle,

Hershey,

McCaugl:

ley.

Roberts,

Blocher,

Hetfield,

Miller,

Robinson,

Brown,

Higgins,

Milroy,

Roe,

Budd,

Hon,

Mustard,

Ryan,

Cass,

Howard,

Mutz,

Shaffer,

Cook,

Howell,

Niblack,

ShoafF of Allen,

349

Davis, Humphreys, Noyes, Spencer,

Donaldson, James, O'Brien of M., Tarkington,

Forrester, Johnson, Osborn, Veach,

Garvin, Kemp of Dubois, Packard, Woollen, and

Gregg, Kemp of Vigo, Pendleton, Mr. Speaker-62.

Griffith, Kendrick,

The House adjourned until Monday next, at 10 o'clock, A. M.,

MONDAY, 10 o'clock, A. M., \
February 10, 1863. \

The House met.

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS AND KEMONSTRANCES.

By Mr. Higgins :

A petition from C. E. DeWolf and others, for relief in reference
to expenses incurred in behalf the State Prison North.
Refered to the Committee on the State Prison North.

REPORTS FROM STANDING COMMITTEES.

By Mr. Miller, from the Committee on the Organization of
Courts :

Mr. Speaker:

The Committee on the Organization of Courts of Justice, to
whom was referred House bill No. 81, entitled "an act to amend
the first section of an act to organize a Supreme Court, and pre-
scribing certain duties of the judges thereof, approved May 13,
1852, and to district the State for the purpose of electing five
Judges of the Supreme Court, have had the same under consider-
ation, and have instructed me to report it back to this House, and
recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

350
By the same: '. •• '.

Mr. Spi:aker :

I am directed by the Committee upon the Organization of
Com-ts of Justice, to whom was referred House bill No. 15, entitled
an act to create the fourteenth judicial circuit, to report the same
back to this House, and recommend that it lay upon the table.

The report was concurred in.

. . . #
By the same :

Mr. Speaker: ■

The Committee on the Organization of Courts of Justice, to
whom was referred the memorial from the citizens of Daviess
county, upon the subject of abolishing the court of common pleas,
respectfully recommend that said memorial lay upon the table for
the reason that said committee has already made a report upon the
same sublect.

The report was concurred in.

By Mr. Lamb, from the same committee:

Mr. Speaker :

I am instructed by the Committee on the Organization of Courts,
to whom was referred House resolution No. 4, being a resolution
instructing said committee to inquire whether the judicial circuits
of this State can not be re-constructed, to report said resolution
back to this House, and recommend that the same be laid upon the
table.

The report was concurred in.

By Mr. Shaffer, from the same committee : . ' ' '■

Mr. Speaker : ' . • ' .• ■'

The Committee on the Organization of Courts, to whom was
referred House bill No. 2, entitled "an act to create the sixteenth
judicial circuit," &:c., have had the same under consideration, and
instruct me to report back to this House that in the opinion of said
committee any action upon the subject is inexpedient, and that the
bill be laid upon the table.

The report was concurred in. i ' •>'

351

By Mr. Garvin, from the same committee :
Mr. Speaker:

I am directed by the Committee on the Organization of Courts,
to whom was referred a resolution instructing said committee to
inquire into the expediency of preparing a bill abolishing the court
of common pleas, to report that they have had the same under con-
sideration, that they deem further legislation on the subject inex-
pedient, and that they report the resolution back to this House,
with the recommendation that it lie upon the table.

The report was concurred in.

By Mr. Spencer, from the same committee :
Mr. Speaker:

The Committee on the Organization of Courts, to whom was
referred resolution No. 16, request me to say that they have had
the same under consideration, and report the same back to this
House, and recommend the same to be laid upon the table.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on the Organization of Courts, to whom was
referred House bill No. 119, an act in relation to the time of hold-
ing the common pleas courts of this State, request me to say that
they have had the same under consideration, and report the same
back to this House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Humphreys, chairman of the Committee on Fees and
Salaries :

Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
House bill No. 112, introduced by Mr. McCaughey, entitled "an
act to amend section one hundred and nineteen of an act entitled
an act to provide for the valuation and assessment of the real and
personal property, and collections of taxes in the State or Indiana,

352

the election of township assessors, and prescribing the duties of
assessors and appraisers of real property, county treasurers and
auditors, and of the Treasurer and Auditor of State," approved
June 21, 1852, have had the same under consideration and instruct
me to report the same back to this House, and recommend it pass-
age.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Waterman, from the same committee :

Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
House bill No. 129, a biU to provide that the laws regulating the
salaries of public officers, shall not be so construed as to permit
such officers to draw their salaries in advance, have had the same
under consideration, and have directed me to report said bill back
to the House and recommend its passage.

Tlie report was concurred in and the bill ordered to be engrossed.

By Mr. Perry, from the same committee :
Mr. Speaker : ' .

The Committee on Fees and Salaries, to whom was referred
House bill No. 73, a bill to repeal an act to ascertain the amount
of the fees and salaries of certain officers, and to provide punish-
ment for a violation of its provisions, have had the same under
consideration, and have instructed me to report that there has al-
ready been a bill on the same subject reported to this House,
recommending its passage. Your committee, thei'efore, recom-
mend that this bill lie upon the table.

The report was concurred in.

By Mr. Higgins, from the same committee :

Mr. Speaker :

The Committee on Fees and Salaries, to whom was referred a
resolution of the House instructing them to inquire into the law reg-
ulating salaries for the officers of the Northern State Prison, ascer-
tain if additional legislation is necessary, &c., have had the same
under consideration, and direct me to report the accompanying bill
and recommend its passage :

353

House bill No. 150. An act providing for the election of offi-
cers therein named, connected with the tState Prison Noith, regu-
lating the time of holding and the salaries of the same, and to re-
peal the 10th section of an act entitled an act to provide for the
erection of a new prison north of the National road, election of
officers therefor, making appropriations and for the regulations of
the same, approved March 5, 1859.

The bill was read, and passed to a second reading.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has unanimously concurred in the following resolution of the
House :

Whereas, His Excellency, Governor O. P. Morton, in his spe-
cial message to the Legislative Department of the State of In-
diana, of February 4, 1863, has advised that negotiations be insti-
tuted with the Secretary of the Treasury and the Paymaster Gen-
eral of the United States, to the end that the State of Indiana may
assume the payment of the amounts now in arrears, due the sol-
diery thereof, as well as to insure more prompt payment in the fu-
ture, said Secretary and Paymaster agreeing to reimburse 5uch
parties as may be willing to advance said money upon the credit
of the State; therefore, be it

Resolved by the House of Repre:<cntatives {the Senate concurring),
That M joint committee of two Representatives and one Senator^
to be aj)poiated by the Speaker of the House and the President of
the Senate, respectively, be instructed to correspond, without delay^
with the Secretary of the Treasury and the Paymaster General of
the United States, to ascertain whether the relief contemplated in
His Excellency's special message can be attained;

And has appointed Senator Martin M. Ray on said coiBjnittee,
on the part of the Senate.

By Mr. Lemmon, of Harrison, chairman of the Committee on
the Sinking Fund:

Mr. Speaker :

The Committee on the Sinking Fund, to whom was referred
H. J.— 23

354

resolution No. 15, directing said committee to inquire into the ex-
pediency of liquidating the debt of the State University, incurred
for the erection of the College building, to the Board of Commis-
sioners of the Sinking Fund, by the transfer to said Board of the
evidences of indebtedness existing against purchasers of lands
g]-antrd by the United States to the State of Indiana, for the use
of said University, and sold to the trustees thereof, under an act of
the General Assembly of Indiana, entitled an act for the relief of
the Indiana University, approved March the 2d, 1859, and to re-
port by bill or otherwise, have had the same under consideration,
and directed me to report the following bill, and recommend its
passage :

House bill No. 151. An act authorizing the Board of Commis-
, sioners of the Sinking Fund to liquidate the debt of the Indiana
State University to the Sinking Fund, incurred for the erection of
the College building.

The bill vi^as read, and passed to a second reading.

Mr. Mason obtained leave of absence until Thursday.
Mr. Brown obtained leave of absence until Friday. '

Mr. Howard obtained leave of absence until Tuesday.
By the same : '

Mr. Speaker:

The Committee on the Sinking Fund, to whom was referred
Httiuse bill No. 109, an act for the relief of borrowers of the Sink-
ing Fund, and to amend section one of an act for the relief of bor-
rowers of the Sinking Fund, approved March 9, 1861, have had the
same under consideration, and have directed me to report the same
,back to the House and recommend its passage.

The report was concurred in and the bill ordered to be engrossed.

By Mr. Shoaff of Allen, from the Committee on County and
Township Business :

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 128, authorizing county recorders to

355

demand their fees in advance, have had the same under considera-
tion, and have instructed me to report it back to this House, and
recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Miller, from the same committee :
Mr. Speaker : ...

The Committee on County and Township Business, to whom
was referred House bill No. 132, making it imperative on County
Boards and the authorities of incorporated towns and cities to ap-
propriate money ovit of their respective treasuries for the purchase
of arms and the support, maintainance and education of the fam-
ilies of volunteers in the service of the United States, or 'of this
State, have had the same under consideration, and have instructed
me to report that, in the opinion of the said committee, the law
now in force gives ample latitude to such Boards and incorporate
authorities, and that any legislation further enlarging their powers,
and imposing peremptory duties, is unwise and inexpedient, and
have directed me to return the bill to this House, and recommend
that it be laid on the table.

The question being on concurring in the report,

Messrs. Gregory and Baker demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Messrs. Harden of W., Marshall, Puett,

Abbett, Hardin of Perry, McCaughey, Reitz,

Atkison, Hetfield, Miller, Richardson,

Bird, Holcomb, Milroy, Ryan,

Blocher, Hon, Mutz, Shaffer,

Budd, Howell, Niblack, Shoaff of Allen,

ColUins, Humphries, O'Brien of M., ShoafFof Jay,

Cook, Kemp of Dubois,Osborne, Spencer,

Ferris, Lasselle, Packard, Veach,

Garvin, Lemmon of H., Pettibone, Wolfe, and

Given, Lemmon of S., Priest, Mr. Speaker-43.

Hall,

Those ivko voted in the negative were — .; ....

356

Messrs.

Forrester,

James,

Morgan,

Abdill,
Anderson,

Gregory,
GrifBth,

Johnson,
Jones,

Noyes,
, Roberts,

Baker,

Beyerle,

Davis,

Hershey,
Higgins,
Hostetter,

Kendrick,

Lamb,

Leeds,

Robinson, and
Van Buskirk-23

No quorum voting.

The House adjourned until 2 o'clock, P. M.

2 o'clock, p. m.

The House met.

The Speaker ordered a call of the House.

Seventy-six members answ^ered to their names.

The further call was dispensed with. .,

Mr. Miller moved to suspend the order of business, and proceed
with reports of committees.
Agreed to.

The question being on concurring in the report of the Committee
on County and Township Business, on House bill No. 132,

Messrs. Gregory and Baker demanded the ayes and noes.
Those ivho voted in the affirmative vjere —

Messrs. Harden of W., Marshall, Puett,

Abbett, Hardinof Perry, Me Caughey, Reitz,

Atkison, Harney, Miller, Richardson,

Bird, Hetfield, Milroy, Ryan,

Blocher, Holcomb, Mustard, Shaffer,

Collins, Hon, Mutz, Shoaff of Allen,

Cook, Howell, Niblack, Shoaff of Jay,
Donaldson,

Humphreys, O'Brien of M., Spencer,

357

Ferris,

Given,

Gregg,

Hall,

Hanna,

Kemp of Dubois,Osborne,
Lake, Packard,

Lasselle, Pendleton,

licmmon of H., Priest,
Lemrnon of S.,

Those icho voted in the nen'ative toere-

Veach,
Wolfe,

Woollen, and
Mr. Speaker-49.

Messrs,

Forrester,

Jones,

Roberts,

AbdiU,

Gregory,

Kilgore,

Robinson,

Baker,

Griffith,

Lamb,

Roe,

B eyerie.

Hershey,

Leeds,

Tarkington,

Bianham,

Higgins,

Morgan,

Van Buskirk,

Budd,

Hostetter,

Newman,

Waterman, and

Cason,

Hutehings,

Noyes,

Woodruff— 3L

Davis,

James,

O'Brien of H.,

So the report was concuiTed in, and the bill was laid on the table.
By,, the same :
Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 117, providing for the transfer of Con-
gressional school fund accrued from the sales of lands within the
territory now comprising the county of Newton to said county,
from the county of Jasper, have instructed me to report that they
have had the same under consideration, and to return it to this
House and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 108, together with an amendment
thereto, the bill being an act making it the duty of the Board of
Commissioners of each county to provide an office for the County
Surveyor, and the amendment providing that such Surveyer be re-
quired to keep his office open at least three days in each week, in
person, or by deputy, and where his salary does not exceed five hun-
dred dollars, that he be allowed out of the County Treasury

358

dollars for each days attendance at his office, have duly considered
the same, and have directed me to report the said bill and proposed
amendment back to this House, and would respectfully represent
that, in the judgment of your committee, the legislation contem-
plated thereon is inexpedient.
The report was concurred in.

By the same :
Mr. Speaker :

The Committee on County and Township Business, to whom
was referred House bill No. 120, "An act to amend section 11 of
an act entitled an act providing for the election, and prescribing
certain duties of County Surveyors," approved June 17, 1852, pro-
viding that they may administer oaths generally, and take and cer-
tify affidavits and depositions, have had the same under considera-
tion, and have directed me to report said bill back to the House,
and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Perry from the same committee:

Mr. Speaker :

The committee to whom was referred House bill No. 114, requir-
ing Recorders to certify to the record of deeds and mortgages, and
other instruments admissible to record, in order to admit such records
to be read in evidence in the courts, have had the same under con-
sideration, and have directed me to report it back to this House,
and suggest that it be amended by adding a section reading as fol-
lows :

" Sec. 2. Whereas, an emergency exists for the immediate tak-
ing effect of this act, the same shall be in force and take effect
from and after its passage."

And when so amended, your committee would respectfully
recommend that it pass.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Pettibone, from the same committee :
Mr. Speaker:

The Committee on County and Township Business, to whom

359

was referred House bill No. 106, being an act amendatory of an
act providing bounty for wolf scalps, have had the same under
consideration, and instruct me to report it back to the House, and
suggest that it be amended by striking out the words " ten dollars"
where the same occurs, and inserting eight dollars ; and when so
amended respectfully recommend its passage.
The report was informally laid on the table.

By Mr. Milroy, Chairman of the Committee on Agriculture:

Mr. Speaker : *

The Committee on Agriculture, to whom was referred House
bill No. 63, an act providing for taxing dogs for the protection of
sheep, have had the same under consideration, and have directed
me to report said bill, together with the proposed amendment
thereto, back to the House, and recommend that the same be re-
ferred to the Committee on County and Township Business.

The report was concurred in, and the bill so referred.

By Mr. Hall, from the same committee :
Mr. Speaker :

The Committee on Agriculture, to whom was referred House
bill No. 23, to fix the succession of title to real estate, held by
county and district agricultural societies, have instructed me to re-
port the same back with an amendment, and recommend its pas-
sage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :
Mr. Speaker :

The Committee on Agriculture, to whom was referred the peti-
tion of A. J. Cotton, upon the subject of hogs and cattle roaming
at large, have had the same under consideration, and have instructed
me to report that further legislation upon the subject would be in-
expedient, and recommend that said petition lie on the table.

The report was concurred in.

By Mr. Harney, from the same committee:
Mr. Speaker :

360 '

The Committee on Agriculture, to whom was referred the com-
munication of Lewis Bollmaii, have examined it carefully, and
have used its valuable suggestions, so far as they deem legislation
necessary now ; they, therefore, report it back to the House and re-
quest Ihat it be deposited in the State Library, to be used by future
Legislatures.

The report was concurred in. '

By I\Ir. Beycrlc, from the Committee on Engrossed Bills:

Mr. Speaker: ^

The Committee on Engrossed Bills have carefully compared en-
grossed House bills Nos. 20, 40, 48, 57, 58, 62, S2, 83, and 110, and
the House joint resolution No. 25, with the originals, and find them
to be correctly and accurately engrossed.

By Mr. O'Brien of Hamilton, from the Committee on the Or-
ganization of Courts :

Mr. Speaker:

I am instructed by the Committee on the Organization of
Courts, to whom was referred House bill No. 33, entitled " an act
to repeal an act to establish courts of conciliation, to prescribe
rules and proceedings therein, and compensation of judges thereof,"
approved June 11, 1852, to report the same back to this House and
recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills thereof:

House bill No. 15. A bill to authorize the Governor to issue a
patent to Aaron Foster fori certain Michigan Road lands in La-
porte county.

House bill No. 140. A bill to authorize the chairmen of com-
mittees, appointed by the House or both Houses of the General
Assembly, to administer oaths to witnesses testifying or called to
testify before such committee.

361

Senate bill No. 39. A bill to amend the third section of an act
entitled an act prescribing the power and duties of Justices of the
Peace in State prosecutions, approved May 29, 1852.

Senate bill No. 76. A bill to amend section one of an act enti-
tled an act touching the laying out and vacating towns, streets and
alleys, public squares and grounds, or any part thereof; the making
out and rectoixliiig of plats of such towns, and providing for the
change of the nau:ies of such towns, approved May 20, 1852, and
providing when the same shall take efleet.

Senate bill No. 93. A bill to extend the term for the completion
of rail roads in all cases in which two thousand dollars per mile
has been expended in their construction, and declaring at what
time this shall lake effect.

Senate bill No. 102. A bill to authorize the Board of Directors
of the Bank of the State of Indiana to remove any of its branches
for the redetn|)tion of the notes of such branches, and providing the
conditions on which this act shall take effect.

In which the concurrence of the House is respectfully requested.

Mr. Packard, from a Select Committee, made the following
report :

Mr. Speaker:

The Select, Committee, to whom was referred "Joint reeolution
No. 15," would respectfully report that they have had the same
under consideration, and they would recommend that said " Joint
resolution" be so amended as to make it the duty of the State Li-
brarian to procure the registry of deceased soldiers provided for
therein, and that when so amended they recommend its passage.

Mr. Cason moved to concur in the amendment reported by the
committee, with the following amendment thereto :

Add after the words " State Librarian" the words and " Adjutant
General."

Mr. Roberts moved to lay the motion to amend on the table.

Messrs. Cason and Roberts demanded the ayes and noes.

562

Those who voted in the affirmative were-

Messrs.

Hardin of Perry

, Miller,

Roberts,

Abbetty

Harney,

Milroy,

Ryan,

Atkison,

Het field,

Mutz,

Shaffer,

Bird,

Holcomb,

Niblack,

Shoaff of Allen,

Blocher,

Hon,

O'Brien of M.,

Shoatf of Jay,

Collins,

Howell,

Osborne,

Spencer,

Cook,

Humphreys,

Packard,

Veach,

Donaldson,

Kenip of Dubois

;,Pendleton,

Waterman,

Ferris,

Lake,

Priest,

Wolfe,

Hall,

Lemmon

of*[..

Puett,

Woollen, and

Hanna,

Lemmou

of S.,

Reitz,

Mr. Speaker ^6,

Harden of W., McCaughey, Richardson,
Those ivho voted in the nesrative ivere—

Messrs.

Gregory,

Kendrick,

Noyes,

Abdill,

Griffith,

Kilgore,

O'Brien of H.,

Baker,

Hershey,

Lamb,

Perry,

Beyerle,

Higgins,

Lasselle,

Pettibone,

Branham,

Hostetter,

Leeds,

Robinson,

Budd,

Hutchings,

Marshall,

Roe,

Cason,

James,

Morgan,

Tarkington,

Davis,

Johnson,

Mustard,

Van Buskirk,

Forrester,

Jones,

Newman,

Woodruft;— 36,

^^^^g^

So the motion to amend was laid on the table.

Mr. Higgins moved to concur in the report of the committee,
with the following amendment:

Strike out all relative to per diem and mileage, and limit the
expense to two hundred and fifry dollars.

Mr. Miller moved to lay the motion to amend on the table.

Upon which question Messrs. Higgins and Lamb demanded the
ayes and noes.

Those who voted in the affirmative were —

Messrs. Hardin of Perry, Miller, Ryan,

Abbett, Harney, Mutz, Shaffer,

S63

Bird,

Collins,

Cook,

Dpnaldson,

Ferris,

Given,

Hall,

Hanna,

Harden of W

Hetfield,

Holcomb,

Hon,

Howell,

Humphries,

Kemp of Dubois, Priest,

Lake, Reitz,

Lemmon of H., Richardson

MeCaughey, Roberts,

Niblack, ShoafI' of Allen,

O'Brien of M., ShoatT of Jay,

Osborne,
Packard,
Pendleton,

Spencer,
Veach,
Waterman,
Wolfe,
Woollen, and
Mr. Speaker,-42.

Those ivho voted in the nesrative tvere-

Messrs.

Gregory,

Kilgore,

Noyes,

Abdill,

Griffith,

Lamb,

O'Brien of H.,

Atkison,

Hershey,

Lasselle,

Perry,

Baker,

Higgins,

Leeds,

Pettibone,

Beyerle,

Hostetter,

Lemmon of S

1., Puett,

Blocher,

Hutchings,

Marshall,

Robinson,

Branham,

James,

Milroy,

Roe,

Budd,

Johnson,

Morgan,

Tarkington,

Cason,

.Jones,

Mustard,

Van Buskirk and

Davis,

Kendrick,

Newman,

Woodruff— 40.

Forrester,

So the motion to amend laid on the table.

Mr. Griffith moved to concur in the report of the committee by
striking out the per diem where it occurs, and inserting "the State
Librarian shall receive as compensation for such service, the sum
of four hundred dollars, and the Adjutant General shall be allowed
the sum of one hundred dollars for necessary assistance and use of
papers."

Mr. Packard moved to lay the motion to amend, ofl'ered by Mr.
Griffith, on the table.

Messrs. Griffith and Lamb demanded the ayes and noes.

Those who voted in the affirmative ivere —

MeCaughey, Reitz,
Miller, Richardson,

Milroy, Roberts,

Messrs.

Harney,

Abbett,

Hetfield,

Atkison,

Holcomb,

364

Bird,

Hon,

Morgan,

Ryan,

Blocher,

Hostettcr,

Mutz,

Shaffer,

Collins,

Howell,

Niblack,

Shoaff of Allen,

Donalds-

on,

Humphreys,

O'Brien of M.,

ShoafFof Jay,

Ferris,

Kemp of Dubois

., Osborne,

Spencer,

Given,

Lake,

Packard,

Waterman,

Hall,

Lasselle,

Pendleton,

Wolfe,

Hanna,

Lcmmon of H.,

Priest,

Woollen, and

Harden

of W.,

Lemmon of S.,

Paett,

Mr. Speaker-48.

Those i/i/io voted in the nesrative loere —

Messrs.

Forrester,

Jones,

O'Brien of H.,

Abdill,

Gregg,

Kendrick,

Perry,

Baker,

Gregory,

Kilgore,

Pettibone,

Beyerle,

Grifllth,

Lamb,

Robinson,

Branham,

Hershey,

Leeds,

Roe,

Budd,

Higgins,

Marshall,

Tarkington,

Cason,

Hutch ings,

Mustard,

Van Buskirk,

Cook,

James,

Newman,

Veach, and

Davis,

Johnson

Noyes,

Woodruff— 35

So the motion to amend was laid on the table.

Mr.

Packard offered the following amendment to the amend-

ment reported by the committee : Amend by striking out all in
reference to per diem and mileage, and insert that " he shall receive
for such services not exceeding five hundred dollars, only one-half
of said sum to be paid until the work has been completed, exam-
ined and approved by the board of education."

Mr. Morgan moved to lay the motion to amend on the table ;

Upon which question Messrs. Roberts and Packard demanded
the ayes and noes. ' ■

Those who voted in the affirmative ivere —

Perry,
Pettibone,

Messrs. Higgins, Kilgore,

Branham, Hostettcr, Leeds,

Budd, Hutchings, Lemmon of H., Priest,

Cason, James, Morgan, Puett,

365

Davis,

Johnson,

Newman,

Robinson,

Forrester,

Jones,

Noyes,

Van Buskirk and

Gregg,

Kendrick,

O'Brien of H.,

Woodruff— 28.

Gregory,

Those who voted in the nc

gative were —

Messrs.

Hanna,

Marshall,

Roberts,

Abbett,

Harden of W.,

McCaughey,

Roe,

Abdill,

Hardin of Perry

, Miller,

Ryan,

Atkison,

Harney,

Milroy,

Shaffer,

Baker,

Hetfiekl,

Mustard,

Shoaff of Allen,

Beyerle,

Holcomb,

Mutz,

Shoaff of Jay,

Bird,

Hon,

Ni black.

Spencer,

Blocher,

Howell,

O'Brien of M.,

Tarkington,

Collins,

Humphreys,

Osborne,

Yeach,

Cook,

Kempof Duboi?

, Packard,

Waterman,

Donaldson,

Lake,

Pendleton,

Wolfe,

Ferris,

Lamb,

Reitz,

Woollen, and

Given,

Lasi^elle,

Richardson,

Mr. Speaker-53.

Hall,

Leramon of S,,

So the motion was not laid on the table.

Mr. Roberts demanded the previous question, which was second-
ed by the House.

The question being on the amendment reported by the commit-
tee, it was adopted, and the report concurred in.

The question being on the amendment proposed by Mr. Pack-
ard, it w^as adopted.

Mr. Lamb offered the following amendment; recommit wath in-
struction to add the following resolution :

Resolved further^ That the sacred cause in w'hich they fell, (the
preservation of the Union) shall never be given up, but shall be
maintained at whatever cost of blood and treasure ; that their
graves shall never be desecrated by traitors' feet, and that the flag
in defense of which they fell, shall never be withdrawn from the
soil that holds their patriotic dust.

Mr. Miller moved to lay the amendment on the table ;

366

On which question Messrs. Lamb and Miller demanded the ayes
and noes.

Those tvho voted in the affirmative ivere-

Messrs.

Abbett,

Bird,

Blocher,

Collins,

Cook,

Ferris,

Given,

Hall,

Hanna,

Harden of W.,

Hardin of Perry, McCaughey,
Harney, Miller,

Hetficld, MiJroy,

Holcomb, Mutz,

Howell, Niblack,

Kempof Dubois, O'Brien of M.
Lake, Osborne,

Lasselle, Packard,

Lemmon of H., Pendleton,
Lemmon of S., Priest,

Reitz,

Richardson,

Ryan,

Shoaffof Allen,
Shoaff of Jay,
Spencer,
Veach,
Wolfe,

Woollen, and
Ml-. Speaker-40.

Those who voted in the ne^-ative were-

Messrs.

Forrester,

Jones,

O'Brien of H.,

Abdill,

Gregg,

Kendrick,

Perry,

Atkison,

Gregory,

Kilgore,

Pettibone,

Baker,

Griffith,

Lamb,

Roberts,

Beyerle,

Hershey,

Leeds,

Robinson,

Branham,

Higgins,

Marshall,

Roe,

Budd,

Hostetter,

Morgan,

Tarkington,

Cason,

Hutchings,

Mustard,

Van Buskirk,

Davis,

James,

Newman,

Waterman, and

Donaldson,

Johnson,

Noyes,

Woodruff— 39.

So the amendment was laid on the table.

Mr. Atkison obtained leave of absence.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker: ' . •

I am directed to inform the House that the Senate has passed
the following engrossed bills and joint resolution thereof, to-wit:

Senate bill No. 39. A bill to amend the third section of an act
entitled an act prescribing the powers and duties of justices of the
peace in State prosecutions, approved May 29, 1852.

367

Senate bill No. 51. A bill to amend the second section of an
act entitled "an act relative to the salaries of public officers, pro-
viding the manner of paying the same, and the manner of reim-
bursing the State for an increase of salaries," approved March 5,
1859.

Senate bill No. 62. A bill to amend the first section of an act
for the incorporation and continuance of building loan fund and
savings associations, approved March 5, 1857.

Senate bill No. 66. A bill to amend the one hundred and thirty-
fourth section of an act providing for the settlement of decedents'
estates, prescribing the rights, liabilities, and duties of officers con-
nected with the management thereof, and the heirs thereto, and
certain forms to be used in such settlement, approved June 17, 1852,
and declaring when this act shall take efi'ect.

Senate bill No. 69. A bill to amend section seventy-six of an
act providing for the settlement of decedents' estates, prescribing
the rights, liabilities, and duties of olfiicers connected with the
management thereof, and the heirs thereto, and certain forms to be
used in such settlement, approved June 17, 1852.

Senate bill No. 73. A bill to amend section fourteen of an
act authorizing the construction of plank, McAdamized, and gravel
roads, approved May 12, 1852, and to extend the time in which
companies organized under said act shall commence and complete
the construction of the roads.

Senate bill No. 82. A bill to repeal an act entitled an act to
authorize the Bank of the State of Indiana to lay off and create
five additional bank districts, and locate and establish branches
therein, approved March 9, 1861.

Senate bill No. 87. A bill to amend section twenty-five of "an
act providing for the election or appointment of supervisors of
highways, and providing certain of their duties and those of county
and township officers in relation thereto, approved March 5, 1859."

Senate bill No. 90. A bill to authorize the Bank of the State
of Indiana to reduce the capital stock of a branch or branches of
said Bank, and to close up the business affairs of a branch or

368

branches of said bank, under certain regulations, and amendatory
of an act entitled an act to establish a bank with branches, passed
March 3, 1855.

Joint resolution No. 5. A joint resolution instructing our Sena-
tors, and requesting our Representatives in Congress, to use their
inriuence to secure payment of bounty to discharged and disabled
soldiers ;

In which the concurrence of the House is respectfully requested.

The Speaker announced the following select committee to inves-
tigate the charge of disloyalty made by Mr. Branham of Jeflerson,
against the Democratic members of the House :

Messrs. Woollen, Casoii, and Miller.

The House adjourned until to-morrow, at 9 o'clock, A. M.

TUESDAY, 9 o'clock, A. M., )
February 10, 18G3. j

House met.

The Journal was read and approved.

A message from the Senate, by Mr. Vawter, their Secretary :

Mk. Speaker :

I am directed to bring to the House enrolled bill of the Senate
No. 10, a bill to amend section 9, of an act entitled an act to
amend section second of an act concerning the organization of vol-
untary associations, and repealing former laws in reference thereto,
approved Feb. 12, 1855, approved March 9, 1861, for the signature
of the Speaker thereof.

PETITIONS, MEMOrMALS, AND UH.MONSTRANCES.

By Mr. O'Brien of Hamilton:
A petition on the collection laws.

869
Referred to the Committee on the Judiciaiy. ii.

By Mr. Higgins :

A petition praying for a law to organize companies, composed of
a larger number than 100, for the detection of horse thieves.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

REPORTS FROM STANDING COMMITTEES. *

By Mr. Newman, from the Committee on the Organization of

Courts :

Mr. Speaker:

The Committee on the Organization of Courts of Justice, to
whom was referred House bill No. 70, entitled an act to amend
section sixth of an act regulating the granting of divorces, nullifi-
cation of marriages, and decrees and orders of courts incident
thereto, have had the same under consideration, and have directed
me to report the same back, and recommend that it be referred to
the Committee on the Judiciary.

The report was concurred in.

By Mr. Holcomb, from the Committee on Education:
Mr. Speaker :

The Coinmittee on Eilucation, to whom was refeiTed the peti-
rion of sundi-y citizens of Wayne county, asking the passage of a
law providing for the education of the children of negroes and mu-
lattoes, have had the same under consideration, and have directed
me to report said petition back to the House, and recommend that
it lie upon the table, as, in the opinion of the committee, legisla-
tion on that subject is impracticable.

The report was concurred in.

By Mr. ShoafF of Jay, from the Committee on Roads:

Mr. Speaker:

The Committee on Roads, to whom was referred resolution No.
20, inquiring into the expediency of amending the road law, so as
to exempt persons discharged from the service of the United States,.
H. J.— 24

370

on account of wounds received or disease contracted while in the
service of the same, liave instructed me to report that, in their
opinion, further legislation is unnecessary, as the objects contem-
plated in said resolution are now, to a proper extent, secured, in
substance, by the present law. It is therefore recommended that
it be laid on the table. ;.

By the same :

Mr. Speaker:

The Committee on Roads, to whom was referred House bill No.
89, an act to amend the 20th section of an act entitled an act pro-
viding for the (flection or appointment of supervisors of highways,
have had the same under consideration, and suggest that the words
"less than five cents," and the word "nor," occurring in the
third line, be stricken out ; also strike out the words " less than one
half-cent," and the word "nor," occurring in the eighth line, and
insert the words "and one-fourth," before the word "cent," in the
ninth line ; and, after being so amended, we would respectfully
recommend its passage.

The report was concurred in, and the bill was ordered to be en-
grossed.

By Mr. Milroy, from the Committtee on Agriculture :

Mr. Speaker:

The Committee on Agriculture liave instructed me to report.
House bill No. 152, an act to signify the assent of the State of In-
diana to the conditions and provisions of an act of Congress, enti-
tled "An act donating public lands to the several States and Ter-
•fitories which may provide Colleges for the benefit of Agriculture
;atid Mechanic Arts," approved July 2, 1862, and to express the
State's acceptance of said conditions and provisions, and for ac-
cepting the scrip oifered by the act of Congress, and for its sale
and investment in the State of Indiana bonds or stocks, for the en-
.dowment of an Agricultural College.

The bill was read, and passed to a second reading.

By Mr. Shoaff of Jay, from the Committee on County and Town-
ship Business :

371

Mr. Speaker :

The Committee on County and Township Business, to whom
was referred House bill No. 78, entitled " A bill to enable persons
other than corporations to reclaim wet lands," would respectfully
report that they have had said bill under consideration, and now re-
port the same back with an amendment, upon the adoption of which,
they respectfully recommend its passage.

Amend by adding the following additional section to said bill:

Section 8. That whenever any person or persons may desire to
drain liis or their lands by the construction of anew ditch into and
communicating with any ditch previously constructed upon the
lands of any other person or persons, he or they so desiring to con-
struct the same, shall have the benefit of the provisions of this act
in the appointment of Appraisers to estimate the benefits that
would accrue to, or damages likely to be sustained by the person or
persons through whose lands the same may have to pass in order to
communicate with such old ditch or outlet, and the proceedings in
such case shall be, in all respects, similar to those in act hereinbe-
fore mentioned. Provided, however, that if the volume of water
discharged through such new ditch shall exceed the capacity of the
old ditch to carry off, without a too frequent overflow of the ad-
joining lands, it shall be the duty of the person or persons constnict-
ing such new ditch, to widen, deepen and enlarge the capacity of
the old ditch so as to make it of sufficient size for the flow of such
increased volume of water at the ordinary stages thereof; and in case
of failure or refusal so to do, for the space of one month, or longer,
after the construction of such new ditch, he, she, or they shall be
liable, from time to time, to the owner or owners of land along the
line of such old ditch, for all the damages he or they may sustain
in consequence thereof, with ten per centum thereon, and costs of
suit, to be recovered by suit in any court of competent jurisdiction
in the proper county.

The report was concurred in, and the bill ordered to be engrossed.

By. Mr. Wolfe, Chairman of the Committee on Enrolled Bills :
Mr. Speaker: -

The Joint Committee on Enrolled Bills respectfully report that
House bills, Nos. 15 and 140, were by them presented to his Ex-

372

cellency, the Governor, for his approval, at 3 o'clock P. M., on Tues-
day, February 10th.

The special order pending at the adjournment of yesterday, be-
ing the consideration of joint resolution No. 15, the same was taken
up.

Mr. Higgins offered the following amendment :

Resolved, That said sum of five hundred dollars so appropriated
shall be a full compensation for all services and expenses in collat-
ing and copying the report as contemplated by the third resolution,
and all additions necessary to make the report complete to the 1st
of January, 1865.

The amendment was adoj)ted.

Mr. Tarkington moved to amend as follows :

Insert after the word " hand," in the third resolution, the following
words : " In such form as to be convenient for printing."
The amendment was adopted.
The resolutions, as amended, were ordered to be engrossed.

RESOLUTIONS OF THK HOUSE.

By Mr. Roberts :

Resolved, That the Committee on Ways and Means be instructed
to inquire into the facts and circumstances coimected with the
fraudulent issue of Indiana State Bonds, commonly known as the
"Stover Frauds," whether there is any probability that the State
will sustain any loss thereby, and whether any legislation is neces-
sary to protect the interests and credit of the State on account
thereof, and to report by bill or otherwise.

Adopted.

By Mr. Cason :

Whereas, There has been a mutual expression of a want of
confidence in each other, by both parties in this branch of the Gen-
eral Assembly, as well as an excited state of public feeling gener-
ally in relation to the prosecution of the war, and other measures,
and that such want of confidence has caused much ill feeling, on
the part of members of this body, as well as useless criminations

373

and recriminations; therefore, to restore confidence in the good in-
tentions, honesty and patriotism of all the members of this House,
and to quiet the public feeling, be it

Resolved, That a committee of thirteen be appointed, with in-
structions to use all possible efforts consistent with their duties as
legislators and patriots, to come to some satisfactory understanding
in relation to theaction of this House upon the following subjects,
and we hereby pledge ourselves, at the sacrifice of mei'e party or
personal feelings, to adopt the views and follow the advice of the
cornitiittee, if the same should be their unanimous report. The
coiniiiilTee are instructed to report their views and conclusions upon
the following questions, as well as any others they may deem proper
or desirable :

1st. All matters in relation to the power and duties of the Gov-
ernor.

2d. All questions in relation to the prosecution of this war, and
the status of Indiana connected therewith.

Mr. Roberts moved to lay the resolution on the table.

Messrs. Johnson and Cason demanded the ayes and noes.

Those who voted in the affirmative were —

Messrs. Harden of W., McCaughey, Reitz,

Burton, Howell, Miller, Richardson,

Collins, Howk, Milroy, Rippey,

Garvin, Humphreys, Packard, Roberts,

Given, Lee, Pendleton, Spencer, and

Hall, Lemmon of H., Pettibone. Woollen — 24

Those who voted in the nesratiee vjere —

Messrs.

Gregg,

Kendrick,

Osborn,

Abbett,

Gregory,

Lake,

Perry,

Abdill,

Griflath,

Lamb,

Pettibone,

Anderson,

Hanna,

Lasselle,

Puett,

Baker,

Hardin of P.,

Leeds,

Robinson,

Beyerle,

Plershey,

Lemmon of S.,

Roe.

Bird,

Higgins,

Marshall,

Ryan,

Blocher,

Holcomb,

Moorman,

Shaffer,

Brogan,

Hon, , .

Morgan,

Shoaif of Allen,

X 374

Budd, Hostetter, Mustard, ShoafFof Jay,

Cason, Howard, Mutz, Tarkington,

Cook, Hutchings, Newman, Van Buskirk,

Davis, James, Niblack, Veach,

De Bruler, Johnson, Noyes, Wolfe,

Donaldson, Jones, O'Brien of H., Woodruff, and

Ferris, Kempof Dubois, O'Brien of M., Mr. Speaker-65,

Forrester, Kemp of Vigo,

So the resolution was not laid on the table.

Mr. GrifHth offered the following amendment:

Amend by striking out, "and that we pledge ourselves to adopt
the views of said committee," and inserting "we pledge ourselves
to give to the views of said committee our most candid and favor-
able consideration, having in view nothing but the good of the
State and the Union."

Mr. Woollen moved to amend as follows:

Amend by adding the following to last resolution: " And that
said committee report to this House by Monday next, at two
o'clock."

Mr. Shaffer demanded the previous question,
Which was seconded by the House.

The question being on the amendment of Mr. Woollen,
It was adopted.

The amendment offered by Mr. Griffith was then adopted.

The question then being on the adoption of the resolution as
amended,

Messrs. Roberts and Cason demanded the ayes and noes.

Those who voted in the affirmative ivere —

Messrs.

Abbett,

Abdll,

Anderson,

Baker,

Beyerle,

Blocher,

Gregory, Kendrick, Pettibone,

Gritiith, Lake, Priest,

Harden of W., Lamb, Puett,

Hardin of Perry, Lasselle, Rippey,

Harney, Leeds, Robinson,

Hershey, Lemmon of S., Roe,

Higgins, Marshall, Ryan,

375

Brogan,

Holcomb,

Moorman,

Shaffer,

Budd,

Hon,

Morgan,

Shoaffof Allen,

Cason,

Hostetter,

Mustard,

Shoaff of Jay,

Cook,

Howell,

Newman,

Tarkington,

Davis,

Hatchings,

Ni black,

Van Busk irk.

DeBruler,

James,

Noyes,

Veach,

Donaldson,

Johnson,

O'Brien of H.,

Woodruff,

Ferris,

Jones,

Osborn,

Woollen, and

Forrester,

Kemp of Di

jboii

?, Perry,

Mr. Speaker-65.

Gregg,

Kemp of V

jgo,

Those who voted in the negative were —

Messrs.

Hetficld,

McCaughey,

Pendleton,

Bird,

Howard,

Miller,

Ueitz,

Burton,

Howk,

Milroy,

Richardson,

Collins,

Humphreys

Mutz,

Robinson,

Garvin,

Lee,

O'Brien of M.,

Spencer, and

Given,

Lemmon o

f H,

, Packard,

Wolfe— 24.

Hall,

So the resolution was adopted.

Leave of absence was granted, for this afternoon, to the commit-
tee appointed to visit the Hospitals.

The House adjourned until two o'clock, P. M.

2 o'clock, p. m.

The House met.

The Speaker laid before the House the following communication
from the Governor.

State of Indiana, V

Executive Depatment, >

Indianapolis, February 9, 1863. )

To the House of Representatives of the State of Indiana :

376

I had the honor to receive the following preanible and resolution
passed by your honorable body, to-\vit : ■

Whereas, It is represented to this House that on Friday last.
the oOth ultimoj a squad of the 51 h Indiana Cavalry, stationed at
Rockporr, Indiana, entered a printing oiRce at that place, known as
the Rockport Democrat office, and in a violent, tumultuous, and
disgraceful manner broke up and utterly destroyed nearly all of the
working material of said office ; and

Whereas, On account of this and other irregulations on the
part of that portion of said cavalry, stationed at that place, much
irritation exists between such cavalry and a large poriion of the
citizens of that vicinity ; and

Whereas, The Home Guards of that vicinity have heretofore
demonstrated their willingness and ability to defend the border in
that portion of the State, and are still willing, and (as they believe),
able to defend said border, if that be all for which troops are re-
quired at that point ; and

Waereas, There seems to be some doubt as to what purposes,
and by whose authority such cavalry are stationed at that place :
therefore.

Resolved, That his Excellency, the Governor, be requested to
communicate to this House by w^hose authority, and for what pur-
pose such cavalry are stationed at Rockport, Indiana, as aforesaid.
and whether such squad of cavalry acted under any order or invita-
tion W'ithin his knowledge, which in any manner justified or excuses
the entry and destruction of the printing office aforesaid, and
whether such cavalry can not be removed to some other point with-
out injury to the public service, and that he be further requested to
take such action as may be necessary to secure the prompt and ef-
ficient punishment of the persons engaged in the destruction of the
printing office aforesaid.

J. W. LEMMON."

In answer to the above preamble and resolution, I beg leave to
state that ten companies of the 5th Indiana Cavalry were slalioned
at different points upon our southern border by my authority, with
the knowledge and approval of the Major General commanding
this Department. This was done for the protection of the people,

377

and property of the border counties from invasion by rebel guerrilla
marauding parlies from Kentucky.

As many as eight different times forces have been sent from the
interior, in great haste, to protect various jioints upon the border,
threatened by invasion from rebel forces in Kentucky, and in some
of the counties the Leigon have performed much laborious service
for the same purpose. It was believed that a small cavalry force,
judiciously stationed at different points on or near ihe river, vi^ould
aflbrd protection, and relieve the Leigon from much onerous duty.

The 4th Indiana Cavalry, by an arrangement with the Secretary
of War, was raised for our border defence, but the exigencies of the
service requiring, ir was sent to the field, and afterwards ten com-
panies of the 5 h Cavalry assigned to that duty as before stated.

The resolu ion particularly inquires whether such squad of
cavalry engaged in the destruction of the printing office of the
" Rockport Democrat," acted upon any order or invitation within
my knowledge, which in any manner justified or excused the enter-
ing and destruction of the said jirinting office. The first knowledge
I had of the commission of this alleged riot, was obtained from the
above preamble and resolution. I have no knowledge of any order
or invitation emanating from any source whatever, procuring, incit-
ing or excusing the alleged outrage. The implication contained in
this interrogatory is unjust, and I shall be surprised to learn that
the House is in possession of any fact pointing to, or justifying it.
The further interrogatory contained in the resolution, as to whether
such cavalry cannot be removed to some other point, without injury
to the service, I shall at this time respectfully decline to answer.

The attention of the proper military authorities has been called
to the transaction, and they will, doubtless, with due diligence,
make full investigation and bring all offenders to punishment.

O. P. MORTON,

Governor of Indiana.

Referred to the Committee on Military Affairs.

The Speaker laid before the House the following additional com-
munication from the Governor :

State of Indiana, Executive Department, ]
Indianapolis, Ind., February 9, 1663. \

378

To the Hozise of Representatives of the State of Indiana :

I had the honor to receive the following resolution adopted by
your honorable body, to wit :

Resolved, That His Excellency, Ihe Governor, be required to in-
form this House at an early day as possible, the number of drafted
men that have been organized into regiments or companies, in accor-
dance with the act of Congress under which the draft was made,
and if no such organization has been perfected, the reason for such
delay."'

In answer to the above resolutions, I have the honor to state
that, when the drafted men arrived at the camp of rendezvous in
this City, an order was issued authorizing them to volunteer into
old regiments and batteries, or those already forming but not full.
This was done for two reasons :

First. Because it was far more important to fill up the old regi-
ments and batteries, or complete those already commenced, than to
form new ones.

Second. Because many of the drafted men signified their desire
to enter the service in that way, preferring to go as volunteers than
as c^'afted men.

The final disposition made of the drafted men is stated in the
communication from the Adjutant General, which is referred to
and herewith enclosed.

O. P. MORTON,

Governor of Indiana.

State of Indiana, V

Adjutant General's Office, >

Indianapolis, February 4, 1S63. )

To His Excellency, O. P. Morton,

Governor of Indiana:

In response to your inquiries relative to drafted men organized
into regiments and companies, I have the honor to inform you that
four companies were organized by combinations among them-
selves, to complete regiments already in the service; they elected

379

their captains, and after very little delay, were forwarded to their re-
spective commands. The following were the companies thus or-
ganized : Captain E. L. Billings, for Fifty-Seventh Regiment,
one hundred and one men; Captain John Lemuels, for Eighty-
Third Regiment, ninety-nine men; Captain George S. Mays, for
First Cavalry, one hundred and two men; John C. Tobias for
First Cavalry, ninety-two men. A!)out thirty men were assigned
To Company K, Ninety-Ninth Regiment, to fill it up to the stand-
ard. All th(; drafted men except those above enumerated, volun-
teered as recruits for the regiments or batleries in the field, or for
Those organizing, or were discharged at This oifice on surgeons' certi-
ficates of disability, of which last class there were two hundred and
forty-two.

I have the honor to be,

Very respectfully yours,
LAZ. NOBLE,

Adjutant General Indiana.

Referred to the Committee on Military Afiairs.

The Speaker announced the following committee in pursuance
of the resohition of Mr. Cason of this morning:

1. Mr. Cason, Eighth District, Chairman;

2. Mr. Niblack, First District;

3. Mr. Howk, Second District ;

4. Mr. Abbett, Third District ;

5. Mr. Roberts, Fourth District;

6. Mr. Newman, Fifth District ;

7. Mr. Tarkington, Sixth District;

8. Mr. Puett, Seventh District ;

9. Mr. Shaffer, Ninth District;
10. Mr. Bird, Tenth District;

IL Mr. O'Brien of Hamilton, Eleventh District;
12. Messrs. Harney and Van Busk irk. State at large.

The special order being the consideration of House bill No. 139,
an act to raise a revenue for State puruposes, for the years 1863
and 1864, reported by the Committee on Ways and Means ;

On motion of Mr. Niblack,
The House resolved itself into a committee of the whole, upon
the consideration of said bill, Mr. Holcomb, chairman.

380

Mr. Holcorab, chairman of the committee of the whole House,
made the following report:

Mr. Speaker : '

The committee of the whole House, have had under consid-
eration House bill No. 139, entitled an act to raise a revenue for
State purposes, for the years 1863 and 1864, and have directed me
to report the bill back to the House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. I\Iiller :

ResoJveth That the Committee on the Judiciary be instructed to
inquire whetlier the usual number of the fourteenth volume of the
Indiana R;>ports of the Supreme Court have been furnished to the
State as provided by law, and if not, whether any further legisla-
tion is nec-essary to cause the same to be furnished, and to report
by bill or otherwise.

Adopted.

By the same :

Resolved, That a committee of three be raised to ascertain as
near as may be, how many pages a revised edition in pamphlet
form, of so much of the law as relates to the settlement of dece-
dents' estates, and the duties of executors, administrators, and
guardians, with the necessary forms appertaining thereto will make,
and to ascertain also the probable cost to the State of printing one
copy to every two hundred inhabitants of the State of such edition,
and report their action to this House for its consideration at an
early day.

Adopted.

By Mr. Van Buskirk :

Resolved, That the Committee on the Judiciary be instructed to
inquire whether any additional legislation is necessary to enable
residents of this State to sue foreign Insurance Companies in the
Courts of this State, and report by bill or otherwise.

Adopted.

By Mr. Lasselle :

Resolved by the House, That the Committee on Ways and Means

381

be instructed to inquire into the expediency of providing by law
for the reception of United State:^ treasury note.s for all kinds of
taxes, and to report by bill or otherwise.
Adopted.

By Mr. Waterman : -

Resolved, That the Committee on the Sinking Fund be instruct-
ed to inquire whether there has been any losses to said fund on
loans made by the Board of Sinking Fund Commissioners, or by
the President of said Board, and if so, the probable amount; and
that said committee report the result of their investigation to this
House.

Adopted.

By Mr. Holcomb:

Resolved, That the Committee on Canals and Internal Improve-
ments be instructed to inquire into the expediency of making such
reduction in the salaries of the trustees of the Wabash and Erie
Canal, as to allow Them a fair compensation for their services, and
nothing more ; and that they report by bill or otherwise.

Adopted.

By Mr. Rippey:

Resolved, That the Committee on Fees and Salaries be in-
structed to inquire what legislation is necessary, if any, to give
county recorders the privilege of demanding the fee in advance
from non-residents of the county, for recording deeds, mortgages,
and other instruments in writing, and report by bill or otherwise.

Adopted.

By Mr. Packard :

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of so amending the law as to allow
recorders, whose term of office has expired, to issue fee bills for the
collection of all sums due them in the discharge of their official
duties.

Adopted.

By Mr. Gregory :

382

"Whereas, There is no act of Congress of the United States, or
any military provision by which the bodies of those who have lost
their lives in the present struggle to put down the rebellion, should
be returned to their friends and relations, free of all charge to said
friends and relations ; and

Whereas, Nearly all the railroad companies in the loyal States
of the United States have been benefitted financially by the break-
ing out of the present rebellion ; and

Whereas, It would be a great source of comfort to parents, re-
lations, and friends of said deceased soldiers to have them returned
home free of charges (many of whom are the poor of the land):
therefore, be it

Resolved^ That the Committee on Railroads, of this House,
be instructed to inquire and examine into the charters of the rail-
road companies of this State; also the Constitution; and if found
that a law can be enacted and prepared by tliis Legislature which
is lawful and constitutional, then that said Railroad Committee be
further instructed to draft and report to this House a bill requiring
the different railroad companies of this State, to ship and transport
over their railroads the bodies of said soldiers, free of charge, on
the request of the relations or friends of the same, during the ex-
istence of the preent rebellion.

Adopted.

By Mr. Richardson :

Resolved, That the Committee on Sw^amp Lands be requested
to inquire into the expediency of requiring owners of swamp or
marsh lands to drain the same, and giving county commissioners
power to levy taxes on such lands, and to expend the same for the
purpose of draining tlie same, and report by bill or otherwise.

Adopted.

Mr. Woollen ottered

Joint resolution Xo. oO. A joint resolution instructing our Sen-
ators and requesting our Representatives in Congress to oppose the
passage of the law to indemnify the President, and those acting
under him, for illegal arrests;

Which was read, and passed to a second reading.

383

The follhwiiig bills were introduced, read the first time, and
passed to a second reading :

By ]Mr. Gregory :

House bill No. 153. An act to amend the third section of an
act to regnlate and license the sale of spirituous, vinous, malt, or
other intoxicating liquors, &c.

By i\Ir. Davis :

House bill No. 154. An act to provide for the opening of ditches,
the changing of water courses, and keeping the same open, and re-
pealing all laws inconsistent herewith.

Mr. Howell moved that the constitutional rule be suspended and
the bill read a second time now.

The question being on the suspension of the rule.

Those ivko voted in the affirmative ivere —

Messrs.

Gregory,

Kemp of Dubois

, Perry,

Abdill,

Hall,

Kemp of V

'g«.

Pettibone,

Anderson,

Ha una, •

Kilgore,

Priest,

Baker,

Harney,

Lamb,

Puett,

Blocher,

Hershey,

Leeds,

Rippey,

Budd,

Hetiield,

Lemmon of

H.,

, Roberts,

Cason,

Higgihs,

Marshall,

Robinson,

Collins,

Holcomb,

Mustard,

Roe,

Davis,

Hostetter,

Mutz,

Ryan,

DeBruler,

Howard,

Niblaek,

Shoaff" of Allen,

Forrester,

Howell,

Noycs,

Van Buskirk,

Garvin,

Humphreys,

O'Brien of

H.,

Veach,

Given,

Hatchings,

O'Brien of M.,

Woollen, and

Gregg,

James,

Packard,

Mr. Speaker-56.

Those ivho voted in the

negative were—

Messrs.

Hon,

Milroy,

Shaffer,

Abbett,

Howk,

Morgan,

ShoalT of Jay,

Burton,

Johnson,

Newman.

Spencer,

Cook,

Lasselle,

Osborn,

Waterman,

Donaldson,

Lee,

Reitz,

Wolfe, and

Harden of W.

, Ijemmon of

S., Richardson,

Woodruff— 25.

Hardin, of P.,

Miller,

. ' 384

So the rule was not suspended.

By Mr. Hanna :

House bill No. 155. An act providing for a committee to audit
and allow claims against the State for services rendered by the
officers and men of the Indiana Legislature, the militia organized
under the proclamation of the Governor, dated September 5, 1862,
in the defense of the Ohio river border of this State, and delining
the powers and duties of said committee.

By I\Ir. Hetfield :

House bill No. 156. An act to license and regulate the sale of
spirituous, vinous, malt, and other intoxicating liquors; to prohibit
the ad«lteration of liquors ; to repeal all former laws contravening
the provisions of this act, and pres^cribing penalties for the violation
thereof.

By Mr. Hetfield : ' ^ '

House bill No. 157. An act to regulate toll and fare on the
bridges of the Wabash, and in particular the Covington bridge.

By Mr. Hetfield :

House bill No. 158. An act to fix and regulate the fare and toll
on rail roads in this State.

By Mr. Morgan :

House bill No. 159. An act for the protection of sheep, and
taxing the owners of dogs to pay the owners of sheep that may be
destroyed by dogs.

By Mr. Woodruff":

House bill No. 160. An act to amend an act entitled an act to
provide for the opening, vacating and change of highways, approved
June 17, 1852.

By Mr. Spencer:

House bill No. 161. An act to amend the twenty-second section
of an act entitled an act conserning inclosures, trespassing animals,
and partition fences, approved June 4, 1852.

385

By Mr, Johnson :

House bill No. 162. An act relative to certain officers of the
Sinking Fund.

By Mr. Given :

House bill No. 163. An act to authorize the Board of County
Commissioners to declare when any incorporated town or towns
fail to elect Trustees for the term of two years preceeding, the in-
corporation thereof dissolved, and prescribing the duties of the
County Auditor in such cases.

By Mr. Donaldson :

House bill No. 164. An act to amend the eighth section of an
act to amend the act entitled an "Act authorizing the construction
of plank, McAdamized and gravel roads, and empower the same to
make sale' of a portion of their roads," approved February 28, 1855

By Mr. Milroy :

House bill No. 165. An act to amend section one of an act en-
titled " An act to exempt property for sale in certain cases," ap-
proved February 17, 1852.

By Mr. Waterman :

House bill No. 166. An act supplemental to an act entitled
" An act to provide for ' To\vn:>hip Elections,' " approved June 15,
1852.

By Mr. Leeds :

House bill No. 167. An act to entitle special assistant Buigeons,,
who have been sent to battle fields and hospitals in cases of emer-
gency, to draw pay for the time they were absent on such special
duty.

By Mr. Burton :

House bill No. 168. An act to repeal an act entiitled " An act
to license dogs, and providing for the payment of damages sustain-
ed in the maiming or killing of sheep by dogs, declaring under
what circumstances they may be killed, and prescribing a punish-
H. J.— 25

386

ment for killing licensed dogs, and to provide penalties for the vio-
lation of any provisions of said act by officers and others," approved
March 11, 1861.

By Mr. Mutz :

House bill No. 169. An act prohibiting any person from enter-
ing upon the lands of another withont the consent of the owner or
occupant; and fixing the punishment for a violation of the provi-
sions of said act.

By Mr. Howk :

House bill No. 170. An act to amend the first section of an act
entitled "An act to amend the fourth section of an act entitled an
act to fix the times of holding the Common Pleas Courts in the
several counties of this State, the duration of the terms thereof,
and making all process from the present Common Pleas Courts re-
turnable to such terms, and declaring when this act shall take
eflect, and repealing all laws inconsistent therewith, approved
March 5, 1859, and providing for the return of process to the terms
fixed by this act, and declaring when this act shall take effect," ap-
proved March 11, 1861, and providing for the return of process to
the terms fixed by this act, and declaring when this act shall take
effect.

By Mr. O'Brien of Hamilton :

House bill No. 171. An act to amend section two of an act en-
titled "An act in relation to county auditors," approved May 31.
1852, and increasing the amount of the penalty of the bonds of
county auditors.

By Mr. Ferris :

House bill No. 172. An act to provide for the regulation of fare
charged by railroad corporations, or companies for the transporta-
tion of passengers on railroads, and prescribing penalties for the
violation of this act.

By Mr. Niblack :

House bill No. 173. To amend sections 152, 178, 199, 322, and
578 of chapter 1, of an act entitled "An act to revise, simplify, and

387

abridge the rules, practice, pleadings, and forms, in civil cases, in
the courts of this State; to abolish distinct forms of action at law,
and to provide for the administration of justice in a uniform mode
pleading and practice, without distinction between law and equity,"
approved June 18, 1852.

By Mr. Humphreys:

House bill No. 174. An act to amend section 1 of an act enti-
tled "An act providing for the election and qualification of justices
of the peace, and defining their jurisdiction, powers, and duties, in
civil cases," approved June 9, 1852.

By Mr. Howard : "^

House bill No. 175. An act to amend sections 78 and 84, of an
act entitled an act to provide for a general system of common
schools, the officers thereof, and their respective powers and duties,
and matters properly connected therewith, and to establish town-
ship libraries, and to repeal all laws inconsistent therewith, ap-
proved March 11, 1861.

By Mr. Hostetter:

House bill No. 176. An act to authorize constables to adminis-
ter all oaths necessary in the discharge of their official duties.

By Mr. Packard :

House bill No. 177. An act supplemental to an act providing
for the redemption of real property, or any interest therein, sold on
execution or order of sale, and providing for the issuing of certifi-
cates of purchase in such cases, and for the execution of conveyances,
and repealing all laws in conflict therewith, approved June 4, 1861.

• By Mr. Harney :

House bill No. 178. An act repealing section 9 of an act enti
tied an act defining certain felonies and misdemeanors, and prescrib-
ing punishment therefor, and providing for certain evidence on the
part of the State, approved Feb. 22, 1861.

By Mr. Kemp : '

House bni No. 179. An act amending the providing clause of

388

section 32, and repealing the first providing clause of section 33 of
an act entitled "An act regulating the fees of officers, and repeal-
ing former acts in relation thereto," approved March 2, 1855.

By consent of the House,

Mr. Milroy offered the following resolution :

Resolved, That the Committee on Agriculture, County and
Township Business, be allowed, by this House, to employ one
clerk for the balance of the session.

Mr. Given moved that the resolution lie on the table.
Agreed to. ^

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the Senate to inform the House that the Presi-
dent of the Senate has signed the following enrolled Acts thereof:

Enrolled Act No. 15. An act to authorize the Governor to issue
a patent to Aaron Foster for certain Michigan Road land in Laporte
county.

No. 140. An act to authorize the chairman of committees, ap-
pointed by either House, or both Houses of the General Assembly,
to administer oaths to witnesses testifying, or called to testify be-
fore such committees :

The House adjourned until to-morrow at 9 o'clock, A. M.

WEDNESDAY, 9 o'clock, a. m. )
February 11, 1863. j

House met *

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

389

By Mr. Pendleton : ,

A petition asking the enforcement of the thirteenth article of the
Constitution.

Referred to the committee on that subject.

By Mr. Hetfield:

A memorial in reference to the printing of the advertisements of
sales of delinquent lands.
. Referred to the Committee on Fees and Salaries.

REPORTS FROM STANDING COMMITTEES.

By Mr. Humphreys, Chairman of the Committee on Fees and
Salaries :

Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
House resolution No. — , introduced by Mr. Holcomb, instructing
them to report a bill fixing printers' fees for advertising Sheriff's
sales, have had the same under consideration, and have instructed
me to report the following bill, and recommend its passage :

House bill No. 180. An act to amend an act entitled "An act
to amend section 467 of an act entitled an act to revise, simplify,
and abridge the rules, practice, pleadings and forms in civil cases in
the courts of this State, to abolish distinct forms of action at law,
and to provide for the administration of justice in a more uniform
mode of pleading and practice, without distinction between law
and equity," approved June 18, 1852, approved February 2, 1855.

The bill was read, and passed to a second reading.

By Mr. Kilgore, from the Committee on the Rights and Privileges
of the Inhabitants of this State.

The Committee on Rights and Privileges, to which was referred
House bill No. 16, entitled "An act to enable landlords and tenants,
lessors and lessees to contract with each other, so as to secure the
rights of each," have had the same under consideration, and a major-
ity of said committee are of the opinion that further legislation on
the subject is unnecessary, and they recommend that said bill be
laid on the table.

390

The report was concurred in. '•

By jNIt. Packard, from the Committee on the Judiciary : ,
Mr. Speaker:

The Committee on the Judiciary, to whom was referred House
bill No. 17, would respectfully report that they have had the same
under consideration, and they herewith return the same, and would
recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Kilgore, from the same committee:
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 90, entitled "An act to authorize per-
sons owning real estate, situate in counties in which they do not
reside, to pay the taxes levied on such real estate to the Treasurer
of the State,"

To respectfully report that they have had the same under consid-
eration, and they are of the opinion that further legislation on the
subject is inexpedient, they therefore recommend that said bill lie
iipon the table.

The report was concurred in.

By the same :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 47, entitled "An act to legalize the acts of
certain civil officers in this State, who have entered the military
service of the United States, and whose duties have been discharged
by deputies during their absence,"

On motion of Mr. Niblack,
The bill was recommitted to the Judiciary Committee, with in-
structions to further investigate the subject of said bill, and report.

By Mr. Howk, Chairman of the Committee on the Judiciary :

391

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 75, entitled "An act to provide for the in-
spection of petroleum oils, for illuminating purposes, making and
branding the same, prescribing penalty for selling without inspec-
tion, or for falsely branding the cask, package or barrel containing
the same, or for violating any of the provisions of this act, for the
appointment of Inspectors and deputies, prescribing duties and
terms of office, and imposing penalties for Inspectors or deputies
trading in any article they are appointed to inspect,"

To respectfully report that they have duly considered the same,
and they recommend that the fifth section thereof be amended by
striking out the word "indictment" where it occurs, and inserting
in the place thereof the word "presentment," and when the same
is so amended, they recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Lake, from the same committee:

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 107, entitled " an act for the relief of
Nineveh Berry," to respectfully report that they have had the
same under consideration, and they herewith return the same to this
House, and recommend the passage thereof.

The report was concurred in, and the bill ordered To be engrossed.

A message from the Governor, by Mr. Holloway, his Private
Secretary:

Mr. Speaker :

I am directed by the Governor, to transmit to your honorable
body the following communication, in response to your resolution
calling for information relative to the issue of arms and munitions
of war:

392 .

State of Indiana, \

Executive Department, \

Indianapolis^ February 10, 1863. )

To the House of Representatives of the State of Indiana :

I had the honor to receive a lesolution adopted by your honor-
able body, which is in the words following, to- wit :

" Resolved, That His Excellency, the Governor, be requested to
inform this House at an early day, of the whole number of arms,
and whole amount of munitions of war of every description, now
on hand, belonging to this State ; the whole number of arms, and
the whole amount of munitions of war that have been purchased
for the State, during his present term of office; what disposition,
if any, has been made of the same ; if they have been disposed of,
either permanently or temporarily, to what person or persons they
have been so disposed of; the time of which they were so disposed
of; the whole number of arms, and the whole amount of munitions
of war, that each person or persons have so received, and for what
purpose each person or persons received the same."

It will be seen that this resolution is very comprehensive in its
terms, embracing the purchase and distribution of arms, the arming
of the Indiana Legion, and the operatives of the State Arsenal
and the disposition of the ammunition therein prepared; the arms,
including artillery purchased by the State, were placed in the
hands of Indiana troops mustered into the service of the United
States, and their cost and expenses of purchase and transportation
charged up to the United States. Tiie arms purchased -by the
State were of the first class and best quality, and it was due to our
gallant soldiers, and important to the honor of the State, and the
interest of the nation that they should be put into the hands of
men going into the field.

The arms that have been distributed to the Indiana Legion, and
those now on hand in the State Armory, were not purchased by
the State, but are the property of the United States.

For an account of the purchase of State arms, and disposition
made of them, distribution of arms to the Indiana Legion, ammu-
nition prepared at the State Arsenal, and disposition thereof, and
number and quality of arms remaining in the armory, yoiu* honor-
able body is respectfully referred to the reports of Quartermaster

393

General Stone, Chief of Ordnance Colonel Sturm, the Hon. Robert
Dale Owen, and other documents herewith laid before you.

The report of General Stone will show that only nine hundred
and fifty-three guns have been issued within the last six months to
counties not bordering on the Ohio River, and these guns have
been issued to companies regularly organized under the law, and
upon requisitions made. All arms distributed to the Legion, have
been issued for the general defense and security of the State.

O. P. MORTON,

Governor of Indiana.

Referred to the Committee on Military Affairs.

The special order being the consideration of Mr. Mason's reso-
lution, relative to the arms and munitions of war distributed by
the Governor,

On motion of Mr. Niblaciv,
The resolution was referred to the Committee on Military Affairs.

RESOLUTIONS OF THE HOUSE.

By Mr. Niblacl.- :

Resolved, That the Committee on Temperance be instructed to
inquire into the expediency of reducing the amount charged by the
State for licenses to retail spiritous, vinous, and malt liquors, in
consequence of the additional tax- charged by the United States
Government under the recent act of Congress known as the
" Excise Law," and to report by bill or otherwise.

Adopted.

By Mr. Miller:

Resolved, That the Committee on Ways and Means be instructed
to inquire into the propriety and expediency of making an appro-
priation of fifteen hundred dollars more or less, to inclose the
grounds around the Insane Asylum, in accordance with the sug-
gestion of the Superintendent of said Institution, in his late report
to this House, and report their views in relation thereto at an early
day.

Adopted.

By Mr. Woodruff:

394

Resolved, That the Committee on the Rights and Privileges of
the Inhabitants of the State, be instructed to inquire into the pro-
priety of enacting a law to compel gravel, plank, McAdamized and
turnpike road companies to erect their toll gates at such a distance
from the dwelling houses of persons living on said roads, as not to
interfere with tlie rights, or disturb the peace and comfort of such
persons and their families, and report by bill or otherwise.

Adopted.

By Mr. Newman:

Resolved, That the Committee on Rights and Privileges be in-
structed to inquire what legislation, if any, is necessary to prohibit
the firing of guns or pistols, on or across any public roads, and to
prohibit the firing of any gun or pistol on the Sabbath that will
disturb any congregation engaged in religious worship.

Adopted.

Mr. Forrester oftered joint resolution No. 31:

Resolved, That our Senators be instructed, and our Representa-
tives in Congress be requested, to oppose the passage of a general
bankrupt law by Congress during their term of office in. Congress ;

Which was read and passed to a second reading.

The following bills were introduced, read the first time and
passed to a second reading:

By Mr. Woodruft^:

Plouse bill No. 181. An act to amend the 122d section of an
act entitled an act providing for the election and qualification of
Justices of the Peace, and defining their jurisdiction, powers and
duties in civil cases, approved June 9, 1852.

By Ur. Griffith :

House bill No. 182. An act to amend sections Nos. 12, 13, 25,
27, 32, 33, 48, 97, 107, 125,-156, 162, and to repeal section No. 137
of an act entitled " An act to provide for a general system of com-
mon schools, the officers thereof, and their respective powers and
duties, and matters properly connected therewith; and for the
establishment and regulation of township libraries, and to repeal
all laws inconsistent therewith.

395

By Mr. Jones :

House bill No. 183. An act authorizing County Commissioners
to prevent the running at large of hogs under certain restrictions,
and prescribing penalties therefor.

By Mr. Griffith : . '

House bill No. 184. A bill amending section two of an act en-
titled " An act to regulate the sale of the swamp lands donated by
the United States to the State of Indiana, and to provide for the
draining and reclaiming thereof, in accordance with tlie conditions
of said grant, approved May 9, 1852.

By Mr. Morgan :

House bill No. 185. An act to amend section eight of an act
entitled an act authorizing the construction of plank, McAdamized
and gravel roads, approved May 12, 1852.

The Speaker laid before the House the following communication :

Headquarters Mustering and Disbursing Service, \

State of Indiana, >

Indianapolis, February 11, 1863, )

Sir: — The General Assembly are invited to attend the artillery
practice, near the New Fair Grounds, at 2 o'clock, P. M., this day.

Very respectfully,

Your obedient servant,

HENRY B. CARRINGTON,

Colonel 18/A U. S. Volunteers,

Com''d''ng at Indianapolis.
Hon. Mr. Buskirk,

Speaker House of Representatives, State of Indiana.

Mr. Miller oflfered the following resolution which was adopted.

Resolved, That the doorkeeper be instructed to procure three
dollars worth of postage stamps, two dollars worth to be one cent
stamps, and the residue three cent stamps, for each member of this
House, the principal and assistant clerks of this House and their
appointees, the clerks of the various Committees of this House, to

396

which clerks have been allowed ; and that six dollars worth of
stamps, one-half of them three cent and the residue one cent
stamps, be furnished the Speaker of this House, and that the door-
keeper and Sergeant-at-arms of this House be provided with three
dollars worth of stamps in manner aforesaid, and that each of their
appointees be furnished with one dollar and fifty cents worth of
stamps.

Mr. Anderson offered the following resolution :

Whereas, This House has accepted the Invitation to attend the
artillery drill this afternoon ; therefore,

Resolved, That when this House adjourn, it adjourn till to-mor-
row morning at 9 o'clock.
Not adopted.

Mr. Hon obtained leave of absence on account of sickness.

FURTHER REPORTS FROM STANDING COMMITTEES.

By Mr. Hutchings, from the Committee on Claims.
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
John Lanahan, for sixty-five days labor in fitting up State House,
have had the same under consideration, and recommend that John
Lanahan be allowed the sum of eighty-three dollars, and that the
Committee on Ways and Means be instructed to incorporate into
the specific appropriation bill an allowance of eighty-three dollars,
in favor of John Lanahan, in full of said claim.

The report was concurred in.

By Mr. Howell, from the same Committee:
Mr. Speaker :

I am directed by the Committee of Claims, to whom was re-
ferred House bill No. 145, to report that they have had the same
under consideration, and recommend the passage of the bill.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Pendleton, from the same committee:

397

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Patrick Braum, for six days firing in the cellar, at State House,
himself and boy, have directed me to recommend the allowance of
$13 50, for the above work, and recommend that the Committee
of Ways and Means be directed to incorporate into the Specific
Appropriation bill an allowance for the same.

The report was concurred in.

By Mr. Veach, from the same committee :
Mr. Speaker:

The Committee on Claims, to whom was referred the bill of
James Griffin, for labor performed in fitting up State House, and
wheeling coal in the cellar, amounting to fifty-five dollars, have had
the same under consideration, and recommend the same be al-
lowed, and that the Committee on Ways and Means be instructed
to incorporate an allowance of fifty-five dollars to James Griffin in
the Specific Appropriation bill.

The report was concurred in.

By Mr. Lemmon of Harrison, from tliC same committee.
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
L. B. Brown, for twenty days labor performed, have had the same
under consideration, and recommend that he be allowed the sum
of one dollar and fifty cents per day for the same, and that the
Committee of Ways and Means be instructed to incorporate the
sum of thirty dollars into the Specific Appropriation bill, as an al-
lowance for the same.

The report was concurred in.

By Mr. Howell, from the same committee:

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Reinhart for eleven dollars and seventy-five cents, have examined
the same, and recommend the Committee on Ways and Means be

398

directed to incorporate into the Specific Appropriation bill an al-
lowance for the same.

The report was concurred in.

By the same :

Mr. Speaker:

Tlie Committee on Claims, to whom was referred the claim of
James Russell, for six days services sawing and preparing wood,
have had the same under consideration, and beg leave to report
that he be allowed one dollar and fifty cents per day for the same,
and that the Committee on Ways and Means be instructed to in-
corporate an allowance of nine dollars, for the same, in the Specific
Appropriation bill.

The report was concurred in.

By the same: ■

Mr. Speaker:

I am directed by the Committee on Claims, to whom was re-
ferred the claim of Larry Kennedy, for nineteen days work in fit-
ting up for the present Legislature, to recommend the allowance
of twenty-eight dollars and fifty cents for the same, and recom-
mend that tlie Committee on Ways and Means be directed to
incorporate into the Specific Appropriation bill an allowance for
the same.

The report was concurred in.

By the same : . -

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Ballwig 6c Kindler for locks, repairing, keys, &c., have had the same
under consideration, and instruct me to report that, in the estima-
tion of the committee, the sum of fifty dollars would be a fair
compensation for the labor and material, &:c., charged in the claim,
and that the Committee on Ways and Moans be instructed to in-
corporate into the Specific Appropriation bill an allowance of fifty
dollars in favor of Ballwig & Kindler, in full for said claim.

The report was concurred in.

399

\ - , ■

By the same :

Mr. Spkaker:

The Committee on Claims, to whom was referred the claim of
T. W. Braden, for stationery amounting to thirteen dollars, have
had the same under consideration, and recommend that said claim
be allowed, and that the Committee on Ways and Means be in-
structed to incorporate said allowance in the Specific Appropria-
tion bill.

The report was concurred in.

The House proceeded to the

ORDERS OF THE DAY,

And took up Senate bills on their second reading.

Senate bill No. 15. An act to authorize railroad companies to
make extensions or brandies in certain cases, and to take stock in
railroad bridges ;

Was read the second time, and referred to a select committee of
five.

The Speaker appointed Messrs. Roberts, Howard, Tarkington,
Packard, and Van Buskirk, said committee.

Senate bill No. 15. A bill prescribing the forms of conveyances
of real estate that may be used by executors, administrators, guard-
ians, trustees, and commissioners in certain cases, amending sec-
tion one hundred of the act in relation to the settlement of deced-
ents' estates, approved June 17, 1852, and also to repeal the five
hundred and forty-seventh section of an act entitled " an act to
revise, simplify, and abridge the rules, practice, pleadings, and
forms in civil cases in the courts of this State, to abolish distinct
forms of action at law, and to provide for the administration of
justice in a uniform mode of pleading and practice, without dis-
tinction between law and equity," approved June 18, 1852;

Was read the second time, and referred to a select committee of
five. The Speaker appointed Messrs. Miller, ShoafF of Allen,
Lamb, Given, and Anderson, said committee.

Senate bill No, 19. An act to provide that the amount of
United States Government stamp duties required and used on

400

original process, certificates, bonds, appraisements, deeds of con-
veyance by sheriffs and on other iristruments, shall in all actions be
taxed and collected as other costs in said action;

Was read the second time, and referred to the Committee on
Fees and Salaries. ,

Senate bill No. 20. An act to amend section thirty-three of an
act entitled an act to provide for the valuation and assessment of
the real and personal property, and the collection of taxes in the
State of Indiana, for the election of township assessors, and pre-
scribing the duties of assessors, appraisers of real property, county
treasurers and auditors, and of the Treasurer and Auditor of State,
approved June 21, 1852;

The bill was read the second time, and ordered to a third reading.

Senate bill No. 22. A bill to amend the fifty-fourth section of
chapter seven, entitled an act defining misdemeanors, and prescrib-
ing punishment therefor, approved June 14, 1852;

Was read the second time, and referred to the Committee on the
Judiciary.

Senate bill No. 24. A bill to provide for the execution of con-
veyances by county auditors for school lands, when the certificate
has not been properly assigned, or assignment acknowledged in
certain cases ;

Was read the second time, and referred to the Committee on
Education.

Senate bill No. 26. An act to amend the twelfth section of an
act touching the relation of guardian and ward, approved June 9,
1852;

Was read the second time, and referred to the Committee on the
Judiciary.

Senate bill No. 28. An act in addition to the first section of an
act passed in 1861, entitled an act to amend the second section of
an act entitled an act to amend the two hundred and seventh and
two hundred and eighth sections of an act entitled an act to revise,
simplify, and abridge the rules, practice, and forms in civil cases in
the courts of this State, to abolish distinct forms of action at law,
and to provide for the administration of justice in a uniform mode
of pleading and practice, without distinction between law and
equity, approved June 18, 1852, so as to authorize a change of

401

name in certain cases, approved March 5, 1859, and to make addi-
tional provisions on the same subject;

Was read the second time, and ordered to a third reading.

Senate bill No. 30. A bill to provide for the erection and repair
of any bridge acsoss a stream forming the boundary line between
the counties, and to repeal laws inconsistent therewith ;

Was read the second time, and referred to the Committee on

Roads.

Senate bill No. 32. A bill to provide for the publication of
notice of the pendency of suits as against defendants whose resi-
dence is unknown;

Was read the second time, and referred to the Committee on
the Judiciary.

Senate bill No. 33. A bill prescribing the forms of deeds that
may be used by sheriffs and coroners ;

Was read the second time, and referred to the Committee on the
Judiciary.

SENATE BILLS ON THEIR FIRST READING.

Senate bill No. 39. A bill to amend the third section of an act
prescribing the powers and duties of justices of the peace in State
prosecutions, approved May 29, 1S52 ;

Was read, and passed to a second reading.

Senate bill No. 76. A bill to amend section one of an act enti-
tled "An act touching the laying out and locating towns, streets,,
alleys, public squares and grounds, or any part thereof, the making
out and recording of i)lats of such towns, and providing for the
change of the names of such towns, approved May 20, 18-32, and pro-
viding when the same shall take eti'cct."

The bill was read ;md passed to a second reading.

. Senate bill No. 93. A bill to extend the time for the completion
of railroads in all cases in which two thousand dollars per mile has
been expended in their construction, and declaring at what time the
act shall take eflect and be in force.

The bill was read, and passed to a second reading..

The House adjourned until 2 o'clock P. M.
H. J.— 26

402

2 o'clock, p. m.

The House met. v

Mr. Ferris, by consent of the House, offered the following resolu-
tion, which was adopted : • ■ ,

Resolved^ That the Committee on Education be instructed to in-
quire into the expediency of making the following changes in the
Common School law, approved March 11, 1861:

1st. To so change section 10 of said act as to divide the funds
of each township equally between the districts, without reference
to the number of pupils in the same.

2d. To so change section 14 as to give Trustees a discretionary
power to reject transfers from other townships, when the school to
which they wish to be attached is already full.

3d. To so change section 18 as to require Trustees to publish
a full exhibit of their receipts and expenditures, verrified by affida-
vit, at the place of holding elections on the first Monday in April.

4th. To so change section 19, as to require teachers of private
schools, taught in public school houses, as a condition for the use
thereof, to make a report to the Trustee similar to that made by
teachers of the public schools, so that the Trustee can make report
of the same as required by law.

5th. To so change section 20 that the Trustee shall make his
statistical report at the close of the term of office, say the 1st of
April of each year.

6th. To so change section 28 as to allow Directors of school
districts a reasonable compensation for their services.

Mr. Howk offered the following resolution, which was adopted:

Resolved., That a committee of one from each Judicial Circuit
be raised for the purpose of inquiring into the expediency of re-ar-
ranging the Judicial Circuits and Districts, so as to equalize, as
nearly as possible, the labors of the Judges, and that said committee
report to this House by bill or otherwise.

The House then proceeded with the orders of the day.

» BILLS ON THEIR THIRD READING.

House bill No. 25. An act authorizing Supervisors of Roads to

403

remove fences and buildings standing near public highways, on
streams and water courses, and to assess damages for losses occa-
sioned thereby ;

Was read the third time.

Mr. Cason moved to recommit the bill to the Committee on
Roads, with instructions to strike out all relating to the removal of
dwelling houses.

Agreed to.

IVIi-. Branham, by consent of the House, made the following re-
port from the Committee on Ways and Means :

Mb. Speaker:

The Committee on Ways and Means, to whom was referred
House bill No. 71, entitled "A bill to amend section 173 of the
assessment act," approved the 21st of June, 1852, have had the
same under consideration, and have instructed me to report said
bill back to the House, and recommend that the same be laid on
the table, as the committee deem fvirther legislation on the subject
inexpedient.

The report was concurred in.

House bill No. 40. An act to repeal section 2 of an act entitled
"An act to amend section 11 of an act entitled an act to establish
Courts of Common Pleas, and defining the jurisdiction and duties
of and providing compensation for the Judges thereof, approved
May 14th, 1852, so as to extend the jurisdiction of said court in
certain cases," approved March 5, 1859 ;

Was read the third time.

The question being, shall the bill pass ?

Those laho voted in the affirmative were —

Messrs.

Anderson,

Beyerle,

Budd,

Burton,

DeBruler,

Given,

Hetfield,

Higgins,

Howk,

Howell, Roberts,

Kilgore, Ryan,

Lenunon of H., Van Buskirk,
Pettibone, Williams, and

Richardson, Wolfe— 19.

Those who voted in the negative ivere-
Messrs. Hanna, Lee,

Abbett,

Harden of W., Leeds,

Osborne,
Packard,

404

Baker,

Hardin of Perry

Lemmon of S,

Perry,

Bird,

Harney,

Marshall,

Priest,

Blocher,

Hershey,

McCaughey,

Rippey,

Branham,

Holconib,

Miller,

Robinson,

Cason,

Hon,

Milroy,

Roe,

Collins,

Hostetter,

Moorman,

Shaffer,

Cook,

Humphreys,

Mustard,

ShoafFof Allen,

Davis,

Hatchings,

Mutz,

Stone,

Donaldson,

James,

Newman,

Veach,

Forrester,

Johnson,

Niblack,

Waterman,

Gregg,

Jones,

Noyes,

Woodruff,

Gregory,

Kemp of Duboi;

sO'Brien of H.,

Woollen, and

Griffith,

Kemp of Vigo,

O'Brien of M.,

Mr. Speaker-61

Hall.

Lake,

So the bill did not pass.

House bill No. 48. An act to prohibit Judges of the Common
Pleas Courts of this State from practicing as attorneys in any in-
ferior courts within their districts respectfully ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative ivere —

Messrs.

Harden of W.,

Lee,

Priest,

Anderson.

Hardin of Perry, Leeds,

Puett,

Baker,

Harney,

Lemmon of H.

, Richardson,

Beyerle,

Hershey,

Lemmon of S.,

Rippey,

Bird,

Hetfield,

Marshall,

Roberts,

Blocher,

Higgins,

McCaughey,

Robinson,

Branham,

Holcomb,

Miller,

Roe,

Budd,

Hon,

Milroy,

Ryan,

Burton,

Hostetter,

Moorman,

Shaffer,

Cason, ,

Howell,

Mustard,

Shoaff of Allen,

Collins,

Howk,

Mutz,

Spencer,

Cook,

Humphreys,

Newman,

Stone,

Davis,

James,

Niblack,

Van Buskirl%

De Bruler,

Johnson,

O'Brien of H.,

Veach,

Donaldson,

Jones,

O'Brien of M.,

Waterman,

Forrester,

Kemp of Dubois

, OsborEie,

Williams,

405

Given,

Gregg,

Gregory,

Griffith,

Hall,

Kemp of Vigo, Packard,

Kendrick, Pendleton,

Kilgore, Perry,

Lake, Pettibone,
Lamb,

Wolfe,
Woodruff,
Woollen, and
Mr. Speaker-82.

Mr. Abbott voting in the negative.
So the bill passed.

House bill No. 57. An act to provide that the value of United
States Government stamp duties required and used in original
process certificates, bonds, appraisements, deeds of conveyance by
Sherifts, and on other instruments, shall in all actions be taxed and
collected as other costs in said action;

Was read the third time.

The question being, shall the bill pass ?

Those laho voted in the affirmative were —

Messrs.

Harden of W.,

Lamb,

Puett,

Abbett,

Hardin of P.,

Lee,

Reitz,

Anderson,

Harney,

Leeds,

Richardson,

Beyerle,

Hershey,

Lemmon of H.

, Rippey,

Bird,

Hetfield,

Lemmon of S.,

, Roberts,

Blocher,

Higgins,

Marshall,

Robinson,

Branham,

Holcomb,

McCaughey,

Roe,

Budd,

Hon.

Miller,

Ryan,

Burton,

Hostetter,

Milroy,

Shaffbr,

Cason,

Howell,

Moorman,

Shoaft' of Allen,

Collins,

Howk,

Mustard,

Spencer,

Cook,

Humphreys,

Mutz,

Stone,

Davis,

Hutchings,

Newman,

Tarkington, ;

De B ruler,

James,

Niblack,

Van Buskirk, ,

Donaldson,

Johnson,

Noyes,

Veach,

Forrester,

Jones,

O'Brien of H.,

Waterman,

Garvin,

Kempof Dubois,0'Brien of M.,

Williams,

Given,

Kemp of Vigo,

Osborne,

Wolfe,

Gregory,

Kendrick,

Packard,

Woodruff,

Griffith,

Kilgore,

Pendleton,

Woollen, and

Hall,

Lake,

Priest,

Mr. Speaker-87

Hanna,

406

Mr. Gregg voting in ttie negative — 1. . •- .

So the bill passed.

House bill No. 58. A bill to amend section eighty of an act
entitled " An act to revise, simplify and abridge the rules, practice,
pleadings and forms, in civil cases in the courts of this State ; to
abolish distinct forms of action at the law, and to provide for the
administration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity," approved June
18, 1852 ;

Was read the third time.

The question being shall the bill pass ?

Those who voted in the affirmative tvere —

Messrs.

Abbett,

Anderson,

Beyerle,

Bird,

Branham,

Budd,

Burton,

Collins,

Cook,

Davis,

De Bruler,

Donaldson,

Forrester,

Garvin,

Gregg,

Gregory,

GrifTith,

Hall,

Hanna,

Harden of Perry,

Harney,

Hershey,

Hetfield,

Higgins,

Holcomb,

Hon,

Howell,

Howk,

Humphreys,

James,

Jones,

Kemp of Dubois,

Kemp of Vigo,

Kilgore,

Lake,

Lamb,

Lee,

Leeds,

Lemmon of H.,

Lemmon of S.,

Marshall,

McCaughey,

Miller,

Milroy,

Mustard,

Mutz,

Niblack,

O'Brien c^f H.,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Perry,

Pettibone,

Priest,

Puett,

Reitz,

Richardson,

Rippey,

Roberts,

Ryan,

Shaffer,

Shoaflf of Allen,

Spencer,

Stone, ' .

Tarkington,

Van Buskirk,

Veach,

Waterman,

Williams,

Wolfe,

Woollen, and

Mr. Speaker-73.

Those ivho voted in the negative tvere —

Messrs. Howard, Moorman,

Cason, Hutcliings, Newman,

Hostetter, Kendrick, Noyes,

So the bill passed.

Robinson,
Roe, and
Woodruff— 11.

407

House bill No. 62. An act repealing section twenty-eight of
chapter six of the act defining felonies, and prescribing punishment
therefor, approved June 10, 1852: and defining the crime of arson,
and prescribing punishment tlierefor, and punishment for any in-
jury to any person resulting from arson ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Hardin of Perry

, Lemmon of S.,

Richardson,

Abbett,

Harney,

Marshall,

Rippey,

Beyerle,

Hershey,

McCaughey,

Roberts,

Bird,

Hetfield,

Miller,

Robinson,

Branham,

Higgins,

Milroy,

Roe,

Budd,

Holcomb,

Moorman,

Ryan,

Burton,

Hon,

Mustard,

Shaffer,

Collins, .

Howell,

Mutz,

Shoaff of Allen,

Cook,

Howk,

Newman,

Spencer,

Davis,

Hunphreys,

Niblack,

Stone,

De Bruler,

Hutehings,

Noyes,

Tarkington,

Donaldson,

Jones,

O'Brien of H.,

Van Buskirk,

Forrester,

. Kemp of Dubois

;,0'Brien of ]M.,

Veach,

Garvin,

Kemp of Vigo,

Osborn,

Y/aterman,

Gregg,

Kendrick,

Packard,

Williams,

(xregory,

Kilgore,

Pendleton,

Wolfe,

Griffith,

Lake,

Pettibone,

Woodruff,

Hall,

Lamb,

Priest,

Woollen, and

Hanna,

Lee,

Puett,

Mr. Speaker-78,

Hardin of W,

., Lemmon of H.,

Reitz,

Those

ivho voted in the ne

gative were —

Messrs.

Cason,

James,

Perry — 6. -

Anderson,

Hostetter,

Leeds, and

So the bill passed.

House bill No. 82. An act to amend the first section of an act
to amend an act entitled "An act to amend the 6th section of an
act providing for the organization of county boards, and prescrib-
ing some of their powers and duties, which first above mentioned

408

act was approved June 17, 1852; that said second mentioned act
was apjjroved Feb. 16, 1859; which latter act, last above men-
tioned, was approved March 9, 1861 ;
Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Harden of W.,

Lamb,

Priest,

Anderson,

Hardin of Perry

, Lee,

Puett,

Baker,

Harney,

Leeds,

Reitz,

Beyerle,

Hers hey.

Leminon of H.

, Richardson,

Bird,

H:etfield,

Lemmon of S.,

Rippey,

Blocher,

Higgin^,

Marshall,

Roberts,

Branham,

Holcomb,

McCaughey,

Robinson,

Budd,

Hon,

Miller,

Roe,

Burton,

Hostetter,

Milroy,

Ryan,

Cason,

Howard,

Moorman,

Shafler,

Cook,

Howell,

Mustard,

Shoafl' of Allen,

Davis,

Howk,

Mutz,

Spencer,

DeBruler,

Humphreys,

Newman,

Stone,

Forrester,

Hutc 'lings,

Niblack,

Tarkington,

Garvin,

James,

Noyes,

Van Busk irk,

Given,

Jones

O'Brien of H,

Veach,

Gregg,

Kemp of Dubois

, O'Brien of M.,

Waterman,

Gregory,

Kemp of Vigo,

Osborn,

Williams,

Griffith,

Kendrick,

Packard,

Wolfe,

Hall,

Kilgore,

Perry,

Woodruff, and

Hanna,

Lake,

Pettibone,

Woollen— 83.

Those who voted in the negative ivere-
Messrs. Collins and Donaldson — 2.

So the bill passed.

House bill No. 83. An act to amend the 21st section of an act
prescribing the duties of justices of the peace in State prosecu-
tions, and to enable justices to obtain mileage in making returns,
approved March 1, 1855, and prescribing a penalty for neglecting
to perform the duties therein required ;

Was read the third time.

409

The question being, shall the bill pass ?

Those u'ho voted in the affirmative were-

Messrs.

Hanna,

Leeds,

Puett,

Anderson,

Harden of W.,

Lemmon of H.,

Rci z.

Baker,

Hardin of Perry

, Lemmon of S.,

Richardson,

Beyerle,

Hcrshey,

Marshall,

Rippey,

Bird,

Het field,

McCaiighey,

Roberts,

Blocher,

Higgins,

MiUir,

Robinson,

Branhain,

Holeonib,

Milroy,

Roe,

Budd,

Hon,

Moorman,

Ryan,

Burton,

Howard,

Mustard,

Shaffer,

Cason,

Howell,

Mutz,

Shoaft' of Allen,

Collins,

Howk,

Newman,

Spencer,

Cook,

Humphreys,

Niblack,

Stone,

Davis,

Hutehings,

Noyes,

Tarkington,

DeBrulcr,

Jones,

O'Brien of H.,

Van Buskirk,

Donaldson,

Kemp of Dubois

^O'Brien of M.,

Veach,

Forrester,

Kemp of Vigo,

Osborn,

Waterman,

Garvin,

Kendrick,

Packard,

"Williams,

Given,

Kilgore,

Pendleton,

Wolfe,

Gregg,

Lake,

Perry,

Woodruff,

Griffith,

Lamb,

Petlibone,

Woollen, and

Hall,

Lee,

Priest,

Mr. Speaker-83.

Mr. Gregory voting in the negative — 1.
So the bill passed.

House bill No. 96. An act to amend the 70th sfection of an act
entitled "An act to provide for the valuation and assessment of
real and personal property, and the collection of taxes in the State
of Indiana; for the election of township assessors, and prescribing
the duties of assessors, appraisement of real property, county trea-
surers and auditors, and of Treasurer and Auditor of State," ap-
proved June 21, 1852 ;

Was read the third time.

Mr. Donaldson moved to recommit the bill to the Committee on
Ways and Means, with instructions to make the assessment law
correspond with the provisions of this bill.

4]0

Mr. Holcomb moved to recommit the bill to the Committee on
Roads, with instructions to make the road law coincide with the
provisions of the bill.

Mr. Woodruff moved that the bill lie on the table.
Upon which question Messrs. Donaldson and Griffith demanded
the ayes and noes.

Those luho voted in the affirmative tvere-

Messrs.

Blocher,

Cook,

DeBruler,

Forrester,

Garvin,

Given,

Gregory,

Hanna,

Hetficld,

Holcomb,

Howk,

Humphreys,

Johnson,

Lake,

Miller,

Milroy,

Mustard,

Niblack,

O'Brien of M.

Kemp of Dubois, Packard,
Kemp of Vigo,

Puett,

Reitz,

Richardson,

Wolfe,

WoodrufF,

Woollen, and

Mr. Spcaker-29.

Those who voted in the riesrative were-

Messrs.

Hall,

Lee,

Rippey,

Anderson,

Harden of W.,

Leeds,

Roberts,

Baker,

Hardin of Perry

. Lemmon c

.f H.

, Robinson,

Beyerle,

Hershey,

Lemmon o

fS.,

Roe,

Bird,

Higgins,

Marshall,

Ryan,

Branham,

Hon,

McCaughe

Shaffer,

Budd,

Howell,

Moorman,

Shoaff of Allen,

Burton,

Hutchings,

MuTZ,

Spencer,

Cason,

James,

Noyes,

Stone,

Collins,

Jones,

O'Brien of

H.,

Tarkington,

Davis,

Kendrick,

Osborn,

Veateh,

Donaldson,

Kilgore,

Pendleton,

Waterman, and

Gregg,

Lamb,

Pettibone,

Williams— 52.

Griffith,

So the bill

was not laid on the

> table.

Mr. Holcomb moved to lay the motion to refer to the Committee
on Ways and Means on the table.
Agreed to.

The question being on the motion to refer to the Committee on
Roads,

411

The bill was so referred.

House bill No. 110. An act to amend section one of an act en-
tited "An act to amend section three of an act for the rogvilation
of weights and measures," approved June 9, 1852, approved Feb.

28, 185o ;

Was read iho third time.

Tlie question being, shall the bill jiass ?

Those who voted in the affirmative ivere —

Messrs.

Hershey,

Lemmon of S.,

Rippey,

Anderson,

Hetfield,

McCaughey,

Roberts,

Beycrle,

Holcomb,

Miller, "

Robinson,

Elocher,

Hostetter,

Milroy,

Roe,

Branham,

Howell,

Moorman,

Ryan,

Budd,

Howk,

Mustard,

ShatTer,

Burton,

Humphreys,

Mutz,

ShoafFof Allen,

Cason,

Hutchings,

Newman,

Shoafl'of Jay,

Colhns,

James,

Noyes,

Spencer, «

Donaldson,

Johnson,

O'Brien of H.,

Stone,

Ferris,

Jones,

Osborn,

Tarkington,

Forrester,

Kemp of Duboi;

?,Packard,

Veacli,

Garvin,

Kemp of Vigo,

Pendleton,

Waterman,

Gregg,

Lake,

Perry,

Williams,

Gregory,

Lamb,

Pettibone,

V/olfe,

Griffith,

Lasselle,

Priest,

Woodruff,

Hall,

Lee,

Puett,

Woollen, and

Hardin of W.,

Lemmon of H.,

Richardson,

Mr. Speaker-74.

Hardin of Perry

Those who voted in the nef^ative ivere-

Messrs
Davis,

Leeds, and Reitz — 4.

Given,

So the bill passed. -

The House adjourned until to-morrow at 9 o'clock, A. M.

412

THURSDAY, 9 o'clock, A. M., |
February 12, 1863. j

The House met. ' ,

The Journal was read and approved.

A message from the Governor by Mr. Holloway, his private Sec-
retary : ^ ■

Mu. Speaker:

I am directed by the Governor to inform the House that he has
approved and signed House bill No. 15, "An act to authorize the
Governor to issue a patent to Aaron Foster for certain Michigan
road land in Laporte county." Also, House bill No. 140, "An act
to authorize the chairman of committees appointed by either House,
or both Houses of the General Assembly, to administer oaths to
wittnesses testifying or called to testify before such committees,"
and has caused copies of the same to be filed in the office of the
Secretary of State.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Packard : '

A memorial from the citizens of Porter county, asking for a more
stringent law for the protection of the ballot-box.
Referred to the Committee on Elections.

By Mr. Richardson:

A petition from the citizens of White county, asking for a law
protecting fur-producing animals.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

REPORTS FROM STANDING COMMITTEES.

By Mr. Howk, Chairman of the Committee on the Judiciary :

Mr. Speaker :

I am instructed by the Judiciary Committee, to whom was refer-
red House bill No. 116, entitled "A bill for an act to amend the
seventh section of an act entitled an act to provide for the election

413

of a Reporter, and a speedy publication of the decisions of the Su-
preme Court, and for the compensalion of such Reporter," ap-
proved February 5, 1862;

To respectfully report that they have had the same under con-
sideration, and they herewith reiurn the same to this House, and
recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Kilgore, from the same committee:

Mr. Speaker : . ^

I am instructed by the Committee on the Judiciary, to whom was
refen-ed House bill No, 87, entitled "A bill defining what shall consti-
tute an assault, and prescribing the punishment therefor," together
with the following proposed amendment, to-\vit :

Section 2. Justices of the Peace shall have exclusive jurisdic-
tion to hear and determine offences named in the first section of
this act;

To reep^ctfuily report that they have duly considered said bill
and proper amendment, and they recommend that the same be
amended as proposed, and when so amended, they recommend the
passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

. By Mr. Lake, from the same committee: ,

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 98, entitled "An act to legalize the sale of
certain Congressional school lands,"

To respectfully report that they have duly considered the same,
and they are of the opinion that the passage thereof is inexpedient,
they therefore recommend that said bill lie upon the table.

The report was concurred in.

By the same : ^ ' '

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was

414

referred House bill No, 68, entitled "An act entitled an act to amend
the 22d section of an act entitled an act defining misdemeanors,
and prescribing punishment therefor," approved June 14, 1852 ;

To respectfully report that they have duly considered the same,
and they herewith return the same to this House, and recommend
that said bill lie on the table.

The report was concurred in, and the bill laid on the table.

By Mr. Burton, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 72, entitled "an act to amend the
twenty-second section of an act entitled 'an act defining misde-
meanors, and prescribing punishment therefor,' " approved June 14,
1852, to respectfully report that they have duly considered the
same, and they recommend that the first section of said bill be
amended by striking out all after the words, "to- wit," in the four-
teenth line of said section, and inserting the following words, to-
wit: Every person who shall be guilty of notorious lewdness, or
who shall expose the naked person of himself or herself, or of any
other per.son, or any private part thereof, or who shall urinate, or
evacuate the bowels, or who shall sing any indecent or vulga/ song,
or use any vulgar or obscene language or gesture, in any street,
sidewalk, or public square of any cit}-, town, or village, or in the
presence, view, or hearing of any private family, or of any female,
or of any public assembly where people have congregated for a,
lawful purpose, shall for every such offense, be deemed guilty of
public indecency, and upon conviction thereof, shall be fined not
exceeding one hundred dollars, to which may be added imprison-
ment in the county jail for any determinate period, not exceeding
three months; and when said bill is so amended, they recommend
the passage thereof.

The report was concurred in, and the amendment adopted.

By unanimous consent of the House, the constitutional rule wa?
suspended, and the bill read the third time now.

The question being, shall the bill pass?

415

Those who voted in the affirmative tcere-

Messrs.

Abbett,

Anderson,

Baker,

Bird,

Beyerle,

Blocher,

Brogan,

Budd,

Barton,

Cason,

Collins,

Cook,

Davis,

DeBruler,

Donaldson,

Ferris,

Forrester,

Given,

Gregg,

Gregory,

Griffith, Lainb,

Hall, Lasselle,

Harden of W., Lemmon of H.,
Hardin of Perry, Lemmon of 8..

Hershey,

Hetfield,

Higgins,

Holcomb,

Howard,

Howell,

Howk,

Humphreys,

Hutchings,

James,

Johnson,

Jones,

Marshall,

McCanghey,

Miller,

Milroy,

Moorman,

Mustard,

Mutz,

Newman,

Noyes,

O'Brien of H.,

O'Brien of M.,

Osborn,

Kemp of Dubois, Packard,
Kemp of Vigo, Pendleton,
Kendrick, Perry,

Kilgore, Pettibone,

Lake, Priest,

Reitz,

Richardson,

Rij^pey,

Roberts,

Robinson,

Roe,

Ryan,

Shatter,

Shoalf of Allen,

Shoatf of Jay,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Williams,

V^olfe,

Woodruff,

Woollen, and

Mr. Speaker-82.

Mr. Hanna voting in the negative.

So the bill passed.

Ordered, That the Clerk inform the Senate of the passage
thereof.

By Mr. Anderson, from the same committee :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 133, entitled " an act to amend th'-
twentieth section of an act entitled 'an act to revise, simplify, and
abridge the rules, practice, pleadings, and forms in criminal action:!^
in the courts of this State, approved June 17, 1852, and to author-
ize prosecuting and district attorneys to administer oaths, and take
and certify affidavits in certain cases,'" to respectfully report that

416

they have had the same under consideration, and they herewith

return said bill to this House, and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same, from the same committee:

Mr. Speaker :

I am instructed by the majority of the Judiciary Committee, to
whom was referred House bill No. 84, entitled "an act entitled an
act to repeal Ihe eighteenth section of an act entitled 'an act regu-
lating descents, and the apportionment of estates,'" approved May
14, 1852, to respectfully report that tliey ha\e had the same under
consideration, and they are of the opinion that the passage thereof
is inexpedient ; they therefore recommend that said bill lie upon
the table.

By Mr. Packard, from the same committee :

Mr. Speaker : . ' .

The undersigned, as a minority from the Committee on the Ju-
diciary, to whom was referred House bill No. 84, entitled "an act
entitled an act to repeal the eighteenth section of an act entitled
^an act regulating descents, and the ap])ortionment of estates,' ''
approved May 14, 1852, would respectfully recommend that said
bill be passed.

Mr. Hardin of Perry moved the previous question, which was
ordered.

The question being on the adoption of the report of the minor-
ity it was not adopted.

The report of the majority of the committee was concurred in,
and the bill laid on the table.

By Mr. Kilgore, from the same committee :

Mr. Speaker:

1 am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 32, entitled " a bill to provide for the
oublication of notice of the pendency of suits as against defend-
ants whose residence is unknown," to respectfully report that they

417

have had the same under consideration, and they herewith return
the same to this House, and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed

By Mr. Packard, from the same committee :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 88, entitled " A bill to amend the fifth
section of an act entitled " An act to prevent the issuing and circu-
lation of unauthorized paper cm-rency, and prescribing ):)enalties for
the issuing, or failure to redeem any such currency, and to punish
the putting away of broken bank notes, or notes of banks which
have suspended specie payments," to respectfully report that they
have had the same under consideration, and they are of the opinion
that the passage thereof is inexpedient. They therefore recommend
that said bill lie upon the table.

The report was concurred in, and the bill laid on the table.

By Mr. Lasselle, from the same committee :
Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 126, entitled " An act to amend section
nine of an act entitled ' An act providing for the election and quali-
fication of Justices of the Peace and defining their jurisdiction,
powers and duties in civil cases,'" "approved June 9, 1852," to
respectlully report that they have had the same under consideration,
and tliey are of the opinion that the passage thereof is inexpedient ;
tiiey therefore recommend that said bill lie upon the table.

The report was concurred in, and the bill laid on the table.

By the same :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 86, entitled " An act to provide for
publishing notice of the pendency of a civil action as against per-
sons whose residence is unknown," to respectfully return the same
herewith, and they recommend that it lie upon the table, there
H. J.— 27

418

being now pending before this House Senate bill No. 32, embrac-
ing the same subject matter.

The report was concurred in, and the bill laid on the table.

By Mr. Burton, from the same committee : ' , ,

' 'i
Mr. Speaker : , , . •;

I am instructed by the Committee on the Judiciary, to whom
House bill No. 79 was recommitted, with instruction to attach a
penalty for the violation of the provisions thereof, the title to which
bill is as follows :

An act to prohibit Clerks of the Circuit and Courts of Common
Pleas, and their deputies, from practicing law in any of the courts
of which they are clerks ; to respectfully report that they have duly
considered the same, and they recommend that said bill be amend-
ed by striking out of the second section thereof, all after the word
f shall," in the eighth line of said section, and inserting, in lieu
thereof, the following, to wit : — " be fined in any sum not less than
ten, nor more than one hundred dollars,'' and when said bill is so
amended, they recommend the passage thereof.

The report of the committee was concurred in, and the amend-
ment therein recommended was adopted.

The bill was read the third time. \

Mr. Higgins moved to recommit the bill, with instructions to
the committee to provide that where no fee is charged, the clerk or
deputy shall be deemed guilty of no offence.

The motion was not agreed to.

The question then being, shall the bill pass ?
Those ivho voted in the affirmative ivere —

Messrs.

Harden of W., Lee,

Richardsonj

Abbett,

Harney, Leeds,

Roe,

Anderson,

Hetlield, Marshall,

Shaffer,

Baker,

Howard, McCaughey,

Shoafi'of Allen,

Bird,

Howell, Miller,

Shoaffof Jay,

Blocher,

Howk, Milroy,

Spencer,

Burton,

Humphries, Moorman,

Tarkington,

Collins,

Jones, Newman,

Veach,

Ferris,

Kemp of DuboiSjNiblack,

Wolfe,

Garvin,

Kilgore,

Gregory,

Lake,

Griffith,

Lamb,

Hanna,

Those ivho voted in L

Messrs.

Gregg,

Brogan,

Hall,

Budd,

Hardin of 1

Cason,

Hershey,

Cook,

Higgins,

Davis,

Holcomb,

De Bruler,

Hostetter,

Donaldson,

Hutchings,

Forrester,

James,

419

Noyes,

Woodruff,

O'Brien of H., Woollen, and
Packard, Mr. Speaker,-48.

Johnson, Perry,

Kendrick, Pettibone,

f, Lemmon of H., Priest,
Lemmon of S., Rippey,
Morgan, Robinson,

Mustard, Ryan,

Mutz, Stone, and

O'Brien of M., Williams— 34.
Osborne,

So the bill did not pass, for want of a constitutional majority.

The bill was laid upon the table, xinder the rule.

Mr. Miller moved to reconsider the vote by which a report of the
Committee on the Judiciary was concurred in, and House bill No.
88 was laid on the table.

Agreed to.

The question being on concurring in the report of the committee
thereon ;

It was again concurred in.

By Mr. Higgins, from the Committee on Corporations :

Mr. Speaker :

The Committee on Corporations, to whom was referred House
bill No. 32, entitled " An act to amend an act entitled an act to
repeal all general laws now in force for the incorporation of cities,
prescribe their powers and rights, and the manner in which they
shall exercise the same, and to regulate such other matters as pro-
perly pertain thereto," approved March 9, 1857, have had the same
under consideration, and direct me to report it back to the House,
and recommend that the bill be referred to the Committee on Fees
and Salaries.

The report was concurred in, and the bill was so referred.

420

By Mr. Garvin, from the same committee: ;: . :

Mr. Speaker: ,

The Committee on Corporations, to whom was referred joint
resolution No. 14, entitled "A joint resolution proposing an amend-
ment to the 23d section, article 4, of the Constitution, so as to
provide for laws enabling cities, townships, and towns, to raise
money for the support of common schools," have had the same un-
der consideration, and have directed me to report it back to this
House, and recommend its passage.

The report was concurred in and the bill ordered to be engrossed.

By the same : ^

Mr. Speaker : , . ■

The Committee on Corporations, to whom was referred the peti-
tion of Samuel Addison and others, relative to turnpike companies
and incorporated towns and cities, have directed me to report that
they have had the same under consideration, and report said peti-
tion back to this House and recommend that it be referred to the
Committee on Roads.

The report was concurred in, and the petition so referred.

By Mr. Ferris, chairman of the Committee on the Rights and
Privileges of the Inhabitants of this State :

Mr. Spi:aker :

The Committee on the Rights and Privileges of the Inhabitants
of this State, to whom was referred a petition from citizens of La-
porte county, praying for a change in the law authorizing the form-
ation of companies for the detection and apprehension of horse
thieves, &c., have had the same under consideration, and herewith
report a bill amending said law in compliance with said petition,
and recommend its passage.

House bill No. 186. An act to amend section one of an act to
authorize the formation of companies for the detection and appre-
hension of horse thieves, and other felons, and defining their pow-
ers, approved March 9, 1852.

The bill was read the fir.st time, and passed to a second reading.

421

On motion,
The House adjourned until 2 o'clock, P. M.

2 o'clock p. m.
House met.

The call for the reports of standing committees was continued,

Mr. Milroy, chairman of the Committee on Agriculture, pre-
sented the following report :

Mr. Speaker:

The Committee on Agriculture, to whom was referred a resolu-
tion instructing said committee to inquire into the practicability of
amending the law on the subject of licensing dogs, &c., so as to
render said law efficient for the protection of sheep, have had the
same under consideration, and instruct me to report it back, and
recommend that it be referred to the Committee on County and
Township Business.

The report was concurred in, and the bill so referred.

By Mr. Given, from the Committee on Engrossed Bills.

Mr. Speaker :

The Committee on Engrossed Bills have examined engrossed
bills Nos. 17, 23, 78, 81, 87, 97, 107, 112, 114, 117, 119, 120, 128,
129, 133, 139, and 145, and instructed me to report that they have
compared them with the originals, and find them correctly en-
grossed.

Mr. Donaldson moved a call of the House ;
Which was ordered.

Seventy-three members answered to their names.

Mr. O'Brien of Hamilton, obtained leave of absence on account
of sickness.

422

Mr. Holcomb obtained leave of absence until Tuesday, on ac-
count of sickness.

Mr. Van Buskirk obtained leave of absence until to-morrow.

The House received the following messages from the Senate, by
Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House, that the Sen-
ate has passed the following engrossed bill thereof, viz : * .

Senate bill No. 52. A bill to amend the 55th section of an act
entitled an act to amend an act to authorize and regulate the busi-
ness of general banking, passed March 3, 1855.

In which the concuiTcnce of the House is respectfully requested.

Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has passed the following engrossed bill of the House, viz : ,

No. 28. A bill to amend an act entitled an act to amend the 3d
section of an act entitled an act to provide for the protection of wild
game, defining in which the same may be taken or killed, and de-
claring the penalty for the violation of this act, approved Feb. 26,
1857 ; which latter act was approved March 9, 1861, with an en-
grossed amendment ;

In which the concuiTence of the House is respectftdly requested.

On motion of Mr. Hanna,
The House adjourned until to-morrow, at 9 o'clock, A. M.

FRIDAY, 9 o'clock, A. M.
February 13, 1863.

House met.

The .Journal was read and approved. '

423

PETITIONS, MEMORIALS AND REMONSTRANCES.

By Mr. Baker :

A memorial from citizens of Noble county, asking for proper leg-
islation allowing soldiers to vote.

Referred to the Committee on Elections.

By Mr. Garvin :

From citizens of Vanderburg county, asking an amendment of
the law authorizing the retailing of liquors.
Referred to the Committee on Temperance.

By Mr. Hall :

A petition of six hundred and fifty-seven citizens of Decatur
county, asking for a law enforcing the 13th article of the Constitu-
tion.

Referred to a select committee on that subject.

REPORTS OF STANDING COMMITTEES.

By Mr. Howk, Chairman of the Committee on the Judiciary :
Mr. Speaker : ; . :

I am directed by the Committee on the Judiciary, to whom was
referred Senate bill No. 26, entitled "An act to amend the twelfth
section of an act touching the relation of guardian and ward," ap-
proved June 9, 1852 ;

To respectfully report that they have had the same under consid-
eration, and they herewith return said bill to this House, and they
recommend the passage thereof.

The report was concurred in, and the bill ordered to a third read-
ing.

By Mr. Lasselle, of the same committee ; a majority repoi-t :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 123, entitled "An act to amend sections 47
and 49 of an act entitled an act defining misdemeanors, and pre-
scribing punishment therefor," approved June 14, 1852 ; "

424

To respectfully report that they have had the same under consid-
eration, .and they herewith return said bill to this House, and
recommend the passage thereof.

By Mr. Kilgore, the following minority report:

Mr. Speaker : -

The undersigned, as a minority of the Committee on the Judi-
ciary, to whom House bill No. 123 was referred, entitled "An act
to amend sections 47 and 49 of an act entitled an act defining
misdemeanors, and prescribing punishment therefor," approved June
14, 1852, would respectfully submit that further legislation on the
subject therein mentioned is inexpedient, and he would recommend
that said bill lie upon the table.

Mr. Packard moved the previous question,

Which was ordered. ; r

The question being, first, on the adoption of the minority report,
It was not adopted.

The question then being on concurring in the majority report,

Messrs. Miller and Packard demanded the ayes and noes.

Those ivho voted in the affirmative were —

Messrs.

Harden of W.,

McCaughey,

Roberts, • ,

Abbett,

Hetfield,

Miller,

Ryan,

Blocher,

Howard,

Milroy,

Shaffer,

Brown,

Howell,

Niblack,

Shoaff of Allen,

Burton,

Howk,

O'Brien of M.,

Shoaff of Jay,

Collins,

Humphreys,

Osborne,

Spencer,

Cook,

Kemp of Vigo,

Packard,

Tarkington,

De Bruler,

Lake,

Pendleton,

Veach,

Donaldson,

Lasselle,

Priest,

Waterman,

Ferris,

Lee,

Puett,

Williams

Garvin,

Lemmon of H.,

Reitz,

Wolfe,

Given,

Lemmon of S..

1 Richardson,

Woollen, and

Hall,

Mason,

Rippey,

Mr. Speaker -52.

Hanna,

425

Those who voted in the nesrative were-

Messrs.

Gregory,

Kendrick,

Noyes,

Anderson,

Griffith,

Lake,

O'Brien of H.,

Baker,

Hershey,

Lamb,

Perry,

Beyerle,

Higgins,

Leeds,

Pettibone,

Budd,

Hostetter,

Marshall,

Robinson,

Cason,

Hutchings,

Moorman,

Stone,

Davis,

James,

Morgan,

VanBuskirk.and

Forrester,

Johnson,

Mustard,

Woodruff,— 34.

Gregg,

Jones,

Newman,

So the report was concurred in, and the bill ordered to be engrossed.

Mr. Kemp of Dubois, obtained leave of absence on account of
sickness.

The House suspended the order of business and proceeded with
the orders of the day.

Senate bill No. 93. A bill to extend the time for the completion
of railroads in all cases in which two thousand dollars per mile has
been expended in their construction, and declaring at what time
the act shall take effect ;

Was read the second time, and referred to the Committee on
Corporations.

BILLS ON THEIR THIRD READING.

House bill No. 28. An act to amend an act entitled "An act to
amend the third section of an act entitled an act to provide for the
protection of wild game, defining the time in which the same may
be taken or killed, and declaring the penalty for the violation of this
act, approved February 26, 1857, which latter act was approved
March 9, 1861;"

Was read the third time.

The question being on concurring in the following amendment
of the Senate :

Senate amendment to House bill No. 28. Amend by striking out
of the amended section, February, and insert March, and on the
third page, first line, strike out the word February and insert March.

The amendment was concurred in.

426

Mr. Donaldson, by consent of the House, from a joint select
committee to apportion the State for Senators and Representatives,
presented the following report : ^

Mr. Speaker : , . '

The joint committee appointed to divide the State into Senator-
ial and Representative Districts have had the same under con-
sideration, and have directed me to report the following bill and
recommend its ])assage:

House bill No. 187. A bill to apportion Senators and Repre-
sentatives for the next six years.

Mr. Moorman moved that the constitutional rule be suspended,
and the bill read the first time by its title..
Upon which motion,

Those who voted in the affirmative were —

Messrs.

Gregory,

Lee,

Reitz,

Abbett,

Hanna,

Leeds,

Richardson,

Abdill,

Harden of W.,

Marshall,

Rippey,

Anderson,

Hetfield,

Mason,

Roberts,

Baker,

Higgins,

McCaughey,

Robinson,

Bird,

Hostetter,

Miller,

Ryan,

Biocher,

Howard,

Milroy,

Shaffer,

Brown,

Howell,

Moorman,

Shoaffof Allen,

Budd,

Howk,

Mustard,

Shoaff of Jay,

Burton,

Humphreys,

Niblack,

Spencer,

Cason,

James,

Noyes,

Stone,

Collins,

Johnson,

O'Brien of H.,

Tarkington,

Davis,

Jones,

O'Brien of M.,

Van Buskirk,

Donaldson,

Kemp of Vigo,

, Osborne,

Veach,

Ferris,

Kendrick,

Packard,

V^illiams,

Forrester,

Kilgore,

Pendleton,

Wolfe,

Garvin,

Lake,

Perry,

Woodruff,

Given,

Lamb,

Pettibone,

Woollen, and

Gregg,

Lasselle,

Puett,

Mr. Speaker-75.

Those who voted in the negative were —

Messrs.

Griffith,

Hutch in gs,

Morgan,

Beyerle,

Hall,

Lemmon of H.

, Newman, and

Cook,

Hershey,

Lemmon of S.,

Priest— 11.

427

So the Tule was suspended, and the bill read the first time by its
title.

Mr. Donaldson moved that the constitutional rule be further sus-
pended, and that the bill be read the second time now.
Upon which motion,

Those who voted in the affirmative tvere —

Messrs.

Hanna,

Marshal],

Richardson,

Abbett,

Harden of W.,

Mason,

Rippey,

Abdill,

Hershey,

McCaughey,

Roberts,

Baker,

Hetfield,

Miller,

Robinson,

Bird,

Higgins,

Milroy,

Ryan,

Beyeile,

Howell,

Moorman,

Shaffer,

Blocher,

Howk,

Mustard,

Shoaff of Allen,

Brown,

Humphreys,

Niblack,

Shoaff of Jay,

Budd,

Hutchings,

Noyes,

Spencer,

Burton,

Jones,

O'Brien of H.,

Tarkington,

Collins,

Kemp of Vigo,

, O'Brien of M.,

Van Buskirk,

Donaldson,

Lake,

Osborne,

Veach,

Ferris,

Lamb,

Packard,

Williams,

Given,

Lasselle,

Pendleton,

Wolfe,

Gregg,

Lee,

Perry,

Woodruff,

Gregory,

Leeds,

Priest,

Woollen, and

Griffith,

Lemmon of H.,

Puett,

Mr. Speaker-70-

Hall,

Lemmon of S.,

Reitz,

Those who voted in the nt

'.gative were —

Messrs.

Davis,

James,

Newman,

Anderson,

Forrester,

Kendrick,

Pettibone, and

Cason,

Hostetter,

Kilgore,

Stone— 14.

Cook,

Howard,

Morgan,

So the rule was further suspended, and the bill read the second
time.

On motion of Mr. Brown,
The bill was laid on the table, and three hundred copies ordered
to be printed for the use of the House.

House bill No. 17. An act to confirm and make valid sales of
land made by trustees and foreign executors ;

428

"Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative ivere-

Messrs.

Gregory,

Lemmon of H.,

Priest,

Abbett,

Griffith,

Lemmon of S.,

Puett,

Abdill,

Hall,

Marshall,

Reitz,

Anderson,

Hanna,

Mason,

Richardson,

Baker,

Hershey,

McCaughey,

Rippey,

Beyerle,

Hetfield,

Miller,

Roberts,

Blocher,

Higgins,

Milroy,

Robinson,

Brown,

Hostetter,

Moorman,

Ryan,

Budd,

Howard,

Morgan,

Shoaff of Allen,

Burton,

Howell,

Mustard,

ShoafF of Jay,

Cason,

Howk,

Niblack,

Spencer,

Collins,

Humphreys,

Noyes,

Stone,

Cook,

James,

O'Brien of H.,

Tarkington,

Davis,

Jones,

O'Brien of M.,

Van Buskirk,

DeBruler,

Kemp of Vigo,

Osborne,

Veach,

Ferris,

Lake,

Packard,

Williams,

Forrester,

Lamb,

Pendleton,

Wolfe,

Garvin,

Lasselle,

Perry,

Woodruff, and

Given,

Lee,

Pettibone,

• Woollen— 76.

Those who voted in the negative were —

Messrs. Gregg, Kendrick, Mr. Speaker-7.

Donaldson, Hutchings, Newman, and

So the bill passed.

House bill No. 23. An act to fix the succession of title of real
estate held by county and district agricultural societies ;
Was read the third time.

The question being, shall the bill pass ?

Those who voted in the affirmative were —

Messrs.
Abdill,
Anderson,

Griffith,

Hall,

Hanna,

Lasselle,

Lee,

Leeds,

PeiTy,

Pettibone,

Priest,

429

Baker,

Harden of W.,

Lemmon of H.

, Pnett,

Beyerle,

Hershey,

Lemmon of S.,

Reitz,

Blocher,

Hetfield,

Marshall,

Richardson,

Brown,

Higgins,

Mason,

Rippey,

Budd,

Hostetter»

Miller,

Roberts,

Burton,

Howard,

Milroy,

Robinson,

Cason,

Howell,

Moorman,

Ryan,

Collins,

Howk,

Morgan,

Shaffer,

Cook,

Humphreys,

Mustard,

Shoaff' of Allen,

Davis,

Hutchings,

Newman,

Spencer,

DeBruler,

James,

Niblack,

Stone,

Donaldson,

Johnson,

Noyes,

Tarkington,

Ferris,

Jones,

O'Brien of H.,

Veach,

Forrester,

Kemp of Vigo,

O'Brien of M.,

Wolfe,

Garvin,

Kendrick,

Osborn,

Woodruff,

Given,

Lake,

Packard,

Woollen, and

Gregg,

Lamb,

Pendleton,

Mr. Speal:er-82.

Gregory,

Those who voted in the negative vjere —
■■ None. • .

So the bill passed.

House bill No. 78. A bill to enable persons other than corpora-
tions, to reclaim wet lands when the same can not be done without
affecting the lands of others;

Was read the third time.

The question being, shall the bill pass ?

Those loho voted in the affirmative were —

Messrs.

Given,

Lake,

Puett,

Abbett,

Gregory,

Lasselle,

Richardson,

Abdill,

Griffith,

Lee,

Rippey,

Baker,

Hanna,

Leeds,

Roberts,

Beyerle,

Hershey,

Ijemmon

of H.;

, Robinson,

Blocher,

Hetfield,

Lemmon

of S.,

Ryan,

Budd,

Hostetter,

Marshall,

Shaffer,

Burton,

Howard,

Mason,

Shoaff of Allen,

Cason,

Howell,

McCaughey,

Shoaff of Jay,

430

Colllins,

Hutchings,

Miller,

Spencer, ,''!!

Cook,

James,

Milroy,

Stone, •>.!■!

DeBruler,

Johnson,

Moorman,

Tarkington,

Donaldson,

Jones,

Mustard,

Veach, and

Ferris,

Kemp of Vigo,

Osborne,

Mr. Speaker-58,

Forrester,

Kendrick,

Perry,

Those

loho voted in the ne

gative tvere —

Messrs.

Higgins,

Niblack,

Reitz,

Anderson,

Howk,

Noyes,

Van Buskirk,

Davis,

Humphreys,

O'Brien of M.,

Williams,

Garvin,

Lamb,

Packard,

Wolfe,

Given,

Morgan,

Pendleton,

Wooruff, and

Hall,

Newman,

Pettijjone,

Woollen— 23.

So the bill passed.

House bill No. 81. An act to amend the first section of an act
entitled an act to organize a Supreme Court, and prescribing cer-
tain duties of the judges thereof, approved May 13, 1852, and to
district the State for the purpose of electing five judges of the Su-
preme Court ;

Was read the third time.

The question being, shall the bill pass? ", .

Those who voted in the affirmative were —

Messrs.

Hanna, Milroy,

Roberts,

Brown,

Harden of W., Mustard,

Shaffer,

Burton,

Lamb, Niblack,

Shoaffof Jay,

Ferris,

Lasselle, O'Brien of H.,

Spencer,

Forrester,

Lee, Packard,

Veach,

Garvin,

Lemmon of S., Pendleton,

Woollen,

Gregory,

McCaughey, Reitz,

Mr. Speaker-29

Hall,

Miller,

Those loho voted in the negative were —

Messrs.

Given, Kemp of Vigo,

Pettibone,

Abbett,

Gregg, Kendrick,

Priest, ^

AbdiU,

Griffith, Kilgore,

Puett,

Anderson,

Hershey, Lake,

Richardson,

431

Baker,

Hetfield,

Leeds,

Rippey,

Beyerle,

Higgins,

Lemmon of

, Robinson,

Blocher,

Hostetter,

Marshall,

Ryan,

Budd,

Howard,

Mason,

Shoaff of Allen,

Cason,

Howell,

Moorman,

Stone,

Collins,

Howk,

Morgan,

Tarkington,

Cook,

Humphreys,

Noyes,

Van Buskirk,

Davis,

James,

O'Brien of

M.,

Williams,

De Bruler,

Johnson,

Osborn,

Wolfe, and

Donaldson,

Jones,

Perry,

Woodruff — 55.

So the bill did not pass.

Messrs. Cook and Gregory obtained leave of absence until Mon-
day noon.

Messrs. Davis, Collins, and Forrester, obtained leave of absence
until Tuesday morning.

Mr. Given, by the consent of the House, introduced

House Bill No. 188, An act to amend the section of an act en-
titled an act to provide a treasury system for the State of Indiana,
for the manner of receiving, holding, and disbursing the public
moneys of the State, and for the safe keeping of public moneys,
which act becomes a law March 1, 1859.

Which was read the first time.

Mr. Given moved that the constitutional rule be suspended, and
the bill be read the second time now.
Upon which motion.

Those ivho voted in the affirmative were — • . '

Messrs.

♦Gregory,

Lasselle,

Perry,

Abbett,

Griffith,

Leeds,

Priest,

AbdiU,

Hall,

Lemmon of S..

; Puett,

Anderson,

Harden of W.,

Marshall,

Rippey,

Baker,

Hershey,

Mason.

Roberts,

Beyerle,

Hetfield,

McCaughey,

Robinson.

Blocher,

Higgins,

Miller, ^

Ryan,

Budd,

Hostetter,

Milroy,

Shoaff of Allen,

Burton,

Howard,

Moorman,

Shoaff of Jay,

432

Cason,

Humphreys,

Morgan,

Spencer,

Collins,

Hutchings,

Mustard,

Stone, • "

Cook,

James,

Newman,

Tarkiiigton,

Davis,

Johnson,

Niblack,

Van Buskirk,

DeBruler,

Jones,

Noyes,

Veach,

Ferris,

Kemp of Vigo,

O'Brien of H.,

Williams,

Forrester,

Kendrick,

O'Brien of M.,

Wolfe,

Garvin,

Kilgore,

Osborne,

Woodruff,

Given,

Lake,

Packard,

Woollen, and

Gregg,

Lamb,

Pendleton,

Mr. Speaker-75.

Those ivho voted in the nes'ative loere —

Messrs. Howell, Lee, Richardson, and

Donaldson, Howk, Lemmon of H., Shaffer — 7.

So the rule was suspended, the bill read a second time, and re-
ferred to the Committee of Ways and Means.

Mr. Roberts, by consent of the House, made the following ma-
jority report from a select committee :

Mr. Speaker: .,

The select committee to whom was referred Senate bill jVo. 15,
"An act authorizing railroad companies to make extensions or
branches, in cetain cases, and to take stock in railroad bridges,"
have had the same under consideration, and have instructed me to
report the same back to the House, and recommend its passage.

Mr. Howard, from the same committee, made the following mi-
nority report :

Mr. Speaker :

The undersigned a minority of the select corrtmittee, to whom
was referred Senate bill No 15, being a bill to authorize railroads to
make extensions, or branches, in certain cases, and to take stock in
railroad bridges, beg leave to make the following report in reference
thereto :

We do not concur with the majority of said committee in recom-
mending the passage of said bill, but recommend that the first sec-
tion thereof be amended by adding the following provisions thereto,
to-wit :

433

1st. Provided^ That said railroad bridge, at the terminus of said
road, shall be so constructed as to pass vehicles, footmen, and
for all general purposes.

2d. Provided, further, That no branch or extension of said rail-
road shall be made through any incorporated city without first ob-
tainins: the consent of the Common Council thereof.

Mr. Howard moved that the bill and the majority and minority
reports be referred to the Committee on the Judiciary.
Aafreed to. ■.[:;•

The House adjourned until two o'clock, P. M.

2 o'clock, p. m.

The House met.

House bill No. 87. A bill defining what shall constitute an
assault, and prescribing the punishment therefor;
Was read the third time.

On the question of the passage of the bill,

Tliose who voted in the affirmative were —

Messrs.

Hall,

Lemmon of H.

Priest,

Abbett,

Harden of W.,

Lemmon of S.

Puett, ., ,..

Abdill,

Hershey,

Marshall,

Richardson,

Anderson,

Hetfield,

Mason,

Roberts,

Baker,

Higgins,

McCaughey,

Robinson,

Beyerle,

Hostetter,

Miller,

Ryan,

Bran ham.

Howard,

Milroy,

Shoaff of Allen,

Brogan,

Howell,

Moorman,

ShoafF of Jay,

Brown,

Howk,

Morgan,

Spencer,

Burton,

Humphreys,

Mustard,

Stone,

Cook,

James, ,

Newman,

Tarkington,

Davis,

Jones,

Ni black,

Van Buskirk,

Donaldson,

Kemp of Vigo,

Noyes,

Veach,

H. J.-

-28

434

Ferris, Kendrick,

O'Brien of H,

,, Waterman, -L.

Forrester, Kilgore,

Osborn,

Williams, ''-(i

Given, Lake,

Pendleton,

Wolfe,

Gregg, Lasselle,

Perry,

Woodruff, and

Gregory, Leeds,

Pettibone,

Mr. Speaker-73.

Griffith,

None voting in the negative.

» .

So the bill passed.

- .'

Mr. Roberts, by consent of the House, ofTered the following reso-
lution :

Resolved, That the use of this Hall be tendered to the honorable
Henry Walker, for Tuesday evening next, for the purpose of deliv-
ering an address upon the present state of the country.

Adopted.

Mr. Priest, by consent of the House, offered the following reso-
lution.

Which was laid over until to-morrow :

Resolved, That during the remainder of the present session of
the General Assembly, no member of this House shall be permitted
to speak more than ten minutes on any proposition pending, nor
more than twice on the same proposition, without the unanimous
consent of the House.

House bill No. 97. An act to repeal an act to establish courts of
conciliation, to prescribe rules and proceedings therein, and com-
pensation of Judges thereof;

Was read the third time.

The question being shall the bill pass ?

Those who voted in the affirmative were — ' ; .

Messrs. Harden of W., Lemmon of S., Priest,

Abbett, Hershey, Marshall, Puett,

Abdill, Hetfield, Mason, Richardson,

Anderson, Higgins, McCaughey, Rippey,

Baker, Hostetter, Miller, Roberts,

Beyerle, ' Howard, Milroy, Ryan,

435

Brogan,

Howell,

Morgan,

ShoafF of Allen,

Brown,

Howk,

Mustard,

ShoafF of Jay,

Burton,

Humphreys,

Newman,

Spencer,

Collins,

Kemp of Vigo,

Niblack,

Tarkington,

Ferris,

Kendrick,

Noyes,

Van Buskirk,

Forrester,

Kilgore,

O'Brien of H.,

Veach,

Garvin,

Lake,

O'Brien of M.,

Williams,

Given,

Lamb,

Packard,

Wolfe,

Gregg,

Lee,

Perry,

Woodruff", and

Gregory,

Lemmon of H.,

, Pettibone,

Mr. Speaker-64,

Hall,

TJiose vjho voted in the nes:ative were —

Messrs.

Donaldson,

Jones,

Pendleton,

Branham,

Griffith,

Lasselle,

Robinson,

Cook,
Davis,
DeBruler,

Harney,

James,

Johnson,

Leeds,

Moorman,

Osborn,

Stone, and
Waterman-

-18,

So the bill passed.

House bill No. 139. An act to raise a revenue for State purposes
for the years 1863 and 1864 ;
Was read the third time.

The question being, shall the bill pass ?

Those ivho voted in the affirmative were —

Messrs.

Griffith,

Leeds,

Priest,

Abbett,

Hall,

Lemmon of H.,

, Puett,

AbdiU,

Harden of W.,

Lemmon of S.,

Reitz,

Anderson,

Harney,

Marshall,

Richardson,

Baker,

Hershey,

Mason,

Rippey,

Beyerle,

Hetfield,

McCaughey,

Roberts,

Branham,

Higgins,

Miller,

Robinson,

Brogan,

Hostetter,

Milroy,

Ryan,

Brown,

Howard,

Moorman,

Shaffer,

Burton,

Howell,

Morgan,

Shoaff'of AUen,

Cason,

Howk,

Mustard,

Shoaff" of Jay,

Collins,

Humphreys,

Newman,

Spencer,

436

Cook,

James,

Niblack,

Stone, > •'-

Davis,

Johnson,

Noyes,

Tarkington, • ■

DeBruler,

Jones,

O'Brien of H.,

Van Busldrk,

Donaldson,

Kemp of Vigo,

O'Brien of M.,

Veach,

Ferris,

Kendrick,

O shorn.

Waterman, /•

Forrester,

Kilgore,

Packard,

Williams,

Garvin,

Lake,

Pendleton,

Woodruff,

Given,

Lamb,

Perry,

Woollen, and

Gregg,

Lasselle,

Pettibone,

jVIr. Speaker-85.

Gregory,

Lee,

None voting in the negative.

So the bill passed. -

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker: . .

I am directed to inform the House that the President of the
Senate has signed enrolled House bill No. 28, an act to amend an
act entitled " an act to amend the third section of an act entitled
'an act to provide for the protection of wild game, defining the
time in which the same may be taken or killed, and declaring the
penalty for the violation of this act,'" approved February 26, 1857,
which latter act was approved March 9, 186L

House bill No. 107. An act for the relief of Nineveh Berry;
Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were — . ...

Messrs.

^^•"egg,

Lake,

Puett, ■ '-

Abbett,

Gregory,

Lamb,

Reitz,

AbdiU,

Griffith,

Lasselle,

Richardson,

Anderson,

Hall,

Lee,

Rippey,

Baker,

Harden of W.,

Lemmon of S.,

Roberts,

Beyerle,

Harney,

Marshal],

Ryan,

Brogan,

Hetfield,

Mason,

Shoaff of Allen,

Brown,

Higgins,

McCaughey,

Shoaffof Jay,

Budd,

Hostetter,

Milroy,

Spencer,

Burton,

Howard,

Mustard,

Stone,

437

Cason,

DeBruler,

Donaldson,

Ferris,

Forrester,

Garvin,

Given,

Howell,

Howk,

Humphreys,

James,

Jones,

Kemp of Vigo,

Kilgore,

Newman,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Perrv,

Van Buskirk,
Veach,

Waterman, '
Williams,
Wolfe,

Woollen, and
Mr. Speaker-68.

Those ivho voted in the nesrative loere-

Messrs.

Hershey,

Moorman,

Priest,

Branhain,

Johnson,

Morgan,

Robinson,

Collins,

Kendriek,

Noyes,

Tarkington, and

Cook,

Leeds,

Petti bone,

Woodruff— 18.

Davis,

Lemmon

of H.,

So the bill passed.

House bill No. 114. A bill requiring recorders to certify their
records of deeds, mortgages, and other instruments admissible to
record ;

Was read the third time.

The question being, shall the bill pass ?

Those icho voted in the affirmative were —

Messrs.

Gregg,

Lasselle,

Pettibone,

Abbett,

Gregory,

Lee,

Priest,

Abdill,

Griffith,

Leeds,

Puett,

Anderson,

Hall,

Lemmon of H..

, Reitz,

Baker,

Harden of W.,

Lemmon of S.,

Richardson,

Beyerle,

Hershey,

Marshall,

Rippey,

Brogan,

Hetfield,

Mason,

Roberts, ' '

Brown,

Higgins,

McCaughey,

Robinson,

Budd,

Hostetter,

Miller,

Ryan,

Burton,

Howard,

Milroy,

Shaffer,

Cason,

Howell,

Mustard,

Shoaffof Allen,

Collins,

Howk,

Newman,

Shoaff of Jay,

Cook,

Humphreys,

Niblack,

Spencer,

Davis,

James,

Noyes,

Stone,

De Bruler,

Johnson,

O'Brien of H.,

Tarkington,

Donaldson,

Jones,

O'Brien of M.,

Van Buskirk,

Veach, := ' i'^
Williams,
Woodruff and
Mr. Speaker-79.

438

Ferris, , ' Kemp of Vigo, Osborne,

Forrester, Kendrick, Packard,

Grarvin, Kilgore, Pendleton,

Given, Lamb, Perry,

Those ivho voted in the negative were-
Messrs. Morgan and Woollen — 2.
So the bill passed.

House bill No. 112. An act to amend section 119 of an act en-
titled " An act to provide for the valuation and assessment of real
and personal property, and the collection of taxes in the State of
Indiana, for the election of township assessors, and prescribing the
duties of Assessors and Appraisers of Real Property, County
Treasurers, Atiditors, and of the Treasurer and Auditor of State,"
approved June 21, 1852 ;

Was read the third time. , .

Mr. Lamb moved to recommit the bill to the Committee on Fees
and Salaries, with instructions to amend the bill by providing for
the repeal of section 119 of the act sought to be amended by the
bill. ■ . .

Agreed to.

The Speaker laid before the House, a communication from
Jacob Vandegrift, proposing to lease the Northern State Prison.
Referred to the Committee on the State Prison North.

House bill No. 116. A bill to amend section seven of an act to
provide for the election of a reporter, and a speedy publication of
the decisions of the supreme court, and for the compensation of
such reporter, approved February 5, 1852 ;

Was read the third time.

The question being, shall the bill pass?
■ • Those who voted in the affirmative ivere —

Messrs.

Harden of W.,

Lemmon of S.,

Robinson,

Abbett,

Howk,

Marshall,

Ryan,

Anderson,

Lamb,

Miller,

Shaffer,

Beyerle,

Lasselle,

Milroy,

Tarkington,

439

Budd,

Lee,

Puett,

Woollen, and

Burton,

Leeds,

Richardson,

Mr. Speaker-26

Forrester,

Lemmon of H.

, Rippey,

■ . Those loho voted in the negative were —

• ..'■«■■

Messrs.

Gregory,

Kemp of Vigo,

Perry, "'''■

Abdill,

Griffith,

Lake,

Pettibone,

Baker,

Hall,

Mason,

Priest,

Bloc her.

Hershey,

McCaughey,

Reitz,

Brogan,

Hetfield,

Moorman,

Roberts,

Brown,

Higgins,

Morgan,

Shoaff of Allen,

Collins,

Hostetter,

Mustard,

Shoaff of Jay,

Cook,

Howard,

Newman,

Spencer,

Davis,

Howell,

Niblack,

Stone,

De Bruler,

Humphreys,

O'Brien of H.,

Veach,

Donaldson,

Hutchings,

O'Brien of M.,

Williams,

Garvin,

James,

Osborne,

Wolfe and

Given,

Johnson

Packard,

Woodruff— 54.

Gregg,

Jones,

Pendleton,

So the bill did not pass.

Mr. O'Brien of Hamilton, moved to reconsider the vote just taken
on the passage of bill No. 116.
Agreed to.

Mr. Niblack moved to recommit the bill to the Committee on the
Judiciary, with instructions to inquire concerning the increased
cost of publishing the reports of the decisions of the supreme court,
owing to the rise of paper, &c. .

Agreed to.

Messrs. Shoaff of Jay, and Bird obtained leave of absence until
Tuesday.

The Committees on the State Prisons, North and South, ob-
tained leave of absence until Tuesday morning.

A message from the Governor, by Mr. HoUoway, his private

Secretary.

Mr. Speaker:

I am directed, by the Governor, to inform the House that he has

440

signed and approved House bill No. 28. An act to amend an act
entitled an act to amend the third section of an act entitled an act
to provide for the protection of wild game, defining the time in
which the same may be taken or killed, and declaring the penalty
for the violation of this act, approved February 26, 1857, which
latter act was approved March 9, 1881, and has caused a copy of
the same to be filed in the office of the Secretary of State.

Mr. Lasselle, from the Committee on Engrossed Bills, made the
following report :

Mr. Speaker:

The Committee on Engrossed Bills have carefully compared en-
grossed House bill No. 116, with the original bill, and find that the
same has, in all respects, been accurately and correctly engrossed.

CHARLES B. LASSELLE, Chairman.

Mr. WoodrufT, by consent of the House, offered the following re-
solution :

Resolved, That when this House adjourns, it adjourns until
Monday at 2 o'clock, P. M..
Adopted.

Messrs. Kilgore and Priest, of the Committees on the State
Prisons, having declined to visit the State Prison South, Messrs.
Donaldson and Miller were appointed in their places, for the purposes
of said visit.

House bill No. 117. An act to authorize the transfer of the Con-
gressional township school funds which accrued from the sales of
school lands within the terrify now forming the county of Newton,
to the said county, from the county of Jasper ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were — ,

Messrs. Griffith, Lee, Puett,

Abbett, Hall, Leeds, Reitz,

Abdill, Hardin of W., Lemmon of H., Richardson,

Anderson, Hershey, Lemmon of S., Rippey,

441

Beyerle,

Hetfield,

Marshall,

Roberts,

Blocher,

Higgins,

Mason,

Robinson,

Brogan,

Hostetter,

Miller,

Ryan,

Budd,

Howard,

Milroy,

Shaffer,

Burton,

Howell,

Moorman,

Shoaff of Allen,

Collins,

Howk,

Morgan,

Spencer,

Cook,

Humphreys,

Mustard,

Stone,

Davis,

James,

Newman,

Tarkington,

DeBrnler,

Johnson,

O'Brien of M.,

Veach,

Ferris,

Jones,

Osborne,

Williams,

Forrester,

Kemp of Vigo,

Packard,

Wolfe,

Garvin,

Kilgore,

Perry,

Woodruff,

Given,

Lamb,

Pettibone,

Woollen, and

Gregory,

Lasselle,

Priest,

Mr. Speaker-70

Those who voted in the negative were-
Messrs. Donaldson, Gregg, and

So the bill passed.

Hutchins:s — 3.

Mr. Wolfe, Chairman of the Committee on Enrolled Bills, sub-
mitted the following report :

Mr. Speaker:

The Committee on Enrolled Bills respectfully report that they
have carefully compared enrolled House bill No. 2S, with the en-
grossed copy thereof, and find that the same is, in all respects, cor-
rectly enrolled. Also, that the same was by them presented to the
Governor for his approval, this 13th day of February, at 3 o'clock,
P. M.

House bill No. 119. An act to amend the 21st section of an act
entitled "An act to fix the time of holding the Common Pleas
Courts in the several counties of this State, the duration of the
terms thereof, and making all process from the present Common
Pleas Courts returnable to such terms, and declaring when this act
shall take effect, and repealing all laws inconsistent therewith, ap-
proved March 5th, 1859, and providing for the return of process to
the terms fixed by this act, and declaring when this act shall take
effect ; ■

Was read the third time.

442

The question being, shall the bill pass ?

Those ivho voted in the affirmative ivere —

Messrs.

Griffith,

Leeds,

Priest, :. r

Abbett,

Hall,

Lemmon of H.,

, Puett,

Abdill,

Harden of W.,

Lemmon of S.,

Reitz, '.'\

Baker,

Hershey,

Marshall,

Richardson,

Beyerle,

Hettield,

Mason,

Rippey,

Blocher,

Higgins,

McCaughey,

Roberts,

Budd,

Hostetter,

Miller,

Robinson,

Burton,

Howard,

Milroy,

Ryan,

Collins,

Howell,

Moorman,

ShatTer,

Cook,

Howk,

Morgan,

Shoaff of Allen,

Davis,

Humphreys,

Mustard,

Spencer,

DeBruler,

James,

Newman,

Stone,

Donaldson,

Johnson,

Niblack,

Tarkington,

Ferris,

Jones,

Noyes,

Veach,

Forrester,

Kemp of Duboi

s,0'Brien of H.,

Williams,

Garvin,

Kemp of Vigo,

Osborn,

Wolfe,

Given,

Lake,

Packard,

Woodruff,

Gregg,

Lamb,

Perry,

Woollen, and

Gregory,

Lasselle,

Pettibone,

Mr. Speaker-75.

Those who voted in the negative were none.
So the bill passed.

House bill No. 120. An act to amend section 11 of an act enti-
tled "An act providing for the election, and prescribing certain du-
ties of County Surveyors," approved June 17, 1852; . • .

Was read the third time.

Mr. Lasselle offered the following amendment to the second sec-
tion.

Which was unanimously adopted : ■

Insert in the proper place, "and when so acknowledged, said in-
strument shall be entitled to be recorded."

Mr. Niblack moved to recommit the bill to the Committee on
County and Township Business, with instructions to inquire
* whether the bill conflicts with any other law on the subject of the
acknowledgment of deeds, &c.

443

The motion was agreed to, and the bill recommitted.

Mr. Niblack offered the following resolution, which was adopted :
♦

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of providing bylaw that the docket and
other books and stationery, iTsed by Justices of the Peace in the dis-
cliarge of their offici;il duties, be furnished at the expense ol the
counties in which such Justice of the Peace shall be respectively
elected, and to re|)ort by bill or otherwise.

House bill No. 128. An act authorizing recorders to demand
their fees in advance, and repealing all laws inconsistent there-
with ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Harden of W.,

Lemmon of S.,

, Reitz,

Abbett,

Hershey,

Marshall,

Richardson,

AbdiU,

Hetfield,

Mason,

Rippey,

Baker,

Higgins,

McCaughey,

Roberts,

Beyerle,

Hostetter,

Miller,

Robinson,

Budd,

Howard,

Milroy,

Ryan,

Burton,

Howell,

Moorman,

Shaffer,

Collins,

Howk,

Morgan,

Shoaff of Allen,

Cook,

Humphreys,

Mustard,

Shoafi" of Jay,

Davis,

Hutchings,

Niblack,

Spencer,

DeBruler,

James,

Noyes,

Stone,

Donaldson,

Jones,

O'Brien of H.,

Tarkington,

Forrester,

Kemp of Vigo,

O'Brien of M.,

Veach,

Garvin,

Kilgore,

Osborne,

Williams,

Given,

Lake,

Packard,

Wolfe,

Gregg,

Lamb,

Perry,

Woodruflf',

Greggory,

Lasselle,

Pettibone,

Woollen, and

Griffith,

Leeds,

Pnett,

Mr. Speaker-73.

Hall,

Lemmon of H.

)

Those who voted in the negative were-
Messrs. Blocher, Ferris, and Johnson — 3.

• 44i

So the bill passed.

House bill No. 129. An act to provide that the laws of this
State, regulating the salaries of oflicers, shall not be so construed
as to permit the public officers thereof to receive their salaries in
advance, and to repeal all laws coming in conflict with this act;

Was read the third time.

The question being, shall the bill pass? '"' '

Those icho voted in the affirmative icere — ' ' : ^ .

Messrs,

Hersliey,

Marshall,

Richardson,

Abbett,

Hetfield,

Mason,

Rippey,

Abdill,

Higgins,

McCaughey,

Roberts,

Baker,

Hostetter,

Miller,

Robinson,

Beyerle,

Howard,

Moorman,

Ryan,

Blocher,

Howell,

Morgan,

Shaffer,

Collins,

Howk,

Mustard,

Shoaff" of Allen,

Davis,

Humphreys,

Niblack,

Shoaft" of Jay,

DeBruler,

Johnson,

TS'oyes,

Spencer,

Donaldson,

Jones,

O'Brien of H.,

Stone,

Ferris,

Kemp of Vigo,

O'Brien of M.,

Tarkington,

Forrester,

Kilgore,

Osborn,

Veach,

Garvin,

Lamb,

Packard,

Williams,

Given,

Lasselle,

Perry,

Wolf, ^,

Griffith,

Leeds,

Pettibone,

Woodruff", \.

Hall,

Lemmon of H.,

Puett,

Woollen, and

Harden of W., Lemmon of S.,

Reitz,

Mr. Speaker-68.

Harney,

Those

who voted in the negative were —

Messrs. Gregg, Hutchings, James, and Milroy-

—4. • •

So the bill passed.

The Speaker announced the following committee to inquire into
the expediency of re-organizing the Judicial Circuits, and Districts

of the State, viz : , .

Mr. Howk, 2d district, (chairman).

Mr, Lamb, 1st district.

Mr. Given, 3d district.

Mr. Perry, 4th district.

Mr. Woollen, 5th district. ' , . '>'

445

Mr. "Humphreys, 6ih disdict. . ^

Mr. Lake, 7th district.
Mr. Cason, 8th district.
Mr. Packard, 9th district.
Mr. Griffith, 10th district.
Mr. Lasselle, 11th district.
Mr. Mustard, 12th district.
- Mr. Moorman, 13th district.
Mr. Garvin, 15th district.

Mr. Mason, by consent of the House, offered the following reso-
lution :

Resolved, That whereas, the State Librarian and two employees
are attending to the Stationery department of this House, that the
same amount of postage stamps be allowed each of thcin as have
been allowed to the clerks and deputy clerks of this House, and that
the doorkeeper be instructed to present said persons with said
amount of postage stamps.

The resolution was not adopted.

House bill No. 133. An act to amend the 20rh section of an
act entitled "An act to revise, simplify, and abridge the rules, prac-
tice, pleadings, and forms, in criminal actions in the courts of this
State," approved June 17, 1852, and to authorize prosecuting and
district attorneys to administer oaths, and take and certify affida-
vits in certain cases;

Was read the third time.

The question being, shall the bill pass ? •

Those ivho voted in the afflnnative ivere —

Messrs.

Harden of W.,

Lee,

Puett,

Abbett,

Harney,

Leeds,

Reitz,

Baker,

Hershey,

Lemmon of H.,

Richardson,

Eeyerle,

Hettield,

Lemmon of S.,

Rippey,

Blocher,

Higgins,

Mason,

Roberts,

Budd,

Hostetter,

McCaughey,

Robinson,

Burton,

Howard,

Miller,

Shaffer,

Cook,

Howell,

Milroy,

Shoafi' of Allen,

Davis,

Howk,

Moorman,

Shoaffof Jay,

446

DeBruler,

Humphreys,

Niblack,

Spencer, '•' ■>

Donaldson,

Hutchings,

Noyes,

Stone,

Ferris,

James,

O'Brien of H.,

Tarkington,

Forrester,

Johnson,

O'Brien of M.,

Veach,

Garvin,

Jones,

Osborn,

Williams,

Given,

Kemp of Vigo,

Packard,

Wolfe,

Gregg,

Lamb,

Perry,

Woollen, and

Griffith,

Lasselle,

Pettibone,

Mr. Speaker-69.

Hall,

Those who voted in the negative were —

Messrs. Collins and Woodruff — 2.

So the bill passed.

House bill No. 145. A bill for the relief of George Arnold;
Was read, the third time.

The question being, shall the bill pass ?

Those ivho voted in the affirmative ivere —

Messrs.

Harden of W.,

Leeds,

Puett,

Abbett,

Harney,

Lemmon of H.

, Reitz,

Abdill,

Hershey,

Lemmon of S..

, Richardson,

Baker,

Hetfield,

Marshall,

Rippey,

Beyerle,

Higgins,

Mason,

Roberts,

Blocher,

Hostetter,

McCaughey,

Shaffer,

Budd,

Howard,

Miller,

Shoaff of Allen,

Burton,

HoweU,

Milroy,

Shoaff of Jay,

Collins,

Howk,

Moorman,

Spencer,

Cook,

Humphreys,

Morgan,

Stone,

Davis,

Hutchings,

Newman,

Tarkington,

DeBruler,

James,

Niblack,

Veach,

Ferris,

Johnson,

Noyes,

Williams,

Forrester,

Jones

O'Brien of H.,

Wolfe,

Garvin,

Kemp of Vigo,

Osbojn,

Woodruff,

Gregg,

Lamb,

Packard,

Woollen, and

Griffith,

Lasselle,

Perry,

Mr. Speaker-70.

HaU,

Lee,

Pettibone,

447
Those who voted in the negative were — . - .

Messrs. Donaldson, Given, and Robinson — 3.
So the bill passed.
The House adjourned until Monday next at 2 o'clock, P. M.

MONDAY, 2 o'clock, P. M., \
Febuarry 16, 1863. \

The House met.

The Speaker being temporarily absent, Mr. Harney was called
to the Chair.

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Roberts :

A memorial from R. S. Brown, in reference to increasing the
salary of, and giving extra allow^ance to the State Librarian.
Referred to the Committee on Fees and Salaries.

By Mr. Given :

A memorial in reference to a law for the collection of debts.
Referred to the Committee on the Judiciary.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker : '

I am directed by the President of the Senate to inform the House
that the Senate has passed the following engrossed bill, to-wit:

Senate bill No. 38. A bill authorizing the sale of canals, author-
izing the purchaser or purchasers and his or their assigns, to organ-

448

ize companies, and fixing the power of such companies, and except-
ing certain canals from the provisions of this act;

In which the concurrence of the House is respectfuUy requested.

REPORTS FROM STANDING COMMITTf:ES.

By Mr. Howk, chairman of the Committee on the Judiciary:

Mr. Speaker :

The Judiciary Committee, to whom was referred the memorial
of Samuel H. Patterson, late lessee of the Indiana State Prison,
asking relief from certain judgments that were rendered by the
Clark Circuit Court, for work and labor done by sundry convicts,
sentenced to said prison by sundry common pleas courts of the
State of Indiana, at the time when such courts had no jurisdic-
tion of felonies, respectfully report that they have duly considered
the matters stated in said memorial, and finding the facts therein
stated to be true, recommend that the prayer of said memorial be
eranted, and herewith submit a bill for an act entitled " an act for
the relief of Samuel H. Patterson, late lessee of the Indiana State
Prison," and recommend its passage.

House bill No. 189. An act for the relief of Samuel H. Patter-
son, late lessee of the Indiana State Prison.

The bill was read, and passed to a second reading. ,■ .

Bv Mr- Kilgore, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 22, entitled '-a bill to amend the fifty-
fourth section of chapter 7, entitled 'an act defining misdemeanors,
and prescribing punishment therefor,' '' approved Jime 14, 1852, to
respectfully report that they have had the same under considera-
tion, and they herewith return said bill to this House, and recom-
mend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By. JMr. Lasselle, from the Committee on Engrossed Bills:

Mr. Speaker:

The Committee on Engrossed Bills have carefully compared en-

449

grossed House bills Nos. 35, 72, 75, 89, 109, and 123, and House
joint resolution No. 14, and find that tiiey have in all respects been
accurately and correctly engrossed, and corrected under their direc-
tion.

The special order being the consideration of Joint Resolution
No. 8, inviting a National Convention,

On motion of Mr. Hanna,
Was postponed until Wednesday next, at 10 o'clock, A. M.

RESOLUTIONS OF THE HOUSE.

By Mr. Roberts :

Resolved, That hereafter the House meet at eight o'clock, A. M.,
and half-past one o'clock, P. M., of each day, and that it have
evening sessions on Wednesday and Friday nights of each week,
commencing at half-past seven o'clock.

Laid over until to-morrow.

By Mr. Kilgore : . • ''

Mr. Speaker:

Resolved, That the Committee on Temperance be instructed to
inquire into the expediency of repealing the present law licensing
the retailing of spirituous liquors, so as to give to every person the
right to vend such liquors under such restrictions as will, if possible,
prohibit the abuse of such privilege.

Adopted.

By Mr. Hardin of Perry:

Resolved, That the Committee on Education be instructed to
inquire as to the expediency of making it the duty of the trustees
of the diflerent townships to select and employ all teachers it m.ay
require to teach the common schools, and report by bill or other-
wise.

Adopted.

By Mr. Woodruff:

Resolved, That the Committee on the Judiciary be instructed to
inquire what, if any legislation is necessary for the more effect
H. J.— 29

450

enforcement of section eight of article fifteen of the Constitution
of this State, in regard to the sale of lotterry tickets within the
State.
Adopted.

By Mr. Jones : ■

Resolved, That the special committee to which Senate bill No.
37 was referred, be instructed to report the same, with their action
thereon, to-morrow morning.

Adopted.

By Mr. Tarkington :

Whereas, The present distracted state of our country has
entirely deranged the commerce between the north and south ;

And Whereas, The production of cotton having been aban-
doned by the South, in consequence of which, cotton goods have
advanced to an enormous and alarming extent;

And Whereas, The people of the north are driven into the ne-
cessity of directing their attention to the production of flax linen
goods as a substitute for cotton ; therefore,

Resolved, That the Committee on Manufactures and Com-
merce be instructed to inquire into the expediency of taking meas-
ures for the introduction of machinery for the manufacture of flax
linen, to ascertain, if possible, what the probable cost w'ould be,

and if found practicable, to recommend an appropriation of

dollars, for the encouragement of enterprise, and to report by bill
or otherwise.

Adopted.

The resolution offered by Mr. Priest, on Friday, was taken from
the table.

■ Mr. Griffith moved to strike out " ten " and insert " thirty."

Mr. Hanna moved to lay the resolution on the table.
Agreed to.

The following bills were introduced, read the first time, and pass-
ed to the second reading: ,

By Mr. Mason ;

House bill No. 190. An act to amend an act entitled " an act

451

to provide for a general system of common schools, the officers
thereof, and their respective powers and duties, and matters pro-
perly connected therewith, and for the establishment and regula-
tions of township Libraries, and to repeal all laws inconsistent
therewith," approved March 11, 1861.

By Mr. Niblack :

House bill No. 191. An act fixing the times of holding the sev-
eral terms of the Common Pleas Courts in the second Common
Pleas District, prescribing the length of said terms, and repealing
all laws in conflict therewith.

By Mr. Milroy :

House bill No. 192. An act to amend the four hundred and
twentieth section of an act entitled an act to revise, simplify and
abridge the rules, practice, pleadings and forms in civil cases in the
Courts of the State, to abolish distinct forms of action at law, and
to provide for the administration of Justice in a uniform mode of
process, without distinction between law and equity, approved
June 18, 1852.

By Mr. Howk :

House bill No. 193. An act to provide for procuring and dis-
tributing the fourteenth volume of the Indiana Reports.

By Mr. Ferris :

House bill No. 194. An act defining felonies, and prescribing
punishment therefor.

By Mr. Blocher :

House bill No. 195. An act to better regulate the appointment
of Surgeons for the Indiana volunteer regiments now in the service
of the United States, and who may hereafter be raised for the sup-
pression of the present rebellion.

By Mr. Lamb :

House bill No. 196. An act providing for the assessment and
taxation of dogs, and providing for the payment of damages sus-
tained in the maiming or killing of sheep by dogs, declaring per-

452

sons who own or keep dogs, and refuse to list the same, and per-
sons who have listed dogs, and who neglect or refuse to pay the
taxes thereon, guilty of continuing and maintaining a public
nuisance, and prescribing penalties in such cases, and prescribing
duties of Assessors and Auditors under this act.

By Mr. Humphreys :

House bill No. 197. An act to amend sections 100 and 101 of an
act entitled "An act to provide for a general system of Common
Schools, the ofhcers thereof, and their respective powers and duties,
and matters properly connected therewith, and for the establishment
and regulation of Township Libraries, and to repeal all laws incon-
sistant therewith," approved March 11th, 1861.

By Mr. Newman :

House bill No. 198. An act to prevent persons from owning,
keeping or harboring any dog or bitch for which no license has
been taken out, and prescribing the punishment therefor.

By Mr. Tarkington : ' " -'

House bill No. 199. An act concerning the sale of baggage, and
other articles, by railroad companies.

By Mr. Beyerle: ' ' ^

House bill No. 200. An act to amend an act entitled "An act
regulating general elections, and prescribing the duties of officers
in relation thereto," approved June 7, 1852.

By Mr. Ferris :

House bill No. 201. An act to amend section 42 of an act to
provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,''
approved March 11, 1861.

« By Mr. Lasselle :

House bill No. 202. An act to provide for the change of venue in
certain cases from the Common Pleas Court to the Ch-cuit Court of
the same county, conferring jurisdiction on such Circuit Court, re-

453

pealing, as to the Common Pleas Court, all laws in conflict here-
with, and declaring when this act shall take effect.

By Mr. Lassclle :

House bill No. 203. An act to amend section 23 of an act enti-
tled " An act to, provide for a general system of Common Schools,
the officers thereof, and their respective powers and duties, and mat-
ters properly connected therewith, and for the establishment and reg-
ulation of Township Libraries, and to repeal all laws inconsistent
therewith," approved March 11; 1861.

By Mr. Lasselle :

House bill No. 204. An act to amend section 716 of an act
entitled " An act to revise, simplify and abridge the rules, practice,
pleadings and forms, in civil cases in the courts of this State ; to
abolish distinct forms of action at law, and to provide for the
administration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity," approved June
18, 1852.

By Ml-. Niblack :

House bill No. 205. An act fixinsr the time of holdinsr the several
Circuit Courts in the Third Judicial Circuit, prescribing the length
of said terms, and repealing all laws inconsistent therewith.

By Mr. Niblack :

House bill No. 206. An act to amend section 5 of an act enti-
tled "An act to regulate and license the sale of spirituous, vinous,
malt and other intoxicating liquors, to prohibit the adulteration of
liquors, to repeal all former laws contravening the provisions of this
act, and providing penalties for violating thereof," approved March
5, 1859.

By Mr. Niblack :

House bill No. 217. An act to empower Insurance Companies,
not incorporated under the laws of this State, to transact business
in this State through Agents, and prescribing the terms and modes
thereof.

The House suspended the order of business, and took up a con-

454

current resolution of the Senate, in relation to geological reports of
the State; and the following message of the Senate in relation
thereto, was taken up.

Mr. Speaker :

I am directed to inform the House that the Senate has passed
the following concurrent resolution, in which the concurrence of
the House is respectfully requested:

Whereas, There are a number of the reports of Mr. Owen's
Geological Survey of the State of Indiana, now in the hands of
the Secretary of State ; therefore, be it

Resolved By the Senate, the House of Representatives concur-
ring, that twenty copies be held by the Secretary of State for the
use of Richard Owen, one hundred copies be deposited in the State
Library, the balance to be distributed equally among the members
of the Senate and House of Representatives. . .

The resolution was concurred in. '

The Committee of thirteen on Compromise, raised by the reso-
lution of Mr. Cason, asked further time in which to report, which
was granted, and the committee instructed to report on Thui'sday
next.

BILLS ON THEIR SECOND READING.

The following bills were read the second time.

House bill No. 150. An act providing for the election of officers
therein named, connected with the States Prison North, regulating
the lime of holding, and the salaries of the same, and to repeal the
tenth section of an act entitled an act to provide for the erection of
a New Prison north of the national road, election of officers there-
for, making appropriations, and for the regulations of the same, ap-
proved March 5, 1859.

Ordered to be engrossed. ; '

House bill No. 151. An act authorizing the Board of Com-
missioners of the Sinking Fund to liquidate the debt of the Indiana
State University to the Sinking Fund, incurred for the erection of
the college building, by the transfer to said board of the liabilities.

455

or evidence of indebtedness existing against purchasers of lands
granted by the United States to the State of Indiana for the use of
said University, and sold by the trustees thereof, under an act of
the General Assembly of Indiana, entitled an act for the relief of
the Indiana University, approved March 2, 1859.
Referred to the Committee on Ways and Means. •

House bill No. 152. An act to signify the assent of the State of
Indiana to the condition and provisions of an act of Congress, enti-
tled an act donating public lands to the several States and Terri-
tories which may provide Colleges for the benefit of Agriculture
and Mechanic Arts," approved July 2, 1862, and to express the
States acceptance of said conditions and provisions, and for accept-
ing the script offered by the act of Congress, and for its sale and in-
vestment in the State of Indiana bonds or stocks, for the endorse-
ment of an Agricultural College.

Laid on 4he table and three hundred copies ordered to be printed
for the use of the House.

House bill No. 153. An act to amend the third section of an
act to regulate and license the sale of spirituous, vinous, malt, and
other intoxicating liquors ; to prohibit the adulteration of liquors ;
to repeal all former laws contravening the provisions of this act,
and prescribing penalties for the violation thereof, approved March
5, 1859.

Referred to the Committee on County and Township Business.

House bill No. 154. An act to provide for the opening of ditches,
the changing of water courses and keeping the same open, and re-
pealing all laws inconsistent herewith.

Referred to the Committee on Agriculture,

House bill No. 155. An act to provide for a committee to audit
and allow claims against the State for services rendered by the offi-
cers and men of the Indiana Legion, and the militia organized
under the proclamation of the Governor, dated September 5, 1862,
in the defence of the Ohio river border of this State, and defining
the powers and action of said committee.

Mr. Lamb offered the following amendment :

Amend the first section so as to make it read as follows :

456

Section 1. Be it enacted by the General Assembly of the State
of Indiana, That there shall be appointed a committee, consisting
of three members of the; House, and two members of the Senate,
to be denominated an auditing committee, whose duty it shall be
to meet at Indianapolis, on the 17th day of March, 1863, to exam-
ine and audit all claims which may be presented against the State
of Indiana for military services rendered, subsistence furnished, or
expenses incurred in defence of the Ohio river border counties of
this State by the officers and men composing any part of the
Indiana Legion, and the officers and men who composed the mili-
tia, and other military companies organized under the laws of the
State, and who have been engaged in active military duty, defend-
ing the border since the commencement of the existing rebellion.

Amend the second section so that it shall read as follows :

Section 2. Said committee shall provide blank fo^ms of pay
rolls for military service, and the necessary forms for other claims,
and furnish the same to company officers, and other claimants,
when called upon for that purpose.

Amend the third section by striking out, in the second line of
fourth page, the words "take proof of," and insert the word audit.

Strike out the fourth section and substitute the following:

Section 4. The captains, or other officers, who have com-
manded companies while in active duty, as on this act provided,
shall make out triplicate pay rolls, giving therein the names of each
officer and private of his company who have been on duty, and
specifying the length of time each person has served, and the
number of days each person has supplied himself with subsistence
while on such duty, and shall append to said pay rolls his affidavit,
stating that the members of his company served the number of
days specified in said pay rolls, and where and what was the
nature of the duties performed, which pay rolls shall be submitted
to the Governor, and receive his approval before the same are sub-
mitted to said auditing committee; all claims for subsistence expen-
ses, and other claims except for military services, shall be made out
in triplicate accounts, according to the forms furnished by said
auditing committee ; and all claims audited and allowed by said
committee under this act, and all similar claims not yet paid, which

457

have been audited and allowed by the auditing committee ap-
pointed under 1he act of the special session, approved Muv 31,
1861, shall be paid by the Treasurer of State, on the warrant of
the Auditor of State, out of any funds not otherwise appropriated.

Amend section five by inserting in the second line of the section,
after the word " snch." the word " military."

The bill and amendments were referred to the Committee of
Ways and Means.

ILmse bill No. 156. An act to license and regulate the sale of
spirituous, vinous, malt, and other intoxicating liquors, to prohibit
the adulteration of liquors, to repeal all former laws contravening
the provisions of this act, and prescribing penalties for the violation
thereof.

Referred to the Committee on Temperance.

House bill No. 157. An additional act to provide and regulate
the toll and fare on the toll bridges across the Wabash river, and
in particular with regard to the Covington Bridge, across said river,
in the county of Fountain, and to prevent fraud and extortion by
the keeper of said bridge, to instruct said committee to rei)ort it
back with such amendments or alterations as are necessary to carry
oiat the objects of the bill.

Referred to the Committee on Roads.

House bill No. 158. An act to regulate the fare and toll on the
passenger trains running on any of the railroads of this State, and
fixing penalty on any employee, ticket agent, or cunductor of any
train of cars.

Referred to the Committee on Corporations.

House bill No. 159. An act for the protection of sheep, and
taxing the owners of dogs to pay the owners of sheep that may
be destroyed by dogs.

Referred to the Committee on County and Township Business.

House bill No. 160. An act to amend an act entitled "an act to
provide for the opening, vacating, and change of highways, ap-
proved June 17, 1852.

Referred to the Committee on Roads.

House bill No. 161. An act to amend the twenty-second sec-

458

tioii of an act entitled an act concerning inclosures, trespassing
animals, and partition fences, approved June 4, 1852.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 162. An act relative to certain officers of the
sinking fund.

Mr. Griffith ottered the following amendment: Amend so as to
give the Superintendent of the Insane fifteen hundred dollars per
annum.

The l)ill and amendment were referred to the Committee on
Fees and Salaries.

House bill No. 163. An act to authorize the Board of County
Commissioners to declare, when any incorporated town or towns
fail to elect trustees for the term of two years preceding the incor-
poration thereof, dissolved, and prescribing the duties of the county
auditor in such cases.

Referred to the Committee on Corporations.

House bill No. 164. An act to amend the 8th section of an act
entitled "An act to amend the act entitled 'An act authorizing the
construction of Planl^, McAdamizod, and Gravel roads, and to em-
power the same to make sale of a portion of their roads,' " approved
Feb. 28, 1855.

Referred to the Committee on Roads.

House bill No. 165. An act to amend section one of an act en-
titled "An act to exempt property from sale in certain cases," ap-
proved Feb. 17, 1852.

Referred to the Committee on Claims.

House bill No. 166. An act supplemental to an act entitled
"An act to provide for township elections," approved June 15, 1852.
Referred to the Committee on Elections.

House bill No. 167. An act to entitle special surgeons, who
have been sent to battle fields and hospitals in cases of emergency,
to draw pay for the time they were absent on such special duty.

Referred to a select committee of five.

House bill No, 168. An act to repeal an act entitled "An act
to license dogs, and providing for the payment of damages sus-
tained in the maiming or killing of sheep by dogs, declaring unli-
censed dogs nuisances, and declaring under what circumstances

459

they may be killed, and prescribing a punishment for killing li-
censed dogs, and to provide penalties for the violation of any pro-
visions of said act by officers and others,-' approved March 11,
1861.

Referred to the Committee on County and Township Business.

The House adjourned until to-morrow at 9 o'clock, A. M.

TUESDAY, 9 o'clock, A. M., |
February 17, 1863. j

The House met.

The reading of the Journal was dispensed with.

petitions, memorials, and remonstrances.

By Mr. Hanna :

A petition in reference to employing German teachers in com-
man schools.

Referred to the Committee on Education.

By Mr. Shoaff of Allen :"

A memorial in relation to the collection of debts.
Referred to the Committee on the Judiciary. '

reports from standing committees.

By Mr. Howk, chairman of the Judiciary Committee :

Mr. Speaker : '

I am directed by the Committee on the Judiciary, to whom was
referred House bill No. 147, entitled "An act to amend an act enti-
tled 'An act to revise, simplify, and abridge the rules, practice,
pleadings, and forms, in civil cases in this State; to abolish dis-
tinct forms of action at law, and to provide for the administration
of justice in a uniform mode of pleading and practice, without

460

distinction between law and equity,' " approved June 18, 1852, to
respectfully report that they have duly considered the same, and
they recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Spkaker :

I am directed by the Committee on the Judiciary, to whom was
recomiuitfed House bill No. 116, entitled "An act to amend the 7th
section of an act entitled 'An act to provide for the election of a
reporter, and a speedy publication of the decisions of the Supreme
Court, and for the compensation of such reporter, approved Feb.
5, 1852,' " with instructions to inquire what will be the probable
additional cost, per volume, for the publication of the reports of the
Supreme Court, arising from the advance of paper and printing
materials, to respectfully report that they have duly considered the
same, and they recommend that said bill be amended by inserting
immediately after the word "reports," in next to the last line, on
the seventh page of said bill, the following words, to-wit: "but
these rates shall not apply and embrace the volumes prior to the
17th volume of said reports, but the price therefor shall remain the
same as fixed by law at the time of their publication," and, when
so amended, they would recommend the [passage thereof.

They would further report that, upon inquiry, they have arrived
at the conclusion that the proper increase of compensation to such
reporter, is not as great as the additional cost of publication of
said reports will be, arising from the advance in paper and printing
material.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Packard, from the same committee :
Mr. Spkaker :

I am directed by the Committee on the Judiciary, to whom was
referred Senate bill No. 33, entitled "A bill prescribing the form of
deed that may be used by slK'riti's and coroners," to respectfully re-
port that they have duly con^^idered the same, and they are of the
opinion that the passage thereof is inexpedient.

They therefore recommend that said bill lie upon the table.

The report was concurred in.

; . " 461

^ By Mr. Kilgore, from the same committee:

Mr. Speaker: .,,,,:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 70, entitled " An act to amend section
six of an act regulating the granting of divorces, nullification of
marriages, and decrees and orders of court incident thereto," ap-
proved May 13, 1852 ; to respectfully report that they have duly
considered the same, and they are of the opinion that further legis-
lation on the subject is inexpedient ; they therefore recommend that
said bill lie upon the table.

The report was concurred in.

By the same :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 134, entitled " An act to legalize sales
of real estate, heretofore made by administrators and guardians,
and the proceedings of the courts in relation thereto," to respect-
fully report that they have duly considered the same, and they are
of the opinion that further legislation on the subject is inexpedient;
they therefore recommend that said bill lie on the table.

The report was concurred in. '

By the^ame:
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 27, entitled " An act providing for calling
in special sessions of Boards of County Commissioners," to respect-
fully report that they have had the same under consideration, and
they herewith return said biU to the House, and they recommend
the passage thereof.

The report was concurred in, and the bill read the third time.

The question being, shall the bill pass ? v

Those who voted in the affirmative were — •

Messrs. Harden of W., Lamb, Pettibone,

Abbett, Hardin of Perry, Lasselle, Puett,

462

Baker,

Hershey,

Lee,

Richardson,

Beyerle,

Hetfield,

Leeds,

Rippey,

Blocher,

Higgins,

Lemmon of H.

, Roberts,

Brogan,

Holcomb,

Lemmon of S.,

Robinson,

Brown,

Hon,

Marshall,

Roe,

Budd,

Hostetter,

Mason,

ShafTer,

Burton,

Howard,

McCaughey,

Shoaff of Allen,

Chambers,

Howell,

Miller,

Shoaflf of Jay,

Collins,

Howk,

Moorman,

Spencer,

Cook,

Humphreys,

Morgan,

Stone,

Davis,

Hutchings,

Mustard,

Tarkington,

De Bruler,

James,

Newman,

Van Buskirk,

Donaldson,

Johnson,

Niblack,

Veach,

Ferris,

Jones,

Noyes,

Waterman,

Forrester,

Kempof Duboit^

S O'Brien of M.,

Williams,

Garvin,

Kemp of Vigo,

Osborne,

Wolfe,

Given,

Kendrick,

Packard,

Woodruflf,

Griffith,

Kilgore,

Pendleton,

Woollen, and

Hall,

Lake,

Perry,

Mr. Speaker-83.

Hanna,

Those

ivho voted in the nes;ative were —

Messrs. Gregg and Priest — 2.

\
So the bill passed.

By Mr. Lake, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 142, entitled " An act to amend the 656th
and 661st sections of an act entitled ' An act to revise, simplify
and abridge the rules, practice, pleadings and forms in civil cases in
the courts of this State, to abolish distinct forms of action at law,
and to provide for the administration of justice in a uniform mode
of pleading and practice, without distinction between law and
equity," approved June 18, 1852, to respectfully report that they
have had the same under consideration, and they herewith return
said bill to this House, and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Burton, from the same committee :

463
Mr, Speaker: /

I am instructed by the Comtiiittee on the Judiciary, to whom
was referred House bill No. 30, entitled " An act to amend the
second section of an act entitled ' An act in relation to witnesses,
and to repeal section 288 of article thirteen of the act entitled " An
act to revise, simplify, and abridge the rules, practice, pleadings and
forms in civil cases in the courts of this State; to abolish distinct
forms of action at law, and to provide for the administration of justice
in a uniform mode of pleading and practice, without distinction be-
tween law and equity,'"" approved June 18, 1852, "and to repeal all
laws inconsistent therewith, and providing when the act shall take
effect and be in force ;"' to respectfully report that they have duly
considered the same, and they herewith return said bill to this House,
and recommend the passage thereof.

The r<?port was concurred in, and the bill was ordered to be en-
grossed. -

By ]Mr. Lake, from the same committee :

Mr. Speaker:

I am directed by the Committee on the Judiciary, to whom was
referred a resolution instructing them to inquire into the expediency
of further postponing the collection of mortgages to the Sinking
Fund, to return the same to this House, and they recommend that
the same be referred to the Committee on the Trust Funds.

The report was concurred in.

By Mr. Lasselle, from the same committee:
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom was
referred a resolution directing them to inquire whether under exist-
ing laws, the marriage of a female ward to a person of full age dis-
charges the guardian from the control of her personal property ; to
respectfully report that they have considered the same, and they
are of the opinion that under existing laws, the marriage of a
female ward as aforesaid does discharge the guardian from the
control of her personal property.

Mr. Morgan moved to recommit the bill to the Committee on
the Judiciary, with instructions to further inquire and report.

464

Not agreed to. ! . . ■ •

The report was concurred in. , * ^ , ■

By the same :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 99, entitled "An act to re-enact the
238th section of an act entitled an act to revise, simplify and abridge
the rules, practice, pleadings and forms in civil actions in the courts
of this State, to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of plead-
ing and practice, without distinction between law and equity," ap-
proved June 18, 1852, and to repeal an act entitled "An act in rela-
tion to witnesses," and to repeal section 238 of article 13 of the act
entitled "An act to revise, simplify and abridge the rules, practice,
pleadings and forms in civil cases in the courts of this State, to
abolish distinct forms of action at law, and to provide for the admin-
istration of justice in a uniform mode of pleading and practice,
without distinction between law and equity, approved June IS,
1852, and to repeal all laws inconsistent therewith, and providing
when the act shall take efiect, and be in force ; "

To respectfully report that they have duly considered the same
and there being another bill pending before this House, embracing
the same subject-matter, they recommend that said bill lie upon the
table.

The report was concurred in.

By the same :

Mr. Speaker : ■

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 101, entitled "An act to amend an act
entitled an act providing that no Justice shall hear or determine any
State prosecution for an assault and battery, or assavdt, unless the
injured party be present, or being summoned, refuse to attend, or
when the summons for him is returned 'not found;' and that no
trial shall be had in cases of affray, unless a witness thereof be
present and testify upon such trial, or being summoned, refuses to
attend," approved February 7, 1855 ;

465

To respectfully report that they have had the same under consid-
eration, and they are of the opinion that further legislation on the
subject is inexpedient; they therefore recommend that said bill lie
upon the table.

The report was concurred in.

By Mr. Howk, from the same committee :
Mr. Speaker: ;

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 130, entitled "An act to give additional
powers in civil and criminal actions to the Judges of the Circuit
and Common Pleas Courts during vacation ;"

To respectfully report that they have had the same under consid-
eration, and they respectfully recommend that the first section of
said bill be amended by inserting immediately after the word
" power," in the fifth line of said section, the following words, to-
wit : "Upon the same terms and conditions as the Circuit and
Common Pleas Courts now have in term time." And, also, by
adding to said section the following words : " In all cases specified
in this section, the proper Judge shall make such order in regard to
costs as shall be right ; " and they would recommend that the second
section of said bill be stricken out, and when said bill is so amended,
they recommend the passage thereof

The report was concurred in, and the bill ordered to be engrossed.

By the same :
Mr. Speaker : '. ■ . . ,

To respectfully report that they have had the same under consid-
eration, and they recommend that the first section of said bill be
amended by inserting immediately after the word "power," in the
tifth line of said section, the following words to-wit: " Upon the
same terms and conditions as the Circuit and Common Pleas
Courts now have in term time," and by also adding to said section
the following words : " In all cases specified in this section, the
proper Judge shall mal^e such order in regard to costs as shall be
H. J.— 30

466

right," and they would recommend that the second section of said
bill be stricken out, and when said bill is so amended, they recom-
mend the passage thereof.

The report was concurred in, and the bill, as amended, ordered to
be engrossed.

By the same : u<'<}'. • ' '.

Mr. Speaker : ;!■,.■"

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 102, entitled "An act fixing an equiv-
alent exemption from military duty, on account of conscientious
scruples, and providing for the collection of the same,"

To respectfully report that they have had the same under consid-
eration, and they recommend that the first section of said bill be
amended by striking out the word " three," where it occurs in the
last line of said section, and inserting the word "two," and that the
second section of said bill be amended by striking out all that oc-
curs before the word " all," in the fourth line of said section, and
when so amended, they recommend the passage thereof.

The report was concurred in, and the bill, as amended, ordered to
be engrossed.

By Mr. Holcoml), from the Committee on Education:

Mr. Speaker :

The Committee on Education, to whom was referred the peti-
tion of Benjamin Fulgham, and others, asking the passage of a law
providing for the education of the children of negroes and mulat-
tos," have had the same under consideration, and have directed me
to report it back to the House, and recommend that it lie upon the
table, as, in the opinion of the Committee, legislation on that sub-
ject is impracticable.

The report was concurred in.

By Mr. Humphreys, from the Committee on Fees and Salaries :
Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred a
resolution of the House inquiring into the expediency of reducing
the fees of clerks and auditors of the several counties, have had

467

the same under consideration, and have instructed me to report the
same back to this House, and recommend that it be laid upon the
table, as they deem further legislation on the subject inexpedient.
The report was concurred in.

By the same :

Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
House resolution, introduced by Mr. Rippey, inquiring what legis-
lation is necessary to enable county recorders to demand their fees
in advance, have had the same under consideration, and have in-
structed me to report the same back to this House, and recommend
that the same be laid upon the table, a bill having passed this
House embracing the same subject.

The report was concurred in.

By the same : ,

Me. Speaker: :

The Committee on Fees and Salaries, to whom was referred House
resolution, introduced by Mr. Donaldson, inquiring into the expedi-
ency of requiring clerks of the several counties to perform certain
duties in regard to pensions, &c., for one half the usual fee allowed
in other cases of a similar nature, have had the same under con-
sideration, and have directed me to report the same back to this
House, and recommend that it be laid upon the table, as they deem
further legislation on the subject inexpedient.

The report was concurred in.

By the same :

Mr. Speaker:

The Committee on Fees and Salaries, to whom was referred
Senate bill No. 19, introduced by Mr. Fuller, providing that the
value of United States stamps, used on deeds of conveyance by
sheriffs, and on other written instruments, be taxed and collected
with other costs in the case, have had the same under consideration,
and have instructed me to report the same back to this House, and
recommend that the same be laid upon the table, a similar bill hav-
ing been passed by this House.

468

The report was concurred in. ' , •'■

By the same :
Mr. Speaker: ■ . i

The Committee on Fees and Salaries, to whom was referred
House bill No. 14S, entitled "An act to authorize county auditors
to issue fee bills in certain cases therein named," have had the same
under consideration, and have instructed me to report the same
back to this House and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Higgins, from the same committee:
Mr. Speaker :

The Committee on Fees and Salaries, to whom was refeiTcd
House bill No, 32, entitled an act to amend an act entitled an act
to repeal all general laws now in force for the incorporation of
cities, prescribe their powers and rights, and the measure on which
they shall exercise the same, and to regulate such other matters
as properly pertain thereto, approved March 9, 1857, have had
the same under consideration, and direct me to report it back to
the House with the following amendment, and, when so amended,
the said committee recommend its passage.

Amend by adding the following to the first section of the bill:

" Unless a majority of all the electors of any such city, at a
meeting specially called for that purpose, of which three weeks
public notice shall be given in a newspaper published in such city,
shall otherwise determine."

The report was concurred in and, the bill, as amended, ordered to
be engrossed.

By Mr. Miller, from the Committee on County and Township
Business :

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 122, providing that no civil township
in any county of this State, shall hereafter be laid off in such man-
ner as to divide any Congressional township, have considered the
same, and being of the opinion that such legislation is inexpedient,

469 '

have instructed me to report said bill back to this House, and
recommend that it lie on the table.
The report was concurred in.

By Mr. Van Buskirk, from the Committee on Temperance :

Mr. Speaker :

A majority of the Committee on Temperance, to whom was re-
ferred House bill No. 118, entitled an act to amend the 12th sec-
tion of an act entitled "An act to regulate and license the sale of
spirituous, vinous, malt, and other intoxicating liquors, to prohibit
the adulteration of liquors, to repeal all former laws contravening
the provisions of this act, and prescribing penalties for the viola-
tion thereof," have had the same under consideration, and direct
me to report the same bacii, and recommend its passage.

Mr. Griffith, from the same, presented the following minority
report:

The undersigned, from the Committee on Temperance, to whom
was referred House bill No. 118, an act entitled "an act to amend
the twelfth section of an act entitled an act to regulate and license
the sale of spirituous, vinous, lualt, and other intoxicating liquors,
to prohibit the adulteration of liquors," &c., having had the same
under consideration, would respectfully recommend the following
amendment to said bill :

Strike out the latter part of said section which reads as follows:
Shall be deemed guilty of a felony, and upon conviction thereof
shall be imprisoned in the State Prison for any period not less than
two years nor more than five years; and insert: Shall be fined in
any sum not less than fifty dollars nor more than five hundred dol-
lars, and shall be imprisoned in the county jail not less than ten
nor more than ninety days.

Mr. Niblack moved that the bill and reports be recommitted to
the Committee on Temperance.

Agreed to.

By Mr. Garvin, from the Committee on Corporations:

Mr. Speaker :

The Committee on Corporations, to whom was referred House
bill No. 94, entitled " a bill to authorize railroad companies incor-

470 .

porated by other States, and with their terminus at the boundary
line of the State of Indiana, to acquire the right of way and to
extend their roads so far as to make connections with raihoads in
the State of Indiana, and also to acquire and hold the necessary
real estate for side tracks, switches, depot buildings, machine shops,
and stock yards, have had the same under consideration, and have
directed me to report the bill back to this House and recommend
its passage with the following amendments, viz : Strike out the
title and the first and second sections of said bill, and in lieu there-
of insert the following: "An act to enable railroad companies in-
corporated by other States, with their terminus at the boundary
line of this State, to acquire the right of way, and make connec-
tions in this State, and also to acquire the necessary grounds for
depots and other buildings, and for machine shops, stock yards,
tracks, crossings, and sidings, within this State.

Section 1. Be it enicted hy the General Assembly of the State
of Indiana, Tliat railroad companies incorporated by special
charter under the laws of the States of either Ohio or Illinois, or
under any general law of either State, with their terminus at the
boundary of either State, may continue their roads into this State
so far as may be necessary to form a connection with any road
already built in this State, and may for such purpose purcl;^ise and
hold such real estate as is necessary for depot buildings, machine
shops, stock yards, tracks, crossings, and sidings.

Sec. 2. Be it further enacted, That whenever railroads, char-
tered by the joint action of the Legislatures of Illinois and Indi-
ana, or Ohio and Indiana, or whenever separate charters have been
granted by each State, and a railroad has been built under sepa-
rate company organizations, and operate through one or more of
said States, and when the line dividing the State of Indiana from
either of said States is a water course which has been bridged at
the joint expense of two of such separate railroad company organ-
izations, the company desiring to extend its line into this State
shall have the right to maintain and use such bridge, so far as may
be convenient and necessary, and so as not to interfere with the
necessary joint use thereof by the companies owning the same in
the transaction of their ordinary joint business, and may extend
their track upon and across such joint bridge from the Indiana
shore of said stream so far into the State of Indiana as may be
necessary to form a perfect connection with other roads by means

471

of tracks, side tracks, crossings, and sidings, and so far as may be
necessary for the accommodation of the business of such corpora-
tion, it may procure grounds and erect depot buildings, machine
shops, and such other buildhigs within this State ; Provided, That
the distance from the State line to such connection or crossing as
is proposed, shall not exceed three miles.

The report was concurred in, and the bill read the third time.

The question being, shall the bill pass?

Those who voted in the afirmative loere-

Messrs.

Abbett,

Abdill,

Beyerle,

Blocher,

Brogan,

Budd,

Burton,

Cason,

Chambers,

Collins,

Cook,

Davis,

DeBruIer,

Donaldson,

Forrester,

Garvin,

Given,

Gregory,

Griffith,

Hall,

Hanna,

Hardin, of W.,

Hardin of Perry,

Hershey,

Hetfield,

Higgins,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Humphreys,

Hutchings,

James,

Johnson,

Jones,

Kemp of Dubois,

Kemp of Vigo,

Kendrick,

Kilgore,

Lamb,

Lasselle,

Lee,

Lemmon of H.,

Lemmon of S.,

Marshall,

Mason,

McCaughey,

Miller,

Milroy,

Moorman,

Morgan,

Mustard,

Mutz,

Newman,

Niblack,

Noyes,

O'Brien of H.,

O'Brien of M.,

Osborne,

Packard,

Pendleton,

Perry,

Pettibone,

Priest,

Puett,

Richardson,

Rippey,

Roberts,

Robinson,

Roe,

ShalTer,

ShoafF of Allen,

Shoaffof Jay,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Waterman,

Williams,

Wolfe,

Woodruff, and

Mr. Speaker-84.

Mr. Leeds voting in the negative.
So the bill passed.
By the same :
Mr. Speaker:

The Committee on Corporations, to whom was referred House

472

bill No. 149, "An act supplemental to an act entitled an act for the
incorporalion of mining and manufacturing companies, and com-
panies for mechanical, chemical and building purposes, approved
May 20, 152, and to repeal the 11th and 14th sections of said act,"
have had the same under consideration, and have directed me to re-
port the same back to this House, and recommend its passage.
The report was concurred in, and the bill ordered to be engrossed.

By the same : '
Mr. Speaker :

The Committee on Corporations, to whom was referred Senate
bill No. 93, "A bill to extend the time for the completion of rail-
roads in all cases in which two thousand dollars per mile has been
expended in their construction, and declaring at what time this act
shall take eftect," have had the same under consideration, and wotild
recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same:
Mr. Speaker :

The Committee on Corporations, to whom was referred "the me-
morial of the Indianapolis and Westfield Gravel Road Company,"
have had the same under consideration, and have directed me to
report that further legislation on the subject of the memorial is in-
expedient, and recommend that it lie on the table.

The report was concurred in.

By Mr. Miller, from a select committee :

■ Mr. Speaker:

I am instructed by the select committee, to whom was referred
Senate bill No. 16, "An act prescribing the forms of conveyances of
real estate that may be used by Executors, Administrators, Guar-
dians, Trustees and Commissioners, and repealing the 547th section
of the practice act ; "

To report that they have had the same under consideration, and
direct me to return it to this House and recommend its passage.

The report was concurred in and the bill read the third time.

473

The question being, shall the bill pass?

Those ivho voted in the affirmative were —

Messrs.

Hardin of Perry, Leeds,

Pettibone,

Abdill,

Hershey,

Lenimon of H.

, Priest,

Beyerle,

Hetfield,

Lemmon of S.,

Puett,

Blocher,

Higgins,

Marshall,

Richardson,

Brogan,

Holcomb,

Mason,

Rippey,

Bucicl,

Hon,

MeCaughey,

Roberts,

Burton,

Ilostetter,

MUler,

Robinson,

Cason,

Howard,

Milroy,

Roe,

Chambers,

Howell,

Moorman,

ShafTer,

Collins,

Howk,

Morgan,

Shoaffof Allen,

Davis,

Humphreys,

Mustard,

ShoatV of Jay,

DeBruler,

Hutchings,

Mutz,

Spencer,

Donaldson,

James,

Newman,

Stone,

Forrester,

Jones,

Niblack,

Tarkington,

Garvin,

Kemp of Dubois,Noyes,

Van Buskirk,

Given,

Kemp of Vigo,

O'Brien of H.,

Veach,

Gregory,

Kendrick,

O'Brien of M.,

Waterman,

Griffith,

Kilgore,

Osborn,

Williams,

Hall,

Lamb,

Packard,

Wolfe,

Hanna,

Lasselle,

Pendleton,

Woodruff, and

Harden of W.,

Lee,

Perry,

Mr. Speaker-83,

None voting in the negative.

So the bill passed.

The Speaker announced the following select committee, on House
bill No. 167, in accordance with a vote of the House on yesterday,
viz: Messrs. Leeds, Beyerle, Johnson, Pendleton, and Roberts.

The resolution of Mr. Roberts, of yesterday, was taken up.

Mr. Wolfe moved to amend by striking out " on Friday night."
Agreed to.

Mr. Niblack moved to amend by providing for a night session on
Tuesday night, and that the House meet at Ih, o'clock, P. M.
■ Agreed to.

474

Mv. Higgins moved that the resolution and amendment lie on the
table.

On wliich question, ~ .

Messrs. Higgins and Donaldson demanded the ayes and noes.

Those ivho voted in the affirmative loere —

Messrs.

Hershey,

Milroy,

Robinson,

Budd,

Higgins,

Moorman,

Roe,

Cason,

Hatchings,

Mustard,

Spencer,

Chambers,

James,

Newman,

Stone,

Davis,

Jones,

Noycs,

Van Buskirlv.and

Gregory,

Kendrick,

Perry,

Woodruif— 27.

Griffith,

Leeds,

Priest,

Those 10 ho voted in the negative ivere —

Messrs.

Hanna,

Lassellc,

Pendleton,

Abbett,

Harden of W.,

Lee,

Pettibone,

AbdiU,

Hardin of P.,

Lemmon

of H.

, Richardson,

Beyerle,

Hetfield,

Lemmon

of S.,

Rippey,

Blocher,

Holcomb,

Marshall,

Roberts,

Brogan,

Hon,

Mason,

Shaffer,

Burton,

Hostetter,

McCaugli

ley,

Shoaft' of Allen,

Collins,

Howard,

Milroy,

Shoaff of Jay,

Cook,

Howell,

Mutz,

Tarkington,

De Bruler,

Howk,

Niblack,

A^each,

Donaldson,

Humphreys,

O'Brien c

.f H.,

Waterman,

Forrester,

Kemp of Dnbois, O'Brien of M.,

Williams,

Garvin,

Kemp of Vigo.

, Osborne,

Wolfe, and

Given,

Kilgore,

Packard,

Mr. Speaker-57.

Hall,

Lamb,

So the resolution did not lie on the table.

Mr. Lamb moved to amend by inserting, in tlie proper place,
" durina: the last two wrecks of the session."

Mr. Lassellc in the chair. .

Mr. Buskirk moved to amend by striking out "Tuesday and
Wednesday," and inserting " Monday and Thursday," and that the
first evening session be held next Thursday evening.

475 .

Agreed to.

■ The resolution, as amended, was adopted.

Mr. Moorman moved to reconsider Ihe vote of yesterday by which
the resolution of Mr. Priest, offered on Friday last, relative to re-
s'ricting the speeches of members to ten minutes, was laid on the
table.

Mr. Brown moved that the motion to reconsider lie on the table.
Agreed to.

The House took up the resolution of JMr. Shoafl' of Jay, offered
February 4th, relative to leave of absence for members.

Mr. Hon moved that the resolution lie on the table.
Agreed to.

The House took up the resolution of Mr. Milroy, restricting the
speeches of members to fifteen minutes.

On motion of Mr. Brown, the resolution was laid on ihe table.

Mr. Brown moved to reconsider the vote, laying the resolution
on the table, and that his motion to reconsider also lie on the table.
The motion to reconsider was laid on the table.

RESOLUTIONS OF THE HOUSE.

By Mr. Roberts :

Resolved, That the doorkeeper be directed to procure a National
flag, and cause the same to be placed on the dome of this Capitol
at 2 o'clock, P. M., on the twenty-third day of February, and that
it remain there during the sitting of this General Assembly.

Pvesolved, That Col. Carrington be respectfully requested to be
in attendance on the occasion of the hoisting of said flag, with the
various artillery companies now in camp near this city, and that
they fire 100 guns in honor of the Union of the States.

Adopted.

By Mr. Newman :

Whereas, Believing that by proper attention and cultivation, the
Chinese sugar cane would become one of the most important and
valuable products in the West ; therefore.

476

Resolved^ That the Committee on Manufactures and Commerce
be instructed to inquire into the expediency of enacting a law to
encourage the culture of chinese sugar cane in the State, and to
ascertain whether any legislation is expedient or practicable for
promoting the manufacture of the same into molasses, sugar, vine-
gar, or any of the syrups, and report by bill or otherwise.

Adopted.

By Mr. Gregory :

Be it resolved^ By the General Assembly of the State of Indiana
that the present Commissioners of the Sinking Fund of this State
be instructed to distribute to the several Counties of this State, all
the monies on hand, or that which may hereafter accumulate of
the said Sinking Fund, which is due the several counties under the
first section of the act of the legislation on that subject, of chapter
IGl of the revised statutes of 1852.

The resolution was referred to the Committee of Ways and
Means.

i>
Mr. Packard moved to take from the table a communication from

the President of the Board of Benevolent Institutions.

Agreed to.

The comn:iunication was referred to the Committee on Benevo-
lent Institntions.

By consent of the House the following bills were introduced;

By Mr. Niblack :

House bill No. 208. An act limiting actions on forfeited recog-
nisances.

The bill was read and passed to a second reading.

By Mr. Miller:

House bill No. 209. An act entitling attorneys to liens' on judg-
ments for their services.

The bill was read, and passed to a second reading.

By Mr. Kendrick:

■ House bill No. 210. An act supplemental to an act entitled "An

477

act to provide for a general system of Common Schools, the offi-
cers thereof, and their respective powers and matters properly con-
nected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,"
approved March 11, 1861.

The bill was read, and passed to a second reading.

Mr. Mason moved to take from the table his resolution relative
to the distribution of arms.
Not agreed to.

The House adjourned until 1^ o'clock, P. M.

U o'clock, p. M.
The House met.

The order of business was suspended and the following bills were
introduced, read the first time and passed to a second reading.

By Mr. Howk : .

House bill No. 211. An act electing to the United States of
America, jurisdiction over certain lands and their appurtenances in
the county of Floyd, and exempting the same from taxation.

By Mr. Spencer :

House bill No. 212. A bill to authorize and empower the School
Corporations of any incorporate town or city in the State of Indiana,
to borrow money for the purchase of grounds upon which to con-
struct School Houses, and for the construction of School Houses on
the same, and to authorize and empower such School Corporations
to issue bonds for such borrowed money, and providing a special
tax for the payment of such bonds and the interest thereon.

By Mr. Blocher :

House bill No. 213. An act to amend the 45th section of an

478

act entitled "An act to provide for the opening, vacating, and
change of highways," approved June 17, 1852.

By Mr. Nev^man :

House bill No. 214. An act to amend the third section of an
act entitled "An act to regulate and license the sale of spirituous,
vinous, malt, and other intoxicating liquors, to prevent the adulte-
ration of liquors, to repeal all former laws contravening the provi-
sions of this act, and prescribing penalties for violation thereof,"
approved March 5, 1859.

By Mr. Hall:

House bill No. 215. An act to establish an Agricultural Col-
lege, to teach such branches of learning as are related to Agricul-
ture and the Mechanic Arts, military tactics. Normal school in-
struction, and such other scientific and classical studies as the
General Assembly, or the Board of Trustees of said College may
direct; and to appropriate revenues for its endowment, support,
and maintenance, and to provide a Board of Trustees for its man-
agement.

By Mr. Rippey :

House bill No. 216. An act to amend the 129th section of an
act entitled "An act to revise, simplify, and abridge the rules, prac-
tice, pleadings, and forms, in criminal actions, in the courts of this
State, approved June 17, 1852.

By Mr. Woodruff":

House bill No. 217. An act to repeal the 57th section of an act
entitled an act defining felonies, and prescribing punishment there-
for, approved June 10, 1852.

By Mr. Waterman :

House bill No. 218. An act to provide for the collection of the
Surplus Revenue Fund on loan at the State Treasury, and for the
payment of the same over to the counties to which it belongs.

By Mr. Gregory :

House bill No. 219. An act to protect farmers, and those en-

479

gaged in stock raising, from the unlawful conduct of sportsmen
and those engaged in hunting game on lands, farms, and pastures,
without the owners consent.

By Mr. Cook:

House bill No. 220. An act to enforce the 13th article of the
State Constitution, providing the duties of certain officers therea-
bout, and compensation therefor.

]\Ir. Humphreys, by consent of the House, made the following
report:

Mr. Speaker :

The Committee on Fees and Salaries, to whom was referred a
memorial from R. D. Brown, former State Librarian, in regard to
the salary of said Librarian, have duly considered the same, and
have instructed me to report the same back to this House, and
recommend that it be referred to the Committee on Ways and
Means.
- The report was concurred in. "

By Mr. Hanna :

House bill No. 221. A bill providing for the organization of the
Indiana militia, for a military tax, and for other matters properly
connected with the militia of the State.

Mr. Hanna moved that the constitutional provision be suspended,
and the bill read the second time now.

]\Ir. Cason moved to lay the motion to suspend the rule on the
table.

On which latter motion, ,

Messrs. Cason and Anderson demanded the ayes and noes.

Those ivho voted in the offirmalive loere —

Messrs.

Forrester,

Kendrick,

Noyes,

Abdm,

Gregory,

Kilgore,

O'Brien of H.

Anderson,

Griffith,

Lamb,

Pettibone,

Baker,

Hershey,

Leeds,

Robinson,

Beyerle,

Higgins,

Marshall,

Roe,

480

Branham,

Hostetter,

Moorman,

Stone,

Budd,

Hutchings,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Bus kirk and

Chambers,

Johnson,

Newman,

Woodruli— 37.

Davis,

Jones,

Those who voted in the ne

g-ative were —

Messrs.

Harden of W.,

Lee,

Ptiett,

Abbett,

Hardin of Perry, Lemmon of H.,

, Richardson,

Bird,

Harney,

Lemmon of S.,

Rippey,

Blocher,

Hetfield,

Mason,

Roberts,

Brogan,

Holcomb,

McCaughey,

Shaffer,

Brown,

Hon,

Miller,

Shoaffof Allen,

Burton,

Howard,

Milroy,

Shoaff of Jay,

Collins,

Howell,

Mutz,

Spencer,

Cook,

Howk,

Ni black,

Veach,

Donaldson,

Humphreys,

O'Brien of M.,

Waterman,

Garvin,

Kemp of Dubois, Osborne,

Williams,

Given,

Kemp of Vigo,

Packard,

Wolfe, and

Hall,

Lake,

Pendleton,

Mr. Speaker-53.

Hanna,

Lasselle,

So the motion was not laid on the table.
The question being on the suspension of the rule,
' Those ivho voted in the affirmative were —

Messrs.

Abbett,

Bird,

Blocher,

Brogan,

Burton,

Collins,

Cook,

Donaldson,

Garvin,

Given,

Hall,

Hanna,

Harden of W.,

Hardin of Perry,

Harney,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Humphreys,

Kemp of Dubois,

Kemp of Vigo,

Lake,

LassellS,

Lee,

Leeds,

Lemmon of H.,

Lemmon of S.,

Mason,

McCaughey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Pen.dleton,

Puett,

Richardson,

Rippey,

Roberts, '•■

Shaffer,

Shoaffof Allen,

Shoaff of Jay,

Spencer,

Veach,

Waterman,

Williams,

Wolfe, and

Mr. Speaker-52.

481
Tliose who voted in the negative were —

Messrs.

Forrester,

Kendrick,

Noyes.

Abdill,

Gregory,

Kilgore,

O'Brien of H.,

Anderson,

Griffith,

Lamb,

Pettibone,

Baker,

Hershey

I-ieeds,

Robinson,

Beyerle,

Higgins,

Marshall,

Roe,

Branham,

Hostetter,

Moorman,

Stone,

Budd,

Hutchings,

Morgan,

Tarkington,

Cason,

James,

Mustard,

Van Buskirk and

Chambers,

Johnson,

Newman,

Woodruff— 37.

Davis,

Jones,

So the rule was not suspended.

The bill was passed to a second reading.

By Mr. Lasselle :

House bill No. 222. An act to furnish sheriffs or other ministe-
rial officers who having gone out of office, or shall hereafter go out
of office, shall fail to return executors or other final process in
their hands.

By Mr. Waterman:

House bill No. 223. An act to provide for the holding of terms,
or days, or parts of terms of the several circuit and common pleas
courts in this State, in cases where the judges thereof fail to
attend and hold said courts, and to provide for the payment of the
persons appointed to hold such courts in such cases, and repealing
all laws and parts of laws coming in conffict with this act.

By Mr. Lasselle :

House bill No. 224. An act to amend section fifty-two of an
act entitled "an act to authorize and regulate the business of gene-
ral banking," passed the House and Senate of the General Assem-
bly, the Governor's objection notwithstanding, on the 3d day of
March, 1855.

By Mr. Howk:

House bill No. 225. An act providing for the reduction of the
H. J.— 31

482

par value of the shares of the capital stock of private corporations
of this State.

BILLS ON THEIR SECOND READING.

The following bills were read the second time :

House bill No. 169. An act prohibiting any person from enter-
ing upon the lands of another, without the consent of the owner or
occupant, and fixing the punishment for a violation of the provis-
ions of said act.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 170. An act to amend the first section of an act
entitled " an act to amend the fourth section of an act entitled 'an
act to fix the times of holding the common pleas courts in the seve-
ral counties of this State, the duration of the terms thereof, and
making all process from the present common pleas courts return-
able to such terras, and declaring when this act shall take effect,
and repealing all laws inconsistent therewith,' approved March 5,
1859, and providing for the return of process, to the terms fixed by
this act, and declaring when this act shall take ettect," approved
March 11, 1861, and providing for the return of process to the
term fixed by this act, and declaring when this act shall take effect.

Ordered to be engrossed.

House bill No, 171. An act to amend section two of an act en-
titled "an act in relation to county auditors,' approved May 31,
1852, and increasing the amount of the penalty of the bonds of
county auditors.''

Referred to the Committee on County and Township Business.

The order of business was suspended and Mr. Harney presented
a petition asking that the temperance law be amended.
Referred to the Committee on Temperance.

Mr. Priest offered the following resolution :

Resolved, That a committee of five be appointed, whose duty it
shall be to make all necessary arrangements for the raising of the
national flag to the dome of the capitol on the 23d instant, and

483

invite orators to be present on that occasion, and address the
people.
Adopted.

The Speaker appointed Messrs. Priest, Tarkington, Packard,
Van Buskirk, and Ptoberts said committee.

Mr. Shoaff of Allen made ihe following report from the Commit-
tee on County and Township Business :

Mr. Speaker :

A majority of the Committee on County and Township bu.siness,
to whom was referred House bill No. 63, entitled "An act provid-
ing for the taxing of dogs, and for the payment of damages sus-
tained in the maiming or killing of sheep by dogs, and providing
penalties for the violation of any of the provisions of said act by
officers and others; and, also, repealing an act to license dogs, ap-
proved March 11, 1861, with a proposed amendment thereto," would
respectfully report that they have had the same under consideration,
and now report the same back with several amendments, upon the
adoption of which, they respectfully recommend its passage :

1st. Amend by striking out the words "Township Treasurer,"
wherever they occur, and insert "Towni^hip Trustee."

2d. Strike out the words " to the Township Treasurer," at the
close of the third section.

3d. Strike out the words "cause and order to be drawn for the
same upon the Township Treasurer, who shall," in the seventh and
eigth lines of section 5.

4th. Strike out the word " Treasurer," in the second line of the
sixth section.

The bill, report and amendments were referred to the Committee
on the Judiciary.

On motion, the House Took up

House bill No. 109. "An act for the relief of borrowers of the
Sinking Fund, and to amend section 1 of an act for the relief of
borrowers of the Sinking Fund," approved March 9, 1861 ;

Which was read the third time.

The question being, shall the bill pass ?

484

Those ivho voted in the affirmative were —

Messrs.

Abbett,

Abdill,

Beyeile,

Bird,

Bloc her,

Bran ham,

Brogan,

Budd,

Burton,

Cason,

Chambers,

Collins,

Cook,

Davis,

DeBruler,

Donaldson,

Ferns,

Forrester,

Garvin,

Given,

Gregory,

Griffith, Lamb,

Hanna, Lasselle,

Harden of "VV., Lee,
Hardin of Perrv, Leeds,

Hershey,

Hetfield,

Higgins,

Holcomb,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

Hutchings,

Johnson,

Jones,

Lemmon of H.,

Lemmon of S.,

Mart^hall,

Mason,

McCaughey,

Miller,

Milroy,

Moorman,

Morgan,

Mustard,

Mutz,

Newman,

Niblack,

Kemp of Dubois, Noyes,
Kemp of Vigo, O'Brien of H.,
Kendrick, O'Brien of M.,

Kilgore, Osborne,

Lake, Packard,

Pendleton,

Perry,

Pettibone, ■

Priest, -I

Puett,

Richardson,

Rippey, >

Robinson, ■

Roe,

Shaffer,

Shoaff of AUen,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Waterman

Williams,

Wolfe,

Woodruff, and

Mr. Speaker-87.

Mr. Anderson voting in the negative.* "'

So the bill passed.

Mr. Miller moved to amend the title by striking out " An act en-
titled," where it first occurs.
Adopted.

House bill No. 172. An act to provide for the regulation of fare
charged by railroad corporations, or companies, for the transporta-
tion of passengers on railroads, and prescribing penalties for the
violation of this act.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 173. A bill to amend sections 152, 173, 199 and
578 of chap 1 of an act entitled "An act to revise, simplify and
abridge the rules, practice, pleadings and forms in civil cases in the

485

courts of this State, to abolish distinct forms of action at law, and
to provide for the administration of justice in a uniform mode of
pleading and practice, without distinction between law and equity,"
approved June 18, 1852.

RefeiTed to the Committee on the Judiciary.

Hovise bill No. 174. An act to amend section 1st of an act en-
titled "An act providing for the election and qualification of Jus-
tices of the Peace, and defining their jurisdiction, powers and du-
ties in civil cases," approved June 9, 1852.

Referred to the Committee on County and Township Business.

House bill No. 175. An act to amend sections 78 and 84 of an
act entitled " An act to provide for a general system of Common
Schools, the officers thereof, and their respective powers and duties,
and matters properly connected therewith, and to establish Township
Libraries, and to repeal all law^s inconsistent therewith," approved
March 11, 1861.

Referred to the Committee on the Judiciary.

House bill No. 176. An act to autliorize Constables to admin-
ister all oaths necessary in the discharge of their official duties.
Referred to the Committee on County and Township Business.

House bill No. 177, "An act supplemental to an act providing
for the redemption of real property, or any interest therein, sold on
execution or order of sale, and providing for the issuing of cer-
tificates of purchase in such cases, and for the execution of convey-
ances, and repealing all laws in conflict therewith," approved June
4, 1861.

Referred to the Committee on the Judiciary.

House bill No. 178. An act regulating section nine of an act
entitled " An act defining certain felonies and misdemeanors, and
prescribing punishment therefor, and providing for certain evidence
on the part of the State," approved February 22, 1861.

Referred to the Committee of Ways and Means.

House bill No. 179. An act amending the providing clause of
section thirty-two, and repealing the first providing clause of sec-
tion thirty-three of an act entitled " An act regulating the fees of
officers, and repealing former acts in relation thereto," approved
March 2, 1855.

486
Referred to the Committee oti the Judiciary.

House bill No. 180. An act to amend an act entitled " An act
to amend section 467 of an act entitled ' An act to revise, simplify
and abridge the rules, practice, pleadings, and forms in civil cases
in the courts of this State; to abolish distinct forms of action at
laAV, and to provide for the administration of justice in a uniform
mode of pleading and practice, without distinction between law
and equity,'" approved June 18, 1852; approved February 2, 1855.

Ordered to be engrossed.

House bill No. 181. An act to amend the 122d section of an
act en'iitled an act providing for the election and qualification of
Justices of the Peace, and defining their jurisdiction, powers and
duties in civil cases, approved June 9, 1852.

Referred to the Committee on the Judiciary.

House bill No. 182. An act to amend sections Nos. 12, 13, 25,
27, 32, 83, 43, 97, 107, 125, 156, 162, and to repeal section No. 137
of an act entitled " An act to provide for a general system of Com-
mon Schools, the officers thereof, and their respective powers and
duties, and matters properly connected therewith, and for the
establishment and regulation of Township Libraries, and to repeal
all laws inconsistent therewith.

Referred to the Committee on Education.

House bill No. 183. An authorizing County Commissioners to
prevent the running at large of hogs under certain restrictions, and
prescribing penalties therefor.

Referred to the Committee on County and Township Business,

House bill No. 184. A bill amending section second of an
act entitled " An act to regulate the sale of the Swamp Lands do-
nated by the United States to the State of Indiana, and to provide
for the draining and reclaiming thereof, in accordance with the
condition of said grant," approved May 9, 1852.

Referred to the Committee on Swamp Lands. «

House bill No. l85. An act to amend section eight of an act
entitled an act authorizing the construction of plank, McAdamized
and gravel roads, approved May 12, 1852.

Referred to the Committee on Roads. . '

487

House Bill No. 186. An act to amend section one of an act to
authorize the formation of companies for the detection and appre-
hension of horse thieves and other felons, and defining their powers,
approved March 9, 1853.

Referred to the Committee on the Judiciary.

House bill No. 189. An act for the relief of Samuel H. Patter-
son, late lessee of the Indiana State Prison.
Ordered to be engrossed.

House bill No. 190. An act to amend an act entitled " An act
to provide for a general system of Common Schocls, the officers
thereof, and their respective powers and duties, and matters pro-
poily connected therewith, and for the establishment and regulation
of Township Libraries, and to repeal all laws inconsistent there-
with," approved March 11, 1861.

Referred to the Committee on Education. . . ,

The House adjourned until to-morrow, at 9 o'clock, A. M.

WEDNESDAY, 9 o'clock, a. m.
February 18, 1863.

House met.

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Bird :

A petition of Ann Vizard, praying that the act of 1861 may be
declared retrospective in regard to inheritance of certain lands, and
to release the title of the State therein.

Referred to a select committee of five.

By Mr. Shoaff" of AUen :

A remonstrance from the citizens of Allen county against any
changes in the collection laws.

488

Referred to the Committee on the Judiciary.

By Mr. Hardin of Perry :

A Petition asking the release of certain lands from taxation for
school purposes.

Referred to the Committee on Education.

By Mr. O'Brien of Martin :

A petition from citizens of the town of Memphis, praying a
change of name of the town of Memphis.

Referred to the Committee on County and Township Business.

REPORTS FROM STANDING COMMITTEES.

By Mr. Branham, from the Committee of Ways and Means :

Mr. Speaker:

The Committee of Ways and Means, in compliance with the
provisions of the 5th section of the act of the 4th of May, 1861,
authorizing the Governor of this State to issue two millions of
bonds for the public defense, and to repel invasion, beg leave to re-
port that on the 22d of January, 1863, in conjunction with the Fi-
nance Committee of the Senate, they carefully examined, counted,
burned and destroyed, at the office of the Auditor of State, in this
city, the six per cent war loan bonds described in the following list,
and redeemed during the last two years, amounting, in the aggre-
gate, to the sum of ^744,500, viz:

489

Nos.

N.i~.

No^;

Nos.

No-.

Nus.

Nn-.

Xos.

N -.-.

Ni)^.

Nil.

Kos.

Nus.

Nos.

Ni)s.

N.js.

No-.

Nos.

No.s.

1.18 to 187.
338 to 437

1.-8 to -j:*?.

43,S to .54T.
■I'M to L'HT
7(i:i to T()8.
288 to 31J.
121) to 137.
.S51 to S'lt).

i;ni to 0:10.

636 to 641).
631.
641 to 650.
7'il to 714
7.'..'; to 790.
,sll 10 820
313 to 337
6.">1 to 680
71.'i to 744
821 to 845
1,561 to 1,
l,5Sfi tol,
1,100 to 1,
1,79-2 to 1,:
2,052 to 2,

No. of bonds destroyed.

Amount of Each.

Total ..Vmount.

50.

100 ' 1,000..

50 ' 1,000..

110 ' 1 000..

50 , 1,(00..

6 1 1,000..

25 I 1,000..

12 ! 1.000..

$1,000 .$.'•.0

100,

l.rOO..

....

5iSi5

.009

30- 1,000

5 ; l.tiOO.....

1 I 1,000.....

10 ...1

6 i

36 i

10 i

25 ; 1,000

30 i 1,000

.30 I,n00..

25„ 1,000

25 ! 1,000 (

24 1.000 )

2.". ; 1,000

9 i 1,000

149 ' 500

1,0011 10,

1.000.. 6,

1.000 36

i,noo 10

100
000
000
000
000
000
,000
000
000
000

000

,000
,000

,000

000
,000

,000
,000

361

25,000

9,000

. 74,500

.*,'7 '14,500

And thereupon the committee counted and burned the interest
coupons on bonds No?. 1,792 to 1,800, inclusive ; also on bonds
Nos. 1,190 to 1,214; also on bonds Nos. 2,052 to 2,200, inclusive;
all of which were due on the first of May, 1862, and surrendered by
the Loan Commissioners to the Auditor of State.

By Mr. Bird, from the same committee:

Mr. Speaker :

The Committee of Ways and Means of this House, in conjunc-
tion with the Finance Committee of the Senate, in compliance
with the provisions of the fifth section of the act of the 4th of
May, 1861, authorizing the Governor of this State to issue two
millions of bonds for the public defense, and to repel invasion, beg
leave :o report that on the 23d day of January, 1863, they carefully
examined, counted, burned, and destroyed, at the othce of the Au-
ditor of State, in this city, the coupons of interest on the six per
cent. Indiana War Loan Bonds, numbered and described as fol-
lov\''s, which coupons fell due on the first day of May, 1862, but
were withheld from sale by the; Loan Commissioners for the rea-
son that such sale did not take place until after the date named ;
viz:

490

Value.

No. of Col

ipons, 3— From 1,178 to 1,1^0

$30

l_From 1,181

((

8— From 1,182 to 1,189

((

42_From 1,215 to 1,256

49— From 1,952 to 2,000

((

51— From 2,001 to 2,051

154

Total.

.^90
30
240
1,260
735
765

^3,120

The committee, at the same time and place also carefully exam-
ined, counted, burned, and desti'oyed interest coupons of six per
cent. War Loan Bonds, which liad fallen due on bonds sold by the
Loan Commissioners, and the half yearly interest on which was
duo to the bondholders on the first of May, 1SB2, which coupons
are described as follows :

No. of Coupons 1,047, value $30, total 831,410.
" 149, " 15, " 2,235.

1,196

l$33,645.

The committee also, at the same time and place, carefully exam-
ined, counted, burned, and destroyed interest coupons of six per
cent War Loan Bonds, which had fallen due and were payable on
all bonds sold previous to November 1, 1862, and the half yearly
interest on which became due on said day. These coupons are as
follows :

No. of Coupons 1,043, value $30, total $31,290.
» 249, " 15, » 3,735.

1.292

835,025.

By Mr. Jones, from the same committee :

Mr. Speaker:

The Committee of Ways and Means beg leave to report that on
the 23d day of January, 1863, acting in conjunction with the Fi-
nance Committee of the Senate, they carefully examined, burned,
and destroyed the following described Treasury Notes, or Scrip, of

491

1840 and 1842, which had been redeemed by the Auditor of State
during the last two years, viz :

Two Treasury Notes of $50 each, drawing 6 per cent.. . -ii^lOO 00
Twenty seven Treasury Notes of $5 each, drawing 6 per

cent 13-3 00

Four Treasury Notes of $5 each, drawing | of 1 per cent. 20 00

Of the total value of $255 00

By Mr. Niblack, from the same committee :

Mr. Speaker :

The Committee on Ways and Means, to which was referred the
communication of the Hon. W. H. Talbott, President of the Board
of Sinking Fund Conmiissioners, have had the same under con-
sideration, and have instructed me to report the accompanying bill,
and recommend its passage :

House biU No. 226. An act for the loaning and investment of
the Sinking Fund, prescribing the manner of making such invest-
ment, and defining the duties of the Commissioners of the Sink-
ing Fund, the Auditor and Treasurer of State in connection there-
with, and to repeal an act entitled "an act for the investment', dis-
tribution, and safe keeping of the funds arising from the one hun-
dred and thirteenth and one hundred and fourteenth sections of an
act establishing a State Bank, approved January 8, 1834, and pro-
viding for the purchase of bank bonds, and prescribing the duties
of certain officers therein named, approved March 1, 1859.

The bill was read, and passed to a second reading.

By Mr. Puett, from the same committee :

The Committee of Ways and Means of the House, beg leave
to report, that on the 24th day of January, 1863, in conjunction
with the Finance Committee of the Senate, in the office of the
Auditor of State, in this city, they examined the " Statement of
the Free Banks of Indiana," and with a single exception, find the
annexed printed statement, as to the bonds and securities deposited
with the Auditor, to secure the redemption of their notes in circu-
lation, to be in all respects correct. The exception referred to is the
" Southern Bank, Terre Haute," in which it appears the original

492

amount of security deposited has been lessened ten thousand dol-
lars by the withdrawal of California Seven Per Cent. Bonds, to
that amount. The security, however, without these bonds, is
deemed ample, and as good as the average of the other Banks em-
braced in the list. It may be proper to add by way of explana-
tion, that the sum of fifteen hundred and six dollars mentioned
under the head of "exchange," in the list of securities deposited
by the "Salem Bank, Goshen," is the amount of interest on Five
Per Cent. Indiana Stocks, in the hands of the Auditor, and
retained by that officer as additional security for the redemption of
the c-ire-ulation of the Bank.

STATEMENT OF THE FREE BANKS OF INDIANA.

Officp; of Auditor of State, )
Indianapolis^ January 20, 1863. j

Banks continuing under the Laiv:

^ BANK OF GOSHEN, GOSHEN.

Indiana 5s 83,000

Indiana 2^s 57,502

Indiana 6s 50,000

a 110,502
Circulation $81,247

BANK OF SALEM, SALEM.

Missouri 6s., (H. & St. Jo.) $30,000

United States 6s 45,000

$75,000
Circulation 59,065

BANK OF PAOLI, PAOLI.

Louisiana 6s $33,000

Missouri 6s 30,000

$63,000
Circulation 25,110

493

BANK OF CORYDON, CORYDON.

Indiana 5s, C. B 821,000

Indiana 5s 10,000

Indiana 2is 10,000

Indiana War 6s 24,000

North Carolina 6s 9,000

Tennessee 6s 6,000

880,000
Circulation 60,000

BANK OF SALEM, XEW ALBANY.

Indiana 6s $29,000

Indiana 5s 1,000

Indiana 2is 15,000

Missouri 6s 10,000

United States 6s 64,000

$119,000
Circulation 95,287

BANK OF ELKHART, ELKHART.

Missouri 6s $30,000

Indiana 5s 37,000

Indiana 6s 3,000

•S70,000
Circulation 45,892

SOUTHERN BANK, TERRE HAUTE.

California 7s 810,000 00

Indiana 5s 70,000 00

Indiana 2^8 42,747 50

$122,747 50
Circulation 89,950

494

BANK OF MOUNT VERNON, MOUNT VERNON.

Indiana 2^s $23,315

Indiana 5s 49,000

Indiana War 6s 10,000

$82,315
Circulation 50,648

INDIANA BANK, MADISON.

Indiana 2As $48,077 50

Indiana 5s 66,500 00

United Spates 7 3-lOs 70,500 00

United Slates 6s 60,700 00

■$245,777 50
Circulation 200,000

PRAIRIE CITY HANK, TERRE HAUTE.

Indiana War 6s $14,000

Indiana 5s 15,000

Indiana 2^s 10,000

Missouri 6s 26,000

$65,000
Circulation 38,553

PARKE COUNTY BANK, ROCKVILLE.

Indiana 5s 8110,000

Indiana 2^8 1,000

$111,000
Circulation 84,231

495

CAMBRIDGE CITY BANK, CAMBRIDGE CITY,

Indiana 2Js ^86,334 _ .-

Indiana War 6s 10,000

$96,334
' Circulation 57,700

EXCHANGE BANK, GREENCASTI.E.

Indiana 2is $88,758

United States 6s 76,000

United States 7 3-lOs 500

Indiana War 6s 55,000

8220,258
Circulation 173,056

SALEM BANK, GOSHEN.

Louisiana 6s $41,000 * ^

Indiana 5s 10,500

Indiana 2is 13.000

Exchange on Int 1,505

$66,005
Circulation 51,425

EXCHANGE BANK, ATTICA.

Indiana 2Js $83,810

Circulation 47,887

J^^ The above statement exhibits the condition of the Free
Banks, January 1, 1868.

In the statement previously published, several typographical
errors were overlooked, showing incorrect amounts. The above is
correct.

ALBERT LANGE,

Auditor of State.

Considering that the circulation of the " Salem Bank, Goshen,"
is $51,425, and that of the $66,005 deposited with the Auditor to

496

secure the redemption of its notes, the large sum of ^41,005 is in
Louisiana 6s, the committee are of the opinion that additional
security should be demanded of the stockholders, in order to com-
ply with the spirit and intent of its charter, and avoid all risk of
loss by the bill holders, or that they be required to withdraw such
amount of the notes now in circulation as will, in the opinion of
the Auditor, render the present security sufficient to cover aU liabil-
ities.

By. Mr. Howk, Chairman of the Committee on the Judiciary :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 21, entitled "An act regulating interest on
the loan of money," together with a petition from the citizens of
Allen county, in relation to the same subject ;

To respectfully report that they have had the same under consid-
eration, and they are of the opinion that the passage of said bill
would be inexpedient; they therefore recommend that said bill and
petition lie upon the table.

The report was concurred in.

By the same :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 127, entitled "An act to secure the ser-
vice of process against corporations created by the laws of other
States, in actions against such corporations, pending, or which may
hereafter be brought in the courts of this State where such corpo-
rations have no officer or persons doing business in the counties of
this State where actions may be pending, or may be commenced;"

To respectfully report that they have had the same under consid-
eration, and they are of the opinion that the passage thereof is in-
expedient; they therefore recommend that said bill lie upon the
table.

The report was concurred in.

By Mr. Packard, from the same committee :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom

497

was referred House bill No. 67, entitled "An act to amend section
4 of an act entitled an act regulating interest on money," and to re-
peal an act entitled "An act concerning interest on money," ap-
proved May 27, 1852; the first section of the act defining misde-
meanors, and prescribing punishment therefor, approved June 14,
1852, and all other laws and parts of laws in conflict therewith, ap-
proved March 7, 1861 ;

To respectfully report that they have duly considered the same,
and they are of the opinion that the passage thereof is inexpedient;
they therefore recommend that said bill lie upon the table.

The report was concurred in.

By the same :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 137, entitled "An act supplemental to an
act regulating interest on money, approved May 27, 1852 ; the 51st
section of the act defining misdemeanors, and prescribing punish-
ment therefor, approved June 14, 1852, and all other laws and parts
of laws in conflict with this act," approved March 7, 1861 ;

To respectfully report that they have duly considered the same,
and they recommend that said bill be amended by inserting imme-
diately after the word " set off," in next to the last line of the first
section thereof, the word "payment," and when so amended, they
recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Lake, from the same committee:
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 12, entitled "An act for the relief of Jo-
seph M. Dorr,"

To respectfully report that they have had the same under consid-
eration, and they herewith return said bill to this House, and recom-
mend the passage thereof.

The report was concurred in, and the biU ordered to be engrossed.

By Mr. Burton, from the same committee :
H. J.— 32

498

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 15, entitled "An act authorizing rail-
road companies to make extensions or branches in certain cases,
and to take stock in railroad bridges ; "

To respectfully report that they have had the same under consid-
eration, and they iccommend that said bill be amended by adding
to the first section thereof, the following words, to-wit : " Provided,
Tliat any such bridge at the terminus of said road shall be so con-
structed as to admit the passage of vehicles, foot passengers, and
for general purposes," and when so amended, they recommend the
passage thereof.

The report was concurred in, and the amendment was adopted.

The bill was read the third time.

The question being, shall the bill pass ?

Those who voted in the affirmative were —

Messrs.

Griffith,

Lake,

Perry, •

Abbett,

Hall,

Lamb,

Pettibone,

Abdill,

Hanna,

Lee,

Priest,

Beyerle,

Harden of W.,

Leeds,

Puett,

Bird,

Hardin of Perry

Lemmon of H.,

Reitz,

Blocher,

Her^^hey,

Lemmon of S.

Richardson,

Branham,

Hetfield,

Marshall,

Rippey,

Brogan,

Higgins,

McCaughey,

Roberts,

Brown,

Holcomb,

Miller,

Robinson,

Budd,

Hon,

Milroy,

Roe,

Burton,

Hostetter,

Moorman,

Shaffer,

Cason,

Howell,

Morgan,

Shoaff of Allen,

Cass,

Howk,

Mustard,

ShoatF of Jay,

Chambers,

Hutchings,

Mutz,

Spencer,

Collins,

James,

Niblack,

Stone,

Davis,

Johnson,

Noyes,

Tarkington,

De Bruler,

Jones,

O'Brien of H.,

Van Buskirk,

Donaldson,

Kemp of Dubois

,, O'Brien of M.,

Veach,

Forrester,

Kemp of Vigo,

Osborne,

Williams,

Garvin,

Kendrick,

Packard,

Woollen, and

Given,

Kilgore,

Pendleton,

Mr. Speaker -84

Gregory,

499

Those luho voted in the neg-ative ivere —

Messrs. Ferris, Howard, and Woodruff" — 3.

So the bill passed.

By consent of the House, Mr. Given offered the following reso-
lution :

Resolved, That the Coixunittee on the Judiciary, to whom was
referred House bill No. 91, be discharged from further consideration
of said bill, and that the same be referred to a Special Committe'e
of five.

Adopted.

By Mr. Burton, from the same committee :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 47, entitled " An act legalizing the acts
of certain civil officers in this State, who have entered the military
service of the United States, and whose duties have been discharg-
ed by deputies during their absence," to respectfully report that
they have duly considered the same, and they recommend that said
bill be amended by striking out all that occurs between the word
"duty," in the fifteenth line of the first section of said bill, and the
word "be" in the twenty-third line of said section, and when said
bill is so amended, they recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Packard, Chairman of the Committee on the affairs of
the State Prison North.

Mr. Speaker: ' .

The Committee on the State Prison North, would respectfully
report that they have visited and examined said prison ; they find
that the board of control of said prison have procured the erection
of work shops by one David J. Silvers, Contractor, at an expense
to the State of si42,539 79, f&14,591 92 of which has been paid in
materials and labor furnished said Silvers by the State, leaving a
balance due Silvers of -f 27,947 87, for the payment of which the
Committee would recommend an appropriation to be made at once.

500

The Committee further find that in the support of said prison,
and for the salaries of the officers thereof, the board of control have
contracted a debt of ^22,403 82, which ought to be paid at once,
the committee would therefore recommend an appropriation for
that purpose. The committee are of the opinion that, for the wel-
fare and success of the prison, certain work already begun, ought
to be completed at as early a day as possible, to wit : — The stack
of the engine house, so much of the cell house as would accommo-
date 300 convicts, and the walls and towers of the prison ; to this
end, and for the support of said prison until the next General As-
sembly shall meet, the committee would recommend an appropri-
ation of 8125,000 00.

The Committee regard the purchase by the board of control, of a
tract of land as a clay pit, alluded to by them in their Annual Re-
port, as a good investment, and will, at an early day, report a bill
confirming said purchase.

The Committee, upon examination, found there was a difi'erence
between the measurement of work by Mr. Stumph, the Architect
selected by Governor Morton, and Mr. Epperson, the Superinten-
dent of the prison, and also a difference in respect to the classifica-
tion of certain portions of the work ; in order that the committee
might arrive at a correct estimate, and do equal justice to all par-
ties, they selected Mr. Ackeroyd, an Architect of some reputation,
to re-measure the w^ork, and decide as to the classification of the
disputed work. He did so and the committee have selected his re-
port as the basis of their estimate. Mr. Ackeroyd brings in for his
services, a claim of 6634 50, which the committee think exhorbi-
tantly high, they would therefore recommend that he be allowed
for said services the sum of 6150 00, and no more.

All of which is respectfully submitted.

The consideration of the report was postponed until Friday next,
at 1 o'clock P. M., and made the special order for that hour.

The Speaker laid before the House the following communication
from the President of the Institution for the Deaf and Dumb :

Institution for thf. Deaf and Dumb, )
Indianapolis, February 18, 1863. J

Hon. S. H. Buskirk,

Speaker of the House :
Sir : — In answer to the resolution of the House of Representa-

501

tives, inviting me to give, for the benefit of the members, an exhibi-
tion of the methods of instruction, and of the improvements of the
pupils under my care, at such time and place, as might be most
convenient, I respectfully inform the members of the House that I
accept their invitation, and shall be happy to give such exhibition
in the chapel of the Institution on the afternoon and evening of
Thursday, the 19th instant, and it is desired that all the members
and officers of the House of Representatives be present on the oc-

Ou motion of Mr. Branham. the invitation was, accepted.

A message from the Senate, by Mr. Vavvter, their Secretary :

Mr. Speaker:

I am directed, by the Senate to present enrolled Senate bill No.
16, for the signature of the Speaker of the House.

Senate bill No. 16. A bill prescribing the powers of convey-
ances of real estate that may be used by executors and administra-
tors, guardians, trustees and commissioners, in certain cases,
amending section 100 of the act in relation to the settlement of
decedents estates,' approved June 17, 1852, and also to repeal the
547th section of an act entitled " An act to revise, simplify, and
abridge the rules, practices, pleadings and forms in civil cases in
the courts of tliis State, to abolish distinct form of action at law,
and to provide for the administration of justice in a more uniform
mode of pleadings and practice, without distinction between law
and equity," approved June 18, 1852.

The special order being joint resolution No. 8,

Mr. Brown moved to refer the resolution to a select committee
of five, with instructions to perfect the details.

Mr. Packard moved to refer the resolution to the Committee on
Federal Relations.

Mr. Lasselle moved that the House resolve itself into a commit-
tee of the whole House, for the consideration of the special order.
Not agreed to.

Mr. Lasselle offered the followina: amendment:

502

Section 4. And be it further Resolved, That at the same time
and place of holding said election, the following propositions be,
and they are hereby submitted to a vote, by ballot, of the voters at-
tending said election, to-wit : " For a National Convention to re-
store peace and union," and " against a National Convention to
restore peace and union ;" and the vote upon such proposition shall
be had, and the return thereof made in the same manner as provided
in the preceding section for delegates ; and should the majority of
all the votes cast in the State be against the proposition for holding
a National Convention to restore peace and union, then the forego-
ing invitation for holding such convention shall be withdrawn, and
this act shall be null and of no force.

Section 5. And be it it further Resolved, That every officer,
non-commissioned and private, otherwise entitled by the laws of
this State to vote, who may Ije absent from the precinct of which
he is a resident in the military service of the United States, may,
under his hand in writing, attested by at least one witness, author-
ize any person resident in such township to cast his vote for any
such delegate or proposition above mentioned, as he may, in such
writing, designate, or failing to so designate, as such person so
authorized may himself designate or vote for ; and such vote shall
be received and counted as if such officer, non-commissioned officer
and private were personally present at such election. And the
Secretary of State is hereby authorized and directed to trasmit,
immediately after the passage of this act, one copy of the same to
each acting Colonel and Caj)tain of volunteers from this State, in
the service aforesaid, with the request, if the same be compatible
with their military discipline, to have the same read to their respec-
tive commands.

Section 6. And be it further Resolved, That the delegates above
mentioned shall be entitled to receive the same pay and mileage,
and in the same manner, as members of the General Assembly of
this State, on a certificate to that effect of the presiding ofiicers
of their respective conventions.

Section 7. And be it further Resolved, That immediately after
the passage of this act, the same shall be published for ten days
consecutively in the Indianapolis Daily Jonrnal and the Daily Slate
Sentinel, and the Secretary of State shall also cause to be published,
and furnished to the Sheriff of each county, at least one copy of
the same for each election precinct of his county, which said
Sheriff shall cause to be posted up in some conspicuous place at

503

the place of holding such election, at or immediately preceding the
opening of the polls thereat.

Mr. Griffiith moved to amend, as follows :

Amend section 2 by striking out "April" and inserting "June,"
and by adding in the proper place, "the forces now in the service
of the United States shall not be withdrawn from any State or ter-
ritory tliey may at present occupy, nor shall any existing blockade
be raised."

Mr. Niblack moved the previous question, which was seconded
by the House.

The question being on the reference of the resolution and the
amendments to the Committee on Federal Relations,
It was so referred.

By Mr. Abbott, from the Committee on Temperance :

Mk. Speaker : ,

A majority of the Committee on Temperance, to whom was re-
committed House bill No. 118, a bill defining the crimes for adul-
terating liquors, and prescribing the penalty therefor, have duly re-
considered the same, and direct me to report it back to the House,
and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Garvin, from the Committee on Corporations :

Mr. Speaker :

The Committee on Corporations, to whom was referred House
bill No.- 50, an act entitled " An act requiring railroad companies
in the State of Indiana to keep on hand, and furnish on reasonable
notice being given by persons ottering to ship live stock or other
freights over their railroads, or to or from any station or place of
shipment thereon, a sufficient number of locomotives, freight cars,
and other rolling stock, to transport such freight without delay, and
making companies failing to furnish transportation liable for dam-
ages resulting from such failure," have had the same under consid-
eration, and have directed me to report the same back to this House,
and to recommend its passage.

504

The bill and reports were referred to the Committee on Railroads.

REPORTS FROM SEI>ECT COMMITTEES.

By Mr. Lamb, from a select committee:
Mr. Speaker:

The special committee, to whom was referred House bill No. 92,
being a bill in relation to the collection of delinquent taxes by-
county treasurers, instruct me to report that they have had the
same under consideration, and herewith return the same with an
amendment, and recommend the passage of said bill, when so
amended.

Amend by striking out all after the enacting clause, and insert
the following.

Mr. Holcomb moved to concur in the report with the following
amendment :

Amend by inserting in the proper place, after "and constable," "or
such deputy as the treasurer may appoint in any township in his
county."

Mr. Bird moved that the bill, report, and amendments be indefi-
nitely postponed.

Mr. Brown moved the previous question, which was ordered.

The question being on the indefinite postponement,
It was agreed to.

By Mr. Shaffer, from a select committee :

Mr. Speaker : •

The majority of the select committee, appointed to apportion
the State for Congressional purposes, have had the same under
consideration, and instruct me to report the following bill, and
recommend its passage :

House bill No. 227. An act to divide the State into Congres-
sional districts.

The bill was read, and passed to a second reading.

By Mr. Leeds, from a select committee:

505

Mr. Speaker :

The special committee, to whom was referred House bill No.
167, an act to entitle special assistant surgeons, who have been
sent to battle fields and hospitals in cases of emergency, to draw
pay for the time they were absent on such special duty, have had
the same under consideration, and direct me to report the same
back and recommend its passage.

The report was<:oncurred in, and the bill ordered to be engrossed.

By Mr. Reitz, from a select committee, majority report :
Mr. Speaker :

The select committee, to whom was referred Senate bill No. 6,
entitled "A bill ceding to the United States of America jurisdic-
tion over certain lands and their appurtenances, in the county of
Marion, and reserving the right to serve process thereon, and ex-
empting the same from taxation, have had the same under consid-
eration, and have instructed me to report said bill back to the
House, and recommend its passage.

By Mr. Lasselle, from the same committee :

Mr. Speaker:

The undersigned, a minority of the select committee to whom
was referred Senate bill No. 6, entitled a bill ceding to the United
States of America jurisdiction over certain lands and their appur-
tenances, in the county of Marion, and reserving the right to serve
process thereon, and exempting the same from taxation, after hav-
ing duly considered the same, would respectfully report that the
passage of said bill would be inexpedient at this time, and he
would therefore recommend that the same do lie upon the table.

Mr. Spencer moved that the consideration of the reports be in-
formally passed over.

RESOLUTIONS OF THE HOUSE.

■ By Mr. Miller :

Resolved, That the Committee on the Judiciary be instructed to
inquire whether a tax per capita, on dogs, would be constitutionah
and report to this House on to-morrow morning.

506
Adopted. . -

By Mr. Holcomb:

Resolved, That the Committee on Ways and means be instructed
to inquire into the propriety of raising a fund which shall be set
apart, by laws, for the use and benelit of the sick and wounded
soldiers of our State, and that they report by bill or otherwise.

Adopted.

By Mr. Noyes :

Resolved, That the Judiciary Committee be instructed to inquire
and rpport what legislation, if any, is necessary to prevent wit-
nesses, who have testified before a grand jury, from divulging the
purport of such evidence, and thereby defeating the ends of jus-
tice.

Not adopted.

The Speaker announced the following select committee on House
bill No. 91, viz:

Messrs. Given, Harney, Ferris, Kilgore, and Gregory.

The following bills were introduced, read the first time, and
passed to a second reading:

By Mr. Gregory : ^

House bill No. 228. An act to piovide for the revision of judg-
ments, decrees and orders of confirmation, obtaiiied through fraud,
crime, and deceit.

By Ml-. Miller :

House bill No. 229. An act supplementary of an act entitled an
act establishing general provisions respecting corporations, ap-
proved June 15, 1852.

By Mr. Newman :

House bill No. 230. A bill to prevent persons from tearing
down, removing, defacing or destroying any legal advertisement,
handbills, or any public notices; prescribing punishment for a vio-
lation of this act, and defining what court shall have jurisdiction.

507

Bj^ Mr. Rippey :

Honse bill No. 231. An act to amend the 49th section of an
act to provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matters pro-
perly connected therewith, and for the establishment and regulation
of Township Libraries, and to repeal all laws inconsistent there-
wifh. approved ^darch 11, 1S61.

The House adjourned until Vj o'clock, P. M.

Ih o'clock, p. m.
The House met.
The House proceeded with the Orders of the Day.

BILLS ON THEIR THIRD READING.

House bill No. 35. An act to amend the fifth section of an act
entitled " An act to provide for the more uniform mode of doing
Township Business, prescribing the duties of certain officers in con-
nection therewith, and to repeal all laws conflicting with this act,"
approved February 18, 1859 ;

Was read the third time.

The question being, shall the bill pass ?

Those ivho voted in the affirmative were —

Messrs. Howard, O'Brien of H., Roberts,

Anderson, Johnson, Perry, Shaffer,

Brogan, Lamb, Priest, Tarkington and

Burton, Leeds, Richardson, Veach — 16.

Hostetter,

Those ivho voted in the negative were —

Messrs. Hardin of Perry, Kilgore, Osborne,

Beyerle, Hershey, Lee, Rippey,

508

Chambers,

Collins,

Cook,

Davis,

DeBruler,

Donaldson,

Forrester,

Gregory,

Harden of W,,

Hetfield,

Higgins,

Hon,

Howk,

Humphreys,

Hutchings,

James,

Lemmon of S.

Marshall,

Miller,

Moorman,

Mustard,

Newman,

Niblack,

Kemp of Duboii^.Noyes,
Kemp of Vigo, O'Brien of M.,

Robinson,

Roe,

ShoafFof Allen,

Spencer,

Stone,

Waterman,

Williams, and

Mr. Speaker-42.

No quorum voting. '

Mr. Miller moved a call of the House, which was ordered.

Those loho answered to their names ivere —

Messrs.

Given,

Kemp of Vigo,

Pettibone,

Abbett,

Gregg,

Kilgore,

Priest,

Anderson,

Gregory,

Lamb,

Reitz,

Beyerlc,

Hall,

Lee,

Richardson,

Bird,

Harden of W.,

Leeds,

Rippey,

Blocher,

Hardin of Perry

, Lemmon of S.,

Roberts,

Brogan,

Hershey,

Marshall,

Robinson,

Brown,

Hetfield,

McCaughey,

Roe,

Budd,

Higgins,

Miller, "

Shaffer,

Burton,

Holcomb,

Milroy,

ShoafFof Allen,

Cason,

Hon,

Moorman,

Shoaff of Jay,

Chambers,

Hos tetter.

Mustard,

Spencer,

Collins,

Howard,

Newman,

Stone,

Cook,

Howell,

Niblack,

Tarkington,

Davis,

Howk,

Noyes,

Van Buskirk,

DeBruler,

Humphreys,

O'Brien of H.,

Veach,

Donaldson,

Hutchings,

O'Brien of M.,

Waterman,

Ferris,

James,

Osborn,

Wihiams,

Forrester,

Johnson,

Packard,

Wolfe, and

Garvin,

Kemp of Dubois

;,Perry,

Mr. Speaker-78,

On motion of Mr. Niblack, the further call of the House was
dispensed with.

House bill No. 35 was again read.

The question being, shall the bill pass?

509

Those li'ho voted in the affirmative id ere-

Messrs.

Hall,

Lasselle,

Priest,

Anderson,

Hanna,

Leeds,

Reitz,

Brogan,

Hershey,

Mason,

Richardson,

Budd,

Hostetter,

Mustard,

Roberts,

Cason,

Howard,

O'Brien of H.,

Shaffer,

Chambers,

Johnson,

Packard,

Tarldngton,

Garvin,

Kilgore,

Perry,

Veach, and

Gregory,

Lanih,

Pettibone,

Wolfe— 31.

Those

ivho voted in the negative ivere-

Messrs.

Ferris,

James,

Noyes,

Abbett,

Forrester,

Keinp of Dt

ibois,0'Brien of M.,

Baker,

Given,

Kemp of Vi

'go.

Osborne,

Beyerle,

(xriliith,

Ijake,

Rippey,

Bird,

Harden of W.

, Lee,

Robinson,

Blocher,

Hardin of Pen

•y, Lemmon of

■s..

Roe,

Brown,

Hettleld,

Marshall,

Shoaffof Allen,

Burton,

Higgins,

McCaughej

i-i

Shoaff of Jay,

Cass,

Holcomb,

Miller, "

Spencer,

Collins,

Hon,

Milroy,

Stone,

Cook,

Howell,

Moorman,

Van Buskirk,

Davis,

Howk,

Mutz,

Williams, and

De Bruler,

Humphreys,

Newman,

Mr. Speaker-54.

Donaldson,

Hutchings,

Niblack,

So the bill did not pass.

House bill No. 75. An act to provide for the inspection of Pe-
troleum Oils for illuminating purposes, marking and branding the
same ; prescribing piMialty for selling without inspection, or for
falsely branding the cask, package or barrel containing the same, or
for violating any of the provisions of this act ; for the appointment
of Inspectors and Deputies, prescribing duties and tertns of office,
and imposing penalties for inspectors or deputies trading in any
article they are appointed to inspect ;

Was read the third time.

The question being, shall the bill pass?

Those ivho voted in the affirmative tvere —

Messrs. Gregory, Kemp of Dubois, O'Brien of H.,

Abbett, Griffith, Kemp of Vigo, Osborne,

510

Beyerle,

Hall,

Kilgore,

Perry,

Bird,

Hanna,

Lake,

Pteitz,

Blocher,

Harden of W.,

Lamb,

Richardson,

Brogaii,

Hardin of Perry

, Lasselle,

Roberts,

Budd,

Hershey,

Lee,

Robinson,

Burton,

Het field.

Leeds,

Roe,

Cason,

. Higgins,

Lemmon of S.,

Shaffer,

Cass,

Holeomb,

Marshall,

ShoafF of Allen,

Chambers,

Hon,

Mason,

Shoaif of Jay,

Collins,

Hostetter,

McCaughey,

Spencer,

Cook,

Howard,

Miller,

Stone,

Davis,

Howell,

Milroy,

Tarkington,

DeBruler,

Howk,

Mustard,

Van Buskirkj

Forrester,

Humphreys,

Mutz,

Veach,

Ferris,

Hutchings,

Newman,

Williams, and

Garvin,

James,

Noyes,

Mr. Speaker-73,

Gregg,

Johnson,

Those ivho voted in the negative were —

Messrs.

O'Brien of M.,

Pettibone,

Rippey, and

Donaldson,

Packard,

Priest,

Wolfe— 8.

Niblack,

So the bill

passed.

Mr. Spencer moved to reconsider the vote on the engrossing of
House bill No. 79, with a view to amending the same.
Agreed to.

The bill was recommitted to the Committee on the Judiciary.

House bill No. 89.. An act to amend section twenty of an act
entitled an act providing for the election or appointment of super-
visors of highways, and prescribing certain of their duties, and
those of county and township officers in relation thereto, approved
March 5, 1859 ;

Was read the third time.

Mr. Lamb moved to recommit the bill to the Judiciary Commit-
tee, with instructions to inquire into its constitutionality.
Agreed to.

House bill No. 123. An act to amend sections forty-seven and

511

forty-nine of an act entitled an act defining misdemeanors, and
prescribing punisliment therefor, approved June 14, 1852;
Was read the third time.

The question being, shall the bill pass ?

Those ivho voted in the affirmative were —

Messrs.

Garvin,

Kemp of

Vigo,

Priest,

Abbett,

Given,

Lake,

Reitz,

Beyerle,

Hall,

Lasselle,

Richardson,

Bird,

Hanna,

Lee,

Rippey,

Blocher,

Harden of W.,

Lemmon

of S.,

Roberts,

Brogan,

Hardin of Perry,

Mason,

Shaflfer,

Brown,

Harney,

McCaughey,

Shoaff of Allen,

Burton,

Hetfield,

Miller,

S hoafl' of Jay,

Chambers,

Holcomb,

Milroy,

Spencer,

Collins,

Howard,

Mutz,

Tarkington,

Cook,

Howell,

Niblack,

Veach,

Davis,

Howk,

O'Brien of M.,

Williams,

Donaldson,

Humphreys,

Osborne,

Wolfe, and

Ferris,

Kemp of Dubois

, Packard,

Mr. Speaker-55.

Those vjho voted in the negative ivere —

Messrs.

Hershey,

Lamb,

Perry,

Anderson,

Higgins,

Leeds,

Pettibone,

Budd,

Hostetter,

Marshall,

Robinson,

Cason,

Hutch ings.

Moorman,

Roe,

Forrester,

James,

Mustard,

Stone,

Gregg,

Johnson,

Newman,

Van Buskirk and

Gregory,

Jones,

Noyes,

Woodruff— 30.

Griffith,

Kilgore,

O'Brien cf H.,

So the bill passed.

The Speaker laid before the House the following communica-
tion :

Headquartes U. S. Forces, \
Indianapolis, Ind., February 18, 1863. \

Sir : — I have the honor to acknowlcge receipt of resolutions in-
viting my co-operation in the celebration of the birth-day of Wash-
ington. In time of national trial, it is especially becoming to recall

512

the early times of the Republic, that we may draw new spirit and
resolution from the example and indomitable patriotism of the
Fathers. I cheerfully respond to your courteous invitation, and
will do my part in giving distinction and character to the day thus
celebrated.

I am very respectfully, your obedient servant,

HENRY B. CARRINGTON,
Col. Eighteenth U. S. Infcmtrij Commanding.
Hon. S. H. BusKiRK, Speaker House of Rep.,

Indianapolis, Indiana.
Mr. Donaldson moved to talie from the table House bill No. 187,
and place the same on the files of the House.
Agreed to.

Senate bill No. 6. An act ceding to the United States of
America jurisdiction over certain lands and their appurtenances, in
the county of Marion, and reserving the right to serve process
thereon, and exempting the same from taxation, was again taken
up, together with the majority and minority reports accompanying
the same.

The question being on the adoption of the minority report,
Messrs. Wolfe and Roberts demanded the ayes and noes.

Those ivho voted in the affirmative ivere — -

Messrs.

Garvin,

Lee,

Priest,

Bird,

Given,

Lemmon of S.,

Reitz,

Blocher,

Hall,

McCaughey,

Spencer, and

Burton,

Lasselle,

Miller,

Wolfe— 15.

Those

ivho voted in

the negative were —

Messrs.

Hardin of Perry

, Kilgore,

Perry,

Abbett,

Harney,

Lake,

Pettibone,

Anderson,

Hershey,

Lamb,

Puett,

Baker,

Hetheld,

Leeds,

Richardson,

Beyerle,

Higgins,

Marshall,

Rippey,

Brown,

Holcomb,

Mason,

Roberts,

Budd,

Hon,

Milroy,

Robinson,

Cason,

Hostetter,

Moorman,

Roe,

Cass,

Howard,

Mustard,

Shafter,

Chambers,

Howell,

Mutz,

Shoaff of Allen,

513

Cook,

Howk,

Newman,

Shoaff of Jay,

Davis,

Humphreys,

Nil-.lack,

Stone,

DeBruler,

Hutchings,

Noyes,

Tarkington,

Ferris,

James,

O'Brien of H.,

Van Buskiik,

Forrester,

Johnson,

O'Brien of M.,

Veach,

Gi-eo-p-,

Jones,

0 shorn,

"Williams,

Gregory,

Kempof Duboif

5, Packard,

WoodruiT, and

Grii-fith,

Kemp of Vigo,

Pendleton,

Mr. Si:eaker-72.

Harden of W.,

So the report

of the minority

was not concurred in.

The majority

report was then

concurred in.

The bill was

read the third time.

The question

being, shall the

bill pass?

Those who voted in the affirmative ivere —

Messrs.

Griffith,

Lake,

Puett,

Abbett,

Hardin of Perry

, Lamb,

Richardson,

Anderson,

Harney,

Leeds,

Rippey,

Baker,

Hershey,

Marshall,

Roberts,

Beyerle,

Hetfield,

Mason,

Robii:son,

Bird,

Higgins,

Milroy,

Roe,

Blocher,

Holcomb,

Moorman,

Shaffer,

Budd,

Hon,

Mustard,

Shoaff of Allen,

Cason,

Hostetter,

Mutz,

Shoaff of Jay,

Cass,

Howell,

Newman,

Spencer,

Chambers,

Howk,

Niblack,

Stone,

Davis,

Hntchings,

Noyes,

Tarkington,

DeBruler,

James,

O'Brien of H.,

Van Bu:-kirk,

Donaldson,

Johnson,

O'Biien of M.,

Veach,

Forrester,

Jones,

O shorn.

AVilliams,

Greg-,

Kemp of Dubois, Packard,

Woodruff, and

Gregory,

Kemp of Vigo,

Petribone,

Mr. Speaker-67.

Those luho voted in the negative ivere —

Messrs.

Hall,

Lee,

Pendleton,

Burton,

Humphreys,

Lemmon of S.,

Priest, and

Garvin,

Lasselle,

Miller,

Reitz— 12.

Given,

So the bill passed.

H. J.— 33

514
A message from the Senate, by Mr. Vawter, their Secretary:
Mr. Speaker :

I am directed by the Senate to present Senate enrolled act No.
93, an act to extend the time for the completion of railroads in all
cases in which tsvo thousand dollars per mile has been expended in
their construction, and declaring at what time the act shall take
effect and be in force ; to which the signature of the Speaker is
respectfully requested.

Senate bill No. 20. An act to amend section 33 of an act enti-
tled "An act to provide for the valuation and assessment of the
real and personal property, and the collection of taxes in the State
of Indiana, for the election of Township Assessors, and prescribing
the duties of Assessors, Appraisers of real property, County Treas-
urers and Auditors, and of the Auditor and Treasurer of State,"
approved June 21, 1852 ;

Was read the third time.

The question then being, shall the bUl pass ?
Those v.iho voted in the affirmative ivere —

Messrs.

Forrester,

Johnson,

Perry,

Abbett,

Garvin,

Jones,

Pettibone,

Anderson,

Given,

Kemp of Dubois,Reitz,

Beyerle,

Gregory,

Kilgore,

Richardson,

Bird,

Hershey,

Lake,

Rippey,

Blocher,

Higgins,

Lamb,

Robinson,

Brogan,

Holcomb,

Leeds,

Roe,

Budd,

Hon,

Mason,

Shaffer,

Burton,

Hostetter,

Milroy,

Stone,

Chambers,

Howard,

Moorman,

Veach,

Davis,

Howell,

Mustard,

Wolfe,

De Bruler,

Howk,

Mutz,

Woodruff, and

Donaldson,

Humphreys,

Noyes,

Mr. Speaker-54,

Ferris,

Hutchings,

Packard,

Those who voted in the negative were —

Messrs. Hardin of Perry, Marshall, Priest,

Cook, Harney, McCaughey, Shoaffof Allen,

515

Shoaff of Jay, •
Spencer,
Tarkington,and
Williams— 25.

Gregg, Hetfield, Miller,

Griffith, Kemp of Vigo, Niblack,

Hall, Lee, O'Brien of M.

Harden of W., Lemmon of S., Pendleton,

So the bill passed.

By consent of the House, Mr. Woodruff offered the following
resolution :

Whereas, The present inflation of the currency makes it very
difficult for capitalists to find investments, by loan, for their money ;
and,

Whereas, There is a vast amount of capital seeking investment
at a rate of interest less than 6 per cent, per annum ; and,

Whereas, The law now in force providing for a system of Com-
mon Schools, does not authorize the loaning of the school funds at
a less rate of interest than 7 per cent., payable in advance, on account
of which it is to be feared that a large amount of said fund will
not find borrowers at such rate of interest, and it will, consequently,
yield less revenue to the fund ; therefore,

Resolved, That the Committee on Education be instructed to
inquire into the expediency of so amending the law as to author-
ize the loaning of said fund at a less rate of interest than is now
fixed by law, and report by bill or otherwise.

Adopted.

Senate bill No. 22. A bill to amend the 54th section of chapter
7, entitled " An act defining misdemeanors, and prescribing punish-
ment therefor," approved June 14, 1852,

Was read the third time. , '

The question being, shall the bill pass ?

Those ivlio voted in the affirmative were —

Messrs. Griffith, Kemp of Vigo, Packard,

Abbett, Hall, Kilgore, Pendleton,

Anderson, Harden of W., Lake, Perry,

Beyerle, Hardin of Perry, Lamb, . Puett,

Bird, Harney, Lee, Reitz,

Blocher, Hershey, Leeds, Richardson,

516

Brogan,

Budd,

Burton,

Cass,

Chambers,

Davis,

DeBruler,

Donaldson,

Ferris,

Forrester,

Garvin,

Given,

Gregory,

Hctfield,

Higgins,

Holcomb,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

Hutch ings,

James,

Jones,

Kemp of Du

Lemmon of S.,
Marshall,
Mason,
McCaughey,
Miller,
Milroy,
Moorman,
Mustard,
Mutz,
Niblack,
Noyes,

O'Brien of M.,
bois,Osborn,

Rippey,

Roberts,

Robinson,

Roe,

Shaffer,

Shoaff of Allen,

Shoaff of Jay,

Spencer,

Stone,

Veach,

Williams,

Wolfe, and

Mr. Speaker-75.

Mr. Cook voting in the negative.
So the bill passed.

Mr. Cass moved that House bill No. 106 be taken from the table
and placed on the files of the House.
Agreed to.

Senate bill No. 26. An act to amend the 12th section of an act
touching the relation of guardian and ward, approved June 9, 1852,
Was read the third time.

The question being, shall the bill pass ?

Those ivho voted in the affirmative were —

Messrs.

Gregory,

Kilgore,

Pendleton,

Abbett,

Griffith,

Lake,

Perry,

Anderson,

Hardin of P.,

Lamb,

Pettibone,

Beyerle,

Harney,

Lee,

Puett,

Bird,

Hershey,

Lemmon of S.,

Reitz,

Brogan,

Hetfield,

Marshall,

Richardson,

Budd,

Holcomb,

Mason,

Rippey,

Burton,

Hon,

McCaughey,

Roberts,

Cass,

Hostetter,

Miller,

Robinson,

Chambers,

Howard,

Milroy,

Roe,

Collins,

Howell,

Moorman,

Shaffer,

Cook,

Howk,

Mustard,

Shoaff of Allen,

Davis,

Humphreys,

Mutz,

Shoaff of Jay,

517

DeBruler,

Hutchings,

Niblack,

Stone, ^

Donaldson,

James,

Noyes,

Tarkington,

Ferris,

Johnson,

O'Brien of H.,

Veach,

Forrester,

Jones,

Osborne,

Williams, and

Given,

Kemp of Duboi;

3, Packard,

Mr. Speaker-73,

Gregg,

Kemp of Vigo,

Those

loho voted in the ne

'g'ative were —

Messrs.

Hall,

Leeds,

Priest— 6.

Garvin,

Higgins,

Newman, and

So the bill passed.

Senate bill No. 28 was referred to the Committee on the Judici-
ary, with instructions to inquire into its constitutionality.

Senate bill No. 32. An act to provide for the publications of
notice of the pendency of suits as against defendants whose resi-
dence is unknown. '

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Hall,

Kilgore,

Packard,

Abbett,

Harden of W.,

Lake,

Pendleton,

Anderson,

Hardin of Perry

, Lamb,

Perry,

Beyerle,

Harney,

Lee,

Pettibone,

Blocher,

Hershey,

Leeds,

Priest,

Brogan,

Hetfield,

Lemmon of S.,

, Puett,

Budd, ,

Higgins,

Marshall,

Reitz,

Burton,

Holcomb,

Mason,

Rippey,

Cass,

Hon,

McCaughey,

Roberts,

Chambers,

Hostetter,

Miller,

Robinson,

Cook,

Howard,

Milroy,

Roe,

Davis,

Howell,

Moorman,

Shaffer,

De Bruler,

Howk,

Mustard,

Shoaff of Allen,

Ferris,

Humphries,

Mutz,

Spencer,

Forrester,

Hutchings,

Newman,

Stone,

Garvin,

James,

Niblack,

Tarkington,

Given,

Johnson,

Noyes,

Veach,

Gregg,

Jones,

O'Brien of H.,

Williams,

518

Gregory, Kemp of Dubois,0'Brien of M., WoodrufFjand

Griffith, Kemp of Vigo, Osborne, Mr. Speaker,-79.

Those ivho voted in the negative were —

Messrs. Bird, Donaldson, and Richardson — 3.

So the bill passed.

By leave of the House, Mr. Howard introduced

House bill No. 232. An act to legalize the sales of lands made
by town Marshalls, in certain cases.

The bill was read, and passed to a second reading.

The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, A. M., )
February 19, 1863. j

The House met.'

The reading of the Journal was dispensed with.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to inform the House of the rassage
of the following engrossed bills of the Senate, to wit:

Senate bill No. 58. A bill to amend an act to authorize the
Board of Commissioners of the several counties in the State of In-
diana, and the authorities of any incorporate City or Town in said
State to make appropriations in certain cases, and to legalize cer-
tain appropriations therein specified, approved May 11, 1861, so as
to authorize said boards to make appropriations for bounties for
volunteers disentered.

Senate bill No. 42. A bill defining the offence of bastardy and
prescribing the punishment therefor.

519

Senate bill No. 40. A bill, section first, of an act entitled " An
act to provide for a general system of Common Schools, the offi-
cers thereof, and their respective duties and matters properly con-
nected therewith," and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,,
approved May 11, 1861.

Senate bill No. 37. A bill to amend the 12rh, 21st and 22d sec-
tions of the act entitled " An act providing for the election or ap-
pointment of supervisors of highways, and prescribing certain of
their duties and those of county and township officers in relation
thereto, approved March 5, 1854, and to make additional provisions
on the same subject.

Senate bill No. 85. A bill on the subject of Master- Commis-
sioners, their duties and compensation.

Senate bill No. 45. A bill to amend the second section of an
act entitled an act in relation to County Auditors, approved May
31, 1852.

Senate bill No. 54, or ^9, can't tell which. A bill fixing the
amount of fees to be paid into the State Treasury, for the services
of the Auditor and Secretary of State, in certain cases, repealing
all laws in conflict therewith, and amending the fourth section of
an act supplemental to the Swamp Land Act, approved June 14,
1852.

Senate bill No. 74. A bill to fix the time of holding the Com-
mon Pleas Court in the Fifth District, and to repeal all other laws
on the same subject.

Senate bill No. 112. A bill for an act to amend the seventh sec-
tion of an act entitled " An act to provide for the election of a Re-
porter, and decisions of the Supreme Courts, and for the compen-
sation of such Reporter," approved February 5, 1852.

Senate bill Nq. 13. A bill requiring all corporations formed, or
which may hereafter be formed for the purpose of constructing,
owning, controlling or operating all Railroads in the State, to elect
three-fourth of the members of the Board of Directors from Stock-
holders, resident in the State, and affixing certain penalties for non-
compliance with the provisions of this act. ^

520

St'oafe bill No. 57. A bill to allow County Commissioners to
organize turnpike companies when a majority of persons represent-
ing the real estate within prescribed limits petition for the same,
and levy a tax for its construction, and provide for the same to be
free, in which the concurrence of the House is respectfully requested.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the Senate to inform the House that the Senate
has concurred in the amendments made by the House to Senate
Engrossed bill No. 15. An act aulliorizing Railroad Companies to
make extensions or branches in certain cases, and to take stock in
railroad or olher bridges.

Mr. Osborn, from the Committee on Engrossqd Bills, miade the
followiiig report :

Mk. Speaker :

The Committee on Engrossed Bills have carefully compared en-
grossed House bills Nos. 147, 30, 102, 130 and 143, with the orig-
inal bills, and report that the same have, in all respects, been accu-
rately and correctly engrossed.

R. OSBORN.

Messrs. Pendleton and Priest obtained leave of absence on ac-
count of sickness.

The House suspended the order of business, and took bills on
their second reading.

The following bills were read the second time:

House bill No. 191. An act fixing the time of iiolding the sev-
eral terms of the Common Pleas Courts in the Second Common
Pleas ])istrict, prescribing the length of said terms, and repealing all
laws in conflict therewith.

Ordered to be engrossed.

House bill No. 192. An act to amend the 420th section of an
act entitled "A act to revise, simplify and abridge the rules, practice,
pleadings and forms in civil cases in the courts of this State, to abol-

521

ish distinct forms of action at law, and to provide for Ihe adminis-
tration of jaslice in a uniform mode of process, without distinction
between law and equity," a])proved June 18, 1852,
Referred to the Committee on the Judiciary.

House bill No. 193. An act to provide for procuring and distrib-
uting the 14th volume of the Indiana Reports.
Ordered to be engrossed.

House bill No. 194. An act defining felonies, and prescribing
punishmenr therefor.

Refern d lo the Committee on the Jud'^iary.

House bill No. 19-3. An act to better regulate the appointment
of Surgeoiis for the Indiana volunteer regiments now in the ser-
vice of the United States, and who may hereafter be raised for the
suppressitiU of the present rebellion.

Referred to a select committee of five. '

The Speaker appointed Messrs. Blocher, Richardson, Griffith,
Rowe and Howard said committee.

House bill No. 196. An act providing for the assessment and
taxation of dogs, and providing for the payment of damages sus-
tained in t!ie maiming or killing of sheep by dogs, declaring per-
sons Yv'ho own or keep dogs, and vrlio refuse to list the same, and
persons v.ho have lifted dogs, and who neglect or refuse to pay the
taxes thereon, guilty of continuing and maintaining a public
nuisance, and prescribing penalties in such cases, and ^escribing
duties of Assessors and Auditors under this act.

Referred to the Committee on Agriculture.

House bill No. 197. An act to amend sections 100 and 101 of
an act entitled "An act to provide for a general system of Common
Schools, the officers thereof, and their respective powers and duties,
and matters properly connected therewith, and for the establishment
and regulation of Township Libraries, and to repeal all laws incon-
sistent therewith," approved March 11, 1861.

Referred to the Committee on County and Township Business.

House bill No. 198. An act to prevent persons from ovvning,
keeping or harboring any dog or bitch for which no license has been
taken out, and prescribing the punishment therefor.

522

Referred to the Committee on Agriculture. ■ -

House bill No. 199. An act concerning the sale of baggage and
other articles by railroad companies.

Referred to the Committee on Railroads.

House bill No. 200. An act to amend an act entitled "An act
regulating general elections, and prescribing the duties of officers in
relation thereto," approved June 7tli, 1852.

Referred to the Committee on Elections.

House bill No. 201. An act to amend section 42 of an act to
provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matter properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,"
approved March 11, 1861.

Referred to the Committee on Education.

House bill No. 202. An act to provide for the change of venue
in certain cases, from the Common Pleas Court to the Circuit
Court of the same county, conferring jurisdiction on such Circuit
Courts, repealing, as to the Common Pleas Courts, all laws in con-
flict herewith, and declaring when this act shall take effect.

Referred to the Committee on the Judiciary.

House bill No. 203. To amend section twenty-three of school
law of 1861, providing for compensation to school directors, and
penalty for wilful neglect of duty.

Referred to the Committee on Education.

House bill No. 204. An act to amend section seven hundred
and sixteen of an act entitled " an act to revise, simplify, and
abridge the rules, practice, pleadings, and forms, in civil cases, in
the courts of this State, to abolish distinct forms of actions at law,
and to provide for the administration of justice in a uniform mode
of pleading and practice, without distinclion between law and
equity," aj^proved June 18, 1852.

Referred to the Committee on the .Judiciary.

House bill No. 205. An act fixing the times of holding the
several circuit courts in the third judicial circuit, prescribing the
length of said terms, and repealing all laws inconsistent therewith.

523

Ordered to be engrossed.

House bill No. 206. An act to amend sections five and six of
an act entitled "an act to regulate and license spirituous, vinous,
malt, and other intoxicating liquors, to prohibit the adulteration of
liquors, to repeal all former laws contravening the provisions of this
act, and providing penalties for violation thereof,'' approved March
5, 1859.

Referred to th'e Committee on Temperance.

House bill No. 207. A bill to empower insurance companies
not incorporated under the laws of this State, to transact business
in this State through agents, and prescribing the terms and mode
thereof.

Referred to the Committee on Corporations.

House bill No. 208. An act limiting actions on forfeited recog-
nizances.

Referred to the Committee on the Judiciary.

House bill No. 209. An act entitling attorneys to liens on judg-
ments for their services.

Referred to the Committee on the Judiciary.

House bill No. 210. An act supplemental to an act entitled
" an act to provide for a general system of common schools, the
officers thereof, and their respective powers and duties, and matters
properly connected therewith, and for the establishment and regu-
lation of township libraries, and to repeal all laws inconsistent
therewith," approved March 11, 1861.

Referred to the Committee on Education.

House bill No. 211. An act ceding to the United States of
America jurisdiction over certain lands and their appurtenances, in
the county of Floyd, and exempting the same from taxation.

Ordered to be engrossed.

House bill No. 212. A bill to authorize and empower the school
corporation of any incorporated town or city in the State of Indi-
ana to borrow money for the purchase of grounds, on which to con-
struct school houses, and for the construction of school houses on
the same, and to authorize and empower such school corporations

524

to issue bonds for ?uch borrowed money, and providing a special tax
for the payment of such bonds and interest thereon.
Referred to tlie Committee on Corporations.

House bill No. 213. An act to amend the forty-fifth section of
an act entitled "an act to provide for the opening, vacating, and
change of highways," approved .Tune 17, 1852.

RelVrn^d to a select comnilltee of five, consisting of Messrs.
Blocher, O'Brien of H., ShoatT of Allen, Miller, and Spencer.

Hou-e bill No. 214. An act to amend tiie third section of an act
entitled "an act to regulate and license the sale of spirituous, vinous,
malt, and other intoxicating licjuors, to prohibit the adulteration of
liquor;^, to repeal all foimer laws contravening the provisions of this
act, and prescribing penalties for a violation thereof,"' approved
March 5, 1859.

Refened to the Committee on Tenijxn-ance.

The special order being the report of the committee of thirteen,

On motion of Mr. Niblack,
Further time was granted, and the committee ordered to report
to-morrow, at three o'clock, P. M., and made the special order for
that hour.

By consent of the House, Mr. Harney oflered the following reso-
lution :

Whereas, It appears by the Indiana State Journal of the 17th
inst., that there was a meeting held on the 7ih inst., of the officers
of the 27th Regiment of Indiana Volunteers, at their camp near
Stratford Court House, Ya., at which meeting, among others, the
following resolution was adopted:

" Resolved, That in the resolution of Messrs. Brown and Wolf?
Senators of Washington and Wells counties, we see nothing less
than treason in its broadest sense, and, as such, deserving the pen-
alty attached to the highest crime known to our laws, and we
recommend that Governor Morton make an example of them. at
once, and, if necessary, to recall the 27th Regiment of Indiana
Volunteers to enforce that, or any such emergency as may arise."
Therefore,

525

Resolved, That it is a maltcr of deep regret on the part of the
members of this House, that any oftlcer in the service of the Gov-
ernment should so I'ar forget the obligations of the soldier, or the
duty of the citizen, as to support or countenance resolutions of the
character above recited, calculated to foment and encourage insub-
ordination in the army, by introducing party divisions and po-
litical discussions in their most violent and offensive forms, maidng
it the right and duty of officers and soldiers that differ with them
to protest against such measures in language equally as pointed
and decisive ; and tending directly to produce civil war at home by
rallying the constituency of a Representative to his defence, when
threatened by a power they themselves created and fostered, for
the protection of the rights they now threaten to destroy. And
whereas, the above recited resolution is reported to have been in-
dorsed by ail the commissioned olHcers of said regiment, except
one, Lieut, Jerger, oli company K, and htive been sent to this city
for the purpose of being published in the In^iiana Sia'e Journal, a
paper ardently in the support of Governor Morion, which facts are
calculated to give unusual significance to the proposition therein
suggested, and, involving as it does the dignity of this General As-
sembly, the personal safety of its members, we deem it due to our-
selves,'and the Governor of the State, to have a full understanding
of the matter; therefore,

Resolved, That "His Excellency, the Governor, be requested to
communicate to this House, at his earliest convenience, whether he
approves or condemns the above recited resolutions, and also, whe-
ther any officers in the service of this State, or the General Gov-
ernment, civil or military, has ever submitted to him a proposition
to bring troops into this State, or using those that are now here,
for the purpose of overawing this General Assembly, or to prevent
the execution of any laws they might enact.

The Committee on Benevolent Institutions was granted leave of
absence for this afternoon, to attend the exhibition of the Deaf and
Dumb,

Mr. Abdill obtained leave of absence until Tuesday morning.

The House adjourned until li o'clock, P. M.

'Nv

526

-2 O CLOCK P. M.

House met.

On motion of Mr. Niblack,

The further consideration of the resolution offered by Mr. Har-
ney was postponed until Tuesday next, at 10 o'clock, A. M., and
made the special order for that hour.

The House resumed the consideration of bills on their second
reading. . .

Mr. Hall moved that the constitutional rule be suspended, and
House bill No. 215, be read by its title.

The question being on the suspension of the rule,

Those ivho voted in the affirmative were —

Messrs.

Harden of W.,

Kilgore,

Packard,

Abbott,

Hardin of Perry

, Lake,

Pendleton,

Beyerle,

Harney,

Lamb,

Perry,

Bird,

Hershey,

Lee,

Pettibone,

Blocher,

Het field,

Leeds,

Puett,

Branham,

Higgins,

Lemmon of H.

, Reitz,

Brogan,

Holcomb,

Marshall,

Rippey,

Budd,

Hon, •

McCaughey,

Robinson,

Burton,

Hostetter,

Miller,

Roe,

Chambers,

Howard,

Milroy,

Shaffer,

Collins,

Howell,

Moorman,

Shoaff of Allen,

Cook,

Howk,

Morgan,

Shoaff of Jay,

Davis,

Humphreys,

Mustard,

Spencer,

DeBruler,

Hutchings,

Mutz,

Stone,

Donaldson,

James,

Newman,

Waterman,

Ferris,

Johnson,

Niblack,

Williams,

Forrester,

Jones,

Noyes,

Wolfe,

Gregg,

Kemp of Dubois

;, O'Brien of H,

Woodruff, and

Gregory,

Kemp of Vigo,

O'Brien of M.,

Mr. Speaker-77.

Hall,

Kendrick,

Osborn,

None voting in the negative.

So the rule was suspended, and the biU read a second time by
its title.

527

The bill was laid on the table, and three hundred copies ordered
to be printed for the use of the House.

Referred to the Committee on the Judiciary.

»
House bill No. 217. An act to repeal the 57th section of an act

entitled an act defining felonies, and prescribing punishment there-
for, approved June 10, 1852.

Referred to the Committee on the Judiciary.

House bill No. 218. An act to provide for the collection of the
Surplus Revenue Fund on loan at the State Treasury, and for the
payment of the same over to the counties to which it belongs.

Referred to the Committee on Trust Funds.

House bill No. 219. An act to protect farmers, and those en-
gaged in stock raising, from the unlawful conduct of sportsmen
and those engaged in hunting wild game on inclosed lands, farms,
and pastures, without the owner's consent.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

House bill No. 220. An act to enforce the 13th article of the
State Constitution, providing the duties of several officers there-
about, and compensation therefor.

Mr. Morgan offered the following amendment :

Amend by inserting in the proper place, " that all negroes or mulat-
toes who have come into this State by or through the underground
railroad, shall be exempt from the provisions of this act."

The bill and amendment were referred to the committee on the
enforcement of the 1.3th article of the Constititution.

House bill No. 221. An act providing for the organization of the
Indiana militia, for a military tax, and for other matters properly
connected with the militia of the State.

Laid on the table, and four hundred copies ordered to be printed
for the use of the House.

528

House bill No. 222. An act to punish Sheriffs, or other ministe-
rial officers, who having gone out of office, or shall hereafter go out
of office, shall fail to return executions or other final process in their
hands.

Referred to the Committee on the Judiciary.

House bill No. 223. An act to provide for the holding of terms,
or day.-3, or parts of terms of the several Circuit and Common Pleas
Courts in this State, in cases where the Judges thereof fail to attend
and hold said courts, and to provide t'or the payment of the persons
appointed to hold such courts in such cases, and repealing all laws,
and parts of laws, coming in conflict xvlth this act.

Referred to the Committee on tlie Organization of Courts.

House bill No. 224. An act io amend section 52 of an act enti-
tled "An act to amend an act to authorize and regulate the busi-
ness of general banking," passed JMarch 3, 1855.

Referred to the Committee on Banks.

House bill No. 225. An act providing for the reduction of the
par value of the shares of the capital stock of private corporations
of this State.

Referred to the Committee on the Judiciary.

House bill No. 226. An act for the loaning and investment of
the Sinking Fund, prescribing the manner of making such invest-
ment, and defining the duties of the Commissioners of the Sinking
Fund, the Auditor and Treasurer of State in connection therewith,
and to repeal an act entitled "An act for the investment, distribu-
tion and safe keeping of the funds arising from the 113lh and 114th
sections of an act establishing a Slate Bank, approved January 8,
1834, and providing for the purchase of bank bonds, and prescrib-
ing the duties of certain officers therein named," approved March
1, 1859.

RefeiTcd to the Committee of Ways and Means.

House bill No. 227. An act to divide the State into Congres-
sional districts.

Laid on the table, and two hundred copies ordered to be printed
for the use of the House.

House bill No. 228. An act to provide for the review of judg-

529

ments, decrees and orders of confirmation obtained by fraud, covin
and deceit.

Referred to the Committee on the Judiciary.

House bill No. 229. An act supplementary to an act entitled
"An act establishing general provisions respecting corporations,"
approved June 15, 1852.

Referred to the Committee on the Judiciary, with instructions to
inquire whether the bill conflicts with the provisions of the act to
which it is supplemental.

House bill No. 230. An act to prevent persons from tearing
down, removing, defacing or destroying any legal advertisement,
handbills, or other public notices lawfully posted up, and prescribing
the punishment for a violation of this act, and defining what court
shall have jurisdiction.

Referred to the Committee on the Judiciary.

House bill No. 231. An act to amend'the 49Lh section of an act
to provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861.

Referred to the Committee on Education.

House bill No. 232. An act to legalize the sales of land made
by town Marshalls, in certain cases.

Referred to the Committee on the Judiciary.

A raL'ssage from the Senate, by Mr. Vawter, their Secretary:

Mi?. SiMiAKER :

1 aril directed lo bring to tlie House enrolled act of the Senate
No. 15. "An act authorizing railroads to make extensions or
branches in certain cases, and to take stock in railroad or other
bridges,'" to which the signature of the Speaker of the House is
requested. . .

Mr. Brown, by consent of the House, offered the following reso-
lution :

Resolved, That the employes of the Sergeant-at-arms, who have
H. J.— 34

530

been engaged in serving the writs and orders of the Committee on
Arrests, and assisting the Sergeant-at-arms generally, be allowed
the usual pay for similar services up to Saturday next. ; .

Referred to the Committee of Ways and Means.

SENATE BILLS ON THEIR FIRST READING.

The following Senate bills were read the first time, and passed
to a second reading.

Senate bill No. 13. An act requiring all corporations formed or
which may hereafter be formed for the purpose of contracting,
owning, controlling or operating a railroad in this State, to elect
three-fourths of the members of their Boards of Directors from
Stockholders resident in the State, excepting from the provisions of
this act certain railroad companies that have consolidated their
stocks and organizations, and affixing certain penalties for non-com-
pliance with the provisions of this act.

Senate bill Xo. 102. An act to authorize the Board of Directors
of the Bank of the State of Indiana, to remove any of its Branches,
for the redemption of the notes of such Branches, and providing the
conditions on which this act shall take effect.

Senate hill No. 37. An act to amend the twentieth and twenty-
first sections of an act entitled " An act providing for the election
and appointment of supervisors of highways, and prescribing certain
of their duties, and those of county and township officers in relation
thereto," approved March 5, 1859 ; and to make additional provi-
sions on the same subject.

Senate bill No. 40. A bill to amend section 1st of an act enti-
tled an act to provide for a general system of Common Schools,
the officers thereof, and their respective powers and duties, and
matters properly connected therewith, and for the establishment
and regulation of Township Libraries, and to repeal all laws incon-
sistent therewith, approved March 11, 1861.

Senate bill No. 42. A bill defining the offense of bastardy, and
prescribing the punishment thereof.

Senate bill No. 45. An act to amend the second section of an
act in relation to County Auditors, approved May 31, 1852.

Senate biU No. 51. An act to amend the second section of an

531

act entitled " An act relative to the Salaries of Public Officers, pro-
viding the manner of paying the same, and the manner of re-im-
bursi ng the State for an increase of salaries," approved March 5,
1859.

Senate bill No. 52. An act to amend the fifty-fifth section of an
act entitled " An act to amend an act to authorize and regulate the
business of general banking, passed March 3, 1855.

Senate bill No. 57. An act entitled " An act to allow County
Commissioners to organize Turnpike Companies where a majority
of persons, representing the real estate within prescribed limits,
petition for the same, and to levy a tax for its construction and
provide for the same to be free.

Senate bill No. 58. An act to amend an act to authorize the
Board of Commissioners of the several Counties in the State of In-
diana, and the authorities of any incorporate City or Town in said
State, to make appropriations in certain cases, and to legalize cer-
tain appropriations therein specified, approved May 11, 1861, so as
to authorize said boards to make appropriation for bounties for
volunteers, [disinterring, transportation and interring the bodies of
deceased soldiers, and erecting monuments to their memories.]

Senate bill No. 59. A bill fixing the amount of fees to be paid
into the State Treasurer for the services of the Auditor and Secre-
tary of State, in certain cases, repealing all laws in conflict there-
with, and amending the fourth section of an act supplemental to
the Swamp Land Act, approved June 14, 1852.

Senate bill No. 38 An act authorizing the sale of canals, au
thorizing the purchaser or purchasers, and his or their assignees to
organize companies, and fixing the powers of such companies and
excepting certain canals from the provisions of this act.

Senate bill No. 62. An act to amend the first section of an act
entitled " An act for the incorporation and continuance of Building
Loan Fund and Saving's Association," approved March 5, 1857.

Senate bill No. 66. An act to amend the 134 section of an act
providing for the settlement of decedents' estates, prescribing the
rights, liabilities, and duties of officers connected with the manage-
ment thereof, and the heirs thereto, and certain forms to be used in

532

such settlement, approved June 17, 1862, and declaring when this
act shall take effect.

Senate bill No. 69. An act to amend section seventy-six of an
act entitled an act providing for the settlement of decedents' estates,
prescribing the rights, liabilities and duties of officers connected
with the management thereof, and the heirs thereto, and certain
forms to be used in such settlement, approved June 17, 1852.

Senate bill No. 73. An act to amend section fourteen of an act
entitled " An act authorizing the construction of PJank, McAdam-
ized and Gravel Roads," approved May 12, 1852, and to extend
the time in which companies organized under said act shall com-
mence and complete the construction of their roads.

Senate Bill No. 74. An act to fix the time of holding the Com-
mon Pleas Courts in the Fifth District, and to repeal all other laws
on the same subject.

Senate bill No. 82. A bill to repeal an act entitled '• an act to
authorize the Bank of the State of Indiana to lay off and create
five additional bank districts, and locate and establish branches t here-
in," approved March 9, 1861.

Senate bill No. 85. An act providing for the appointment of
master commissioners, defining their duties and fixing their com-
pensation, and repealing all other laws en the subject.

Senate bill No. 87. An act to amend section twenty-five of an
act providing for the election or appointment of supervisors of
highways, and providing certain of their duties, and those of county
and township officers in relation thereto, a])proved Mai^ch 5, 1859.

Senate bill No. 90. An act to authorize the Bank of the State
of Indiana to reduce the capital stock of a branch or branches of
said bank, and to close up the business and aftairs of a branch or
branches of said bank under certain regulations, and amendatory of
an act entitled " an act to establish a bank with branches,"' passed
March 3, 1855.

Senate bill No. 112. A biU for an act to amend the seventh
section of an act entitled an act to provide for the election of a
reporter, and a speedy publication of the decisions of the Supreme

533

Court, and for the compensation of such reporter, approved Febru-
ary 5, 1852. ■

SENATE BILLS ON THEIR SECOND READING.

The following bills were read the second time :

Senate bill No. 39. An act to amend the third section of an act
entitled "an act prescribing the powers and duties of justices of
the peace in State prosecutions," approved May 29, 1852.

Referred to the Committee on the Judiciary.

St'nate bill Xo. 76. An act to amend section one of an act en-
titled an act touching the laying out and vacating towns, streets,
alleys, public squares and grounds, or any part thereof; the mak-
ing out and recording of plats of such towns, and providing for
the change of the names of such towns, approved May 20, 1852,
and providing when the same shall take effect.

Referred to the Committee on Corporations:

BILLS ON THEIR THIRD READING.

House bill No. 30. An act to amend an act permiting witnesses
who are parties to an action to testify in their own behalf;
Was read the third time.

The question being, shall the bill pass?

Those wJio voted in the affirmative were —

Messrs. Hanna, Kemp of Dubois, Shaffer,

Abb.>tt, Harden, of W., Lseds, Waterman,

Brogan, Hetfield, Miller, Williams,

Burton, Howk, Packard, Wolfe, and

Cook, Humphreys, Puett, Mr. Speaker-22.

Gregory, James, Rippey,

Those ivho voted in the negative ivere —

Messrs. Gregg, Lasselle, Osborne,

Beyerle, Hall, Lee, Perry,

Bird, Hardin of Perry, Lemmon of H., Reitz,

Blocher, Hershey, Marshall, Roberts,

Branham, Higgins, McCaughey, Robinson,

534

Budd,

Cason,

Chambers,

Collins,

Davis,

DeB ruler,

Donaldson,

Forrester,

Given,

Hon,

Hostetter,

Howard,

Hatchings,

Johnson,

Jones,

Milroy,

Moorman,

Mustard,

Newman,

Niblaek,

Noyes,

Kemp of Vigo, O'Brien of H,,
Kilgore, O'Brien of M.,

Lamb,

Roe,

Shoaff of Allen,

Shoaff of Jay,

Spencer,

Stone,

Tarkington,

Veach, and

Woodruff— 53.

So the bill did not pass.

Mr, Garvin obtained leave of absence until Tuesday.

House bill No. 147. An act to amend the 655th section of an
act entitled "an act to revise, simplify, and abridge the rules, prac-
tice, pleadings, and forms, in civil cases, in the courts of this State,
to abolish distinct forms of actions at law, and to provide for the
administration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity," approved June
18, 1852;

Was read the third time.

The question being, shall the bill pass ?

Those loho voted in the afji,nnative were —

Messrs.

Hall,

Lasselle,

Perry,

Abbett,

Harden of W.,

Lee,

Puett,

Beyerle,

Hardin of Perry

, Leeds,

Reitz,

Bird,

Hershey,

Lemmon of H.

, Rippey,

Blocher,

Hetfield,

Marshall,

Roberts,

Branham,

Higgins,

McCaughey,

Robinson,

Brogan,

Hon,

Miller,

Roe,

Budd,

Hostetter,

Milroy,

Shafler,

Burton,

Howard,

Moorman,

ShoalTof Allen,

Cason,

Howk,

Morgan,

Shoaff' of Jay,

Chambers,

Humphreys,

Mustard,

Spencer,

Cook,

Hutchings,

Newman,

Stone,

Davis,

James,

Niblaok,

Tarkington,

De B ruler.

Johnson,

Noyes,

Veach,

Donaldson,

Jones,

O'Brien of H.,

Waterman,

Forrester,

Kemp of Duboi;

?,0'Brien of M.,

Williams,

535

Given, Kemp of Vigo, Osborne, Woodruff, and

Gregg, Kilgore, Packard, Mr. Speaker-72.

Gregory, Lamb,

None voting in the negative, so the bill passed.
A message from the Senate, by Mr. Vawter, their Secretary :
Mr. Speaker : ,

I am directed by the President of the Senate to inform the
House that the Senate has passed the following engrossed bills
thereof, to-wjt :

Senate bill No. 83. A bill providing that creditors and sureties
shall have a right of action in certain cases before the debt or lia-
bility is due, and providing a remedy by attachment in such cases,
and declaring when this act shall take effect.

Senate bill No. 101. A bill to amend section forty of an act to
revise, simplify, and abridge the rules, practice, pleadings, and forms
in civil cases in the courts in this State, to abolish distinct forms
of action at law, and to provide for the administration of justice
in a uniform mode of pleading and practice, without distinction
between law and equity, approved June IS, 1852.

Senate bill No. 72. A bill to amend section forty-two of an act
entitled " an act to repeal all laws now in force for the incorpora-
tion of cities, to provide for the incorporation of cities, provide
their powers and rights, and the manner in which they shall exer-
cise the same, and to regulate such other matters as ])roperly per-
tains thereto.

Senate bill No. 97. A bill to provide for the regulation of fare
charged by railroad companies or corporations, for the transportation
of passengers on railroads, and prescribing penalties for the violation
of this act.

Senate bill No. 125. A bill to amend the 5th section of "An act
entitled 'an act to amend an act entitled an act for incorporating
the Wabash Manual Labor College, and Teachers' Seminary,' " ap-
proved January 15, 1884, approved February 8, 1851.

Senate bill No. 18. A bill to amend section 23 of an act enti-

536

tied " An act to provide for the opening, vacating and changing
highways," approved January 17, 186-.

Senate bill No. 99. A bill to provide for issuing fee-bills, and
executing against sureties on appeal bonds in cases appealed to the
Circuit or Common Pleas Courts.

Senate bill No. 96. A bill requiring the Clerks of the Common
Pleas and Circuit Courts and County Auditors to make indexes to
records in certain cases.

Senate bill No. 126. A bill to amend the 5th section of an act
entitled " An act regulating the ado|:)tion of heirs," in which the
concurrence of the House is respectfully solicited.

By consent of the House, Mr. Cason offered the following reso-
lution, which was adopted :

Resolved, That when this House adjourns it adjourn until to-
morrow at 9 o'clock, A. M.

Adopted. . r

The House adjourned until to-morrow at 9 o'clock, A. M.

FRIDAY, 9 o'clock, A. M., 1
February 20, 1863. \ .

The House met.

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Shoaff of Jay :

A ])etition from the citizens of Randolph county asking for a law
prohibiting negroes from bearing arms.

Referred to the committee on the enforcement of the 13th article
of the Constitution.

537

By Mr. Hetficld:

A petition from the citizens of Fountain county, on the same
subject. • •

Referred to the same committee.

j,,^ By Mr. Packard :

A petition praying for the establishment of an additional Mili-
tary Board.

E-eferred to the Committee on Military Atlairs.

•v; REPORTS FROM STANDING CO.MMITTEKS.

'- By Mr. Ilowk, Chairman of the Committee on the Judiciary:

Mk. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 208, entitled "An act limiting actions
on forfeited recognizances," to respectfully report that they have
had the same under consideration, and they herewith return said
bill to the House, and recommend the passage thereof.
1^, The report was concurred in, and the bill ordered to be engrossed.

'•;; By the same :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 225, entitled "An act providing for the
reduction of the par value of the shares of the capital stock of pri-
vate corporation of this State in certain cases," to respectfully re-
port that they have had the same under consideration, and they
herewith return said bill to this House, and recommend the passage
thereof."

The report was concurred in, and the bill ordered to be engrossed.

.;, • By Mr, Kilgore, from the same committee :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 28, entitled "An act in addition to the
1st section of an act passed in 1861, entitled an act to amend the

538

2d section of an act entitled an act to amend the 207th, and 208th
sections of an act entitled an act to revise, simplify and abridge
the rules, practice, pleadings and forms in civil cases in the courts
of this State, to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of pleading
and practice, without distinction between law and equity," approved
June 18, 18'j2, so as to authorize a change of venue in certain cases,
approved March 5, 1859, and to make additional provisions on the
same suliject," to respectfully report that they have duly considered
the same, and there being another bill pending before this House
embracing the same subject-matter, they recommend that said bill
lie upon the table.

The report was concurred in.

By the same :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 2o0, entitled "An act to prevent per-
sons from tearing down, removing, defacing or destroying any legal
advertisements, liandbills, or other public notices, lawfully posted
up, and prescribing the punisment for a violation of this act, and
defining what court shall have jurisdiction," to respectfully report
that They have duly considered the same, and they herewith return
said bill to this Hcjuse, and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Packard, from the same committee :
Mr. Speaker :

I am instruct(>d by the Committee on the Judiciary, to whom
was referred House bill No. 177, entitled "An act supplemental to
an act providing for the redemption of real property, or any interest
therein sold on execution or order of sale, and providing for the issu-
ing of certificates of purchase in such cases, and for the execution
of conveyances, and repealing all laws in conflict therewith," ap-
proved June 4, 18r51, to respectfully rejwrt that they have duly con-
sidered tlie same, and they herewith return said bill to this House,
and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

539

Mr. Speaker : *

I am instiucted by the Committee on the Judiciary, to whom^
was referred House bill No. 209, entitled "An act entitling attor-
neys to liens on judgments for their services,'' to respectfully report
that they have had the same under consideration, and they herewith
iTetusn said bill to this House, and They recommend the pa-sage
thereof.

The report was concurred in, and the bill ordered to be engrossed.

Bv Mr. Lake, from the same committee:
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 186, entitled "An act to amend section
1 of an act entitled 'an act to auhorize the formation of compa-
nies for the detection and apprehension of horse thieves, and other
felons, and defining their powers,' approved March 9, 1852," to re-
spectfully report that they have duly considered the same, and they
herewith return said bill to this House, and recommend the passage
thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 148, entitled "A bill to more effectually
prevent injury to grain growing in fields, or standing in stacks or
ricks, prescribing punishment therefor, and providing for the detec-
tion of persons guilty of committing such injury," to respectfully
report that they have had the same under consideration and they
are of the opinion that the passage thereof is inexpedient; they
therefore recommend that said bill lie upon the table.

The report was concurred in.

By Mr. Howk, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No 217, entitled " an act to repeal the o7th

540

section ot an act entitled 'an act defining felonies, and prescribing
punishment therefor,'" approved June 10, 1852, to respectfully re-
port that they have duly considered the same, and they are of the
opinion that the passage thereof is inexpedient; they therefore re-
commend that said bill lie upon the .table.

The report was concurred in. '

Bv the same : " .

Mr. Spkakku:

I am instrncied by the Committee on the Judiciary, to whom was
referred House bill No. 179, entitled "An act amending the providing
clause of section 32, and repealing the first providing clau;:;e of sec-
tion 3o, of an act entitled ' an act regulating the fees of otficers and
repealing former acts in relation thereto,"' approved March 2, 1S55,
to respocriully report that they have duly considered the same, and
they are of the opinion that said bill, in its present form is uncon-
stitutional; they therefore recommend that said bill lie upon the
table.

The report was concurred in, and the bill laid upon the table.

By Mr. Griffith, from the Committee on Education :
Mr. Speaker :

The Committee on Education, to whom was referred Senate bill
No. 24, a bill to provide for the execution of conveyances by
County Auditors for school laws, when the certificate has not been
properly assigned, or assignment acknowledged in certain cases,"
have had the same under consideration, and recommend the bill be
amended by inserting in section 1, line 4, after the word "commis-
sion" the w^ords "or Auditor," and when so amended, they recom-
mend the passage of the bill.

The report, with the amendments, was concurred in, and the bill
was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs. Hall, Kendrick, Pettibone,

Abbett, Hanna, Lake, Priest,

Beyerle, Harden of W.. Lamb, Puett,

541

Bird,

Blocher,

Bran ham,

Brogan,

Brown,

Budd,

Cason,

Cass,.

Chambers,

Collins,

Cook,

Davis,

De B ruler,

Donaldson,

Ferris,

Gregg,

Gregory,

Griffith,

Hardin of Perry,

Hershey,

Hetfield,

Higgins,

Holeorab,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

Hutchings,

Jaiues,

Johnson,

Jones,

Kemp of Dubois,

Kemp of Vigo,

Lee,

Leeds,

Lemnion of H.,

Lemmon of S.,

Marshall,

MeCaughey,

Miller,

Milroy,

Moorman,

Morgan,

Mustard,

Mutz,

Niblack,

O'Brien of M.,

Osborne,

Packard,

Peiry,

Reitz,

Richardson,

Rippey,

Roberts,

RobinsOn,

Roe,

Shaflcr,

Shoafl'of Allen,

Shoaff of Jay,

Spencer,

Stone,

Van Busk irk,

Veach,

Waterman,

Williams.

W(;odruti, and

Mr. Speaker-81.

None voting in the negative.
So the l)ill passed.
By the same :
Mr. Speaker :

The Committee on Education, to whom was refeiTed House bill
No. 24, " a bill to amend an act to provide for a system of Com-
mon Schools," &c., and House bill No. 131, " a bill to amend sec-
tion 10 of an act to provide for a system of Common Schools,"' &c.,
have had the same under consideration, and have instructed me to
report the same back, and recommend that they lie upon the table.

The report was concurred in.

By Mr. Holcomb, from the same committee :
Mr. Speaker : • ,

The Committee o)i Education, to whom was referred a resolu-
tion instructing them to inquire into the expediency of so amend-
ing sections 14 and 15 of the common school law as to permit per-
sons to be transferred from and to adjoining counties, for educa-
tional purposes, &c., and to release the persons so transfered from

542

the payment of special school tax, &c., have had the same under
consideration, and direct me to report that the law already allows
the first, and the second amendment is now pending; the commit-
tee therefore recommend that said resolution lie upon the table.
The report was concurred in.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the Senate to present the following enrolled acts
of the Senate, to-wit:

Enrolled act No. 26, of Senate. An act to amend the 12th sec-
tion of an act entitled "An act touching the relation of guardian
and ward," approved June 9, 1852.

Enrolled act No. 6, Senate. An act ceding to the United States
of America jurisdiction over certain lands, and their appurtenances,
in the county of Marion, and reserving the right to serve process
thereon, and exempting the same from taxation.

Enrolled act No. 32, Senate. An act to jn-ovide for the publica-
tion of notice of the pendency of suits as against defendants whose
residence is unknown ; to which the signature of the Speaker is re-
spectfully solicited.

By Mr. Holcomb, from the Committee on Education:

Mr. Speaker :

The Committee on Education, to whom was referred House bill
No. 186, have had the same under consideration, and direct me to
report the following amendment, and when so amended, recommend
its passage :

Amend section 12 of this act by adding to section 162 of the
act hereby amended the following words: "And that the proceed-
ings of said Board and other school officers and teachers shall not
be materially changed oftener than once in five years." That sec-
tion 13 of this act which amends section 9 of the act hereby
amended, by inserting after the first occurrence of the word "schools,"
in the seventh line from the top, the following words: "And expend
as near as practicable, the common school revenue for tuition, which

543

may be apportioned to his to\\nship, town, or city within the cur-
rent year, for which such apportionment is made." That section 14
of this act, which amends section 15 of the act hereby amended, by
inserting after the word "city," in the second line from the top, the
following words : "In an adjoining. county ;" and by adding to said
section the following words: '•'■Provided, The persons so transfer-
red sliall be released from the ))ayment of special school tax in the
townsliip, town or city in which they reside." And amend section
82 of the act hereby amended to read as follows : " The amount
loaned to any person or company shall not exceed six hundred dol-
lars."

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Howell, from the Committee on Claims:
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Charles C. Campbell, for one hundred and seventy-nine dollars, ex-
pended by him as sheriff of Marion county, in arresting certain
fugitives from justice, have had the same under consideration, and
find that the same is not sufficiently explicit, having no date what-
ever, and they direct me to report the same back to this House, and
recommend that it lie on the table.

The report was concurred in.

By the same :
Mr. Speaker:

The Committee on Claims, to whom was refeiTcd the claim of
C. A. Ferguson, for twelve dollars and twenty-five cents, for one
clock, &c., have had the same under consideration, and beg leave
to report said claim to be correct, and recommend that the Com-
mittee on Ways and Means be instructed to incorporate in the
specific appropriation bill an allowance for the same.

The report was concurred in.

By Mr. Humphreys, from the Committee on Fees and Salaries :
Mr. Speaker :

The Committee on Fees and Salaries, to whom was recommit-

544

ted House bill No. 112, entitled "an act to amend section one hun-
dred and nineteen of an act entitled an act to provide for the valu-
ation and assessment of real and personal property, and the collec-
tion of taxes in the State of Indiana, for the election of township
assessors, and prescribing the duties of assessors and appraisers of
real proi)erty, county treasurers, and auditors, and of the Treasurer
and Auditor of State,"' approved June 21, 1852, with instructions to
amend so as to make the bill repeal section one hundred and nine-
teen of the above entitled act, have duly considered the same, and
have instructed me to report the following bill, and recommend its
passage :

House bill No. 233. An act to repeal section one hundred and
nineteen of an act entitled " an act to provide for the valuation
and assessment of the real and personal property, and the collec-
tion of taxes in the State of Indiana, for the election of township
assessors, and prescribing the duties of assessors, appraisers of
real property, county treasurers, and nuditors, and of the Treasu-
rer and Auditor of State," approved June 21, 1852.

The bill was read, and passed to a second reading.

By Mr. Ferris, from the Commitiee on ihe Rights and Privileges
of the Inhabitants of this State:

The Committee on the Rights and Privileges of the Inhabitants
of the State, to whom Avas referred House bill No. 172, an act to
provide for the regulation of fare charged by railroad corporations
or companies for the transportation of passengers on railroads, and
prescribing penalties for the violation of this act, have had the same
under consideration, and the committee have directed me to report
the same back and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Anderson, from the Committee on the Judiciary :

Mr. Speaker :

I am instructed by the Committeee on the Judiciary, to whom
was referred House bill No. 181, entitled " an act to amend the
122d section of an act entitled 'an act providing for the election
and qualification of justices of the peace, and defining their juris-
diction and powers in civil cases,' " approved June 9, 1852, to re-

545

spectfully report that they have had the same under consideration,
and they herewith return the same to this House, and recommend
the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Miller, from the Committee on County and Township
Business :

Mr. Speaker :

The Committee on County and Tow^nship Business, to w^hom
w^as recommitted House bill No. 120, with instructions to amend,
have had said bill under consideration, and instruct me to report
the same back to this House with an amendment, and when so
amended, would respectfully recommend its passage :

Amend by striking out all after the \vord " seal," in the four-
teenth line of the amended section, and insert the following, to-wit:
" But such acknowledgments, depositions, or certificates shall not
be valid unless attested by the official seal of such surveyor, but
when so attested they shall have the same force and effect, to all
intents and purposes, as if taken by a notary public, or any other
officer authorized by law to take and certify the same."

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker : ■

The Committee on Coup.ty and Township Business, to whom
was referred House bill No. 174, restricting the number of justices
in eac[i township to one, have had the same under consideration,
and have instructed me To report it back to this House, and recom-
mend that it lie on the table.

The report was concurred in.
By the same :

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred a resolution instructing them to inquire into the pro-
priety of providing by law that each tax payer be required to make
H. J.— 85

o46

ont a list of his taxable properly, under oath, and require the asses-
sor to appraise the same, have diiected me 1o report that Ihey have
duly eonsldered the subjec^, and believe Ihe legislalion contemplat-
ed wo ul J be inexpedient; they therefore return the resolution to
the House, and suggest that it be laid on the table.
The report was concurred in.

By Ihe same :

Mr. Spkaker :

The Committee on Counly and Township Business, to whom
was referred House bill No. 183, to prevent hogs from rooting at
large, have had the same under consideration, and, being of the
opinion that such legislation is inexpedient, have instructed me to
report it back to this Hause, and recommend that it lie on the
table.

The report was concurred in.

By Mr. Cook", from the same committee : ■ :

Mr. Spkaker : . , ,

The Committee on County and Township Business, to whom
was referred the memorial of sundry citizens of Memphis, Martin
County, askirg the Legislature to change the name of their town,
have instructed me to report that there is a law on the statute
books affording the remedy your petitioners seek. The Committee
direct me to return the said p.etition to the House, and recommend
that it lie on the table.

The report was concurred in.

By Mr. Stone, from the same committee :
Mr. Speakkr:

The Committee on County and Township Business, to whom
was referred House bill No. 171, increasing the amount of a County
Auditors bond to twenty thousand dollars, have had the same
under consideration, and have instructed me to report it back with
an amendment, and when so amended would respectfully recom-
mend its passage.

Amend by striking out the word " twenty" where it occurs in
the amended section, and insert the word " five."

547
The report was concurred in, and the bill ordered to be engrossed.
By Mr. Perry, from the same committee : . i ■

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred House bill No. 176, authorizing constables to adnjinis-
ter oallis, hav(> had the same under consideration, and instruct me
to reporl it back lo this House, and respectfully recommend that it
pass.

The report was concurred in, and the bill ordered to be engrossed.

A message from the, Senate, by Mr. Vawter, their Secretary:
Mr. Speaker:

I ara directed by the Senate to present enrolled act of the Senate
No. 20. An act to amend section thirty-three of an act entitled an
act to provide for the valuation and assessment of the real and per-
sonal property, and the collection of taxes in the State of Indiana,
for the election of township assessors, and prescribing the duties of
assessors, appraisers of real property, county treasurers and auditors,
and of the treasurer and auditor of State, approved June 21, 1852,
to which the signature of the Speaker is requested.

Mr. Speaker : .

1 am directed by the Senate to inform the House that the Senate
has passed House bill No. 59, being an act to empower sheriffs to
offer lands and other property for sale on execution at the door of
the Clerk's otEce, with the accompanying engrossed amendments,
and request the concurrence of the House in said amendments.

By Mr. ShoatV of Jay, from the Committee on K-oads :

Mr. Speaker: , - . . .

The Committee on Roads, To whom was referred House bill No.
56, " An act to provide that Road Tax shall be worked out before
the first day of August in each year," have duly considered the
same, a^nd believe that the passage of said bill is inexpedient, and
therefore respectfully recommend that it be laid on the table.

The report was concurred in.

• 548

By the same : '

Mr. Speaker:

■ The Committee on Roads, to whom was reported Senate bill
No. 30. " A bill to provide for the erection and. repair of any
bridge across a stream forming the boundary line between two
counties, and to repeal laws inconsistent therewith," have had the
same under consideration, and respectfully report it back to the
House, and recommend its passage.
The bill was read the third time.

The question being, shall the bill pass?

Those ivho voted in the affirmative ivere — . " .

Messrs.

Harden of W.',

Lake,

Petti bone,

Abbett,

Hardin of P.,

Lamb,

Priest,

Anderson,

Harney,

Lasselle,

Puett,

Beyerle,

Hershey,

Lee,

Reitz,

Bird,

Hetfield, .

Leeds,

Richardson,

Blocher,

Higgins,

Lemmon

of H.

, Rippey,

Branham,

Holcomb,

Lemmon

of S.,

. Roberts,

Brogan,

Hon,

Marshall,

Robinson,

Budd,

Hostetter,

McCaugh

ey^

Roe,

Cason,

Howard,

Miller,

Shaffer,

Cass,

Howell,

Moorman,

Shoaff of Allen,

Chambers,

Howk,

Morgan,

Shoaff of Jay,

Cook,

Humphreys,

Mustard,

Spencer,

Davis,

Hutchings,

Mutz,

Stone,

De Bruler,

James,

Newman,

Van Buskirk,

Forrester,

Johnson,

Niblack,

Veach,

Gregg,

Jones,

O'Brien of M.,

Waterman,

Gregory,

Kempof Duboii

3, Osborne,

Williams,

Griffith,

Kemp of Vigo,

Packard,

Woodruff, and

Hall,

Kendrick,

Perry,

Woollen— 81.

Hanna,

Kilgore,

Those loho voted in the negative were —
Messrs. Collins, Donaldson, and Milroy — 3.

So the bill passed.

549

I'-
Mr. Shoaffof Jay, offered the following amendment to the title:

insert the word "of" after the word "repairs."

Adopted.

By the same: . ' : .. .. .f.

Mr. Spkaker: ■ • . • •

The Committee on Roads, to whom was referred House bill No.
164, "All act to amend the 8th section of an act to amend the act
entitled an act authorizing the construction of plank, McAdamized,
and gravel roads, and to empower the same to make sale of a por-
tion of their roads," approved February 28, 1855, have had the
same under consideration, and have instructed me to report it back
to the House, and recommend its passage.

The report was concurred in.

By Mr. Hardin of Perry, from the same committee :
Mr. Speaker:

The Committee on Roads, to whom was re-committed House
bill No. 25, with instructions to strike out of said bill all that pro-
vides for removing houses, have had the same under consideration,
and direct me to report the same back to this House, and recom-
mend that said bill be amended by striking out all in said bill that
relates to removing houses. The committee also recommend that
said bill be further amended by striking out in the first section there-
of, where the same occur, the words "at least fifty feet wide," and
insert in lieu thereof the words "at least thirty feet wide," and the
committee recommend that said bill, when so amended, so pass.

The report was concurred in and the bill ordered to be engrossed.

By Mr. Hershey, from the same committee:

Mr. Speaker :

The Committee on Roads, to whom was referred the petition of
H. L. Fuller, Thomas Clark, and other citizens of Lake county,
asking that there be a general law passed enabling the inhabitants
living on and along the State line to lay out public highways, have
had the same under consideration, and have unanimously instructed
me to return the same to the House, and report that it is inexpe-
dient to take any action thereon.

550

The report was concurred in. , • ■,

By I\Ir. Milroy, from the Committee on Agriculture:

Mr. Spkaker: . , , " ■

The Committee on Agriculture, to whom was referred the ac-
companying petition or claim for three thousand six hundred dol-
lars damages done to the real estate, &c., of tlie State Board of
Agriculture, have had the same under consideration, and have di-
rected me to report the same back and have the same referred to
the Committee of Ways and Mean^, with directions to incoiporate
said claim in the proper appropriation bill, the claim being just and
proper.

The report was concurred in, and the petition so refeiTcd.

By Mr. Hall, from the same committee :

Mr. Speaker: . ' ■ •

The Committee on Agriculture, to whom was referred joint res-
olution No. 21, in reference to what is known as the Morril Tariff,
have had the same under consideration, and instruct me to report
the same back to this House and recommend its passage.

A message from the Governor, by Mr. Hollovv'ay, his Private
Secretary.

State of Indiana, ^

Executive Department, >

Indianapolis, February 19, 1863. )

To the Senate and House of Representatives of the General Assembly
of Indiana : .

I beg leave to call your attention to the subject of the State Ar-
senal. Up to the 1st day of January, 1863, anununition to the value
of $404,697 47 had been prepared and sold to the United States.
Of this amount, $211,102 09 have been paid into the State Treas-
ury. A warrant for 868,701 62, issued by the United States
Treasury Department, was returned to that department as part pay-
ment of the National Direct Tax due from this State; tii<52,751 12
were credited to the Government for materials furnished to the ar-

551

senal by the Government, while the sum of ^72,142 64 remains
due and unpaid to the Slate.

■ There was, at the same time, ammunilion on hand to lhe value
of $11,919 47, and materials, ihe cash value of which was ^55,-
544 96; also, tools and implements valued at $6,088 05, and build-
ings erected valued at $3,425 00, making logethcr the sum of $481,-
674 93.

To the Arsenal assetts are to bi; added the follow^ing accounts
due to the Slate, from the United Stales, and paid by the Slate out
of the proceeds of the Arsenal :

Expended in the care and repair of small arms, ^12,5F9 65 ;
amount paid for equipments, &c., to complete batteries, 1^3;955 88,
making total amount of Arsenal assetts, $498,220 48.

The total amount of expenditures of every kind, an account of
the Arsenal up to January 1, 1863, were -111422,470 75, leaving a
balance in favor of the State of ||175,749 73.

The prices paid the State for ammunition by the Government,
were negotiated by Col. Sturm, under my instructions, that he should
tix such rates as would faiily indemnify lhe State for all expendi-
tures incurred on that account, but nothing more, as it was net de-
sired to make a profit off" the Government.

The balance in favor of the Sta'e results from the judicious pur-
chase oi' materials, and general economy and good managemejit in
the affair > of the Arsenal.

From the annexed communication of Col. Sturm, to which your
attention is particularly called, it wiU appear that our ammunition
has cost ihe Government much less than it hasloeen paid elsewhere
for ammunition of the same kind and quality, while, at the same
time, greater compensation has been paid here for the labor of the
operatives employed.

Employment has been furnished to many persons, sometimes to
the number of five hundred, and great relief has resulted to many
families who would otherwise have been without the means of sup-
port. My instructions to Col. Sturm were to give preference in
the employment of operators to those whose parents, children or
relatives were in the army.

The following extract from a former message will present the
origin and history of the Arsenal :

When our first regiments were ready to take the field, they were
unprovided with ammunition, and as none could be readily pro-
cured, it became necessary to have it prepared. Mr. Sturm, now

552

the Lieut. Colonel of the 54th regiment, was engaged for that pur-
pose. He had studied the art in Europe, and was thoroughly in-
structed in all its details. He succeeded well in the enterprise
from the begining, and his ammunition was pronounced the very
best in use. Thus was the Arsenal established, and as the demand
for ammunition daily increased, and the necessity, so far from pass-
ing away, became constantly great<jr as the war progressed. What
was first intended as a temporary convenience, became a larger and
permanent establishment. Lieut. Col. Sturm continued at the head
of the establishment, managing it with great success and ability,
preparing ammunition of every description for artillery and small
arms, not only supplying our troops when going to the field, but
sending immense quantities to the armies in the West and South.
In several emergencies, the armies in the West and South were
supplied from here, when they could not procure it in time from
other Arsenals, and serious disaster thereby avoided.

While the Arsenal has been of great service to Government
and the State, and by its demand for labor, has afforded relief to
many persons, it has been the source of much responsibility and
anxiety. The operations have been larger, and had they been un-
fortunate, it would have subjected me to much censure at the hands
of the i)ublic. It is not necessary that I should longer lake this
responsibility, and I therefore refer the subject to the Legislature,
with the suggestion, that if it be desired to continue the institution
until the buildings for the Government Arsenal shall be completed,
(which will be from one to two years), that legal provision and suf-
ficient appropriations be made therefor.

O. P. MORTON,
Governor of Indiana.

Indianapolis, February 12, 1863.
To His Excellency, O. P. Morton, Governor of Indiana :

In answer to your letter of inquiry of to-day, I have the honor to
state that the total amount of ammunition fabricated at this Arsenal
up to January 1, 1863, is as follows :

Total, 98,507 rounds of cannon ammunition, 21,915 000 rounds
of small arm ammunition.

553

The average cost of labor for making catridges up to December,
1862, has been 61 25 per thousand.

The average cost of the ball cartridge complete, including ma-
terials, labor, &c., has been

For Elongated Ball Cartridges 811 15 per thousand.

For Round Ball and Buck, &c., 9 80 " "

For Ball Catridge 9 80 " "

For Blank Musket Cartridges 4 25 " «

For Blank Pistol Cartridges 3 30 " "

The average prices paid for materials up" to December, 1862, are
as follows :

SMALL AR.AI AMMUNITION.

Musket Powder per lb,, including freight per lb -SO 22

Percussion Caps per thousand, including freight per lb 75

Lead Bullets per lb., including freight per lb 7 35-100

Cartridge Paper per lb., including I'reight per lb 8^

Thread and Twine per lb., including freight per lb 60

Beeswax per lb 35

TaUow per lb 8i

Ammunition Boxes, each 30

Amount of Ammunition sold to the Uunited States

up to January 1, 1863 8404,697 47

Amount of Ammunition on hand January 1, 1863. . . 11,919 47

Value of Materials on hand January 1, 1863 55,544 96

Amount expended on account of small arms, to. be

charged to the United States 12,589 65

Amount paid for Equipments, &c., to complete Batte-
ries, &c., to be charged to the U. S 3,955 88

Value of Tools on hand 6,088 05

Value of Buildings erected 3,425 00

Total amount $498,220 48

Total amount of expenditures of this deportment up

to Janury 1, 1863 422,470 75

Profit to the State $75,749 73

This profit has accrued on account of the difierence in the actual

554

cost price of the ammunition, and the price paid by the United
States Goveniment. In Juno, 1862, I was called to Was'iington
to appear before the Commission on Ordnance and Ordnance
Stores, for the purpose of settling our account against the United
States for ammunition, and was then requested by the Commis-
sion to cliavge a certain fixed price for the ammunition manufactur-
ed at this Arsenal, this price to include all expenses for tlie care and
preserva.ion of all ordnance and ordnance stores, (except smaU
arms,) so that no charge for this should be made by the State at
some future time; and not being able to dete'rmine, beforehand, ex-
actly what expi-nses the State might be compelled to incur, I fixed
the fo!lo\^ing prices for our ammunition, which were agreed to by
the Commission, and deemed by them to be both reasonable and
just:

6 Pounder rounds shot, fixed 8 90

12 Pounder rounds shot, fixed 1 40

12 Pounder Howitzer Shell, fixed 1 55

12 Pounder Gun Shell, fixed 1 80

32 Pounder Howitzer Shell, fixed 3 00

12 Pounder Case Shot, fixed 1 80

12 Pounder Gun Shot, fixed 2 10

6 Pounder Case Shot, fixed 1 60

12 Pounder Howitzer Canister, fixed 1 50

12 Poun;!er Gun Canister, fixed 1 70

6 Pouneh'r Canister, fixed 1 25

3 Inch Canister, fixed 1 25

2 Pound Blank Cartridges 60

U Pound Blank Cartridges 50

U Pound Blank Cartridges 45

1 Pound Blank Cirtridge 40

Blank Mn.^ket Cartridge 5 00

Blank Pistol Cartridge 5 00

Cal. 71.5, rounds Ball Cartridge 11 75

Cal. 69, rounds Ball Cartridge 11 50

Cal. 71.5, Buck and Ball 15 00

Cal. C9, Back and Ball 11 50

Cal. 71.5, Expanding Ball Cartridge 14 00

Cal. 69, Expanding Ball Cariridge 13 50

Cal. 58, Expanding Ball Cartridge 13 50

Cal. 57.7, Expanding Ball Cartridge 13 50

555

Cal. 54, Expanding Ball Cartridge 13 00

Cal. 54, Mississippi Rifle Cartridge 13 CO

Colt's Rille Cartridges lo 00

Cal. 69, Buck Shot' Cartridge 16 00

Army Revolver Cartridge 7 50

Navy revolver Cartridge 7 50

The above prices, considering the cost of materials and labor at
tlie time, I judged, wonld protect the State against any loss, and
as I have since learned, are L'ss than the cost of ammunition manu-
factured at other places.

The following statement will show the comparative cost of ma-
terials and ammunition fabricated at the Indiana and Ohio Arse-
nals, the items of which have been taken from the Official Report
of the Quartermaster General of Ohio :

Cost of labor at Indiana Arsenal per M $1,25

Cost of labor at Ohio Arsenal per M ,90 2-100

Difference in favor of the Indiana Arsenal ,34 98 100

COST OF IMATEEIALS.

CifrtTdicc in favor
At Indiana Ari-e- At Ohio Arsenal. of tli'- I.id ana
nal. Arsenal.

Muslcet Powder, per pound . . ; 8 22

Percu-sion Caps, per M i 75

Lead Bullets, per pound . . . . , 7 35-100

Cartridge Paper, per pound .J 8^

Thread and Twine, per pound 60

Beeswax, per pound i 35

Tallow, per pound 82

Ammunition Boxes, each. ... 30

§ 23

$ 01

1 50

2 05-100

37 !

11 1

55 i

Cost of Elongated Ball Cart-
ridges, completed -811 15 §14 05 §2 90

The average price we have charged the Government for the
Elongated Ball Cartridges is §13,25-100 per M. This is eighty

556

cents less than they cost the State of Ohio, although we have
made at that price a profit of ^2 10-100 per M.
I am sir,

Very respectfully, ■. '

Your obedient servant,

H. STURM, Col,
Chief of Ordnance for Indiana.

Mr. Shoaft' of Allen obtained leave of absence on account of
si(;kuess.

The House adjourned until 1^ o'clock, P, M.

IJ o'clock, p. m.

The House met.

By Mr. Hall :

Resolved, That the Auditor of State be requested to report to
this House, at his earliest convenience, the several amounts of the
following funds, that properly belong to the common school fund,
to-wit: The Saline Fund, Bank Tax Fund, Surplus Revenue
Fund, Congressional Township Fund, The fund from Estates
without Heirs, Swamp Land Fund, and whether any of said funds
are in condition to enable this General Assembly to invest the
same, as provided by the fourth section of the eighth article of the
Constitution of the State of Indiana, and if so, what funds, and
the amount of each.

The order of business was informally passed over, and the follow-
ing bills were introduced, read the first time and passed to a second
reading.

By Mr. Niblack :

House bill No. 234. An act supplemental to the several acts
heretofore passed, in relation to ditching and draining the swamp
lands donated by the United States.

By Mr. Gregory :

557

House bill No, 235. An act for the relief of Jacob Haines, of
Warren county.

House bill No. 236. An act to confirm a purchase of certain
real estate made by the Bo:\rd of Control of the State Prison
North, of the Pittsburgh, Fort Wayne & Chicago Railroad Com-
pany.

(Mr. Holcomb in the chair.)

By Mr. Buskirk :

House bill No. 237. An act to amend the first, second, and
third sections, and to repeal the seventh section of an act entitled
an act relating to the State University, supplemental to, and
am.endatory of the second section of an act entitled " an act pro-
viding for the government of the Stale University, the manage-
ment of its funds, and for the disposition of the lands thereof,'" ap-
proved June 17, 1852, and for securing a more economical admin-
istration of its affairs, by lessening the number of its Board of
Trustees, and limiting the expenses of managing its funds, and to
extend the time of final payment for University lands, and to
exempt purchasers of such lands from forfeiture of the same, and
to provide for the sale of forfeited lands.

By Mr. Mustard :

House bill No. 238. An act to amend sections fourteen and fif-
teen of an act to regulate and license the sale of spirituous, vinous,
malt, and other intoxicating liquors, to repeal all former laws contra-
vening the provisions of this act, and providing penalties for viola-
tion thereof," approved March 5, 1859.

By Mr. Packard :

House bill No. 239. An act to amend the twenty-ninth section
of an act entitled an act regi;lating General Elections, and prescrib-
ing the duties of officers in relation thereto, approved June 7, 1852.

By Mr. Kemp of Dubois:

House bill No. 240. An act supplemental to an act touching
the relation of guardian and ward, approved June 9, 1852.

By Mr. Packard :

558

House bill No. 241. An act to amend the seventh section of
" An act regulating the Fees of Officers, and repealing former acts
in relation thereto," approved March 2, 1855.

By Mr. Hanna :

Hou-^e bill No. 242. An act for the relief of Grafton F. Cook-
erly and Calvin Jones.

By conses't of the House, Mr. Packard introduced House joint
resolution No. 32 :

A joint resolution instructing our Senators, and requesting our
Representatives in Congress, to vote against the acceptance by the
Uiiited Srates of Legue Island for the location of a Navy Yard;

Which was read, and passed to a second reading.

By consent of the House, Mr. Miller made the following report
from a select committee :

Mr. SrEAKER :

The Select Committee, raised for the purpose of ascertaining the
number of pages a revised edition, in pan)phlet form, of so much of
the lavv on the subject of decedents estates as relates to the duties
of Executors, Administrators and Guardians would make, and to
ascertain the cost'of printing one copy to every two hundred inhabi-
tants of the State, hifve instructed me to report that, from the best
data they could obtai-n, they estimate the number of pages at not
exceeding forty-eight, and the cost of printing ten thousand copies,
including paper and binding, at 8510 00, as will be shown by the
copimunication of Joseph J. Bingham, vvhich is herewith submit-
ted and made a part of this report. In the judgment of your
commit! ee, the printing of said edition would be of great utility,
and they beg leave to introduce the following joint resolution, and
recommend its passage:

Resolved, That a committee of three be raised to ascertain as
near as may be, how many pages a revised edition, in pamplilet
form, of so much of the law as relates to the settlement of decedents
estates and the duties of executors, administrators and guardians,
with the necessary forms appertaining thereto, will make, and to
ascertain, also, the probable cost to the State of printing one copy

559

to every two bundled inhabitants of the State, of such edition, and
report their action to this House for its consideration at an early
day.

Indianapolis, February 13, 1SC3.

Mr. C. J. Miller, Chairman,

Dear Sir: — In answer io yonr inquiries in relition to 1he cost
of printing a paiTi]Dhlet ediiion of so much of the law as relates to
the seitlement of decedents estates and the duties of executors, in-
cludiiig paper and binding; I re])]y, if your estimate that the matter
will not exceed forty-eight pages is correct, it will cost the State
for paper, including cover, printing and binding, 8510 00 for ten
tliousaiid copies.

Yours, very respectfully,

J. J. BINGHAM.

Joint resolution No. 33, to provide for the printing and distribu-
tion of a pamphlet ediiion of certain portions of the law relating to
the settlem.ent of decedents estates.

The resolution was read, and passed to a second reading.

The special order being the consideration of the report of the
Commiitee on the AtTairs of the State's Prison North.

Mr. Tarkington moved to concur in the report.

Mr. Brown moved to amend the motion to concur by refeixing
the report to the Committee of Ways and Means.

Mr. Howard demanded a division of tlie question.

The question being on referring to the Committee of Ways and
Means the payment of debts of contractors ; it was so referred.

The question being on referring that portion of the report pro-
posing an appropriation to tlie Committee of Ways and Means; it
was so refeiTed.

A mcbsage from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed to present to the House enrolled act No. 22, of the

560

Senate. An act to amend the fifty-fourth section of chapter seven,
entitled an act defining misdemeanors, and prescribing punishment
therefor, approved June 14, 1852, to which the signature of the
Speaker is respectfully requested.

Mr. Hanna moved that the constitutional rule be suspended, and
House bill No. 242 read the second time now.

Tlie question being on the suspension of the rule.

Those who voted in the affirmative were-

Messrs.

Anderson,

Beyerle,

Bird,

Blocher,

Bran ham,

Brogan,

Brown,

Budd,

Burton,

Cason,

Chambers,

Collins,

Cook,

Davis,

DeBruler,

Donaldson,

Forrester,

Given,

Gregg,
Gregory,

Those

Griffith,

Hall,

Hanna,

Hardin of Perry.

Harney,

Hershey,

Ht^tfield,

Higgins,

Holcomb,

Hon,

Hostetter,

Howard,

Howell,

Howk,

Humphreys,

James,

Johnson,

Jones,

Kemp of Dubois

Kemp of Vigo,

Kendrick,

ivho voted in the ne

Lake,
Lamb,
Lee,
Leeds,

Lemmon of H..
Lemmon of S.,
Marshall,
Mason,
McCaughey,
Miller, '^
Milroy,
Moorman,
Mustard,
Mutz,
Newman,
Niblaek.
Noyes.

O'Brien of H.,
.O'Brien of M.,
Osborne,
Packard,

s^-ative ivere —

Pettibonc,

Priest,

Puett,

Reitz,

Richardson,

Rippey,

Robinson,

Roe,

Shaffer,

Shoaff of Jay,

Spencer,

Stone,

Tarkington,

Van Buskirk,

Veach,

Williams,

Waterman

Wolfe,

Woodruff,

Woolkn, and

Mr. Speaker-83.

Messrs. Cass and Hutchings — 2.

So the rule was suspended, and the bill read the second time.

Mr. Hanna moved to refer the bill to a select committee of five.
Agreed to.

The Speaker appointed Messrs. Hanna, Niblaek. Lemmon of
Spencer, Van Buskirk and Griffith said committee.

561

The special order being the report of the compromise committee
of thirteen,

Mr. Spencer moved that the committee have further time until
Tuesday next at 2 o'clock, P. M.

Messrs. Beyerle and Stone obtained leave of absence until Mon-
day 2 o'clock.

The House proceeded with the consideration of joint resolution
No. 21, pending at the adjournment at noon to-day.

Mr. Milroy demanded the previous question,
Which was ordered.

The question being, shall the resolution be engrossed ?

Messrs. Shaffer and Richardson demanded the ayes and noes.

Those ivho voted in the affirmative ivere —

Lemmon of S., Richardson,

Mason, Rippey,
McCaughey, Roberts,

Miller, ShafTer,

Milroy, Shoaflf of Jay,

Mutz, Spencer,

Niblack, Veach,
, O'Brien of M., Waterman,

Osborne, Williams,

Packard, Wolfe,

Harden of W., Lasselle, Priest, Woollen, and

Hardin of Perry, Lee, Puett, ' Mr. Speaker-50.

Harney, Lemmon of IL, Reitz

Messrs.

Hetfield,

Abbett,

Holcomb,

Blocher,

Hon,

Brogan,

Howard,

Burton,

Howell,

Collins,

Howk,

Cook,

Humphreys,

Donaldson,

KempofDul

Given,

Kemp of V]

Hall,

Lake,

Those who voted in the nesrative were-

Messrs.

Gregg,

Jones,

Newman,

Anderson,

Gregory,

Kendrick,

Noyes,

Branham,

Griffith,

Kilgore,

O'Brien ef H,

Budd,

Hershey,

Lamb,

Pettibone,

Cason,

Higgins,

Leeds,

Robinson,

Cass,

Hostetter,

Moorman,

Roe, and

Chambers,

Hutchings,

Mustard,

Woodruff— 28.

Davis,

James,

H. J.-

-36

562 • '

So the joint resolution was ordered to be engrossed.
Mr. Holcomb offered the following resolution •-

Resolved, That no member shall occupy the floor in debate longer
than fifteen minutes at any one time, without unanimous consent
of the House.

The resolution was laid over until to-morrow.

The House adjourned until to-morrow at 9 o'clock, A. M.

SATURDAY, 9 o'clock, A. M., )
February 21, 1863. \

The House met.

The Journal was read and approved.

REPORTS FROM STANDING COMMITTEES.

By Mr. Holcomb, Chairman of the Committee on Education :

Mr. Speaker :

The Committee on Education, to whom was referred a joint res-
olution of the Senate No. 1, proposing amendments to the Consti-
tution, have had the same under consideration, and have directed
me to report it back and recommend the passage of the same.

By Mr. Given, from the same committee :

Mr. Speaker :

The undersigned, members of the Committee on Education, to
whom was referred a joint resolution of the Senate No. 1, proposing
to amend the eighth and twenty-third sections of article four of the
Constitution, beg leave to make the following minority report :
That, in their opinion, the adoption of the proposed amendments
would eventually destroy our common school system ; that any
change at the present time in our school system would be unwise

563

and injudicions; therefore, they recommend that said resolution lie
upon the table.

The question being on concurring in the report of the minority
of the committee,

It was not concurred in.

The report of the majority of the committee was concurred in,
and the joint resolution ordered to a third reading.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker : ,

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bill of the House, to-wit :

House bill No. 44. A bill to amend the sixth section of an act
to fix the times of holding the Common Pleas Courts in the several
counties of this State, the duration of the terms thereof, and mak-
ing all process from the present Common Pleas Courts returnable
to such terms, and declaring when this act shall take effect, and re-
pealing all laws inconsistent therewith, approved March 5, 1859.

Messrs. Howk and Gregg obtained leave of absence until Mon-
day.

Mr. Pendleton obtained leave of absence on account of sickness.

By Mr. Holcomb, from the Committee on Education :

Mr. Speaker :

The Committee on Education, to whom was referred "a joint
resolution of the House, proposing an amendment to article eight
of the Constitution," have had the same under consideration, and
have directed me to report it back to the House, and recommend
that it lie upon the table, for the reason that a Senate joint resolu-
tion, proposing the same amendment, is now pending in this House.

The report was concurred in.

By Mr. Garvin, from the same committee :

Mr. Speaker:

The Committee on Education, to whom was referred a resolu-

564 ,

tion instructing them to inquire into the expediency of so changing
the law as to make it the duty of the Trustees of the several Town-
ships to select and employ all the teachers necessary to teach the
Common Schools in their respective Townships, have had the same
under consideration and recommend that said resolution lie on the
table.

The report was concurred in.

By Mr. Holcomb, from the same committee :

The Committee on Education, to whom was refeiTed a resolu-
tion instructing them to inquire into the expediency of so amend-
ing the law as to authorize the loaning of the School Funds at a
less rate of interest than is now fixed by law, have had the same
under consideration and recommend that any change in the law on
that subject would be inexpedient.

The report was concurred in.

By the same : „ :

Mr. Speaker: ■ j. . v

The Committee on Education, to whom was referred a petition
signed by sundry citizens of Perry County, that the sixth paragraph
of section six, chapter six of the revised Statutes be so amended as
to include a certain grant of land to the Tell City Free Schools,
have had the same under consideration and direct me to report, that
further legislation upon that subject is unnecessary, as in their
opinion said petitioners have under said section all that they desire;
the committee therefore recommend that said petition lie upon the
table.

The report was concurred in.

By Mr. Burton, from the Committee on the Trust Fund.
Mr. Speaker :

The Committee on the Trust Fund, to whom was re fe red House
resolution No. 12, (introduced by Mr. Miller), have had the same
under consideration, and have instructed me to report the same
back to the House, and recommend that it be referred to the Com-
mittee on the Sinking Fund, where it properly belongs.

The report was concurred in, and the resolution so referred.

565

By Mr. Forrester, from the Committee on the Sinking Fund.
Mr. Speaker :

The Committee on the Sinking Fund, to whom was referred
House bill No. 111. A bill to provide for the transfer of Sinking
Fund Mortgages to Counties which are entitled to dividends of
said fund, and prescribing the duties of certain officers and persons
wishing such transfer, and repealing all laws and part of laws com-
ing conflict with this act, have had the same under consideration,
and directd me to report the same back to the House, and recom-
mend its passage.

The report was concurred in. v . ; • ■/

By Mr. Spencer, from the Committee on the Rights and Privi-
leges of the Inhabitants of this State.

Mr. Speaker : .. ,

The Committee on Rights and Privileges, to whom was referred
House bill No. 169, introduced by Mr. Mutz, request me to say that
they have had the same under consideration, and report the same
back to this House, and recommend that the same be laid upon the
table.

The report was concurred in.

By Mr. Miller, from the same committee : '

Mr. Speaker :

The Committee on Rights and Privileges, to whom was referred
a resolution with instruction to inquire what legislation, if any, is
necessary to prohibit the firing of guns or pistols on or across high-
ways, or on the Sabbath day, to the disturbance of persons engaged
in worship, have had the same under consideration and deem fur-
ther legislation on that subject inexpedient, and direct me to report
said resolution back, and recommend that it be laid on the table.

The report was concurred in.

By Mr. Kilgore, from the same committee:
Mr. Speaker : '

The Committee on Risfhts and Privile2;es of the Inhabitants of

566

this State, to whom was referred House bill No. 161, entitled "An
act to amend the twenty-second section of an act entitled ' An act
concerning enclosures, trespassing animals and partition fences,' "
approved June 4, 1852, have had the same under consideration,
and have directed me to report it back to the House, and recom-
mend its passage.

The report ^vas concurred in, and the bill ordered to be engrossed.

By Mr. Moorman, from the same committee :

Mr. Speaker :

The Committee on the Rights and Priviliges of the Inhabitants
of the State, to whom was referred a resolution instructing them to
inquire into the propriety of enacting a law to compel gravel, plank,
McAdamized and turnpike companies to erect their toll gates at
such a distance from the dwelling houses of persons living on said
road as not to interfere with their rights, or disturb the peace and
comfort of such persons or their families, beg leave to report that
they have duly considered the subject and are of the opinion that
legislation on the subject would be inexpedient, and would there-
fore recommend that said resolution lie upon the table.

The report was concurred in.

By Mr. Rippey, from the Committee on Manufactures and Com-
merce.

Mr. Speaker : " '

The Committee on Commerce and Manufactures, to whom was
referred the resolution offered by Mr. Jones, instructing them to in-
quire into the expediency of taking measures for the introdtiction
of machinery for the manufacture of flax linnen, to ascertain, if
possible, what the probable costs would be, and if found practicable,

to recommend an appropriation of 8 for the encouragement

of the enterprise, respectfully report that they have hacT the same
under consideration, and have directed me To report that4t is inex-
pedient to legislate on the subject at this time. f

The report was concurred in.

By Mr. Lasselle, from the Committee on Engrossed Bills.
Mr. Speaker : ■ . ;

567

The Committee on Engrossed Bills respectfully report that they
have carefully compared engrossed House bills Nos. 32, 94, 116,
118, 142, 165, 170, 180, 191, 193, 205, and 211, with the original
bills, and fmd that the same have in all respects been accurately
and correctly engrossed.

REPORTS FROM SELECT COMMITTEES.

By Mr. Blocher :

Mr. Speaker :

The select committee to whom was referred House bill No. 213,
an act to amend the forty-fifth section of an act entitled "an act to
provide for the opening, vacating, and change of highways," request
me to say that they have had said bill under consideration, and to
report the same back to this House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Given :

Mr. Speaker:

The select committee to whom was referred House bill No. 91,
a bill to provide compensation to the owners of animals killed or
injured by the cars, locomotives, and other carriages of any rail-
road in this State, and to enforce the collections of judgments
rendered on account of the same, and to repeal all laws inconsist-
ent therewith, and have instructed me to report the same back to
the House, and amend by striking out all after the enacting clause
and insert the following, and when so amended the committee re-
commend its passage :

Section 1. That lessees, assignees, receivers, and other persons,
running or controlling any railroad, in the corporate name of such
company, shall be liable, jointly or severally, with such company,
for stock killed or injured by the locomotives, cars, or other car-
riages of such company, to the extent and according to the provis-
ions of this act.

Sec. 2. That whenever any animal or animals shall be, or shall
have been killed or injured by the locomotives, cars, or other car-
riages used on any railroad in, or running into or through this State,

568

whether the same may be, or may have been, run and controled by
the company or the lessee, assignee, receiver, or other person, the
owner thereof may go before some justice of the peace of the
county in which such killing or injury occurred, and file his com-
plaint in writing, and such justice shall fix a day to hear said com-
plaint, and shall cause at least ten days' notice to be served on the
railroad company, by a service of summons by copy, on any con-
ductor of any train passing into or through said county, but in all
such cases, when the value of any animal or animals so killed, or
the injury done, shall exceed fifty dollars, the owner or owners of
any such animal or animals may file his or their complaint, and
prosecute his or their claim before such justice of the peace, in the
court of common pleas, or in the circuit court of the county at his
or their option. '

Sec. 3. When such complaint shall be filed in the court of
common pleas, or in the circuit court, the clerk of said court shall
issue a summons thereon as in other cases, which summons shall
be served by the sherifl\:)n the railroad company defendant, at least
ten days before the first day of the term, at which such case is to
be heard, and such summons may be served by copy, on any con-
ductor on any train on said road, passing into or through said
county.

Sec. 4. The action may in all cases contemplated by this act,
to be brought against the railroad as defendants, whether the same
is or was being run by the company or by a lessee, assigned re-
ceiver, or other person, in the name of such company.

Sec. 5. On the hearing of any such cause, the court or jury try-
ing the same shall give judgment for the plaintiff or plaintilis, for
the value of the animal or animals killed, or the injury done, with-
out the regard to the question whether such killing or injury was
the result of wilful misconduct or negligence, or the result of un-
avoidable accident; and if such cause be commenced in the Court
of Common Pleas or Circuit Court of the county in which such
animal or animals are killed, or such injury done, the court shall, on
the motion of the plaintiff or plaintiffs, on the rendition of such
judgment, or afterward, at any time when notice of such motion
has been served on the railroad company defendant, at least ten days
before the first day of the term of the court at which such motion
is to be heard, order a writ to issue, directed to the Sheriff' of the

569

proper county for any agent, conductor, employee of such railroad
company, or of the lessees, receivers or assignors of such company,
named in such motion, to appear forthwith, or at such time as the
court may direct, and answer, upon oath, as to the amount of m.oney
in their hands, if any, belonging to such company, or to such as-
signees, lessees, receivers, as afore^^aid, and also as to the probable
amoimtof money received by such ngents, conductors or employees,
as aforesaid, belonging to such railroad company, lessees, assignees
or receivers, as aforesaid; and such agent, conductor or employee,
as aforesaid, shall answer that he has, or that they have any such
moiiev, or are in a constant receipt of money, as such agent, con-
ductor or employees, as aforesaid, the court shall order such agent,
conductor or employee, as aforesaid, to pay into the Clerk's office of
such court, at such times as may be named by the court, such por-
tions of the money so held or received, as aforesaid, not exceeding
one half of the amount thereof, that may be deemed just by the court,
until such judgment is fully paid and satisfied.

Sec. 6. Any person obtaining a judgment before a Justice of
the Peace, for any animal or animals killed or injured by the cars,
locomotives, or other carriages, by any railroad in this State, may,
upon the filing of a certified transcript of such judgment in the of-
fice of the Clerk of the Common Pleas Court of the county in
which such animal or animals are killed or injured, and upon the
Clerk of such court entering the same on the order-book thereof,
may, upon notice and motion made in such court, as specified in
the fifrh section of this act, shall be entitled to the order and pro-
ceedings as therein specified.

Sec. 7. This act shall not apply to any railroad securety fund
properly maintained by such company, lessee, assignee, receiver, or
other person running the same.

Sec 8. That any agent, conductor, or any employee who shall
fail, refuse or neglect to perform or obey the orders of the courts, as
specified in this act, shall be deemed guilty of contempt of the
court, and fined in any suih not exceeding five hundred dollars,
to which may be added imprisonment in the county jail for a period
not exceeding six months.

Sec. 9. AlUaws, or parts of laws, in conflict with the provisions
of this act are hereby repealed.

570

Sec. 10. Whereas, an emergency exists for the immediate taking
effect of this act, the same shall be in force and take effect from and
after its passage.

The amendment was adopted, and the bill, as amended, ordered
to be engrossed.

Mr. Griffith, from a select committee on House bill No, 195, re-
ported an amendment.

The bill and aniendmcnt were informally laid on the table.

Mr. Woollen, from a select committee on House biU No. 11, re-
ported an amendment.

Mr. Moorman moved that the further consideration of the bill,
report an.d amendment be postponed until Monday evening next at
7+ o'clock.

Agreed to,

RESOLUTIONS OF THE HOUSE.

By Mr. Waterman:

Whereas, There are a variety of opinions and constructions of
the law, or laws, now in force for the re-survey of lands heretofore
surveyed by the United States, thereby causing much trouble, liti-
gation, and consequent expense to the people of the State; there-
fore, be it

Resolved, That the Committee on County and Township Busi-
ness be instructed to inquire into the expediency of more clearly de-
fining, by law, the mode of re-surveying lands heretofore surveyed
by the United States, clearly specifying how the loss or overplus
shall be adjusted in fractional, as well as whole sections, and said
committee report by bill or otherwise.

Adopted.

By Mr. Blocher:

Resolved, That the Superintendents of the Institutes for the Ed-
ucation of the Deaf and Dumb, and the Hospital for the Insane be
requested to furnish to this House a list of the names of the per-
sons and firms from whom they have jmrchased dry goods, groce-
ries, and every other article consumed in said institutions during
the past fiscal year, together with the amount of each bill.

571

Adopted.

By Mr. Miller:

Resolved, (the Senate concurring,) That we go into the election
of one trustee for each asylum, on Friday. 27th inst., at two o'clock
P. M.

Adopted.

Mr. Humphrevt; moved to reconsider the vote of yesterday, by
which House bill No. 174 was laid on the table.
Agreed to.
The bill was referred to the Committee on the Judiciary.

The following bills were introduced, read the first time, and
passed to a second reading :

By Mr. Mason :

House bill No. 243. An act to enable the several judges of the
circuit courts throughout this State, to appoint circuit prosecutors
in case there be any charge of felony likely to be brought against
the circuit prosecuting attorney, and to compel the foreman of the
grand jury to report the fact of such felony likely to be so found
against the prosecuting attorney to the judge of the court.

House bill No. 244. An act to amend the forty-first section of
an act to amend an act entitled an act to repeal all general laws,
now in force for the incorporation of cities, prescribe their powers
and riglits, and the manner in which they shall exercise the same,
and to regulate such other matters as properly pertain thereto,
(which first act was approved March 9, 1857,) which amended act
was approved March 11, 1861.

By Mr. Robinson:

House bill No. 245. An act to change the sixteenth section of
an act entitled an act to fix the times of holding the common pleas
courts in the several counties in this State.

By ]Mr. Niblack :

House bill No. 246. . An act to classify the incorporated cities
of the State of Indiana, and for the better regulation of the police
of the same.

572

]Mr. Miller moved to reconsider the vote by which Senate bill
No. 33 was laid on the table.
Agreed to.

Mr. Miller moved to refer the bill to a select committee of three.
Agreed io.

The Speaker appointed Messrs. Miller, Shoaffof Jay, and O'Brien
of Hamilton, said committee.

By consent of the House, Mr. Griffith offered the following reso-
lution, which was adopted:

Rcsoli'cd, That the Committee on Benevolent Institutions be
requested to visit the Institutions for the Insane and Blind during
the coming week, and that leave of absence be granted them for
said purpose.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Spi^akkr :

I am directed to inform the House that the Senate has passed
the following concurrent resolution, to-wit :

Wherf.as, The policy pursued by the military authorities having
charge of the volunteer militia of this State in the prosecution of
the w^ar, in refusing furloughs to our sick and wounded soldiers
whereby they could return to their homes for the restoration of
their health, until their final recovery was beyond reasonable hope,
is a needless and cruel sacrifice of the lives of our citizen soldiers,
detrimental to the public service by discoviraging enlistments, and
creating a feeling of hostility to the war;

And Whereas, The Legislature of Indiana has already placed
the necessary means in hands of the Governor, to avert as far as
possible the sad calamities of this which is filling our State with
desolated homes, and is still willing to adopt every means within its
power to save the lives of those who have generously and patriot-
ically ofl'ered them to the service of their country, for the restora-
tion of the Union ; therefore.

Be it resolved by the Senate [the House concurring;) That
His Excellency, Oliver P. Morton, together with our Senators and
Representatives in Congress, be and they are hereby respectfully

573

requested to use their influence with the War Department, in such
manner as shall procure for each sick and wounded Indiana soldier
a furlough home at the expense of the Government, whenever the
regimental or hospital surgeon shall certify that said sick or wound-
ed soldier is not likely to be fit for duty within twenty days.

Resolved, That suitable arrangements also be made wherebv all
such furloughed soldiers of this State shall be reported to the Ad-
jutant General of the State, their names, places of residence, and
the time for which they have been furloughed, in order that at the
expiration of their furlough, or at such time after tlie expiration
thereof as they shall be declared fit for duty by competent sur-
geons, at their place of residence, all such may by the Adjutant
General of the State, be ordered back to their several regiments.

Resolved, That upon the passage of this concurrent resolution, a
cop)^ thereof be presented to the Governor, and one forwarded to
each of our Senators and Representatives in Congress by the Sec-
retary of State.

In which the concurrence of the House is respectfully requested.

The resolutions of the Senate were unanimously concurred in,
and the Clerk ordered to inform the Senate thereof.

]\fr. Noyes, from the Committee on Temperance, made the fol-
lowing report :

Mr. Speaker:

The Committee on Temperance, to whom was referred House
bill No. 214, being a bill to amend the third section of an act en-
titled an act to regulate and license the sale of spirituous, vinous,
malt and other intoxicating liquors ; to repeal all former laws con-
travening the provisions of this act, and prescribing penalties for the
violation thereof, approved March 5, 1859, have had the same under
consideration and have directed me to report the same back, and
recommend its passage.

The report was concttrred in, and the bill ordered to be engrossed.

IMr. Milroy, by consent of the House, offered the following reso-
lution, which was adopted : ^ - i

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of so amending the road law as to

574

put all roads on lines that run parallel with said road, if said change
does not injure or worst the road, and that a majority of road dis-
tricts only be required to make such change without petitioning to
County Commissioners, as the original law requiies, and that the
committee report by bill or otherwise.

The House adjourned until Ih o'clock, P. M. ■ , ■■

IJ o'clock p. m.
House met.

BILLS ON THEIR SECOND READING. . , .

The following bills were read the second time:

House bill No. 233. An act to repeal section 119 of an act en-
titled " An act to provide for the valuation and assessment of real
and personal property, and the collection of taxes in the State of
Indiana; for the election of Township Assessors, and prescribing the
duties of Assessors, Appraisers of Real Property, County Treasur-
ers and Auditors, and of the Treasurer and Auditor of State," ap-
proved June 21, 1852.

Referred to the Committee on the Judiciary.

House bill No. 234. An act supplemental to the several acts
heretofore passed in relation to ditching and draining the Swamp
Lands donated by the United States.

Referred to the Committee on Swamp Lands.

House bill No. 235. An act for the relief of Jacob Haines of
Warren County.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

By Mr. Packard:

House bill No. 236. An act to confirm a purchase of certain
real estate, made by the Board of Control of the State Prison

575

North, of the Pittsburg, Fort Wayne and Chicago Railroad Com-
pany.

Referred to the Committee on the Atlairs of the State's Prison
North.

House bill No. 237. An act to amend the first second and
third sections, and to repeal the seventh section of an act entitled
an act relating to the State University, supplemental to and amen-
datory of the second section of an act entitled " An act providing
for the government of the State University, the management of its
funds, and for the disposition of the lands thereof," approved June
17, 1852, and for securing a more economical administration of its
aftairs by lessening the number of its Board of Trustees and limit-
ing the expenses of managing its funds, and to extend the time of
final payment for University Lands, and to exempt purchasers of
such lands from forfeiture of the same, and to provide for the sale
of forfeited lands.

Ordered to be engrossed.

House bill No, 238. An act to amend section fourteen and fif-
teen of an act to regulate and to license the sale of spirituous, vin-
ous, malt and other intoxicating liquors; To prohibit the adultera-
tion of liquors ; to repeal all former laws contravening the provisions
of this act, and providing penalties for violation, approved March
5, 1859.

Referred to the Committee on Temperance.

Plouse bill No. 239. An act to amend the twenty-ninth section
of an act entitled '' An act regulating General Elections, and pre-
scribing the duties of officers in relation thereto," approved June 7,
1852.

Referred to the Committee on Elections.

House bill No. 240. An act supplemental to an act entitled "An
act touching the relation of guardian and ward," approved June
9, 1852.

Referred to the Committee on the Judiciary.

House bill No. 241. An act to amend the seventh section of
" An act regulating the Fees of Officers, and repealing former acts
in relation thereto," approved March 2, 1855.

Referred to the Committee on Fees and Salaries.

576
The following Senate bills were read the second time :

Senate bill No. 102. An act to authorize the Board of Directors
of the Bank of the State of Indiana to remove- any of its
branches, and providing the conditions'on which this act shall take
effect.

Referred to the Committee on Banks.

Senate bill No. 112. An act to amend the seventh section of an
act entitled "An act to provide for the election of a Reporter, and
a speedy publication of the decisions of the Supreme Court, and
for the compensation of such reporter," approved February 5, 1852.

Referred to the Committee on the Judiciary.

Senate bill No. 90. An act to authorize the Bank of the State
of Indiana to reduce the capital stock of a branch or branches of
said bank, and to close up to the business and atfairs of a branch
or branches of said bank, under certain regulations, and amenda-
tory of an act entitled "An act to establish a bank with branches,"
passed March 3, 1855.

Referred to the Committee on Banks.

Senate bill No. 87. An act to amend section 25 of an act pro-
viding for the election or appointment of Supervisors of highways,
and providing certain of their duties, and those of county and
township officers in relation thereto, approved March 5, 1859.

Referred to the Committee on County and Township Business.

Senate bill No. 85. An act providing for the appointment of
Master Commissioners, defining their duties, and fixing their compen-
sation, and repealing all other laws on the subject.

Referred to the Committee on the Judiciary.

Senate bill No. 82. A bill to repeal, an act entitled "An act to
authorize the Bank of the Slate of Indiana to lay off and create
five additional Bank Dit^tricts, and locate and establish branches
therein," apjn-oved March 9, 1861.

Referred to the Committee on Banks.

Senate bill No. 73. An act to amend section 14 of an act enti-
tled "An act authori'/ing the construction of plank, McAdamized
and gravel roads, approved May 12, 1852, and to extend time in

577 ■ -

which companies organized tinder said act shall commence and
complete the construction of their roads."
Referred to the Committee on Corporations.

Senate bill No. 69. An act to amend section 76 of an act enti-
tled "An act providing for the settlement of decedents' estates, pre-
scribing the rights, liabilities and duties of officers connected with
the management thereof, and the heirs thereto, and certain forms
to be used in such settlement," approved June 17, 1852.

Referred to the Committee on the Judiciary.

Senate bill No. 62. An act to amend the first section of an act
entitled "An act for the incorporation and continuance of building
Loan Fund and Savings Association," approved March 5, 1857.

Referred to the Committee on Corporations.

Senate bill No. 59. A bill fixing the amount of fees to be paid
into the State Treasury for the services of the Auditor and Secre-
tary of State in certain cases, repealing all laws in conflict there-
with, and amending the fourth section of an act supplemental to
the Swamp Land act," approved June 14, 1852.

Referred to the Committee on Fees and Salaries.

Senate bill No. 58. "An act to amend an act to authorize the
Board of Commissioners of the several counties in the State of In-
diana, and the authorities of any incorporated city or town in said
State, to make appropriations in certain cases, and to legalize cer-
tain appropriations therein s|)ecified," approved May 11, 1861, so
as to au;hoiizc said Boards to make appropriations for bounties
for volunteer.-;, disintering, tran:<portation and intering the bodies of
deceased soldiers, and erecting monuments to their memories.

Referred to the Committee on County and Township Business.

Senate bill No. 66. A bill to amend the 134th section of an act
providing for the settlement of decedents' estates, prescribing the
rights, liabilities and duties of officers connected with the manage-
ment thereof, and liens thereto, and certain forms to be used in
such settlement, approved June 17, 1852, and declaring when thi.s^
act shall take effect.

Referred to the Committee on the Judiciary.

Senate bill No 74. An act to fix the time of holding the Com-
H. J.— 37

578

mon Pleas Courts in the fifth district, and to repeal all other laws
on the same subject.

Referred to the Committee on the Organization of Courts.

Senate bill No. 57. An act entitled an act to allow county
commissioners to organize Turnpike Companies, where a majority
of persons representing the real estate within prescribed limits pe-
tition for the same, and to levy a tax for its construction and pro-
vide for the same to be free.

Referred to a select committee of five, consisting of Messrs
O'Brien of Hamilton, ^lustard, Nevv-man, Miller, and Howard.

Senate bill No. 51. An act to amend the second section of an
act entitled " an act relative to the salaries of public officers, provi-
ding the manner of paying the same, and the manner of re-imburs-
ine" the State for an increase of salaries," approved March 5, 1859.

Referred to the committee on Fees and Salaries.

Senate bill No. 52. An act to amend the 55th section of an act
entitled "an act to amend an act to authorize and regulate the bu-
siness of general ^banking," passed March 3, 1855.

Referred to the committee on Banks.

Senate bill No. 45. An act to amend the second section of an
act in relation, to county auditors, approved May 31, 1852.

Referred to the Conmiittee on County and Township Business.

Senate bill No. 42. A bill defining the ofTense of bastardy, and
prescribing the punishment therefor.

Referred to the Committee on the Judiciary.

Senate bill No. 40. A bill to amend section first of an act en-
titled "an act to provide for a general system of common schools,
the oificers thereof, and their respective powers and duties, and
matters properly connected therewith, and for the establishment
and regulation of township libraries, and to repeal all laws incon-
sistent therewith.

Referred to the Committee on Education.

Senate bill No. 38. An act authorizing the sale of canals, au-
thorizing the purchaser or purchasers, and liis or their assignees, to
oro-anize companies, and fixing the powers of such companies, and
excepting certain canals from the provisions of this act.

579

Mr. Perry offered the following amendment:

Amend fourth section by striliing out all of said section after the
first proviso, and insert the following : That it shall be the duty
of said purchaser or purchasers, his or their heirs or assigns, to keep
said canal in good, navigable condition, until a railroad is con-
structed along the same, as hereinafter provided for, and tl)at the
navigation of said canal shall only be obstructed and closed as said
railroad is completed, and it shall further be the duty of said purchaser
or purchasers, his or their heirs or assigns, to forever keep up and
maintain the water power now in use on said canal, and upon
failure of said purchaser or purchasers, or his or their heirs or
assignees, to keep said canal in navigable condition, and to keep
up the water power as aforesaid, said canal and all of the poM^ers,
rights, privileges, franchises, and immunities so purchased, and
every thing passing by said sale, shall revert to said canal company,
and become the property of the same as fully and completely as
though said sale had never been made ; And provided further, That
such purchaser or purchasers, his or their heirs or assigns, shall take
said canal, subject to all the rights of lessees of water power from
said canal company, and in the future leasing thereof shall be in
all things bound by the stipulations of the contracts now held by
said lessees from said canal company, as to the manner in which
said water power shall be let, and as to the disposition of the prop-
erty held by said lessees, their heirs or assigns,

Tlie bill and amendment were referred to a select committee of
five, consisting of Messrs. Hall, Hetfield, Perry, Brogan, and Budd.

Senate bill No. 13. An act requiring all corporations formed, or
which may hereafter be formed for the purpose of constructing,
owning, controlling, or operating a railroad in this State, to elect
three-fourths of the members of their board of directors from stock-
holders, resident in the State, excepting from the provisions of this
act certain railroad companies that have consolidated their stocks
and organizations, and atFixing certain penalties for non-compliance
with the provisions of this act.

Referred to the Committee on Railroads. ,

Senate bill No. 37. An act to amend the twentieth and twenty-
first sections of the act entitled an act providing for the elections
or appointments of supervisors of highways, and prescribing certain
of their duties, and those of county and township ofiicers, in rela-

580

tion thereto, approved March 5, 1859, and to make additional pro-
visions on the same subject.

Referred to the Committee on County and Township Business.

The following joint resolutions were read the second time :

Joint Resolution No. 5. A joint resolution instructing our Sena-
tors and requesting our Representatives in Congress to use their
influence to secure the payment of bounty to discharged and dis-
banded soldiers ;

Was read, and passed to a second reading.

Joint Resolution No. 28. A joint resolution providing for the
payment of our soldiers in gold or its equivalent in paper currency.
Ordered to be' engrossed.

Joint House Resolution -No. 29. Joint House resolution as to
connection with Eastern States.

Referred to the Committee on Federal Relations.

Joint Resolution No. 30. A joint resolution instructing our
Senators and requesting our Representatives in Congress to oppose
the passage of the law to indemnify the President, and those act-
ing under him for illegal and arbitrary arrests.

Ordered to be engrossed.

Joint resolution No. 31. Resolved^ That our Senators be in-
structed, and our Representatives in Congress be requested to
oppose the passage of a general bankrupt law by Congress, during
their term of office in Congress.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

Joint resolution No. 26. A joint resolution pledging the powers
of the State to the support of the Union, and condeming certain
official acts of the President of the United States.

Mr. Griffith offered the following amendment:

Amend fifth section by striking out all of said section and insert-
ing as follows :

Resolved, That there is a law higher than any Constitution

. . 581

written by man ; that law being the revelation of the Divine will ;
and as that law requires all men to render unto Caesar those things
which are Ca3sar's and unto God those things which are His, and
as it is manifest that the Divine authority is incomparably superior
to that of Caesar, it is therefore unquestionable that he who follows
the teachings of that law is not only more acceptably fulfilling his
duties as a citizen, but is also bound by such superior authority
where laws of God conflict with those of man, to obey the first, but
as a good citizen to suffer the penalty for the disobedience of the
latter. Further, that as said higher law inculcates obedience to the
powers that be by the law of God, the only reliable standard for the
government of man, socially or politically, therefore it is the duty
of every citizen to obey every law of the land, which does not vio-
late the great eternal principles of justice and truth revealed in
(xod's law.

Further, That governments, to be properly a terror to the evil
doer, and a praise to them that do well, must be erected upon
those great principles promulgated by the law of God.

Amend section six by striking out all after the word India7ia,nnd
inserting the following:

That the President of the United States was declared to the
world that the present war was for the maintenance of the Union,
and of the Constitution, we hereby indorse the use of all means
having that much wished for consummation in view, but should the
present administration change this contest to one for the abolition
of slavery alone, every patriot should denounce and condemn it as
unwise, unjust, unpatriotic, and as a visionary adoption of a
shadow in lieu of the substance.

Amend last section by striking out and inserting as follows :

Resolved, That the arrests of citizens guilty, or supposed to be
guilty of crime against the Government, without due process of
law, is not warranted by the Constitution, unless a great over-
powering necessity to save the nation does not admit of time to
procure the necessary process, but when an anrest is made, immedi-
ately thereupon charges should be preferred, if any exist, that the
parties arrested may have a full, free and impartial trial.

Referred to the Committee on Federal Relations, with instruc-
tions to inquire whether the doctrines inculcated in the first resolu-

■ • 582 .

tiou of the proposed amendment do not conflict with the Declara-
tion of Independence.

Joint resolution No. 32, A joint resolution instructing our
Senator^;, and requesting our Representalives in Congress 1o vote
against the acceptance by the United States of " League Island"
for the location of a Navy Yard.

Ordered to be engrossed.

Joint resolution No. 33. A joint resolution to provide for the
printing and distribution of a pamphlet edition of certain portions
of the law relating to the settlement of decedents estates.

Referred to the Committee of Ways and Means. :

The following Senate bills were read the first time, and passed
to a second reading. .

Senate bill No. 18. A bill to amend section twenty-three of an
act to provide for the opening, locating and change of highways,
approved June 17, 1852.

Senate bill No. 72. An act to amend section forty-two of an
act entitled " An act to repeal all laws now in force for the incor-
poration of Cities, and to provide for the incorporation of Cities,
prescribe their powers and rights, and the manner in which they
shall exercise the same, and to regulate such other matter as pro-
perly pertains thereto.

Senate bill No. 83. An act providing that creditors and sureties
shall have a right of action, in certain cases, before the debt or lia-
bility is due, and providing a remedy by attachment in such cases,
and declaring when this act shall take effect.

Senate bill No. 96. A biU requiring the Clerk of the Common
Pleas and Circuit Courts and County Auditors to make indexes
to records in certain cases.

Senate bill No. 97. An act to provide for the regulation of fare
charged by Railroad Corporations or Companies for the transpor-
tation of passengers on railroads, and prescribing penalties for the
violation of this act.

Senate bill No. 99. An act to provide for issuing fee biUs and

583

execution against sureties in appeal bonds in cases appealed to the
Circuit or Common Pleas Court.

Senate bill No. 101. An act to amend section 40 of "an act to
revise, simplify, and abridge the rules, practice, pleadings, and
forms, in civil cases, in the courts of this Slate, to abolish distinct
forms of actions at law, and to provide for the administration of
justice in a uniform mode of pleading and practice, without dis-
tinction between law and equity," approved June 18, 1852.

Senate bill No, 125. A bill to amend the fifth section of an act
entitled " an act for incorporating the Wabash Manual Seminary,"
approved January 15, 1834, approved February 8, 1851

Senate Ijill No. 126. A bill to amend the fifth section of an act
entitled "an act regulating the adoption of heirs."

The House adjourned until Monday at 9 o'clock, A. M.

MONDAY, 9 o'clock, A. M., }
February 23, 1863. \

Thv House met.

The readinof of the Journal was dispensed with.

Mr. Van Buskirk, from the Committee on Agriculture, made the'
following report :

Mr. Speaker:

The Committee on Agriculture, to whom was referred House
bill No. 154, entitled " an act to provide for the opening of ditches,
the changing of water courses, and keeping the same open, and re-
pealing all laws inconsistent herewith," have had the same under
consideration, and direct me to report the same back to the House
and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

584

The House suspended the order of business, and took up House
bills on their second reading.

The following bills were read the second time :

House bill No. 243. An act to enable the several Judges of the
Circuit Courts throughout this State to appoint Circuit Prosecu-
tors in case there be any charge of felony likely to be brought
against the Circuit Prosecuting Attorney, and to compel the Fore-
man of the Grand Jury to report the fact of such felony likely to
be so found against the Prosecuting Attorney to the Judge of the
court.

Referred to the Committee on the Judiciary.

House bill No. 244. An act to amend the forty-first section of
an act to amend an act to repeal all general laws now in force for
the incorporation of cities, prescribing their powers and rights, and
the manner in which they shall exercise the same, and to regulate
such other matters as properly pertain thereto.

Referred to the Committee on Corporations.

House bill No. 245. An act to amend the sixteenth section of an
act entitled " an act to fix the time of holding the Common Pleas
Courts in the several counties of this State, the duration of the
terms thereof, and making all process from the present Common
Pleas Courts returnable to such terms, and declaring when this act
shall take effect, and repealing all laws inconsistent therewith," ap-
proved March 4, 1861.

Referred to the Committee on the Organization of Courts.

•

House bill No. 246. An act to classify the incorporated cities of
the State of Indiana, and for the better regulation of the police of
the same.

Laid on the table,- and two hundred copies ordered to be printed
for the use of the House.

The following Senate bills were read the second time:

Senate bill No. 18. An act to amend section 23 of an act enti-
tled "an act to provide for the opening, vacating and change of
highways," approved June 17, 1852.

Referred to the Committee on Roads.

585
■%

Senate bill No. 72. An act to amend section 42 of an act entitled
"an act to repeal all general laws now in force for the incorporation
of cities, and to provide for the incorporation of cities, prescribe
their powers and rights, and the manner in which they shall exer-
cise the same, and to regulate such other matter as properly pertain
thereto."

Referred to the Committee on Corporations.

Senate bill No. 83. An act providing that creditors and sureties
shall have a right of action in certain cases before the debt or lia-
bility is due, and i)rovidiiig a remedy by attachment in such cases,
and declaring when this act shall take effect.

Referred to the Committee on the Judiciary.

Senate bill No. 96. A bill requiring the Clerk of the Common
Pleas and Circuit Courts and County Auditor to make indexes to
records in cetain cases.

Referred to the Committee on County and Township Business.

Senate bill No. 97. An act to provide for the regulation of fare
charged by railroads, corporations, or companies for the transporta-
tion of passengers on railroads, and prescribing penalties for the
violation of this act.

Referred to the Committee on Railroads.

Senate bill No. 99. An act to provide for issuing fee-bills, and
executions against sureties in appeal bonds in cases appealed to the
Circuit or Common Pleas Courts.

Referred to the Committee on the Judiciary.

Senate bill No. 101. An act to amend section forty of an act to
revise, simplify, and abridge the rules, practice, pleadings, and forms
in civil cases in the courts in this State, to abolish distinct forms
of action at law, and to provide for the administration of justice
in a uniform mode of pleading and practice, without distinction
between law and equity, approved June 18, 1852.

Referred to the Committee on the Judiciary.

Senate bill No. 125. A bill to amend the 5th section of an act
entitled an act to amend an act entitled an act for incorporating
the Wabash Manual Seminary, approved January 15, 1834, ap-
proved February 8, 1851.

Ordered to a third readinsf.

58(5

Senate bill No. 126. A bill to amend the 5th section of an act
entitled "An act regulating the adoption of heirs."
Ordered to a tiiird reading.

The Speaicer laid before the House a message from the Gov-
ernor, in relation to the condition of the State Arsenal, received by
the House on Friday last.

Tvxo handled copies were ordered to be printed for the use of
the House.

Joint resolution No. 5. A joint resolution instructing our Sena-
tors and requesting our Representatives in Congress to use their
influence to secure the payment of bounty to disabled and dis-
charged soldiers ;

Was read the second time and passed to a third reading.

Mr. Milroy, from the Committee on Agriculture, made the fol-
lowing report :

Mr. Speaker:

The Committee on Agriculture, to whom was referred House
bill No. 196, in relation to the protection of sheep, and 198, in re-
lation to tlie harboring of dogs, have had the same under conside-
ration, and have instructed me to report said bills back and recom-
mend that they be referred to the Committee on County and Town-
ship Business.

The report was concurred in.

Mr. Griffith, from a select committee made the following report:
Mi;. Speaker:

The select committee, to whom was referred House bill No. 77,
"A bill erecting the 16th Judicial Circuit, providing for a judge
thereof, making all process returnable tlierelo, fixing the commence-
ment and length of terms of com-ts, and atttaching the county of
Huntington to the 16th Judicial Circuit, have had the same under
consideration, and have directed me to report tlie same back with
the following amendment:

Amend by striking out the 5th and 6th sections. Amend section
9 by striking out the emergency clause and insert as follows :

Sec. 9. This act shall be in force and effect from and after the

587

next general election in October, A. D. 1864, at which time there
shall be elected for said 16th Judicial Circuit, a judge and prose-
cuting attorney by the legal voters thereof.

The bill, amendment, and report \,vere referred to the Committee
on the Judiciary.

Mr. Harney olt'ered the following resolution :

Resolved., Tliat wluai ihis House adjourns it adjourns to meet
this evening at 7 J o'clock.

Mr. Shaffer offered the following amendment:

Amend by striking out all after the word res^olved, and inserting
the following: "that when this House adjom-ns, it adjourns to meet
to-ill orrow at 9 o'clock, A. M."

Mr. Harney moved that the amendment lie on the table.
Agreed to.

The resolution was adopted.

Mr. Waterman offered the following resolution :

Resolved, That the Auditor of State be required to furnish to
this House, at as early a day as possible, a statement showing the
amcamts, if any, that have been drawn during the two years end-
ing on the 31st day of January, 1863, out of the general fund, on
account of expenses for which appropriations were made at the
last regular or special sessions of the Legislature, and also state
whether warrants have been drawn on appropriations made for
certain purposes, to pay other items of expense, and if so state
their nature and accounts. ■,

Adopted.

Mr. Kilgore offered the following resolution :

Resolved, That ten thousand copies of the last message of His
Excellency Governor Morton, be printed for the use of the mem-
bers of the House, to be by them distributed among the Indiana
soldiers in the service.

Mr. Niblack moved to refer the resolution to the CoUimittee on
Printing.

588
The House adjourned until 7+ o'clock, P. M.

7J o'clock, p. M.

The House met.

The Speaker ordered a call of the House.
Sixty-seven members answered to their names.

The special order for this evening being the report of the Com-
mittee on the Enforcement of the Thirteenth Article of the Con-
stitution, Mr. Woollen submitted the following report:

Mpx. Speaker :

A majority of the select committee, to whom was referred all
memorials, petitions, and bills referring to enforcement of 13th
article of the Constitution, with instructions to report by bill or
otherwise, have had House bill No. 11, being "an act to enforce the
13th article of the Constitution," under consideration, and instruct
me to report the amendments herewith submitted, and when so
amended, they recommend its passage:

Strike out of House bill No. 11, all after 13th section, and insert
the following :

Sec. 2. The clerks of the several circuit courts of this State
shall give notice by publication in the newspaper having the great-
est circulation, and if no newspaper be published therein, then by
printed handbills posted up in each township of such county, re-
quiring all negroes and mulattoes who were inhabitants of the
State prior to the first day of November, A. D., 1851, and who
have not heretofore registered themselves under the laws of this
State, and entitled to reside therein, to appear before such clerk for
registry, on or before the first day of April next.

Sec. 3. It shall be the duty of each clerk of said circuit courts
to provide a suitable book, to be called "the register of negroes

589

and mulattoes," in which he shall record the name, age, descrip-
tion, place of birth, and residence of each and every nc^gro and mu-
latto who may present himself or herself before hiin for the pnr-
pose of being registered, who has not been heretofore registered
under the laws of this State, and who presents the evidence ne-
cessary to entitle him or her to be admitted to registry, and also the
names of the witnesses by whom the right of such negro or mu-
latto to reside in the State of Indiana, shall have been proved.

Sec. 4. The clerk of said circuit court, when any negro or mu-
latto shall come before him for the purpose of being registered,
shall have power to cause to come before him, such witness as may
be necessary to prove the right of inhabiiation of such negro or
mulatto, by process of subpoena, and shall proceed to hear and
determine the rights of such negro or mulatto.

Sec. 5. When the right of any such negTo or mulatto shall have
been proved to the satisfaction of such clerk, he shall register the
said negro or mulatto in his register of negroes and mulattoes, and
shall also issue to such negro or mulatto acerliticate under the seal
of the said court, and attested by such clerk, setting forth the facts
contained in such register, which certificate shall be conclusive
evidence of the facts therein stated, in all prosecutions against the
employers of negroes or mulattoes, unless it is shown that the
employer had notice that the same was obtained by fraud or under
other means, or was not genuine, and the same shall he prima facie
evidence only in all other cases, and shall be issued to such negro
or mulatto, on the payment by him to said clerk of a fee of one
dollar.

Sec. 6. All contracts made with negroes or mulattoes who
shall have come into the State of Indiana, and subsequent to the
31st day of October, A.D., 1851, are hereby declared null and void.

Sec. 7. Any person who shall employ any negro or mulatto
who shall have come into the State of Indiana subsequent to the
31st day of October, A.D., 1851, or shall hereafter come into said
State, or who shall encourage such negro or mulatto to remain in
the State, or who shall bring into the State any negro or mulatto,
or encourage any negro or mulatto to come into, or settle in this
State contrary to the provisions of this act, shall be fined in any
sum not less fifty dollars, nor more than five hundred dollars.

590

Sec. 8. Any negro or mulatto who shall come into or settle in
this state, or who having coine into this State since the 31st da}'' of
October, A.D., 1851, shall continue to remain therein after the pass-
age of this act, contrary to the provisions of the constitution and
the first section of this act, shall be fined in any sum not less than
fifty dollars, nor more than five hundred dollars, and unless such
negro or mulatto shall leave this State within ten days after con-
viction, he or she shall be liable to be prosecuted under this act for
every day which he or she shall continite to remain therein; pro-
vided that if any negro or mulatto shall be imprisoned for the non-
payment of his or her fine, then such negro or mulatto shall have
ten days after being discharged from custody, within which to leave
the State, as aforesaid.

Sec. 9. It shall be the duty of any negro or mulatto vi^ho shall
have heretofore removed, or may hereafter remove from the county
where he or she may be registered, to another county in this State,
to cause the certificate issued to him or her under the provisions of
this or any former act, to be taken to the Clerk of the Circuit Court
of the county to which he or she has removed, and said Clerk shall
thereupon register said pegro or mulatto in the same manner re-
quired in cases of proof before him, noting in said register the date
of such certificate, and the county from which the same was issued,
for which he s'hall receive from such negro or mulatto a fee of fifty
cents.

Sec. 10. Any person who shall harbor or conceal an}^ negro or
mulatto, wdio shall have come into this State subsequent to the 31st
day of October, A.D., 1851, by permitting such negTO or mulatto to
remain in or about his premises, or by concealing him or her upon
the premises of any other person, shall be fined in any sum not less
than fifty dollars, nor more than five hundred dollars.

Sec. 11. In all prosecutions hereafter instituted under the pro-
visions of this act, for any violation thereof, if the prosecution prove
that such negro or mulatto is not registered upon the books of the
Clerk of the Circuit Court of the County where such prosecution is
instituted, it shall be prima facie evidence that such negro or mulat-
to came into the State of Indiana suijsequent to the 31st day of
October, A.D., 1851, and unless the defcndent in such prosecution
produce a certificate from the Clerk of the Circuit Court to such
negro or mulatto, as by law provided, or prove its issue and con-

591

tents, and account for its loss, or otherwise satisfactorily rebut such
presumptive, evidence, it shall be deemed conclusive.

Sec. 12. It shall be the duty of the several Township Assessors
in this State, when they make the annual assessment of personal
property of their respective Townships, to make a complete list of
all the negroes or mulattoes in their several Townships respectively,
in separate books provided for that purpose, stating the names,
ages and sex of said negroes and mulattoes, which lists shall be re-
turned by said Assessors to the Clerks of the Circuit CiiuiTs of
their respective Counties, who shall preserve the same for the use
of the prosecuting attorneys.

Sec. 13. If any Clerk of the Circuit Court shall register the
name of any negro or mulatto, or issue to him or her the certificate
required by the provisions of this act, without requiring the proof
provided for by law, such negro or mulatto not being entitled to
such registry or certificate, such Clerk shall be fined in any sum
not less than fifty dollars, or more thiiu five hundred dollars.

Sec. 14. If any Assessor shall fail or refuse to make out and re-
turn the lists of negroes and mulattoes, as required by this act,
when he makes his returns of assessment to the Auditor, or if any
Clerk shall fail To preserve such lists when so returned to him, such
Assessor or Clerk so oflending shall be fined in any sum not less
than twenty-five dollars, nor more than one hundred dollars.

Sec. 15. It shall be the duty of the several District and Circuit
Prosecuting Attorneys, within their respective jurisdictions, to pros-
ecute all cases under the provisions of this act, and in all convic-
tions, said attorneys shall receive for their services the sum of ten
dollars, to be paid out of the County Trcasiny.

Sec. 16. Courts of Common Pleas and Circuit Courts within
their respective jurisdictions, shall have concurrent jurisdiction to
hear and determine all complaints for the violation of any of the
provisions of this act, and the Grand Juries of the several Circuit
Courts shall have, and it is hereby made their duty to take cogni-
zance of all offenses against its provisions, as in cases of felonies.

Sec. 17. In all prosecution under this act against any negro or
mulatto, for coming into, settling in, or remaining* in this State,
contrary to law, it shall be the duty of the committee to inquire

592

into the former residence of such negro or mulatto, and if discov-
ered, such court shall direct the sheriff to return said negro or mu-
latto to the State from whence he or she may have come, for which
service said sheritt shall receive the same fees allowed by law for
conveying convicts to the penitentiary, to be paid out of the county
treasury.

Sec. 18. An act to enforce the 13th article of the Constitution,
approved June 18, 1852, and all other acts coming in conflict with
this act are hereby repealed.

Sec. 19. It is hereby declared that an emergency exists for the
immediate taking effect of this act, the same shall therefore be in
force from and after its passage and publication in the Indiana
State Sentinel and Indiana Journal.

Mr. Moorman made the following minority report:

Mr. Speaker :

The minority of the select committee, to whom was referred all
memorials, petitions, and bills, referring to the enforcement of the
13th article of the Constitution, with instructions to report by biU
or otherwise, have had House bill No. 11, being an act to enforce
the loth article of the Constitution, under consideration, and beg
leave to submit the following report:

That, in our opinion, said bill, with the amendments recom-
mended by the majority of said committee, are inexpedient and
improper, and would therefore recommend that the same be laid on
the table.

The report of the majority was concurred in, and the bill as
amended was ordered to be engrossed.

BILLS ON THEIR THIRD READING.

House bill No. 32. An act to amend an act entitled an act to
repeal all general laws now in force for the incorporation of cities,
prescribe their powers and rights, and the manner in which they
shall exercise the same, and to regulate such other matters as pro-
perly pertain thereto, approved March 9, 1857;

Was read the third time.

Mr. Niblack''movcd to recommit the bill to the Committee on the
Judiciary, with instructions to inquire into its constitutionality.

593

Aereed to.

House bill No. 94. An act to (^liable railroad companies incor-
porated by 'Other States, with their termini at the boundary line of
this State, to acquire the right of way and make connections in
this State, and also to acquire the necessary grounds for depots
and other buildings, and for machine shops, stock yards, tracks,
crossings, and sideings, within this State;

Was read the third time. -

The question being shall the bill pass?

Those ivho voted in the affirmative were —

Messrs.

Griffith,

Kilgore,

Priest,

Abbett,

Hall,

Leeds,

Puett,

Anderson,

Hanna,

Lemmon of H.

, Reitz,

Atkison,

Harden of W.,

Lemmon of S.,

Richardson,

Baker,

Hardin of Perry

, Marshall,

Rippey,

Bird,

Harney,

Miller,

Roberts,

Blocher,

Hershey,

Milroy,

Roe,

Branham,

Hetfield,

Moorman,

Ryan,

Brown,

Higgins,

Mustard,

Shaffer,

Burton,

Holcomb,

Niblack,

Shoaff of Jay,

Cass,

Hostetter,

Noyes,

Spencer,

Chambers.

Howell,

O'Brien of H.,

Tarkington,

Collins,

Humphreys,

O'Brien of M.,

Veach,

Cook,

Hntchings,

Osborne,

Waterman,

Davis,

James,

Packard,

Wolfe,

De Bruler,

Johnson,

Perry,

Woollen, and

Donaldson,

Kemp of Dubois

, Pettibone,

Mr. Speaker-70

Gregg,

Kemp of Vigo,

None voting in the negative. •

So the bill passed.

Mr. Niblack moved to amend the title by striking out the word
"terminus," and inserting the word "termini."
Affreed to.

The House adjourned until to-morrow, at 9 o'clock, A. M.
H. J.— 38

594

TUESDAY, 9 o'clock, A. M., )
February 24, 1863. j

House met.

The reading of the Journal was dispensed with.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

By Mr. Hanna :

A petition asking a change in the road law.
Referred to the Committee on Roads.

By Mr. Perry :

A remonstrance against the passage of the canal bill.
Referred to the committee to which was referred the bill thereiti
referred to.

By IMi-. Blocher :

A petition from the citizens of Jeflerson county, on the subject
of the present war.

Referred :o the Committee on Federal Relations.

By the same :

A petition on the same subject.

Referred to the Committee on Federal Relations.

By Mr. Tarkington :

A memorial from Morrison & Ray, in relation to attorney fees
for services rendered in behalf of the Institution of the Blind.
Referred to the Committee on the Judiciary.

By Mr. Hanna : .

A petition from sundry German citizens, praying for a law author-
izing the teaching of the German language in our common schools.
Referred to the Committee on Education.

REPORTS FROM STANDING COMMITTEES.

By Mr. Burton from the Judiciary Committee :

595

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 103, entitled "an act to amend an act pro-
viding for the redemption of real property, or any interest therein,
sold on execution or order of sale, and providing for the issuing of
certificates of purchase in such cases, and for the execution of con-
.veyances, and repealing all laws in conflict therewith," approved
June 4, 1861, to respectfully report that they have duly considered
the same, and they are of the opinion that the passage thereof is
inexpedient; they therefore recommend that said bill lie upon the
table.

The report was concurred in.

By Mr. Ilolcomb, from the Committee on Education:

Mr. Speaker:

The Committee on Education, to whom was referred a resolu-
tion of the House, No. 10, instructing them to inquire whether any
additional legislation is practicable to secure a more general attend-
ance of the children of the State at our Free Schools, have had the
same under consideration, and have directed me to report it back
to the House, and recommend that it lie on the table, as the com-
mittee is unable to recommend any legislation that would, in their
opinion, produce that much desired result.

The report w^as concurred in.

By Mr. Mutz, from the Committee on Public Printing:

Mr. Speaker :

The Committee on Public Printing, to whom was referred the
following resolution, to-wit :

'■'■Resolved, That the Committee on Public Printing be, and are
hereby directed to inquire into the expediency of preparing and in-
troducing into this House a bill abolishing the office of State Prin-
ter, and providing for having the printing of the State done by con-
tract, by the lowest bidder," would respectfully report that they
have had said resolution under consideration, and are of the opin-
ion that the adoption of it, or the passage of the law therein refer-

596

red to would be inexpedient, they therefore respectfully suggest that
said resolution be laid upon the table.

The report was concurred in, and the resolution laid upon the table.

By Mr. ShoafF of Jay, from the Committee on Roads : , ■ ,

Mr. Speaker: , ' ' .

The Committee on Roads, to whom was referred House bill No.
160, to amend the forty-seventh section of an act entitled " an act
to provide for the opening, vacating and change of highways," ap-
proved June 17, 1852, have directed me to report it back and recom-
mend its passage, and if passed, to amend the title of said bill by
specifying the section of the act so amended.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Packard, from the Committee on the State Prison
North :

Mr. Speaker :

I am instructed by the Committee on the State Prison North, to
which was referred House bill No. 236, to resj^ectfuUy report that
they have had the same under consideration, and have instructed
me to report tlie same back and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Shoaff of Jay, from the Committee on Roads :
Mr. Speaker:

The Committee on Roads, to whom was referred a petition from
certain citizens of Steuben county, relative to the time of present-
ing claims for damages on account of the laying out, or locating
roads through their lands, liave had the same imder consideration,
and in their opinion, further legislation is inexpedient, and respect-
fully suggest that it be laid on the table.

The repo/t of the committee was concurred in, and the petition
laid upon the table.

By Mr. Lasselle, from the Committee on Engrossed Bills :

Mr. Speaker: ,

The Committee on Engrossed Bills have carefuUy compared

597

engrossed House bills Nos. 47, 91, 111, 120, 137, 150, 154, 161, 164
167, 171, 172, 176, 181, 186, 209, 213, 214, 230, and 237, and
House joint resolutions Nos. 21, 30, and 32, with the original bills
and joint resolutions, and respectfully report the same to be in all
respects accurately and correctly engrossed.

?vlr. l>ird, from a select committee, to whom was referred House
bill No. 247, submitted the following report:

Mi;. Speaker :

The select committee to whom was referred a petition of Ann
Wyard, of the county of Allen, in the State of Indiana, in which
she ])rays your House to release the State's interest in the south-
east quarter of the south-east quarter of section number five (5,)
and the south-west quarter of the south-west quarter of section
number four (4,) both in township number one (1,) north of range
five (5,) west, in all containing eighty^acres of land, in Daviess
county, Indiana, have had the same under consideration, and after
making due examination in the laws in such cases, beg leave to
present the following bill, and recommend its passage.

By Mr. Holcomb, from the Committee on Education :
Mr. Speaker: ' .

The Committee on Education, to whom was referred resolution
of the House No. 24. instructing them to inquire into the expedi-
ency of so amending the laws as to require all examinations of
applicants for license to be public, and that the examiners be paid
out of the county treasury, have had the same under consideration,
and recommend that it lie on the table, as in the opinion of the
committee no change of the present laws is at this time expedient.

The report was concurred in.

By Mr. Miller, from the select committee on Senate bill No. 33 :
Mr. Speaker:

The special committee to whom was referred Senate bill No. 33,
prescribing the form of deed that may be used by sheriffs and
coroners, have duly considered the same, and have instructed me
to report it back to this House and recommend its passage.

598
• The report was concurred in, and the bill ordered to be engrossed.

RESOLUTIONS OF THE HOUSE. . '

By Mr. Roberts :

Resolved, That we do hereby tender to Colonel Henry B. Car-
rington, and the officers and soldiers under his command, our sin-
cere and grateful acknowledgements for the cheerful and efficient
aid rendered by them in celebrating the birth-day of the Father of
our country.

Adopted.

The special order being the consideration of the resolution of
Mr. Harney, offered on Thursday last,

(Mr. Miller in the chair,)

Mr. Buskirk moved the previous question, which was ordered,
upon the passage of the resolution.

Messrs. Harney and Packard demanded the ayes and noes.

Those who voted in the affirmative were —

Messrs.

Harden of W.,

Lasselle,

Priest,

Abbett,

Hardin of Perry

, Lee,

Puett,

Atkison,

Harney,

Leeds,

Reitz,

Bird,

Hetfield,

Lemmon o

f H.

, Richardson,

Blocher,

Holcomb,

Lemmon o

fS.,

Rippey,

Brown,

Hon,

Mason,

Ryan,

Burton,

Howard,

Miller,

Shafl'er,

Collins,

Howell,

Milroy,

Shoaff of Jay,

Cook,

Howk,

Mutz,

S pcncer,

Donaldson,

Humphreys,

Niblack,

Veach,

Given,

Kemp of Dubois

., O'Brien of

M.,

Wolfe,

Hall,

Kemp of Vigo,

Osborn,

Woollen, and

Hanna,

Lake,

Packard,

Mr. Speaker-50

Those

who voted in the ne

g-ative tvere-

—

Messrs.

Gregg,

Johnson,

O'Brien of H.,

Anderson,

Gregory,

Jones,

Perry,

Baker,

Griffith,

Kendrick,

Pettibone,

Branham,

Hershey,

Leeds,

Robinson,

Budd, .

Higgins,

Marshall,

Roe,

599

Cass, Hostetter, Mustard, Stone, and

Chambers, Hutchings, Newman, Tarkington — 81.

Forrester, James, Noyes,

The House adjourned until 1-^ o'clock, P. M.

IJ o'clock, p. m.
The House met. '

Mr. Brogan obtained leave of absence on account of sickness.

The Committee on Benevolent Institutions obtained leave of
absence for this afternoon.

By consent of the House, Mr. Miller offered a resolution, which
was laid over until to-morrow.

Mr. Hanna moved to take from the table House bill No. 221,
and make the same the special order for to-morrow at 10 o'clock,
A. M.

Mr. Roberts offered the following resolution :

Resolved^ That the Committee on Temperance be instructed
to report on House bills Nos. 15 and 85, by to-morrow morning,
10 o'clock.

Adopted.

Mr. Holcomb moved to take up a resolution of Friday last, re-
stricting speeches of members to fifteen minutes.
Not agreed to.

Mr. Branham offered the following resolution :

Resolved, That the Auditor of State be requested, at an early
day, to report to this House a statement of the appropriations
which have been made by the State, since the adoption of the pre-
sent Constitution, for the colonization of free negroes, and the dis-

600

buvsements which have been audited of such funds, stating the
amount paid for the emigration of colonists, the number assisted,
and the sum paid to secretaries or agents out of such funds, giving
the names of the persons so receiving ; and also state the present
condition of the fund.
Adopted.

Mr. Hardin of Perry, submitted a petition of Mr. Mason, of said
county, concerning the trespass of United States troops upon his
personal property.

Referred to the select committee to whom was referred House
bill No. 242.

Mr. Hanna ofi'ered a petition from certain German citizens of
Vigo county, relative to the introduction of the German language
into the common schools.

Referred to the Committee on Education.

The special order being the report from the compromise commit-
tee of thirteen, Mr. Niblack submitted a majority report;

Which was laid on the table, and five hundred copies ordered to
be printed for the use of the House.

The minority of the committee were granted time until to-mor-
row to submit a minority report.

By consent of the House, Mr. Anderson introduced House bill
No. 248, an act providing for the exercise of the elective franchise
by legal voters of the State of Indiana, who may be temporarily
absent therefrom on military service, and making necessary regula-
tions therefor;

Which was read the first time.

Mr. Anderson moved to suspend the constitutional provision,
and read the bill the second time now.

The question being on the suspension of the rule.

Those loho voted in the affinnative ivere —

Messrs. Hall, Kilgore, Packard,

Abbett, Harden of W., Lamb, Perry,

Anderson, Hardin of Perry, Lasselle, Pettibone, ■

Atkison, Hershey, Leeds, Rippey,

Blocher, Higgins, Marshall, Roberts,

601

Branham,

Holcomb,

McCaughey,

Robinson,

Budd,

Hon,

Miller,

Roe,

Cass,

Hostetter,

Moorman,

Ryan,

Chambers,

Howk,

Mustard,

Shaft"er,

Collins,

Humphreys,

Mutz,

Van Busk irk,

Cook,

Hutchings,

Newman,

Veach,

Davis,

James,

Niblack,

Waterman,

De Brulcr,

Johnson,

Noyes,

Wolfe,

Donaldson,

Jones,

0']3rien of H.,

Woollen, and

Forrester,

Kemp of Dubois

5, Osborne,

Mr. Speaker-;

Those icho voted in the negative ivere —

Messrs. Howell, Lemmon of H., Puett,

Bird, Kemp of Vigo, Milroy, Reitz, and

Burton, Lake, Priest, Spencer — 13.

Hetfield, Lee,

So the rule was not suspended.

The bill jmssed to a second reading.

By Mr. Woollen :

House bill No. 249. An act authorizing Circuit and Common
Pleas Courts to issue warrants for contempt of their authority, in
certain cases therein named, and prescribing punishment in such
cases.

The bill was read, and passed to a second reading.

By Mr. Kilgore :

House bill No. 250. An act to amend section four of an act
titled "An act to compel owners of town lots to grade and pave,
or plank sidewalks, and fixing the penalty thereto,'' approved Feb.
14, 1859.

The bill was read, and passed to a second reading.

The House proceeded with the orders of the day.

House bill No. 47. A bill to legalize the acts of certain civil
officers in this State, who have entered the military service of the
United States, and whose duties have been discharged by deputies
during their absence ;

602

Was read the third time.

The question being, shall the bill pass?

Those ivho voted in the afflnnative were —

Messrs.

Abbett,

Anderson,

Atkison,

Blocher,

Branham,

Budd,

Burton,

Cass,

Chambers,

ColUins,

Cook,

Davis,

UeBraler,

Donaldson,

Forrester,

Hall,

Harden of W.,

Hardin of Perry, Lamb,

Harney,

Hershey,

Hetfield,

Higgins,

Holcomb,

Hon,

Hostetter,

Howell,

Howk,

Humphreys,

Hutchings,

James,

Johnson,

Jones,

Lasselle,

Leeds,

Marsliall,

McCaughey,

Miller,

Milroy,

Moorman,

Mustard,

Mutz,

Newman,

Niblack,

Noyes,

O'Brien of H.,

O'Brien of M.,

Kemp of Dubois, Osborne,
Lake, Packard,

Perry,

Pettibone,

Puett,

Richardson,

Rippey,

Roberts,

Robinson,

Roe,

Ryan,

Shaffer, ' .

Spencer,

Tarkington,

Van Buskirk,

Veach,

Waterman,

Woollen, and

Mr. Speaker-67.

Those loho voted in the negative ivere —

Messrs. Kemp of Vigo, I^emmon of H., Reitz, and

Bird, Lee, Priest, Wolfe— 7

So the bill passed.

House bill No. 9L An act to provide compensation to the
owners of animals killed or injured by the cars, locomotives, or other
carriages of any railroad company in this State, and to enforce the
collection of judgments rendered on account of the same, and to
repeal laws inconsistent therewith;

Was read the third time.

The question being, shall the bill pass?

Those ivho voted in the affirmative iverc —

Messrs. Forrester, Kemp of Vigo, Packard,

Abbett, Given, Lake, Priest,

603

Atkison,

Bird,

Blocher,

Brown,

Buckl

Burton,

Cass,

Chainbrrs,

Collins,

Cook.

Davis,

De Biuler,

Donaldson,

Gregory,

Hall,

Hanna,

Harden of "W.,

Hardin of Perry,

Higgins,

Hcilconib,

Hon,

Howard,

Howell,

Hum])hieys,

Hulchings,

Kemp of Dubois,

Lasselle,

Lee,

Leeds,

licmmon of H.,

Marshall,

McCaughey,

Miller,

I\Iilroy,

Mutz,

Niblnck,

O'Brien of M.,

Osborne,

Those ivlio voted in the nes-ative were —

Messrs.

Branham,

Harney,

Hershey,

Hetfield,

Hostetter,

James,

Johnson,

Jones,

Lamb,

Moorman,
Mustard,
Newman,
Noyes,
O'Brien of H.

Puett,
Reitz,

Richardson,

Rippcy,

Roberts,

Robinson,

Ryan,

Shatter,

Veach,

Woodruff,

Woollen, and

Mr. Speaker— 59.

Perry,
Pettibone,
Roe,

Tarkington,and
A'^an Buskirk-19.

So the bill passed.

House bill No. 102. An act fixing an equivalent for exemiptions
from military duty, on account of conscientious scruples, and pro-
viding for the collection of the same.

Was read the third time.

The question being, shall the bill pass?

Those ivho voted iyi the affirmative were —

Messrs.

Atkison,

Branham,

Brown,

Budd,

Cass,

Chambers,

Cook,

Davis,

DeBruler,

Harney,

Hershey,

Higgins,

Holcomb,

Hostetter,

Howell,

Howk,

Hutchinsfs,

Lee,

Marshall,

McCaughey,

Miller,

Milioy,

Morgan,

Mustard,

Mutz,

Kemp of Dubois, Noyes,
Lake, O'Brien of H.

Pettibone,

Priest,

Pueit,

Reitz,

Rippey,

Robinson,

Roe,

Tarkington,

Van Buskiik,

Waterman,

I 604

Gregory, Lamb, Osborn, Woollen, and

Hal!, Lasselle, Perry, Mr. Speaker-48.

Ilardiu of Perry,

Those ivho voted in the nes;atwe were —

Mes?rs. Forrester, Johnson, Packard,

Abbett, Given, Jones, Richardson,

Bird, Haiina, Kemp of Vigo, Roberts,

Blocher, Harden of W., Lernraon of H., Ryan,

Burion, Hetficld, Nevv'man, Veach,

Collins, Hon, Niblack, Shafli^r, and

Donaldson, Humphreys, O'Brien of M., Wolfe, — 27.

l^o the bill did not pass.

House bill No. Ill, An act to provide for the transfer of Sink-
ing Fund mortgages to counties which are entitled to dividends of
said fund, and prescribing the duties of certain officers and persons
wishing such transfer, and repealing all laws, and parts of laws,
coming in conflict with this act;

Was read the third time.

The question being, shall the bill ])ass? /^

Those ib'ho voted in the affirmative were —

Messrs. Hanna, Kemp of Dubois,Milroy,

Abbett, Harden of W., Kemp of Vigo, Mustard,

Atkison, Hershey, Lake, O'Brien of H.,

Blocher, Hel field, Lamb, Perry,

Branham, Pliggins, Lasselle, Priest,

Cass, Hostetter, Lee, Rippey,

Collins, Howard, Leeds, ■ Robinson,

Cook, Howell, Lemmon of H., Roe,

DeBruler, Howk, Marshall, Tarkington,

Gregory, Humphreys, McCaughey, VanBuskirkjand

Hall, Johnson, Miller, Waterman — 43.

Those who voted in the neo-ative were-

Messrs.
Anderson,

Gregg,

Newman,
Hardin of Perry, Niblack,

Roberts,
Ryan,

605

Bird,

Brown,

Budd,

Burton,

Chambers,

Davis,

Donaldson,

Forrester,

Harney,

Holcornb,

Hutcliings,

James,

Jones,

Moorman,

Morgan,

Mutz,

Noyes,

O'Brien of M.

O.sborne,

Paekard,

Pettibone,

Keitz,

E-ichardson,

Shaflbr,
ShoafFof Jay,
Spencer,
Veach, ' ■

Wolfe,

Woollen, and
Mr. Speaker-37.

So the bill did not pass.

House bill No. 116. An act to amend the seventh section of an
act entitled "an act to ])rovide for the election of a reporter, and
speedy publication of the decisions of the Supreme Court, and for
the compensation of sach reporter," approved February 5, 1852;

Was laid on the table.

House bill No. 118. An act to amend tlie twelfth section of an
act entitled "an act to regulate and license the sale of spirituous,
vinous, malt, and other intoxicating liquors, to prohibit the adulter-
ation of liquors, to repeal all' former law^ contravening the provisions
of this act, and prescribing penalties thereof,'" approved March 5,
1859 ;

Was read the third time.

The question being, shall the bill pass?

Those ivlio voted in the affirmative ivere- —

Me ssrs.

Hon,

Marshall,

Richardson,

Abbett,

Hostetter,

Milroy,

Rippey,

Atkison,

Howell,

Moorman,

Roe,

Baker,

James,

Morgan,

Ryan,

Bird,

Johnson,

Mustard,

Shaffer,

Burton,

Jones,

Newman,

ShoafT of Jay,

Collins,

Kilgore,

Niblack,

Tarkingtcn,

Cook,

Lake,

Noyes,

Van Buskirk

Davis,

Lamb,

O'Brien of M.,

Waterman,

Gregg,

Lasselle,

Paekard,

Wolfe, and

Gregory,

Lee,

Perry,

Mr. Speaker-44,

Hershey,

606
Those tvho voted inr-the negative were — . / .

Messrs. GivcMi, Howk, O'Brien of H.,

Anderson, Hall, Humphreys, Osborn,

Blocber, Hanna, Kemp of Dubois, Priest,

Branham, Harden of W., Kemp of Vigo, Rcitz,

Brown, Hardin of Perry, Leeds, Roberts,

Budd, Harney, Lemmon of H., Robinson,

Cass, Hetfield, MeCaughey, Spencer,

Chambers, Higgins, Miller, Veach, and

DeBruler, Holcomb, Muiz, Woollen— 37.

Forrester, Howard,

So the bill did not pass.

House bill No. 120. An act to amend section eleven of an act
entitled " An act providing for the election, and prescribing certain
duties of County Surveyor, approved June 17, 1852 ;

Was read the third time, and referred to a select committee of
three, consisting of Messrs. Roberts, Lamb and Brown, with in-
structions to amend the bill so as to make it conform to acts con-
cerning conveyances.

House bill No. 130. An act to give additional powers in civil
and criminal actions to the Judges of the Circuit and Common
Pleas Courts during vacation ;

Was read the third time.

The question being, shall the bill pass?

Those who voted in the affirmative were —

Messrs.

Gregory,

Kemp of Vigo,

Osborne,

Abbett,

Hall,

Lake,

Packard,

Anderson,

Hanna,

Lamb,

Perry,

Atkison,

Hardin of P.,

Lee,

Pettibone,

Bird,

Harney,

Leeds,

Priest,

Blocher,

Hershey,

Lemmon of H.,

Puett, •

Brown,

Hetfield,

Marshall,

Reitz,

Budd,

Higgins,

MeCaughey,

Rippey,

Burton,

Holcomb,

Miller, '

Roberts,

Cass,

Hon,

Milroy,

Robinson,

Chambers,

Hostettcr,

Moorman,

Roe,

607

Collins,

Howard,

Morgan,

Ryan,

Cook,

Howell,

Mutz,

Spencer,

Davis,

Howk,

Mustard,

Tarkington,

DeBruler,

Humphreys,

Newman,

Van Busldrk,

Donaldson,

Hatchings,

Niblack,

Veach,

Forrester,

Johnson,

Noyes,

Waterman,

Given,

Jones,

O'Brien of H.,

Wolfe, and

Gregg,

Kemp of Dubois

5, O'Brien of M.,

Mr. Speaker-76,

None voting in the negative.
So the bill passed.

House bill No. 137. An act supplemental to an act regulating
interest on money, approved May 27, 1852 ; the fifty-first section of
the act defining misdemeanors, and prescribing punishment there-
for, approved June 14, 1852, and all other laws and parts of laws
in conflict with this act, approved March 7, 1861 ;

Was read the third time.

Mr. Harney moved to lay the bill on the table, upon which ques-
tion Messrs. Howk and Harney demanded the ayes and noes.

Those loho voted in the affirmative ivere-

Messrs.

Branham,

Brown,

Collins,

Harney,

Howell,

Humphreys, Niblack,

Kemp of Vigo,

Lee,

Miller,

Milroy,
Mustard,

O'Brien of H.,
O'Brien of I\I.,

Priest,
Puett,
Roberts,

Roe,

Shaffer,

Spencer,

Tarkington,

Veach, and

Waterm an — 23.

Those ivho voted in the nes;ative were-

Messrs.

Gregg,

Johnson,

Newman,

Abbett,

Gregory,

Jones,

Noyes,

Anderson,

Hall,

Kemp of Dubois

^jOsborn,

Atkison,

Hanna,

Kilgore,

Packard,

Bird,

Harden of W,,

Lake,

Perry,

Budd,

Hardin o

f Perry

, Lamb,

Pettibone,

Burton,

Hershey,

Leeds,

Reitz,

Cass,

Hetfield,

Lemmon

of H.,

1 Rippey,

Chambers,

Higgins,

Marshall,

Robinson,

608

Cook,
Davis,
DeBruler,

Donaldson,
Forresrer,

Holcomb,
Hon,

Hostetter,

Howard,

Howk,

McCaughey,
Moorman,
Morgan,
Mutz,

Ryan, ■ ' ' '

Wolfe,

Woollen, and
Mr. Speaker-53.

So the bill did not lie on the tabic.

The bill was referred to a select committee of three, consisting
of Messrs. Forrester, Wolfe and Woollen, with instructions to set
out the section sought to be amended.

House bill No. 142, An act to amend the 656th and 661st sec-
tions of an act entitled " An act to revise, simplify and abridge the
rules, practice, pleadings and forms, in civil cases in the Courts of
this State; to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of pleading
and ))ractice, without distinction between law and equity," ap-
proved June 18, 1852. , - .

Was read the third time.

The question being, shall the bill pass?

Those icho voted in the affirmative ivere —

Messrs.

Hanna,

Lake,

Osborne,

Abbett,

Harden of W.,

Lamb,

Pettibone,

Anderson,

Hardin of Perry, Lee,

Priest,

Atkison,

Harney,

Leeds,

Puett,

Bird,

Hershey,

Lemmon of H.,

Reitz,

Blocher,

Hetfield,

Marshall,

Rippey,

Branhara,

Higgins,

McCaughey,

Roberts,

Budd,

Holcomb,

Miller,

Robinson,

Burton,

Hon,

Milroy,

Roe,

Chambers,

Hostetter,

Moorman.

Ryan,

Collins,

Howard,

Morgan,

Shaffer,

Cook,

Howell,

Mustard.

Spencer,

Davis,

Howk,

Mutz,

Tarkington, - '

De Bruler,

Humphries.

Newman,

Veach, • '

Donaldson,

Hutchings,

Niblack,

Waterman,

Forrester,

Johnson,

Noyes,

Wolfe,

Gregg,

Jones,

O'Brien of H.,

Woollen, and

Gregory,

Kemp of Duboih

3,0'Brien of M.,

Mr. Speaker,-73,

Hall,

Kemp of Vigo,

609

None voting in the negative. .

So the bill passed.

House bill No. 143. An act to authorize County Auditors to
issue Fee Bills in certain cases therein named ;
Was read the third time.

The question being, shall the bill pass?

Those 2vho voted in the affirmative were —

Messrs.

Gregory,

Kemp of Vigo,

O'Brien of M.,

Abbett,

Hall,

Lake,

Osborne,

Anderson,

Harden of W.,

Lamb,

Packard,

Atkison,

Hardin of Perry

, Lee,

Priest,

Bird,

Hershey,

Leeds,

Reitz,

Blocher,

Hetfield,

Lemmon of H.

, Robinson,

Branham,

Higgins,

Marshall,

Roe,

Budd,

Holcomb,

Miller,

Ryan,

Burton,

Hon,

Moorman,

Shaffer,

Cass,

Howard,

Morgan,

Spencer,

Chambers,

Howell,

Mustard,

Tarkington,

Cook,

Howk,

Mutz,

Veach,

Davis,

Humphreys,

Newman,

Waterman,

De Bruler,

Johnson,

Niblack,

Wolfe,

Forrester,

Jones,

Noyes,

Woollen, and

Gregg,

Kemp of Dubois

, O'Brien of H.,

Mr. Speaker-6i

' Those vjho voted iii the neg-ative ivere —

Messrs. Harney, Milroy, Rippey — 6.

Donaldson. McCaughey, PuetT, and

So the bill i)assed. ' ~C

House bill No. 149. An act supplemental to an act entitled "an
act for the incorporation of manufacturing and mining companies,
for mechanical, chemical, and building purposes," approved May
20, 1852, and to repeal the eleventh and fourteenth sections of said
act;

Was read the third time.

The question being, shall the bill pass ?
H. J.— 39

610

Those ivho voted in the affirmative tvere —

Messrs.

Hanna,

Lake,

Packard,

Abbett,

Harden of W.,

Lamb,

Pettibone,

Anderson,

Hardin of P.,

Lee,

Priest,

Atkison,

Hershey,

Leeds,

Puetr,

Bird,

Hetfield,

Lemmon of H.

, Reitz,

Blocher,

Higgins,

Marshall,

Roberts,

Branhain,

Holcomb,

McCaughey,

Robinson,

Brown,

Hon,

Miller, '

Roe,

Budd,

Hostetter,

Milroy,

Ryan,

Burton,

Howard,

Moorman,

Shaffer,

Cass,

Howell,

Morgan,

Spencer,

Chambers,

Howk,

Mustard,

Tarkington,

Davis,

Humphreys,

Mutz,

Veach,

De B ruler.

llutchings,

Newman,

Waterman,

Fofrester,

Johnson,

Noyes,

Wolfe,

Gregg,

Jones,

O'Brien of H,

Woollen, and

Gregory,

Kemp of Dubois, O'Brien of M.,

Mr. Speaker-70,

Hall,

Kemp of Vigo,

, Osborne,

Those it'ho voted in the nes:ative were-

Messrs.
Cook,

Donaldson,
Harney,

Niblack, and Rippey — 5.

So the bill passed.

House bill No. 150. An act providing for election of officers
therein named, connected with the State Prison North, regulating
the time of holding and the salaries of the same, and to repeal the
tenth section of an act entitled an act to provide for the erection
of the National Road, election of officers therefor, making appro-
priations, and for the regulation of the same, approved March 5,
1859 ;

Was read the third time. ,

Mr. Higgins offered the following amendment : . ,_^

Amend the first section by adding the following: The said
Superintendent shall discharge the duties of Architect for said
Prison without any additional compensation for such services.

611 '

The amendment was adopted. ■ m)

Mr. Moorman moved to recommit the bill to the Committee on
Fees and Salaries, with instructions to strike out "deputy warden."
Agreed to.

Mr. Donaldson moved to further instrnct the committee to strike
out $900 as salaries for officers, and insert 8800.
Agreed to.

The House adjourned until to-morrow, at 9 o'clock, A. M.

WEDNESDAY, 9 o'clock, a. m. \
February 25, 1863. \

The House met.

The reading of the Journal was dispensed with.

The House took up the resolution of Mr. Holcomb, restriqting
the speeches of members to fifteen minutes.
The resolution was adopted.

The House took up the following resolution of Mr. Miller,
offered yesterday :

Resolved, That this House do meet at 8 o'clock, A. M., during
the remainder of the session.

Laid on the table. , . ,,

Mr. Moorman moved that the vote just taken, laying the resolu-
tion on the table, be reconsidered, and that the motion to reconsider
also lie on the table.

Agreed to.

PETITIONS, MEMORIALS, AND REMONSTRANCES.

; By Mr. Miller: ' ' '/ ' ' : '^- ' / ' " ■''^

A petition from the citizens of Clinton county, praying for a sus-
pension of laws for the collection of debts, for two years.

612
Referred to the Committee on the Judiciary. '

By IVIr. Newman:

A petition from the citizens of Wayne county, asking for a law
to prevent the firing of haystacks, &c., by sportsmen.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

By Mr. Hetfield :

A petition from the citizens of Fountain county, asking for a
law regulating the toll on bridges.

Referred to the Committee on the Rights and Privileges of the
Inhabitants of this State.

By Mr. Roberts :

A petition from the citizens of Dearborn county, praying for a
re-survey of section lines.

Referred to the Committee on County and Township Business.

REPORTS FROM STANDING COMMITTEF.S.

By Mr. Roberts, from the Committee on Elections : ^

Mr. Speaker :

The Committee on Elections, to which was referred House bill
No. 239, "An act to amend the twenty-ninth section of an act en-
titled 'an act regulating general elections, and prescribing the duties
of officers in relation thereto,'" approved June 7, 1852, have had
the same under consideration, and have instructed me to report the
same back to the House, and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Atkison, from the same committee :
Mr. Speaker:

The Committee on Elections, to whom was referred House bill
No. 200, beg leave to report that they have had the same under
consideration, and return the same, recommending its passage.

The report was concurred in, and the bill ordered to be engrossed.

613

By Mr. Howk, from the Committee on the Judiciary :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 66, entitled "A bill to amend the 134th
section of an act providing for the settlement of decedents' estates,
prescribing the rights, liabilities, and duties of officers connected
with the management thereof, and the heirs thereto, and certain
forms to be used in such settlement,"* approved June 17, 1852, and
declaring when this act shall take effect, to respectfully report that
they have duly considered the same, and they are of the opinion
that the passage thereof is inexpedient.

They therefore recommend that said bill lie upon the table.

The report was concurred in.

By Mr. Burton, from the same committee :

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 39, entitled "A bill to amend the 3d
section of an act entitled 'An act prescribing the powers and du-
ties of justices of the peace in State prosecutions,' " approved May
29, 1852, to respectfully report that they have had the same under
consideration, and they herewith return the same to this House,
and recommend the passage thereof.

The report was concurred in, and the bill ordered to a third read-

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed to return to the House enrolled act of the House
No. 44, an act to amend the 6th section of an act to fix the times
of holding the Common Pleas Courts in the several counties of
this State, the duration of the terms thereof, and making all pro-
cess from the present Common Pleas Courts returnable to such
terms, and declaring when this act shall take effect, and repealing
all laws inconsistent therewith, approved March 5, 1859, which has
received the signature of the President.

By the same :

614

Mr. Speaker : . ,

I am instructed by the Committee on the Judiciary, to whom
was refen-ed Senate bill No. 42, entitled "A bill defining the oflense
of bastardy, and prescribing the punislmicnt therefor," to respect-
fully report that they have had the same under consideration, and
they herewith return said bill to this House, and recommend the
passage thereof.

The report was concurred in, and the bill ordered to a third read-
ing.

By Mr. Packard, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 69, entitled "A bill to amend section
76 of an act entitled 'An act providing for the settlement of dece-
dents' estates, prescribing the rights, liabilities, and duties of offi-
cers connected with the management thereof, and heirs thereto,
and certain forms to be used in such settlement,'" approved June
17, 1852, to respectfully report that they have duly considered the
same, and they herewith return the said bill to this House, and re-
commend the passage thereof.

The report was concurred in, and the bill ordered to a third read-
ing.

By the same :

Mr. Speaker: ' ■ ■ '

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 99,. entitled "A bill to provide for issu-
ing fee bills and executions against sureties in appeal bonds, in
cases appealed to the Circuit or Common Pleas Court," to respect-
fully report that they have had the same under consideration, and
they herewith return said bill to this House, and recommend the
passage thereof.

The report was concurred in, and the bill ordered to a third read-
ing-

By Mr. Burton, from the same committee:

Mr. Speaker : , ' '

615

I am instructed by the Committee on the Jvidiciary, to whom
was referred Senate bill No. 101, entitled "A bill to amend section
40 of an act to revise, simplify, and abridge the rules, practice,
pleadings, and forms, in civil cases, in the courts of this State ; to
abolish distinct forms of action at law, and to provide for the ad-
ministration of justice in a uniform mode of pleading and prac-
tice, without distinction between law and equity," approved June
18, 1852, to respectfully report that they have duly considered the
same, and they herewith return said bill to this House, and recom-
mend the passage thereof.

The report was concurred in, and the bill ordered to a third read-
ing-

By Mr. Kilgore, from the same committee : '

Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 63, entitled " An act providing for the
taxing of dogs, and for the payment of damages sustained in the
maiming or killing of sheep by dogs, and providing penalties for
the violation of any of the provisions of said act, by officers and
others, and also repealing an act to license dogs," approved March
11, 1861, to respectfully report that they have had the same under
consideration, and they herewith return the same to this House,
and they recommend the passage thereof, they being of the opinion
that such a law would be constitutional.

The report was concurred in, and the bill ordered to be en-
grossed.

By Mr. Anderson, from the same committee :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred Senate bill No. 112, entitled "A bill for an act to
amend the 7th section of an act entitled an act to provide for the »
election o^ a reporter, and for the spL'cdy publication of the deci-
sions of the Supreme Court, and for the compensation of such re-
porter," approved Feb. 5, 1852, to respectfully report that they have
had the same under consideration, and they herewith return said
bill to this House, and recommend the passage thereof.

616

The report was concurred in, and the bill ordered to be en-
grossed.

By Mr. Howk, from the same committee :

Mr. Speaker :

1 am instructed by a majority of the Committee on the Judiciary,
to whom was referred Senate bill No. 83, entitled " a bill providing
that creditors and sureties shall have a right of action in certain
cases, before the debt or liability is due, and providing a remedy by
attachment in such cases, and declaring when this act shall take ef-
fect," to respectfully report that they have duly considered the same,
and they recommend that the first section of said bill be amended
by inserting immediately after the word " thereof," in the twenty-
seventh line of said section, the words " without the State," and
that the sixth section of said bill be amended by inserting imme-
diately after the word " the," in the fifteenth line of said section, the
words " principal debtor, or the defendant," and by striking out the
word " plaintiff," where it occurs in said fifteenth line of said sixth
section ; and when said bill is so amended, they recommend the
passage thereof.

By Mr. Anderson, from the same committee :

Mr. Speaker:

The undersigned, as a minority of the Committee on the Judi-
ciary, to whom was referred Senate bill No. 83, entitled " a bill pro-
viding that creditors and sureties shall have a right of action in
certain cases, before the debt or liability is due, and providing a
remedy by attachment in such cases, and declaring when this act
shall take effect," would respectfully report, that after duly consid-
ering the same, he is of the opinion that the passage thereof is in-
expedient ; he would, therefore, recommend that said bill lie upon
the table.

Mr. Brown moved that the minority report lie on the table.
Not agreed to.

The question being on concurring in the minority report,

Messrs. Harney and Anderson demanded the ayes and noes.

617

Those ivho voted in the affirmative were-

Messrs.

Anderson,

Beyerle,

Branham,

Budd,

Chambers,

Davis,

Griffith,

Harney,

Hershey,

Higgins,

Hostettcr,

Johnson,

Jones,

Kendrick,

Kilgore,

Lamb,

Leeds,

Mustard,

Newman,

O'Brien of H.,

O'Brien of M.,

Priest,
Shaffer,
Stone,

Tarkington, and
Van Buskirk-26.

Messrs.

Abbett,

Atkison,

Bird,

Bloc her,

Brogan,

Brown,

Burton,

Cass,

Collins,

Cook,

De Brulcr,

Donaldson,

Forrester,

Garvin,

Given,

Those ivho voted in the negative were-
Grep-p-,

-SO'

Gregory,

Hall,

Hanna,

Harden of W,

Hardin of P.,

Hetfield,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Plumphreys,

Lake, Paekard,

Lee, Pettibone,

Lasselle, Reitz,

Lemmon of H., Richardson,

Lemmon of S., Rippey,

Marshall, Robinson,

Mason, Roe,

McCaughey, Ryan,

Miller,
Milroy,
Moorman,
Morgan,
Mutz,
Ni black,
Kemp of Dubois, Noyes,
Kemp of Vigo, Osborn,

Hutchings,

ShoafFof Jay,

Spencer,

Veach,

Waterman,

Wolfe,

Woollen, and

Mr. Speaker-62.

So the minority report was not concurred in.

The majority report and amendments were adopted, and bill or-
dered to a third reading.

By Ml-. Abbett, from the Committee on Temperance :

Mr. Speaker :

The committee to whom was referred House bill No. 85, to amend
section 5 of an act to regulate and license the sale of spirituous,
vinous, malt and other intoxicating liquors, approved March 5, 1859.
The committee has duly considered the same, and a majority re-
spectfully recommend that the bill be laid on the table, and that

618

further legislation upon that subject is inexpedient for the present^
all of which is respectfully submitted.

By Mr. Priest, from the same committee:

Mr. Speaker :

The Committee on Temperance, to whom was referred House
bill No. 85, have had the same under consideration, and the minor-
ity of said committee have instructed me to report the same back
to the House and recommend its passage.

By iMr. Abbott, from the same committee:

Mr. Speaker : ' • .

The committee to whom was referred House bill No. 14, nn
act to amend section 5 of an act entitled " an act to regulate and
license the sale of spirituous, vinous, malt and other intoxicating
liquors, to ]:»roliibit the adulteration of liquors, to repeal all former
laws contravening the provisions of iliis act, and prescribing penal-
ties for violations thereof," approved March 5, 1859. The majority
of the committee respectfully b(-g leave to report the bill back and
ask that it be laid on the table ; all of which is repectfuUy submitted.

By the same :
Mr. SpEAKEit: - ■ . .

The CommitTee on Temperance, to whom was refen-ed House
bill No. 20t5, an act to amend sections 5 and 6 of an act entitled " an
act to regulate and license the sale of spirituous, vinous, malt and
other intoxicating liquors, to prohibit the adulteration, to repeal all
former laws contravening the provisions of this act, and provide
penalties for violation thereof," approved March 5, 1859. The com-
mittee have had the same under consideration, and a majority re-
spectfully beg leave to report the same back, and recommend that
it be laid on the table.

Mr. Niblack moved to refer said bills on the subject of tenq^e-
rance, together with the majority and minority reports thereon, to a se-
lect commitiee of five.

On which question.

619

Messrs. Noyes and AbVjett demanded the ayes and noes.
Those who voted in the affirmative were —

Messrs.

Hall,

Lake,

Packard,

Bird,

Harden of W.,

Lasselle,

Priest,

Bloclier,

Hardin of Perry

, Lee,

Reitz,

Broo-an.

Harney,

Leinmon of H.,

Richardson,

Brown,

Hetfiefd,

L( mmon of S.,

Ryan,

Budd.

Holronib,

Mason,

Shaffer,

Burton,

Howard,

McCaughey.

Shoaff of Jay,

Chambers,

Howell,

Miller,

Spencer,

Collins,

Howk,

Milroy,

Tarkington,

Cook,

Humphreys,

Mutz,

Williams.

Donaldson,

Hutchings,

Niblaek,

Wolfe,

Garvin,

Keinp of Vigo,

O'Brien of M.,

Woollen, and

Given,

Kilgore,

Osborn,

Mr. Speaker-5o,

Griffith,

Those ivho voted in the nes:ative ivere-

Messrs.

Abbett,

Anderson,

Atkison,

Beyerle,

Bran ham,

Davis,

DeBruler,

Forrester,

Gregg,

Gregory,

Hershey,

Higgins,

Hon,

Plostetter.

Jones,

Kendrick,

Lamb,

Leeds,

Marshall,

Moorman,

Morgan,

Mustard,

Newman,

Noyes,

Perry,

Pettibone,

Rippey,

Robinson,

Roe,

Stone,

Van Buskirk and

O'Brien of H., Veach— 34.

So the motion was agreed to.

The Speaker appointed Messrs. Niblaek, Harney, Moorman,
Roberts and Lamb said committee.

The special order being the consideration of House bill No. 221.

On motion of Mr. Hanna,

The House resolved itself into a committee of the whole House
for the consideration of the bill:

Mr. Niblaek was appointed chairman.

620

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed to inform the House of the passage of the follow-
ing resolution :

Resolved, That the House be requested to return to the Senate
instanter Senate bill No. Ill, and that the Secretary be instructed
to inform the House of the passage of this resolution, in which the
concurrence t)f the House is requested.

The House concurred in the resolution of the Senate.

A message from the Senate, by Mr. Vawter, their Secretary:
Mr. Speaker :

I am directed to inform the House that the Senate has passed
engrossed bill thereof. No. Ill, to wit:

Senate bill No. 111. A bill to apportion Senators and Repre-
sentatives for the next six years, in which the concurrence of the
House is respectfully requested.

Mr. Holcomb moved that the House resolve itself into a com-
mittee of the whole House for the further consideration of House
bill No. 221.

Agreed to.

Mr. Niblack, Chairman of the committee of the whole House,
submitted the following report:

Mr. Speaker :

The committee of the whole have had under consideration House
bill No. 221, and a majority of the same have ordered me to report
said bill back to the House, with pending amendments, and ask
that the committee be discharged from further consideration of the
bill.

The report was concurred in and the committee discharged.

Mr. Cason made a report from the Committee of Thirteen, and
moved that it lie on the table, and five hundred copies be ordered
to be printed for the use of the House.

Agreed to. .

621

The special order being the consideration of House bill Xo. 221.

Mr. Cason moved that the bill and amendment be laid on the
table, and five hundred copies be ordered to be printed.
Not agreed to.

Mr. Griffith offered the following amendments:

Amend section five by striking out from said section, the follow-
ing words : — " Which certificates shall have the same force and
effect as commissions."

Amend section eleven by striking out the word " shall," in the
second line, and insert the word " may.'"

Amend section eleven by striking out Ihe follov\ing words: "at
the time of recommending a person for appointment as above, ihe
said officers of State shall make out and deliver to such person a
certificate to the eflecr that he has been cliosen Major General or
Brigadier General, as the case may be, for the term of four vears,
or two years, as the case may be, and until his successor is elected
and qualified, which certificate shall have all the force and eflect of
a commission, until a commission issued by the Governor shall be
received.

Amend section eleven further by striking out from the thirteenth
line of said section the words, the "said officers of State," and
insert the word " Governor."

Amend section twenty-three as follows : Strike out the words
"Assistant Adjutant General on the Staff of the Major General."

Amend further in said section by striking out the words: "The
requisition shall be laid before the officers of State, and if approved
by a majority of them," and insert: "the requisition shall be laid
before the Governor, and if approved by him."

Amend section twenty-seven by striking out these words :
" which certificates shall have all the force and effect of comrais-

Amend further by striking« out from every section where may
elsewhere occur in the bill the w'ords " officers of State," and insert
the word " Governor."

622

Mr. Milroy moved that the amendment lie on the table,
Upon which question Messrs. Griffith and Packard demanded
the ayes any noes.

Those ivho voted in the affirmative ivere —

Messrs.

Harden of W.,

Lee,

Reitz,

Abbett,

Hardin of Perry,

, Lemrnon

of H.,

Richardson,

Bird,

Harney,

Lemmon

. of S.,

Ripi^ey,

Blocher,

Hetfield,

McCaugl

i^ey,

Roberts,

Brogan,

Holcomb,

Miller,

Ryan,

Brown,

Hon,

Milroy,

Shaffer,

Bm-ton,

Howard,

Mutz,

Shoaff of Jay,

Collins,

Howell,

Niblack,

Spencer,

Cook,

Howk,

O'Brien

of M.,

Veach,

Donaldson,

Humphreys,

Osborne,

Waterman

Garvin,

Kemp of Dubois

i, Packard,

Williams,

Given,

Kemp of Vigo,

Priest,

Wolfe, and

Hall,

Lake,

Puett,

Mr. Speaker-53,

Hanna,

Lasselle,

Those tvho voted in the nes^ative ivere-

Messrs.

Chambers,

Hutchings,

Mustard,

Anderson,

Davis,

James,

Newman,

Atkison,

DeBruler,

Johnson,

Noyes,

Baker,

Forrester,

Jones,

O'Brien of H.,

Beyeile,

Gregg,

Kendrick,

Perry,

Branham,

Gregory,

Kilgore,

Robinson,

Budd,

Griffith,

Lamb,

Roe,

Cason,

Higgins,

Marshall,

Stone, and

Cass,

Hostetter,

Morgan,

Tarkington — 35.

So the amendment was laid on the table.

Mr. Cason moved that the bill be referred to the Committee on
the Judiciary, with instructions to inquire into and report as to its
constitutionality.

jMr. Hanna moved that the motion to refer lie on the table,
Upon which question Messrs. Griffith and O'Brien of Hamilton
demanded the ayes and noes.

623

Those ivho voted in the affirmative were-

Messrs.

Hardin of W.,

Lasselle,

Puett,

Abbett,

Hardin of Perry

, Lee,

Reitz,

Bird,

Harney,

Lemmon

I of H.,

Richardson,

Bloeher,

Hetfield,

Lemmon

I of S.,

Rippey,

Brogan,

Holcomb,

McCaugl

liey.

Roberts,

Brown,

Hon,

Miller,

Ryan,

Burton,

Howard,

Milroy,

Sliaffer,

Collins,

Howell,

Mutz,

Shoaff of Jay,

Cook,

Howk,

Ni black.

Spencer,

Donaldson,

Hunphreys,

O'Brien ^

of M.,

Veach,

Garvin,

Kemp of Vigo,

Osborn,

Williams,

Given,

Kemp of Dubois

5,Packard,

Wolfe, and.

Hall,

Lake,

Priest,

]\Ir. Speaker-ol

Hanna,

Those ivho voted in the 7ies:ative ivere-

Messrs.

Atkison,

Baker,

Beyerle,

Branham,

Budd,

Cass,

Chambers,

Davis,

De Bruler,

Forrester,

Gregory,

Griffith,

Higgins,

Hostetter,

Hntchings,

James,

Johnson,

Jones,

Kilgore,

Lamb,

Marshall,

Morgan,

Newman,

Noyes,

O'Brien of H.,

Perry,

Robinson,

Roe,

Stone, and

Tarkineton — 30.

So the motion to refer was laid on the table.
Mr. Brown demanded the i)revious question.

Mr. Cason moved that the House excuse Mr. Anderson from
voting.

Upon which question Messrs. Cason and Griffith demanded the
the ayes and noes.

Those who voted in the affirmative were —

Kemp of Dubois,0'Brien of M.,
Kemp of Vigo, Packard,
Kilgore, Pettibone,

Lake, Rippey,

Messrs.

Garvin,

Abbett,

Gregg,

Atkison,

Gregory.

Baker,

Griffith,

624

Bird,

Hanna,

Lasselle,

Robinson,

Blocher,

Harden of W.,

Lemmon

of S.,

, Ryan,

Branham,

Harney,

Marshall,

Spencer, ,

Brogan,

Hon,

Mustard,

Waterman,

Cass,

Howard,

Niblack,

Williams,

Chambers,

'Humphreys,

Noyes,

Wolfe, and

Collins,

Hutchings,

O'Brien of H.,

Mr. Speaker-44.

Cook,

Those icho voted in the nesrative were —

Messrs.

Beyeiie,

Brown,

Budd,

Burton,

Cason,

DeBruler,

Donaldson,

Forrester,

Given, Johnson.

Hall, Lamb.

Hardin of Perry, I^ee,

Hetfield.

Higgins,

Holcomb,

Hosletter,

Howell,

Howk,

Lemmon of H.

MeCaughey,

Miller. '

Milroy,

Morgan,

Mutz.

Osborn,

Priest,

Puett,

Reitz,

Richardson,

Shaffer,

Shoafli'of Jay and

Veach— 34.

So the House excused Mr. Anderson from voting.

The question being on seconding the demand for the previous
question Messrs. Cason and Anderson demanded the ayes and noes.

Those ivho voted in the affirmative were — -

Messrs.

Harden of W.,

Lee,

Reitz

Abbett,

Hardin of Perry,

Lemmon

of H.

, Richardson,

Bird,
Blocher,

Harney,
Hetfield,

Lemmon
McCaugl

of S.,
■ley,

Rippey,
Roberts,

Brown,

Holcomb,

Miller,

Ryan,

Burton,

Hon,

Milroy,

Shaffer,

Collins,

Howard,

Mutz,

'ShoafT of Jay,

Cook,

Howell,

Nibteck,

Spencer,

DeBruler,

Howk,

O'Brien ^

of M.,

Veach,

Donaldson,

Humphreys,

Osborne,

W^aterman,

Garvin,

Kempof Dubois

1, Packard,

Williams,

Given,

Kemp of Vigo,

Priest,

Wolfe, and

Hall,
Hanna,

Lake,
Lasselle,

Puett,

Mr. Speaker-53,

625

Those who voted in the nesrative luere-

Messrs.

Chambers,

Johnson,

O'Brien of H.,

Atkison,

Forrester,

Kilgore,

Perry,

Branham,

Griffith,

Lamb,

Pettibone, and

Budd,

Higgins,

Noyes,

Robinson — 16.

Cason,

So the House seconded the demand for the previous question.

The question being on the engrossment of the bill, Messrs.
Kilgore and Griffith demanded the ayes and noes.

Those toho voted in the affirmative were —

Messrs.

Hanna,

Lee,

Reitz,

Abbett,

Harden of W.,

Lemmon of H.

, Richardson,

Bird,

Hardin of Perry, Lemmon

of S.

, Rippey,

Blocher,

Harney,

McCaugl

hey,

Roberts,

Brogan,

Hetfield,

Miller,

Ryan,

Brown,

Holcomb,

Milroy,

Shaffer,

Burton,

Hon,

Mutz,

Shoaff of Jay,

Collins,

Howard,

Niblack,

Spencer,

Cook,

Howell,

O'Brien of M.,

Veach,

De Bruler,

Howk,

Osborne,

Waterman,

Donaldson,

Humphreys,

Packard,

Williams,

Garvin,

Kemp of Dubois, Priest,

Wolfe, and

Given,

Kemp of Vigo,

Puett,

Mr. Speaker -^2.

Hall,

Lake,

Those

tvho voted in the negative were —

Messrs.

Cason,

Higgins,

Morgan,

Anderson,

Chambers,

Lamb,

Perry,

Atkison,

Forrester,

Lasselle,

Pettibone, and

Branham,

Gregg,

Marshall,

Robinson — 17.

Budd,

Griffith,

So tlie bill was ordered to be engrossed.

The House suspended the order of business and proceeded with
reports from committees.

By Mr. Howell, from the Committee on Claims :
H. J.— 40

626

Mr. Speaker:

The Committee on Claims, to whom was referred the petition of
the "Jefferson County Agricultural Society," for an appropriation
of fifteen hundred dollars, for damages sustained by quartering
soldiers on their fair grounds, have had the same under considera-
tion and hereby report the same back to this House, and recom'-
mend that it lie on the table.

The report was concurred in. "-^ :■'.'-. '■.''•'--

By the same: • '

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Messrs. Talbott and Costigan, for five thousand two hundred dol-
lars and fifty cents, for private property left at Indiana Northern
State Prison, as shown by report of committee, have had the same
under consideration and recommend that the sum herein mentioned
be incorporated in the specific appropriation bill as an allowance
for the same.

The report was concurred in. ' • , !•'■'■'

By the same: , ' ' ' . ■ , ■

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
G. Simonson and Son, for $8,750, for clothing furnished Indiana
Volunteers, have had the same under consideration, and from the
statements of Captains Spicely, Johnson and Merrick, and also of
Col. Hovey, attached to said claim, have decided that the same is
not according to contract, and therefore recommend that the said
claim lie on the table.

The report was concurred in. .. ;; ^

By Mr. Vcach, from the same committee : . , ,

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Spiegle, Thorns and Co., of -^73 85, for furniture for the use of
the present Legislature, have had the same under consideration
and recommend the allowance of the same, and that the Coramit-

i • ■ ■ .

627

tee on Ways and Means be instructed to insert an allowance in
their specific appropriation bill.
The report was concurred in.

By Mr. Wolfe, from the same committee :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Messrs. Elder, Harkness and Bingham, for 1^416 for the Weekly
Sentinel, furnished Indiana Volunteers, as by contract with His
Excellency, the Governor, have had the same under consideration,
and recommend that the same be allowed and that the Committee
on Ways and Means be directed to incorporate an allowance for
the same in the specific appropriation bill.

The report was concurred in.

By Mr. Lemmon of Harrison, from the same committee :
Mu. Speaker:

The Committee on Claims, to whom was referred the memorial
of Nathaniel F. Cunningham, have had the same under considera-
tion, and recommend that the sum of one-fourth of one per cent on
all the monies received and disbursed from the sale of Swamp
Lands, and that the Committee of Ways and Means be instructed
to insert an allowance for the same in their specific appropriation
bill.

The report was concurred in.

By the same : ,

Mr. Speaker :

The Committee on Claims, to whom was referred the claim
of Bingham, Doughty & Co., for ^16 00 for weekly papers
delivered by order of the Governor, have had the same under con-
sideration and recommend the allowance of the same, and that the
Committee on Ways and Means be instructed to insert an allow-
ance for the same in their specific appropriation bill.

The report was concurred in. . ■ . ■ .

By Mr. Wolfe, from the same committee:

628

Mr. Speaker: • ;..:■., * • ''' i^ •» • •

The Committee on Claims, to whom was referred the claims of
the Indianapolis Journal Co., of 8156 26 for printing and binding,
have had the same under consideration and recommend the allow-
ance of the same, and that the Committee of Ways and Means be
instructed to insert an allowance in their specific appropriation bill.

The report was concurred in.

By Mr. Brown, from the Committee on the Organization of

Courts.

Mr. Speaker : •

The Committee on the Organization of Courts of Justice, to
whom was referred House bill No. 223, entitled " an act to provide
for the holding of terms, or days, or parts of terms, of the several
Circuit and Common Pleas Courts in this State, or cases where the
Judges thereof fail to attend and hold said courts, and to provide
for the payment of the persons appointed to hold such courts in such
cases, and repealing all laws, and parts of laws, coming in conflict
with this act," have had the same under consideration, and have
directed me to report the same back to this House, and respectfully
suggest its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :
Mr. Speaker:

The Committee on the Organization of Courts of Justice, to
whom was referred House bill No. 146, entitled "a bill to provide
for the appointment of g,ttorneys and assistant prosecutors to pros-
ecute the pleas of the State in the Circuit and Common Pleas
Courts, in certain cases, and for the appointment of council for
prisoners, when such prisoners are unable to pay such council, and
to provide for the payment of such appointees, and to repeal all
laws coming in conflict with this act, have had the same under con-
sideration, and have directed me to report it back to this House and
respectfully suggest its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

629

Mr. Speaker: : li

The Committee on the organization of Courts of Justice, to whom
was referred House bill. No. 245, entitled " an act to change the six-
teenth section of an act entitled an act to fix the time of holding
the Common Pleas Courts in the several counties in this State,"
have had the same under consideration, and have directed me to
report it back to this House, and respectfully suggest its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Holcomb, from the Committee on Education: "

Mr. Speaker: ■ .

The Committee on Education, to whom was referred the peti-
tion of sundrv citizens of Vigo county, asking a change in the
school laws so as to authorize the teaching of the German language
in our common schools," have had the same under consideration,
and directed me to return it back to the House, and recommend
that it lie upon the table, as the 156th section of the school law
clearly provides for the teaching of the German language. ;

The report was concurred in.

Mr. Woollen obtained leave of absence on account of sickness.
By ]\ir. Harney, from the Committee of Ways and Means:

Mr. Speaker :

The Committee of Ways and Means, to whom was referred
joint resolution No. 33, entitled " a joint resolution to provide for
the jn-inting and distribution of a pamphlet edition of certain por-
tions of the law relating to the settlement of decedents' estates,"
have had the same under consideration, and direct me to report to
this House, that in the opinion of said committee, legislation upon
the subject is inexpedient, and that the joint resolution be laid upon
the table.

The report was concurred in.

By Mr. SchafFer, from the Committee en Swamp Lands :
Mr. Speaker:

The Committee on Swamp Lands, to whom was referred House

630

bill No. 234, entitled " an act supplemental to the several acts here-
tofore passed in relation to the ditching and draining the swamp
lands donated by the United States," have had the same under
consideration, and instruct me to report back to this House, that in
the opinion of said committee, further legislation upon the subject
is inexpedient, and that the said bill be laid upon the table.
The report was concurred in.

By Mr. Richardson, from the same committee :

Mr. Speaker:

The Committee on Swamp Lands, to whom was referred House
bill No. 184, entitled " an act amending section 2 of an act to reg-
ulate the sale of the swamp lands donated by the United States to
the State of Indiana, and to provide for the draining and reclaim-
ing thereof, in accordance with the conditions of said grant," ap-
proved May 9, 1852, have had the same under consideration, and
instruct me to report back to this House, that in the opinion of said
committee, further legislation on the subject is inexpedient, and
that the said bill be laid on the table.

The report was concurred in.

By Mr. Lemmon of Harrison, from the Committee on the Sink-
ing Fund :

Mr. Speaker : '

The Committee on the Sinking Fund, to whom was refeiTed res-
olution No. 30, instructing said committee to inquire into the expe-
diency of so amending the law regulating the sale of lands, mort-
gaged to the Sinking Fund, so as to give one hundred and twenty
days for the redemption of said lands, have had the same under
consideration, and believing the proposed amendment to be expe-
dient, have directed me to report the following bill, and recommend
its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Mutz, from the Committee on Railroads :

Mr. Speaker:

The Committee on Railroads, to whom was referred the resolu-
tion inquiring whether any legislation is necessary to prevent the

631

loss of life of the employees of such roads, on account of the
bridges not being constructed of sufficient height to admit of the
passage of cars with such persons standing on the top of the same,
have had the same under consideration, and instruct me to return
the same, with the recommendation that the same lie on the table,
further legislation on that subject being deemed inexpedient.
The report was concurred in.

By Mr. Donaldson, from the same committee :

Mr. Speaker :

The Committee on Railroads, to whom was referred Senate biU
No. 97, have had the same under consideration, and have directed
me to report the same back, and recommend its passage.

The report was concurred in.

By Mr. Davis, from the Committee on Commerce and Manu-
factures :

Mr. Speaker:

The Committee on Commerce and Manufactures, to whom was
referred the resolution instructing them to inqdifre into the expedi-
ency of enacting a law to encourage the culture of the Chinese
Sugar Cane in the State, and to ascertain whether any legislation
is expedient or practicable for promoting the manufacture of the
same into molasses, sugar, vinegar, or any of the sirups, respect-
fully report that they have had the same under consideration, and
directed me to report that while they deem it inexpedient to enact
any law on the subject, they would say that the sugar cane has
been cultivated, to some considerable extent, in many parts of this
State ; but it is difficult to arrive at a true estimate of the aggre-
gate production of this article in the past year, but it is believed
that it is largely over the product of any previous year ; and your
committee are of the opinion that it can be cultivated and manu-
factured into sirups to a very great advantage. Mr. D. M. Cook,
of the State of Ohio, says the expenses of cultivation an abre of
Sorghum, is from 837 to $50, and yielded about 225 gallons of
sirup to the acre, and of this about 7 pounds to the gallon were
crystallizable sugar, giving 1,575 pounds to the acre.

Again, Mr. J. H. Smith, of Illinois, made 1,500 pounds to the acre,
from the crop of 1861, and had 115 gallons of good sirup besides

632

which would, at the present prices of sugar and sirup, yield a nett
profit of $146 per acre. The committee look upon the day as near
at hand when this State will produce sugar for export. All that is
wanted is for the farmers to give the Sorghum crop the same care
and attention they would any other, and it will prove a success.
The report was concurred in. , . •, •.■.

By Mr. Shoaff, from the Committee on Roads :
Mr. Speaker :

The Committee on Roads, to whom was referred House bill No.
104, an act prescribing a part of the duties of county auditors,
treasurers, and supervisors of roads, in relation to road tax, and re-
pealing all laws in conflict therewith, have deliberately considered
the same, and are of the opinion that the passage of said bill is
inexpedient, and therefore respectfully suggest that it be laid upon
the table.

The report was concurred in.

By the same :
Mr. Speaker: $^ ; , '■...■'■■

The Committee on Roads, to whom was referred House bill No.
185, introduced by Mr. Morgan, "An act to amend section eight of
an act entitled an act authorizing the construction of Plank, Mc-
Adamized, and Gravel roads," approved May 12, 1852, have had
the same under consideration, and I am directed to report favora-
bly to the passage of said bill.

The report was concurred in.

By Mr. Miller, from the Committee on County and Town-
ship Business : . . ^

Mr. Speakpjr : • • ., • . ■ , • • . u

I am instructed by the Committee on County and Township
Business, to whom was referred Senate bill No. 96, making it the
duty of clerks and auditors to index their records, to report that
they have had said bill under consideration, and would respectfully
suggest that the same be amended by striking out all of the fourth
section, and adding to the third section, after the word "Board," in

633

the last line, the following words, to-wit : " But nothing in this act
contained shall be so construed as to entitle any such clerk or audi-
tor to compensation for making such indexes," and when so amend-
ed, your committee would recommend that the bill pass.

The report was concurred in, and the bill ordered to be engrossed.

By the same : .

Mr. Speaker:

The Committee on County and Township Business, to whom
was referred a resolution with instructions to inquire into the prac-
ticability of more clearly defining, by law, the mode of re-survey-
ing lands heretofore surveyed by the United States, clearly speci-
fying how the loss or overplus shall be adjusted, have had the sub-
ject under consideration, and have inslrueted me to report tliat the
said committee are unable to suggest or provide any system that
would meet the objections set out in the preamble to the resolu-
tion; therefore the same is herewith returned to the House, and
recommended to lie on the table.

The report was concurred in.

By the same : ' .

Mr. Speaker :

I am instructed by the Committee on County and Township
Business, to whom was referred House bill No. 197, making it
lawful for the owner of any lands mortgaged to the School Fund,
or his heirs or assigns, to redeem the same within twelve months
from date of sale by auditor, to say that they have duly considered
said bill, and would respectfully recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By the same ;

Mr. Speaker :

The Committee on County and Township Business, to whom
was referred Senate bill No. 87, providing that township trustees
shall commence suit against supervisors failing to use due dili-
gence, v/ithin thirty days after information, instead of three days,
have had the same under consideration, and have instructed me to
report it back and recommend its passage.

634

The report was concurred in, and the bill ordered to be engrossed.
By the same :

Mr. Speaker : ' ' ' ■ > > , > .■ > i, . . .

The Committee on County and Township Business, to whom
was referred Senate bill No. 58, en)powcring commissioners to pay
bounties to volunteers, have had the same under consideration, and
have instructed me to report to this House that in the opinion of
the committee, further legislation is unnecessary, and recommend
that it be laid on the table. ■ ■■'.■.■■

Tlie report was concurred in. '-■

By Mr, Given, from the Committee on Engrossed Bills :

Mr. Speaker :

The Committee on Engrossed Bills have examined and com-
pared engrossed House bills Nos. 12, 25, 152, 160, 177, 182, 187,
189, and 236, and joint resolution No. 28 with the originals, and
find them correctly engrossed. ■ - • ; -

House bill No. 246 was taken from the table. . '■'

Mr. Niblack moved to strike out the word "legal." '•••

Agreed to.

The bill was referred to the Committee on Corporations.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Spi'aker:

I am directed to inform the House that the Senate has passed
Senate bill No. Ill, to-wit:

Senate bill No. 111. A bill to apportion Senators and Repre-
sentatives for the next six years.

In which the concurrence of the House is respectiully requested.

Mr. Brown ofFiTed a resolution, which was made the special or-
der for to-morrow evening at 7J o'clock.

Mr. Griffith olTered the following resolution : "I >

635

Resolved, That when this House adjourn that it adjourn until
Friday morning at 9 o'clock A. M.

Mr. Brown moved to amend by striking out "Friday morning,"
and inserting " to-moiTow morning."

On which question, Messrs. Roberts and Lasselle demanded the
ayes and noes.

Those who voted in the affirmative v^ere —

Messrs.

Abbett,

Atkison,

Brown,

Collins,

Cook,

DeBruler,

Donaldson,

Garvin,

Hall,

Harden of W.,

Hardin of P.,

Hetfield,

Holcomb,

Howard,

Howell,

Howk,

Humphreys,

Marshall,

Mason,

McCaughey,

Milroy,

Mutz,

Niblack,

Kempof Dubois, O'Brien of M.,
Kemp of Vigo, Osborn,
Lake, Packard,

Lee, Priest,

Lemmon of H., Puett,
Lemmon of S.,

Reitz,

Richardson,

Rippey,

Roberts,

Robinson,

Ryan,

Shaffer,

Shoaff of Jay,

Waterman,

Wolfe, and

Mr. Speaker-45.

Those ivho voted in the nesrative were —

Messrs.

Burton,

Hershey,

Spencer,

Bird,

Given,

Hon,

Veach, and

Blocher,

Griffith,

Lasselle,

Williams— 13.

Brogan,

Harney,

Miller,

No quorum voting,

Mr. Brown moved a call of the House.

Agreed to.

Those who ansivered to their names were-

Messrs. Hall, Lasselle, Reitz,

Abbett, Harden of W., Lee, Richardson,

Atkison, Hardin of Perry, Lemmon of H., Rippey,

Bird, Harney, Lemmon of S., Roberts,

Blocher, Hershey, Marshall, Robinson,-

Brogan, Hetfield, McCaughey, Ryan,

Brown, Holcomb, Miller, Shaffer,

636

Burton, Hon, Milroy,

Collins, Howard, Mutz,

Cook, Howell, Niblack,

De Bruler, Howk, Osborne,

Donaldson, Humphreys, Packard,

Garvin, Kemp of Dubois, Priest,

Given, Kemp of Vigo, Puett,

Gritfith, Lake,

ShoafF of Jay,

Spencer,

Veach,

Waterman,

"Williams,

"Wolfe, and

Mr. Speaker-59.

On motion,
The further call of the House was dispensed with.

The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, A. M.,
February 26, 1863.

The House met.

The Speaker ordered a call of the House.

Those ivho answered to their names were —

Messrs.

Abbett,

Atkison,

Bird,

Blocher,

Brogan,

Brown,

Collins,

Cook,

De Bruler,

Donaldson,

Ferris,

Garvin,

Given,

Griffith, Kemp of "Vigo,

Hall, Lasselle,

Hanna, Lee,

Harden of W., Lemmon of H.,
Hardin of Perry, Lemmon of S.,

Harney,

Hetfield,

Plolcomb,

Hon,

Howard,

Howell,

Howk,

Humphries,

Mason,

McCaughey,

Miller,

Milroy,

Mutz, ^*

Niblack,

O'Brien of M.,

Osborne,

Priest,

Puett,-

Rippey,

Roberts,

Robinson,

Ryan,

Shaffer,

Spencer,

Veach,

Waterman,

Williams,

Wolfe, and

-Mr. Speaker,-o4.

Kemp of Dubois,Packard,

637

The folloiving ivere the. absentees —

Messrs.

Gregg,

Lake,

Pettibone,

Abdill,

Gregory,

Lamb,

Reitz,

Anderson,

Hershey,

Leeds,

Richardson,

Baker,

Higgins,

Marshall,

Roe,

Beyerle,

Hostetter,

Moorman,

Shoaff of Allen,

Budd,

Hutchings,

Morgan,

Shoaff of Jay,

Cason,

James,

Mustard,

Stone,

Cass,

Johnson,

Newman,

Tarkington,

Chambers,

Jones,

Noyes,

Van Buskirk,

Davis,

Kendrick,

O'Brien of H.,

Woodruff, and

Forrester,

Kilgore,

Pendleton,

Woollen,— 46.

The House adjourned until to-morrow at 9 o'clock, A. M.

FRIDAY, 9 o'clock, A. M,
February 27, 1863.

House met.

The reading of the Journal of Wednesday and Thursday was
dispensed with.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker: ' •' .

I am dkected by the Senate to inform the House that the Senate
has passed the following bill thereof:

Senate bill No. 7^ A bill to protect the liberty of the press, de-
claring certain acts mfringing the liberty of the press to be felonious,
.and prescribing punishment therefor, and providing compensation
to persons whose property is injured or destroyed by mob violence
in certain cases, and declaring when thi's act shall take effect, in
which the concurrence of the House is respectfully requested.

638

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following bill of the House, without amendment:

House bill No. 94. A bill to enable railroad companies incorpo-
rated by other States, with their termini at the boundary line of
this State, to acquire the right of way, and make connections in
this State ; and also acquire the necessary grounds for depots and
other buildings, and machine shops, stock yards, tracks, crossings
and sidings within this State. . •

REPORTS FROM STANDING COMMITTEES.

By Mr. Harney, from the Committee on Ways and Means :

The Committee on Ways and Means, to whom was referred
resolution of the House in reference to fraudulent State stock, beg
leave to report that, in the opinion of this committee, the State is
not liable for, and will not, under any contingency, assume the
payment, or any part thereof, of any fraudulent issue of certificates
for the following reasons: The State debt of Indiana was origi-
nally contracted by issuing bonds payable in twenty years, with
coupons attached for the payment of semi-annual interest, all of
which were sold previous to the year 1845, and the authority to
issue any further obligations binding the State in that class of se-
curities, expired, or was revoked, before that time, by an act of the
General Assembly in 1846, and the supplementary act in 1847. A
new arrangement was entered into between the State and her
creditors, by which the State was relieved of one-half of her debt,
by transferring her interest in the Wabash and Erie Canal, with its
lands and revenues. For the other half she gave a certificate of
stock in her remaining indebtedness, bearing 5 per cent, interest,
and for the unpaid interest that had accrued she gave a like certifi-
cate, bearing two and one-half per cent, interest, and the old bond
was taken up and cancelled, by substituting the above description
of securities. Under the old arrangement tlJke could have been
no increase of State indebtedness, because no agent was author-
ized to issue her obligations, and she certainly did not intend to
assume any new risks or liability in the new arrangement. The
State, in her anxiety to make the terms satisfactory, agreed to
keep, at her own expense, an agent in New York City, whose duty

639

was to pay the interest there upon the debt, and issue certificates
of stocks founded on the original debt when the bonds were sur-
rendered, and also to transfer ownership in said stock whenever
sale was made of any portion of it ; but not authorized, under any
contingency, to increase the aggregate debt.

The special purpose in changing the nature of the debt was to
give her creditors a class of securities that could not be lost by
theft or accident. The certificate was prima facie evidence of
ownership of the stock. The books of the agency, when the trans-
fer was made, was conclusive. He could draw his interest, and
retain ownership, though his certificate was lost or in the hands of
another party. Now, should the State assume payment of a cer-
tificate fraudulently issued, it would be unjust to herself in act and
precedent, because it would acknowledge that a special agent could
increase her indebtedness when he had no authority for doing so,
under any contingency. If it did not increase the debt, it then
would cut some rightful owner out of his share of the indebted-
ness. Besides, it would violate the spirit of the agreement with
her creditors, because it would recognize ownership in the possession
of the certificate, when the transfer books would show to the con-
trary, thus destroying all the advantage to the creditor that the
system of giving certificates had over the old plan of bonds, with
coupons attached. This would materially affect their value, espe-
cially where they were held by judiciary agents for the purpose of
redeeming bank circulation, and other objects of a like character.
This is too important a feature to be overlooked, and is illustrated
by the circumstance of certain bonds which, a few years ago, were
held in trust by the General Government, and were abstracted from
its custody and thrown upon the market, resulting in their entire
loss to the Government. Indiana stock securities could not have
' been so abused.

Your committee further find that, under the provision of the act
changing the character of the indebtedness, which are recited on
the face of each certificate, it constitutes a class of paper known
as "not negotiable," and he who receives it from the party to whom
it was given, accepts jt with all of its equities, and liable to all its
frailties. It presume* the owner to be the person to whom it Avas
issued. Any other person holding it can have only a power of at-
torney, which may be given on the back of it, authorizing him to
have the ownership transferred to himself. Until such transfer is
made, the holder has recourse on the indorser only.

640

From this premise we conclude that there can be no innocent
holders of those fraudulent certificates, so far as the State is con-
cerned. The parties to whom they were issued must have known
their character, because they know the State was not selling her
obligations, and that her agent was not authorized to do that, but
was only transferring a pre-existent debt, therefore, when he receiv-
ed a bond for which there had been no transfer, he must have
known its condition, so that in all cases of over issue there must be
a collision between the agent of State and the party first receiving
the fraudulent stock. Now, it cannot be presumed that the State
can be bound by .a transaction where the party claiming the benefit
of it connived at the fraud by which he obtained it; neither can
any other party, as his attorney to transfer, have any greater claim
on the State than his principle had, who empowered him to act.
This position, the committee is satisfied, is sound law and sustain-
ed by the highest class of authorities ; besides all this, the State has
furnished, at great expense, the means of determining the genuine-
ness of the certificate right where they are held, and where the
transaction took place, in New Yorlc City. There are the transfer
books open to the public, which furnishes conclusive evidence as to
who is the rightful owner of State indebtedness. The interest
register also, which is publi.-^hed yearly in the agents report, shows
who receives rightfully dividends or interest on State stocks. In
order to make this matter more distinct and clear, the Legislature,
by act, approved March 5, 1859, declared the manner in which such
transfer should be made, and declared all other fraudulent and void,
and certainly no person receiving certificates since that date, which
proved to be fraudulent, can complain that the State had not done
her part in warning him against spurious issues. It maybe a sub-
ject of anxious inquiry by the public, why parties should issue, and
could use such an immense amount of fraudulent or pretended cer-
tificates when they are thus barred in the sale and transfer of them.
From inquiry on that subject, the committee are satisfied that they
were used, first, to exhibit to parties who took no great interest in
investigating their genuineness, then creating in business circles a
reputation for wealth and financial resources; and upon a reputa-
tion thus established, they obtained immense credit by hypothecat-
ing the certificates along with other securities with bankers and
capitalists. And further, your committee are satisfied that the
fraudulent certificates that are yet out, are all taken from one cer-
tain book left in the agency oflice, and marked " blue letter C," and

641

there exists no difficulty or doubt in identifying them ; they are
also advised as to whose hands they are in, and the amount for
which they are pledged to a certain date, mainly derived from the
report of the agent of State, and also from other sources. Now,
while we recommend that the State should never pay one dollar on
those spurious certificates, yet we deem it due to her creditors and
the public, and to herself, so as forever to settle the question, that
she should adopt some plan to, by law, force those parties holding
the spurious certificates to surrender them up and have them
destroyed. We think it is practicable, and that the probabilities
are that the most of them, if not all, can be procured without suit,
and in any event they should be tak(>n up and destroyed, so as to
wipe out this libel upon the credit of the State, and for this reason
the committee recommend the passage of the following joint reso-
lution.

The report was concurred in, and the joint resolution was read
and passed to a second reading.

By Mr. Howk, chairman of the committee on the Judiciary :
Mr. Speaker:

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 232, entitled " An act to legalize the
sales of lands made by Town Marshalls, in certain cases," to re-
spectfully report that they have had the same under consideration,
and they are of the opinion that the passage thereof is inexpedient,
they therefore recommend that said bill lie upon the table.

The report was concurred in.

By the same : • ,

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 229, entitled " An act supplementary
to an act entitled ' An act establishing general provisions respect-
ing corporations,' " to respectfully report that they have had the
same under consideration, and they are of the opinion that the
passage thereof is inexpedient, they therefore recommend that said
bill lie upon the table.

The report w^as concurred in.
H. J.— 41

642

By Mr. Burton, from the same committee :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom was
referred House bill No. 173, entitled "an act to amend sections 152,
173, 199 and 578, of chapter 1 of an act entitled ' an act to revise,
simplify and abridge the rules, practice, pleadings and forms, in
civil cases in the Courts of this State ; to abolish distinct forms
of action at law, and to provide for the administration of justice in
a uniform mode of pleading and practice, without distinction be-
tween law and equity,' "' approved June 18, 1852, to respectfully
report that they have duly considered tlie same, and they recom-
mend that said bill be amended by strilving out the second, fourth
and fifth sections thereof, and when so amended, they recommend
the passage of tlie same.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Lake, from the same committee :
Mr. Speaker: . , • ;

I am instructed by the Committee on the Judiciary, to whom
was refeired House bill No. 175, entitled " an act to amend sections
78 and 84 of an act to provide for a general system of common
schools, the officers thereof, and their respective powers and duties,
and matters properly connected therewith, and to establish Town-
ship Libraries, and to repeal all laws inconsistent therewith," ap-
proved March 11, 1861, to respectfully report that they have duly
considered the same, and they herewith return said bill to this House
and recommend the passage thereof.

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 194, entitled *' an act defining felonies,
and prescribing })unishment therefor," to respectfully report that they
have duly considered the same, and they are of the opinion that the
passage thereof is inexpedient, and they recommend that it lie on
the table.

643

The report was concurred in.
By Mr. Packard, from the same committee :
Mr. Speaker :

lam instructed by the Committee on the Judiciary, to whom wa«
referred House bill No. 222, entitled " an act to punish Sheriffs, or
other ministerial officers going or gone out of office, who shall fail
to make return of executions, or other final process in their hands,
or to deliver the same to their succesors," to respectfully report that
they have had the same under consideration, and they are of the
opinion that the passage thereof is inexpedient ; they therefore re-
commend that said bill lie upon the table.

The report was concurred in.

Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 204, entitled " an act to amend section
716 of an act entitled ' an act to revise, simplify and abridge the
rules, practice, pleadings and forms in civil cases in the courts of
this State, to abolish distict forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading and
practice, without distinction between law and equity," approved
June IS, 18^2," to respectfully report that they have duly considered
the same, and they recommend that said bill be amended by strik-
ing out tlie last seven lines thereof, and when so amended, they
recommend the passage of said bill.

The report was concurred in, and the bill, as amended, ordered to
be engrossed.

By Mr. Burton, from the same committee:
Mr. Speaker : ,

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 216, entitled " an act to amend the
129th section of an act entitled 'an act to revise, simplify and
abridge the rules, practice, pleadings and forms in criminal actions
in the courts of this State,'" approv'ed June 17th, 1852, to respect-
fully report that they have duly considered the same, and they are
of the opinion that the passage thereof is inexpedient ; they there-
fore recommend that said bill lie upon the table.

The report was concurred in.

644

By Mr. Howk, from the same committee :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 240, entitled " an act supplemental to an
act entitled touching the relation of guardian and ward," approved
June 9, 1852, to respetfnlly report that they have had the same un-
der consideration, and they are of the opinion that said bill, in its
present form, is unconstitutional ; they therefore recommend that
the same lie upon the table.

The report was concurred in.

By the same :
Mr. Speaker :

I am instructed by the Committee on the Judiciary, to whom
was referred House bill No. 243, entitled " an act to enable the
several Judges of the Circuit Courts throughout this State to ap-
point Circuit Prosecuting Attorneys in case there be any charge of
felony likely to be brought against the Prosecuting Attorney, and
to compel the foreman of the Grand Jury to report the fact of such
felony to the Judge of the court," to respectfully report that they
have duly considered the same, and they are of the opinion that
the passage thereof is inexpedient ; they therefore recommend that
said bill lie upon the table.

The report was concurred in.

Messrs. Kilgore and Abbett obtained leave of absence on account
of sickness.

Mr. Spencer obtained leave of absence.

By Mr. Holcomb, from the Committee on Education :

Mr. Speaker:

The Committee on Education, to whom was referred House bill
No. 135, amending section 13 of the school law so as to permit the
wives of soldiers to vote at school meetings," have had the same
under consideration, and have directed that it be returned to the
House with the recommendation that it lie on the table for the rea-
son that the amendment proposed is provided for in another bill
now pending in this House.

The report was concurred in.

645
By Mr. Given, from the same committee :

Mr. Speaker:

The Committee on Education, to whom was referred House bill
No, 203, a bill to amend the twenty-third section of the school law,
approved March 11, 1861, have had the same under consideration
and instructed me to report the same back, with the following
amendment, and when so amended the said committee recommend
its passage :

Strike out, in line twenty-three, in section twenty-three, after the
word "act," the following: "in the same mode as provided in section
forty-five, for the allowance and payment to the school examiner,"
and insert the following: "A sum not exceeding five dollars per
annum, to be paid by the proper township trustee out of the spe-
cial school tax."

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker :

The Committee on Education, to whom was referred House bill
No. 231, a bill to amend the forty-ninth section of an act to pro-
vide for a general system of common schools, the officers thereof,
and their respective powers and duties, and matters properly con-
nected therewith, and for the establishment and regulation of
township libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861, have had the same under consideration,
and direct me to report the same back and recommend its passage.

The report was concurred in, and the bill ordered to be engrossed.

By Mr. Ferris, from the Committee on the Rights and Privileges
of the Inhabitants of the State :

Mr. Speaker:

The Committee on Rights and Privileges of the Inhabitants of
the StElte, to whom was referred House bill No. 121, " an act to
prohibit and punish arbitrary arrests," have had the same under
consideration, and the majority of said committee have instructed
me to report the following substitute as an amendment thereto:

Strike out all after the enacting clause, and insert the following,
to-wit :

646

Section 1. Thai the removal of any person beyond the limits
of the State of Indiana, 1o answer any charge of having commit-
ted within this State any offense against the laws of this State, or
of the United States, is hereby declared to be a misdemeanor; and
any person who shall seize, or attempt to seize, or who shall, in any
manner, aid, procure, or attempt to procure, others to seize any
person whomsoever with intent, either secretly or otherwise, to con-
fine him within this State, contrary to the laws thereof, or to re-
move him out of the State ; and any person w^ho shall, in any way
whatever, remove or attempt to remove, or who shall procure, or
attempt to procure others to remove any person beyond the limits
of this State, on any charge of having committed within the same
any offense against the laws of this State or of the United States,
shall be deemed guilty of a misdemeanor; and on conviction
thereof shall be sentenced to imprisonment in the county jail for
any period not less than six, nor more than twelve months, and
fined not less than fifty nor more than one thousand dollars, or both
or either, at the discretion of the Court.

Sec. 2. And be it further enacted, that any person who shall,
without lawful authority, or without legal process duly issued to
him by competent authority, arrest any person with the intent to
take such person out of any county of this State, or who shall,
without such law^ful authority or legal process as aforesaid, arrest
and detain any such person in any county in this State, shall be
deemed guilty of a misdemeanor; and, upon conviction thereof,
shall be fined in any sum not less than fifiy, nor more than one
thousand dollars, to which may be added imprisonment in the
county jail for any period not less than six, nor more than twelve
months.

Sec. 3. And be it further enacted, that any person or persons
who shall knowingly procure, aid, assist, or encourage another to
commit the offense named in the second section of this act, shall
be deemed guilty of a misdemeanor; and, on conviction thereof,
shall be liable to the same penalties prescribed in the second sec-
tion of this act.

Sec. 4. Be it further enacted, that upon trial of any person for
having committed either of the offenses in this act set forth, the
fact that such seizure, confinement, or removal, was by order of the
President of the United States, or of anv member of his cabinet,

647

or other officer of the General Government, shall not constitute a
legal defense.

Sec. 5. Whereas, there is no law in force defining and punish-
ing the misdemeanors in this act set forth, it is hereby declared
that an emergency exists for the immediate taking effect of this
act, the same shall therefore be in force and take effect from and
after its passage and publicaiion in the Indianapolis Daily Journal
and Daily Stale Sentinel.

The committee further recommend the change of the title of the
act, so as to read as follows : An act defining misdemeanors, and
prescribing punishment therefor; and when said is so amended,
they recommend its passage.

The bill, report, and amendment were referred to the Committee
on the Judiciary.

By Mr. Garvin, from the Committee on Corporations :
Mit. Speaker :

The Committee on Corporations, to whom was referred House
bill No. 246, entitled " an act to classify the incorporated cities of
the Stale of Indiana, and for the better legislation of the police of
the same," have had the same under consideration, and a majority
of said committee have directed me to report the same back to this
House, and recommend its passage, with the following amend-
ment, viz. :

Strike out the words, "nineteen thousand" where they occur in
the first section, and insert in lieu thereof the words "eighteen
thousand."

The report was concurred in, and the bill ordered to be engrossed.

By the same :

Mr. Speaker : -

The Committee on Corporations, to whom was referred Senate
bill No. 62, entitled " A bill to amend the first section of an act for
the incorporation and continuance of Building Loan Fund and
Saving Association," approved March 5, 1857, have had the same
under consideration, and have directed me to report the bill back to
this House and recommend its passage.

648

The report was concurred in and the bill ordered to a third read-
ing.

By the same :

Mr. Speaker :

The Committee on Corporations, to whom was referred Senate
bill No. 73, an act to amend section fourteen of an act entitled
" An act authorizing the construction of plank, McAdamized and
gravel roads, approved May 12, 1852, and to extend the time in
which companies organized under said act shall commence and
complete the construction of their roads," have had the same under
consideration, and a majority of said committee have directed me
to report said bill back to this House, and recommend its passage.

The report was concurred in, and the bill ordered to a third read-
ing.

By the same :

Mr. Speaker :

The Committee on Corporations, to whom was referred Senate
bill No. 72, an act to amend section forty-two of an act entitled
" An act to repeal all laws now in force for the incorporation of
cities, and to provide, &c.," have had the same under consideration,
and a majority of said committee have directed me to report the
same to this House, and to recommend its passage.

The report was concurred in, and the bill ordered to a third
reading.

Mr. Packard, chairman of the Committee on Federal Relations,
made a report, which was laid on the table and 3,000 copies
ordered to be printed.

By the same :

Mr. Speaker :

The Committee on Federal Relations, to which was refeiTcd
joint resolution No. 2, of the House, respectfully report the same
back, with two amendments, and respectfully recommend its pass-
age.

Insert additional resolution after the second and add at end of

649

last resolution, after the word " Congress," and to the Governors
of the States of Kentucky, Missouri, Tennessee, Maryland and
Delaware, with a request that they be laid before the Legislature
of those States.

The amendment was adopted and the resolution ordered to be
engrossed.

By the same :

MiJ. Speakeh :

The Committee on Federal Relations, to which was referred
various resolutions, joint and otherwise, of the House, relative to
the President's Proclamation of " Emancipation,'' would respect-
fully report the following joint resolution, as embodying, in the judg-
ment of the majority of the committee, as nearly as possible, the
sentiments of the same, and would respectfully recommend the
passage thereof.

The resolution was read, and passed to a second reading.

By the same : .
Mr. Speaker:

The Committee on Federal Relations, to which was referred
various resolutions of the House relative to the payment of the
troops now in the service of the United States, would respectfully
report the following "Joint Resolution," as embracing as near as
possible, in the judgment of the majority of the Committee, the
principle sentiments contained in said resolutions; and the commit-
tee would respectfully recommend the passage of the joint resolu-
tion herewith reported.

The joint resolution was read, and passed to a second reading.

Mr. Given, from the Committee on Federal Relations, asked and
obtained further time, till Tuesday morning, to make a minority
report.

The order of business was suspended to enable Mr. Burton to
offer the following resolution :

Whereas, The time allotted for the sitting of this Legislature is
well nigh spent; and

Whereas, The people are looking anxiously for this honorable

650 ,

body to adopt some measure which looks to a cessation of hostili-
ties, and to the establishment of an honorable peace ; and

Waereas, It is evident that the demands of the people of Indi-
ana, in this regard, will not bo met unless some prompt and imme-
diate action is taken ; therefore.

Resolved, That Ihe Committee on Federal Relations be and are
hereby instructed to report to this House, on Wednesday morning,
March 4th, next, a bill or joint resolution, recommending or em-
bodying, in substance, the following propositions, viz:

1st. That we favor the calling of a National Convention, at as
early a day as practicable, in the city of Louisville, or at such other
place as may be designated, with a view of restoring peace to a
divided and distracted country.

2nd. That we memorialize Congress to act promptly in this
emergency, and to devise means by which the wishes of the people
may be expressed through a National Convention, at the earliest
possible day.

3rd. Th^t in the event of such a convention, we will instruct
our delegates thereto, to oppose the proscution of the war for ano-
ther day, or another hour, while the President adheres to his aboli-
tion policy, and disregards the restrictions imposed by the Federal
Constitution.

4th. That Indiana will not willingly furnish another man, or
anotliCT dollar for the further prosecution of this wicked and un-
natural war, if the administration is determined to further wage it
in spite of the wishes of the people, unless it is explicitly and un-
equivocally understood that it shall be waged solely iox the preserv-
ation of the Constitution, and the restoration of the Union under
the Constitution, with all the rights, dignity and equality of the
several States unimpaired.

Referred to the Committee on Federal Relations.

Mr. Niblack, iVom a select committee, made a report, which was
informally laid on the table.

The special order being the consideration of the following reso-
lution, reported by the Committee on Arbitrary Arrests :

Resolved, That the Committee on Arbitrary Arrests be authorized
to continue its investigations for a period not exceeding oO days after

651

the adjournment of the present session ; thaf the reports of said com-
mittee, together with the evidence and proceedings accompanying
the same, be filed with the Secretary of Stat(^ for publication, and
that 5000 copies thereof be printed, in book form, for distribution, as
follows : To each member of the Senate and House of Repre-
sentatives, ten copies; to each member of the committee, twenty-
five copies; and the remainder distributed as provided for the lav/s
and journals of this Assembly. That said committee sliall possess
and exercise tlie sai:ne powers as 1 hough the General Assembly
w.is in session. That said committee shall be entitled to appoint
a Sergeant-at-Arms for the service of process issued to him l)y the
chiiirman of said committee, and that the members of said com-
mittee, 9,nd officers thereof, shall be entitled to the same pay and
compensation as allowed in session, to be audited and paid upon
the certificate of the chairman of said committee. ^

Mr. Donaldson moved to strike out "eleven" and insert "three."
Agreed to.

The resolution, as amended, was adopted.

A message from the Senate, by IMr. Vawter, their Secretary :

Mn. Speaker :

I am directed by the Senate to present Senate enrolled act No.
24, an act to provide for the execution of conveyances, by county
auditors, of school lands, where the certificate has not been pro-
perly assigned or assignment acknowledged in certain cases, to
which the signature of the Speaker is requested.

Mr. Niblack, from a select committee, made the following re-
port :

Mr. Speaker : ■

The select committee, to which was referred House bill No. 206,
have had the same under consideration, and a majority of said
committee have instructed me to report the same back to the House
with an amendment, upon the adoption of which they recommend
its passage. Proposed amendment :

Strike out the words "fifty dollars," in tlie fourth line of the pro-
posed amended section, in the first section of the bill, and insert in
lieu thereof the words "twenty-five dollars."

652

The amendment was adopted.

The bill, as amended, was ordered to be engrossed.

RESOLUTIONS OF THE HOUSE.

By Mr. Hon :

Resolved, That the Judiciary Committee be instructed to in-
quire into and report to this House the last day upon which bills
can be constitutionally passed.

Adopted.

By Mr. Gritiith :

Whkrp^.as, It is believed that House bill No. 221, "An act pro-
viding for the organization of the Indiana militia, for a military
tax, and for other matters properly connected with the militia of
the State," is in direct violation of the Constitution of the State
of Indiana, and is a measure the passage of which would inflame
the public mind, and tend to promote anarchy; therefore, be it

Resolved, That it is the sense of this House that said bill should
be indefinitely postponed.

Mr, Niblack moved to refer the resolution to the Committee on
the Judiciary, with instructions to inquire into its constitutionality.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the President of the Senate to return enrolled
act No. 94, of House, an act to enable railroad companies incorpo-
rated by other States, with their termini at the boundary line of
this State, to acquire the right of way, and make connections in
this State, and also to acquire the necessary ground for depots and
other buildings, and for machine shops, stock yards, tracks, cross-
ings, and sideings within this State, which has received the signa-
ture of the President of the Senate.

The House adjourned until 1^ o'clock, P. M.

653

li o'clock 1'. M.

House met.

Mr. Brown moved that the motion to refer the resolution offered
by Mr. Griffith to the Committee on the .Judiciary, lie on the table.
Not agreed to.

The question being on referring the resolution with instructions,
It was so referred.

Mr. Marshall obtained leave of absence on account of sickness.

Mr. Waterman offered the following resolution :

Resolved, That the Auditor of State be requested to transmit to
this House a statement of the amounts of the various sums here-
tofore ajDpropriated by the Legislature, and remaining undrawn on
the first day of February, 1863, and also the amounts, if any, of
claims which are outstanding, and which liave not been paid on
account of the appropriations having been exhausted.

Adopted.

The following bills were introduced, read the first time, and
passed to a second reading:

House bill No. 252. An act to amend sections 11 and 18 of an
act entitled " an act for the organization and regulation of the In-
diana militia, prescribing penalties for violation of said legislation,
providing for the election of officers, defining the duties of military
and civil officers, and penalties for the neglect or violation thereof,
providing for courts-martial, councils of administration and military
encampments, making appropriations for the support of said militia,
repealing all laws heretofore enacted on that subject, saving certain
acts therein named, and declaring an emergency for the immediate
taking effect thereof," approved March 11, 1861.

By Mr. Garvin :

House bill No. 253. An act to extend to all cities in the S tate of In-
diana, the provisions, sections 83, 84 and 85 of an act entitled " an act
to repeal all general laws now in force for the incorporation of cities,
and to provide for the incorporation of cities, prescribe their powers
and rights, and the manner in which they shall exercise the same,

654

and to regulate such other matters as properly pertain thereto,'' ap-
proved March 9, 1857.

By Mr. Hanna : ^ .

House bill No. 254. An act entitled " an act to amend an act
entitled an act to provide for opening, vacating and change of high-
ways."

By Mi. Niblack :

House bill No. 255. An act touching the public arms of the
State, and regulating their collection and distribution.

By Mr. Lasselle :

House bill No. 256. To amend section 16 of an act regulating
descents, and the apportionment of estates, approved May 14, 1852.

By Mj. Buskirk :

House bill No. 257. A bill for the relief and benefit of Isaac E.
Johnson.

BILLS ON THEIU SECOND READING.

House bill No. 247. A bill for the relief of Ann Wizard ;
Was read the second time and referred to a select committee of
three, consisting of Messrs. Bird, Given and Atkison.

House bill No. 248. An act providing for the exercise of the
elective franchise, by legal voters of the State of Indiana, who may
be temporarily on military service, and making necessary regula-
tions therefor;

Was read the second time, and referred to a select committee of
five.

House bill No. 249. An act authorizing Circuit and Common
Pleas Courts to issue warrants for contempt of their authority in
certain cases therein named, and providing punishment in such cases;

Was read the second time, and referred to the Committee on the
Judiciary.

A message from the Governor, by Mr. HoUoway, his Private
Secretary :

655

Mr. Speaker :

I am directed by the Governor to inform your honorable body
that he has approved and signed House bill No. 44: "An act to
amend the sixth section of an act to fix the times of holding the
Common Pleas Courts in the several counties of this State, the du-
ration of the terms thereof, and making all process from the present
Common Pleas Courts returnable to such terms, and declaring when
this act shall take effect, and repealing all laws inconsistent there-
with," approved March 5, and has caused a copy of the same to be
filed in the office of the Secretary of Slate.

Mr. Priest, from a select committee, made the following report:
Mr. Speaker :

The select committee, appointed to make arrangements for the
raising of a national flag on the dome of the Capitol, beg leave to
report the following bill of expenses, amounting in all to seventy-
five dollars, which has been approved by a majority of the commit-
tee, and ask that the Committee on Ways and Means be instructed
to provide for the payment of the same in the specific appropriation
bill of the present session.

The report was concurred in. ,

Mr. Wolfe, from the Committee on Education, made the follow-
ing report :

Mr. Speaker :

The Comiuittee on Education, to whom was refeiTed House
resolution No. 45 of inquiry, have had the same under considera-
tion, and report that all the changes suggested in said resolution,
that the committee deem expedient at present to be made, have
been reported on to heretofore by a bill which has passed the House.
They, therefore, recommend that the resolutions lie upon the table.

The report was concurred in.

Mr. Abdill obtained further leave of absence.

The Speaker laid before the House the following communication
from the President of the Board of Sinking Fund :

656

Office of the Commissioners of the Sinking Fund,
Indianapolis, February 21, 1863.

Hon. S. H. BusKiRK :

Dear Sir: — I am in receipt of a resolution of the House over
which you preside asking information as to the amount of "losses"
to said fund on loans made by said Board of Sinking Fund Com-
missioners, or by the President of said Board.

In reply, I have the honor to report that the total amount of
losses to said fund, on account of loans, from the organization of
said Board to the present time, is three thousand two hundred and
eighty-three dollars ($3,283).

I am, very respectfully,

W."^H. TALBOTT,
President Board Sirddng- Fund Commissioners.

Referred to the Committee of Ways and Means.

The Speaker laid before the House the following communication
from the Superintendent of Public Inslruction:

Department of Pubi,ic Instruction,

Office of Superintendent,
Indianapohs, Feb. 7, 1863.

Hon. Samuel H. Buskirk,

Speaker of the House of Representatives :

SiK : — Please present to the body over which you preside my
accompanying official report as Superintendent of Public Instruc-
tion. It is the eleventh in regular number; but the first biennial
report, and for the years 1861 and 1862. I understand that copies
of it have been distributed to the members of the House this
morning.

Your obedient servant,

SAMUEL L. RUGG,
Superintendent of Public Instruction.

Referred to the Committee on Education, with instructions to
ascertain whether any further action is necessary on the part of the
House,

House bill No. 250. An act to amend section four of an act

657

entitled " an act to compel owners of town lots to grade and pave
or plank sidewalks, and fixing the penalty thereto," approved Feb-
ruary 14, 1859 ;

Was read the second time, and ordered to be engrossed.

House bill No. 251. An act to amend the first section of an act
entitled " an act to amend the second and fifth sections of an act
entitled an act to authorize the Commissioners of the Sinking
Fund to receive substitutes of stock, mortgages, and for other
purposes," approved January 28, 1847, and containing some provi-
sions respecting the reinstating of mortgages given for loans made
from the sinking, or any fund loaned by the Auditor or Treasurer
of State, and of sales made on account of any of said funds, and
respecting the collection, safety, and control of said funds, the
time, place, and manner of making sales, the proceedings against
purchasers who fail to comply, and matters properly connected
therewith, and to authorize the conversion of Indiana stocks into
bank bonds, and requiring the Commissioners to account for all
interest on deposits of income of the fund, and making the same a
part thereof, approved March 8, 1861 ;

Was read the second time, and referred to the Committee of
Ways and Means.

The Speaker laid before the House a communication from Ma-
jor General Rosecrans, which was ordered to be spread on the
Journal of the House :

HEADQUARTf:RS DEPARTMENT OF THE CUMBERLAND,

Muii'ieesboro, Tenn., February 18, 1863.

Gentlemen : — In the name of the ofiicers and soldiers of the
Ainiy of the Cumberland, I thank you for the resolutions of con-
gialulation, approval and condolence you have sent us on account
of the battle of Stone River. At the call of constitutional liberty,
the brave and true men of the West laid aside peaceful pursuits,
left their homes, and sought to qualify themselves to fight for a
Government that had cost the blood and treasures of two great
wars, and eighty years of time to establish. For twenty weary
months, this army has stood guard to keep the Confederate wolf
from your doors. They know what hunger, cold, weary marches,
and painful watchings it has cost to preserve our homes from inva-
.sion, and our friends and neighbors from conscription. It is, there-
H. J— 42

658

fore, doubly a pleasure to hear these free and cheering words now
from home.

The unscrupulous despots in our front call us " Lincoln hire-
lings," and we hear that this calumny has lately been repeated at
home, by some of the men whose property and persons have been
kept safe, by our toil and blood, from the ruthless hands of Kirby
Smith, Bragg, and Morgan. Presuming on our absence, these men
talk as if we were not citizens, and speak mockingly of our pat-
riotism. They stab in the back the most generous, true-hearted
men of the country, while standing guard in front of their doors,
and they prolong the war by encouraging the rebels to hope for di-
vided councils at our homes. I speak the convictions of the offi-
cers and men of this army, when I say that we fight to secure
equal rights to all under the Constitution and laws. We fight in
defense of our homes and hearths, sure to be invaded, if the rebel
despots, who began the war, can get power. But we long for
peace, we pray for peace, and we fight for peace. Not for a dis-
honorable peace — not for a hollow truce. We have once been de-
ceived by the cry of " no coercion," and of " State rights," and
have seen how the rebel leaders practice in East Tennessee, Mis-
souri, Western Virginia, and Kentucky. We have met the masses
of the South, and are witnesses of the falsehood, calumny, and
perfidy by which they have been led to wage war against us. We
have seen Hags of truce violated ; hospitals, ambulances, and boats,
bearing flags, fired upon ; and our sick and wounded stripped of
their blankets and robbed of their food. We have been approached
in battle by rebels wearing our uniforms and carrying our colors.
After witnessing the wholesale slander of us, their perfidy and
treachery towards the masses of their own people, and the unfair
and dishonorable means to which they resort to gain an advantage,
we have been forced to the immovable but sad conviction, that the
LEADERS of this rebellion are perfidious^ treacherous, unscrupulous^
and cruel. These leaders never will nor can be peaceable or true
friends and neighbors. And, as Mr. Davis has said, they only
want the power, not the will, to invade and subjugate us. We
should rejoice to see the power of these leaders fall by the hands
of their own people whom they oppress — that people for whose
rights we fight, in common with our own ; but unless it does thus
fall, we must destroy it, or it will destroy our nation, and our chil-
dren will pass under the yoke of a military despotism, raised on
the sable foundation of negro slavery, and the worse degrading ser-

659

vitudc of the " poor whites," such as now overshadow the South.
I say, "our children will pass under the yoke," for that covild only
happen after the biave and true men of the country — her citizen-
soldiers — shall have perished, or, deserted by the wretches whose
homes they have protected, heart-broken and dispairing, shall quit
the field, and give to slavery, and to its dominition, all who love
money more than honor, and peace more than freedom.

The issue is a plain one. If we who batlle for national exist-
ence are not to be sustained by our own friends at home, the sooner
we know it the better. We do not wish to be deceived as to our
position, nor fall victims to the treachery, cowardice, or selfishness
of those whom we have loved and trusted.

W. S. ROSECRANS,

Major General.

To the Hon. the Legislative Assembly,

of the State of Indiana. *

The Speaker laid before the House a communication from the
citizens of Monroe county ;

Which was referred to the Committee on Federal Relations.

Mr. Hall presented a memorial from the citizens of Rush county,
in reference to the present war ; , .

Which was referred to the same committee.

The Speaker laid before the House a communication from the
President of the Institution for the Education of the Deaf and
Dumb ;

Which was referred to the Committee on Benevolent Institu-
tions.

Senate bill No. 79, an act to protect the liberty of the press, de-
claring certain acts, infringing the liberty of the press, to be felo-
nies, and prescribing punishment therefor, and providing compensa-
tion to persons whose property is injured or destroyed by mob vio-
lence, in certain cases, and declaring when this act shall take effect;

Was read the first time, and passed to a second reading.

Mr. Packard, by consent of the House, offered the following res-
olution :

Resolved, That it is the sense of this House that the money

660

which has been collected of persons conscientiously opposed to
bearing arms in the late draft in this State, was collected without
any authority of law, and ought, therefore, to be refunded with in-
terest and damages from the person or persons unlawfully collecting
and withholding the same.

Referred to the Committee on Military Aifairs.

Senate bill No. 111. A bill to apportion Senators and Represen-
tatives for the next six years.

Read the first time, and passed to a second reading.

Mr. Niblack moved a call of the House,
Which was ordered.

Fifty-three members answered to their names.

The roll of absentees was called.

The foUoioing members were absent ivithotit leave —

Messrs.

Davis,

Johnson,

Noyes,

Anderson,

FoiTester,

Jones,

O'Brien of H.,

Baker,

Gregg,

Kendrick,

Perry,

Beyerle,

Gregory,

Lamb,

Pettibone,

Branham.

Hershey,

Leeds,

Roe,

Budd,

Higgins,

Moorman,

Stone,

Cason,

Hostetter,

Morgan,

Tarkington,

Cass,

Hutchings,

Mustard,

Van Bu!5kirk,and

Chambers,

James,

Newman,

Woodruff— 35.

The House adjourned until to-morrow at 9 o'clock, A. M.

SATURDAY, 9 o'clock, A. M.,
February 28, 1863.

The House met.

The reading of the Journal was dispensed with.

661

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has passed the following engrossed bills thereof, to-wit :

Senate bill No. 114. A bill to amend section 13 of an act enti-
tled " an act defining felonies, and prescribing punishment therefor,
:ipi)roved June 10, 1852, and more fully protect the citizens of the
State from arbitrary arrests, and procuring the privileges of the writ
of habeas corpus to such as maybe arrested without due process of
law," in which the concurrence of the House is respectfully re-
quested.

Senate bill No. 98. A bill to repeal all provisions of acts of in-
corporation heretofore passed requiring any company or companies
to complete any plank road, gravel road, or McAdamized road, and
authorizing said companies, in certain cases, to collect toll on said
road.

Mr. Speaker :

I am directed to inform the House that the Senate has passed,,
without amendment, House engrossed bill No. 91.

House bill No. 91. An act to provide compensation to the own-
ers of animals killed or injured by the cars, locomotives, or other
carriages of any railroad company in this State, and to enforce the
collection of judgment rendered on account of the same, and to re-
peal all laws inconsistent therewith. ; . , ', :

Mr. Speaker :

. , - . ■ . . ,: i

I am directed to present to the House Senate enrolled act No. 30,
to-wit :

Enrolled Senate act No. 30. An act to provide for the erection
and repair of any bridge across a stream forming the boundary line
between two counties, and to repeal all laws inconsistent therewith,
to which the signature of the Speaker is respectfully requested.

The House adjourned until 14 o'clock, P. M. -v

662

The House met.

li o'clock, p. m.

Messrs. Blocher, Hall, Lake and Puett obtained leave of absence
until Monday noon.

Further leave of absence was obtained for Mr. Shoaff of Allen,
on account of sickness.

Mr. Wolfe, Chairman of the Committee on enrolled bills, made
the following report :

Mk, Speaker: . '

The committee on enrolled bills would respectfully report that
they have carefully compared engrossed bill of the House No. 44,
with the engrossed copy thereof, and find that the same is, in all re-
spects, correctly enrolled, and that they p/esented the same to the
Governor for his approval, this the 25th day of February, at half-
past 11 o'clock, A. M.

Mr. Mutz moved a call of the House, ' . .

Which was ordered.

The following members answered to their names —

Messrs.

Hanna,

Lee,

Reitz,

Atkison,

Harden of W.,

Lemmon

of H.

Richardson,

Bird,

Hardin of Perry,

Lemmon

s.,

Roberts,

Brogan,

Harney,

Mason,

Rippey,

Brown,

Hetfield,

McCaugl

)

Robinson,

Burton,

Holcomb,

Miller,

iRyan,

Collins,

Hon,

Milroy,

Shaffer,

Cook,

Howard,

Mutz,

Shoaff of Jay,

DeBruler,

Howell,

Niblack,

Veach,

Donaldson,

Howk,

O'Brien of

M.,

Waterman,

Ferris,

Humphreys,

Osborne,

Williams,

Garvin,

Kemp of Dubois

, Packard,

Wolfe, and

Given,

Kemp of Vigo,

Priest,

Mr. Speaker-53

Griffith,

Lasselle,

The following were absent without leave —

Messrs. Davis, Johnson,

Abdill, Forrester, Jones,

Noyes, ■

O'Brien of H.,

V 663

Anderson, Gregg, Kendrick, Perry,

Baker, Gregory^ Lamb, Pettibone,

Beyerle, Ilershey, Leeds, Eoe,

Branham, Higgins, Moorman, Stone,

Budd, Hostetter, Morgan, Tarkington,

Cason, Hutchings, Mn^tard, VanBuiskirk,and

Cass, James, Newman, Woodruli^ — 36.
Chambers,

The Jollotvifig' members were absent luith leave — '. /

Messrs.

Hall,

Marshall,

Shoaffof Allen,

Abbett,

Kilgore,

Pendleton,

Spencer, and

Blocher,

Lake,

Puett,

Woollen— 11.

On motion of Mr. Brown,
The House adjourned until Monday next at 9 o'clock, A. M.

MONDAY, 9 o'clock, a. m.
March 2, 1863.

The House met.

Mr. Wolfe, Chairman of the Committee on Enrolled Bills, made
the following report :

Mr. Speaker:

The Committee on Enrolled bills would respectfully report that
they have carefully compared engrossed bill of the House, No. 91,
with the engrossed copy thereof, and find that the same is, in all
respects, correctly enrolled, and that they presented the same to the
Governor for his approval, this the 2nd day of March, at fifteen
minutes before ten o'clock, A. M.

Mr. Bird moved a call of the House, which was ordered.

664

The folloiving members answered to their names —

Messrs.

Hanna,

Lasselle,

Priest, . ,., ,^

Bird,

Harden of W.,

Lee,

Reitz,

Brown,

Hardin of Perry,

, Lemmon of H.,

Richardson,

Burton,

Harney,

Leramon of S.,

Rippey,

Cass,

Hetfield,

Mason,

Robinson,

Collins,

Holcomb,

McCaughey,

Ryan,

Cook,

Hon,

Miller,

Shaffer,

DeBruler,

Hovi^ard,

Milroy,

Shoaff of Jay,

Donaldson,

Howell,

Mutz,

Veach,

Ferris,

Howk,

Niblack,

Waterman,

Garvin,

Humphreys,

O'Brien of M.,

Wolfe, and

Given,

Kemp of Dubois

s,Osborn,

Mr. Speaker-50.

Griffith,

Kemp of Vigo,

Packard,

The following were absent without leave-

Messrs.

Chambers,

Johnson,

Noyes,

Abdill,

Davis,

Jones,

O'Brien of H.,

Anderson,

Forrester,

Kendrick,

Perry,

Atkison,

Gregg,

Lake,

Pettibone,

Baker,

Gregory,

Lamb,

Roberts,

Beyerle,

Hershey

Ijeeds,

Roe,

Bran ham.

Higgins,

Moorman,

Stone,

Brogan,

Hostetter,

Morgan,

Tarkington,

Budd,

Hutchings,

Mustard,

Van Buskirk and

Cason,

James,

Newman,

Woodruff— 39.

The

following is a list

of members absent \

with leave —

Messrs.

Hall,

Pendleton,

Spencer,

Abbett,

Kilgore,

Puett,

Williams, and

Blocker,

Marshall,

Shoaff of Allen

, Woollen— 11.

On motion, , v.-.- ,• . <.

Further proceedings under the call were dispensed with.

On motion of Mr. Brown,
The House adjourned until \\ o'clock, P. M.

665

1^ o'clock, p. m.
The House met.

The following message was received from the Senate, by Mr.
Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House, that they have
passed House engrossed bill No. 149. An act supplemental to an
act entitled an act for the incorporation of manufacturing and min-
ing companies for mechanical, chemical and building purposes, ap-
proved May 20, 1852, and to repeal the eleventh and fourteenth
sections of said act.

Mr. Niblack moved a call of the House, which was ordered.

Those ivho answered to their names were —

Messrs. Hall, Lasselle, Reitz,

Atkison, Hanna, Lee, Richardson,

Bird, Harden of W., Lemmon of H., Rippey,

Brogan, Hardin of Perry, Lemmon of S., Roberts,

Brown, Harney, Mason, Robinson,

Burton, Hetfield, McCaughey, Ryan,

Cass, Holcomb, Miller, Shaffer,

Collins, Hon, Milvoy, SlioafFof Allen,

Cook, Howard, Mutz, Shoaff" of Jay,

DeBruler, Howell, Niblack, Veach,

Donaldson, Howk, O'Brien of M., Waterman,

Ferris, Kemp of Dubois,Osborn, Wolfe,

Garvin, Kemp of Vigo, Packard, Woollen, and

Given, Kilgore, Priest, Mr. Speaker-58.

Griffith, Lake, Puett,

Those ivho were absent ivithout leave were —

Messrs.
Abdill,

Davis,

Forrester,

Johnson,
Jones,

Noyes,
O'Brien of H.,

Anderson,

Baker,

Beyerle,

Gregg,

Gregory,

Hershey,

Kendrick,

Lamb,

Leeds,

Perry,

Pettibone,

Roe,

666

Branham, Higgins,

Moorman,

Stone,

Budd, Hoh-tetter,

Morgan,

Tarkington,

Cason, Ilutchings,

Mustard,

Van Busk irk and

Chambers, James,

Newman,

Woodruff — 35.

Those loho were absent

with leave ivere —

Messrs. Blocher,

Marshall,

Spencer, and

Abbelt, Humphreys,

Pendleton,

Williams 7.

Mr. Lasselle offered the following resolution :

Wheueas, The following members of the House, to wit : —

Messrs. Anderson, of St. Joseph; Baker, of Noble ; Branham, of
Jefferson ; Budd, of Parke ; Beyerle, of Kosciusko ; Cason, of Boone
and Hendricks ; Chambers, of Warrick; Davis, of Elkhart and La
Grange ; Forrester, of La Porte ; Gregg, of Hendricks ; Cxregory, of
W'arren ; Hershey, of Tippecanoe; Higgins, of La Porfe ; Hostet-
ter, of Boone; Hutchings, of Jennings; James, of Grant; Johnson,
of Morgan ; Jones, of Wayne ; Kendrick, of Marion ; Lamb, of
Switzerland and Ohio ; Leeds, of Howard ; Moorman, of Randolph ;
Morgan, of Henry; Mustard, of Tippecanoe; Newman, of Wayne ;
Noyes, of Steuben; O'Brien, of Hamilton ; Perry, of Fayette and
Union ; Petribone, of Lake; Roe, of Jefferson ; Stone, of Wabash ;
Tarkington, of Marion ; Van Buskirk, of Decater ; and Woodruff,
of Wayne Counties, did, on Wednesday, the 25th ultimo, leave this
House and have not since returned to their seats, whereby, in vio-
lation of their constitutional obligations, Ihey have impeded the
course of legislation and rendered this House and General Assem-
bly of the State unable to proceed further with the business of the
State and the people ; therefore,

Resolved, That the Sergeant-at-arms be directed by the Speaker
to summons the said delinquent members to appear forthwith, and
resume their seats in this House, as such representatives of the
people of Indiana. <>

Mr. Niblack moved to amend by striking out the word "Sum-
mons," and inserting the word "Arrest."

Mr. Howk moved to lay the resolution and pending amendment
upon the table.

Upon which question Messrs. Brown and Shaffer demanded the
ayes and noes.

667

Those who voted in the affirmative were —

Messrs.

Burton,

Cass,

Collins,

Cook,

Ferris,

Grill! til,

Hail,

Hetfield, Lee, Rippey,

Holcomb, Lemmon of H., Robinson,

Hon, Lemmon of S., Ryan,

Howell, Milroy, Slioaff of Allen,

Howk, Mutz, ShoalT of Jay,

Hunphreys, O'Brien of M., Veach,

Waterman,
"Wolfe, and

Kemp of Dubois, O^born,
Kemp of Vigo, Puett,

Hardin of Perry, Kilgore,

Richardson, Mr. Speaker-35.

Those ivho voted in the nesrative were —

xMessrs.

Bird,

Brogan,

Brown,

Donaldson,

Garvin,
Given,
Hanna,
Hardin of W
Howard,

Lasselle,
McCaughey,
Miller,
Niblack,

Packard,
Reitz,

Shaffer, and
Woollen— 17.

So the resolution and amendment were laid upon the table.

On motion of Mr. Brown,
The House adjourned until to-morrow at 9 o'clock, A. M.

TUESDAY, 9 o'clock, A. M.,
March 3, 1863.

House met.

Mr. O'Brien of Martin, obtained leave of absence on account of
sickness.

The House extended the time to Mr. Given in which to make a
minority report from the Committee on Federal Relations.

REPORTS FROM STANDING COMMITTEES.

668
By Mr. Howell, chairman of the Committee on Claims:

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
J. McLene & Co., for paper furnished W. A. Peelle, Secretary of
State, have had the same under consideration, and recommend that
provision be made in the specific appropriation bill for the payment
of two hundred dmd twenty-two dollars and eighty cents, to said
McLene & Co., in liquidation of the same. -

The report was concurred in. -^

By the same : '

Mr. Speaker : '

The Committee on Claims, to whom was referred the claims of
Werden & Co., for step ladders, amounting to $9 50, have had the
same under consideration, and recommend that provision be made
in the specific appropriation bill for the payment of the same.

The report was concurred in.

By the same : . . ^,

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Elder, Harkncss & Bingham, for 312 copies of the Daily Sentinel,
furnished the House 52 days, for $919 36, find the same correct,
and recommend that the Committee on Ways and Means be in-
structed to make an allowance for the same in the specific appro-
priation bill.

The report was concurred in. \

By the same:

Mr. Speaker : '

The Committee on Claims, to whom was refen-ed the claim of
J. B. Wilson, for bill of hardware, bought by the Librarian, amount-
ing to '1529 30, find the same correct, and recommend that the Com-
mittee on Ways and Means be instructed to make an allowance
for the same in the specific appropriation bill.

V . 669

The report was concurred in.
By the same :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
J. S. Walker, for seven dollars, for lumber furnished, have had the
same under consideration, and recommend that the Committee on
Ways and Means make an allowance for the same in the specific
appropriation bill.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Ramsey & Henning, for $23 85, for furnishing gas tube, &c., have
had the same under consideration, and request me to report the
same correct, and recommend that the Committee on Ways and
Means make an allowance for the same in the specific appropria-
tion bill.

The report was concurred in.

By the same :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Ruger & Caldwell, for fourteen dollars, for candles, brooms, &c.,
have had the same under consideration, and request me to report
the same correct, and recommend that the Committee of Ways
and Means make an allowance for the same in the specific appro-
priation bill.

The report was concurred in.

|, By the same :

Mr. Speaker: i

The Committee on Claims, to whom was referred the claim of
Thomas Dorsey, for services rendered in purchasing wood for the
Legislature, amounting to five dollars, have had the same under

670

consideration and recommend that the Committee on Ways and
Means incorporate said amount in the specific appropriation bill.
The report was concurred in.

By the same :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
C. A. Werbridge, for seven dollars and thirty-two cents, have con-
sidered the same, and recommend that the Committee on Ways
and Means be directed to insert an allowance for the same into the
specific appropriation bill.

The report was concurred in.

By the same :

I
Mr. Speaker:

The Committee on Claims, to whom was referred the claim oi
John C. Dunn, for twenty-one dollars and fifty-five cents, for gas
pipe, labor, &c., have had the same under consideration, and request
me to report the same correct, and recommend that the Committee
on Ways and Means make an allowance for the same in the specific
appropriation bill.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the bill of
Elder, Harkness & Bingham, for 162 copies of the Daily Sentinel,
furnished the Senate 52 days, for 8477 36, find the same correct,
and recommend that the Committee on Ways and Means be in-
structed to make an allowance for the same in the specific appro-
priation bill.

The report was concurred in.

By Mr. Veach, from the same committee :
Mr. Speaker:

The Committee on Claims, to whom was refen-ed the claim of

671

Charles C. Campbell, for $179, money expended and services ren-
dered, in effecting the arrest of Hyram Merehouse, Wm. Manly,
and James Philipp, fugitives from justice, have had the same under
consideration, and recommend that an allowance of the above
amount be made, and that the Committee on Ways and Means,
be directed to incorporate the same into the specific appropriation
bill.

The report was concurred in.

By Mr. Lemraon of Harrison, from the same committee :

Mr. Speaker : ^

The Committee on Claims, to whom was referred the claim of
Messrs. Morrison & Ray, for fifteen hundred dollars, attorneys' fee
in defending the title to lands belonging to the Institution of the
Blind, have considered the same, and direct me to return it to this
House and recommend that it be referred to the Committee on the
Judiciary.

The report was concurred in, and the claim so referred.

By Mr. Niblack, from the Committee on Ways and Means :
Mr. Speaker:

The Committee on Ways and Means, to whom was referred
House bill No. 136, introduced by Mr. Moorman, entitled "an act
to amend an act for the relief of borrowers of the sinking fund,
and to repeal the fourth section and so much as applies to the
sinking fund, 'of the whole act of the 3d of March, 1839, to extend
the time of payment of loans from the sinking fund, and other
funds, and prescribing how mortgages may be substituted, as set
forth in the act of the 9th of March, 1861," have had the same
under consideration, and directed me to report the same back as
inexpedient, (as a bill on the same subject has already passed this
House) and that the said bill be laid on the table.

The report was concurred in.

By the same: . • .......

Mr. Speaker :

The Committee of Ways and Means, to whom was referred

672

House bill No. 226, A bill for the loaning and investment of the
sinking fund, prescribing the manner of making such investment,
and deiining the duties of the Commissioners, the Auditor and
Treasurer of State, in connection therewith, and to repeal an act
for the investment, distribution, and safe keeping of the funds aris-
ing from the 113th and 114th sections of an act establishing a
State Bank, approved June 8, 1854, and providing for the purchase
of bank bonds, and prescribing the duties of certain officers therein
named, approved March 1, 1859, have had the same under consid-
eration, and have instructed me to report the same back to the
House with an amendment, and when so amended to recommend
its passage.

Proposed amendment — amend section No. 2 by adding thereto
the following: , ■

Said Commissioners shall also, in making loans of said fund, as
nearly as practicable distribute the lonn thereof equitably through-
out the State, taking into consideration loans and distributions
already made.

The report was concurred in.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker:

I am requested by the Senate to inform the House that the Sen-
ate has passed the following engrossed bills of the House, to-wit :

House bill No. 57. A bill to provide that the value of United
States Government stamp duties required and used in original
process, certificates, bonds, appraisements, deeds of conveyance by
sheriffs, and other instruments, shall, in all actions, be taxed and
collected as other costs in said action.

House joint resolution No. 15. A joint resolution of thanks to
the soldiers of Indiana, and providing for the registry and preserva-
tion of the names of those who have fallen in the service of their
country during the present war.

Mr. Speaker:

673

I am directed by the Senate to inform the House that the Sen-
ate has passed the following engrossed bills thereof, to-wit :

Senate bill No. 103. A bill to amend sections eighteen and
twenty-six of " an act regulating general elections, and prescribing
the duties of officers in relation thereto," approved June 7, 1852.

In which the concurrence of the House is respectfully requested.

Senate bill No. 147. A bill providing for the election and ap-
pointment of officers for the Benevolent Institutions of this State,
prescribing some of their duties, and other matters properly con-
nected therewith ; repealing aU laws in conflict with the same, and
declaring an emergency for the immediate taking effect thereof.

Senate bill No. 78. An act to amend the eighth section of an
act entitled an act in relation to county treasurers, approved June
4, 1852.

Senate bill No. 138. A bill to amend the title of an act provid-
ing for the increasing of the capital stock and the directors of rail-
road companies, approved June 17, 185-.

Senate bill No. 89. A bill for the punishment of officers of
elections for receiving the ballots of unqualified persons and for
counting and returning such votes ; for abstracting or destroying
ballots, so that such votes shall be lost in the count and return ; for
removing ballots voted or substituting others instead thereof; for
changing the names or office voted for on ballots ; for falsely read-
ing or connting any nanje or office voted for; for writing spurious
or false names on any poll book ; for depositing spurious or false
ballots; for making false counts of votes, and for making false re-
turns of the votes cast at any election authorized bylaw to be held
in this State.

Senate bill No. 23. A bill to amend section thirteen of an act
entitled " an act providing for the election and qualification of jus-
tices of the peace, and defining their jurisdiction, power and duties
in civil cases," approved June 9, 1852, as amended by act approved
March 9, 1861.

Senate bill No. 109. A bill requiring the county commissioners
of the several counties of this State to make allowances and issue
orders therefor in certain cases therein specified.
H. J.— 43

674

Senate bill No. 124. A bill to amend sections one and four of
an act entitled an act to provide for locating and making highways
situate upon county lines, approved March 3, 1859.

Mr. Hanna, from a select committee, made the following report :

Mr. Speaker:

The select committee, to whom was referred House bill No. 242,
entitled " an act for the relief of Grafton F. Cookerly and Calvin
Jones, have had the same under consideration and have instructed
me to report the same back to the House, and recommend that it
lie on the table, and in lieu of the legislation proposed by said bill
recommend the adoption of the following resolution:

Resolved, That the Committee on Ways and Means be instruct-
ed to report an appropriation of two thousand five hundred dollars,
to be paid to the said Grafton F. Cookerly, to compensate him for
damages sustained by the destruction of his newspaper establish-
ment, known as the " Terre Haute Journal office," on the 21st day
of October, A. D. 1861, by a mob composed of a squad of soldiers
belonging to the Forty-Third Regiment of Indiana Volunteers,
while being organized under the authority of the State ; and that
said Committee of Ways and Means be further instructed to re-
port an appropriation of five hundred dollars to the said Calvin
Jones, to compensate him for damages sustained by the destruction
of his newspaper establishment, known as the " Rockport Demo-
crat office," on the day of — , A. D. 1863, by a mob com-
posed of a squad belonging to a portion of the Fifth Indiana
Cavalry, stationed near Rockport, Indiana.

Adopted.

Mr. Roberts obtained leave of absence, on account of sickness.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the President of the Senate to return to the
House enrolled act No. 149 of the House, to which he has affixed
his signature, it being an act supplemental to an act entitled an act
for the incorporation of manufacturing and mining companies,
and companies for mechanical, chemical, and building purposes,

675

approved May 20, 1852, and to repeal the eleventh and fourteenth
sections of said act, ■

Mr. Wolfe, from the Committee on Engrossed Bills, made the
following report:

Mr. Speaker: ■ '

The Committee on Enrolled Bills have carefully compared en-
grossed House bill No. 194, with the engrossed copy thereof, and
find the same, in all respects correctly enrolled; that they presented
the same to the Governor, at half-past 10 o'clock, A. M., this 3d day
of March, for his approval.

Mr. Kilgore moved that leave of absence be granted, till to-mor-
row noon, to Messrs. Griffith and Cass, to enable them to proceed
to Madison to confer with the seceded members of this House.

Mr. Nlblack moved that the motion lie on the table.
Agreed to.

Mr. Hanna, from a select committee, reported the following res-
olution :

Mr. Speaker:

The select committee, to which was referred House resolution

No. , for the relief of W. F. Mason, asking for indemnity for

the destruction of 325 bushels of corn by a squad of State cavalry,
recommend the adoption of the following resolution :

Resolved., That the Committee on Ways and Means be instructed
to report an appropriation of 195 dollars to be paid to the said W.
F. Mason, to compensate him for said damage.

Adopted.

Mr. Humphreys moved a call of the House,
Which was ordered.

Those ivho answered to their names were —

Kemp of Vigo, Priest,

Kilgore, Puett,

Lake, Reitz,

Lasselle, Richardson,

Messrs.

Given,

Abbett,

Griffith.

Atkison,

Hall,

Bird,

Hanna,

676

Blocher,

Harden of W.,

Lee,

Rippey,

Brogan,

Hardin of Perry, Lemmon of H.,

Robinson,

Brown,

Harney,

Lemmon of S.,

Ryan,

Burton,

Hetfield,

Mason,

Shaffer,

Cass,

Holcomb,

McCaughey,

Shoaffof Allen,

Collins,

Hon,

Miller,

Shoaff of Jay,

Cook,

Howard,

Milroy,

Veach,

DeBruler,

Howell,

Mutz,

Waterman,

Donaldson,

Howk,

Ni black,

Wolfe,

Ferris,

Humphreys,

Osborn,

Woollen, and

Garvin,

Kemp of Dubois-

, Packard,

Mr. Speaker-59.

Those

ivho were absent ivithout leave were-

—

Messrs.

Davis,

Johnson,

Noyes,

Abdill,

Forrester,

Jones,

O'Brien of H.,

Anderson.

Gregg,

Kendrick,

Perry,

Baker,

Gregory,

Lamb,

Pettibone,

Beyerle,

Hershey,

Leeds,

Roe,

Bran ham,

Higgins,

Moorman,

Stone,

Budd,

Hostetter,

Morgan,

Tarkington,

Cason,

Hutch ings.

Mustard,

Van Buskirk and

Chambers,

James,

Newman,

Woodruff— 35.

The foUoiving- members were absent with leave —

Messrs. O'Brien of M., Roberts, Williams — 6.

Marshall. Pendleton, Spencer, and

Mr. Kilgore moved further proceedings, under the call of the
House, be dispensed with. .

Agreed to.

The House adjourned until to-morrow at 9 o'clock, A. M.

677

WEDNESDAY, 9 o'clock, A. M., )
March 4, 1863. j

The House met.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker:

I am directed by the President of the Senate to inform the House
tluit the Senate has passed the following engrossed bills of the Sen-
ate, to-wit :

Senate bill No. 146. A bill granting the use of the State Prison
at Jetfersonville to the United States for the imprisonment of crim-
inals, convicted of offenses against the United States, directing the
Warden of said Prison to receive such prisoners, and prohibiting
the officers of the Northern Prison from receiving the same.

Senate bill No. 150, A bill to amend an act entitled " an act to
amend section 19 of an act to fix the time of holding the Common
Pleas Courts in the several counties of this State, the duration of
the terms thereof, and making all process from the present Com-
mon Pleas Courts returnable to such terms," &:c., approved Feb-
ruary 15, 1861.

Senate bill No. 106. A bill to provide for the prompt payment
of the officers and soldiers in the army of the United States, raised
and organized in the State of Indiana, and to provide means for
that purpose.

Senate Bill No. 170. A bill repealing sections 1, 2 and 12 of an
act entitled " an act to provide for the erection of a new prison
north of the National road, election of officers therefor, making ap-
propriations, and for the regulation of the same," approved March
5, 1859 ; amend an act supplemental thereto, providing for the elec-
tion of officers for the Northern Prison, prescribing some of their
duties, providing for the government of said prison, and other mat-
ters properly connected therewith, and continuing in force all laws
applicable thereto and not inconsistent thereto.

Senat bill No. 164. A bill providing for the payment of the
Indiana Legion and other State troops, for services in defending

, 678

the Ohio river border, and provide payment of other expenses of
said troops during the time of such service.

Senate bill No. 141. An act to amend sections 57, 59 and 60,
of an act defining misdemeanors, and prescribing punishment there-
for, approved June 14, 1852.

Senate bill No. 137. A bill giving County Surveyors the power
to administer oaths to viewers of roads, providing that when a sur-
veyor is one of the viewers, shall not be required to take an addi-
tional oath, in which the concurrence of the House is respectfully
requested. •

Also, that the Senate has passed the following engrossed bill of
the House, to wit :

House bill No. 66. A bill to amend the act entitled " An act to
incorporate the "Wabash Navigation Company," approved June
13, 1846, with an engrossed amendment to the title, in which the
concurrence of the House is respectfidly requested.

REPORTS FROM STANDING COMMITTEES.

By Mr. Howell, chairman of the Committee on Claims :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
B. D. Angell, for ^140 00, for making abstract of the Northern
Indiana State Prison Books, and mileage from Michigan City to
Indianapolis, two different times, and two day's witness fees, have
had the same under consideration and recommend the allowance
for the same, and that the Committee of Ways and Means be in-
structed to insert an allowance for the same in their specific appro-
priation bill.

The report was concurred in.

By the same :

Mr. Speaker:

The Committee to whom was referred the claim of William
Braden, for Stationery, amounting to $9 85, have had the same
vinder consideration and recommend that the Committee on Ways

^. *^-

679 .

and Means be instructed to make provision for the payment of the
same in the specific appropriation bill.
The report was concurred in.

By the same: ■ . • '

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
George W. Amsden, for services in keeping order in the outside
halls of the State House during the present session, sixty-one days,
at 83 00 per day, amounting to ^183 00, have had the same under
consideration, and recommend that the Committee on Ways and
Means be instructed to make provisions for the payment of the
same in the specific appropriation bill.

Mr. Holcomb moved to amend by striking out " 83 00," and
inserting " 81 50."

Mr. Milroy moved to amend the amendment by striking out
$1 50, and inserting " 82 00."
Not agreed to.

The question being on the amendment of Mr. Holcomb,
It was not adopted.

The question being on concurring in the report of the commit-
tee,

It was not concurred in.

Mr. Niblack moved to reconsider the vote by which the House
refused to concur in the report of the committee.
Agreed to. '

The report was referred to a select committee of three, consist-
ing of Messrs. Brown, Holcomb and Atkison.

By the same :

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
\VUliam Sheets, for Stationery furnished, amounting to $86 45,
have had the same under consideration, and recommend that the

680

Committee on Ways and Means be instructed to make provision
for the payment of said claim in the specific appropriation bill.
The report was concurred in.

By the same : : ■ ; H

Mr. Speaker : ' ' -

The Committee on Claims, to whom was referred the claim of
Thomas Barbour, for paste furnished during the present session
amounting to $1 50, have had the same under consideration, and
recommend that the Committee on Ways be Means be instructed to
make provision for the payment of the same in the specific appro-
priation biU.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Peter Joseph Rinehard, for Locks and Keys furnished State House,
and for repairs, amounting to $16 25, have had the same under
consideration, and recommend that the Committee on Ways and
Means make provisions for the payment of the same in the specific
appropriation bill.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Bowen, Stewart & Co., for stationery furnished Librarian for the
use of the General Assembly, amounting to f 508 70, have had the
same under consideration, and recommend that the Committee on
Ways and Means be instructed to make provision for the payment
of the same in the specific appropriation bill.

The report was concurred in.

By Mr. Lemmon of Harrison, from the same committee :

Mb. Speaker :

The Committee on Claims, to whom was referred the claim of

681

Fitchey & Anderson, for double lock and repairing ventillation,
amounting to 64 50, have had the same vinder consideration, and
recommend that the Committee on Ways and Means be instruct-
ed to make provision for the payment of the same in the specific
appropriation bill.

The report was concurred in.

By the same :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
McCord & Wheatly, for lumber furnished for fence building,
amounting to 814 90, have had the same under consideration, and
recommend that the Committee on Ways and Means make provi-
sion for the payment of tlie same in the specific appropriation bill.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
the Indianapolis Journal Company, amounting to 6919 36, have
had the same under consideration, and recommend that the Com-
mittee on Ways and Means be instructed to make provision for the
payment of the same in the specific appropriation bill.

The report was concurred in.

By Mr. Veach, from the same committee :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
J. S. Walker, for 62 05, for 110 feet of lumber, have had the same
under consideration, and recommend that the Committee on Ways
and Means make provision for the payment of the same in the
specific appropriation bill.

The report was concurred in.

By the same :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of

682

Ballwegg & Kindler, of ^11 65, for keys and repairing locks, have
had the same under consideration, and recommend that the Com-
mittee of Ways and Means make provision for the payment of the
same in the specific appropriation bill.
The report was concurred in.

By the same : , . • "

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
J. H. Frazicr, of ^11 25, for repairing and putting 75 locks on the
desks of the House, have had the same under consideration, and
recommend that the Committee on Ways and Means be instructed
to make provision for the payment of the same in the specific ap-
propriation bill. •

The report was concurred in. ^

: i

By the same :

! ■
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
R. L. &c A. W. McOuat, for $24 55, have had the same under con-
sideration, and recommend that the Committee on Ways and
Means be instructed to make provision for the payment of the same
in the specific appropriation bill.

The report was concurred in.

By Mr. Wolfe, from the same committee :
Mr. Speaker : .

The Committee on Claims, to whom was referred the claim of
James G. Douglass, for binding and furnishing periodicals, amount-
ing to $242 85, have had the same under consideration, and re-
commend that the Committee on Ways and Means be instructed
to make provision for the payment of the same in the specific ap-
propriation bill.

The report was concurred in.

By the same : : • •; I'l''; •'

Mr. Speaker: :-%J«?- ^m^^^:^^^^'''^^-' '- ■

683

The Committee on Claims, to whom was referred the claim of
Hawthorn, of ^13, for two water coolers, have had the same under
consideration, and recommend that the Committee on Ways and
Means be instructed to make provision for the payment of the
same in the specihc appropriation bill.

The report was coneuiTed in.

By the same :
Mr. Speaker :

The Committee, on the claim of A. M. Elkins, of 81^, for four
days' work in preparing the Hall of the House of Representatives
for the session of 1861, have had the same under consideration,
and recommend that the Committee of Ways and Means be in-
structed to make provision for the payment of the same in the spe-
cific appropriation bill.

The report was concurred in.

By the same : '
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
William Wallace, Clerk of the Marion Circuit Court, have had
the same under consideration, and recommend that the same be
laid on the table.

The report was concurred in.

By the same:

Mr. Speaker :

The Committee on Claims, to whom was refeiTed the claim of
A. E. & W. H. Drapier, for sixty-six dollars, balance due on Bre-
vier Legislative Reports of the House of Representatives, have
considered the same, and recommend that the Committee on Ways
and Means be directed to incorporate said siim into the specific ap-
propriation bill in favor of said claimants. ,,..,

The report was concurred in. '

By the same :
Mr. Speaker: .i

684

The Committee on Claims, to whom was referred the claim of
George A. Bickwell, of one hundred dollars, for services as Judge
at the Special Term of the Monroe, Knox and Bartholomew Cir-
cuit Courts, have had the same under consideration, and recom-
mend that the Committee of Ways and Means be instructed to
make provision for the payment of the same in the specific appro-
priation bill.

The report was concurred in.

Mr. Given made the following report from the Committee on
Federal Relations:

Mr. Speaker :

The undersigned, a minority of the Committee on Federal Re-
lations, beg leave to jire-^ent the following minority report : While
we do not differ materially from the views presented in the report
of the majority of the Committee, we do consider that they have
omitted, and passed over in silence, the great and paramount ques-
tion now before the people. From the first appearance of the dark
' cloud of wild fanaticism in our political horizon to the present hour,
to express a desire for a peaceful solution of our national troubles,
has been regarded by the party controlling our national affairs as a
crime second to none found upon the statute books of civilized
nations.

In the late war between this Government and Great Britain,
almost as soon as hostilities commenced, commissioners were ap-
pointed on our part, to treat for peace, and the same was done in
the war with Mexico, yet for almost two years a revolution unsur-
passed in the annals of history, has been wasting away the best
blood and treasures of the nation, and laying waste the rich inherit-
ance of our fathers without one single effort being made by the
national administration, either to avoid or check this terrible car-
nage, by compromise or peaceable adjustment. As to what would
be the duty of the citizen in regard to his support of a War for the
Union under the Constitution, we are not now called upon to con-
sider, as the object of this war now appears too plain to be mis-
understood, the most casual observer sees in all the late acts of the
administration a greater desire to destroy the institution of slavery
than to restore the Union of these States, and the only question
for us to decide, is a choice between a crusade against slavery to
the last man and the last dollar, or the effort to settle existing

685

difficulties in the manner shadowed forth in onr Federal Constitu-
tion. Believing the latter to be in accordance with the views and
desire of a large majority of the people of this State, the under-
signed would report the following resolutions, and recommend their
adoption :

Be it resolved by the General Assembly, That it is to the people
we must look for a restoration of the Union, and the blessings of
peace, and to these ends w'e should direct our earnest and honest
efTorts, and hence we are in favor of the Assembly of a National
Convention of all the States, at Louisville, Ky., at the earliest prac-
ticable period, so as to adjust our national difficulties that the
States may live together in harmony, each being secured in the
rights guaranteed respectively by our fathers.

2. Resolved, That we earnestly recommend a cessation of hos-
tilities for such period as may be necessary to allow the ])eopl(' of
the north and south to express, through a National Convention,
their wish for peace, and a maintenance of the Union as it w^as,
under the Constitution as it is.

The joint resolution was read and passed to a second reading.

The following messages were received from the Senate, through
Mr. Vawter their Secretary:

Mr. Speaker:

I am directed by the President of the Senate, to return to the
House, House enrolled act No. 57, An act to provide that the value
of United States Government stamp duties, required and used on
original process, certificates, bonds, appraisements, deeds of con-
veyance by sheriffs, and other instruments, shall in all actions be
taxed and collected as other costs in said actions ; to which he has
affixed his signature.

Also, that the President of the Senate has signed Joint Resolu-
tion No. 15, of the House, A joint resolution of thanks to the sol-
diers of Indiana, and providing for the registry and preservation of
the names of those who have fallen in the service of their country
during the present war.

Mr. Speaker:

686

I am directed by the Senate to inform the House that the Sen-
ate has passed the following engrossed bill of the House, to-wit :

House bill No. 142, A bill to amend the 656th and 661st sec-
tions of an act entitled an act to revise, simplify and abridge the
rules, practice, pleadings and forms in civil actions in the courts of
this State, to abolish distinct forms of action at law, and to pro-
vide for the administration of justice in a uniform mode of plead-
ing and practice, without distinction between law and equity,
approved Jane 18, 1852.

House bill No. 78. A bill to enable persons other than corpora-
tions to reclaim wet lands.

]Mr. Bird moved a call of the House,
Which was ordered.

Those who answered to their names were —

Messrs.

Hall, Lake,

Puett,

Abbett,

Hanna, Lasselle,

Reitz,

Atkison,

Harden of W., Lee,

Richardson,

Bird,

Hardin of Perry, Lemmon

of H.,

Rippey,

Blocher,

Harney, Lemmon

of S.,

Robinson,

Brogan,

Hetfield, Mason,

Ryan,

Brown,

Holcomb, McCaughey,

Shaffer,

Burton,

Hon, Miller,

Shoaff of Allen,

Collins,

Howard, Milroy,

Shoaffof Jay,

Cook,

Howell, Mutz,

Veach,

De Bruler,

Howk, Niblack,

Waterman,

Donaldson,

Humphries, Osborne,

Wolfe,

Ferris,

Kemp of Dubois, Packard,

Woollen, and

Garvin,

Kemp of Vigo, Priest,

Mr. Speaker,-56.

Given,

Those

icho were absent without leave

' icere-

—

Messrs.

Davis, Johnson,

Noyes,

Abdill,

Forrester, Jones,

O'Brien of H.,

Anderson,

Gregg, Kendrick,

Perry,

Baker,

Gregory, Kilgore,

Pettibone,

Beyerle,

Griffith, Lamb,

Roe,

687

Branham,

Hershey,

Leeds,

Stone,

Budd,

Higgins,

Moorman,

Tarkington,

Cason,

Hostetter,

Morgan,

Van Bu:?kirk,and

Cass,

Hatchings,

Mustard,

Woodruff— 38.

Chambers,

James,

Newman,

Those ivho were absent with leave were —

Messrs. O'Brien of M., Roberts, Williams— 6.

Marshall, Pendleton,- Spencer, and

The House adjourned until to-morrow at 9 o'clock, A. M.

THURSDAY, 9 o'clock, A. M.,
March 5, 1863.

House met.

A message from the Senate, by Mr. Vawter, their Secretary :

'^^. Speaker:

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills of the Senate, to-wit:

Senate bill No, 54. A bill to amend the eighth section of an
act entitled " an act dividing the State into counties, defining their
jurisdiction of such as border on the Ohio and Wabash rivers," ap-
proved June 7th, 1852.

Senate bill 156. A bill to amend the fourth section of an act
entitled "an act in relation to County Auditors," approved May
31, 1852.

Senate bill No. 121. A bill for the relief of purchasers of swamp
lands, when the sale and conveyance thereof to such purchasers
was involved, and conveyed no good and sufficient title thereof, or

■im

688

when the title to such lands may have failed after the sale thereof,
and also declaring when such act shall take effect.

Senate bill No. 108. A bill to signify the assent of the State of
Indiana to the conditions and provisions of an act of Congress en-
titled " an act donating public lands to the several States and terri-
tories which may provide colleges for the benefit of agriculture and
the mechanic arts, approved July 2d, 1862 ; and to express the
State's acceptance of said conditions and provisions, and for ac-
cepting the script offered by the act df Congress, and for its sale
and investment in the State of Indiana bonds or stocks for the en-
dowment of an agricultural college."

House bill No. 117. A bill to authorize the Congi-essional town-
ship school fund, which accrued from tlie sale of school lands within
the territory now forming the county of Newton to said county of
Jasper, with engrossed amendments ; in all of which the concurrence
of the House is respectfully requested.

Senate bill No. 110 A bill creating tlie Fourteenth Judicial Circuit,
providing for a Judge thereof, making all process returnable thereto,
fixing the commencement and length of term of courts, and attach-
ing the county of Huntington to the Tenth Judicial Circuit.

Also, Senate joint resolution No. 10. A joint resolution in rela-
tion to the enlistment and arming of negroes in the army of the
United States.

Also, House joint resolution No. 4, relative to freights.

House bill No. 110. A bill to amend section one of an act en-
titled " an act to amend section three of an act for the regulation
of weights and measures," approved June 9, 1852, approved Feb-
ruary 28, 1855.

House bill No. 147. An act to amend the 655th section of an
act entitled an act to revise, simplify, and abridge the rules, prac-
tice and pleadings, and forms in civil caseg in the Courts of this
State; to abolish distinct forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading
and practice, without distinction between law and equity, approved
June 18, 1852.

The Speaker laid before the House a communication from the

689

Auditor of State, which was referred to the Committee on the Ju-
diciary.

Also a communication from the Superintendent of the Insane
Asylum, which was referred to the Committee on Benevolent In-
stitutions.

REPORTS FROM STANDING COMMITTEES.

By Mr. Howell, chairman of the Committee on Claims :
Mr. Speaker :

The Committee on Claims, to whom was referred the claims of
the Indianapolis Gas Light Company for two hundred and forty
dollars, have had the same under consideration, and recommend
that the Committee on Ways and Means be instructed to make
provisions for the payment of the same in the specific appropria-
tion bill.

The report was concurred in.

By the same :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Joseph J. Bingham for one hundred and three sets of Gavin & Hord's
edition of the Revised Statutes, ■'jr^o 50 per volume, amounting to
seven hundred and twenty-one dollars, have had the same under
consideration, and recommend that the Committee on Ways and
Means be instructed to make provisions for the payment of the
same in the specific appropriation bill.

The report was concurred in.

By Mr. Lemmon of Harrison, from the same committee:
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
A. Wilson for paper delivered to the Treasurer of State, for one
thousand and seventy-one dollars and fifty-five cents, have had the
same-under consideration, and recommend that the Committee on
Ways and Means be instructed to make an allowance for the same
in the specific appropriation bill.

The report was concurred in. '

H. J.— 44

690

By Mr. Veach, from the same committee: "" ■ > ' i ■ • <'

Mr. Speaker: , , ,,

The Committee on Claims, to whom was referred the claim of
J. McLene for stationery, for one thousand seven hundred dollars,
have had the same under consideration, and recommend that the
Committee of Ways and Means be instructed to make an allow-
ance for the same in the specific appropriation biU.

The report was concurred in. ■ . ■ •:

By Mr. Wolfe, from the same committee: .,

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Hogshire & Co. for twenty-eight dollars and thirty cents, have had
the same under consideration, and recommend that the Committee
on Ways and Means be instructed to make an allowance for the
same in the specific appropriation bill.

The report was concurred in.

By the same : . •"•

Mr. Speaker: :■, ^ ■, •,• - -^ ■ ''''•>

The Committee on Claims, to whom was referred the claim of
James Griffin for labor about the State House, for one hundred
and fifty-six dollars, have had the same under consideration, and
recommend that it be referred to the select committee of three to
whom was referred the claim of George W. Armsden.

The report was concurred in, and the claim so refeiTed. '

By Mr. Howell, from the same committee: ■ '■■ ' '■

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Semmons & Co., for one thermometer, have had the same under
consideration, and have directed me to report the same correct, and
recommend that the Committee on Ways and Means be instracted
to make an allowance of one dollar and twenty-five cents in the
specific appropriation bill for the same. . ., . ,, ,, , "

The report was concurred in. . ■. . : i..:.. ,• ;.'i..

691

By the same : ' . ' '

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Elder & Harkness for stationery, amounting to two thousand one
hundred and seventy-eight dollars, have had the same under con-
sideration, and recommend the Committee on Ways and Means be
instructed to make provisions for the payment of the same in the
specific appropriation bill.

The report was concurred in.

By Mr. Brown, from a select committee :
Mr. Speaker:

The select committee, to whom was referred the claim of George
W. Armsden, and the report of the Committee on Claims in refer-
ence to it, have had said claim and report under consideration, and
have directed me to report the same back to this House, and re-
quest the adoption of said report, with the following amendment :
To strike out three dollars per day, and insert one dollar and fifty
cents.

Informally passed over.

A message from the Governor, by Mr. Holloway, his Private
Secretary :

Mr. Speaker :

I am directed by the Governor, to inform your honorable body
that he has signed and approved House bill No. 91, an act to pro-
vide compensation to the owners of animals killed or injured by
the cars, locomotives, or other carriages of any railroad company
in this State, and to enforce the collection of judgments rendered
on account of the same, and to repeal all laws inconsistent there-
with ; also.

House bill No. 149, "An act supplemental to an act entitled an
act for the incorporation of manufacturing and mining companies^
and companies for mechanical, chemical, and building purposes,"
approved INIay 20, 1852, and to repeal the 11th and 14th sections
of said act. t : - , . , ^

By Mr. Wolfe, from the Committee on Enrolled Bills: i

692
Mr. Speaker: :

The Committee on Enrolled bills have carefully compared en-
grossed House bill No. 94, with the engrossed copy thereof, and
find the same, in all respects, correctly enrolled.

That the same was presented to the Governor, for his appjoval,
this the 5th day of March, at a quarter before 10 o'clock, A. M.

Mr, Niblack moved to take up the message from the Senate, in
reference to House bill No. 66, proposing the following amendment
to the title.

Agreed to.

Amendment to title of House bill No. 66 —

Strike out the present title thereto, and in lieu thereof insert the
following : "An act amendatory of and supplemental to an act to
incorporate the Wabash Navigation Company, approved January
13, 1846, and authorizing said company to raise money by assign-
ing the stockholders therein, when necessary to make repairs on
the works thereof, and to invest the earnings of said company, if
any surplus shall occur.

The amendment was concurred in.

Mr. Given offered the following resolution, which was adopted :

Resolved, That the special committee appointed by the House
of Representatives, at the last General Assembly, to investigate
the canal officers, and management of the affairs of the Wabash
and Erie Canal, be requested to report to this House.

Mr. Roberts obtained leave of absence on account of sickness in
his family.

Mr. Packard presented a petition from numerous citizens, in ref-
erence to the temperance law ;

Which was referred to the Committee on Temperance.

Mr. Miller offered the following resolution :

Resolved, That the Principal and Assistant Clerks of this House
be allowed four dollars per day for their services, and that the Com-
mittee on Ways and Means be instructed to provide for the same
in the specific appropriation bill.

693

Mr, Reitz moved to strike out the words "Assistant Clerks."
Mr. Brown moved to lay the amendment on the table.
Agreed to.

Mr. Holcomb moved to amend by striking out " $4 00" and in-
serting " $3 00."

The resolution and amendments were informally laid on the
table.

Mr. Bird offered the following concurrent resolution :

Be it resolved by the House, the Senate concurring; That the At-
torney General be instructed to sue, in the name of the State, for
any money drawn from the State Treasury and appropriated by
the person drawing it to a purpose not contemplated by the act of
appropriation, or that has been paid to any person for the benefit
of the State, for advances of money properly made to the General
Government by the State, and has not been paid in the State
Treasury by such person.

Adopted.

Mr. Howk, from a joint select committee on obtaining Gavin &
Hord's edition of the Statutes, for distribution among public offi-
cers, reported the following resolution, which was adopted :

Resolved, That the Committee of Ways and Means be instructed
to place in the general appropriation bill the following appropria-
tions : ^5,000 for the purchase of 1,000 sets of Gavin & Hord's
edition of the Revised Statutes for the year 1863, and ^5,000 for
the purchase of 1,000 sets of Gavin & Hord's edition of the Re-
vised Statutes for the year 1864, to be purchased and distributed
by the Secretary of State to those public officers entitled to the
Statutes by law, who have not received copies of the Revised
Statutes of 1852 from the State, or from predecessors in office.

Mr. Puett moved a call of the House, which was ordered.

Those who ansivered to their names were —

Messrs. Hall, Lasselle, Puett,

Abbett, Hanna, Lee, Reitz,

Atkison, Harden of W., Lemmon of H., Richardson,

Bird, Hardin of Perry, Lemmon of S., Rippey,

694

Blocher,

Harney,

Mason,

Robinson,

Brogan,

Hetfield,

McCaughey,

Ryan,

Brown,

Holcomb,

Miller,

Shaffer,

Burton,

Hon,

Milroy,

Shoaff of Allen,

Cass,

Howell,

Mutz,

Shoaff of Jay,

Collins,

Howk,

Niblack,

Veach,

Cook,

Humphreys,

O'Brien of M.,

Waterman,

De Brviler,

Kemp of Dubois

i, Osborne,

Wolfe,

Donaldson,

Kemp of Vigo,

Packard,

Woollen, and

Ferris,

Lake,

Priest,

Mr. Speaker-56.

Given,

Those who ivere absent ivithout leave were-

—

Messrs.

Forrester,

Jones,

Noyes,

AbdiU,

Gregg,

Kendrick,

O'Brien of H.,

Anderson,

Gregory,

Kilgore,

Perry,

Baker,

Griffith,

Lamb,

Pettibone,

Beyerle,

Hershey,

Leeds,

Roe,

Branham,

Higgins,

Moorman,

Stone,

Budd,

Hostetter,

Morgan,

Tarkington,

Cason,

Hutchings,

Mustard,

Van Buskirkand

Chambers,

James,

Newman,

Woodruff— 37.

Davis,

Johnson,

Those who were absent iv

ith leave were —

Messrs.

Howard,

Pendleton,

Spencer, and

Garvin,

Marshall,

Roberts,

Williams 7.

The House adjourned until to-morrow at 9 o'clock A. M.

FRIDAY, 9 o'clock, A. M., \
;, . March 6, 1863. j

The House met.

Messages from the Senate, by Mr. Vawter, their Secretary :

695

Mr. Speaker:

I am directed by the President of the Senate to inform the House
that he has signed the following enrolled acts of the House, to-wit:

House bill No. 17. An act to confirm and make valid
sales of lands made by trustees and foreign executors, with engi-oss-
ed amendments thereto, in which the concurrence of the House is
respectfully requested.

House bill No. 107. A bill for the relief of Nineveh Berry

House bill No. 114. A bill requiring Recorder's to certify their
records of deeds, mortgages and other instruments admissible to
record.

Mr. Speaker : ' i . ■ .

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills of the House, to-wit:

House bill No. 48. A bill to prohibit Judges of Common Pleas
Courts of this State from practicing as attorneys in any inferior
courts within their districts respectively.

House bill No. 95. A bill to fix the time for holding the Courts
of Common Pleas in the Counties of Adams, Wells, Huntington
and Allen, and the duration of the terms thereof, and making all
process from the present Common Pleas Courts returnable to such
terms, and declaring when this act shall take effect.

House bill No. 82. An act to amend the first section of an act
to amend an act entitled an act to amend the sixth section of an
act providing for the organizations of County Boards, and prescrib-
ing some of their powers and duties, which first above mentioned
act was approved June 17, 1852 ; that said second mentioned act
was approved February 16, 1859 ; which said last mentioned act
was approved March 9, 1861.

House bill No. 20. An act to amend section forty-six, of an act
to provide for a general system of Common Schools, the officers
thereof, and their respective powers and duties, and matters properly
connected therewith, and for the establishment and regulation of
Township Libraries, and to repeal all laws inconsistent therewith,
approved March 11, 1861.

696

Enrolled act of the House No. 78. An act to enable the owner
of wet lands to drain and re-claim them when the same cannot be
done without affecting the lands of others.

Enrolled act of the House No. 110. An act to amend section
one of an act entitled an act to amend section three of an act enti-
tled an act for the regulation of Weights and measures, approved
June 9, 1852 ; approved February 28, 1855.

Enrolled act of the House No. 147. An act to amend the 655th
section of an act entitled an act to revise, simplify and abridge the
rules, practice, pleadings and forms in civil cases in the courts of
this State, to abolish distinct forms of action at law, and to provide
for the administration of justice in a uniform mode of pleading and
practice, without distinction between law and equity, approved
June 18, 1852.

Enrolled act of the House No. 142. An act to amend the 656th
and 661st section of an act entitled " An act to revise, simplify and
abridge the rules, practice, pleadings and forms in civil cases in the
courts of this State ; to abolish distinct forms of action at law and
to provide for the administration of justice in a uniform mode of
pleading and practice, without distinction between law and equity,"
approved January 18, 1852.

Mr. Speaker:

I am directed to return to the House the following Enrolled acts
thereof, to-wit :

Enrolled act of the House No. 17. An act to confirm and make
valid sales of land made by trustees and foreign executors.

Enrolled act of the House No. 20. An act to amend section
forty-six of an act entitled " An act to provide for a general system
of Common Schools, the officers thereof, and their respective
powers and duties, and matters properly connected therewith, and
for the establishment and regulation of Township Libraries, and to
repeal all laws inconsistent therewith," approved March 11, 1861.

Enrolled act of the House No. 27. An act providing for calling
special sessions of Boards of County Commissioners.

Enrolled act of the House No. 48. An act to prohibit Judges of

697

the Common Pleas Courts of this State from practising as attor-
neys in any of the inferior courts witliin their districts respectively.

Enrolled act of the House No. 66. An act amendatory of, and
supplemental to an act entitled an act to incorporate the Wabash
Navigation Company, approved January 13, 1846, and authorizing
said company to raise money by assessing the stockholders therein,
when necessary to make repairs on the works thereof, and to invest
the earnings of said company, if any surplus shall occur.

Enrolled act of tlie House No. 82. An act to amend the first
section of an act to amend the sixth section of an act providing
for the organization of County Boards, and prescribing some of
their powers and duties, which first above mentioned act was ap-
proved June 17. 1852; that said second mentioned act was ajiprov-
ed February 16, 1859, which latter act last mentioned was approv-
ed March 9, 1861.

Enrolled act of the House No, 95. An act to fix the time of
holding the Courts of Common Pleas in the Counties of Adams,
Wells, Huntington and Allen, and the duration of the terms there-
of, and making all process from the present Common Pleas Courts
returnable to such terms.

Enrolled act of the House No. 107. An act for the relief of
Nineveh Berry.

Enrolled act of the House No. 114. An act requiring Recorder's
to certify to the records of deeds, mortgages, and other instruments
admissible to record.

House enrolled act No. 143. An act to authorize County Audi-
tors to issue fee bills in certain cases therein named;

Which enrolled acts have been signed by the President of the
Senate.

REPORTS FROM STANDIXG COMMITTEES.

By Mr. Howell, from the Committee on Claims :
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Werden & Co., for step-ladder, amounting to five dollars, have had

698

the same under consideration, and recommend that the Committee
on Ways and Means be instructed to make provisions for the pay-
ment of the same in the specific appropriation bill.
The report was concurred in.

By the .same : , ' ' ' ' ,

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Julius Boetticher, for Volksblatt, furnished to the members, for
^168 48, have had the same under consideration, and recommend
that the Committee of Ways and Means be instructed to make an
allowance for the same in the specific appropriation bill.

The report was concurred in.

By Mr. Lemraon, of Harrison, from the same committee:
Mr. Speaker:

The Committee on Claims, to whom was referred the claim of
Wm. Braden, for paper delivered to the Secretary of State, for
8495 80, have had the same under consideration, and recommend
that the Committee on Ways and Means be instructed to make an
allowance for the same in the specific appropriation bill.

The report was concurred in. • ' ■

By Mr. Veach, from the same committee :
Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Richard Henninger, for $149 76, for furnishing 312 copies per week
of the Free Press, during a period of eight weeks at the present
session of the General Assembly, have had the same under consid-
eration, and recommend that the Committee on Ways and Means
be instructed to make provisions for the payment of the same in
the specific appropriation bill.

The report was concurred in. ■

By the same :
Mr. SpeakepwI

The Committee on Claims, to whom was referred the claim of

699

Bowen, Stewart & Co., for stationery, have had the same under
consideration, and direct me to report the claim correct, and request
that the Committee on Ways and Means be instructed to incorpo-
rate in the specific appro]3riation bill an allowance for the sum of
S351 63 for the same.

Tlie report was concurred in.

Mr. Packard moved to take up House bill No. 17, and concur in
the amendnient of the Senate.
Agreed to.

Mr. Holcomb from a select committee, appointed by the last Leg-
islature to investigate canal lands and funds, made a report.

Mr. Puett offered the following resolution :

Resolved^ That the report now submitted, with the accompany-
ing testimony, be referred to a committee of three members of this
House, who shall be authorized to inquire into the true state of the
lands and funds in the Vincennes District ; and also the lands and
funds east and west of Tippecanoe ; and also in relation to matters
involved in the propositions submitted to the examination of the
committee of five, and that said committee have leave to set in the
recess, and to report at the next session.

Adopted.

The Speaker appointed Messrs. Puett, Holcomb and Packard
said committee :

By Mr. Wolfe, Chairman of the Committee on Enrolled Bills:
Mr. Speaker :

The Committee on enrolled bills, have carefully compared en-
grossed House bills Nos. 78, 110, 142, 147 and 57, with the engrossed
copies thereof, and after a few corrections, return the same correctly
enrolled. They were presented to the Governor at 11 o'clock, A.
M., tliis 6th day of March.

A message from the Senate, by Mr. Vawter, their Secretary :

Mr. Speaker :

I am directed by the Senate to inform the House that the Senate
has passsed the following engrossed bill of the House, to-wit :

700

House bill No. 27. An act providing for calling special sessions
of Boards of County Commissioners.

House bill No. 143. A bill to authorize County Auditors to is-
sue fee bills in certain cases therein named :

Mr. Atki:-on demanded a call of the House.

Upon which question,

Messrs. Donaldson and Veach demanded the ayes and noes.

Those ivho voted in the affirmative tvere —

Messrs. Given, Lemmon of H., Reitz,

Abbett, Hanna, Lemmon of S., Richardson,

Atkison, Harden of W., Mason, Ryan,

Bird, Hardin of P., McCaughey, Shaffer,

Blocher, Hetfield, Miller, Shoaff of Allen,

Brown, Holcorab, Mutz, Shoaff of Jay,

Cass, Hon, Niblack, Veach,

Collins, Howard, O'Brien of M., Waterman,

Cook, Kemp of Vigo, Osborn, Williams,

Donaldson, Lake, Packard, Woollen, and

Ferris, Lee, Priest, Mr. Speaker-44.
Garvin,

Those loho voted in the negative ivere —

Messrs. Hall, Kempof Dubois, Puett,

Brogan, Howell, Kilgore, Rippey,

Burton, Howk, Lasselle, Roberts, and

DeBruler, Humphreys, Milroy, Wolfe — 15,

So a call of the House was ordered.

Those tvho ansioered to their names were —

Messrs. Hall, Lake, Puett,

Abbett, Hanna, Lasselle, Reitz,

Atkison, Harden of W., Lee, Richardson,

Bird, Hardin of Perry, Lemmon of H., Rippey,

Blocher, Harney, Lemmon of S., Robinson,

Brogan, Hetfield, Mason, Ryan,

Brown, Holcomb, McCaughey, Shaffer,

701

Burton,

Hon,

Miller,

Shoaff of Allen,

Cass,

Howard,

Milroy,

Shoaft'of Jay,

Collins,

Howell,

Mutz,

Veach,

Cook,

Howk.

Ni black,

Waterman

DeBrule^,

Humphreys,

O'Brien of M.,

Williams,

Donaldson,

Kemp of Duboi

s, Osborne,

Wolfe,

Ferris,

Kemp of Vigo,

Packard,

Woollen, and

Garvin,

Kilgore,

Priest,

Mr. Speaker-60.

Given,

Those

ivlio were absent ivithont leave were-

—

Messrs.

Forrester,

Johnson,

Noyes,

AbdiU,

Gregg,

Jones,

O'Brien of H.,

Anderson,

Gregory,

Kendrick,

Perry,

Baker,

Griffith,

Lamb,

Pettibone,

Beyeile.

Ilershey,

Leeds,

Roe,

Branham,

Higgins,

Moorman.

Stone,

Budd,

Hostetter,

Morgan,

Tarkington,

Cason,

HuTchings,

Mustard,

Van Buskirkand

Chambers,

James,

Newman,

Woodruff— 36.

Davis,

Those who ivere absent with leave ivere —

Messrs. /

Marshall, Pendleton, Roberts, and Spencer — 4.

The House adjourned till to-morrow at 9 o'clock, A. M.

SATURDAY. 9 o'clock, A. M.
March 7, 1863.

The House met.

A message from the Senate, by Mr. Vawter, their Secretary:
Mr. Speaker:

702

I am directed by the Senate to inform the House that the Senate
has passed the following engrossed bills of the Senate, to-\vit:

Senate bill No. 181. An act fixing the times for holding the
courts in the tenth judicial circuit.

House bill No. 139. An act to raise a revenue for State purposes
for the years 1863 and 1864.

Senate bill No. 140. A bill to enforce the 13th article of the
Constitution of this State; in which the concurrence of the House
is respectfully requested.

House bill No. 69. A bill to regulate the duties of the State
Librarian.

(Mr. Donaldson in the chair.)

Mr. Buskirk offered the following resolution :

Resolved, That the Principal Clerk of the House, and his em-
ployees, the Assistant Clerk of the House and his employees, in
addition to the sum already allowed, be allowed each one dollar
per day for their services, and that the Doorkeeper, and Sergeant-
at-Arms, and their employees, be each allowed, in addiion to the
sum already allowed, fifty cents per day.

Adopted.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate, to inform the House that the Sen-
ate has passed the following concurrent resolutions of the Senate,
in which the concurrence of the House is respectfully requested:

Whereas, At all times, and especially in times like the present,
when the nation is involved in the terrible calamity of civil war, it
is proper that the representatives of the people should express their
sentiments in regard to the duty of the people and their public
servants, upon the great questions agitating the country;

And Whereas, Many things are being done by our public serv-
ants, inimical to the perpetuation of the Union, and the liberties of

703

the people, calculated to divide and weaken the people of the loyal
States, and unite and strengthen the rebels ;

And Whereas, We are desirous that all such things shall cease,
and every thing that is detrimental to the Union cause abandoned,
and the people be united as one man, in the great and glorious
work of suppressing the rebellion, restoring the Union, and pre-
serving the constitutional liberty of the people under the old gov-
ernment, as our fathers made it; therefore,

Be it resolved by the Senate {the House concurring,) 1st. That
the Constitution is the sacred ark of our political covenant, the
Shiboleth of our strength and the charter of our liberties, and in
the language of the patriot and statesman, Daniel Webster, we de-
clare that if the people "are not struck with judicial blindness as
were God's^chosen people, they will cling to the Constitution as
the shipwrecked mariner clings to the last plank, when the night
and the tempest close around him."

2d. That the Constitution confers powers upon the dififerent de-
partments of the General Government adequate to all the purposes
of peace or war ; that it is the same in war and in peace ; on the
battle-field and in the Halls of Congress, and ought to be sacredly
observed every where ; and the doctrine advocated by the enemies
of constitutional liberty, that the existence of war invests Congress,
or the President, with despotic power, is as groundless as it is
odious, and is to be utterly condemned by all who have any regard
for their own liberty, or the Constitution of the country.

3d. That the States are component and essential parts of the
Union, bound together inseperably by the Constitution of the
United States ; that none of them can cease to exist as such so
long as that Constitution survives ; that it is the exclusive sphere
and duty of the States to order and direct their own domestic
affairs ; while the rebellion, therefore, has not annulled or destroyed
the constitutional relations of the so-called "Seceded States" to
the Federal Government, neither has it divested those States of
any rights or powers, municipal or otherwise, properly belonging
to them as members of the Federal Union; the actual exercise of
these rights and powers may for a time be interrupted or obstructed
by rebellion, and some illegitimate authority may be substituted in
its place, but as soon as that rebellion is suppressed, those States

704

will be entitled as of right, to resume the exercise of all the rights
and powers, dignities, and immunities, which properly belong to
them as States of this Union, therefore we enter our solemn protest
against the formation of West Virginia out of the State of Vir-
ginia, by Congress, as being in direct violation of section 3, article
4, of the Consritution of the United States.

4th. That the liberty of speech and of the press is guaranteed
to the people by the Constitution, and none but a usurper would
deprive them of their rights: they are inestimable to the citizen
and formidable to tyrants only; and, adopting the language of
Daniel Webster, we declare that as "important as we deem it to
discuss, on all proper occasions, the policy of the measures at pre-
sent pur.>ued, it is still more important to maintain the right of
such discussion to its full extent. Sentiments lately sprung up,
and now growing, render it necessary to be explicit on||his point.
It is the ancient and constitutional right of this people to canvass
public measures and tlie merit of public men. It is a home-bred
right, a fn-eside privilege. It has been enjoyed in every house, cot-
tage and cabin in the nation. It is not to be drawn into contro-
versy. It is as undoubted as the right of breathing the air and
walking on the earth. Belonging to ))rivate life as a right, it be-
longs to public life as a duty. This high constitutional privilege we
will exercise within this House, and without this House, and at all
places — in time of war, in time of peace, and at all times. Living,
we will assert it; dying, we will assert it. And should we leave
no other legacy to our children, by the blessings of God, we will
leave to them the inheritance of free principles, and the example of
a manly, independent and constitutional defense of them."

5th. That the system of arbitrary aiTCsts, and the wanton dis-
regard of the great writ of liberty, commonly called the habeas
corpus, by the cabinet at Washington, are acts of tyranny and
usurpation justly alarming to a free people, against which the
State of Indiana solemnly protests; and in the name of constitu-
tional liberty, we demand that the detestable system shall cease
within her borders, and we declare the unalterable determination of
the people to maintain the privilege of the writ of habeas corpus,
and speedy trial by jury, at every hazard.

6th. That we regard the proclamation of President Lincoln to
abolish slavery in the Southern States as unconstitutional, unwise,

705

and calculated to do the cause of the Union incalculable injury,
by dividing its friends and uniting its enemies, and we therefore
declare that it ought to be immediately withdrawn; that Indiana,
ever ready and willing to do battle for the Union and Constitution,
solemnly protests against the diversion of her blood and treasure
for the enforcement of that or any other emancipation scheme.
We believe such a policy to be destructive of the Union, and a
fraud upon the Government, the citizen, and the soldier.

7th. That the interest of the white race as well as the black,
demands that the condition and locality of the latter in the South-
ern States should not be interfered with by the National Govern-
ment or the people of the North; and a war, or legislation, or
Presidential proclamations, to accomplish the freedom of the ne-
gro, and his consequent emigration to the North, are acts of fla-
grant violation of the Constitution, and wicked disregard of the
people's voice and the best interests of the country; and all such
acts ought to be constitutionally opposed by an outraged people.

8th. That we are uncompromisingly opposed to all schemes the
tendency of which is' calculated to overrun the State of Indiana
with a worthless and degraded negro population ; and we will re-
sist all efforts having in view-such object by every constitutional
means.

9th. That w^e denounce the assertion that slavery is the cause
of our present troubles, as a libel upon the fraraers of our Con-
stitution, and repugnant to the facts of our National history. We
ascribe them to the unholy ambition and wicked machinations of
disloyal and fanatical agitators, North as well as South, who, for
pe;>onal aggr.mdizement, have sought the destruction of the freest
and l:)est Government on earth.

10th. That President Lincoln's scheme of " Compensated
Emancipation," which proposes to tax the people of Indiana, to
liberate the slaves of the South, is unconstitutional, and a mon-
strous iniquity, to which a tax-ridden and over-burdened people will
never consent. The freemen of Indiana will never agree to im-
poverish themselves and their posterity, to carry out such a wicked
and insane policy, but they will oppose its consummation by all
constitutional means within their power.

11th. That the Union of the States is a necessity, and under
H. J.— 45

706

no consideration or circumstance will we ever consent to surrender
it. We must be one people, under one Government and one flag.

12th. That no Union can be maintained in this country, until
fanaticism on the negro question, North and South, is eradicated,
and the sovereignty of the Slates over their domestic institutions is
again acknowledged as the fundamental axiom of the Government.
The people of the North must banish the heresy of abolitionism,
or else yield up the blessings of the Union. Abolitionism and the
Union are incompatible; the one or the other must triumph. A
war for Abolitionism is a war against the Union; a war for the
Union is a war against Abolitionism, which it is the duty of the
people to vigorously prosecute at the ballot box.

13th. Tliat while we condemn and denounce the flagrant and
monstrous usurp itions of the administration, and the encroachment
of Abolitionism, we are yet more hostile to the Southern rebellion;
we regard the doctrine of secession as a ruinous heresy, unwarrant-
ed by the Constitution, and destructive alike of the security and
perpetuity of the Government, and the peace and liberty of the
people; that the rebels, on account of their base treachery to the
conservative people of the North, and their still baser treason to
their Government, are entitled to no sympathy from the people
whom they so basely betrayed.

14th. That we protest against and denounce as most unjust and
oppressive, that system of sectional class legislation, by which,
under what is know as the Morrell Tariff, the manufacturers of
New England are oppressing and impoverishing the farmers of the
North West.

15th. That the people justly view, with alarm, the reckless ex-
travagance which pervades every department of the Federal
Government ; that a return to a rigid economy and accountability
is indispensable to prevent the systematic plunder of the public
treasury by favored partisans, while the recent startling develop-
ments of fraud at the National Metropolis show that an entire
change of administration is imperatively demanded.

16th. That we condemn all secret organizations of a political
character as dangerous to the liberties of the people and the peace
of the community, and we likewise condemn any and all organiza-
tions of an oath-bound and armed character, outside the lawful

707

military companies, whether secret or open, as designed to overawe
the people, and calculated. to lead to civil strife in the land, and no
citizen should attach himself to any such organizations.

17th. That we earnestly recommend to the people everywhere,
to observe and keep all their lawful and constitutional obligations,
not only as a matter of duty and safety to all, but that they may
not be reproached in history as having been guilty of the same
Ci'ime they condemn in others.

18th. That the meritorious conduct of the Indiana troops in
ever}^ battle field where victory has perched upon the National ban-
ner, has filled the people of this State with the highest gratitude to
her gallant sons, and that we send our best wishes to oflicers and
men in the service of their country, and the heartiest greetings of
every citizen for their future brilliant achievements in the coming
contests for the maintenance of the Constitution and the Union.

19th. That the same measure of condemnation of the soldier
who deserts his post, is hereby meted out to all other sworn servants
of the Government who desert their post, be they'judges, jurors or
legislators, and that there is no obligation resting on one class to
discharge their duties according to the requirements of law, and the
obligations of their oaths, which are not equally applicable and
binding on the other.

20th. That the charge made by wicked partisans, that the De-
mocratic party, or any one of its members, desire the formation of
a North- Western Confederacy, the re-construction of the Union
with any of the States left out, or the attachment of the State of
Indiana to the rebel confederacy, is a base and wicked slander.
The Democracy now, as ever, are for the whole Union, with an un-
broken Constitution.

A message from the Senate by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed to return to the House the following Enrolled acts
thereof, to-wit :

Enrolled House bill No. 69. An act regulating the duties of the
State Librarian, and providing penalties for a violation of the pro-
visions of this act.

708

House Enrolled act No. 117. An act authorizing the transfer
and payment of Congressional Township School Funds which ac-
crued from the sale of School Lands within the teiTitory now form-
ing the county of Newton to said county, from the county of Jasper ;
legalize payments heretofore made, and to authorize the auditor of
the county of Newton, to execute conveyance in certain cases. ■_

House Enrolled act No. 139. An act to raise revenue for State
purposes for the years 1863 and 1864. .

House Enrolled act No. 129. An act to provide that the laws
of this State, regulating the salaries of officers shall not be so con-
strued as to permit the public oilicers thereof to receive their salaries
in advance, and to repeal all laws coming in conflict with this act.

House Enrolled act No. 109. An act to amend the first section
of an act entitled an act for the relief of the borrowers of the Sink-
ing Fund, and to repeal the fourth section, and so much as applies
to the Sinking Fund of the whole act, entitled an act to extend to
borrowers of the Sinking Fund, Surplus Revenue Fund, Congres-
sional School Fund, and other funds, time of payment of loans and
prescribing the duties of oflEicers in regard thereto, approved March
3, 1859, and prescribing how mortgages may be substituted, and
containing some provisions respecting the Sinking Fund, and its
control and management, and matters properly connected therewith,
approved March 9, 1861.

House enrolled act No. 75. An act to provide for the inspection
of petroleum oils, for illuminating purposes, marking and branding
the same, prescribing penalty for selling without inspection, or for
falsely branding the cask, package, or barrel containing the same, or
for violating any of the provisions of this act, for the appointment
of Inspectors and deputies, prescribing duties and terms of office,
and imposing penalties for Inspectors or deputies trading in any ar-
ticle they are appointed to inspect.

Which enrolled acts have received the signature of the President
of the State.

Mr. McCaughey ofTered the following resolution, which was
adopted :

Resolved, That the Doorkeeper of the House be directed to con-

709

tract with W. H. Drapier for six hundred copies of the Brevier Leg-
islative Reports, being the usual number furnished for the use of
this House every session since 1857, the same to be sent by express,
an equal number of copies to each member, as soon as possible af-
ter the adjournment of the session. Provided, said reports shall
not cost more than one dollar per copy ; that one copy for each
member be bound, and that said Reports shall not be paid for till
printed.

Mr. Howard offered tlie following resolution :

Resolved, That the Auditor of State be, and is hereby author-"
izcd to issue a warrant to each member of the Prison Committees,
for the sum of twenty dollars for each visit made by such member,
upon the [)resentation of the certificate of the Chairman of said
committee, certified to be correct by the Speaker of the House.

Adopted.

On motion of Mr. Packard,

House bill No. 117 was taken from the table.

The House concurred in the amendments of the Senate.

On motion of Mr. Lewis,

House joint resolution No. 37 was read the the second time, and
informally passed over.

A message from the Senate, by Mr. Vawter, their Secretary:
Mr. Speaker :

I am directed to inform the House that the Senate has passed
the following engrossed House bills thereof, viz :

House bill No. 75. To provide for the inspection of petroleum
oils, for illuminating purposes, marking and branding the same, pro-
viding penalty for selling without inspection, or for falsely branding
the cask, package or barrel containing the same, or for violating any
of the provisions of this act, for the appointment of Inspectors and
deputies, prescribing duties and term of office, and imposing pen-
alties for Inspectors or deputies trading in any article they are ap-
pointed, &c.

710

House bill No. 109. A bill for the relief of borrowers of the
Sinking Fund, and to amend section 1 of an act for the relief of
borrowers of the Sinking Fund.

House bill No. 129. A bill to provide that the laws of the State
regulating the salaries of officers, shall not be so construed as to
permit the public officers thereof to receive their salaries in advance,
to repeal all laws coming in conflict with this act.

House bill No. 145. A bill for the relief of George Arnold.

Mr. Bird offered the following resolution :

Rsolved, That the persons named in this resolntion are hereby
declared, elected, (if the Senate consent,) members of the Custodial
Boards of the Benevolent Institutions of the State, to hold their
otHces for four years, viz : Charles E. Sturgiss of Allen county, to
be a Commissioner of the Hospital for the Insane ; James Elder of
Wayne county, to be a Trustee of the Institution for the Educa-
tion of the Deaf and Dumb ; and Robert Curran of Clarke county,
to be a Trustee of the Institute for the Education of the Blind, and
that the members of this House, in voting for this resolution, do
give their viva voce votes for these persons for the offices named.

Adopted.

The following bill and memorial were reported back by the Com-
mittee on Elections :

House bill No. 120. An act to amend section 11 of an act enti-
tled " an act providing for the election, and prescribing certain du-
ties of County Surveyors," approved June 17, 1S52.

To the Senate and House of Representatives of the State of Indiana :

The undersigned, citizens of Noble county, in said State, re-
spectfully pray that a law may be enacted by which volunteers in
the State of Indiana be allowed the exercise of the franchise.

The following bills were rejwrted back by the Committee of
Ways and Means, wiiich were not acted upon :

House bills Nos. 187 and 233.

The following papers were reported by the Committee on Banks,
and laid on the table :

711

Senate bill No. 82.
House bill No. 224.
Senate bill No. 52,
Senate bill No. 102.

The following papers were reported back from the Committee on
Education, and ordered to be laid upon the table : ,

Senate bill No. 40.
House bill No. 201.
House bill No. 190.
House bill No. 210.

Report from Superintend' nt of Public Instruction, in regard to
the date of the appointment, and the date of the expiration of
their respective terms of service, as the Trustees of the Indiana
State University.

The Committee on the State Prison South, made a report;
Which was ordered to be laid on the table, for the action of the
next session of the Legislature.

The following bills were reported back by the Committee on
Fees and Salaries, and ordered to be laid on the table :

Senate bill No. 59.
House bills Nos. 162, 105.
Senate bill No. 51.
House bill No. 241.

Mr. Packard, chairman of the Committee on the State Prison
North, made the following report :

Mr. Speaker :

The Committee on the affairs of the State Prison North, would
respectfully report that they have carefully considered the proposi-
tion of Jacob Vandegriff to lease the said prison, and they here-
with return the same, and would recommend that this General
Assembly accept the proposition.

The report was concurred in.

The Committee on the Rights and Privileges of the Inhabitants
of this State reported back House bill No. 219, and ordered the
same to be laid on the table.

712

The Committee on Agriculture reported back the following bills
and resolutions :

House bill No. 198. An act to prevent persons from owning,
keeping, or harboring any dog or bitch, for which no license has
been taken out, and prescribing the punishment therefor.

House bill No. 247. A bill for the relief of Ann Wizard.

House bill No. 248. An act providing for the exercise of the
elective franchise by legal voters of the State of Indiana, who may
be temporarily absent therefrom, on military service, and making
necessary regulations therefor.

House bill No. 93. An act to accept the provisions of an act of
Congress entitled an act donating public lands to the several States
and Territories which may provide colleges for the benefit of agri-
cultural and the mechanic arts, approved July 2, 1852, to assent to
the conditions contained in said act, and to appoint a commissioner
on the part of the State to receive the land scrip, under the grant,
and to provide for the sale of such land scrip, &c.

Resolved, That the Committee on the Judiciary be instructed to
inquire into the expediency of further postponing the collection of
mortgages to the Sinking Fund, the payment of interest excepted,
and if, in the judgment of said committee, the same is expedient,
that they report by bill or otherwise.

A memorial from John L. Campbell.

The Committee on Roads reported back the following bills, which
were laid on the table :

House bill No. 113.

House bill No. 100.

House bill No. 157.

House bill No. 166.

House bill No. 96. '

Senate bill No. 18. '

The following bills were reported back by the Committee on
Corporations :

House biU No. 125.

713

House bill No. 153.
House bill No. 212.
House bill No. 163.
House bill No. 244.
House bill No. 207.
Senate bill No. 76.

The following bills were reported back by the Committee on

Temperance, and ordered to be laid on the table :
House bill No. 153.
House bill No. 156.
House bill No. 238.
House bill No. 85.
House bill No. 14.

The following bills, resolutions, &c., were reported back from the
Committee on Federal Relations, and ordered to be laid on the table :

Joint Resolution No. 29.

Joint Resolution No. 26.

Griffith's amendment to Roberts's joint resolution.

Joint resolution No. 4.

Joint resolution No 1.

Joint resolution No. 10.

Petitions and resolutions from citizens of Washington county,
in reference to the present war.

Petitions of citizens from Washington township, Rush county,
in favor of an armistice, settlement of existing difficulties, and
Union.

Petition from citizens of Cass township, Sullivan county, in ref-
erence to the present war.

Mr. Holcomb made the following report :

Mr. Speaker:

The select committee, to whom was referred the joint resolution
of the Senate, thanking Governor Morton for his kind attention to
the soldiers in the field, was prevented from considering and report-
ing on the same by the absence of the Republican members of said
committee.

Mr. Brown, from the Select Committee to which was referred

, 714

House bill No. 248, reported the same back to the House without
any action of the committee thereon, in order that the same might
be laid on the table.

Mr. Brown, from a select committee, made the following report:

Mr. Speaker :

The con.imittee to whom was referred the claim of James Griffin,
recommend that he be allowed the sum of 81 50 per day for 56
days' liibor, and that the same be incorporated in the specific ap-
propriation bill.

jNIr, Hall, chairman of the select committee of five, to whom was
referred Senate bill No. 58, reported the same back, which was
ordered to be la-id on the table.

Mr. Harney offered the following resolution :

Resolved, That the State Printer be requested, so soon as the
public documents ordered by this House are printed, that he send
them by express, in eqvial proportions, to the address of the several
members of this House.

Adopted.

Mr. Howell, from the Committee on Claims, made the following
report :

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
H. H. Dodd & Co., for four Registers, at 810 each, have had the
same under consideration, and recommend that the Committee on
Ways and Means be directed to insert in the specific appropriation
bill an allowance for the same.

The report was concurred in. • • t

A message from the Governor, by Mr. Holloway, his Private
Secretary : ■

Mr. Speaker :

I am directed by the Governor, to inform your honorable body
that he has signed and approved House bill No. 17, An act to con-
firm and malve valid sales of lands made by trustees and foreign
executors.

715

Also, House bill \o. 29. An act to amend section 46 of an act
entitled "an act to provide for a general system of common
schools, the officers thereof, and their respective powers and duties,
and matters propeily connected therewith, and for the establish-
ment and regulation of township libraries, and to repeal all laws
inconsistent llipiewiih," ap|iroved March 11, 1861.

Also, House bill No. 27. An v.cA tor calling special sessions of
boards of couniy commissioners.

Also, House bill No. 48. An act to prohibit judges of the com-
mon pleas courts of this State from, practicing as attorneys in any
of the inferior courts within their districts respectively.

Also, House bill No. 57. An act to provide that the value of
United States Government stamp duties, required and used on
original process, certificates, bonds, appraisements, deeds of convey-
ance by sherifls, and on other instruments, shall in all actions be
taxed and collected as other costs in said actions.

Also, House bill No. 66. An act amendatory of and supple-
mental to an act entitled an act to incorporate the Wabash Navi-
gation Company, approved January 13, 1846, and authorizing said
company to raise money by assessing the stockholders therein
when necessary to make repairs on the works thereof, and to invest
the earnings of said company if any surplus shall occur.

Also, House bill No. 82. An act to amend the first section of
an act to amend an act entitled an act to amend the 6th section of
an act providing for the organization of county boards, prescribing
some of their powers and duties, which first above mentioned act
was approved June 17, 1852, that said second mentioned act was
approved February 16, 1859, which latter act last above mentioned,
was approved March 9, 1S61.

Also, House bill No. 78. An act to enable the owners of wet
lands to drain and reclaim them when the same can not bv done
without aflecting the lands of others.

Also, House bill No. 95. An act to fix the times of holding the
courts of common pleas in the coimties of Adams, Wells, Hunt-
ington and Allen, and the duration of the terms thereof, and mak-
ing all process from the present common pleas court returnable to
such terms.

716 .

Also, House bill No. 107. An act . for the relief of Nineveh
Berry.

Also, House bill No. 110. An act to amend section one of an
act entitled an act to amend section three of an act entitled an act
for the regulation of weights and measures, approved June 9, 1852,
approved February 28, 1855.

Also, House bill No. 114. An act requiring recorders to certify
to the record of deeds, mortgages, and other instruments admissible
to record.

Also, House bill No. 142. An act to amend the 656th and 661st
sections of an act entitled an act to revise, simplify, and abridge
the rules, practice, pleadings and forms in civil cases, in the courts
of tliis State, to abolish distinct forms of action at lavr, and to pro-
vide for the administration of justice in a uniform mode of plead-
ing and practice, without distinction between law and equity, ap-
proved June 18, 1852.

Also, House bill No. 143. An act to authorize county auditors
to issue fee bills in certain cases therein named.

Also, House bill No. 147. An act to amend the 655th section
of an act entitled an act to revise, simplify, and abridge the rules,
practice, pleadings, and forms of action at law, and to provide for
the administration of justice in a uniform mode of pleading and
practice, without distinction between law and equity, approved
June 18, 1852.

Also House bill No. 94. An act to enable railroad companies
incorporated by other States, with their termini at the boundary
line of this State, to acquire the right of way and make connec-
tions in this State, and also to acquire the necessary grounds for
depots and other buildings, and for machine shops, stock yards,
tracks, crossings, and sidings within this State, and have copies of
the same to be filed in the office of the Secretary of State.

Mr. Wolfe, from the Committee on Claims, made the following
report :

Mr. Speaker:

The Committee on Claims, to whom was referred the claim of

717

Frank Costigan for drawing diagram of the House, for twenty
dollars, have had the same under consideration, and recommend
that the Committee on Ways and Means be directed to insert an
allowance for the same in the specific appropriation bill.
The report was concurred in.

By the same, from the same committee, the following report,
which was concurred in :

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
B. R. Sulgrove, as State Printer, for one hundred bundles of print-
ing paper, " each ream weighing fifty pounds or thereabouts,'' at
ten cents per pound, have had thi^ same under consideration, and
recomniend that the Committee on Ways and Means be instructed
to insert in the specific ap|)ropriaiion bill an allowance for the
same.

Ordered, by the House that the following majority reports of the
Committee on Federal Relations be entered upon the journal of
the House :

Mr. Speaker : t^^'^'".... -'^''^' I .^^^? ^^

The Committee on Federal Relations, to which was referred
resolutions of the House, Nos. 7, 13, 16 and 20, all in relation to
our present' national difficulties, have had the same under consid-
eration, and direct me to make the following report:

The first resolution asserts that the President is the rightful au-
thority to suspend the writ of habeas corpus, and that he alone is
to be the judge of the necessity for such suspension.

The second declares that though we may difler about the best
means of conducting the war, yet when a "plan has been adopted
by the Government for the restoration of the Union, we will try
and make such plan efTective to the speedy restoration of peace."

The third justifies the military arrests heretofore made, as "be-
ing in harmony with military usage,'' and thinks that they ought
to be continued.

The fourth and last of these resohttions holds it to be "the duty
of every citizen of the United States to support the constituted
authorities," and that this General Assembly, and the people repre-
sented by it, will " cheerfully submit to any act of the General and

718

State Governments, the object of which is the maintenance of the
integrity of the Union and the supremacy of the law."

These four resolutions were introduced, we tru^t, from patriotic
motives. They come from members of fhe minority on this floor,
and embody some doctrines which have been repudiated by the
people of Indiana, and will be again whenever judgment shall be
passed upon them.

The first asserts the right of the President to suspend the writ
of habeas corpus, and that "it falls directly, strictly, and constitu-
tionally within the scope of his powers." To this the majority of
the committee interpose a plain and emphatic negative. The
highest judicial authority, the Chief Justice of the United States
Supreme Court, has decided that no such power is vested in the
President, and we refer the members of this House to the case of
Merryman, of Maryland, decided in 1861. That was a high judi-
cial decision, and it stands not alone. Till it is reversed, no loyal
man — none but traitors to the Constitution and the laws — will dis-
regard it. But what says history — the history of our legislation
on this subject? In Greely's Life of Henry Clay, we have a fur-
ther argument against the right of the President to suspend this
great wait of freedom. ]Mr. Greely says:

" During this session of Congress (1807), an attempt was made
to suspend the habeas corpus act, for the purpose of enabling the
President (Mr. Jefferson) to arrest, wdthout going through the forms
and delays of the law, Colonel Burr, of whose evil intentions there
was now sufficient proof. Mr. Clay did not speak on the motion,
but his vote was recorded against it — not through any tenderness
for Burr, but because of the danger of instituting such a precedent
against the liberty of the citizen." The bill was defeated, 113
against 19 !

This was the only time, for sixty years, that Congress w'as called
upon to suspend this writ, and so repugnant was the scheme that
it got but nineteen votes. So, in 1807, while many of the framers
of the Constitution still lived, every member of that Congress con-
sidered that Congress, and not the President, possessed this povvcr
alone. Has the Constitution been changed? Not unless by the
will of the President, and by the consent of those who desire to
make him the sole judge of the "rights" of the citizen. The ma-
jority of the committee can lend themselves to no such slavish
doctrine, and on behalf of the people of Indiana, and out of res-

719

pect to the Constitution which tliey have sworn to support, they
deny all such power to the President.

In further correction of this error, we appeal to the recorded
opinions of Mr. Seward, the present Secretary of State, who should
be good authority with the minority of this House. We shall pro-
ceed to show what he thought in August, 1856 — not very long ami.
In urging objections to some of the statutes of the Territory of
Kansas, in the Senate of the United States, in which the writ of
habeas corpus was denied to negroes who were fugitives from their
masters, Mr. Seward exclaimed:

" Behold, Senators, another of these statutes ! In the chapter
which treats of the writ of habeas corpus, we have this limitation :
' No negro or mulatto held as a slave within this Territory, or law-
fully arrested as a fugitive from service from another State or Ter-
ritory, shall be discharged, nor shall his right of freedom be had
under the provisions of this act.'

"This (continues Mr. Seward,) is an edict which suspends the
writ of habeas corpus. It relates, indeed, to a degraded class of
society, but still the writ which is taken away from that class is
the writ of habeas corpus, and those who are to be deprived of it
by the edict, may be freemen. The State that begins with deny-
ing the habeas corpus to the humblest and most obscure of free-
men, will not be long. in reaching a more indiscriminate proscrip-
tion."

We trust and believe that this will answer the assertion — for it
is nothing more — that the President has the "right" to suspend the
Constitution, and wirh it, the personal rights of men who are free-
men. If it was wrong in the Kansas laws to suspend it in the case
of slave negroes, can the minority here hold up their heads and deny
it to white men? We decline to cite further authority to disprove
what rests upon no sound doctrine, and has warrant only in the
convenient consciences of those dressed in a very brief authority,
to expire in two years.

2. The second resolution is, that the Administration, ha\ing laid
down "a plan" for conducting the war, that this General Assembly
"will try and make that plan enective" — in other words, that In-
diana shall be pledged to support it. This is asking a great deal
from a State which has already declared that sovie of the Presi-
dent/s " plans " meets its decided opposition. The resolution is
very silent as to the nature of the "plans" to which the mover of
the resolution means to pledge this House. Is it to tax the white

720

race of the free States to pay, in hard- coin, for the emancipated
negroes of the South? Does tliat "plan" embrace his ideas of
patriotism and loyalty? Does it mean the taxation of freemen —
taxes on their sinews, on their bones, on their brows, and on the
labor of his constituents and ours, for a purpose so ignoble ? That
was one of the "plans" of this Administration. If he means that,'
the majority reject it. Does his "plan" propose the confiscation of
the property of loyal men of the South, who have never raised an
arm or a voice against the Union, but have been trampled in the
dust because President Lincoln would not or could not protect
them ? If that is meant, we declare the " plan " unjust and cruel,
and unworthy of a great and magnanimous nation. Does the
" plan " embrace the last grand " war power" of the President — The
])roclaniation of freedom to three millions of negroes, and their
consequent introduction and domicil into the free communities of
the North and West? Does it mean that the President has aban-
doned his pledges and opinions, that he had no right and no disposi-
tion to interfere ivith slavery in the States of this Union? If that
be the "plan" of putting down the rebellion, then this Committee
declares that it has no faith and no respect for it, and that the peo-
ple of Indiana have already repudiated it. Does Ihe "plan" mean
the overthrow of armed rebellion by arms, and then the restoration
of the Union, with all the rights and institutions of the States unim-
paired— with the Constitution and its guarantees thrown around
every part of the country — with the pledges of the Crittenden
Congressional resolution observed ? If it means that, then the Com-
mittee on Federal Relations would recommend this House to adopt
the " plan," and that Indiana should sustain it, for the sole object
of a " speedy restoration of peace," by putting down the rebellion.
The third resolution justifies the military arrests heretofore made,
as " being in harmony with military usage," and hints that they
ought to be continued. This resolution has in it the ring of the
true despot, and would be more befitting the court of the Russian
Czar than the Hall of an American House of Representatives. It
is entin'ly out of place here, and shows how completely the power
of party has supplanted the love of liberty and constitutional gov-
ernment. The sentiments of this resolution are at war with the
very nature of our institutions, and can find defense only in the
unbridled fanaticism of those who fear public discussion, "because
their deeds are evil." It would be a trifling with precious time to
argue with the authors of such unreasoning assumptions as this,

721

and the committee hand them over to the merciful judgment of
the people of Indiana. Before doing so, however, tlie patriotic
resolution of the Republican State Convention of Indiana, which
assembled at Indianapolis in 1860, should have a prominent place
in this brief report. That Convention adopted the following reso-
lution, written, it is said, by Oliver P. Morton, the present Governor
of Indiana. It is as follows:

3. '^Resolved, That we are opposed to any interference with
slavery where it exits under the sanction of State law ; that the
soil of every State should be protected from lawless invasion from
every quarter ; and that the citizens of every State should be pro-
tected from illegal arrests and searches, as ivell as from mob vi-
olences^

The committee cheerfully endorse and adopt the above resolu-
tion, and trust that the minority in this House will have no diffi-
culty in conforming their political action, in and out of this chamber,
to the patriotic sentiments of the Republican party in 1860. It
would be a lamentable fall from political grace, if two years of
unbridled power had transformed them from tolerant patriots to
intolerant despots. Until the reverse shall appear by the actual
vote of the minority, we shall hope that the resolution of 1860 had
some meaning, and that time has not obliterated their love of jus-
tice and the Constitution.

The fourth resolution is next of kin to the second, and requires
ijut little rem_ark. We cheerfull)'" concur in the sentiment that it is
•'the duty of every citizen of the United States to support the con-
stiluteci authorities," and that in all their lawful acts they challenge
That support. This is granted, and will he, by all true men ; but
when the resolution pledges this House and the people of this
State, to "cheerfully submit to any act of the General and State
Governments," it goes quite beyond the claims of true loyalty.
That sentiment is by far too slavish and unorthodox to suit the ears
of a people who have once revolted against injustice and arbitrary
authority. The sentiment of this last resolution was very popular
with the government of King George the Third, and if our revolu-
tionary fathers had "cheerfully submitted to any act" of that king,
his ministers and parliament, there would have been no armies sent
over to subjugate the Provinces; Bunker Hill, Saratoga, and York-
town, would remain untitled fields of glory, and Washington,
H. J.— 46

722

Jefferson and Adams, might have gone to their graves, without
the love and benedictions of a grateful joeople. In short, our free
institutions would not have been established, and Ameiiea, instead
of being "the land of the free and home of the brave," would have
been to-day appendages to the British crown, and its people the
subjects of kingly rule and dominion. This nation can never give
up its rights to any administration, and when it abandons its inhe-
rent privilege of free discussion, and consents to approve of "any
act" which may be presented to it by its own servants without
investigation, it will be unworthy of those rights which it now
enjoys, and must soon sink into the debased condition of those who
live under the monarchies of the old world. We trust that no
member of this House is prepared for such an endorsement as that
would be, however he may be attached to those in the civil admin-
istration of the Government.

The Committee on Federal Relations, in returning these four
resolutions to the House, with a recommendation that they be laid
upon the table, beg leave to say, that the members who offered
them were, no doubt, actuated by patriotic motives, but these papers
do not fully meet the judgment of the committee, nor, they think,
®f this House, and that a proper expression of its sentiments, at this
time, is called for by every consideration of duty to the country.
For this reason llie committee append two resolutions to this
report, and recommend that they be adopted by the House, with
this communication, if that should be its pleasure:

1. Resolved^ That Indiana will stand by and defend the Federal
Union, under the sacred guarantees of the Constitution, giving to
the General Government all rightful and proper aid in putting-
down the rebellion now in arms against it — that she will withhold
nothing at her disposal for a cause so sacred; and that the pledges
of Congress, defining the objects of this war, meets her hearty
approval, viz: "that this war is not waged, on our part, in any
spirit of oppression, nor for any piu-pose of conquest or subjugation,
nor for the purpose of overthrowing or interfering with the rights
or established institutions of those States, but to defend and main-
tain the supremacy of the Constitution, and to preserve the Union,
with all the dignity, equality, and rights of the several States
unimpaired, and that as soon as these objects are accomplished the
war ought to cease." On this ground Indiana stands, and she
rejects, as unworthy, all schemes and purposes less noble than a

723

restoration of the Union, as recognized by the Constitution of the

United States.

2. Resolved, " That we are opposed to any interference with
slavery where it exists under the sanction of State law ; that the
soil of every State should be protected from lawless invasion from
every quarter ; and that the citizens of every State should be pro-
tected from illegal arrests and searches, as well as from mob vio-
lence.^^ This committee most cordially indorse these sentiments of
the Indiana Republican Convention of 1860 and recommend them
to the adoption of all patriotic citizens.

Mr. Speaker:

The Committee on Federal Relations, to which was referred
joint resolution No. 2, would respectfully report that they have had
the same under consideration, and herewith report the same back,
and recommend its passage.

A Joint Resolution in relation to Compensation for Emancipated

Slaves.

Whereas, The President of the United States, at the Second
Session of the Thii'ty-Seventh Congress, submitted a project of
a law or pledge for compensation to any State or States which
may emancipate the slaves existing in, or being inhabitants of,
such States: And ivhereas, such law, so passed, provides for the cre-
ation of a large and oppressive |)ublic debt, by the issuing of the
bonds of the United States, with interest running thereon till
redeemed, in payment of said slaves so manumitted and set free:
And whereas, the said Congress, at its Second Session, did enact
the same into the form of a law, with the approval of the Presi-
dent: And tvhereas, this was done in derogation of all notice to the
people of the several States that the same was intended and con-
templated, and against the solemn pledges of the President and
Congi-ess, that neither had the "lawful right or power," to interfere
with slavery in any of the States of the American Union ; there-
fore,

Resolved, by the General Assembly of the State of Indiana, That
the said action of the President and Congress of the United States

724

had no warrant in the Constitution — that it was an assumption of
authority not delegated by the people or the States to the Executive
or Legislativs branches of the General Government — in bold and
wicked defiance of the rights of the people and the pledges made
to the nation, and manifestly oppressive to the citizens of the sev-
eral States having no connection or interest in the existence of
African slavery.

Resolved, That this General Assembly, on behalf of the people
represented herein, do most solemnly protest against the enactment
of that law or project of Congress ; and that we deem it an act of
common honesty to declare, that the people of Indiana, already
burthened by excessive taxation for the legitimate expenses of the
existing war, will oppose, by all lawful and constitutional means,
every attempt to subject their property and industry to new and
unconstitutional exactions, and for purposes so irreconcilable with
the requirements of tlie national Constitution, and at war with the
sacred rights of the citizens of the various States.

Resolved, That the border slave, and other States, which may
inaugurate a system of negro emancipation, under the recent
pledge of Congress, be respectfully informed that the people of Indi-
ana deny to the President, or the National Legislature, any rightful
authority to tax the people of the United States for the payment
of negro slaves, and this State will never recognize the validity of
any bonds, or other evidence of indebtedness, for a purpose so con-
trary to the powers of the General Government — that the national
honor is in no way pledged for their redemption, the law of Con-
gress having been passed without notice to the people of the seve-
ral States, and in utter and absolute defiance of their will. These
bonds will never be paid, and this General Assembly gives notice to
the tyrants who aim to saddle upon posterity such a debt, and to
their dupes who may consent to receive them, that the people of
Indiana will have neither part nor lot in upholding a scheme so
nefarious as the taxation of the industrious white man for the
enfranchisement of the negro slaves of the South. The motto of
Indiana is, " millions to restore the Union as it was — not a dollar
to emancipate the negro."

Resolved, That our Senators in Congress be instructed, and our
Representatives requested, to vote for the prompt repeal of said
law, or pledge, at the present session.

725

Resolved, That His Excellency, the Governor, be requested to
transmit, without delay, certified copies of this joint resolution to
each of our Senators and Representatives in Congress.

Mr. Speaker:

The Committee on Federal Relations, to which have been re-
ferred various resolutions on the subject of the "President's Procla-
mation of freedom to slaves," would respectfully report that they
have duly considered the same, and herewith report the following
joint resolution, embodying, in the opinion of the majority of the
committee, very nearly the sentiments embraced in the various
resolutions referred to them, and they would respectfully recom-
mend the passage thereof.

A Joint Resolution in regard to the Proclamatix)n of the President ^
of the United States, assuming to emancipate the slaves of certain
States.

Whereas, The President of the United States, in the exercise
of an assumed military power, has issued a proclamation declaring
the slaves of all the States and parts of States in rebellion against
the United States, free, from and after the first day of January,
1863;

And Whereas, Contrary to fact and principle, he has declared
that the only way to restore the Union is by giving freedom to such
slaves, thus contravening and rejecting his own declaration in his
inaugural message, that he had "neither the right nor the disposi-
tion, directly or indirectly, to interfere with the institution of slavery
in the States where it exists;"

And Whereas, All our national statesmen, from President
Washington down to President Lincoln, have held such interference
as mischievous, unpatriotic, and unconstitutional, and have so
acted as to discountenance a policy which would degrade the white
inhabitants of the various States by emancipating an ignorant race,
and investing them with the rights of citizenship ;

AxD Whereas, We regard this proclamation of emancipation
as one of a series of measures forced upon the nation by the Abo-
lition faction of New England, and in which the freemen of Indi-
ana and the great Northwest can have no sympathy, and will
extend no approval; therefore.

726

Resolved^ by the General Assembly of the State of Indiana, That,
we do, in the name and by the authority of the people of this State,
most respectfully and earnestly protest against the unwise and un-
constitutional policy of the President's Proclamation of negro
emancipation, and deny that he had the slightest legal right to do
more than enforce the authority of the United States' Conslitution
in the rebellious States of the Union ; and further, that the people
of Indiana, when they sent one hundred and two thousand troops
into the field, had reason to expect that the President would use
them in overthrowing the rebellion by force of arms, and not for
the purpose of destroying the institutions of the States, and thus
subverting the Union, which it is the anxious desire of all good
men to re-establish as it was.

Resolved, further., That this General Assembly adopts the opin-
ion of John Quincy Adams, and declares "that the en:iancipation
of the enemy's slaves is not among the acts of legitimate war. As
relates to the owners, it is a destruction of private property,
nowhere warranted by the usages of war." And we furihcr and
most cordially adopt the language of William H. Seward, now
Secretary of State, in his letter to Mr. Dayton, our ambassador to
France, under date of April 22, 1861, in which he directs him to
declare to the Government of Napoleon as follows : " It is hardly
necessary to add to this incontestible statement the further fact,
that the new President (Lincoln,) as well as the citizens through
whose suflrages he has come into the Administration, has always
repudiated all designs whatever and whenever imputed to him and
them, of disturbing the system of slavery as it is existing under the
Constitution and laws. The case, however, would not be fully
presented if I were to omit to say, that any such effort, on his part,
would be unconstitutional, and all his actions in that direction ^^•ould
be prevented by the judicial authority, even thoug-h they were assent-
ed to by Congress and the people.'''' This General Assembly feels
gratified in declaring that the. voice of the people of Indiana is
now in unison with the able Secretaries of the State Department
under Presidents Monroe and Lincoln, on that subject, and they
regard the proclamation of emancipation as contrary to the laws
and usages of war, as it is in derogation of the Constitution of the
United States, and ought to be promptly, and without delay, re-
scinded.

727

Reesolved, That the Secretary of State be requested to transmit
a eertilied copy of this preamble and resolutions to our Senators
and Representatives in Congress, and to the Governors of the
States not in rebellion against the Government of the United
States, with a request that the same be laid before the Legirfkitures
thereof.

Mr. Speaker :

The Committee on Federal Relations, to which was r; ferred
various resolutions of the House relative to the payment of the
troops now in the service of the United States, would respectfully
report that they have duly considered the same, and herewith report
the following joint resolution, which, in the opinion of the majority
of the Committee, embraces the whole subject referred to in said
resolutions, and they would respectfully recommend the passage
thereof.

A Joint resolution in regard to the payment of troops note in the field,
iirg-ing- Congress to pass laics for the prompt liquidation of all ar-
rearages now or hereafter to become due, and iirgingthe payment
of pensions to disabled soldiers, their ividotas or orphans, in the
legal and Constitutional coin of Vie United States.

Whereas, Honor and justice alike require that those who bear
the hardsliips of war and the dangers of the battle field, should have
the fiist and most anxious care of the Government;

And Whereas, Indiana has sent into the service of the Govern-
ment her full quota of one hundred and two thousand seven hun-
dred men, and been honorably represented in every victorious en-
gagement with the enemy;

And Whereas, Numerous and frequent complaints have been
heard from those soldiers, that the Government fails to pay them
the small compensation which they have so hardly and so honor-
ably earned in the public service, and by which neglect many of
their families at home have sutTered for the comforts of life ;

And W^hereas, It is represented that many of the officers of high
grade in the service have been promptly paid, thus securing their
lar^e salaries, to be spent on freciuent fudoughs to their homes, or
at the hotels in the large cities nearest their command, thus creating
a distinction unjust in itself and hurtful to the moral power of the
armv;

728

And Whereas, In times like the present, when the Government
is compelled to issue millions upon millions of paper money, having
no metallic basis upon which to rest for its redemption, it behooves
every true friend of the patriot-soldier to protect him in the future
against any possible depreciation of these treasury notes in the
hands of the wounded or diseased volunteers, or his helpless wife
and children ; therefore,

Resolved by the General Assembly of the State of Indiana, That
the people of this State respectfully but earnestly entreat the Gen-
eral Government, and all its appropriate departments, to make
prompt and speedy payment of all arrearages, now or hearafter to
become due to the soldiers in the field from this and other States,
and that all preference in payment of officers over privates should
immediately cease.

Resolved, further, That it is the opinion of this General Assem-
bly, and of the people represented therein, that ample provision
should be made by Congress for liberal and satisfacto/y pensions to
the disabled soldier, and to the widows and orplians of those who
have fallen or died in the service, and that while Congress provides
for the payment of interest on loans in gold coin, or its equivalent,
it is equally just that the pensions due to those who have sacrificed
health, and life itself, and their widows and orphans, should receive
a like protection at the hands of the Government.

Resolved, further, That our Senators in Congress be instructed,
and our Representatives requested, to use their votes and other
rightful influences in securing the objects set forth in this joint re-
solution.

Resolved, That the Secretary of State be requested to transmit
certified copies of this preamble and joint resolution to each of our
Senators and Representatives in Congress.

M. A. O. PACKARD, Chairman.
<. ■' . WM. E. NIBLACK,

N. S. GIVEN,
G. S. HOWELL,

Committee.

729

The following papers were reported back from the Committee
on tlie Judiciary, and laid upon the table:

House bill No. 8.
House bill No. 10.
House bill No. 32.
House bill No. 77.
House bill No. SO.
House bill No. 89.
House bill No. 121.
House bill No. 124.
House bill No. 141.
House bill No. 174.
House bill No. 192.
House bill No. '^02.
House bill No. 228.
House bill No. 249.
Senate bill No. 85.

PKTITIOXS.

A remonstrance against changing the collection laws, by sun-
dry citizens of Allen county.

By citizens of Davies county, who are aggrieved by the conduct
of the manager of the Ohio and Mississippi railroad.

Petition of citizens of Hamilton county, for change in collection
laws of the State.

The claim of Messrs. Morrison & Ray.

Petition of citizens of Vigo county, remonstrating in regard to
the abolishment of the Common Pleas Courts.

Petition from the citizens of Wabash county, to amend the ex-
isting laws as to enforce the collection of debts.

Leave of absence was granted to Messrs. Atkison, Woollen and
Miller.

Mr. Hanna moved a call of the House,
Which was not agreed to.

730 '

The Committee of Ways and Means, by Mr, Niblack, their
chairman, reported

House bill No. 258. An act making special appropriations for
The year 1S63;

Which was read I lie first time. .. -..

The Sjieaker announced the following as the sub-committee on
arbitrary arrests, with power to sit during the recess of the Legis-
lature, and re!)ort 1o the next session, as ordered by a previous
resolution of tliis House, viz.:

Messrs. Brown, Hanna and Gregory.

Mr. Niblack offered the following resolution, which was adopted:

Resolved, That A. T. Whittlesey, Principal, ;!nd Joseph J. Da-
vis, Assistant Clerk of the House, be allowed the sum of seventy-
live dollars each, for preparing the index and superintending the
printing of the House Journal of the present session, and that the
Principal Cleric be allowed in addition twenty-five dollars for pre-
paring an index of the bills introduced during the present session.

The Committee of Ways and Means, by Mr. Niblack, their
chairman, reported

House bill No. 259. An act making general appropriations for
the years 1863 and 18t54 ;

Which was read the first time.

Mr. Niblack moved that the constitutional provision be sus-
pended, and that the bill be read the second liuic now.

Upon which question,

Those who voted in the affirmative ivere —

Messrs. Haima, Lnsselle, Puett, ♦

Abbett, Harden of W., Lee, Richardson,

Bird, Hardin of Perry, Lemmon of PL, PJ|)pey,

Blocher, Hetfield, Lemmon of S., Eobinson,

Brogan, Holcomb, Mason, Kyan,

Brown, Hon, McCaughey, yhailer.

Burton, Howard, Milroy, ■ Shoalf of Allen,

Collins, Plowell, Mutz, ShoaffofJay,

731

Cook, Howk, Ni black, Veaoh,

DeBmler, Humplircy^, O'Brien of M., Waterm;tn,

Donaldson, Kemp of Dubois, 0.-;born, Williams,

Ferris, Kemp of Vigo, Packard, Wolfe, and

Given, Kilgore, Priest, Mr. Speaker-0-3.

Hull, ■ Lake,

None voting in the negative.

No qu(-)ruiii voting,

Mr. Pnett moved a call of the House,
Which was ordered.

Those ivho ansivered to their names ivere —

Messrs.

Abbett,

Bird,

Blocher,

Brogan,

Brown,

Burton,

Collins,

Cook,

De Brnler,

Donaldson,

Ferris,

Garvin,

Given,

Hall,

Hanna, Lasscile,

HardiMi of W., Lee,

Hardin of Perry, Lemmon of H.,

Harney,

Hettield,

Holcomb,

Hon,

Howard,

Howell,

Howk,

Humphries,

Leinnion of S.,

Mason,

McCanghey,

Miller,

Milroy,

Mutz,

Niblack,

O'Brien of M..

Kemp of Dubois, Osborne,
Keni]) of Vigo, Packard,
Kilgore, Priest,

Lake, Puett,

Reifz,

Richardson,

Rippey,

Robinson,

Ryan,

ShatTer,

Shoaff of Allen,

Shoafl" o[ Jay,

Veach,

WaTermiin,

WilliauiS,

Wolfe,

Woollen, and

Mr. Speaker,— 58.

Those tvho were absent ivithoiit leave were-

Messrs.

Chambers,

James,

Noycs,

Abdill,

Davis,

Johnson,

O'Brien of H.,

Anderson,

Forrester,

Jones,

Perry,

Atkison,

Gregg,

Kendrick,

Pettibone,

Baker,

Gregory,

Lamb,

Roe,

Beyerle,

Griffith,

Leeds,

Stone,

Branham,

Hershey.

Moorman,

Tarkington,

Budd,

Higj^ins,

Morgan,

Van Buskirk and

Cason,

Hostetter,

Mustard,

Woodrufl' — 08.

Cass,

Hutchings,

Newman,

732

The following- members were absent vnth leave —
Messrs?.
Marshall, PeiuUeton, Roberts, and Spencer — 4.

The House adjourned until Monday next, at 9 o'clock A. M.

MONDAY, 9 o'clock, A. M., 1
March 9, 1863. \

Tlic House met.

The reading of the Journal was dispensed with.
A message from the Senate, by Mr. Vawter, their Secretary:
Mr. Speaker :

I am directed by the Senate to inform the House that the
Senate has passed the following concurrent resolution, in which
the concurrence of the Honse is respectfully requested:

Resolved by the Senate, the House of Representatives concurring
therein, That there shall be appointed a committee, consisting of
two members on the part of the Senate, and three on the part of
the House of Representatives, to be denominated an Auditing
Committee, whose duty it shall be to meet at Indianapolis monthly,
and examine and audit the accounts of the Commissary General
and Quartermaster General, and all other accounts, either for the
pay of men, or material of any kind purchased and designed to be
paid for out of appropriations heretofore made, or wliich may here-
after be made, for military purposes, including payment of the In-
diana Legion, if an appropriation has been or shall be made
therefor, and that the Auditor of State be expressly prohibited
from paying any claim of the description aforesaid, until said claim
has been audited and certified by said Auditing Committee, or a
majority of it.

2. Resolved, That said committee shall make out a regular bal-
ance sheet each month, which, together with the proper vouchers.

733

?hall be carefully preserved. Tliey shall have power to direct the
proper forms to be used for accounts and vouchers, and require all
to be made in accordance with such forms.

3. Resolved, That said commiirce sliali each receive the sum of
ihree dollars for each day they msy be necessarily employ(^d in the
discharge of their duties, and live cents per mile for the distance
travelled going to and returning from their attendance upon such
duties, the same to be paid out of the money appropriated for the
payment of the legislative expenses of the present General Assem-
bly, and that the Auditor is hereby directed to audit the accounts
for the services of such committee, upon the certificate of a ma-
jority of the conunittee.

4. Resolved, That said committee shall examine and determine
ail claims presented to them for allowance without delay; and that
said committee shall only be entitled to receive pay for the time
during which they shall have been actually employed.

5. Resolved, That a majority of s;;iJ conunittee shall consti-
tute a quorum for l)usiiiess, but no allowance of such majority of
any claim or account shall he valid, so ;)s lo authorize its p;!yincnt,
unless such allowance be made by a number of said committee
equal to a majority of the whole.

6. Resolved, That said committee shall only be authorized to
sit so long as the duties herein imposed upon them may demand,
and whenever said claims and accounts shall be fully examined
and audited, said committee shall be and is hereby discharged.

(Mr. Donaldson in the chair.)

Mr. Buskirk moved to take up the message just received from
the Senate.
Agreed to.

Mr. Anderson moved to concur in the resolution of the Senate,
with the following" amendment:

Insert after the words "military purpose," the following words:
"excepting the Governor's INIilitary Contingent Fund."

Agreed to.

Mr. Brown moved that Messrs. Niblack, Kilgore, and Buskirk, be
appointed said committee.

734 .

Agreed to.

Mr. Howell rricide the following report from the Committee on
Claims :

Mr. Speaker :

The Committee on Claims, to whom was referred the claim of
Bowen, Stewart & Co., for stationery, have had the same under
consideration, and would respectfully report the same correct, and
recommend that the bill making specific appropriations be so
amended as to make an allowance for the same.

The report was concurred in. '

Mr. Packard offered the following amendment to the specific ap-
propriation bill :

Sec. — . That W. H. Drapier be allowed the sum of $600 for 600
copies of the Brevier Legislative Reports of the present session, as
per contract with the Doorkeeper of the House, in pursuance of a
resolution.

The amendment was adopted.

Mr. Griffith offered the following resolution :

Resolved, That notwithstanding the acrimony of partizan war-
fare which has unfortunately characterized the present legislation,
the remembrance of which causes no pleasurable emotion, yet jus-
tice demands that the thanks of this House be tendered to the
Hon. Samuel H. Buskirk, Speaker of this. House, for the impar-
tiality and ability with which he presided over its deliberations,
and that we hereby tender to him this evidence of our respectful re-
gard for the faithful performance of his duty.

Mr. Lasselle offered the following amendment:

Resolved, That the thanks of this House are hereby tendered to
the Hon. Samuel H. Buskirk, for the able and impartial manner in
which he has discharged the duties of Speaker of the House dur-
ing the present session thereof.

Adopted.

The resolution, as amended, was adopted.
Mr. Buskirk offered the following resolution :

735

Resolved, That A. T. Whitlcssy, prineij^al Clerk, and Joseph J.
Davis, assistant Clerk of the House, be each allowed sixty-one dol-
lars for extra services as such Clerks, to be paid out of the Legisla-
tive fund already appropriated by this General Assembly, and that
this allovvance shall include all sums heretofore voted to said prin-
cipal and assistant Clerks, except for indexing the Journals, and
making an index of the titles of bills introduced, and their per diem
of three dollars, which excepted allowance are not to be effected by
this resolution.

And be it fiirther Resolved, That the assistants of the principal
and assistant Clerks of this House be each allowed a sum not ex-
ceeding the sum of sixty-one dollars each, for extra services as sucIj
assistants, the amount to be certified by said principal and assistant
Clerks respectively, and attested by the Speaker of the House, and
that the said allowances be in addition to the three dollars per diem
appropriated and provided by the Legislative appropriation act
passed by this General Assembly, and that the same be paid out of
the fund raised by said act:

And be it further Resolved, That Benedict Burns, Doorkeeper,
and Michael Griffin, Sergeant-at-Arms of the House, be allowed
the sum of thirty dollars and fifty cents each, for extra services, and
that their employees be each allowed not exceeding the sum of
thirty dollars and fifty cents, for extra services ; said extra services
of said employees to be certified by said Doorkeeper and Sergeant-
at-Arms, respectively, and attested by the Speaker of the House, and
that this allowance shall be in lieu of all allowances made to them
heretofore for such services, except their per diem, as provided by the
Legislative appropriation act passed by this session of the General
Assembly, and that said allowances be paid out of the fuiid raised
by said act.

And be it further Resolved, That Michael Griffin, Sergeant-at-
Arms of the House of Representatives, he allowed at the rate of
— cents per mile for every mile actually traveled, and fifty cents each
for every process served, and every process returned, on persons
summoned as witnesses by the Committee on Arbitrary Arrests of
the House, upon the certificate of the Auditor of State that his ac-
counts are just and proper, according to said basis of computation,
as extra services, and that the same be paid out of the fund appro-

736

priated by the Legislative appropriation act passed by the present
.session of the General Assembly.

The following amendment was otTered :

That the Clerks of the Committees of Ways and Means, o-n the
Judiciary, ai)d on Arbitrary Arrests, and the stationery Clerks be
included in the above resolution.

Adopted.

The resolution, as amended, was adopted.

A message from the Governor, by Mr. Hollo way, his Private
Secretary:

Mr. Speaker : • '

I am directed l)y the Govfn'nor to inform your honorable body
that he has signed and a]jprov(H! House bill No. 139, "an act to
raise a revenue for State pur|;os(s for the years 1863 and 1864."

Also, House bill No. 75. '"An act to provide for the inspection
of petroleum oils, for illuminating purposes, making and branding
the same, prescribing penalty for selling without irispection, or for
falsely branding the cask, package or barrel containing the same, or
for violating any of the provisions of this act, for the appointment
of Inspectors and deputies, prescribing duties and terms of ofiice,
and imposing penalties for Inspectors or deputies trading in any ar-
ticle they are appointed to inspect.'' . ,

Also, House bill No. 69. "An act regulating the duties of the
State Librarian, and providing penalties for a violation of the pro-
visions of this act."

Also, House bill No. 29. "An act to provide that the laws of
this State, regulating the salaries of oificers, shall not be so con-
strued as to permit public officers thereof to receive their salaries
in advance, and to repeal all laws inconsistent therewith."

Also, House Bill No. 117. "An act to authorize the transfer and
payment of Congressional township school funds, which accrued
from the sale of school lands within the temtory now forming the
county of Newton to said county, from the county of Jasper, to

' 737

legalize payments heretofore made, and to authorize the Auditor of
the county of Newton to execute conveyance in certain cases.

Also, House bill No. 109. An act to amend the first section of
an act entitled " an act for the relief of borrowers of the Sinking
Fund, and to repeal the fourth section, and so much as applies to the
Sinking Fund of the whole act, entitled ' an act to extend to bor-
rowers of the Sinking Fund, Surplus Revenue Fund, Congressional
School Fund, and other funds, time of payment of loans, and pre-
scribing the duties of the officers in regard thereto, approved March
3, 1859, and prescribing how mortgages may be constituted, and
containing some provisions respecting the Sinking Fund, and its
control and management, and matters properly connected therewith,"
approved March 9, 1861, and has caused copies of the same to be
filed in the office of the Secretary of State.

Mr. Packard offered the following resolution :

Resolved^ That the Secretary of State procure, and send to each
member of the House, and to the officers thereof, two copies each
of the House and Senate Documentry Journals, two copies of the
Brevier Legislative Reports, two copies of the acts of the present
session, all to be bound in full sheep.

Adopted.

Mr. Lasselle, from the Committee on Engrossed Bills, made the
following report :

Mr. Speaker: »

The Committee on Engrossed Bills have examined Engrossed
Bills Nos. 185, 191, 187, 186, 189, 193, 197, 200, 203, 204, 205, 209,
211, 213, 214, 231, 230, 225, 237, 236, 239, 221 and 245, and have
compared them with the originals, and find them correctly engross-
ed.

Mr. Harney, from the Committee on Ways and Means, made
the following report :

The Committee on Ways and Means ask leave to submit the
following report :

H. J.— 47

738 ' '^

THE CONDITION OF THE TREASURY. ■ .

The following is an exhibit of the Receipts and Disbursennents
from the Treasury, during the time specified.

Statement of State Treasury since October 31, 1860.

Cash on hand, October 31, 1860 8238,712 76

Cash rec'd from Oct. 31, '60, to Dec. 31, '60. 8213,600 76

Warrants drawn for same period 157,641 39

55,959 37

Cash on hand, December 31, 1860 §294,672 13

Cashrec'dfromDec.31,'60,to Oct. 31, '61 $3,459,056 88 . ' ,

Warrants drawn same period 3,388,582 68

70,474 20

Cash on hand, October 81, 1861 8365,146 33

Cash rec'd from Oct. 31,'61, to Oct.31,'62 $3,997,632 64

Warrants drawn same period 3,486,304 55

511,328 09

Cash on hand, October 31, 1862 8876,474 32

Cash received from Oct. 31, 1862, to Jan. 31, 1863.. . 8595,496 71

$1,471,971 03
Warrants drawn from Oct. 31, '62, to Jan. 31, 1863. 1,286,324 41

Cash on hand. January 31, 1863 8185,646 62

All of these vouchers the Committee have examined, cancelled,
and made abstracts of the same, in order to test the correctness of
the Auditor's books, but for lack of time, they have been unable to
complete the work as yet, but have adopted measures to finish the
examination.

The Committee find that the funded debt of the State has been
increased by the sale of six per cent, bonds, still outstanding to the
amount of $1,225,-500 00, which money has been used for the pur-
pose of paying the State tax assessed by an act of Congress, ap-
proved August 5, 1861, for the purchase of the State arms, and
paying expenses incurred in organizing and fitting out troops of

739

the State, which entered the service, and for taking care of our sick
and wounded soldiers; in providing a revenue for the next two
years sufficient to meet the demand upon the treasury.

The Committee have found themselves surrounded with diffi-
culties, notwithstanding the enormous appropriations of the last
two years, which absorbs the revenues and the proceeds of the debt
incurred, there is still left over to be provided for out of the incom-
ing revenues.

The Military debt, audited by the Committee, but not paid
for want of funds, which the Governor's message shows to be $146,
•279 87 ; Military claims unaudited supposed to be about ^25,000
00 ; claimed by State Prison North, for building, for which there
had been no appropriation, $50,351 69.

In addition^ Wc have extraordinary demands upon the Treasury
on account of the war, which will be for taking care of sick and
wounded soldiers, $100,000 00 ; also, provide for military defence
of our border, $75,000 00 ; making a total, in round numbers, of
near $400,000 00, constituting the same class of demands, under
nearly the same emergency as induced the last Legislature to au-
thorize the loan of two millions, yet with all these embarrassments,
and the precedent before them, the committee have deemed it in-
expedient to recommend a new loan, thus increasing the availa-
bility of the treasury, and, for the present, relieving the tax payers.
They have deemed it the best policy to " pay as you go," and if
we are not willing to pay tlie tax, quit the expense. The expense
and losses in negotiating a loan, with the cost of taking care of it,
with the interest and liabilities io fraud and peculation, far exceed
all the temporary benetit derivetl iVom public loans. Acting under
These convictions, the committee h;i\r recommended an increase of
rive cents assessments on property, and twenty-five percent, poll tax;
■\vA have endeavored to limit their a|)|>r()|»ri;\tion to the revenue
standard. •

STATK in;i!'l'.

Aceordina- to the '-eporr oi' ihr Auditors, the State debt \^ as

follows :

3 per cent. Certiticateti of Stock .^5,325,500 00

2i per cent. Certificates of Stock $52,058,173 50

6 per cent. Certificates of Stock )J1,225,500 00

740

There is also supposed to be outstanding of the original internal
improvement bonds, as shown by the report of Agent of State,
8391,000. The State has also given her bond to the Sinking Fund,
which is really only a debt from one department of the State to
another, for 81,1^8,219 64. The total interest, due annually on the
whole debt is 6462,552 51. This formidable item seems to in-^
crease rather than diminish, notwithstanding the repeated efforts
that have been made to put the debt in process of liquidation.
Your committee recommend that active measures be taken to pro-
vide for the ultimate extinction of the State debt, and in the mean
time that the character of it be changed from that of certificates to
coupon bonds, with interest payable at the State capital, which
would lead to the absorption of a large portion of it by the capital-
ists in the State.

WAR LOAN.

The committee find there is charged to sale of Military War
Loan Bonds, the sum of §1,754,855 85, as proceeds of sale of
2,000,000 bonds. Of the above bonds sold there has been re-
deemed 6774,500 00

At a cost, with interest accruing, of 692,002 69

Leaving outstanding 1,225,500 00

Nett proceeds of same 1,064,470 93

Balance $161,029 07

This balance would not prove a loss to the State if she could
purchase the bonds at the same price at which they were sold. It
is, however, equivalent to paying very near seven per cent, interest,
and a probability of having to redeem the bonds at their face.

STATE DEBT SINKING FUND.

The committee would call the attention of th6 Legislature to
the general management of the above fund. The Auditor reports
a balance due the fund of 6678,626 87, which, at present, would
absorb all the money in the Treasury, and leave the Treasury in
debt near one-half million. This results from the appropriations
exceeding the revenues, and the money set apart for the redemp-
tion of the State debt is the last applied to the purposes intended.
It should be the business of the officers immediately after the
money is received, to apply the same to the purpose prescribed by
law, and not leave it to be preyed upon by every other appropria-

741

tion. The account of the above fund in the books of the Auditor's
office, are not satisfactory. It seems to be regarded not as a snecial
fund, but only to be expended on the public debt when there is no
other use for the money, and in The books in his office, reference is
made to the Auditor's report, which shows receipts for taxes in 1861
to be ^264,437 97 and disbursements on account of bonds to be
t$259,44 54, but there is no satisfactory showing when or how that
amount was expended. The report also shows the fund to have
received from the United States §450,000 in Treasury notes, which
were sold for ^432,639 30, w^hich we presume was coin, and al-
though the bonds were purchased nominally at the same price as
sold at, still the loss to the State in the above instance was $17,-
361 70. It seems, also, from comparing dates, that the redemption
of bonds was going on simultaneously with the negotiations and
selling of them, the necessity for which the committee cannot
comprehend.

TEMPORARY LOANS.

By act of the special session, approved June 3, 1861, the officers
of Slate were authorized to make temporary loans, in order to pur-
chase supplies for troops in the service of this State, or to provide
for Transportation of the same under provision of this act. Loans
were made including, however, back to December, i860, which

amounted in total to January 31, 1862, to 81,495,735 33

Upon which paid as debit 1,533,549 71

Over paid $37,814 38

This over payment is presumed to be on account of interest, and
makes a formidable item in the past expenditures.

The committee cannot go back and judge of the necessity of
those loans, but it does seem there must have been given a very
liberal construction to the law which limits the necessity to pur-
chasing supplies and providing transportation to troops in the
service of the State. Besides many of these loans took place during
the same period when bond loans were being negotiated, and of
the proceeds of which these were to be paid. The committee do
not desire to be censorious, but think the record of transactions of
such importance, and so delicate a nature, should be accompanied
by an explanation of the reasons for so doing, especially in times

742 -

like these, when public officers should be more rigid in their trans-
actions and careful in their accounts.

ACCOUNTS WITH THE GENERAL GOVERNMENT.

The State has received from the General Government, as shown
by the Auditor's report : ' .- -i

By cash $160,061 02

By Treasury Notes 450,000 09

There is an unsettled balance, sufficient to pay the

State tax 769,144 03

These amounts have been paid to the State on account of ad-
vances made for carrying on the war, but there is nothing in the
Auditor's report, nor is tliere an account in his office, to show upon
what vouchers these amounts have been drawn, or what amount
there may yet be due the State. But from the report made by the
Governor, in reference to purchase and disposition of State arms,
we find that the accounts and vouchers paid from the State Arms
Fund have been forwarded to Washington. We also find the
warrants on the Military Fund have been forwarded, and certified
copies of the same are in the Auditor's office. The Governor, who
seems to have most of these accounts in his possession, also in his
message, from data in his hands, estimates the amount yet due the
State at $359,634 75. This would pay the floating debt over from
said year, and reduce the war loan debt to about $1,100,000, leav-
ing that amount legacy of debt, after the Federal Government
should have returned to all of our advances on the war, except
Contingent Fund used for the benefit of our sick and wounded
soldiers, and for payment of State troops in defense of our own
border. The same items which we have to provide for this year,
and will have to during the war.

It may be said a large portion of this went to pay the tax assessed
by the General Government on the State. That may be true, but the
tax collected by the Federal Government this year, internal revenue
in the State, will far exceed the amount above assumed. Besides
the productive interests of the lj?tate begins to feel the effects of
the loss of labor of so many of the citizens in the army; so that
now we are less able to stand heavy taxation than we were two
years ago. .

743

From these facts and premises, the committee must come to the
conclusion that the system of finance pursued for the last two
years, of leaving the future to provide for the expenditures of the
present, would result inevitably in ruin and bankruptcy. No worse
policy can be adopted than in imagining that in the future we
will be better able to pay than at present.

The committee must say that for the last ten days, during all the
time they were preparing this report, they have been denied the
presence and counsels of the minority of the committee, and there-
fore it cannot be given as unanimous. From this fact, and from
the pressing nature of their other duties, and the limited time al-
lowed Ihetn to examine so voluminous a record, they have been
unable to make their investigations as thorough as the occasion
would demand. It is submitted with diffidence, as the best they
could do under the circumstances surrounding them.

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Sen-
ate has concurred in the amendments of the House to the Senate's
concurrent resolution, raising an auditing committee.

Mr. Harney, from a select committee, made the following re-
port :

REPORT OF THE COMMITTEE UPON THE STATE ARSENAL.

The select committee, appointed for the purpose of making ex-
aminations of the State Arsenal, and report any facts they might
deem necessary connected therewith, have performed that duty,
and submit the following report :

The committee visited the Arsenal, which is situate one and a
half miles east of the city. The buildings are mostly, of a tempo-
rary character; sufficient, however, for the purpose, and built out of
the profits of the institution, so that it pays no rent. At the time
of the visit, there was employed in one room about ninety females,
and in another about forty — all employed in making ball cartridges,
and preparing caps. In another building the men were moulding
bullets, preparing shells, round shot, &c.

The committee were much gratified with the system and economy.

744

and also the neatness and dispatch with which the business was
conducted.

In reference to the operation of the Arsenal since its commence-
ment, the committee would refer to Capt. Sturm's report, which
contains a full account of its past transactions, and its present con-
dition.

The committee take pleasure in complimenting Capt. Sturm
upon the very satisfactory condition of his accounts, the readiness
with which he has furnished us with any desired information, and
the zeal and energy he has shown in the enterprise, which are the
chief qualities constituting a good officer.

It w^as the design of the committee to recommend the Arsenal to
be continued under the patronage of the State, and a bill was pre-
pared for that purpose, but subsequ.ent events have rendered it im-
possible to take any further steps.

Since our visit the Arsenal has ben compelled to suspend opera-
tions for a time, at least greatly to the injury of many poor persons
that depend on its patronage as a means of support.

The committee are informed that the State has no armory, no
arms, excepting what are distributed, and relies upon drawing on the
General Government for any she may need, and that the present
armory here is in charge of Col. Carrington, commander of this
post, and the arms and material belonging to the General Govern-
ment.

The report was concurred in.

Mr. Brown officered the following resolution:

Resolved, That the officers and members of the Committee on
Arbitrary Arrests be paid the amount this House has determined
they shall receive, out of the fund appropriated for Legislative pur-
poses.

Adopted. *

A message from the Senate, by Mr. Yawter, their Secretary :
Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has passed the following concurrent resolution :

A concurrent resolution in reference to fraudulent five per cent.
Indiana certificates of stock.

745

Be it resolved by the Senate, {the House of Representatives con-
curring-therein.) That tlie Governor, Auditor and Treasurer of State
are hereby authorized to appoint a Commissioner, with full power
TO investigate the condition of the fraudulent certificates of Indiana
live per cent, stocks yet outstanding, and procure their surrender
and cancellation by entering suit in the name of the State of Indi-
ana agiiinst the holder or holders thereof, or otherwise ; but said
t'omtiiissioner shall not be authorised under any contingency to ac-
linowledge that the above certificates are in any manner binding
upon the Siiite, or as consiituting any purr of its indebtetlness, or
to pay any sum of money on a compromise to procure tlieir can-
celation.

On motion of Mr. Harney, the resolution was concurred in.

Ml". Harney submitted the following report :

.AIr. Speaker:

The committee selected on the part of the House, by a concur-
rent resolution, to inquire into the expenditures of the Quartermas-
ter and Commissary Department, purchase of State arms, dec,
would report that for want of time they have been unable to make
the necessary examination, the joint committee therefore agreed to
ask consent of the Legislature to set after adjournment. Since that
time, this committee are informed that the Senate, without farther
consultatiofT, have appointed a committee from their own body with
power to set after adjournment of the Legislature, and prosecute
the above investigation ; we, therefore, refer the whole matter to the
House, to determine whether any further action is necessary, and
ask to be discharged from further consideration of the subject.

Mr Brown offered the following resolution :

WuEREAS, It is especially due to the people, while the burdens
and sacrifices of a dire civil war are fearfully taxing their energies,
that rigid investigations should be made of the oflicial conduct of
their public servants, to whom the control of jmblic moneys may
have been entrusted, and

Whereas, The people of the State of Indiana demand of this
Legislature a faithful and fearless discharge of such duty, therefore.

Resolved, That a special committee of three be appointed by the
Speaker of the House, to investigate the transactions connected

746

with and growing out of the negotiation and disbursement of the
TWO million loan authorized by an act of the Legislature, approved
May 18, 1861, the expenditures in the State Quartermaster's de-
partment of the State Commissary's office, the purchase of arms by
the State Arsenal, and the Benevolent Institutions of the State, in
each case to extend back to the first day of May, 1861, without refer-
ence to what fund they may have been paid from. And said com-
mittee shall have power to send for persons, books, and papers — to
eoaij)el aneiidance of witnesses, and punish contempts and adopt
rules for their government and the manner of transacting their bu-
siness. They sliall make a report of their proceedings, and have
printed of the same 5,000 copies for distribution, and shall submit,
in wriiing. to the Attorney General of the State, their opinion as
to wliether or nor any investigation, on the part of the State, for
recovery, are necessary, and if so, upon what transactions suit
should be founded. And said committee shall have power to set after
the adjournment of the General Assembly, and the members thereof
shall draw the same pay and mileage as members of the General
Assembly. Said committee shall also draw upon the fund appro-
priated for Legislative expense of the present General Assembly.
for all the contingent expenses of said committee. And the Audi-
tor of State be and he is hereby instructed to draw his warrant
upon the fund appropriated for legislative expenses of the present
General Assembly, in favor of the members of said committee for
their said per diem and mileage, and also for the said* contingent
expenses of said committee, upon certificate of the chairman of
said committee. And said committee shall give due notice of its
sittings and proceedings to the officers whose official transactions
they shall have under investigation, and said officers shall have the
privilege of attending the investigations of said committee in per-
son or by attorney. And the sitting of said committee shall not
extend beyond forty days.
Adopted.

The Speaker appointed Messrs. Tarkington and Howk said com-
mittee.

A mes.sage from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker :

I am directed by the Senate to inform the House that the Sen-
ate has passed the following resolutions :

747

Resolved, That a committee of two, on the part of the Senate,
be appointed to act with a similar committee on the part of the
House, to wait upon the Governor and ascertain if he has any fur-
ther communication to make to the General Assemljly.

Senators Ferguson and New were appointed said committee; in
which the concurrence of the House is requcsied. /

Also—

Resolved, The Senate having finished its business, that tlic Sen-
ate adjourn, sine die, at 12 o'clock, M., to-(hiy, and that the House
be informed of the passage of this resolution.

The resold! ion was concurred in.

The Speaker appointed Messrs. Puett and Griffith said commit-
tee on the part of the House.

Mr. Cason offered the following resolution :

Resolved, That the Indianapolis Journal Company, and the pro-
prietors of the Daily Sentinel, be each allowed the sum of $919 36,
out of the Legislative appropriation, for papers furnished this
House, as per contract with the Do()rkec()er, and that the proprie-
tors of the Volksblatt and Indiana Free Press be allowed each

dollars for papers furnished, as per contract with the Doorkeeper.

Adopted.

Mr. Holcomb obtained leave of absence.
Mr. Lee submitted the following protest.
Mr. Speaker :

The undersigned desires to enter his protest against the raising
of the Auditing Committee authorized by this House and Senate,
for the reason that two Republicans are placed upon it, and for the
further reason, that it does not include in its control the Gover-
nor's contingent fund, whereby the c;ommittee is rendered unneces-
sary.

Mr. Donaldson offered the following resolution:

Whereas, the minority of this House have been in session in
the city of Madison, in the State of Indiana, for the last ten days:

.748 ^

AxD WHEREAS, it Is attended with inconvenience to change the
place of holding sessions of the General Assembly, and shall not
be done except where there is danger of some public enemy; there-
fore, \ . '

Resolved. That as soon as the Speaker of this House can make
out the ceriiiicates for the per diem and mileage of said minority,
they all have leave of absence to return to the said city of Madi-
son, or suv'h other place as they, in their wisdom, may determine,
and adopt the following lines:

Whi-ii I do think what now I am, ami what 1 used to was,
Jk-thinks I sold myself away without sufficient cause.

Adopted.

The select committee, to whom was referred the investigation of
the charge thiit certain members of the House were in secret con-
sultation with an emissary of Jeff. Davis, made a report, which
was ordered to be placed on the files of the House,

Mr. Hanna submitted the following report:

The Committee on Military Affairs, to which was referred the
communication of the Governor, in reference to purchase of State
arms, &c., return the same back to the House, and recommend that
it be deposited in the State Library, for the use of public officers
and future Legislatures.

Mr. Brogan offered the following resolution :

Resolved, That all of that part of the action of the House re-
flecting upon the conduct of the Doorkeeper of the House be ex-
punged from the journal.

Adopted unanimously.

Mr. Ferris submitted the following report:
Mr. Speaker :

The special committee, appointed to visit the hospitals in and
about the city of Indianapolis, where the sick and wounded sol-
diers are taken care of, have performed tliat duty and would res-
pectfully submit the following report :

The cormnittee found the ditierent hospitals under the charge of
Drs. John M. Kitchen and P. H. Jameson, and the committee take

749

pleasure in saying that under the management of these gentlemen
the accommodationri for the sick and wounded soldiers are as near
p^fection as it is possible they could be made with the means at
their disposal.

There is at each of the camps near the city a receiving hospital
under the immediate care of Dr. Jameson (except Camp Morton),
where the sick of each regiment are reported every morning, and
each severe case is at once sent to the General Hospital, but very
manv cases are entirely cured at these receiving hospitals.

The committee found at Camp Morton about six hundred and
fifty prisoners of war taken at the late battle at Murfreesboro,
about one hundred and forty-four of which are in the hospitals at
this camp. Most of them were wounded, and they all seemed
anxious to testify to the kind manner with which they had been
treated by the gentlemanly officers and men under whose charge
they had been placed. Their situation appears comfortable, as far
as it is in the power of our officers to make it.

This camp is now occupied exclusively by all the Confederate
prisoners, and is under the immediate care of Dr. Wier, an officer
of the 71st Indiana Regiment.

At Noble Barracks there are about 500 artillerymen ; at this
camp hospital an average of twenty are reported sick each morn-
ing, but few of which are sent to the general hospital, for the
reason above given. The hospital register shows 115 sick received
since November 22, 1862.

At Camp Carrington there are about 700 men, and for several
days the morning report of the sick shows an average of four,
which indicates that at present the soldiers at that camp enjoy un-
usual good health.

At the City Barracks, or Soldier's Home, there are about 200
men of different regiments.) beside the four companies constituting
the Provost Guard.) This is called the convalescent barracks, a
place where convalescent soldiers stay until they are able to return
to their regiments, and it is also a point where soldiers passing
through the city to and from their regiments, make it their home.
Some fifty or seventy-five leave this place daily, and their places
are filled with as many new arrivals. The accommodations there
are sufficient also to feed an entire regiment at once, if necessary.
At each of these carnps, medical stewards and attendants select-
ed from the r^nk and file of the army are found, who have a good

750

knowledge of medicine, and who the more readily appreciate the
waxits and necessities of the sick soldiers.

The committee could bat notice the kind attention and gentle-
manly deportment of these stewards and attendants, as attested by
the sick, and the mention of their names in this report would be a
pleasure io the committee, but lest an unintentional omission of
some might do injustice, we have omitted it.

Anotlier feature noticed at these ho.-;pitals, was the air of neat-
ness arid comfort which pervades them, and which speaks much in
commendation of the gentlemen who have labored so assiduously
in this department.

The City Hospital, we are informed, has been generously given
up by the city authorities, free of charge, to be used as a general
hospital for the soldiers, and is under the imn:iediate charge of Dr.
Kitchen.

We believe it would be impossible to make this department more
efficient than it is under his charge. Il will only require a visit to
this place to satisfy any one that the committee do not exaggerate
in making this statement, and those who are now receiving the
benefits of the care shown the sick ;it this place will bear us witness
of the fact that there are at press^iit about twenty Confederate
prisoners, (mostly wounded) and 150 Union soldiers, in the differ-
ent wards of this hospital.

The building will accommodate about 275 patients. Since May
1, 1861, about 0,000 Union soldiers have been under treatment
here, and of this number only about 213 have died. When we
consider that it is only the severe cases sent to this hospital, it will
be seen that the ratio of mortality is by no means large.

Indiana will never want for brave sons to go forth to fight her
battles, and face danger to preserve her fair fame, so long as they
can be assured that if they are unfortunate they will not be ne-
glected and forgotten.

Ever since the war began, Dr's. Kitchen and Jameson have been
untiring in their efforts in this department, and many soldiers wiU
attest their vigilance and care. The thanks of all are due them for
their efforts, and the gratitude of those to whom they have minis-
tered, will give the best assurance of the fidelity with which they
have discharged their duties.

The committee feel it their duty, in this connection, to mention
the Sisters of Providence, who with busy hands and willing hearts,
are vigilant and untiring in their ministrations to the wants and

751

necessities of the unfortunate soldiers. Without fompensation,
for nearly two years the Sisters have had the entire charge of the
domestic department at the general hospilal, in which neat-
ness, order, and economy are the prominent characteristics.
Quietly, but earnestly, have they fultilled this mission of love and
kindness, and we most cheerl'ully assure them that thousands of
grateful hearts will cherish these deeds in kind remembrance, and
we sincerely hope that Heaven may, in answer to the fervfmt prayer
of many a brave soldier, confer upon these Sisters blessings un-
numbered, which gold can never purchase.

Mr. Puett, from the committee to wait on the Governor, made
the following report :

Mr. Phesident :

The committee appointed to .wait upon iiis Kxcellericy, has per-
formed thai duty, and would respecti'ully re[.>ort that he has no
fm'ther comniunicalion to make to this General Assembly.

Mr. Milrov moved a call of the House.
Which was ordered.

Thust who answered to their navies were —

Messrs.

Abbett,

Anderson.

Atkison,

Bird,

Blocher,

Brogan,

Brown,

Burton,

Cason,

Collins,

Cook,

De Bruler,

Donaldson.

Ferris,

Given,

Gritfith,

Hall,

Hanna,

Harden of W..

Hardin of Perry

Harney,

Hershey.

Hon,

Howard.

Howell,

Howk,

Humphreys,

Kemp of Dubois
Kemp of Vigo.
Lasselle,
Lee,

Lemmon of H.
Lemrnon of S..
.Mason,
McCaughey,
Milroy,
Mutz,
Niblack,
O'Brien of M..
Osborne,
Packard.

, Puett,
Richardson,
Rippey,
Ryan.
Shaffer,

Shoatf of Allen,
Shoaft" of .Jay,
Veach,
Waterman.
Williams,
Wolfe,

Woollen, and
Mr. Speaker-o2.

752

Those ivho were absent without leave ivere-

Messrs.

Gregg,

Jones,

O'Brien of H..

Abdill,

Gregory,

Kendrick,

Perry,

Baker,

Hershey,

Kilgore,

Pettibone,

Beyerle,

Hetfield,

Lamb,

Robinson,

Branham,

Higgins,

Leeds,

Roe,

Bucld,

Hostetter,

Moorman,

Stone,

Cass,

Hutchings,

Morgan,

Tarkington,

Chambers,

James,

Mustard,

Van Buskirkand

Davis,

Johnson,

Newman,

Woodruff— 37.

Forrester,

Those ivho were absent with leave were —

Messrs.

Lake,

Pendleton,

Roberts, and

Garvin,

Marshall,

Priest,

Spencer — 10.

Holcomb,

Miller,

Reitz,

A message from the Senate, by Mr. Vawter, their Secretary:

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate
has adjourned sine die.

The Speaker then delivered his valedictory.

Mr. Blocher moved that the House adjourn.
Which was agreed to.

The Speaker declared the House adjovirned sine die.

A. T. WHITTLESEY,

Principal Clerk.
JOSEPH J. DAVIS,

Assistant Clerk.

IjNTDE

ABBETT, 0. H. P.— ; .

Appeared and was qualified 3

Bill introduced by 127

Motions by 29,263

Resolutions by 296

ABDILL, IRAD—

Appeared and was qualified '16

I.«ave of, grant'-d to Mr. Abbetl C44

Abdill 153,525,055

Atklson 175, 366,729

Beyerle 261.561

Bird 100,439

Bloclier 106,062

Brogau. 153, 599

Brown 'JGl, 354

Burton 1^5

Cass 175,333

' Chambers 326

Collins 431

Cook 431

Davis 431

■ • PeBruler i3, 126

lerris SC

■ ' • ■ forrester 431

•■ ■■ Garvin e27,2al,534

■:'■■•■■ GiTun eP,94

• Gregg 5^

r ■ ■ ■-., Gret;ory 1(:6. i50, 431

■ ■ ■ . Hall CC2

Hanna 'Si

■' Hardin of Washinstoii 153

Harden of Perry 229

Hetfleld 250

■? ■■■-.■■■■■ Holcomb 77,312,422,747

1 Hon 153,396

Howard 107.187,354

Howk 339, 5G3

Hatchings 128

H. J.— 48 *

754

Leave of, granted to Mr. James 2C1

Johnson 263

Kemp uf Dubois 425

Kilgore 175, 323, 044

Lake 118, 662

Lamb 100

Lee m

Leeds 201

Lemmon of Spencer 130

Marshall 107,653

Mason 354

Miller 187, 729

Milroy 261

Moorman 175, 338

Mustard 94

Noyes 2G1

O'Brien of Hamilton 421

O'Brien of Martin 6()7

Pendleton 520, 563

Pettibone 175, 261

Priest 520

Piiett G62

Reitz 250

Roberts 299,074.092

Roe 77

Shaffer 261

Shoaff of Allen 158, 550,662

ShoaffofJay 100,439

Spencer 1 75, 644

Stone 175, 320, 561

Van Buskirk 422

Veach 106,263

Villiams 323

Wolfe 201

Woollen 153,629, 7-'9

Committees on State Prisons 201,439

Without leave— Wr Abdill 037, 662. 064, 605, 076, 6gG, 694, 700, 731, 752

Anderson 637, 600, i;G2, 604, 666, 676, 686, 694, 7C0, 731

Atkison 664

Baker 637, 660,662, 064, 660,676, 686,694,700,731,752

Bcyerle 037, 6C0, 662, 664, 606, 676, 686, 694, 700, 731, 752

Branham 660,662,664, 666,676,686,694, 700,731, 752

Brogan 664

Budd '. "37, 660, 662, 664, 666, 676, 6?6, 694, 700, 731, 752

Cason 637, 6C0, 0G2, 604, (lOG, 676, 686, 694, 700, 731

Cass 637, COO, 662, 580,731, 752

Chambers 637. COO, 662, 664, 666,676,686,691, 700, 731, 752

Davis 0.S7, 660, 662, 664, 666, 676, 686, 694, 700, 731, 752

Forrester 637, (60, 062, 604, 660, 076, 686, 694, 700, 731, 752

■ . Gregg 637, 060, 662, 664, 666, 576, 6S!i, 694, 700, 731, 752

Gregory 037, (00, .562, 664, 066, 676. 680, 694. 700, 731, 752

Griffith 686, 694, 700, 631

Hanna 269

Hershey 637, 660, 6(52, 664, 666, 676, 686, 694, 700, 731, 752

HiggiOB 037, C60, 662, 004, 060, 670, 680, 694, 700, 731, 752

HoEtett«r 637, 800,662,664,606,676,686,694,700,731,752

Ilutchings 637, 660, 662, 664, C66, 670, 686, 694, 709, 731, 759

James 637, 660, 662, 664, 666, 676, 686, 694, 700, 631, 752

755

Johnson Ii69, 0;i7, GGO, 064, CCG, r,7G, CS6, 094, TOO, T.'ll, 752

.Jones G37, 600, G64, C66, 67G, G8G, C94, TOO, 731, 752

Kendrick 037, GOO, 0B4, Ci:6, 676, GPG, 094, 700, 731, 752

Kilirore 037, OPG, C94, 052

Lake (i37, 604

Lamb 'iC'J, 037, 660,602, 604, 006,076. GHG, 694, 700,731, 752

Lasselle '266

Leeds 637, 060, 60-2, 004, 006, 670, 086,094,700, 731. 752

Mar.shall G37

Moorman 637, 000, 062, 064, (iOG, 076, GSfi, 594, 709, 731, 752

Morgan 209,037, 6G0, 602, 064, 000,676,680,094, 700,731,752

Mustard 037, 660, 662, 064. 066, 670,6*1. 694, 700, 731, 752

Newman 037, 660, 6C2, 664, 066, 676 086, 094, 700, 730, 752

Noves 637, 600,602, 064,606,676, 0,SG, 094, 700, 731

O'Brien of Hamilton G37, 000, 002. (64,006,070, 680,694, 700,731

O'Brien of Martin 209

Pendleton ....269,637

Perry 660, 002,064, 006,676,686,694,700, 731, 752

Pettibone 637, 000,002, 604,000,076, 686, 094,700,731, 752

Eeitz 037

Richardson 637

Robison 752

Roberts 664

Roe 037, GOO, 062, (■.64, 000,670, 180, 094, 700, 731, 752

Shoaff of Allen 037

.Sboaff of Jay 037

Stone. ■■■■■ 637, 600, 662, 664, 666, 676, 086, 694, 700, 731, 752

Tarkington 637, 660, 602, 604,060,070,086, 694, TOO, 731, 752

Van Bu.-kirk 637,000,062, 604,606, 676,686,694, 7(10, 731, 752

Woodruff 637, 660,602,664, 606, 6T6, 686, 694, TOO, T31, T32

<gi:n't of state—

John C. Walker elected .

".NDKKSOX, ANDRE VY, JUN.—

Appeared and was qu.ilified -^

Bills introduced by 64, 104, 132, 133,600

Motions by 24, 59, 06, 90, 91, 94, 106, 115, 154, l.S3, 220, 222, 229, 237, 203, 209, 331, 332, 733

Resolution.s by 85, 106, 163, 318, 347, 39<J

A TKISON, GEORGE Y

Appeared and was qiialilied «

Bills intreduccd by 63, 102

Motions by 91,336, 700

Resolutions bv ^

».YE.S AND NOES—

On motion to refer to Committee on Federal Relations, resolution to elect no ofTicers not for

the Union

On resolution of thanks to Gen. Rosecrans

On amendment to resolution concerning pay of army officers

On the adoption of said resolution

On referring resolution on Emancipation Proclamation to Committee on Federal Relations. .

On laying on table Mr. Givan's resolution concerning arbitrary arreits

On motion to adjourn

On the adoption of Mr. Givan's resolution

On resolution to appoint committee to investigate arbitrary arrests

On resolution to decline receiving Governor's message. . -

756

AYES AKD Js'O'ES-

On su^pei-jion of rules and reading Hoa^e bill No. 3 sccoDd fiine HG

On referring to Federal Helations Mr. Burton's resolutions Sn

On reading Senate bill Ko. 1 second time 65

To lay on table resolution of Mr. Ferris SO, 81

On reading House bill No. 26 second time 8G

On reading same third time 87

On passage of House bill No. 26 87

On adoption of resolution of thanks to Gov. Seymour 92

On laying on table resnlutioii relating to political societies B8

On pa.ssage of Senate bill No. 1 105

On adoption of resolution reported by committee on illegal arrests 122

On resolution relative to supply of statutes 1-24

On laying on table resolution relative to secret political societies 148

On resolution relative to clerk for Judiciary Committee 155

On laying on table amendment to resolution of thanks to Gen. Rosecrans 171

On referring said resolution to select committee 172

On concurring in election by Senate of Sinking Fund Commissioners and State Eank Direc-
tors • 174

On reading House bill No 88 second time 182

On reading House bill No. 95 serond time 207

On laying on table motion to refer to Committee on Federal Relaticjus joint resolution No. 6, 220

On laying on table Mr. Griflith'.~. amendment to same 221

On laying on table Mr. Lamb's amendment to joint resolution So. 15 224

On laying on table Mr. Moorman's amendment to same 225

On motion to adjourn 226

On reading Senate bill No. 47 third time 227

On passage of Senate bill No. 47 ' 228

On laying on table resolution to raise committee as to clerks and doorkeepers 2'J3

On laying on table resolution to print Governor's mes.-age for soldiers 234

On laying on table motion to refer joint resolution No. 16 to Committee on FeuT;'.! Rela-
tions 2.^8

On laying on table amendment to joint resolution No. 17 239

On motion to lay on table joint resolution No. 17 and amendments 1:40

On moHon to lay on table joint resolution No. l.S 241

On reading joint resolution No. 22 third time 243

On indefinite postponement of joint resolution No. 12 248

On amendment striking out name of Cassius M. Ciay from Mr. Gregory's re.-:olution 250

On Senate resolution on investigating Quartern:aster's dcpartmerit 253

On passage of House bill No. 9 256

On passage of House bill No- 15 2.57

On motion to lay on table report of select conmiittet relative to employees 202

On motion to lay on table motion to refer ra^itters r'lativc to employees to select committee

of five 2C3

On reading House bill No. 124 second time :. 2C6

On sustaining decision of chair as to suspension of rule 267

On concurring in report of committee of five as to employees 273

On concurrin.g in report of Judiciary to lay on table joint resolution No. 9 . . . 284

On resolution relating to committee on illegal arrests 286

On passage-of House bill No. 4 239

On passage of House bill No. !.-< 200

On passage of House bill No. 22 301

On passage of House bill No. 2'! 302

On passage of House bill No. 29 303

On passag" of House bill No. 31 303

On passage of House bill No. 59 304

On House bill No. I'G 305

On reading HoufO bill No. 140 .second time 318

On reading same third time 319

On passage of House bill No. 1-10 320

On Mr. Cason's motion to reject House bill No. 141 321

On passage of House bill No. 66 327

757

AND NOES- ' ''■"■"■

On passage of House bill No. 20 y^s

On passage of House bill No. 44 Sfig

On passage of House bill No. 54 330

On passage of House bill No. 6!) ;i:jI

On passage of House bill No. 05 -j;)"

On passage of Senate bill No. lU xa

On motion to lay on table re.'-olution on charge of disloyalty of meniljer.s :j;i6

On adoption of said resolution 337

On motion to lay on table motion to rccomniit j'jint resolution No. 6 to committee 347

On tlie question of the passage of joint resolution No. 6 34S

On concurring in report of committee to lay on table House bill No. 131.' .'irj.j

On same ■jjg

On laying on table motion to amend .joint resoliition No. 15 3i;2

On laying on table Mr. Higgins' motion to amend same 362

On iiiying on tabic Mr. Grillith's motion to amend same SCT

On laying on table Jlr. Packard's motion to amend same 3C4

On laying on table Mr. Lamb's amendment to same 36S

To lay on table ilr. Cason's resolution for committee of 13 373

On th-" adoption of said resolution 374

On reading House bill No. 154 second time 383

On House bill No. 40 403

On passage of House bill No. 48 4114

On passage of House bill No. 57 405

On passage of House bill No 58 400

On passage of House bill No. 02 407

On passage of House bill No. 82 408

On passage of House bill No. 83 400

On motion to lay on table House bill No. 96 410

On passage of House bill No. 110 411

On passage of House bill No. 72 415

On House bill No. 79 ^ 418

On concurring in majority report of Judiciary Committee on House bill No. 123 424

On reading House bill No. 187 by its title 4'2G

On reading same second time 427

On passage of House bill No. 17 428

On passage of House bill No. S3 428

Oil passage of House bill No. 78 42!)

On House bill No. 81 430

On reading House bill No. 188 second time 431

On passage of House bill No. 87 433

On passage of House bill No. 97 434

On pa.ssage of House bill No 139 435

On passage of House bill No. 107 430

On passage of House bill No. 114 437

On House bill No. lie 438

On passage of House bill No. 117 440

On passage of House bill No. 119 442

On passage of House bill No. 128 443

On passage of House bill No. 129 444

On passage of House bill No. 133 445

On passage of House bill No. 145 446

On passage of House bill No. 27 401

On passage of House, bill No. 94 471

On passage of Senate bill No.- 10 473

On motion to lay on table resolution relative to night sessions 474

On motion to lay on table motion to suspend rules and read House bill No. 221 second time. 479

On reading House bill No. 221 second time 4S0

On passage of House bill No. 109 4-84

On passage of Senate bill No. 15 4D8

On House bill No. 35 507, 509

On passage of House bill No. 75 509

758

Paob:.
AYES AND NOFS—

On passage of House bill No. 123 51!

On adoption of minority report of select cominittee on Senate bill No. 6 HVS

On passage of Senate bill Xo. 6 .5i:!

^ On passnce of Senate bill No. 20 514

On passage of Senate bill No. 22 51;')

On passage of Senate bill No. 26 51ti

On passage of Senate hill No. 32 517

On suspension of rule, and to read House bill No. 215 by its title 5-ti

On House bill No. 30 rX;

On passage of House bill No. 147 5;!4

On passage of Senate bill No. 24 5411

On passage of Senate bill No. 30 54"<

On reading H ouse bit 1 No. 242 second time 5-0

On engrossment of House joint resolution No. 21 5UI

On passage of House bill No 94 5ii;;

On adoption of Mr. Harney's resolution (page 524) 50,1

On reading House bill No. 248 second time 6(Ht

On passage of House bill No. 47 602

On passage of Hou.se bill No. 91 60l'

On House bill No. 102 603

On House bill No. Ill 604

On House bill No. 118 60">

On passageof House bill No. 130 G0«

On laying on table House bill No. 137 007

On passage of House bill No. 142 60.S

On passage of House bill No. 143 600

On pa.ssage of House bill No. 149 600

On concurring in minority report on Senate bill No. 83 617

On referring House bills Nos. 206 and 85 to committee of five 61'.'

On laying on table llr. Griffith's amendments to House bill No. 221 622

On layjng on table Mr. Cason's motion to refer said bill to judici.ivy 023

On excusing Mr. .\nderson from voting 02.'1

On ordering previous question on House bill No. 22 1 624

On ordering said bills to be engrossed 625

On question of amending resolution ol adjournment 03.''i

On motion to lay on table resolution to arrest ab.sentees 667

On call of the House 700

On suspension of rule and reading House bill No. 259 second time 730

BAKEUTIMOTHY-

Appeared and was qualified !>

Eesolution by 33

BEYERLE, HENRY J.-

A ppeared and was sworn 4

Bills introduced by 322, 452

Jf oti ons by 242, 344

Resolutions by .38, 07. 114

BIRD. OCHMIG—

Appeared and was sworn 3

Bills introduced by 35, 63

Motionsby 7, 49, 78, 91, 2i7, .330, 332, 504, 663, 080

Resolutions by 49, 202, 693, 710

759

, BLOCKER, DANIEL—

Appeared and was sworn r>

Bills introduced by 45 1 477

Motions by 77 7,'-,^

ResolHtions by 194 rjo

BRANHAM, DAVID C—

Appeared and was sworn.. 4

Voted for for Speaker H

Motionsby 18, 77, 146, 200, 277, 501

Resolution by 5<H»

liKOGAN, ALFRED—

Appeared and was sworn 4

Bills introduced by Til

Resolutions by 215, '74*'

BROWN, JASON B.—

Appeared afld was sworn 4

Bills introduced by 63, 104, 170, 291I

Motionsby 18,32,37,39, 44,50,84,98, 107, 119, 120, 122, VM

148, 152, 171, IP.-!, 215, 222, 225, 23S, 234, 238, 230

248, 2.52, 2,'-.0. ■,-i8, 335, 427, 475, 501, 504, 559, 6I«

635, G53, 663, 664, 667, 693, 733

Resolutions by 26, 39, 52, 68, 135, 201,335, 529,634,744,74".

BUDD, CASPAR-

Appeared and was sworn ."i

Bills introiiuced by 207

Motions by 2.jI>

Resolutions by 121,274

BURTO>'. STF.PHEN G.— *

A ppcared and was sworn 5

BilMntroducedby 104, 133, 217, aeii, :j8.')

Mo' ions by 59

Resolutions by 20, .57, 115,216, 649

BUSKIEK, SAMUEL II.—

Appeared and was sworn ■ .''i

Elected Speaker i>

Bills introduced by 557, 654

Motions by 61, 126, 277, 474, 598, 7.-;3

Resolutions by 702,734

CASON, THOMAS J.—

Appeared and was sworn -■■•

Motions by .i40, 241 , 247, 321, 336, 361, 403, 479, 621 , .522

Resolu ionsby 97, ll'2, 134, 135, 163,372,536.747

CASS, LEVI A.—

Appeared and was sworn •"•

Bills introduced by 49, 219

Motions by 67, 188, 516

Resolutions by 1 13, 120

760

Page.

CHAMBERS, ABRAHAM—

Appeavcil and was sworn 6

CLERK, PIirSClPAI^-

A. T. Yv'hittleeey, elected and sworn 8 ,

Henry C/awfortl voted for g

CLERK, ASSISTANT— ' .. . '

Joseph J. Davis, elected and sworn 10

Oliver Mussulman voted for 9

COLLINS, PHILEMON—

Appeared and was sworn 3

Motions by 3T, E3

Resolutions by 31

OOMMITTEES, STANDING—

Announcement of by Speaker 40

COMMITTEES SELECT-
TO invi'e minister to open session of Genei'al Assembly 12

To wait upon Governor 15

On stationery 17

On revision of rules and joint rules 20

To inform Governor that General Assembly was not in session ;i2

To ascertain number of drafted men in regiments of nine months men 32

To examine and report on rates of transportation of railroads 39

On House bill No. 2 39

if On illegal arrests 40

On joint rules 44

On officers and employees of House 47

To wait on Governor to ascertain when he will deliver message 52

On matters relating to enforcement of the 13th article of the Constitution 68

To confer with State Librarian relative to committee rooms ., 85

To obtain supply of revised statutes 125

On memorial to Legislature of New York 1B2

On resolution of thanks to General Rosecrans 173

On cost of Brevier Legislative Reports )S4

On House bill No. 77 ' 191

On communication from Governor relative to his annual message 215

On Senate bill No. 6 219

On legislative apportionment 244

On Congressional apportionment 24-1

On inviting legislatures of Kentucky and other States 245

To examine arsenals under control of the S ate 245

To examine and report as to absence from library of House .Journal of 185S 245

On joint resolution No. 15 -"IS

To accompany the remains of Senator Shoulders 259

Of arrangements on occasion of death of Senator Shoulders 259

Of five relating to employees of House 264

On resolution relative to order of Col. Carrington 277

• .' To investigate expenditures of appropriations of $100,000 and $1,000,000 of IHCl 298

To investigate Quartermaster's department 299

On House bill No. 92 2'55

To visit the military hospitals of Indianapolis 338

To correspond with Secretary of Treasury and Paymaster General of United States 340

To investigate charge of Mr. Branham of disloyalty of members of House 363

Of 13 raised by compromise resolutions of Mr. Cason 379

On Senate bill 70. 15 3^^

761

COMiniTEES, SELECT— '^■^'''''

On expediency of reorganizing judicial circnits and districts l (4

On House bill Xo. 167 473

Of arrangemontb for raising flag on State House .1.-3

On House bill Xo. 91 506

On House bill No. 115 jj]

On House bill No. 213 .■;._>4

On House bill No. 242 5,;(l

On Senate bill No. 33 57.3

On Senate bill No. 57 .-71^

On Semite bill No. 3R 579

On House bill No, I'0 600

On Hou-e bi'l No 137 0(17

On House bills Nos. F5 and 200 (;19

On House hill No. 24? Bjj.

On c!:\im of George W. Armsden G79

To investigate canal lands and funds t;99

Snbcomniilteeon arbitrary arrests, to sit during vacation 730

Auditing committee on part of House 733

To investigate disbursement of two million loan, and expenditures of State Quavtennaster'.!

department. State Arsenal and Benevolent Institutions T!6

To wait upon Governor 747

COMirUNlCATIONJ—

From President of Senate 31

„ From State Librarian Gl, 109

From President of the Bank of the State 94

From Auditor of State ll.j. 205, 6S8

From Governor 134, 136, 37G, 377

From Treasurer of State 146

From JM'ijor General Indiana Legion 149

From .4 djut ant Genera! .149, 236

From Attorney General 150

From Lewis Bollraan 190

From Superintendent Public Instruction 235. 650

From State Board of Agriculture , 268

From Superint ndent of Institution for the Blind 338

From President of Commissioners of Sinking Fund 338, 656

From Col. Carrington 395, 511

From .lacob Vandegrift 438

From President of Institution for the Deaf and Dumb 500, C.o9

From Mnjor General Rosecrans 657

From citi'zens ol Monroe county 659

From Superintendent of Asj'Ium for the Insane 6f-9

COOK, STEPHEN B.—

Appeared and was sworn 3

Bills introduced by 479

Ee-olutions by S5, 235

Calls of the House 348, oOS, 635, ';36, 630, Ci32, 664, 605, 675, e.S'J, 693, 7(.;0, 731, 751

DAVIS, AMOS—

Appeared and was sworn ■*

Bills introduced by ■'*'•'

Resolutions by 234

De BEULER, WILLIAM H.—

Appeared and was sworn '

762

Pagk.

DONALDSON, RICHARD F —

Appeared and was sworn "i

Bills introduced by SS-I

Motions by eS, Sfi, 91, 93, 100, 121, 123, 156, 421,427,512,611, 6oi

Resolutions by ^>, 231, 317, 74"

DOORKEEPER—

Benedict Burns elected and sworn W

Elisha Spelmaii voted for in

ELECTIONS—

Of L'nired Staler Senators G'-'

Of Agent of State 72

Of President of Board of Sinking Fund 74

Of State Librarian 7.')

Of Directors of State Prison South 137

Of Director of State Prison North 14(1

Of State Printer 144

Of Commissioners of Sinking Fund 104

Of Directors of Bank of the State IGT

FERRIS, EDWIN P.-

Appeared and was sworn ;"

Bills introduced by 170, 171, 38G, 4r)l, 45-'

Motions by 9, SO, 244, 409

Resolutions by 32,79,286,320,4(12

FORRESTER, .lAMES-

Appeared and was sworn +

Bills introduced by G2. 63, 2ii(i

Motions by '■"'

Resolutions by "^i

GARVIN. THOMAS E.—

Appeared and was sworn •'

Bills introduced by • 44, 117, 322, 323, 6ri:t

Motioniby Hfl

GIVEN, NOAH S.—

Appeared and was sworn ••

Bills introduced by 49, 63, 183, 218. 27", 279, 3S5, 43!

Motions by ^'>. 44, 3W, 431

Resolutions by 23. 49<1, 69-J

GREGG. JAMES M.—

Appeared and was sworn ■*

Bills introduced by 1P>'

763

Paok.

GREGORY, BKXIAMIN F.—

Appeared and was sworn 5

Bills introduced by -18, CI'. 1(0, lOS. 164, 217, i!T9, ilSO, 3H3, 47S, 506, 550

Motions by 193, 'J''l

Resolutions by 77, 100, 125, 217, i75, 28H, o81, +Tii

CKimTH, FRANCIS P.— _ v

AppPiired and was sM oni 4

Bill, introduced by 169, 394, 395

Jlotions by .5.-. 07, 1^*1, i2;i, 343, .SGS, 374, 4.".ii. 45,^. 5(I3. 5811, 6;I

Protest by ii'M

Resi'lutious by - 14, 15. 31, 111. 249, 345, 572, b34, 652,734

HALL. WILLIAM S.-

.\ppear- d and was sworn-' •"

B lis introduced by 278, 47H

Motions by 84, 237, 52f,

Resolutions by 47, 113, 273, 55G

■HAXNA, BAYLESS \V.—

A ppeared and was sworn •'>

Bills introduced by 321, ,384, 479, .55><, 054

Motions by 22. 31, 93, 222, 224, 241, 242, 247, 321, 346, 422, 449, 450, 479, 560, 599. C19, 622

Resolutions by 13, 54, 88,101, 127, 133, 134,339,346

HARDIN, AARON L.

Appeared and was sworn '

BARUEN, JAME

Appeared and was sworn

Bills introduced by. ... , ^^•'

Motions by •'"■*• •* "'

Resolutions by.

HARNEY. JAMES F.—

44'J

Appeared anil was sworn ^

Bills introduced by.

387

Motions by 35.67, 90, 9 L 101, 109.162, 193,237,271,587

Resolution, by ,34,158,180.231,524,587,714

BERSHEY, .JOSEPH M.—

Ajipearcd and was sworn

bills intioiiuc"d by

HETFIKLD, SOLOMON—

.\ppeared and was sworn
Bills introduced by

HIGGINS, W. W.—

Appeared ami was sworn.
Bills introducf d by

182

.102. 132. 171

Motions bv 1,^4. 239, 253, 34,^ 362, 372, 418, 474, 010

Resolution, by 78, 101, 124, It-S

HOLCOMB, SIL\S M.-

764 ■ • - ■

Page.

Appeared and was ^worn ^ ,. -1-

liill.s introduced by 201

Motions by. .16, 21, 30, H7, 46, 55, 64, ioG, ITJ, 172, 174, 22i, 23!t,240, 241, 410, 504,599,620, 679, C93
Rctolutions by '. 18, 46, 157, 173,217, 381,506, 562

HON, GEORGK H.—

Appi'ared and w,is sworn 5

Motions by 473

He- olutions by 85, G52

HOSTKTTr:^, SilEailAN—

Appeared and was tworn 3

■ Bills i- troduced by 3S7

ilo' ioDS by 1 19

Resolutions by 51, 112, ir.7

HOV.'AKl), .mXAS G —

Ajipeared and was sworn : 3

Bills introdnced by 387, 518

Motions by 433, 559

Resolutions by 709

HOWELL, GEORGE—

.Appeared and was sworn 6

Motions by 333

HOWK, Gf:(JUGE v.—

.Appeared and was swor:i 4

Bilh introduced by 261, 278, 279, 3-24, 386, 451,477,4?!

Motions by 127, 154, 305, 666

Resolutions by 20, 84, 134, 179, 402

HUilPHREYS. JOHN M.—

Appeared and was sworn 4

Bills introduced by 387, 452

Motions by 248, 571, 675

Resolutions by - 81, 100, 202, 205, 274

HUTCHIXGS, JUHX—

Appe.ared and was sworn 4

Resolutions by 1(14, 118, 274

JAMES, HENLEY—

A ppeared and was sworn 4

Bills introduced by 48

Motions by 202

JOKN'SON, JARVIS J.—

Appeared and was sworn 5

Billi introduced by 133, 3S5

Resolutions by 47, 10], 203

765

Taok.
JO^^ES. OLIVF.K T.—

A| 'pearcd and was sworn 8

Bills introduced by .'i!l5

Resolutions by 13, U4, V.ii, 179, 232, r,K, 4.J0

KEMP, BESJAillN B —

Appeared and was sworn ' i

Bills introduced by 116, 5)7

KEilP, JOHN W.--

Appeared and was sworn 5

Bills introduced by 387

Motions by 221

KEXDRICK. WILLIAM H.—

Appeared and was s'.v;irn 5

Petitions by -16, 156

Bills introduced by. 476

notions by 61

Resolutions hv 61), 163, 181

KILGORH, ALFREIi—

Ap[)Pared and ^vas sworn -4

Bills introduced by IIG. 117,001

Motions by 526.075

R. solutions by 'JfiS, Wa. 5fc7

I^VKE, RICHARD—

Appeared and was sworn 5

Bills introduced by 259

Resolutions by 99, 289, ,145

LAMB, ROBERT M.—

Appeared and was swcm 5

Bills introduced by 88, 182, 27?, 3-22, 451

Motions by IPS, 194, 195, 220, 223, 225, 244, OSO, 315, 347, 3S5, 433, 435, 474, 510

Resolutions by.. 39, 15(

LASSELLE, CHARLE.S B —

Appeared and was sworn 3

Bills introduced by • 118, 133,265, 452, 453, 4S1, 654

Motions by ". 33, 104, 194. 195, 222, 263, 2'j?, 333, 334, 442, 501, 734

Resolutions by •■ 101, 117, 380, CG6

LEE, JAMISON—

Appeared and was sworn 5

Motions by 1''^

Prolest by ■ T47

U.EDS, JO>I.'iH M.

Appeared and was sworn '• ^

Bills introduced by 11". 118. 170, .38.5

Motions by "^-' ^30

Kusolutions by ^^

766

Page.
'..KJIMON, JOHN—

Appeareil and was sworn ■ 4

Rills introduced by 110

iJC.MAIOX, JAMES W.—

Appeared and was sworn 5

Bills introduced by 64

Resolutions by 316

MARSHALL, JOSEPH—

Appeared aud was sworn 4

MASON, JAMES L.—

Appeared and was sworn •I

Bills introduced by 169, 450,571

Motions by 92,315,335, 417

liesolutions by 30, 50, rS, 1 22, 287, 445

AliCAUGHEY, SAMUEL— >

Appeared and was sworn 4

Bills introduced by 170, 200, 260

Motions by 177, 207

Resolutions by 708

MESSAGES OF GOVERNOR—

Informing House of authority of his Secretary to coniniunionte with them 22

Relating to back pay of Indiana soldiers '.124

Approving various bills passed by House 147, 412, 43'J, 550, 655, 691,716, 736

On distribution of arms and numitiuns of war 3fll

On operations of Arsenals 550

MESSAGES OF SENATE—

.A.nnouncing organization of Senate 9

On appointment of conmittee to wait upon Governor I'i

On appointment of committee on joint rules 44

On resolution of House relative to election of United States Senators 53

On appointment of committee to wait on Governor concerning message 53

On passage of Senate bill No. 1 56

On election of Sinking Fund Comniissioners, Stale rriiiicr and Librarian 64

Concerning joint rules 77

On passage by Senate of House bill No. 26 '.U, 129

On concurrent resolution of Senate thanking Morton an<l Ro.secran.■^ 12S

Concurring with House as to time for election of State Prison Directors 129

On appointment of joint committee on revision and printing of statutes 132

Announcing passage of Senate bill No. 6 and joint resolution No. 1 147

Announcing j'assjge of joint refolulion No. 2 by Senate 164

On election by Senate of Bank Directors and Sinking Fund Commissioners 174

Announcing passage of Senate bill No. iO ISO

On Senate bill No. 47 20S

On appointing committee to i vestigate expenditures of Qu irterniaster's department 252

On appointment of committee on Congressional apportionment 291, 254

On appointment of conniiiltee on legislative apijortionment 254, 291

On appointment of committee to investigate expenditure by Governor of Military Contin-
gent Fund .ind the one million appropriation of 1861 254

On the occasion of the death of Senator Shoulders 257

On passage of Senate bill No. 15 340

767

Paob.

\I?;SSAGES OF SFNATE—

On pa.=sai;e of Sennte bills Nos. 16, 17, 20, 22, 24, 20, 30 and 32 341

On passage of Senate bills Nos. 28 and 33 342

On ciincurrence in resolution of House as to correspondence with Secretary of Treasur}'. ... 353

On passage of House bills Nos. l."> and 140, and Senate bills Nos. .SO, 76, 93 and 102 360

On passage of Senate bills Nos. 3!), 51, 62, 66, 69, T3, 82, 87 and 90, and joint resolution No.

5 367

On presenting Senate bill No. 10 for signature of Speaker 3C8

On passage by Senate of Senate bill No. 52 and House bill No. 28 422

Oh passage of House bill No. 28 436

On passase of Senate bill No. 38 447

On resolution of Senate relative to reports of geological survey 454

On presenting Senate bill No. 16 for signature of Speaker 501

On presenting Senate bill No 93 for signature of Speaker 514

On passage of Senate bills Nos. 58, 42, 40,37,85, 45, 54, 59. 74. 112, 13 and ,57 518

On concurrence in amendments of House to Senate bill No. 15 521)

On presenting Senate bill No. 15 for signature of Speaker 529

On passage of Senate bills Nos. 83, mi. 72, 97, 125, 18,99,96 and 126 535

On preeenting Senate bills Nos. 6, 26 and 32 for signature of Speaker. 542

On presenting Senate bill No. 20 for signature of Speaker 547

On passage of House bill No. 59 547

On presenting Senate bill No. 22 for signature of Speaker 559

On passage by Senate of House bill No. 44 563

On passage by Senate of concurrent resoIuti"n relative to Indiana soldiers 572

On passage of Senate bill No. Ill , 620

On passage of Senate bill No. 79 •^•'7

On passage by Senate of House bill No. 94 638

On presenting for signature of Speaker Senate bill Mo. 206 651

On passage of Senate bills Nos. 98 and 114 651

On passage of House bill No. 91 661

On presenting for signature of Speaker Senate bill No. 30 661

On passage of House bill No. 149 665

On passage of House bill No. 57 and joint resolution No. 15 67i!

On passage of Senate bills Nos. 103, 147, 78, 13S, 89, 23, 109 and 124 673

On passage of Senate bills Nos. 146, 150, 106, 170, 164, 141, 137 and House bill No. 66 677

On passage of House bills No.s. 57, 142 and 16, and joint resolution No. 15 . . - 685

On passage of Senate bills Nos. 54, 156, 121, 108, 117, 110, and House bills 110 and 147 087

On passage of House bills Nos. 17, 107, 114, 48, 95, 82, 20, 78 and 142 695

On passage of House bills Nos. 27 and 143 > ""<•

On passage of Senate bills Nos. 131. 139 and 140, and House bill No. 69 701

On passage of concurrent resolution on national troubles 702

On passage of House bills Nos. 75, 109, 129 .-tud 145 709

Announcing appointment of Auditing Committee 732

On concurring in amendments of House to same '43

On concurrent resolution to appoint commissioner on fr.indulent live per cent, stocks 744 •

Announcing appointment of committee to wait on Governor 746

Announcing adjournment of Senate nine die ^.52

UiLLER, CORNEUUS J.—

Appeared and was sworn • •'

Bills introduced by 3S, 48, 89, 132, 171, 187, 217, 260, 261, 278, 476, .506

Motions by - . . •12, 66. 272, 295, 315, 330, 356, 362, 315, 419, 484, 508, 572
llesolulionsbv.'. .'.■..'.'. 15, 23, 54, 111, 114, 124, 380, 393, 505, 558, 571, l92

.\llLROy, JOHN B.—

Appeared and was swoin

Bills introduced by 181,290,385,451

Motions by 181,561,679,751

Resolutions bv 54,107,123.346,388,395,573

768

Page.

MOOltirAX, JOHN A.—

Ajipoiired and was s-worri ; 5

Bil!.» introduced by SG.322

Motions by 33, 3(i, 64, 224, 267, 269, 288, 30G, 42G, 475. 570, 611

Resolutions by 14, 10,78, 317

MOIIGAN, CIIAULKS ]).—

Appeared and was sworn 4

Bills introduced by 117, 3S4, 396

Motions by , 259, 364, 527

Kesolutions by 17, S3

MUSTARD, SAMUEL—

A[!penred and was sworn 5

Bills introduced by 557

Kesolutions by 158, 289

MUTZ, JACdli— .

Appea red and was sworn 5

Bdls introduced by 131, 16 1, 380

Mot lou.s by DO, 6Gi2

llesoliuions by ^ 23, 124

' . N.

NEWMAN, EDMOXD B.—

Appeared and was sworn 6

Bills intruouced by : 44, 48, 181, 324, 452, 478, 50S

Motions by 24, 50, 66

Resolutions by 14, 2), 22, 01, 114, 203, 274, 289, 318,394, 475

NIBLACK, WILLIAM E.—

Appeared and was sworn 4

Bills introduced by 86, 132, 181, 2(!C, 277, 318, 386, 451, 4.53, 476, 556, 571, 654, 730

Motions by .' 6, U , 22, 32, 56, 62, 65, C5, So, 86, 105, 187, 195, 203, 258, 31S

319, 379, 390, 393, 439, 442, 469, 473, 503, 508, 524, 526, 587

592, 593, 618, 634, C52, 666, 67:i, 679, 692, 730

Resolutions by 11, 29, 68, i)G, 99, 131, 136, 15G, 1G2, 267, 273, 31G, 393, 443, 730

NOYES, ENOS B—

Appeared and was sworn 5

B.lls introduced by 49, 103, 218

Motions by 20, 49, 80

O'BRIEN, JAMES—

Appeared and was sworn 4

Bills introduced by -■ . 218, 261, 386

Motions by 185, 430

Resolution, by 186

O'BRIEN, JOHN R.—

Appeared and was sworn 5

Resolutions by 101

O3B0RN, RE DIN—

Appaared and was .sworn 4

Motions by •• 10

769

OEDKR OF BUSINESS-
Aiinounced

TACXAKD, MARCUS A. 0.—

Page.

Appeared and was sworn , r

Bills introduced by 03, &9, 131,2(54,265,387,557

Motions by 17, 23, 28, 40, 49, Cij, 100, 108, ]-26, 190, 222, 225, 230, 231, qOG, 330, 347. 363,

304, 470, 501, 699, 709

Resolutions by 12, 32, 33, 40, 55, 02, 93, 152, 183, 20] , 202, 204, 207, 220, 232, 317, 334, 38]

558,659,734,737

PEJ^BUiTON, ACHILLES V.—

Appeared and was sworn 4

Motions by ,jq

Resolutions by 215

PEBRY, IvUSSELL V.—

Appeared and was sworn ^

Bills introduced by jOg

Motions by 171^ 393, :j35, 579

Of H. C. Pease, relating to Insane Asylum 46

Of Samuel Fay, relating to immigration of negroes , 46

Of James Good, relating to protection of wild game 46

Of E. Farham, relating to amendment of road law 53

Of Milton Utier, on enforcing 13th article of Constitution 94

Of Lewis Walters and others 95

Of sundry citizens for more stringent laws on temperance 153

Of citizens of Johnson county for enforcement of the 13th article of the Constitution 153

Of sundry citizens for grant of land for improvement of agriculture 154

Of citizens of Miami county for alteration of collection laws 154

Of N. F. Cunningham , 175

By Mr. Gira!>, for protection of stock along the line of railroads 195

Fi-om citizens of Johnson coun y, relating to negro immigration J95

By Mr. ft 1 eyory. for change in school law 227

By Jlr O'livien of IT. for change of lav.' iis to road corporations 245

By Mr. f lamia, asking chan. c in coUeclion laws 245

lly Mr. Jlibiaol;, on same subject .' 246

By Mr. Shoaff of Allen, on same subject .246, 450

From A. J. Cotton, of Dearborn county 246

By Mr. Newman, asking for taxation of colored persons for schools 246

Ey Mr. Giva?i. remonsirance relative to Courts of Cnnimon Pleas 269

By Mr. Roberts, remonstrance to Senate bill No. 28 270

By Mr. Hall, petition relating to turnpikes and incorjjorated towns 270

By Mr. Woodruff, relating to education of children of colored persons 270

By Mr. Anderson, relating to law ''or collection of debts 270

tiy Mr. Harney, from citizens of Monlgoreery county, on enforcement of the 13;h article of

the Constitution 270

By Mr. Miller, relative to Sinking Fund 279

By Mr. Pettibone, relative to roads otO

Ey Mr. Howk, in relation to conscientious exempts 280

By Mr. Woollen, in relation to enforcement of the 13th .\rticle of the Constitution 280

By Mr. Leeds, in relation to collection of debts 280

Ey Mr. Wolfe, memorial from Democrats of Owen county 306

By Mr. Hanna, remonstrance against abolishing Court of Common Pleas 306

Of Samuel Patterson 307

H. J.— 49

770

Of citizeus of AV abash county, on collection laws 307

Memorial of citizenaof Vandevhurg county, pvayiiig reimbursement, &c 340

Petition of C. E. De Wolf 349

By Mr. O'Brien of H. on collection laws 368

By Mr. Higgins, praj ing law to organize horse thief companies 369

By Mr. Pendleton, on enforcement of the 13th article of the Constitution 389

By Mr. Hetfield, relative to printing advertisement of delinquent lands 389

By Mr. Packard, for more stringent election laws 412

By Mr. Richardson, asking legislation to protect fur-producing animals 412

By Mr. Baker, memorial from citizens of Noble county 423

By Mr. Garvin, memorial from citizens of Vanderburgh county 423

By Mr. Hali, petition from citizens of Decatur county, on enforcement of the 13th article of

Constitution 423

By Mr. Roberts, of R. D. Brown, to increase salary Oi State Librarian 447

By Mr. Hanna, relative to employment of German teachers in common schools 459, 594, COO

By Mr. Bird, petition of Ann Vizard 487

By Mr. Shoaff of Allen, remonstrance against change in collection laws 487

By Mr. Hardin of P.. petition asking release of certain lands from taxation 488

By Mr. O'Brien of M., praying change of name of town of Memphis 488

By Mr. Shoaff of .lay, for law prohibiting negroes bearing arms 536

By Mr. Hetfield, on the same subject 537

By Mr. Packard, praying for establishment of additional military board 537

By Mr. Hanna, asking change in road law 594

By Mr. Perry, remonstrance against passage of canal bill 594

By Mr. Biocher, memorial on the subject of the war 594

By Mr. Tarkington, memorial from Messrs. Morrison & Ray 594

By Mr. Hardin of P., petition of Wm. Mason of Perry county 000

By Mr. MiUer, for suspension of collection laTifs 611

By Mr. Newman , from citizens of Wayne county 612

By Mr. Hetfield, asking law regulating tolls on bridges 612

By Mr. Roberts, a.sking re-survey of section lines 612

By Mr. Hall, memorial in reference to the war 659

By Mr. Packard, petition relative to temperance law 692

PETTIBOXH, DAVID K.—

Appeared and was sworn 4

Bills introduced by -^'

PRIEST, GEORGE W.—

Appeared and was swcrn ■' °

Resolutions by 99. ^34, 4S2

PUETT, AUSTIN M.—

Appeared and was sworn : ■ •>

Bills introduced by lO'*

Motions by 48, 50, 56, 250, 261, 693, 731

Resolutions by ' 4G, 48, 210, 099

PROTESTS—

By Mr. Griffith and other members 208

By Mr. Lee '^'

KEITZ, JOHN A.—

Appeared and was s%voru ''

Bills introduced by H''

Motions by 219. 693

771

Page.
REPORTS OF COimrn"EE ON ELECTIOXS—

On contest of seats of members from Mariou county 246

On House bill Ko. 36 , -jilj

Majoriiy report on joint resolution Xo. 9 ij.-

Miiiority report on same -j-IT

Majority report on joint resolution Xo. 12 247

Minority report on same 247

Recommending passage of House bills Xos. 200 and 21^9 012

Matters reported by back by 710

KEPOIlTS OF COMMITTEE OF "WAYS AND MEANS— •

On employing a clerk for said committee 02

On Senate bill No. 1 g.j

On tbe subject of claims 110

Recommending that House bill No. 3 lie on the table 154

Introducing House bill No. 139 307

Reoommending that House bill No. 71 lie on the table 403

Of examination of two millions bonds for public defense 488

Of examination of six per cent, war loan bonds 4S9

V Of examination of treasui-y notes on scrip 490

Introducing House bill No. 226 491

Of examination of condition of free banks of State 491

Recommending that j oint resolution No. 33 lie on the table 620

Relating to fraudulent State stock 638

Recommending that House bill No. 136 lie on the table 671

Recommending passage of House bill No. 22G 671

Returning certain matters to table of House 71U

Recommending passage of .House bills Nos. 2.^8 and 259 730

On condition of the State treasury ■ 738

REPORTS OF COMMIITEE ON THE JUDICIARY—

On employing a clerk for said committee 90

On House bill No 31 177

On House bill No. 2 177

On resolution of Mr. Mustard (page 158) 178

On resolution of Mr. Grifnth (page 141) allowing soldiers to vote 178

On resolution of Mr. Hall (page 47) 178

On resolution relative to suffrage 196

On House bills Nos. 54 and .59 190

On House bills Nos. 6 and 7 197

On resolution of Mr. Miller (page 54) 197

On House bills Nos. 4, 15 and 22 19S

On resolution of Mr. Milroy (page 107) 199

On resolution of Mr. Miller (page 1.5) 199

On House bill No. 33 ■ 260

On House bill No. 20 281

On resolution to provide compensation for Justices in State cases 2S1

On resolution of Mr. Jones (page 203) 2c-'l

On House bills Nos. 64, 34, 48 and 39 2S2

On House bills Nos. 5, 57 and 40 283

On joint resolution of House No. 9 284

Oh House bill No. 58 285

Ob House bills Nos. 14, 85 and 46 307

Recommending passage of House bill No. 79 303

On petitions praying change in collection laws 303

Recommending passage of House bill No. S3 • 308

Recommending passage of House bills Nos. 54 and 02 309

Recommendmg passage of House bill No. 17 3Si!

Recommending that House bills Nos. 3, 90 and 47 lie on the table. 390

Recommending passage of House bills Nos. 75 and 107 391

Recommending passage of House bill No. 116 412

772

Page.
UF.rOETS OF COJi:«lTTKS OX THE JUDiCLARY—

Recommendiug passage. of House bill Xo. S7 413

Recommending that House bill Xo. 98 lie on the table 413

Recommending that House bill No. 68 lie on the table 414

Recommending passage of Hou> e bill Xo. 72 414

Recommending passage of House bill No. 133 415

Recommending passage of House bill No. 84 416

Reconmiendiiig passage of Senate bill No. 32 : 410

Recommending that Ilou'-e bills Nos. 8S, 12G and 86 lie on the table 417

Recommending passage of House bill No. 79 41S

Recommending passage of Senate bill No. 2G 423

Recommending passage of House bill No. 123 — majority report 423

Jlinority report of same 434

Introducing House bill No. 1S9 44.S

Recommending passage of Senate bill So. 22 448

Recommending the passage of House bill No. 147 459

Recommending passage of House bill No. 116 4G0

Recommending that Senate bill No. 33 lie on table 460

Recommending that House bills Nos. 70 and 134 lie on the table 461

Recommending passage of House bill No. 27 461

Recommending passage of House bill No. 142 4G2

Recommending passage of House bill No. 30 403

Referring resolutions to cominittce on trust funds 463

On Mr. Newman's resolution (page 274) 453

Recommending that House bills Nos. 99 and 101 lie on the table 464

Recommending passage of House bill No. 130 465

RecommendiHg passage of House bill No. 102 466

Recommending that House bills Nos. 21, 127 and 67 lie on the table 496

Recommending passage of Hou.se bills Nos. 137 and 12 497

Recommending passage of Senate bill No 15 49S

Asking discharge from further con.sideration of House bill No. 91 499

Recommending passage of House bill No. 47 490

Recommending passage of House bills Nos. 20S and 225 537

Recommending that Senate bill No. 28 lie on the table 537

Recommending passage of House bills Nos. 230 and 177 538

Recommending passage of House bills Nos. 209 and 1S6. 539

Recommending that House bills Nos. 148 and217 lie on table 539'

Recommending that House bill No. 179 lie on table 540

Eccommending pass.ige of House bill No. 181 544

Recommending that House bill No. 103 lie on the table 595

On Senate bills No. 66 and 39 613

' Recommending passage of Senate bills Nos. 42, 69 and 99 614

Recommending passage of Senate bills iSos. 101 and 112, and H. B. No. 63 615

Of m.njority and minority on Senate bill No. 83 610

Recommending that House bills Nos. 232 and 229 lie on the table. G41

Recommending that House bill No. 194 lie on the table : 642

Recommending passage of House bills Nos. 173 and 175 642

Recommending passage of House bill No/2n4 643

Recommending that House bills Nos. 222 and 216 lie on the table 643

Kecommending that House bills Nos. 240 and 243 lie on the table 644

Returning cert.ain matters to Lible of the House 729

MEPORTS OF COJlillTTEE ON 0RG.\N1ZATI0N OF COURTS—

On House bill No. 44 '• • ■ ■ 212

Recommending passage of House bill No. 81 3^9

Recommending to lay on table House bill No. 15 350

On memorial for aboIi.shment of Courts of Common Pleas 350, 351

On resolution of inquiry as to reconstruction of judicial circuits 350

Recommending that House bill No. 2 lie on table .''SO

Recommending passage of House bill No. 119 351

Recommending passage of House bill No. 33 3G0

On House bill No. 70 369

773

r.El^OET OF COMillTTEE OX OEGA>;iZATION OF COURTS-

Vxr.K.

Recommending passage of House bills Xos. 223 and 146 (128

Recommending passage of House bills No. 245 (32;)

EEPCLTS OF COMMTTEE ON BANKS—

Returning certain matters to table of House 710

REPORTS OF COMMITTEE OX EDUCATIOX—

On petitions re'.atbig to education of colored children 309, 4G6

]!ccommenc'ing passage of Senate bill Xo. 24 'M)

Recommending that House bills Xos 24 and 131 lie on the table 541

On resolution relative to amendment of school law 541

Recommending passage of House bill Xo. ISti. ' 542

Of majority and minority on Senate joint resolution Xo. 1 562

Ou resolution proposing amendment of Art. 8 of Constitution 5G3

On resolution of Mr. Hardin (page 449) 5G3

On resolution relative to interest ou loans of school funds 5G4

, On petition of sundry citizens of Perry county 564

On resolution of Uou-:e 595

On resolution of Mr. Lake (page 2S9) 597

On petitions relative to teaching German language in .schools 629

Recommending that House bill No. 135 lie on table U44

Recommending passage of House bills Xos. 203 and 231 645

On certain resolutions of House 655

Returning certain matters to table of Hou.^e , 711

REPORTS OF COMMITTEE OX" AFFAIRS OF STATE PRISON—

On condition of State prison, north 4D9

Eecocnmending passage of House bill Xo. 236 596

On proposition of Jacob Vandegrift 711

Report relative tc State prison, south 711

REPORT OF COMillTTEE ON S'^VAMP L.VNDS—

Recommending that House bills No. 234 and ISl lie on the table 629

REPORT OF COinilTTEE OX MILITARY AFI-'AIRS—

IjU communication of Governor relative to purchase of State arms 748

REPORTS OF COMMITTEE OX CLAIMS-

Recommending that House bill No. Co lie on the table 310

On claim of Philip ATainer 31U

On claim of R. L. &A. W. McOuat 310

On claim of J. S. Mahoney 310

On claim of J. E. Wilson 311

On claim of Delos Root <fe Co 311

On claim of J. B. Osgood 311

On claim of Indianapolis Gas and Coke Company 312

On claim of H. A. Fletcher & Co 312

On claim of J. H. Ross 31-

On claim of John Lanahan -J^S

Recommending passage of House bill No. 145 39G

On claim of Patrick Braum.

397

On claim of James Griffin 39 1

On claim of L. B. Brown.

397

On claim of Reinhart 397

On claim of James Russell 398

On claim of Larry Kennedy ^^^

On claim of Eallwig & Kindler 398

774

REPORTS OF COMillTTEE OX CLAIMS—

One

Cue:

One:

One

One:

One;

One

One;

One

One:

One

One:

One

One:

On c

One

Onci

One

On e:

One

One:

On e

On c

One

On c

One

On c

On e

One

One:

One

One:

One

One:

OTel

One;

One

One:

On e

One

On e

One

aim of T. W. Braden 399

aim of Charles C. Campbell 543

aim of C. A. Ferguson 543

aim of Jefferson Connty Agricultural Soeictj- 626

aim of Talbott-& Costigan 626

aim of G. Simonson & Son 620

aim of Spiegel, Tlaoms & Co 62G

aim of Elder, iTarkness it Bingham (;27

aim of N. F. Cunningham 627

aim of Bingham, Doughty & Co G2T

aim cf Indianapolis Journal Company ■ 628

aim of J. ileLene it Co 668

aim of Werden & Co 668

aim of Elder, Harkness & Bingham i^668

aim of J . B. Wilson 66S

aim of J. S. Walker .' 669

aim of Ramsaj' & Hcnning 669

aim of Euger & Caldwell 669

aim of Thomas Dorsey 669

aim of C. A. Werbridge 6T0

aim of John C. Dunn 670

aim of Elder, Harkness & Bingham 670

aim of Charles C. Campbell 670

aim of Morrison & Ray 671

aim of B. D. Angell 67S

aim of William Braden 67S

aim of George W. Armsden ■ 679

aim of William Sheets 679

aim of Thomas Barbour P80

aim of Peter J. Ehinehard 680

aim of Bowen, Stewart & Co 680

aim of Fitehey & Anderson 680

aim of MeCord & Wheatly 681

aim of Indianapolis Journal Company 681

aim of J. S. Walker 681

aim of Ballwig & Kindler 681

aim of J. H. Frazier 682

aim of E. L. & A. W. MeOuat 682

aim of James G. Douglass 682

aim of Hawthorn. 683

aim of A.M. Elkins 683

aim of William Wallace 683

aim of A. E. & W. H. Drapier 683

aim of George A. Biekwell 684

aim of Indianapolis Gas Light Company 689

aim of Joseph J. Bingham. - . G89

aim of A. Wilson 689

laim of J McLene 690

aim of Hogshire & Co 690

aim of James Griffin 090

aim of Semmons &Co 690

aim of Elder it Harkness 691

aim Werden & Co 697

aim of Julius Boettieher C9S

aim of William Braden 698

aim of Richard Henninger 698

aim of Bowen, Stewart & Co 698

aim of H. H. Dodd i- Co 714

[lim of Frank Costigan 717

aim of B. E. Sulgrove 717

aim of Bowen. Stewart & Co 734

775

Pagk.

REPORT OF COMMITTTEE ON THE TRUST FUNDS—

On resolution of Mr. Miller. C64

REPORTS OF COilMITl'EE ON FEES AXD SALARIES—

On House bills Nos. 9 snd 52 200

Submitting abstract of fees of officers 312

Recommending passage of House bill No. 112 351

Recommending passage of House bill No. 129 352

Recommending to lay on table House bill No. TS 352

Introducing House bill No. 150 352

Introducing House bill No. 180 389

On expediency of reducing fees of Clerks and Auditors 466

On resolution of Mr. Rippey, (page 381) 467

On resolution of Mr. Donaldson, (page 231) 46T

Recommending that Senate bill No. 19 lay on the table -167

Recommending the passage of House bills Nos. 143 and 32 468

•On memorial of R. D. Brown, on increasing salary of State Librarian 479

Introducing House bill No. 233 543

Returning certain matters to table of House 711

REPORTS OF COMMITTEE ON THE SI^'KES:D FUND—

Introducing House bill No. 151 354

Recommending passage of House bill No. 109 354

Recommending passage of House bill No. Ill 565

On resolution of Mr. Moorman (page 317), and reporting bill 630

REPORTS OF THE COMMITTEE ON THE RIGHTS AND PRIVILEGES OF THE INHABITANTS OF
THIS STATE—

On petition relative to the 13th article of the Constitution 212

On House bill No. 45 212

On resolution of Mr. Moorman, (page 203) 212

On House bills Nos. 51 and 55 229

Recommending that House bill No. 16 lie on table 389

Introducing House bill No. 186 420

Recommending passage of House bill No. 172 544

Rec.mmending that House bill No. 169 lie on table 565

On 3Ir. Newman's resolution, (page 394) 565

Recommending passage of House bill No. Ifll 565

On Mr. Woodruff's resolution, (page 394) :•• 5G6

Proposing amendments to House bill No. 121 645

Returning certain matters to table of House 711

REPORTS OF COMMTTEE ON RAILROADS—

On resolution of House 630

On Senate bill No. 97, recommending its passage 631

REPORTS OF COMIUTTEE ON MANUFACTURES AND COMMERCE—

On resolution relative to manufacture of flax linen, (page 450) 556

On resolution relative to cultivation of sorghum 6ol

REPORT OF COmilTTEE ON PUKLIC PRINTING—

On resolution proposing abolishment of oflice of State Printer 595

REPORTS OF COMMITTEE ON ROADS—

Recommending passage of House bills Nos. 96 and 25 3'2

On resolution concerning hogs running at large 314

On resolution on exemption of discharge 1 soldiers from road work 369

Recommending passage of House bill No. tS) 370

776

REPORTS OF COMMITTEE OiS"" ROADS—

Kocommeniling that House bill No. 56 lie on tbe table 547

Kecoinmending passage of House bills Ivos. 1154 ami 25 540

Eecouimenfliug passage of Senate bill No. 30 548

On petition of H. L. Fuller and other.s 54-9

Recommending passage of House bill No. 1130 59IC,

On petition of citizens of Steuben county 59G

Eecomnj ending that House bill JTo . lOi lie on table 632

Eecomniending passage of House bill No. 185 632

REPORTS OF COMMITTEE ON COUNTY AND TOWNSHIP BUSINESS—

On H ouse bill No. 18 120

On resolution relative to changing time for report of assessors 213

On House bill No. 27 213

On resolutions relative to abolishing office of Township Assessors 214, 28G

On resolution as to payment of county funds by county boards 214

On House bills Nos. 35. !)2 and 49 230

On House bill No. S2 285

' On resolution of Mr. Hutchings (page 274) 286

Recommending passage of House bill No. 128 354

Recommending that House bill No. 132 lie on the table 355

Recommending passage of House bill No. 117 357

Reporting Inexpedient legislation contemplated in House bill No. 108 357

Reporting inexpedient legislation contemplated in House bills Nos. 120, 114 and lOG 35S

Reporting inexpedient legislation contemplated in House bill No. 78 370

Eenorting that House bill No. 122 lie on table 468

Reporting passage of House bill No. 63 4ti3

Ecporting passage of House bill No. 120 545

Rep'ii-tins that House bill No. 174 lie on the table 545

On Mr. "Waterman's resolution (page 204) 545

Recommending: that K ouse bill No. 183 lie on table 54C

Ou petition of citizens of town of Memphis (page 488) 546

Recommending passage of House bill No. 171 546

Recommending passage of House bill No. 17n 547

Recommending passage of Senate bill No. 96 - - . 632

Recommending passage of Senate bill No. 97 ; 633

P.ecommendiug passage of House bill No. 197 633

On Mr. Waterman's resolution (page 570) 633

Eeoommending to lay on table Senate bill No. 58 '• 634

REPORTS OF COTvIMITTEE ON AGRICULTURE—

On House bills Nos. 63 and 23 359

On the petition of A. J. Cotton 359

On the communication of Lewis Bollman 360

Introducing House bill No. 152 370

On the practicability of amending law of licensing dogs 421

On claim of State Board of Agriculture 550

On 30int resolution No. 21, relative to Morrill tariff 550

Recommending passage of House bill No. 154 583

On House bills Nos. 196 and 193 5f^G

Returning certain matters to table of House 712

EEPOET OF COMMITTEE ON BENEVOLENT AND SCIENTIFIC INSTITUTIONS—

On establishment of printing office at Asylum for Deaf and Dumb 90

EFFORTS OF COMMITTF.E ON TEMPERANCE—

On House bill No. 118 409, 503

Recommending passage of House bill No. 214 573

Of majority and minority on House bill No. 85 Gl~

Recommending that House bills Nos. 14 and 206 lie on the talilc 618

Returning certain matters to table of House *■ 713

777

V\r,K.
KEPOKTS OF CO^lIJinTEE OX COKPORATIOXS—

On House bill No. 06 L'M

On House bill Xo. ?.2 llii

Reconmiending passage of joint resolution Xo. 14 -I'JII

On petition of Samuel * ddison and otliei-s 42(1

Eecommeuding passage of House bill No. !I4 -IG'.I

Kecon7mi.'nding passage of House bill Xo. 14!) 471

Eoccmniending pa-^sage of Senate bill No. 93 472

On memorial of AVestfield firavel Road Compiiny 472

I'.ccommendiiig passage of House bill Xo 50 30.^

RfCODuntnding passage of House bills Xos. 24 G nnd (i2 G47

Eeconjvaending passage of Senate bills Nos. 73 and 72 04S

Kcturning cc vtain mat-ers to table of Hou>e 712

EEFORT.S OF COMJllTTKE ON l^EDERAL EEL.\T10X:<—

RfcunniiC'nding pa.ssage of joint resolution X'o. 2 (54-<

licC'.'nimendioiT passage of substitute for various resolutions (149

Of minoriiy, by Mr. Given Wi

Eirurning certain matters to table of House Tl;5

Of r;i:ijor;ty on various subjects • ■ •• "17

EEFORTS OF COir.iiTTEE OX ENGROSSED BILLS—

See pages 120, 179, 2!4, 270, :;M, .160, 421, 440, 443, 520, 58G, 3SG, 034, fi :2. 737

EEl'ORT OF COJIillTTEE OX STATE LIBRARY—

Presented , -OU

KEPOETS OF COMMITTEE OX EXROLLED BILLS—

On House bill N^o. 26 1*"

On Hou.se bills Nos. 15 and 140 371

On House bill Xo. 28 •**!

On House bill No. 44 ■ '^^-

On House bill No. 91 '56:1

On House bill No. 194 ''"5

On House bill No. 94 "9-

On House bills Nos. 78, 110, 142, 147 and ,57 699

EEPOETS OF COMillTTEE OF THE WHOLE HOUSE-

On House bill X^. 139 ^^'^

On House bill No. 221 62U

EEI'ORTS OF SELECT COMMITTEES—

Of committee to wait upon Governor

On Stationery .

To inform Governor that General Assembly was not in session 33

On po.->tage stamps -

On rules

37,56

On committee rooms.
On House bill No. 2.

; 102

On illegal arrests ■.■.■.■.'.■.■.■.■.'.■.■.■■.■.■.■.■.■.■.■.■.■.■.■,■. lOD, 650

On revision of i ules "'__

Of committee to wait on Governor '-'

Of committee to procure from Senate report of Bank of State !•>•'

On memorial to General Assembly of New York '-fO

Oil Brevier Legislative Eeports -■'"■ ■^l'^

On employees of House "^

On resolution proposing conference with legislatures of neighboring States 2.1

To inquire of Governor as to disposal of drafted men 2,1

778

r^SPORTS OF SELECT COJIMITTEES—

On employees of House (committee of five) 27]

On joint resolution No. 15 361

On legislative apportionment, introducing House bill No. 187 426

On Senate bill No. 15, minority and majority reports 432

On Senate bill No. IS 472

On Hou.-se bill No. 92 504

On Congressional apportionment, introdncing House bill No. 227 504

On House bill No. 1G7 505

On Senate bill No. C — majority and minority reports 505

On House bill No. 213 507

On amendments to House bill No. 01 567

On House bill No. 195 57U

On House bill No. 11 570

On Hou^e I ill No. 77 5S()

On enforcement of the 13tb article of Constitution, and House bill No. 11 5SS

SUnorirj- report of same committee 592

On House bill No. 247 597

On Senate bill No. "3 ■ 597

Of Compromise Committee of 1.3 — mnjority report 600

Minority report of same 620

On House bill No 206 C5I

On raising flag on C.ipitol ., IJ55

On House bill No. 242, and substituting resolution 674

On resolution for relief of W- F. Mason 675

On claim of George W. Armsden C91

On obtaining Gavin & Hord's edition of statutes for distribution 693

Of last Legislature to inicstigate canal laiids and funds.. .; 089

On joint resolution of tb.inks to Governor Morton 713

On House bill No. 248 714

On claim of James Griffin 714

On Senate bill No. 58 714

On the condition of the State Arsenal 74-3

On Commissary and Quartermaster's departments. 745

To investigate charges of dislo.\ alty of members of House. 748

To visit hospitals in and about Indianapolis "• 74S

To wait upon Governor .' 751

PJCHAEDSON, JOHN T.—

Appeared and was sworn 6

Motions by 24

Resolutions by ISO, 382

EIPPET, MATTHEW—

Appenred and was sworn 4

Bills introduc d by 478, 507

Motions by 39

Resolutions by 3bl

ROBERTS, OMAR E.—

Appeared and was sworn 4

Bills introduced by -0, 26", 265

Motions by 12, 15,30, 32,01,07,83. 89, 146, 1-18, 154, 177,220,237,243, 252,262,28.^294,

334, 335, 337, 349, 361
Resolutions by 32, 109, 130, 181), 210.277,372,434,449, 475, 568,599

ROBIEON, PARIS—

Appeared and was sworn
Bills introduced by

779

Paok.

ROE, JOHN L—

Appeared and was sworn 4

r:YAN, THOMAS—

Appeared and was s«'oni 35

sehgeaxt-at-at;?!S—

iiicliae! Grifiin elected and sworn " 11

sh.U'Tk;;, neL'^on g.—

ppeared and was sworn 4

Bills introduced by 264

Motions by 157, ?.7i, 58T

Kesolutions by 5G, 110, 113,204

SHOAFF, JOHN P.—

Appeared and was sworn 3

Bilte introduced by 131

SHOAFF, SAMUEL A —

Appeared and was sworn ' 4

Motions by 549

Resolutions by. 287, 32o

SPEAKER—

Samue) H. Buskirk elected 6

Returned thanks. ~

Announced standing committees ' ■^O

Announced order of business 45

Decided as to suspension of rule 260

Delivered his valedictory "52

Declared House adjourned "52

SPENCER, ELI.TAH M.—

xAppeared and was sworn 5

Bills introduced by 103, 116, 170,260,384.477

ilol ions by 1 08, 1 1 9, 335, 510. 50 1

Resolutions by 97. 313

STONE, JOHN L.—

Appeared and was sworn 5

TARKINGTON, JOHN S.—

Appeared and was sworn 5

j3ills introduced by 103,452

Motions by 2», 190, 252, .372, 559

Resolutions by S4, 450

VAN BUSKIKK. PAXIEL R.-

Appeared and was sworn 4

Bills introduced by , 2G-J

Motions by 52,<67, '250, 344

Resolutioiis by 21, 100. l30, Sf^O

VEACTI, ADAil C—

Appi'dri-i! and w as .sworn 3

JloUoh^ by 348

WATEinrAX, SUT-KS—

Appeared and w.-is sworn -i

Billriintrodurod by 88, UV, 218, 2BU, 278, S22. 3S5, iTs, 4sl

Motitmsby loe, lOT, 184

Resolutions by 12, 30, 3!l, r>'2, 5li, 99, 121 , 203, 217, 275, 38 1 , 570, 5S7, G53

WOLfE, J.ACOE v.—

Appeared and was sworn 5

Bills introduced by SO, 132

Motions by 92, 154, 189, 302, 473

Resolutions by 51, 78, 116, 15G, 231

WOODRUFF, ISRAEL—

Appeared and was .sworn 6

Bills introduced by 64, 3S4, 394. 478

Motions by 289, 410

Resolutions by 15, 55, 97, 113,233,274, 393, 440, 449,513

WOOLLEN, THOMAS W.— .

Appeared and v."as sworn : 4-

Bills introduced by 218,601

Motions by G7, 7S, 235, 301, 374

Resolutions by 47, 99, 107, 124, 215, 332

781

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amend section 10 of an act entitled "
and Iiualilication of Justices of the P
on, powers and duties in civil c'ase,

•oved March 11 th , 1SG1

amend "an act to require surviving p
■aisenients in the ofiice of the Clerk o
to report the liabilities of the firm;'
to fix the place where such parlnersh
rejieal an act enlitled "an act to asci
salaries of tlie clerks of the .Suiirem
■tsof this State, of the Sheriff of th
;ius counties in this State, of County
ers, of circuit and prosecuting attoi

t for a violation of its provisions

divest the title to the county semini

qilemental to an act entitled ",
lonslitutioii;" apiiroved June 1
create the 18th Judicial Cireuit
ge and prosecuting attorney, a

amend the 406th section of an
and abridge the rules, practice
e courts of this State; to abol
to provide for the admiiiistrati'
iling and practice, without dist

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the jurisdiction and duties of, and providi"g compensatioi
dgei thereof,' approved May 14, 1852, so as to extend the ,

1 of said Court in certain cases"

vidmg lor the more effectual enforcement of the 13th artic
tate Constitution, defining what shall be contempt therefoi
ing such contempt in certain cases to be felony, and prov
iment therefor

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ameud the (ith si'Ctioii of an i;ct to tix the times of holdin
ion Pleas Courts in the sev -al counties of the State, the dm
; terms thereof, and niakiu/ all prores- from the present Co;
Courts returnable to such terms, and declaring when thi
take effect, and repealing all laws inconsistent therewith
d March 5. 1859 _ _

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egalize the acts of certain civil officers in this State who hav
the military service of the United States, and whose duties

discharged by deputies during their absence

prohibit judges of the Common Pleas Court of this State
cing as attorneys in any of the inferior Courts within thei

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luiriiig railroad companies in the State of Indiana, to te
and furnish, on reasonable iioti<'.e being given lay persons off
p live stock or other frciglds over their railroad;?, or to or
ations or place of shipment thereon, a sulficient number
.ivps, freight cars and other rolling stock, to transport such fi

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jf process against corporations cro*trd by th
actions against such corporalions pending, o
e brought in the Courts of this Slate, whei
no officer or person doing business in the coun
re actions may be pending or may be com

to demand their fees in advance

ws oi the State, regulating the salaries of olli
onstrued as to permit the public officers thereo
in advance, and repeal all laws coming in con

.a
o

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.tion of an act " to provide for a general systei
3 officers thereof, and their respective powei
s properly connected therewith, and for the es
ation of township libraries, and to repeal a

villi >' nnnvnvprl Mni-pb 11 IKIil .

tion of "an act to authorize Boards of Cominis
ounties in the State of Indiana, and the authori
city or town in said State, to make appropria
and to legalize certain appropriations therei
IV n. 1SP.1

3tion of an act entitled " an act to revise, sim
ules, practice, pleadings, and forms in crimina
of this Stale," approved June 17, 1852, and t
and district attorneys to administer oaths an

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of "an act to provide for a general system c
fficers thereof and their respective powers an
operly connected therewith, and for the estab
n of township libraries, and to repeal all law

of "an act for the relief ot borrowers of th
repeal the 4th section, and so much as apjilie
f the whole act entitled 'an act to extend t
ng Fund, Surplus Revenue Fund, Congressiona

funds, time of payment of loans, and prescrib
fficers in regard thereto,' approved March Z
jw mortgages may be substituted, and contain
specting the Sinking Fund, and its control an
ters properly connected therewith," approve

§^

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be:

cations c
and dut
service
tates in
eafter I
ns have
ite, whe

■ ° B ^A v'B ? a "V. «rS fiZ -r, bn% S.'-B?i ° a.3 .d a a ° '^ ^ ^,-^ Z'^

a -^

ecorde
at the
be so
salari

idditional p
3uit and Co
d the 10th
1 schools,
i and matt
it and reg
sistent the
id the 1st s
the severa
incorporate
ertain case
' approved
d tlie 20(h
abridge th
the Court
prosecutin
certify affld
ze sales of
and procee
nd section
schools, the
d matters
and regula
lit thcrowit
d section o
uiid, and t
king Fund
5 of the Sin
nd, and otl
uties of th
prescribing
[irovisions
ent, and m

".a

;ion and qualifi
diction, powers
11 to secure tlie
laws of other S
which may hei
such corporatio
ties of this St.

ingr

de th

not

their

11 authoriz
U to provi
cers, shal!
to receive
fiict with t
11 to give
of the Cir
11 to amen
of com mo
and dutie
tabli.shme
laws incoi
11 to ame
sioners of
ties of an
tions in c
specified,'
11 to amen
plify, and
actions ii
authorize
take and
11 to legal
guardians
ill to atne
common
duties, an
lishment
inconsiste
ill to amei
Sinking I
to the Sin
borrower
School Fi
ing the d
1859, and
ing some
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TITLES.

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an act providing for
e, and defining their
proved Juue 9, 1852.
125, 15G and 102, and

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chapter I of an ao
the rules, practice
this State ; to abol
for the adinin'stra
nd pradicc, withou

TIP IS 1RW- O

oviding for the elec
defining theirjuris

id June 9, 1832

an act to provide fo
hereof, aiid their re
connected there witl
all laws inconsisten

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tion of realpropertj

der of sale, and pro

such cases, and fo

ws in conflict there

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07 of an act entitle
actice, pleadings an
ibolish distinct form
ation of justice in
di.stinction betwee
proved I<>bruary 2d

fixed by this act, and declaring when this act sh
proved March 11, 1861, and providing for the reti
:.erms fixed by this act, and declaring when this ac
1 to amend section 2 of an act enti'ied "an act i
.iudit<'rs," approved May 31, 18.52, and increasin,;.
ipn.iltv nf the linnrls of ciinitv nn.iitnvs.

il to amend sections 152, 173, 199, 322 and 578 of
entitled "an act to revise, simplify, and abridge
Ldcadings and forms in civil cases in the courts of

sh distinct forms of action at law, and to provide
tion of justice in a uniform mode of pleading a
distinction between law and equity," approved Ju
11 to amend section 1 of an act entitle 1 "an act pr
tion and qualification of justices of the peace, and
diction, powers and duties in ci^'il cases;" approv

1 to amend sections 78 and 84 of an act entitled '
a general system of common schools, the officers t
spective powers and duties, and matters properly
and to establish township libraries, and to repeal

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1 supplemental to "an act providing for the redemp
or any interest therein, sold on execution or or
viding for the issuing of certificates of purchase in
tlie execution ofconveyaiic.es, and repealing all la

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11 to amend an act entitled "an act to amend sec. 4
'an act to revise, simplify and abridge the rules, pr
forms in civil cases in tlie courts of this State ; to i
of action at law, and to provide for the administr
uniform mode of pleading and practice, without
law and equity ;' approved June 16th, 1852;" ap
IRS.^ .

11 to amend the 122d section of an act entitled "
the election and qualificationof justices of the peat
iurisdiolion. powers and duties in civil cases ;" ap
11 to amend sections 12, 13, 25, 27, 32, 33, 43, 97, 107,

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provide for a genera
and their resjiectiv
ed therewith, and fo
)rarips, and to repea

the running at larg
g penriltie.s therefor
t to regulate the sail
to the State of Jndi
ng thereof, in accord
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the next six years. .
" an act to provide
lie manner of receiv
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;came a law March*!

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r a general system o
espective powers am
b, and for the estab
id to repeal all law

of the Common Plea
criliing the length o

ewith

an act to revise, sim
s aud foims in civi

repeal scftion 137 of an act entitled "an act to
stem of common schools, the officers thereof
iwers anil iluties, and matters properly connect
e estalili.^bment and regulation of township lil
1 Inws inconsistent Iberewitb

authorizing County Commissioners to prevent
hogs under certain restrictions, .and pre?cnbin
amending section 2 of an act entitled "an acl
swamp lands donated by the United States
a, and to provide for the draining and reclairai
ice with the conditions of said grant," approvi
to amend section .S of an act entitled " an act
ruction of plank, macadamized and gravel ro
TPS9

to amend section 1 of " an act to authorize th
mies for the detection and apprehension of hor
Ions, and defining their powers," approved Ma
to apportion Senators and Representatives for

to amend the section of an act entitled

pasury system for the State of Indiana ; for t'
g, holding and disbursing the public moneys
e safe keeping of public moneys," which act bi
SO

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to amend an act entitled " an act to provide fo
mmon schools, the officers thereof, and their r
(ties, and matters properly connected thf vewit
;hment and regulation of township libraries, an
consistent therewith," approved March 11, ISG
fixing the times of holding the several terms i
)urts ill the second Common Pleas District, pres
id terms and repealing all laws in conflict then
to amend the 42Uth section of an act entitled "
ify, and abridge the rules, practice, pleading

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Full text of "Journal of the House of Representatives, 1863, 43rd session"

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