The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-22

Mr.. RHoADS moved to lay this motion on
the table
On motion by Mr.. PRATHER, the House
here took recess till 2 O'Clock Pm.
AFTERNOON SESSION.
On motion by Mr.. COFFROTH it was
Ordered, That when the House adjourn this evening,
II shall be Till tomorrow, O'Clock p
He made this motion on account OF the pres
ent necessity for work in the Committees
The order was adopted
ABSENCE.
On motion by Mr.. Branham, Mr. Olleman,
and on motion Of Mr. Brown, Mr.. Montgomery
had leave of absence FOR few days, on account
of illness.
The SPEAKER returned to the unfinished
business of the morning. viz: Mr. Rhoads' mo-
ton to table Mr.. Higgins motion to refer both
the majority and minority reports on Mr.. Gre
CORY of Wsuen's Negro School bill, 2Os, and
decided that the said reports were not properly
before the House
BABEAs CORPUS.
Mr.. NEWC0MB. from the Committee on
the Judiciary, returned the Senate bill, No
1876, with amendments and recommendations,
viz: First, that the bill be reconsdered, and
that it be amended by adding an emergency
clause. Secondly, amend the title so as to
read, IAN Act to amend the 10th section of
the General Practice Act OF June Is. 1859, so
TO deprive the Supreme Court and the Judges
thereof of original jurisdiction in cases of xrts
Of babeas corpus, and charging the powers of
the Circuit and Common Pleas Judges in rela-
ton thereto, in this act provided and prescri-
bed"
The vote on the passage of the bill was re-
considered, and the first amendment was
adopted
Mr.. BUSKIRK proposed further to amend
by adding, appropriately, this: Provided such
Jurisdiction shall not be taken away in cases
now pending" He stated that he desired to pro-
vide for the case of the application from Ripley
county before Judge Ray, which is set down for
10 day: the witnesses here, and il can be bet
ter and more economically disposed of here
than 10y sending back to the Circuit Judges
Besides. he had understood that the local Cir
cult Judge had declined to act in this case and
the Common Pleas Judge held that he had
no jurisdiction. So the applicant was compelled
to come here.
Mr.. COFFROTH. The case to which the
gentleman referred would occupy the Judge
during the entire term of the Supreme Court,
therefore he opposed the amendment.
Mr.. MILLER inquired whether this case is
from a distance?
Mr.. BUSKIRK. From Ripley county.
Mr.. MILLER. The State pays no cost Of
witnesses, and it would be but justice to the
witnesses to send the case back, il the case is
not soon disposed Of
Mr. NEWCOMB understood that all the wit
nesses we're not yet here; and unless it could be
disposed Of before these amendments chould go
back for the concurrence of the Senate, be
thought il best that the case should go back to
the Circuit Judge.
Mr.. Buskirk's amendment was rejected. The
bill, as proposed to be amended by the judiciary
Committee, was then again finally passed the
House by yeas so, nays o, and the title was
amended according to the recommendation Of
the Judiciary Committee.
THIRTEENTH ARTICLE
The House took up the special order. viz
Mr.. Meredith's Joint Resolution II. X No ] I
to amend the Constitution OF the State by strik-
ing out the! Thirteenth Article thereof with the
conflicting Recommendations by the majority
and minority Of the Committee on Rights and
Privileges.
Mr.. BUSKIRK said, Mr. Meredith, the au-
thor OF the Joint Resolution, was entitled to
open the debate. but was prevented from doing
so by indispostion. Ii was upon his motion that
the subject was made a special order for this
day. and this afforded pretext for him to take
the floor
he addressed the House at length 10 oppcs.
ton to the Joint Resolution His speech is re-
served for correction. 1t will appear hereafter
Mr. MEREDITH took the floor. but gave
way for
Mr.. KILGORE. on whose motion the further
consideration of this special order was DOS poued
till Thursday. 10 o'clock A N.
The cALESDAR-GRASD JuRIEs.
Mr.. Buskirk's grand jury bill, No 900. intro
duced the 18th inst, coming up on the second
reading
Mr.. BCSKlRk moved that il be referred to
the Judiciary, with instructions to report il back
and recommend its passage. He said the pre-
sent grand juries have only jurisdiction of fel-
ouies. The amendment here proposes TO give
to the Circuit Court original exclusive jurisdic-
ton of felonies. and concurrent jurisdiction in
the Common Pleas and Justices Courts in cases
of misdemeanor The new Constitution changed
our Grand Jury system, and we have tried the
experiment thereon for twelve yesrs. The re-
sui. has been that the men who commit misde-
meanors, assault aud battery, or carry concealed
weapons literally 60 unired and UNPUBLISHED. As
the law now stands, if the rights Of property OF
q citizen are invaded, he has to complain himself
and generally employs a lawyer 10 prose cute, on
account Of the intihciency OF prosecuting attor-
news and the result il that men suffer wrong
rather than 60 to the trouble and expense of q
prosecution. Ii was q cruelty to punish men
who commit murder and steal, when the State
permits the Lesser offences TO go UNPUBLISHED.
We must commence With those who frat violate
the Law. Some poor man may be wronged, bis
property nay be invaded and the man that
does it is powerful and vindictive Therefore
the poor man ~ill not commence 9 prosecution
Then let him 20 before tie Grand Jury. In bis
judgment the protection OF the morals of GU,
State require that Grand Juries should have
Jurisdiction in the Common Pleas and Justice
Courts. His EIcellency Gov. Morton concurred
in THE view and when Mr. B went to bis room
10 thank him for il, the Governor said be had
been too long q lawyer upon this question, bu
bad learned that. If We would protect our people
We must commence with those who are guilty o.
misdemeanors.
Mr.. COFFROTH agreed entirely with Mr.. B
10 the opinion, that our mode of Furnishing mis-
demeanors. is simply licensing them. However
be did not think IL worth while to take ties
vote, for be supposed there were not Eve mel
in the House, who would vote against the bill
he suggested the propriety of simply referring
the bill 10 the Committed on the Judiciary. II
moved so 10 amend the motion.
Mr.. BUSkIRK accepted the modification
and the bill was referred TO the judiciary Com
mittee, without. instructions.
NATIONAL cKxErERY AT eErTYssURG.
A message vas nov received from the actin,
Governor. By the hand Of his private secretary
transmitting the report Of Colonel James Blake
State Oomnissioner Of the soldiers Naliona
Cemetery. at Gettysburg. Pennsylvsnia also
pamphlets, embracing the correspondents vhicl