The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-24


could not get competent men. The executor
OF administrator should d. paid according 10
the amount q the estate attending 'he settle
ment
Mr. SPENCER said an amendment could
~ made in regard q compensation t9hl-
miitee could fix the Fee a. we'll n the Court.
Mr.. BROWN. What becomes of the fees
when the estate will not pay thein' lie Gid
not think that the legislature could properly
fix a rate ~ compensation: the duties were %
various. I'm one ease the estate may b. able 10
paw. and in another. where the labor J. the
same. the estate j. not able % pay. The law
should be that the judges should make allow
ance> 70 the lawyers and administrators IN The
settlement Of estates. lie thought We had bel
ter introduce resolution diScharglng the Jn-
dietary Committee and referring the bill 10 the
gentleman from PO~ey Mr.. Spencer lie
moved 10 lay the motion 10 reconsider on the
table.
IL was 20 ordcred-afirmative CO, negative9.
The Speaker now announced the following
special Committee on Mr.. TEACHERS bill H.
Il. lJ7l namely: Mcssrs. Lasselle, Miller and
Humphreys.
Mr.. SIM submitted the following:
A the opinion Of this Legislature, saa, one Of The
greatest dangers impending the eoTnty arises from
the general tendency 10 the Capitalization u power. and
tie consolidation q wealth in tbs hands q large cor
porAtions who ly irresponsible TO the people;
Rs10lre8 That such tendescy i daily illustrated
smong In the management OF railroad incoP0ratoas
th'oashout the eoaniry who. combining ard eonfete
at be exiortiOnste upon the travelling and trading
community.
ResoIe>d Thatitis the duty Of the present Lez.ls-
ture TO take immediate measures TO protect the public
from the combinations consultations and extorions u
the different railroad companies Of the STATE and 10 that
they should reasonable tariff OF charges for all
roads, compel them and transport freight
in the order II may be offered snd without fayorit OF
any kind and Ia default hereof their charter should be
declared forfeited TO the use Of the State
IL was referred to the Committee on Rights
and Privileges.
Mr.. WOODS made an Intellectual motion To
reconsider this vote.
NORTHERN PRISON.
Mr. GRIFFITH moved for leave Of absence
for the Committee on the Northern State
Prison from Tuesday till Thursday next.
After debate on the propriety Of the Conn.,
mettee going up 20 the Northern Prison, in
which Messrs. CHURCH, BUSKIRK, BUR-
WELL, GRIFFITH and BROWN, took part.
ON motion, by Mr.. BROWN, the application
for leave Of absence was laid on the table
NATHAN BROWN.
The SPEAKER announced the Special Com
mite on the memorial Of Nathan Brown,
amely-Messrs. Branham, Sullivan, of Scott.
and Burton.
NORTHERN PRISON.
Mr.. KILGORE moved to reconsider the
vote by which the House refused leave Of alb
Senee 10 the Committee ON the Northern State
Prison.
/ Mr.. NEWCOMB thought there was no ne
cessity 10 send up the Committee. We could
just as well tell here whether the contract on
/ that prison is eXtOrtiOnate or not. He was
/ prepared to vote against the appropriation
proposed.
Mr.. CHURCH moved to lay the motion to
reconsider on the table.
1t was 50 ordered-yeas 81, nays 81.
7. W. o. BRAFFITT.
The SPEAKER laid before the House the
resignation of Capt. Il. W. o. Brafitt, assistant
clerk, to take effect to-morrow-he having
been rendered the place of cashier Of one of
the Richmond Banks.
THIRTEENTH ARTICLE.
The SPEAKER now announced the special
order, VIZ: the consideration Of Mr.. Meredith's
joint resolution III. r. No. / proposing TO
amend the Constitution Of the State of In
diana, by striking out the thirteenth article
thereof-the question being on the second
reading.
Mr.. MEREDITH being entitled to the floor.
read speech in favor of the joint resolution
and in reply to the opening speech in the de-
bate by Mr.. Buskirk. lie cOntended that the
opinions Of members Of the Constitutional
Convention could not guide Us now in legisla-
ton on the negro question. John Petit had
changed his views on this question. He was
now petitioner before this House for the re-
peal Of the Black laws. Mr.. Blythe had also
changed, and there was LITTLE doubt but if Mr.;
Rariden had lived TO this day, he would stand
with Mr.. Petit to-day on this question. Wise
men sometimes change their minds-fools
never. Since the time Of the Constitutional
Convention, slavery had made war on the
Union. and now all the loyalty Of the land are
determined to dispose of the institution Mt once
and forever. Where was the justice in
trampling on the rights Of the negro!
They were GOd-giVen, and should be held
sacred by all honorable men. Ii had been
suggested that all that is required on this
mn Il ha a1p Of tln los
made in pursuance of this 18th Article: buthe
would have the abrOgatiOn of the article ITSELF
He deprecated the disabilities of the negroes
under the black laws, from considerations
drawn from the heroic valOr evinced by them
IN the war which has put down the late re-
bellion. lie combatted the proposition Of Mr..
Buskirk, that the two races could not live to-
gether prosperously. The negro should at
least have the right TO make contracts. and TO
lave home on our soil Not long since the
gentleman's party alleged that the negro was
worthless in war; but now he was alarmed at
his prOwess-alarmcd nj vision Of the negro
host charging upon him for social equality and
amalgamation. The repeal of this article
would not give the negro the right of suffrage,
nor the benefit OF the common schools. la
conclusion, he rehearsed the tedious routine
through which proposition to amend the Con-
Stituion would have TO pass, before the object
could be c0nsummated. alleging that il was a
measure evidently dictated by the civilization
Mr.. LOCKIIART demanded the previous
question.
Mr.. PRATHER and Mr. BUSKIRK desired
the gentleman TO withdraw the demand.
Mr.. LOCKIIART acGuiesced.
Mr.. GREGORY. of Warren, renewed the de-
mand for the previous question.
Mr.. BROWN submitted that the proper
mode OF amendment TO the Constitution was
by concurrent resolution; not by joint res
olution.
NJ .oEEDnrII 1o,,.,lol a.
Mr.. HIGGINS made the point Of order that
the yeas and nays could not Ice taken ON a
demand for the previous question.
The SPEAKER MIR. Miller in the Chair
held that the point was well taken.
Mr. BROWN appealed from the decision Of
the Chair
Mr.. GREGORY of Warren, withdrew the
demand.
Mr.. NEwCOMB moved to postpone the fur
Their consideration of the special order till seven
O'Clock +. VI.
Mr., GRIFFITH and Mr.. LopP opposed the
motion.
The motion to postpone was rejected afr-
NATIVE a.; negative "a.
Mr.. RiiOADS demanded the previous ques-
ton.
Mr.. BROWN demanded the yeas and nays.
The SPEAKER decided the demand for the
yeas and nays to be out Of order.
Mr.. BROWN appealed.
MI. NEMtOMD utpTttdltu the Ea1 anu cut
ting off debate on these important ques-
tons.
Mr.. BIZ >hIRK stated that theyeas and NAYS
were admissible on secOndng the previous
question. but not on the next succeeding ques-
ton, viz: shall the main question be now put:
The SPEAKER thereupon changed the rul-
ing, and the yeas and nays were ordered. and
being taken. the House refused TO second the
previous question-ycas. II; nays, -.
\ message was received from the Acting
Governor. by 4. l.. Jacobs. his private >ecre-
tary. Transmitting COMMUNICATED from the
Treasurer. Auditor and Secretary Of State.
and the Clerk Of the Supreme Courts. relative
10 the exposed condition of the papers and ar
chiyes Of the state; recommending the pur-
chase Of the bank building, lately occupied by
the Bank Of the state. for their better Sc
curity.
Mr.. HARRISON said: ~ one Of the mi
norty Of the Committee on Constitutional
Amendments, deem il due 10 myself. and
especially 10 the constituency that | have the
honor in part 10 represent. that should state
my objections TO the passage Of the joint Reso-
luton under consideration. The resolution
proposes an amendment 10 the Constitution
Of the state. by striking from that instrument
tn. Thirteenth Arfltlc Thereof h.l, yr.hff.ff-