Indiana State Sentinel, Volume 11, Number 37, Indianapolis, Marion County, 12 February 1852 — Page 1
SENTINEL. WILLIAM J. DROWN, Editor. .1 WBUT Per Annum, tt.OO DAILY, ft.OO ALSTIN II. BROWN, Publisher VOL. XI. INDIANAPOLIS, THURSDAY, FEBRUARY 12, 1852. NO. 37.
THE INDIANA
STATE
INDIANA STATE SENTINEL: A GAZETTE OF THE PEOPLE, D"OflkM in TIIK SENTIT EL BlTIL.OINSca Aorth Side Washington, near Meridian St., OPPOSITE ODD FELLOW'S HALL,
AUSTIN II. BROWN, Publisher, The Weekly Indiana State Sentinel, 03 to nvmcHui inrmtMT rp IS ONLY ONE DOLLAR A IUI! Eleven Copies for Ten Dollars! TO BE PAID IN VDVANCE IN ALL CASTS. , ,,.nl . . . rim t mn nni'miimi IM) UNA Si A PK SK I rKL Ill DlilllH kJlillU UliltlUHJUl , INDIANA LEGISLATURE SENATE. Wednesday, Feb. 4, 1852. Senate met. Petitions tse., Presented. By Mr. Walker, from citizens of Logansport . on the subject of a law relative to Canal boats, boat owners, and forwarders. Referred to the judiciary committee. Reports from Committees. Bv Mr. Eddy, from the committee on corporations, that it is inexpedient to legislate ui relation te the Clin ton Drawbridge Company, in ermillum county . Con curred in
ny air winstanuiey.lrom income committee, return- ; T,)e S(Xth amenjmenl (repealing all laws on the silting the bill to authorize plank, MeAdamized, turnpike, :pc, ras concurred in
antl coal road companies to change their roads 10 rail roads, with an amendment recommending its passage. After considerable discussion on the merits of the bill, On mi-tion of Mr. Eeeerson, its further consideration was postponed until next M unlay week. By Mr. Defrees, from the same committee, returning t'ie bill to provide for the payment of damages done to any private property takec by incorporated companies, recommend ug that it be laid on the table, as legislation on that subject is inexpedient. Concurred in. By Mr. Dunn, from the committee of free conference on the disagreement of the two Houses in relation to the Senfe am 'ndments to House bill to provide lor the apointment .( a Reporter of the Supreme Court, recommending that the uniform price of the Reports shall be three dollars per volume, including the copies sold lo the State. Concurred in. The report of the committee on practice and pleading and criminal law, NMMaVag the grand jury bill, was taken up. Mr. Hitter replied to the speech of Mr. Dunn, made Yesterday, in defence of Ihe grand jury system. The question being upon the amendment proposed by Mr. Emerson, to require the unanimous concurrence ol th'j grand jurors to find a bill, it was decided in the negative ayes 15. noes 2ri. Mr. Cravens moved to amend so as to constitute the jury of twelve persons, and require eight to rind a bill. Lost. Mi R m moved to lav the amendments pre posed by the committee on the table. (These amendments were in substance to re-establish the present grand jury system ) Mr. Reid called for a division ol the question; which Was ordered . Tue question being upon laying the first amendment np n the table, it was decided in the negative ayes 20, no s 24. Mr. Dunn moved the previous question; which was not -econdd. Mr. Ueid then moved, seriatim, to lay all the other amendments of the committee on the table ; alt of which motions failed, the Senate refusing to lay any of the amendments on the table. The question then being upon concurring in the first amendment of the committee fixing the number of grand juror" at not less than 12, nor more than 15, instead of six. as proposed by the bill, it was doc:ded in thn negative ayes 20, noes 21. The second amendment , hxmg the number of persons from whom the grand jury shall be selected at GO instead of 30, was concurred in. The third amendment, fixing the numler of jurors as in the first amendment, was not concurred in ayes 20, Does 21. The fourth amendment, limiting the jurisdiction of the grand jury to crimes punishable with death or imprisonment in the Stale Prison, coming up. Mr. Hanna moved to amend so that the grand jury should take cognizance of only such cases as should come lefore them on information filed by the Prosecuting Attorney, or by recognizances from magistrates or inferior courts. Mr. Hanna advocated his amendment, and Messrs. Secrest and Marshall spoke in opposition to it. Before anv vote was taken, The Senate adjourned until to-morrow morning. HOUSE OF REPRESENTATIVES. Wednesday, Feb. 4, 1852. The House met. Petitions were presented by Messrs. Helmer, Morris, Hottiday of Blackford, Graham, Nelson and Stevens, and appropriately referred. Reports from Committees. By Mr. Holman from the Judiciary commit te, to whom was referred House bill, witti Senate amendments, authorizing railroad companies to borrow money and io mortgage their roads lor the payment of the same, reporting the bill to be unconstitutional, and asking to be discharged from its further consideration. A lengthy and animated debate ensued as to the constitutionality o the bill. Messrs. Holman and Stuart contending that tho bill was special because it allows one class of artificial persons to Itorrow money a a rate of interest not granted to all other artificial persons in the Stale and hence is unconstitutional. Also that the bill was merely an enlargement of the powers or an amendment to the corporations, and hence unconstitutional. Messrs. Stanfield. Suit. King and GoaJrins, claimed that the provisions of the lull arc general, as it permits all corporations of a similar character to borrow money on the same terms. They did not view the bill as an amendment to the charters of the different companies that might be benefitted by the provisions of the bill. Pending the question, The House adjourned. A FTER.VOOH SESSION. The Hous met. The Speaker laid before the Honse a report from the 8uperinledent of the Indiana Hospital for tue Iisane, in reply to a resolution of the Hausc. Laid on tho table. Also reports from the Superintendent and Trustees ol the Deaf and Dumb and Blind Asylums. Laid on tho table. Mr. McDonald moved to postpone the further consideration of the swamp land toll, which was the special order, until Friday at 2 o'clock, which was agreed to. The House resumed the consideration of the bill authorizing railroad and other conpanies to borrow money. Tho question being to discharge the mittee from the further consideration Jndiciary comof the subject ; it wa freed to. Mr. Smith of Spencer moved to attach another section extending the provisions of this bill to all incorporated companies in the State; lost. Mr. Stuart moved to amend the bill so as to permit all roads to cross others, and also to extend the priv-l.eo.-s ,,f t)js bill to all other meo. poranoii ;n tl.is S'ate After debate on the merits of the hill, Mr. Withers demanded the previous question, which wa seconded, and the main rpiesiion ordered. The first qHestion being on asrr'eing to the amendment submitted by Mr. Stuart, they were disagreed to yes 37, noes 47. The question then recurred on agreeing to the amendmnis of the Senate; carried ayes 60, noes 24. Mr Stuart, from the commit lee ok the organization of conrts. to whom was re-commi:ted Hnise bill for the organization of county hoards, and defining their powers and duties, reported the sable back, amended as in. trneted. The bill patsed seje 77, m H).
Mr- Owen, from a select committee, reported a rule allowing n. member who votes for a bill that has been lost lor want of a constitutional majority, the riyht a call it np. Mr. McDonald moved to lay the rule on the table; lost ayes 41, noes 44. The rule was then adopted ayes 4i), noei 22. House adjourned.
SENATE. Thusrda Y,Feb. 5, 1852. Senate met. Petitions Presented. By Mr. Slack, a remonstrance of citizens of St. Omer in Decatur county, against the passage of the tem perance bill, and requesting that the bill might be laid uiKler the table. Laid on the table. By Mr. Slack of citizens of Huntington, in Huntington county, asking a change in the road law. Referred to committee on roads. The report of the committee on criminal law returning the y mtm. Tn qMSÜoa was am the amendment proposed by Mr. Hanna, to limit the action of the grand jury to such cases as should be brought before it by the Prosecuting Attorney or by recognizances from inferior courts. Mr. Hanna replied to the remarks made by Mr. Marshall yesterday, and defended his amendment. The amendment was not adopted. Ayes 13, noes 30. The fourth amendment of the committee, to strike out the sections (limiting the jurisdiction of the grand jury to offences punishable with death or imprisonment in the Stare prison.) was adopted. Ayes 26, noes 22. The question being on concurring in the tilth amendment (to require not less than twelve jurors to find a bill, instead of five as the bill proposed.) Mi . Cravens nvved to lay the amendment on the table. Lost aves 15, noes 2b. The question recurred on concurring in the amendment, and was decided in the affirmative. Ayes 31. noes 16. Mr. Milliken moved to lay the bill and pending amendments on the table. Lost ayes 10, noes 33. Mr. Defrees moved to amend by adding a section to a-sess the costs of prosecuting in case of acquittal of a erson accused, against the prsei utieil witness, if Mich witness should voluntarily appear before the grand jury to testify, and it should appeal to the court that such testimony was maliciously given. Mr. Slack moved to amend by adding to the end of the amendment, a provision that said prosecuting witness might he heard by himself or attorney before ttie costs of said prosecution sliculd be assessed against him. Mr. Secrest moved "to lay tho amendment and the amendment lo the amendment on the tabic. Lost ayes IS. noes 27. The question then being upon the adop'ion of Mr. Slack's amendment it was decided in the affirmative ayes 31. noes 15. Mr. Miekle moved to amend the amendment by providing that the court or jury may assess the costs against the prosecuting witness. Concurred in. The question then being upon ike adoption of the amendment proposed by Mr. Defrees, as amended, it was decided in the alfirmative ayes 28, noes 20. Mr. Reid moved to amend by adding a section con fining the inquest of the grand jury to cases brought be- , fore it by th- prosecuting attorney in writing, by recog nizance from a court of record, or by the personal knowledge of a grand juror, or other person presented in writing signed by 'said grand juror or oliier person. Upon this motion considerable debate ensued, in which Messrs. Secrest, Saffer, Mickle, Marshall and McCarty opposed the amendment, and Messrs. Reid, Knowlton ami Spann advocated it. Mr. Secrest moved to lay tho amendment on the table. Carried ayes 24. noes 21. Mr. Slack moved to add a section to have the sessions of the grand jury held in public, and that the ac- ' cused person shall have tho right to cross-examine the I witness brought against him. Lost aves 22, noes 25. o j . . . r- . rvir. CHJcresr, in oruer o give tue senate lime to examine the bill in its present state, moved to lay the bill and amendment on the table. Lust. Mr. Dunn moTcd to strike out the bill from the enacting clause with the exception of the section repealing the local laws on tho subject of the grand jury. The Sweet of the amendment would he to continue in force in all the counties in the State the present grand jury system without modification. Lost. Avis Messrs. Athon, Crawford, Dawson, Dunn, Eddy. Henton, Ilolloway, James, Kendall, Logon, Marshall,' McCarty, Milliken. Niblack. O.iell. Saffer, Secrest, Teegarden, and Witherow 19. Noes. Messrs Alexander, Allen, Berry, Brngh, Craven, Defrees. Delavan, Dougherty, Emerson, Goodman. Hanna, Hester. Hickman, Hicks. Kinnard, Knowlr"ii, Longshore, Mickle, Miller, Reid, Slack, Sleotil, Spann, Turman, Walker and Washburn 2b'. Mr. Hanna moved to amend by striking out from the enicting clause and inserting a substitute to abolish the grand jury entirely, and providing that crimes puiiishablo with death or imprisonment in the State prison, shall be tried by presentment to tltj circuit court by the prosecuting attorney, a: d that magistrates and the e'reuit courts shall have concurrent jurisdiction in making preliminary examinations; and in crimes of a less magnitude punishable by fine, the justices of the peace shall have concurrent jurisdiction with the circuit courts Iwhere the fine docs not exceed twenty dollars ; aud when the justice h of opinion that the fine sould exceed $20, he shall recognize the offender to appear at court. Before a vote was taken, The Senate adjourned. AFTEaNOO.V SESSION. Senate met. The question was upon the amendment to the grand jury bill proposed by Mr. Hanna, and pending at ad join ment. Mr. Sleeth moved to suspend the order of business and take up the bill to district the State; which was agreed to. A call of the Senate was ordered and the absentees sent for. Mr. Slack moved to re-commit the bill to a select committee, with instructions to detach Wabash county from the eleventh and attach it to the tenth district. Mr. Emeison moved to amend the instructions by detaching Switzerland county from the third and adding it to the fourth district. After a long and animated debate, in which the whole merits of tho bill wero reviewed, the question was t.ken on referring the bill and decided in the negative ayes 21. iocs 27. The bifl then passed. Ayes Messrs. Allen, Brugh, Cravens, Crawford, Davis, Dawson, Delavan, Dougherty, Eddy, Goodman, Henton, Hickman, Hicks, Ilolloway, Hunt, James, Kinnard, Knowlton, Logan, Mdliken, Odell, Reid, Secrest Sleeth, Teegarden, Turman, Walker, Washburn, and Winstandley 29. NoE Messrs. Alexander, Athon, Berry, Defrees, Dunn, Emerson, Hanna, Hester, Kendall, Longshore, Marshall, McCarty, Mickle, Miller, Niblack, Saffer, Slack, Spann, and Witherow 19. The bill passed as it came from the House, without amendment. It constitutes the districts as follows: 1. Posey, Vanderburgh, Warrick, Spencer, Dubois, Pike, Gibson, Knox, Daviess, and Martin. 2. Perty, Crawford, Orange, Washington, Harrison, Floyd, Clark, and Scott. 3. Lawrence, Monroe Brown, Bartholomew, Jackson, Jennings, Jefferson, and Switzerland. 4. Ohio, Dearborn, Ripley, Franklin, Decatur, and Rush. 5. Union, Fayette, Wayne, Randolph, Delaware, and Henry. 6. Shelby, Johnson, Morgan, Hancock, Hendricks, and Marion. 7. Sullivan, Green, Owen, Clay, Vigo, Vermillion, Parke, and Putnam. 8. Montgomery. Boone, Clinton, Tippecanoe, Fountain, Wsrren. and Carroll. 9. Miami. Cas. Fulton, Marshall, St. Joseph, Laporte. Staike. Pulaski, Jasper, Porter, Lake, Benton, and White. 10. Elkhart, Kosciusko. Whitley, Noble, Lagrange, Steuben. DeKalb, and Allen 11. Wabash. Huntington, Wells. Adams, Jay, Blackford. Grant, Madison, Hamilton, Tipton, and Howard. Mr. Mickle moved to amend the title by calling it "A bill to gerrymander the State into Congressional Districts." At the suggestion of Mr. Dunn, Mr. Mickle added " and to disfranchise a portion of the people ef the State."
On motion of Mr. Secrest, (he amendment was laid on the table ayes 40, noes 8.
Mr. Miller presented a protest against the passage of: the bill, which was ordered to be spread upon the Jour nals. On motion of Mr. Milliken, the bill of the House to change the t.m of holding ihc February term of the Circuit Court in Dearborn county was taken np and read three times, (th rules being suspended,) and passed ayes 4 1 , noes 3. Mr. Slack offered a resolution that the Senate will, the House conenrring, on Saturday next at ten o'clock, go into the election of a Reporter of the Supreme Court ; j iiuopieu. Senate adjourned. HOUSE OF REPRESENTATIVES. Thursday Morning, Feb. 5, 1852. The House met pursuant to adjournment. Petitions were presented by Messrs. Sumner, and Davis of Franklin, and appropriately referred. Reports from Committees. By Mr. Holman, from the judiciary committee, reporting back general road law. and recommending its relet dice to the committee on roads; which was agreed to. By Mr. Wells, from the committee on agriculture, a bill for the recovery of property removed by high water. Read the Iii st time. Resolutions Offered. By Mr. Spencer, tendering the use of the Hall for holding a colonization meeting on this evening; adopted . By Mr. Cowgill. that the judiciary committee be in structed to inquire into the propriety of enacting st law making it a penal offence for any person who holds pro- i perty in trust for another to dispose of such property without accounting for the proceeds thereof ; adopted. By Mr. Hay of Clark, that the committee on benevo- j lent and scientific institutions bo requested to inquire j into and report the cause of the fire, and the amount ol j damages, nt the Tisane Hospital; carried. j By Mr. Watson, in reference to hxing the number of pounds of coal that shall constitute a bushel ; adopted, j Bv Mr. Kent. that, the Senate concurring, we will proceed to lay off the State iuto four Supreme Judicial Districts; lost. By Mr. Withers, to allow constables of one county to pursue persons into another county, and servo the writ there without obtaining an endorsement on the same by a justice of the peace of the county to which such person has fled. Mr Stuart said that such is now the law. The resolution was lost Bv Mr. Sliuble. that after next Saturday this House shall meet at S o'clock; lost. Joint Resolution Introduced. By Mr. Davis, to authorize the election of United States Senators by the people. By Mr. English, relative to the Swamp lands grantee lo the State of Indiana. By Mr. Torbct, to obtain a grant of land to assist in the consti uctiou of railroads. Bills Introduced. By Mr. B Inn, a bill to amend an act, entitled in act to incorporate the Lafayette Bridge Company. 15 y Mr. HtnhM, a bill granting to all incorporated companies which possess by their charters the power to build steamboats, authority to construct marine rai;roxi!, fee. By Mr. Torbct. a bill to postpone the day of the beginn, ng of the Dearborn Circuit Court ia February, 1352. Mr. Torliet moved that the rules be suspended and the bill read the second time now; which was agreed to. . Mr. Tortiet said it was asking much of the llouso.yet the same motive thr t induced him to ask for a suspension of ihe rules in the first instance, rrquired of him to make the request that the rules be suspencded again, and the bill be passed. It was absolutely necessary that the bill should pass immediately, to be of any benefit to the people of Dearborn county. The rules were suspended, and tho bill passed ayes 82. noes 1. By Mr. Stuart, a bill to divide the State into five Supreme Court Districts. By Mr. Spencer, a bill providing for the establishment of Circuit Probate Courts. The Speaker laid before tbn House a communication from the President nf ihe Madison and Indianapolis Railroad. Laid on the table. Mr. English moved to postpone the special crder, hein a bill to dispose of the State's interest in the Madison and Indianapolis Railroad; lost. The question then recurred on ordering the bill lo be engrossed. Mr. Gunn moved to commit the bill lo a select committee of five ; lost. Mr. English moved to recommit the bill to the committee on corporations, with the following instructions: To amend tho bill so that the interest of tho State shall be off red for sale at publio auction, under the direction nf the Governor, Auditor, Treasurer, and Agent of State, who shall fix upon such time and place for said s;.le. and shall give such notice thereol as in their judgment will be nst conducive to the interest of the Stale; also to innert a provision that no first bid shall be received at a y such public sale of the State's interest in said road for less than $325, U00 in -money ; or, if in bonds of the State, the sum of $000.000. which shall be slocks chargeable in whole upon ihe revenues of the Slate. Said committee, if they deem it expedient, shall provide for the payment of the purchase money by instalments; but at least one-sixth shall be paid down, and the balance to draw interest to the State until paid, to be wholly paid by 18ö7, and to be secured by moi tgago on the State's interest sold. Tho instructions were lost by the following vote: Aves Messrs. Barker, Beanc, Brady, Bulla, CowfriU Crawford, Dice, Dobson, Doiithit, Eccles, English, Gibson, Goody, Gunn, Hanna, Hay of Clark, Hays of White, Helmer, Henry, Hicks, Holman, Hutfstettcr, Hunt, Lawrence. Lwis, Litchfield, Manson, McAllister, McConnell, Miller, Nelson, Porter, Smith of Marion. Smith of Spencer, Staton, Sweet, Torb. t, Walker, Watson. Wells, Williams, and Mr. Speaker 42. Noes Messrs. Beach, Beeson, Behm. Bryant, Buskirk, Carrenter, Cock rum . Cromwell, Davis, Donaldson, Donham. Doughty, Foster, Geddes. Gookins, Graham, Hollndav of Parke, Holliday of Blackford, Hosteller, Huey, Hudson, Humphreys, Kent, King, Laverty Leviston. Lindsay of Howard, Major, Mnvfield, McDonald, McDowell, Morris, Mudget, Owen, Ray, Reynolds, Schoonover, Shanklin, Spencer, Stanfield, Stevens, Su. ver. otriible. Muart, Suit, Sumner, taggart, ihompson, Wilson, end Withers 50. The question then recurred on the engrossment of the bill, and the House refused t engross it. Orders of the day. A number of bills and joint resolution were read the second time and appropriately disposed of. A joint resolution asking a more liberal construction of the net of Congress of May Üth, 1S4S; passed ayes 59, noes 27. Mr- English called up Senate bill for d'viding t'..j State into Congressional Districts. The question being on its passage, Mr. Hudson moved to commit tho bill with instructions to detach Martin county from the 2d and attach it to the 3d district, and detach" Monroe from tho 7th am! attach it to the 2d district. Mr. English moved a call of the Honse, which was ordered, and ninety-two members answered to their names. V Mr. Davis moved that furthor proceedings under the call be dispensed with ; which was agreed io. Mr. Spencer moved to amend the instructions by detaching Switzerland county frera the 3d and attaching it to the 4th district. Mr. Manson moved to amend the instructions. Mr. McDonald moved to lay the whole subject on the table; carried ayes 53, noes 3S. Mr. Brady moved to reconsider the vote by which the House refused to engross the bill to sell the State's interest in the Madison aud Indianapolis Railroad; carried ayes 8, noes 6. Tbc question then recurred on the engrossment of the bill. Pending the question, House adjourned. - AFTEBHOON SESSION. The House met. The House resumed the consideration of the bill relative to selling the State' interest in tbo Madison and Indianapolis railroad. Mr. Stanfiebl said it seems to be the universal opinion to disengage the State from all participation in works
of internal improvements, and he thought the sooner it I was done the better, as the value of the work will be
continually depreciating. Two years ago this company offered $700,000 in bonds of the Stat;, but now it was impossible to obtain these bonds. We provide now in tins bill to sell the work for $600,000 in bonds charaeuble on the State Treasury. Mr. S. stated that other works oi a similar nature are growing up ou all sides, and hence the business of this, road must decrease. He thought that the State would be unable to obtain one cent for this work if the sale is postponed until after the other public improvemants are finished Mr. Smith of Marion moved to add the following as an additional section; which was agreed to. 'Sec. . This act shall not be so construed as to give to the Madison and Indianapolis Railroad Company the right to construct a new track to avoid the inclined plane, unless said company purchase the State's interest in said railroad, and comply with all the terms of this aet." Mr. Stover moved to amend as follows: m lit wtiino VM VII in . 'II v ' ' 1 1 1 ' ! , , lue 1 1 1 . i line of the fif, h section, also the sixth, seventh, aud eighth sections, and insert the following: "For the sum ol $(500,000, to be paid in original bonds of the State of Indiana, or $400,000 in five per cent. State stock of the State ol Indiana, or $800.000 in two and a half per cent State stock of the State cf Indiana, or the sum of $350.000 in cash, as said company may elect ; that said payments be divided into four equal an- ' nual instalments, onc-lourth to be paid over to tho treasurer of State, on or before the 1st of January, 154; one-fourth in twelve mouths thereafter ; one-fourth in two years, and the remaining one-fourth in three years from said first payment: Provided, That nothing in this act shall he so construed as to aflect, in any way, the stock which the State owns in said road, accruing on account of the earnings of the same. Mr. Stover at some length explained the amendment submitted bv him. He thought that the past contracts entered into by the State with companiss, should induce members to look well to the manner in which these , agreements are made. All he desired was, that when we do sell our interest in this road, we shall know exactly what amount the State is 14 receive what kind of stocks we are to be paid in and that the amount W'U he forthcoming when due. Unless we stale ic the bill exactly what is to be lectivcd. the State will have no certainty that it will obtain anything. Mr. King advocated the bill as reported by the committee, at considei able length, and opposed the amendment of Mr Stover. Mr. Bu.-kirk said that he would confine his remarks to tho manner of the payment. He was opposed to selling this work and taking the original bonds of the State in payment. The State would make a bad bar2ain. The State is bound for the payment of only one half of the original bonds, as by an arrangement with the bondholders, we threw one-half of these bonds on the canal, and now by accepting original bonds, they would come from those who have heretofore refused to accede to this artansement. He was in favor of selling the State's interest in this road, and taking in payment the two and a half per cent, bonds. Mr. Sumner moved to lay tho amendments ol Mr. Stover on the table; agreed to. Mr. Sumner moved to amend so as to require the company to pay $600.000 in cash, or its equivalent in the original bonds of the State Mr. Owen thought that the company would not accept tho proposition, if the amendment of Mr. Sumner is adopted. He was favorable to the proposition to dispose of tiie State's interest in th:s road, provided we can get the value of it. He said he could not vote fur the bill as it now stands. Any proposition he would vote for, must have out of it the original stock, the five per cent, stock, anc: the bonds of the company, at a rate of interest less than 7 per cent. If the amendment of Mr. Sumner was n oil concurred in. he would introduce an amendment, whi;h, if adopted, I e would vote for ihe bill. Mr. Sumner's amendment was then disagreed to. Mr. Ovt.m submitted an amendment requiring the company t pay in 2 per cent, stocks or bonds of the company bearing 7 per cent, interest. Mr. Stover moved to amend the amendment so as to change the time of estimating the value of the 2 per cent, stocks. He stated that if the House require the company to estimate the value of the '2 State stock on the first of January, 152, it was evident lo his mind that the company would never pay one dime in such stock, but would evidently issue their own bonds, from the fact that the 2 per cent, lock would by lhat time be enhanced in valnc. Fr it ii known to the House that the present value is only 45 cents, wnd by 1854, making a reasonable calculation, they will be worth 60 cents on the dollar. Pending tho question, House adjourned. SENATE. Friday, Feb. 6, 1852. Senate met. Mr. Mickle moved to amend the journal by striking from it that part of the ptotost submitted by Mr. Miiler on yesterday, against the passage of the districting bill, which charges tho Senate districting committee with Mglecting and refusing to report a bill to district the State until it was too lato to perfect such a bill. This motion brought on an exciting debate which occupied the whole fore noon, in which Messrs. Dunn, Secrest, Mickle, Logan, Miller, Emerson, Marshall, and Reid participated. Before coming to a vote, Senate alj urncd. , AFTERNOON SESSION. Senate met. The question was upon the motion of Mr. Mickle to smend tho journal, pending at adjournment. The discussion was continued by .Messrs. Miller, Dunn, Logan and Secrest. The qaestion to strike out prevailed. Ayes 25, noes 16. Petitions, $c, Presented. By Mr. Knowlton from citizens of Ripley county on the subject of education. Referred to committee on education. Bv Mr, Milliken, a remonstrance of citizens of LawrencebMrg township against permitting the town of Lawrenceburg to extend its corporate limits. Referred to judiciary committee. Reports from Committees. Bv Mr. Hanna from the judiciary committee return ing bill of the House to authorize recorders to make a general inJex, he. with an amendment recommending its passage. Amendment concurred in, and the bill ordered to be engrossed. By Mr. Hanna from same committee returning bill of the Senato to authorize county boards to appropriate dividends deiived from county railroad stocks to common schools in their respective counties, with an amendment striking out the bill from the enacting clause, and inserting a substitute. Amendment concurred in and bill ordered to lie engrossed. By Mr. Hanna from same committee, that the levy of a specific tux is in violation of the spirit of the constitution. Concurred m. By Mr. Reid from same committee, that the acts in relation to the election prosecuting attorneys in th.e fourth ami ei'hth judicial circuits are not repealed. Concurred in. By Mr. Reid from same committee, a bill to amend Article 2. of chnpter 42, of the Revised Statute of 1843. in relation to the liens upon boats. By Mr. Holloway, f.om the select comm'ttee on tern peränce. returning the temperance bill with amendments, to imprison tho vender of liquor violating the law until his fine and costs shall be paid or replevied. Mr. Emerson moved to recommit the bill with instructions to inquire into the constitutionality of imprisoning men for the non-payment of costs. After some discussion, ihe motion to refer with instructions was lost ayes 22, noes 22. The President gave the easting vote in the negative. Mr. Eddy moved to postpone tho consideration of the bill until Tuesday next at two o'clock; lost. Mr. Emerson moved . j postpone it until Friday next ; lost. Mr. Holloway moved to postpone it until Monday next. Mr. Hanna moved to adjourn; carried. Senate adjourned. HOUSE OF REPRESENTATIVES. Friday, Feb. 6, 1852. The Honse met, And resumed the consideration of the special order, beina the bill to sell the State's interest in the Madison and Indianapolis Railroad.
The question recurred on the adoption of Mr. Stover's amendment to the amendment of Mr. Owen. Mr. Owen accepted the amendment. Mr. Stover offered the fullowiug as an additional section to the bill: That in case the said Railroad Company shall not. within ninety days, accept the proposition of sale, it shall be lawful lor any person, corporation, or company. to accept ihe same within six months after the expiration of ihe said ninety days, in manner above provided ; and such person, corporation, or company shall thereby have and possess all the rights, privileges, and benefits that the said Railroad Company would possess bv accepting said propositions, and complying with the conditions of the same. " Provided, That nothing in this act shall be so construed as to in any way authorize the said Madison and Indianapolis Railroad Company so to reconstruct said road as to avoid the inclined plain at the city of Madison, or any olher part of said road now owned by the State, unless the said Madison and Indianapolis Railroad
Company shall itself accept the propositions, aud fully I carry out the conditions of this act." Mr. Stover said that he was emphatically in favor of; selting the State's interest; yet he would again assert that he would rather sell that interest for $300,000 than to dispose of it in such a manner that ihe Company may eventually evade the intended terms of the contract. He thought that this additional section would not ad 1 injuriously towards tho Company. Under the proposi- ! tion of Mr. Owen, the Company could purchase S6U).- j 000 of the 2J per cent, stock, on the first day of January last for $261,000. He thought the stocks would advance by 1S54 20 per cent, on the dollar, and hence the Company would not pay off the debt with 2 per cent, stock, but in their own bonds; for the 2 State stock will ha worth in 1854 $34,000, and every one must set lhat ! the Company will pay $264,000 in their own bonds. Mr. Owen said that the par value of the t stock was only 41$ cents, and he thought Mr. Stover overestimates ' the value of theso bonds in 1854. He stated that his j amendment to the bill would increase the purchase money $33,000. He greatly preferred 2J stock in payment to 5's, lor tho reason that eventually the State will be ; compelled to redeem the 2's as well as the 5's. By compelling the Company to pay in 2's, we will have ' extinguished $600,000 indebtedness, whilst if we receive ! 5's we shall have only extinguished $300,000. He wished to give the Company some alternative, provided the landholders of the 2J's should increase the value of the stock. The question then recurred on the amepdment of Mr. 1 Stover. Mr. Owen accepted the amendment. Mr. Gookins offered an amendment increasing the j time to 90 days in which the Company must accept the ; proposition. Mr. Owen accepted the amendment. Mr. English offered an amendment to the effect that j if the Company decided to pay in money, the amount should be at least $350,000; and if $600,000 of the 2$ per cent. Itonds should be worth more than $330,000 in the New York market on the 1st of January, 1854, tin n the amount to be the latter sum. Mr. English said the object of his amendment was to prevent the State from being imposed upon by eoinbinations to put down the price of bonds on tho 1st January, 1S54. Under the lull the Company mar elect either to pay $600.000 of bonds, or the value of that amount of bonds in the New York market on the 1st Jan. 1S54. Now how are we to ascertain that value, who is to do it, and what is to be the evidence f Are we not at the mercy of bankers and brokers? This Railroad Company is composed of eastern capitalists, who couldeasily purchase all the outstanding 2 per cent, bonds. It would not require $00,000 to do it. The Company could then put a small amount on the market and have it Sold for a mere nominal amount it might bo 10 cents ou the dollar. These fictitious sales arc of frequent occurrence. It would be an easy matter for this Company to control the rate for that particular day, and we would then have to receive wh.v. the $600.000 would come to at that rate. In this way the State would comparatively get nothing for this great work. Let us name a sum below which the price cannot fall. In no other way can we save the State from combinations of the stock-jobbers. He was sorry his health would not admii bis saying all on this subject he desired. Hoped other mcmiicrs would look to it. The amendment, after some opposition from Mr. McDonald, who contended that the natural tendency of these stocks would be upwards, and though the State would repudiate them, they would always command their true value, was lost. The amendment of Mr. Owen was then concurred in. The question then recurred on the engrossment of the bill, which was agreed to, as follows: Ayes Messrs. Barker, Beach, Beane, Beeson, Behm . Brady, Bryant, Bulla, Buskirk, Carpenter, Cockrum. Crawford, Cromwell. Donaldson. Donham, Doughty, Eccles, Foster, Geddes, Gookins, Goody, Hanna. Hays of White, Henry, ReJladM of Parke, Hollidny of Black- I ford, Hosteller, Hudson, Hney, Humphreys, Hnt.Kin!i. ! Kent, Laverty, Lawrence, Lewis, Leviston, Lindsay of Howard, Litchfield, Major, Manson, Mayheld, McAllister, McDonald, McDowell, Mudget, Owen, Reynolds, Stt'.oonover. Shanklin, Smith if Mai ion. Spencer, Stanfield, Staton. Stevens, Stover, Stuart, Suit, Sweet, Thompson. Watson, and Wilson 60. Noes Messrs. Cowgill, Davis, Dice, Dobson, Doiithit, English, Gunn, Helmer, Hicks, Holman, HulTstetter, McConnell, Miller, Morris. Nelson, Porter. Ray. Smith of Spencer. Struble, Sumner. Taggart, Torliet. Walker, Wells, Williams, Withers.and Mr. Speaker 28. A message was received from the Senate announcing the passage of a joint resolution to go into the election of a Reporter for the Supreme Court on Saturday next; which was reciprocated by the House. The House then proceedel to the eonsideraiion of the Swamp Land bill, (being the special order,) and the question pending being on the amendment of Mr. Srantield, to the instructions, to allow persons who have made deposits of money to receive a deed. The amendment was accepted. Mr. Carpenter moved to amend the instructions so as to authorize the appointment of an engineer to survey ' these lands and report to the next Legislature. Mr. Sumner moved to lay the instructions on the table; which was agreed to. Mr. Hudson moved to amend so as to allow the county boards to appoint the commissioners in the different counties, instead of the Governor. After a lengthy debate as to the propriety of ihe amendment, it was lost. Mr. Beach offered an amendment authorizing the Governor to appoint a person in case the auditor and treas urer neglect to perform their duties. Mr. Nel-on accepted this as a portion of his instruction. Mr. Beach offered an amendment requiring one-half of the purchase money in band, and the balance in one year. He said that his object was to dispose of these lands to the poorer classes, a'.;d givo them time to pay for them. Messrs. Gookins and McDonald thought if this amendment w-as adopted, tho Legislature would never get rid of petitions for relief. Mr. Reynolds moved to lay the amendment on the table ; which was agreed to. Mr. Goody moved to give twenty years to pay for the land, provided the interest is paid; lost. Mr. Stuart moved to amend by striking out the penally in the 51st section; which was accepted. Mr. Miller moved to amend by authorizing county treasurers to receive, in payment of lands, certificates issued by the Swamp Land Commissioners, and said certificate shall be receivable by the Treasurer of Stale mid receipted for as cash; lost. Mr. Douthit moved to amend so as to require eight hours' employment a day's work; lost. Mr. McDonald moved to lay the bill and pending instrnctions on the table ; carried. The House adjourned. AFTERNOON SESSIOK. The Honse met. Mr. McDonald moved to take from the table the bill in relation to the 8wamp Lands; agreed to. The question then recurred on the motion of Mr. Nelson to re commit the bill with instructions to graduate the price of the Swamp Lands to provide for the draining of the lands before ti e sale of them, 8to. Mr. McDonald, after opposing tho instructions, called for a division of the question. Mr. Nelson favored the instructions, nnd contended that there should be a graduation of the price of these lands, and disposed of as soon as possible. The question then recurred on referring the bill, which was agreed to. The House refused to refer tho instructions. Retports from Committtt. By Mr. Holman, from the judiciary committee, re-
porting back a bill for the relief of the poor, and recommending its reference to the committee on benevolent and scientific institutions; which was agreed to. By Mr. Lewis, from the committee on benevolent and scientific institutions, reporting the cause of the fire, and the amount of damages sustained, in the Insane He, pilal. Laid on the table. By Mr. Buskirk. from a se'ert committee, reporting bill relative to the mileage to be allowed sheriff's eonveying prisoners to the Penitentiary, and treasurers going to and returning from Indianapolis. After several amendments were ottered, the bill was re-committed with instructions to so amend it es to compute the mileage by the most direct route; to include also mileage of members of the Legislature. House adjourned.
Washington Correspondence. Washington City, Jan. 28, 1552. For five days the House of Representatives, in the committee of the whole on the Stale of the Union, has had under consideration and discussion, the still making an appropriation, to discharge the last instalment, of the Mexican indemnity. By the provisions of the treaty with Mexico, this money is payable in the city of Mexteo. The Bill makes the appropriation and leaves to the Executive to arrange the mode of making the payment. Last year the Secretary of State caused the instalment then due, to be pa'id through English and American Bankers, with whom he contracted for that purpose. It is charged that in the arrangement with these Bankers, favortism was shown, and that the terms were not as favorable to our Government, as could have been obtained, if competition had been invited, and that the arrangement was prejudicial to Mexico. A similar contract, in advance of the appropriation, was made by the Secretary of State with the same Bankers, to make this payment. To defeat any such arrangement, it was proposed to nmend the Bill. Vir providing that the money shall be paid as Mexico may desire. Out of this question in the committee of the whole on the state of the Union, (where any thing is in order) the debate sprung np, into which was brought every thing that the speakers desired to discuss, "things new and old." The rights ol Mexico, and the interests of the United States, artics, and party men. their consistencies, and inconsistencies; Bankers and ''money mongers." and their frauds; Daniel Webster. Iii greatness, and bis littleness; all formed subjects of debate. One entite dny was given to the O iio delegation. The performance was altogether as amusing to the wits in the lobby as it ,was edifying to the House. The scene commenced by Mr. Giddings making a settlement of some old accounts, which grew ont of the Kossuth discussion, with his colleague, Mr. Taylor. When he was through it was generally understood that Mr. Taylor had no further claims upon him, growing out of that matter. The attack was a determined one, and was carried through wilh much power. Amid fhouts of laughter, for a half hour he examined his colleague's conduct and position. A rood joke grew out of Mr. Taylor's reply. In defending himself in bis opposition to receiving feast) th into the Hall, he, said that "if Gen. Jackson was toaiisc from the dead, we would not so honor him as we were honoring Kossuth." Mr. Olds of Ohio, then asked him if he were not a Whig, and if he had not joined in the -. flin hand bill" opposition to Gen. Jackson. Mr. Taylor replied that be bad opposed Gen Jackson, and that the gentleman who asked the piestion, (Mr. Olds) was then with ilie Whig panv in that opposition. When this was admitted by Mr. Olds' silence, the House became convulsed with laughter. Taylor was out of the scrape, and Olds in. Veiv soon several others of ihe Ohio delegation became connected with the debate, and the fight of the day went off with a rapid filing of small arms. On yencrday, Mr. Allen of Massachusetts, made a thoroughly prepared attack upon Mr. Webster, charging favortism. if not corruption upon him, in the payment of the fourth instalment of the Mexican indemnity. This brought up Mr. Davis of Massachusetts, who after pronouncing a studied eulogy upon Mr. Webster, then made an attack upon the democratic and lice soil parties of Massachusetts, charging upon them a corrupt coalition. The speech wns marked by point elegance and wit. hut it was a very unfortunate effort far its author. Rantt ul's reply was made ibis morning. It was the most complete victory achieved during this session. He commenced by a most eloquent vindication of the Massachusetts democracy-maintaining that the men of that party had stood up for the truth, against a large majority, and against the wealth ef New England. That they had been true to their patty, when every personal inducement had been, to abandon it. Mr. Rantoul then turned upon the gentleman who charged corruption upon the democracy of Massachusetts, and by the documents, showed that for the last seventeeu years, he had been connected with Garrison, and others, in the most ultra abolition movements of Massachusetts. That he had been Secretary, Treasurer, and President of societies and meetings that had passed resolutions of the rankest abolitionism, that had denounced Webster for his adherence to, and support of the compromise, and had made it a matter of rejoicing, that he was not a native of Massachusetts. Mr. Rantoul was going on to show, that the Whig convention which had nomin'ated Mr. Davis, had endorsed the doctrines of the free soil party, when the hour arrived, at which debate on the question, had to stop under an oider of the House. During ihe delivery of this speech, mcmlif ri gathered around the speaker, and stood in the area and in his front so as to hear distinctly. All were interested and many delighted with the speech. lie chaiiman of tho committee of ways and means, being entitled to the floor under the rule (his committee having reported the bill) closed the debate, with a speech of an hour, which was not listened to by many. A few days since, Gen. Cass introduced a resolution expressing our sympathy with all nations who are struggling for freedom, and declaring that it i a priciple of the law of nations, that every nation has a right to establish and maintain such government as it may desire, and to manage its own afftirs in its own way ; and that any interference with the exercise of this right by any other power is a violation of the law of nations, and that we cannot view without concern, any violation of this priciple of the law of nations. The passage of this or a similar resolution, will be the action of our government upon the Kossuth question. X. Washington Correspondence. Washington City, Jan. 28, 1852. Sir: The result of two days rest and inquiry ab.. ut the prospects of the several aspirants for the Presidency, has opened new developments, more and more interesting. Cas men are celling more and more sangnii.rof his prospects everyday; indeed, it is not to he denied that the old veteran is growing in the a licet ions o all for his distinguished ability and integrity. Gen Lane and Douglas nr.rt oil with Indiana and Illinois for a basement ; on this they are to build. Il the different elements cannot reconcile 'heir partiali;i to the support of Cass, then comes the tug for a rev. man. Lane has the elements of great popular strengt' his character, his firmness, integrity, and gallantry, alt combine to strike the question of availabilty with grcar force. If the Whig chieftain should be the candidate of thaf party, and this made manifest before the Democratic National Convention meets, Lane's chances will be increased ; should Fillmore be most prominent, it may augur against Lane to some extent. But now what can Douglas expect in this doubtful struggle! Yon snay hear" nearly every one say 'We can succeed with Douglas." This gives strength and a prestige to his name and chances. I hope Indiana will present an unbroken front for Lane, and to express any second ehiMce either for Cass, Douglas or Butler, would be weakening Lane's chances, and would be calculated to overslaugh Lane, as some desire to do under the guise of pr tended friendship. I say " pretended " fiiendship. for if all "i not gold that shines," as is said .there is pretended friendship walking under the guise of " gold." Marcy's friends are pricking up their ears, with a show nf confidenee in Am strength. You may expect to hear some new developments in less than twenty days. Bm hanan has written a political letter to Mississippi. It bids strong on ihe Resolutions of '98. Y INDEX. Louisiana Senator. We learn by a telegraphic despateh from New Orleans that I. P. benjamin, a distinguished lawyer and politician of that city, and a decided vhig, has been elected to the United States Senate for six years from the 4th March, 3S53, to snpply the piece made vacant bv the expiration of the term of Gen. S. W. Downs, hy a majority of 12 votes. Gen. Downs received the entire vote of his party, and three whig rotes also. Three democrats were absent on account of ind.sporitron. Taiea.
