IN SENATE.
MONDAY, December 13, 1858.The Journal of Friday was read
The PRESIDENT laid before the Senate a communication from the Auditor of State, in answer to a resolution of the Senate, as to whether any legislation was necessary for the reimbursement bv the Free Banks of expenditure made for them in the Bank Department of the Auditor's office by the State authorities, which was referred to the Committee on Banks.
Mr. WALLACE asked for a suspension of rules to enable him to submit a resolution in regard to heating the Chamber, appointing a committee to superintend the same, &c.
The resolution was adopted, and the President appointed Messrs. Wallace, Bobbs and Fisk said committee.
PETITIONS.
Mr. STEELE presented a Temperace memorial, which was referred to the Committee on Temperance.
Mr. McLEAN, from the Judiciary Committee, reported a bill (No. 89) amending an act providing for the election of clerks of Circuit Courts, and prescribing their duties, which was passed the first reading.
HOUSES OF REFUGE.
Mr. HILL submitted a resolution to the effect, that the Committee on Benevolent Institutions inquire into the expediency of erecting houses of refuge for juvenile offenders, which was adopted.
RESOLUTIONS.
Mr. TARKINGTON submitted a resolution that the Senate will, the House concurring, adjourn on Wednesday, the 22nd inst., which was adopted by the casting vote of the President.
Mr. LINE submitted a resolution of inquiry into the expediency of legislation for the protection of sheep and raising of the same.
Mr. HENDRY submitted a resolution of inquiry into the expediency of abolishing the office of Superintendent of Public Instruction.
Mr. TARKINGTON submitted a resolution that the Committee on Agriculture inquire if there can be any encouragement given to the people for the raising of sheep, and report by bill or otherwise, which was adopted.
Mr. HEFFREN moved, ineffectually, to suspend the order of business and take up messages from the House of Representatives.
page: 122[View Page 122]Mr. SLACK introduced a bill (No. 90) to amend an act providing for holding Courts in the Eleventh Judicial Circuit.
The bill was passed the first reading.
ELECTION OF UNITED STATES SENATORS.
Mr. WALLACE presented a bill (No. 91) regulating the mode of choosing United States Senators, prescribing the time, place, &c.
Mr. WALLACE. With the consent of the Senate, I desire to say, at this time, that it was my intention to have introduced the bill just read as a substitute for the one passed some days ago by the Senate. Unfortunately, on account of indisposition, I was absent during the consideration of the act passed. I avail myself of the opportunity, the first I have had, to offer this measure.
I have given it a careful consideration, and say now that, in devising and drafting it, I endeavored to rise above all partizan considerations, having in view the benefit of the whole people, and not the advantage of the Democratic or Republican, Abolition or American party.
The bill proposes a mode of choosing United States Senators by the General Assembly, in conformity to the Constitution of the United States. Its leading feature is a novel one, viz: providing a plan by which the voters at large can designate whom they want the Legislature to choose United States Senator.
In drafting it, Sir, I had in view several great reforms, among which I may, at this time, mention - first, making the election of United States Senators a certainty whenever those elections became necessary. By examining the bill, it will be seen that, whether the majority of the people designate a Republican or a Democrat, it will be the duty of every member of the General Assembly, regardless of his politics, to go into a joint convention on the second Tuesday of the session, at which time the election is required to take place, and vote for the person receiving the popular designation. Thus, Sir, if I should be a member of the Legislature required to elect, and the people should designate a Republican as their choice for United States Senator, under th s bill it would be my duty to vote for such Republican. On the other hand, if the person designated by the people should be a Democrat, every Republican Senator and Representative would be in duty bound to vote for him. In this way I hope to place the election of United States Senators above the contingencies of politics.
Secondly, I desired to give the people, through the ballot-box, a voice in the selection of those officers, the most honorable incident to their sovereignty as a State. For this purpose, the bill says that the people shall designate the person, leaving the Legislature merely to fill to constitu tional requirement, and formally choose 'he person thus designated to be such Senator.
Thirdly. A great point in this intended reform was to bring gentlemen filling the places of United States Senators down to the people. Of late years, Sir, there has been too much hiding behind veils, too much shrouding themselves in cloud and mystery, too much standing afar off in grand elevation, on the part of our delegates to the National Senate. I would bring themnow and in the future out of that. I would compel them to feel a lively interest in the mass of their constituency. I would compel them to feel a lively interest in the masses of their constituency. I would compel them to consult the will of those to whom power to make unmake them is directly given. I would see United States Senators look to the commonality more than to Legislatures. I would, at the proper time, drive them to the stump to solicit suffrages, and thus enable the humblest voters to see how they look, and learn who they are, and what principles they follow, and measure their ability to advocate them in the national councils. All this has bee recently tried in Illinois.
I again say, Sir, that I have no partizan motive in the measure. It is my judgment that, if the bill becomes the law, the system it proposes will remain forever. Let it be tried; let the popular privilege it confers be once enjoyed; let the people once taste the great liberty it gives them to designate whom they want to fill the high and responsible places of United States Senators, and no hand will ever be raised to strike it down. At the proper time, Sir, I may say more on this subject.
The bill was passed the first reading.
Mr. CRAVENS introduced a bill (No. 92) to change the time for the election of members of Congress, and to amend the act now in force in reference thereto.
Mr. TARKINGTON introduced a bill (No. 93) to amend section 1 of an act prescribing the manner of empanneling petit jurors.
Mr. LOMAX introduced a bill (No. 94) to amend an act for the election of township assessors, and for the valuation and assessment of the real property of the State.
Mr. JONES introduced a bill (No. 95) to provide compensation to persons who bring to justice fugitives from the law.
Mr. HEFFREN introduced a bill (No. 96) to prevent the destruction of sheep and other stock by dogs.
Which bills were severally passed the first reading.
On motion by Mr. TARKINGTON, the rules were suspended for the purpose of taking up the message from the House, returning the bill (S. 3) for the appraisement of real estate, with the various amendments attached thereto.
The amendment which proposed that the county appraiser appoint his deputies was not concurred in; also, the amendment for providing plats for appraisers of all cities, towns and villages was not agreed to; also, the repeal of several sections of the present law for the taxation of railroad and other incorporated companies was not agreed to. All the other amendments were concurred in.
The following bills from the House of Representatives, were severally passed the first reading.
For the relief of Nathan Rowley.
To legalize the certification of the acknowledgments of deeds, previous to the distribution of the Revised Statutes of the State.
To regulate sales on judgments, by sheriff, constables, &c.
To authorize churches to form a union, assume a new name, and to hold real estate.
page: 123[View Page 123]To amend the divorce law.
To provide for the re appraisement of the unsld school lands of the State.
To repeal the act authorizing the State of Illinois to maintain a feeder dam on the Calumet River, &c.
The bill (H. R. 18) to amend section 18 of the act prescribing the powers and duties of Justices of the Peace, coming up in order, it was considered on the second reading, and referred to the Committee on the Judiciary, with instructions to strike out the emergency clause.
The bill (H R. 19) to secure service of process against corporations, coming up - it was considered on the second reading, and referred to the Committee on Corporations.
FREE NEGROES.
Mr. Heffren's bill (S. 87) to enforce the 13th article of the State Constitution, coming up in order, on the second reading,
Mr. GREEN submitted an amendment, striking out the enacting clause; but
On motion of Mr. GOODING, the bill and pending amendment were referred to a select committee of five, which the President made to consist of Messrs. Heffren, Gooding, O'Brien, Hill and Steele.
The bill (S. 88) to regulate practice in the Supreme Court, coming up -
On motion by Mr. WAGNER it was referred to the Committee on the Organization of Courts.
ALLEN MAY.
Mr. March's joint resolution (S. 4) relative to the claim of the State against Allen May, M. G. Bright and J. P. Drake, coming up -
Messrs. March, Gooding, Carnahan and Wallace were heard in a few remarks.
Mr. WAGNER. Hoped the Senate would not take hasty action in the matter. It was said that these parties (securities) were not notified of the protest, and if so it was a question whether they were legally liable. This point shonld be investigated, and he moved its reference to the Judiciary Committee with power to send for persons and papers.
The motion was agreed to
And then the Senate adjourned.
