IN SENATE.
THURSDAY, December 2,1858.The Journal of yesterday was read.
PUBLIC HIGHWAYS.
Mr. COOPER. I ask leave to make a report from the Select Committee, to which was referred a resolution on the subject of roads.
Leave was granted, and Mr. Cooper submitted the following report:
page: 69[View Page 69]MR. PRESIDENT: The Committee on Roads, to whom, was referred the following resolution
Resolved, That the Committee on Roads be instructed to inquire into the expediency of declaring Water Courses public highways, and making it the duty of the Supervisor to keep them free from obstruction, and report by bill or otherwise, have at the same under consideration, and report that it is inexpedient.
The report was concurred in by consent.
SWAMP LANDS.
Mr. GREEN. Mr. President: I offer the following resolution:
Resolved, That the Committee on Swamp Lands be authorized to send for papers and witnesses, to enable them to fully investigate the alleged frauds committed in the management of the swampslands, and the frauds arising from the sales of said lands.
Mr. GOODING. Before we vote upon this resolution, as it will incur a good deal of expense, I would like to know something about these alleged frauds.
Mr. GREEN. "Alleged" may be a strong word, but if there is anything in Madam Rumor, there are a good deal of frauds in these swamp land matters. An act donating lands for draining purposes is in force, but somehow or other the lands are gone and the ditching is not done, and there must be swindling going on somehow or other. We want to send for the Swamp Land Commissioners, to see where the fraud is.
Mr. GOODING. I understand the Senator wishes to go fishing to ascertain whether Madam Rumor is right.
Mr. GREEN. We are satisfied there is something wrong, and we want to fish for it.
Upon a division of the Senate, the resolution was adopted.
Mr. CONLEY. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Greene
Resolved, That the committee apoointed during the session of the General Assembly in the year 1857, to investigate the conduct and methods resorted to by persons to secure the passage of the charter for the Bank of the State of Indiana, be requested to report to this body as soon as they can do so.
Mr. HEFFREN. I stated to the Senate but the other day, that the committee would report as soon as it was in their power to do so.
Mr. GOODING. Will the Senator inform the Senate whether the report will be in in a few davs?
Mr. HEFFREN. I suppose it will be in this afternoon.
The resolution was adopted by consent.
INSURANCE LAW.
Mr. FISK. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Ripley:
Resolved, That the Committee on the Judiciary inquire into the inefficiency of the present Insurance law and the difficulties attending its enforcement, and report by bill or otherwise.
The resolution was rejected.
JURISDICTION OF JUSTICES OF THE PEACE.
Mr. McLEAN. I desire to submit the following resolution:
Resolved, That the Judiciary Committee be requested to inquire into the expediency of so amending the Justices' Act as to make the jurisdiction of Magistrates in civil cases co-extensive with their counties respectively, instead of townships, as the law now exists; and, if the same be deemed expedient, to report a bill to that effect at as early a day as practicable.
The resolution was rejected.
Mr. McLEAN. I would just simply state that this is a resolution of inquiry, and I trust that the Senate will yet let it go the Judiciary Committee. I hope the Senate will confer the favor upon me, and permit it to have that reference.
Mr. MURRAY. I move a reconsideration of the vote just taken, although I shall always vote against the object of the resolution.
The motion was agreed to, and the resolution was adopted by consent.
ABANDONED HIGHWAYS.
Mr. STEELE. I ask leave to make a report from a select committee.
Leave was granted, and Mr. Steele submitted the following report:
Mr. PRESIDENT: The select committee to whom was referred Senate bill No. 15 to authorize and empower the County Commissioners or Board doing county business in any county to take possession of arid control any and all plank, gravel and McAdamized roads in their respective counties which may have been abandoned by the corporations, report that they return the bill without amendment, and recommend its passage.
The PRESIDENT. The question is, "Shall the bill be engrossed and read a third time?" The Senate agreed, and it was so ordered.
HUNTING PARTIES.
Mr. JOHNSTON. Mr. President.
The PRESIDENT. The following resolution is offered by the Senator from Putnam:
Resolved, That the Committee on Agriculture be instructed to inquire into the expediency of enacting some law for the better protection of fencing and timber against hunting parties, and report by bill or otherwise.
The resolution was adopted by consent.
Mr. BOBBS. Mr. President, I desire to offer the following resolution:
WHEREAS, Elijah Newland,when Treasurer of State, loaned to the Madison Railroad Company $32,000; and, whereas, the said company failed to repay the same, in time to make payment to the Messrs. Harper, for books furnished the township libraries, according to the contract with them; and, whereas, from default of said payment at the time specified, two acceptances in lieu thereof, for $16,0 0 each, payable respectively at 8 and 12 months, in the city of New York, were accepted by the Treasurer; and, whereas, interest for such deferred payment was allowed and paid by the Treasurer, out of the township library fund; therefore, be it -
Resolved, That the Attorney General be directed to institute proper proceedings for the recovery of $1,960 due the library fund, for interest paid the Messrs. Harper, from said fund, not authorized by law, in the year 1854, with interest from the elite of such payment. Provided no adjustment of the same has been effected.
Mr. BOBBS explained the object of the resolution in a few words.
Mr. HEFFREN. I have only one thing to say: I hope the resolution will be referred to the Committee on Finance.
Mr. CRAVENS. I woulk like to make a suggestion to the Senator from Marion. There is a mistake in his resolution that perhaps may be fatal to it. The indebtedness is not upon the part of the Madison and Indianapolis Railroad - it is the Peru Railroad Company, before the consolidation.
Mr. HEFFREN. I move its reference to the Committee on Finance.
page: 70[View Page 70]The motion was agreed to, and the resolution so referred.
Mr. MURRAY introduced a bill (No. 56) to amend the 103d section of an act entitled An Act to revise, simplify and abridge the rules, practice pleading and forms of criminal cases of courts in this State, approved June 17, 1852, which was read through, and passed to the second reading.
Mr. MURRAY introduced a bill (No. 57) entitled An Act to amend the 381st section of the Law Reform Act, which was passed the first reading.
Mr. BLAIR introduced a bill (No. 58) to amend the 37th section of an act entitled An Act defining misdemeanors, and providing punishment therefor, which was read through, and passed to the second reading.
Mr. ANTHONY introduced a bill (No. 59) entitled An Act to amend the third section of the act regulating the licensing of pilots at the falls of the Ohio, which was passed the first reading.
Mr. LOMAX introduced a bill (No. 60) to amend an act entitled An Act authorizing agricultural societies to hold real estate, which was passed the first reading.
Mr. BENNETT introduced a bill (No. 61) entitled An Act repealing section 60 of chapter 2 of an act entitled An Act to establish courts of conciliation to prescribe rules, which was passed the first reading.
Mr. HEFFREN introduced a bill (No. 62) entitled An Act providing for the relief and support of married women when deserted by their husbands, and of children when deserted by their parents, which was read through and passed to the second reading.
Mr. BENNETT introduced a bill (No. 63) entitled An Act defining embezzlement and prescribing punishment therefor, which was read through and passed to the second reading.
RE APPRAISEMENT OF REAL ESTATE.
Mr. HEFFRKN. Mr. President, I move that the order of business be suspended and that we take up bill No. 3, for the reappraisement of real estate.
The motion was agreed to, and the Secretary read through the third time the bill (No. 3) to provide for the reappraisement of real estate and prescribing the duties of officers in relation thereto.
The yeas and nays were ordered, in pursuance or the Constitutional provision requiring the same on the final passage of the bill, and being taken, resulted - yeas 45, nays 1 - as follows:
YEAS - Messrs. Anthony, Beeson, Blair, Bobbs, Brown, Carnahan, Cobb, Conley, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Fisk. Gooding, Green, Hargrove, Heffren, Hendry, Hill, Jennings, Johnston, Jones, Kinley, Line, Lomax, McClure, McLean, March, Miller, Murray, O'Brien, Odell, Rice, Robinson, Shoemaker, Slack, Steele, Stevens, Studabaker, Tarkington, Thompson, Turner, Wallace, Williams and Wilson - 45
NAYS - Mr. Conner - 1.
So the bill passed.
The title of the bill was then read, and the question being, shall this be the title of the bill? It was so ordered by consent.
INDEBTEDNESS OF THE STATE BANK TO THE STATE.
Mr. WALLACE. Mr. President: I ask that the rules be suspended in order to enable me to introduce a joint resolution.
The Senate consented to a suspension of the rules.
Mr. WALLACE introduced a joint resolution (No. 3) touching the indebtedness of the State Bank of Indiana to the State, and appointing a joint committee to make investigation thereof which was read through and passed to the second reading.
Mr. BENNETT. I was not within the bar when the vote was taken just now. I desire to record my vote upon the bill for the appraisement of real estate. I vote "No."
BILLS ON THE SECOND READING.
The PRESIDENT. The Senate will now take up the order of the day - being bills on the second reading.
Mr. Studabaker's bill (No. 44) having reference to the safe keeping of the school fund, was read through the second time.
Mr. STUDABAKER moved the reference of the bill to a Select Committee of five, and it was so referred.
The PRESIDENT appointed Senators Studabaker, Hendry, Miller, March, and Williams said committee.
Mr. GOODING made an ineffectual attempt to instruct the Committee to make the Commissioners of the Sinking Fund "five" instead of three, as proposed in the bill.
GENERAL ELECTION LAW.
Mr. Rice's bill (No. 45) to amend an act regulating general elections, was read through the second time.
Mr. RICE moved its reference to the Judiciary Committee, and it was so referred.
Mr. JOHNSTON. I would like to offer the following instructions to the Committee:
To strike out all that part that requires a thirty days residence in the county and twenty days residence in the township or ward.
I offer these instructions merely to test the sense of the Senate with reference to the constitutionality of such a law. I insist we can make no law limiting the right of suffrage.
Mr. RICE. I moved this reference for the purpose of inquiring into the constitutionality of this question. I apprehend it is perfectly constitutional and legal to require even a six months' residence.
Mr. WALLACE We might as well settle it in the Senate as in a committee. I am free to say that question for me has a great many doubts. I was of opinion at the last session of the Legislature that an act of the, kind was unconstitutional, and I have not indeed fully made up my mind the other way. He thought the exigencies of the case demanded the passage of some such law at once; and if it should prove to be unconstitutional, there was a tribunal constituted to settle the question as to constitutionality of all acts which were passed by the Legislature.
Mr. JOHNSTON. I do not think it admits of a doubt when the constitution reads as plainly as it does. But I do not want to get up a discussion with the Senator from Montgomery, (Mr. Wallace.) The constitution says they who have resided in the State six months shall be entitled to page: 71[View Page 71]the townships where they reside. The best citizens in the State, who may have resided for years are continually moving. Do you suppose they would submit to such a law? No, sir; they would not be trampled upon in such a way. He would not submit to it a single hour. He would have no hesitancy in taking it up to the Courts.
Mr. MURRAY. This question was discussed the last session. If the Senator would so frame his instructions as to authorize the committee to inquire and report, we would have no objections. One of the first questions to be considered is, whether the Assembly has the power to pass the bill. The Legislature has the power to define what constitutes a residence, and the term of residence before the citizen can vote.
Mr. JOHNSTON would say it was incompetent for us to contend here with lawyers upon constitutional questions; but he had his opinion. He thought the Senator must stretch his construction as to what he calls qualifications to vote According to his construction, the residence does not commence till after the end of twenty days The Constitution does not so read, but that he shall reside six months before he is a resident, He took it, that a man's residence commences from the time he enters into the State. He was opposed to leaving the doors open for illegal voting, and willing to pass a law, no matter how stringent, to punish illegal voting.
Mr. WALLACE wished to direct attention to the fact that the Constitution says that every white male, twenty-one years old, who has resided in the United States one year, in this State six months, and declared his intention to become a citizen, shall be entitled to vote in the precinct where he resides. A man of foreign birth, when he has resided six months, the Constitution says when and where he shall vote. Now arises the question, is it not perfectly within the province of the Legislature to prescribe the residence in the township? The six months' residence is required to have been in the State the Constitution is silent upon township residence. It prescribes a residence in the State, but not in townships. If this Legislature attempted to require of an elector a residence in the township longer than six mouths, that would be a different question. We must neither add to nor take from anything in the Constitution on this bill. He admitted there was doubt arising on this question, but he would not permit the doubt to weigh as against urgent demands for legislation. If it is competent for the Legislature to define the act of residence in the township, it is also within the province of the Legislature to define the evidence of that residence.
Mr. ANTHONY. The Senator seems to think we are ready to discuss this constitutional question. If there is a doubt on the constitutional question, let us bring it to the proper tribunal, and if determined against, let us proceed at once to amend the Constitution so as to correct the abuses of the elective franchise. Where there is a doubt, it goes in favor of the exercise of this legislative power. He would vote for the proposition as instructions for inquiry, but was against such positive instructions. He thought this section of the Constitution needed amendment, andwould like to see this doubt determined. This was necessary in order to carry out what would be right and proper.
Mr. McLEAN thought this discussion was premature. The Judiciary Committee was designed to decide this point. He said there was no doubt as to the provision of the Constitution defining who were legal voters. It was susceptible of but one construction. That every white inhabitant of foreign birth who had declared his intention and resided one year was a voter. He was sworn to support the Constitution as he understood it. He moved that the proposition of the Senator from Putnam be amended so as to make it the duty of the Judiciary Committee to inquire into the constitutionality of the law proposed.
Mr. HEFFREN had no doubt that any law requiring a township residence of thirty days, or twenty days, would be unconstitutional. The law is that a man shall be sued in the township where he resides, and if he had to remain thirty days before he is a resident it would cause a good deal of trouble. The instructions to inquire into constitutionality he had no objection to. The object was to cut off the migratory or the working classes; and any bill which would take from them the privileges they were entitled to he would war against and vote against.
The amendment proposed by the Senator from Vigo was adopted, and the committee were instructed accordingly.
Mr. HEFFREN offered an additional section: That 12 freeholders decide upon the qualifications of a voter where a question was raised.
This proposition was rejected.
Mr. McLean's bill (No. 46) to amend the 9th section of an act to exempt certain property from sale, was read a second time.
Mr. McLEAN moved its reference to the Judiciary Committee, and it was so referred.
And then the Senate took a recess till two o'clock.
AFTERNOON SESSION.
The PRESIDENT laid before the Senate a communication from the Treasurer of State.
The PRESIDENT laid before the Senate a communication from the Attorney General.
Mr. MURRAY moved that these communications be referred to the Committee on Finance.
The motion was agreed to.
BILLS ON THE SECOND READING.
The PRESIDENT. The Senate will proceed to the consideration of the orders of the day bills on the second reading.
Mr. Weir's bill (No. 47) allowing the formation and defining conditions of limited copartnerships was read through the second time by the Secretary and passed the second reading.
Mr. MURRAY moved that it be referred to the Committee on Corporations, and it was so referred.
Mr. Bennett's bill (No. 48) to amend the General Law Reform Act being passed the second reading
Mr. BENNETT moved that it be referred to the Judiciary Committee, and it was so referred. Mr. Lomax's bill (No. 49) to amend the Common School Act, was passed the second reading.
page: 72[View Page 72]Mr. LOMAX moved to refer it to the Committee on the Rights and Privileges of the Inhabitants of the State, and it was so referred.
BANK FRAUDS.
Mr. HEFFREN. I ask the consent of the Senate to make a report from the Select Committee of the last session on Bank Frauds.
Leave was granted, and Mr. Heffren submitted a report of some five or six hundred pages of printed matter, and a number of pages in manuscript.
Mr. HEFFREN moved that it lay on the table without reading.
The motion was agreed to.
Mr. MURRAY moved to take up the supplementary part of the report and that it be referred to the Committee on Finance.
The motion was agreed to.
Mr. HEFFREN. As there are five or six hundred copies of this report printed and in the Secretary of State's office, I wish to offer the following resolution in reference to them:
Resolved, That the Door-keeper be directed to lay upon the desks of Senators their portion of the reports of the State Officers and the Superintendents of the Hospitals for 1857-58, together with one copy of the report of the Select Committee, of the last Senate, upon Bank Frauds, which are now in print.
The resolution was adopted.Mr. Heffren's bill (No. 50) to amend the general Law Reform Act, was passed the second reading.
Mr. HEFFREN moved its reference to the Judiciary Committee, and it was so referred.
Mr. Blair's bill (No. 51) to amend the act prescribing a uniform mode of doing township business, was passed the second reading.
Mr. BLAIR moved its reference to the Committee on County and Township Business, and it was so referred.
Mr. Jones' bill (No. 52) making public officers witnesses in cases brought by their relation, was passed the second reading.
Mr. JONES moved its reference to the Judiciary Committee, and it was so referred.
Mr. Murray's bill (No. 54) to amend the title of the general Law Reform Act, was passed the second reading.
Mr. MURRAY moved its reference to the Judiciary Committee, and it was so referred.
Mr. Tarkington's bill (No. 55) to provide for the safe keeping of public moneys, bonds, &c., was passed the second reading.
Mr. LINE moved it be referred to the Committee on Finance, and it was so referred.
KANSAS.
Mr. Wallace's Joint Resolution (No. 1) having reference to the admission of Kansas into the Union, and instructing our Senators and requesting our Representatives in relation thereto, was read the second time.
Mr. WALLACE said he desired to speak to that resolution, but as he had not the health sufficient to make the attempt today, he moved that it be laid on the table, and made the special order for Monday, at 2 1/2 o'clock.
Mr. MARCH offered a substitute.
Mr. FISK also offered a substitute.
Mr. BENNETT moved to refer the subject to the whole people, and make it the special order for the second Tuesday in October, 1860.
Mr. GOODING wished it further postponed; and took occasion to define his political position in a very few words.
Mr. CONNER moved to lay the resolution and pending amendments on the table; but withdrew the motion immediately.
Mr. WALLACE modified his motion so as to make his resolution the special order for Tuesday.
Mr. SLACK thought it was wrong to consume the time of the Senate in the discussion of these questions. Therefore he renewed the motion of the Senator from Wabash (Mr. Conner) to lay the resolution and pending amendments on the table; but immediately withdrew it.
Mr. McLEAN suggested as an amendment to the amendment of the Senator from Delaware (Mr. March) that we proceed to elect members of Congress in the place of Hughes and others.
Mr. WALLACE repeated his motion for the postponement till Tuesday.
Mr. MARCH stated that his amendment represented his view upon this question.
Mr. SLACK moved to have the motion of the Senator from Montgomery (Mr. Wallace) on the table.
The yeas and nays were demanded by Senators Slack and Heffren, and being ordered and taken, resulted - yeas 23, nays 24, as follows:
YEAS - Messrs. Anthony, Bennett, Carnahan, Conner, Craven, Culver, Fisk, Gooding, Hargrove, Heffren, Jennings, Johnston, Jones, Kinley, Lomax, McClure, McLean, O'Brien, Odell, Shoemaker, Slack, Stevens, and Weir - 23
NAYS - Messrs. Beeson, Blair, Bohbs, Brown, Cobb, Conley, Cooper, Cravens Green, Hendry, Hill, Line, March. Miller, Murray, Rice, Robinson, Steele, Studabaker, Tarkington, Thompson, Turner, Wallace, Williams and Wilson - 24.
Mr. MILLER, when his name was called, said he voted "no," not because he approved of these resolutions being introduced here, but out of courtesy to the gentleman who introduced them.
So the motion was not laid on the table.
Mr. HEFFREN moved Tuesday week.
Mr. SLACK proposed three weeks from next Tuesday.
Mr. ANTHONY said it was out of no disrespect to gentlemen who wished to submit their views on this subject, that he voted for postponement.
The yeas and nays were demanded by Senators Slack and Heffren, and being ordered and taken resulted - yeas 24, nays 22 - as follows:
YEAS - Messrs. Anthony, Carnahan, Cobb, Craven, Culver, Fisk, Hargrove, Heffren, Hill, Jennings, Johnston, Jones, Line, Lomax, McClure, O'Brien, Odell, Robinson, Shoemaker, Slack, Stevens, Studabaker, Williams and Wilson - 24.
NAYS - Messrs. Beeson, Bennett, Blair, Bobbs, Brown, Conley, Conner, Cooper, Cravens, Gooding, Green, Headry, Kinley, McLean, March, Murray, Rice, Steele, Tarkington, Thompson, Turner, and Wallace - 22.
Mr. McLEAN, when his name was called, said he would rather have this question referred to some night session, but out of respect to the mover, he would vote "no."
So the resolution and amendments were postponed to three weeks from next Tuesday.
STATE PROPERTY IN MARION COUNTY.
Mr. Heffren's joint resolution (No. 2) having
