The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-30

Itt~f upon tnNfli. ne " % fttf-t
81 the avenues 20 personal liberty. Every
Court la the state should b. open for the pur-
poses Of application for this writ by parties
strained Il liberty; and there i no right OF
justice in the proposition 70 close the highest
Court I'm the state q Indiana against her Citi-
zens In this respect. IL were better that every
single case on the docket q the supreme Court
should stand still than that one innocent man
should be kept in Jail one hour.
Mr.. CORBlN. At the time this bill passed
was one one II those who carclessly and incon-
-iderately voted for II. lie should now oppose
concurring in the House amendments and aid
In every possible way % Kill the bill, for u
ought 10 die. This bill proposes TO curtail the
privileges Of the writ q hdbeds corpus, which
heretofore has been regarded one q the
greatest privileges Of an American citizen.
That there was no abridgement Of the priyi-
leges Of the writ Of haIe0s corpus has been the
prOudest boast OF an American citizen. No
hand should be raised % strike il down, or 20
curtai any 81 it, privileges. What Is the plea Of
necessity urged for the cuTtaiiment ofthis right
AZ the present time Why the supreme bench
want % be relieved Of a little labor. That j.
all. II We attempt to cuTtail these P-Nilcges
hy shutting up one Of the avenues 70 obtain
that writ, we strike a blow that viii be felt In
all time - come and. IL would seem that we
strike blow at the Constitution itself Butt
j. claimed that this bill would leave the party
with the right Of appeal TO the supreme Court.
Then that Court would not be relieved Of this
class Of business and the appeal would come
up surrounded with many prejudice-.
Mr.. ALLISON enyicd the senator having
higher appreciation than he Of the rights and
privileges Of wTits q hqbedS corpus, but
thought they could be guaranteed 10 every
citizen without the necessity Of burdening the
Supreme Court. encumbering it, records, and
preventing its attention 10 IT, proper business
The sole object Of this bill Is that the supreme
Judges should not be burdened by trying
writs of habeas corpus. II the writ i refused
by the courts below, an appeal lies 70 The Su-
premc Court. and they are compelled 10 take
up the ease Immediately. But there would
not Ice one case in nifty where the courts below
would refuse 10 grant an application. He
knew Of but one ease in practice Of twenty
years. and then the refusal was based on the
idea that the Judge did not have jurisdiction.
This bill gives the Judges Of both the Common
Pleas and Circuit Courts jurisdiction, that
plea can not be made after it, passage. lie
hoped the bill would pass. 30 that the supreme
Court may be deprived Of original jurisdiction
in these eases. Then applications would be
made 10 the courts al home. and witnesses
would not be compelled 10 come up TO The cap
ital at a heavy expense, for which the law pro-
yides no remuneration.
Mr.. NILES remarked that he was no special
/ advocate Of the bill, but inclined To favor
H.. The supreme Court was intended solely
a. a court Of errors, and IL was an anomaly In
our system 30 require the Judges to hear writs
Of hdbeds corpus. Their opinions constitute
part Of the law Of the state, and settle rules
OF property and all private rights. He thought
IL important that their whole time be given 10
the peculiar duties Of their office. At the same
time he would not, in any manner abridge the
great writ Of liberty. Ii necessary, he would
amend the hdJedS corpus act SO that in case 81
one local judge being prejudiced, another
could be called in TO try the ease; and il, as
has been intimated, any judge should dare To
refuse the writ, when properly applied for. he
would make the penalty for such a refusal
tenfold greater than at present. He suggested
that the hdIeGs corpus act could be so amend
ed as 10 avoid all necessity for bringing such
cases. in the first instance. before the Judges
Of the supreme Court.
Mr.. VAWTER was the only Senator who
voted against this bill on its passage, and he
now but more firmly convinced that il ia
wrong 10 take from the supreme Court its
present jurisdiction in hdbeds corpus eases
There is not Circuit or Common Pleas Court
i'm his part Of the state but what il overbur-
thened with business. and he could not see
the justice Of still further burthening these
courts and relieving the Judges of the supreme
Court, who. il i said. are about up with their
business. The judges Of The supreme Court
receive a salary Of $1,000. and the Circuit
Judges, who DO twice the business, but 81, 900,
For these and reasons given by the senator from
Rush Mr.. Cullen, and others, he should vote
against concurrence in the amendments.
Mr.. CASON'S understanding was that this
bill will enlarge the privileges Of the writ Of
hdbedS corpus. Ii was unquestiOnably better
10 vote for this law. The arguments presented
by the senator from LapOrte Mr.. Miles, were
important, and should receive the attention of
Senators
Mr.. THOMPSON opposed concurrence i'm the
amendments of the House, because he desired
To see the bill fail. \ mans personal libertyi i
above all property, and he ought 10 have the
right TO appeal to IIerod or to Cesar
Mr.. BROWN. of Wells. voted for the bill
when il passed the senate. entirely through
the confidence he had in the friends of the bill,
and not from personal knowledge of its pro-
visions. Under circumstances since disclosed,
and upon the discussion of the merits of the
bill this morning. he was now compelled TO
vote against concurrence.
The Senate refused TO concur in the House
amendments by yeas Is. nays %, rs follows:
YEAs-Allison. Beeson. Bennett, Bonham. Cason
Chapman, Culver, Dykes. Mes Noyes, Oyler Resgan
Terry, Van Buskirk, Ward aud wOois-l5.
NArs-Bsrker. Bowman. Bradley, Brown of Hhmil-
ton Brown of Wells, Cobb, Corbn, Cullen Davis Doug
las English. Frch. Fuller, CAT, Clifford Hanna Jil-
kins. Marshall, MoCurg, Mason. Migan, Moore, New
lin, Richmond. Stages, Thompson Nawter, Williams
ami Mr. Pres.dent-29.
REPORTS FROM CONINnTTEEs-CoNTIAU
Mr.. RICHMOND. from the Committee on
Organization Of Courts, returned the Wells
Circuit Court bill Is. No. 265l recommending
its passage
The report was concurred in and the bill
read the second time.
Mr.. BEESON, from the Committee on Fl
nance, returned the bill :. 1s2. providing for
an organization of Circuit Courts. etc, recon-
mending its reference 10 the Committee on Or
ganization of Courts.
Mr.. CHAPMAN, from the Committee on FL
nance, returned the bill :. No. l., authorizing
creditors in certain cases 10 bring action for
their claims before they are due; also. the
hGbedS corpus bill ;. No. 1886; recommending
their reference 10 the Judiciary Committee
These reports were concurred in.
Mr.. BONHAM, from the Committee on FL
nance, returned the bill :. No. DO in relation
10 the organization of the senate and House. re-
commencing its passage.
No action WAS taken on this report.
Mr. WOOD. from the Finance Committee.
returned the bill ;. No. Do. making an appro-
priation for the Gettysburg soldiers Cemetery:
recommending it, pa>sage.
Mr.. BRADLEY from the Committee on Fl
nance. returned the bill III. X. No =. provid-
Ing for the sale Of certain lands in the counties
Of Jasper and Newton, &c, recommending
passage.
Mr. RICHMOND. from the Committee on
County and Township Business returned the
bill III. K. % 10 amend section IA Of the uniform
Township Business act; recommending. it,
passage.
Mr. COBB. from the Judiciary Committee.
returned the hill :. No. PIC. 10 repeal sections
q and 81 Of An Act prescribing who may
make will, etc. approx cd May 81. 1872, re
commenting IL passage
These reports We're concurrcd I'm. and the
bills were read second time.
AGRICULTURAL COLLEGE.
On motion by Mr.. DJ-NNING Mr.. Van
Bu>kirk in the chair, the message from the
Acting Coy ernor. received this morning. trans
hitting a communication from citizens of Mon
roe county. maxim. proposition 10 give the
state the geological and mineral Cabinet Of
the late David Dale Owen. valued at $4,000.
and suitable farm worth 49, 900. conditioned
on the location Of an agricultural college al
bloomington; was taken up and referred 10 the
special Committee on Agricultural Colleges.
And then the senate took a recess till =
o'clock. 7. VI.
AFTERNOON SESSION.
The PRESIDENT stated the special order
for this hour 10 be the consideration Of the bill
y a. a.. = 81.