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Brevier Legislative Reports, Volume I, 1858, 204 pp.
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not let anything go without a written receipt. Our Door keeper might give him a receipt and let him require a receipt in turn from members. I am ready to vote for any resolution that will stop this kind of extravagance.

Mr. MURRAY. As far as general economy is concerned I suppose we all agree. That there was and has been rascality in every session of the Legislature we will not take the responsibil ity of denying. Now we have a Door-keeper, let him report under o.tth, and let no account be allowed unless under oath. I don't see any necessity for making the Librarian the financial officer of the Senate in making these purchases. The Librarian is not our officer, and the Door keeper is; we have control over him, and can put the strings down upon him. I hope that the resolution of the Senator from Montgomery will be so amended as to strike out "Librarian" and insert "Door keeper"

Mr. BOBBS. I concur with the Senator from Howard that the Librarian is not the proper officer. I think that a committee can report some system upon which we can agree. We all agree that something must be done.

Mr. Green's motion was agreed to, and the President appointed Messrs. Green, Wallace, March, Conner and Weir, said committee.

SMOKING.

Mr. HILL. Mr. President, I offer the following resolution:

Resolved, That the Door-keeper be directed to prohibit smoking in the Senate Chamber during session hours.

Mr. WALLACE. It you will make it apply to the smoking of stoves, I am content. The resolution was adopted.

BANK FRAUDS.

Mr. WEIR offered a resolution calling upon the chairman of the felect committee of last session of the Senate on Bank Frauds to make out the names of witnesses summoned before it. The distance traveled by those witnesses; and to make out the sum the Sergeant at-arms is entitled to; that the same be certified to for payment; and that the chairman certify to the whole, for the use of the Finance Committee of the Senate.

Mr. MURRAY. That is an entering wedge to a little expense. This committee have given the names of witnesses, and the time and mileage they are entitled to. If the Senator will state any specified object he has in view, I may have no objection to his resolution.

Mr. HEFFREN. I wish to state a few things in connection with this subject. It is time the committee did certify to the distance each witness traveled, but there is nothing there to show what the Sergeant-at arms done. As Chairman of the committee the subpoenas were all signed by me. The Sergeant-at arms received only a small pittance of his pay. He employed assistants and paid them out of his own pocket. At the last session of the Senate a resolution was introduced here in which the Sergeant-at-arms was allowed the same mileage and fees that Sheriffs are allowed. By some means that resolution did not go to the House, and the accounting officers refused to pay the amount to the Sergeant-at roms. I have no interest in this matter, only that these men should be reimbursed for the labor and expense attending the duties we imposed upon them at that time. My opinion is that this committee had no power o act after the adjournment. For the purpose of getting at this matter, I move that the subject be referred to a select committee of three.

MR. MURRAY. I would suggest as an amendment, that the chairman of the Bank Fraud Committee be respectfully requested to report the amount each witness and the sergeant-at arms and assistants are entitled to for services.

Mr. HEFFREN. That will be imposing a good deal of work upon that committee. There are one hundred and fifty subpoenas in the case.

Mr. GOODING. I have some objections to this proposition. It is impossible for the chairman of the committee to tell what mileage would be due. I understand that some witnesses came here and were subpoenaed at the Capital.

Mr. HEFFREN. For those subpoenaed at the Capital, no charge is made.

Mr. GOODING. That is what I wanted to get at. I think that committee is still in power. I want no swindles about pay.

Mr. HEFFREN. As far as the imputation as to the chairman of that committee making swindles, I hutl it back with contempt, and he may take it as he pleases.

Mr. GOODING. The Senator from Washington is becoming excited without cause. He had no charge made against him. He must have a very little stock of conscience, or he would not feel any such thing; but I felt that officers might impose upon the chairman. I have no imputations to cast upon any Senator.

Mr. MARCH. I have every confidence in the Senator from Washington, anc don't think he would do anything out of the way. I think it ought to come from the whole committee, and not from any one member. I see no necessity for a select committee.

Mr. BOBBS. As a member of that committee, I do not see that the truth of what is aimed at here, can be so well arrived at in any other way, page: 10[View Page 10] as coming from those who had charge of the original matters. I think these claims ought to undergo the scrutiny or the same committee.

Mr. HEFFREN. I have no objection to accepting the motion to refer to the Committee on Bank Frauds. If the chairman is such a blockhead that the Sergeant-at-arms can impose upon him, I think with the assistance of the Senators from Delaware, Jennings and Marion, he can be free from temptation, and that such scrutiny as the Senator from Hancock, will protect an exhausted treasury.

Mr. WEIR. The only object I had in introducing the resolution was to get at the fees to which the Sergeant-at-arms and some others were entitled. If there is any danger of frauds by thechairman making the report, I am willing for it to go to the whole committee.

Mr. GOODING. The Senate will permit me to say that I did not intend any disrespect to the chairman, but I wanted the whole committee to be responsible for what was done.

Mr. CRAVENS, of Jefferson. I understand this committee has never made a report. Until they make a report, I move to lay the matter on this table.

Mr. HEFFREN. The report has been printed but never submitted to the Senate.

The motion was agreed to.

STATIONARY.

Mr. JOHNSON. Mr. President, I offer the following resolution:

Resolved, That the Secretary of State be requested to Inform the Senate whether he has purchased and is ready to furnish stationery for the present session.

The resolution was adopted.

POLITICAL.

Mr. HEFFREN. Mr. President, I offer the following resolutions:

Resolved, That we affirm the original and essential inferiority of the negro.

Resolved, That we deny that the negro was intended to be embraced within the abstractions of the Declaration of Independence, and assert that the right to freedom and equality was predicated only for the dominant race of white men.

Resolved, That we deny that negroes are citizens of the United States.

Resolved, That we affirm the compatibility of a confederacy of free and slave States and the possibility of their harmonious co-existence under a common Constitution.

Resolved, That we affirm the absolute sovereignty of the States, in respect to their domestic institutions, and deny the authority of the Federal Government to discriminate for or against the interests of slavery.

Resolved, That we desire to inculcate a policy of nonintervention as between the free and slaveholding States, as well as between the latter and the Federal Government.

Resolved, That we support the decision of the Supreme Court in the Dred Scott case, and in the sense that it guarantees to the owhers of slave property an equality with the owners of other property, in introducing it into the Territories; contending, also, that as slave property, it like all other property, must be subject to all such local laws of the Territories as do not infringe upon the Constitution of the United States; that slave property being thus placed on an equality with other property, if it requires higher and further affirmative legislation for its protection and security than is afforded to other property, is a misfortune attending that description of property, for which we have no remedy, and are not responsible.

Resolved, That we uphold all the guarantees of the Federal Constitution in respect to rights of the slaveholding States.

Resolved, That we maintain the dignity and independence of the Senatorial fuction against the encroachments of Executive usurpation.

Resolved, That we protest our opposition to Republicanism, at every point, and upon every principle.

Resolved, That we pledge fidelity to the organization, principles and nominees of the Democratic party.

Mr. BENNETT. I move to lay the resolutions on the table.

Mr. Bennet withdrew his motion for

Mr. GOODING, who said: I will make this motion, that these resolutions be postponed until this day three weeks, at two o'clock. We are called here upon a special and important business, and at the close of the session I am willing to enter into political questions. Some of these resolutians I will support, and some I will not. I ask the Senate to postpone this and any other question of a similar character until this day three weeks - until we transact other important business. I think this proposition ought to be satisfactory to all. I do not intend to dodge a vote upon any proposition of this kind. When the time comes I am willing and anxious to see every Senator upon this floor where he means to stand.

Mr. BENNETT. I renew my motion.

Mr. WALLCE offered a resolution which was ruled out of order by the Chair.

Mr. HEFFREN demanded the yeas and nays, and the same being ordered and taken, resulted yeas 41, nays 9, as follows:

YEAS - Messrs. Anthony, Beeson, Bennett. Blair, Bobbs, Brown, Carnahan, Cobb, Connelly, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Gooding, Green, Hamilton, Hargrave, Hendry, Hill, Johnston, Jones, Kinley, Line, Lomax, McClure, McLean. March, Miller, Murray, O'Brien, Odell, Rice, Robinson,Shoemaker, Steele, Stevens, Thompson, Turner, Wagner, and Weir - 41.

NAYS - Messrs. Fisk, Heffren, Jennings, Slack, Studabaker, Tarkington, and Wallace.

Mr. GOODING, when his name was called, said: That there may be no mistake about it, I desire to say that I shall vote to lay these resolu tions on the table; but I do not mean to be understood as being against them. I do not indicate how I shall vote upon their passage.

Mr. HAMILTON, when his name was called, said: I wish to state the reason for my vote. Icame here determined, as far as my vote go, that no political question should enter this body.

Mr. HEFFREN, when his name was called, said: I wish to state the reason for my vote. I copied these resolutions word for word, without the crossing of a "t" or the dotting of an "i" from the Douglas Platform as laid down in the Chicago Times, I want to see if there are any Douglas men in this Senate.

Mr. GOODING. There are no Douglas men here - we are all Democrats - we follow no man.

Mr. HEFFREN. I vote "no."

Mr. MARCH, when his name was called, said: I had supposed that the Union was out of danger at least that is the last report from Dr. Hammond, of South Carolina, who, I understand, now stands at the head of the political doctors who are to save the Union. If there was anydanger, I should feel myself bound to vote against laying on the table, but as at present advised I think the Union is out of danger, and vote 'yes.'

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Mr. ODELL, when his name was called, said: I shall vote to lay on the table, on the ground that I do not wish political questions taken up at this session.

Mr. WALLACE, when his name was called said: I wish to be excused for the following reasons: As I understand the resolutions, they are good Democracy, but as I am unwilling to assist in the discussion of politics, I ask to be excused.

The Senate refused to accept of the excuse.

Mr. WALLACE. I have no hesitation in saying "no," because they are my sentiments.

So the resolutions were laid on the table.

HOURS OF MEETING.

Mr. MURRAY. Mr. President, I offer the following:

Resolved, That the regular hours of meeting of the Senate be nine o'clock A. M. and two o'clock P. M., each day.

The resolution was adopted

ORDER OF BUSINESS.

Mr. WALLACE. Mr. President, I now offer the resolution you ruled out of order awhile ago,Resolved, That the interests of the people demand that this Legislature, without delay, proceed to the passage of acts for the raising of revenue for State purposes, the re-appraisement of real estate; and at the election of officers, the discussion of political question, and contested election cases shall be postponed to the regular session, and that when such acts are matured and passed this session do adjourn.

Mr. CONNER. I move to lay the resolution on the table.The yeas and nays were demanded, and being ordered and taken, resulted - yeas 27, nays 23 - as follows:

YEAS.Messrs. Anthony, Beeson,Bennett, Blair,Bobbs, Brown, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Gooding, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner, and Weir - 27.

NAYS.Messrs. Carnahan, Cobb, Connelly, Fisk, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McZean, Miller, O'Brien, 0dell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams, and Wilson - 23.

So the resolution was laid on the table.

REAPPRAISEMENT OF REAL ESTATE.

Mr. HEFFREN. I move a suspension or the roles in order to introduce a bill.

The PRESIDENT. (Mr. Tarkington in the chair.) We have no rules at all.

Mr. HEFFREN. It is a bill for the reappraisement of real estate, an act to reappraise the real estate of this State.

The bill was read through by the Secretary.

MESSAGE FROM THE HOUSE.

A message from the House was received at the hands of their Principal Clerk, announcing that a committee, consisting of Messrs. Murray and Blythe, had been appointed by the Speaker to wait upon some minister of the gospel in the city and request him to open this General Assembly with prayer, at 2 1/2 o'clock, before the delivery of the Governor's Message

RE- APPRAISEMENT OF REAL ESTATE.

The PRESIDENT. (Mr. Tarkington in the chair.) This is the first reading of the bill; it will pass to a second reading to-morrow, if no objection is made.

Mr. STUDABAKER. I move that the rules be suspeneed, and that the bill be read a second time by its title.

The yeas and nays were demanded upon this motion, and being ordered and taken, resulted yeas 40, nays 10.

Mr. HEFFREN. I now move that the bill be laid on the table, and one hundred copies be printed for the use of the Senate.

The motion was agreed to.

Mr. MURRAY. I move that the message just received from the House be taken up.

PRAYER.

The motion was agreed to, and the Chair was authorized to appoint a committee of two to act with the committee on the part of the House, appointed to wait upon some Minister of the Gospel and request him to open this General Assembly with prayer upon the occasion of its coming together to hear the Governor's Message, at 2 1/2 o'clock.

The PRESIDENT, (Mr. Tarkington in the chair,) appointed Messrs. Murray and Carnahan said committee.

And then, on motion, the Senate took a recess till 2 o'clock.

AFTERNOON SESSION.

Precisely at 2 o'clock, the President called the Senate to order.

MESSAGE FROM THE HOUSE.

A Clerk of the House appeared and said that he was directed by the House of Representatives to inform the Senate of their adoption of the following resolution:

Resolved That the Senate is invited to attend in the Hall of tne House, at 2 o'clock, P. M., to be present at the opening of the business of this General Assembly with prayer.

COMMITTEE REPORT.

The committee appointed to act in concert with the House committee on the same subject, reported that they had discharged that duty, and that the Rev. AARON WOOD will attend at 2 o'clock, and open the General Assembly with prayer.

FINANCIAL.

Mr. HEFFREN. I offer for adoption the following resolution:

Resolved, That a committee of two on the part of the Senate be appointed to act with a committee on the part of the House, to examine into the finances of the State, and also with regard to the indebtedness of one fund to another.

Mr. MURRAY. I move that resolution for the present lie on the table. The motion was agreed to.

NEW COUNTIES AND COUNTY LINES.

Mr. WEIR. I wish to introduce a bill. It is very short. It is entitled, " An Act to repeal an act authorizing the formation of new counties and changing county boundaries."

The bill was read the first time and passed to a second reading to-morrow.

COMMUNICATION FROM THE SECRETARY OF STATE

The PRESIDENT laid before the Senate a communication from the Secretary of State, in response to a resolution adopted this morning, in which he says that in pursuance of law an ample page: 12[View Page 12]supply of stationery has been purchased directly from manufacturers at manufacturers' prices, &c.

GOVERNOR'S MESSAGE.

Mr. MURRAY. I am informed that two o'clock is the time fixed for reading the message in the other end of the House. I move that we take uo the message just received from the House of Representatives.

The Senate consented, and the message was taken up.

Mr. HEFFREN. I move that the Senate concur and repair immediately to the Hall of the House.The motion was agreed to, and the Senate retired accordingly.

When the President reassumed the Chair, the Senate adjourned till to-morrow morning, nine o'clock.

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