IN SENATE.
WEDNESDAY, December 22, 1858.On motion by Mr. MURRAY, the reading of the Journal of yesterday was dispensed with.
On motion by Mr. HARGROVE, the vote of yesterday, by which the communications irom the Blind and Deaf and Dumb Asylums were referred to the Committee on Benevolent Institutions, was reconsidered, the communications laid on the table and two hundred copies of each or dered to be printed for the use of the Senate.
PAPER CURRENCY.
Mr. HEFFREN moved that the order of business be dispensed with, and that his bill (S. 109) with regard to the circulation of uncurrent paper money, be taken up and read the second time.
The motion was agreed to.
Mr. TARKINGTON demanded the previous question on the engrossment of the bill.
There being a second, under the operation of the previous question the bill was passed the second reading and ordered to be engrossed.
COUNTY BOUNDARIES.
Mr. WAGNER, by unanimous consent, submitted a report from the Select Committee to which was referred the bill (H. R. 11) repealing section 2 of an act for the formation of new counties and changing county boundaries, returning the same and recommending its passage.
Mr. MURRAY moved that the report and bill lay upon the table.
The motion was agreed to.
PUBLICATION OF LEGAL ADVERTISEMENTS.
Mr. CONNER, from the Judiciary Committee to which was referred a resolution of the Senate inquiring into the expediency of the publication of all acts containing an emergency clause, in at least one newspaper in each county in the State, reported that in the opinion of the committee the enacting of such a law was expedient, and recommended the passage of a bill to that effect.
The yeas and nays were demanded on concurring in the report.
[A message from the House of Representatives was received, announcing that the House had concurred in the Senate amendments to the bill (H. R. 79) to provide for the relocation of county seats and buildings, where two-thirds of the voters petition therefor.]
Mr. CONNER urged the adoption of the report of the committee. He thought it right to publish all acts containing an emergency clause in at least one paper in each county of the State, and if no other gentleman did he would introduce a bill at the next session to that effect.
Mr. GREEN was also in favor of the adoption of the report. He thought the printers throughout the State would be willing to print the laws (or a very small compensation - probably the simple cost of setting the type.
Mr. JOHNSTON hoped this report would no be concurred in. He was opposed to the passaeg of acts containing an emergency clauseit was in opposition to the interest of the people of the State, and ought not to be done. In some cases where public officers are concerned, it may be perhaps necessary, but in such cases the persons interested have ample means of ascertaining the passage of such acts. He did not think the enacting of such a bill as recommended by the report would accomplish anything, but help to support a paper in each county of the State, and for that reason he opposed it.
Mr. MURRAY said, the Senator from Putnam [Mr. Johnston] misapprehends the effect of the passage of such a law. He thought the very fact that it will be attended with expense to the people of the State, would make their representatives more careful about inserting the emergency clause. When we pass an act and make it to be in force from and after its publication in the Indianapolis Journal and Sentinel, as by our laws, every man is bound to know the law, we ought to give the people an opportunity of knowing what the law is. In Ohio, all the laws, whether they contain an emergency clause or not, are published in every county in the State where there is a newspaper.
The report was concurred in by yeas 27, nays 32, as follows:
YEAS - Messrs. Bennett, Bobbs, Brown, Carnahan. Conner, Cooper, Craven, Culver, Gooding, Green, Hendry, Hill, Jennings, Jones, Kinley, McLean, March, Murray, O'Brien, Odell, Rice, Slack, Steele, Stevens, Tarkingten, Thompson, and Turner - 27.
NAYS - Messrs. Anthony, Beeson, Blair, Cobb, Conley, Cravens, Fisk, Hamilton, Hargrove, Heffren, Johnston, Line, Lomax, McClure, Miller, Robinson, Studabaker, Wagner, Wallace, Weir, Williams and Wilson - 22.
SCHOOL FUND.
Mr. CONNER, from the same committee, to which was referred Mr. Line's bill (S. 108) authorizing the payment of school funds retained in county treasuries by injunction of courts, reported the same back, and recommended its indefinite postponement.
The report was concurred in by consent.
CIRCUIT COURTS.
Mr. MARCH, from the same committee, to which was referred the bill (H. R. 36) to amend section 1 of an act providing for extending terms of Circuit Courts by adjournment, &c., approved February, 12,1855, and authorizing the holding of special terms thereof, and fixing pay to Judges and Attorneys in attendance thereon, reported the same back with an amendment, and recommended its passage.
After remarks thereon by Messrs. March, Weir, Green and Hendry -
The report was concurred in.
[A message was received from the House of Representatives announcing to the Senate the page: 177[View Page 177]passage by the House of the bill (H. R. 98) providing for the election of the Board of Sinking Fund Commissioners, and asking the concurcence of the Senate therein.]
Mr. STEVENS moved to amend the bill by requiring county officers to make application to the judge when they think the interest of the county requires an extra term, and fixing his salary at $5 per day and 10 cents mileage. Mr. MURRAY proposed to amend the bill so that the Board of County Commissioners may allow such compensationas they may think proper, to be paid out of the county treasury.
Mr. Stevens' amendment was rejected.
Mr. Murray's proposition was rejected.
The bill was then passed the second reading and ordered to be engrossed.
PAPER CURRENCY.
Mr. STEELE, from the Committee on Banks, to which was referred a resolution of the Senate inquiring into the expediency of passing an act prohibiting the banks of the State from emitting bills of a less denomination then ten dollars, and providing a suitable penalty for the circulation, within this State, of foreign bills of a less denomination than ten dollars, reported that it was inexpedient to legislate upon this subject at this time.
Mr. MARCH said he was on the committee, but disagreed to the report.
Mr. CARNAHAN was in favor of a bill preventing the circulation of small notes, but thought it best to postpone the maturing of a bill to that effect till the next session of the Legislature.
On motion by Mr. STEELE, the report was laid on the table.
[A message was received from the Governor announcing to the Senate that he had approved and signed Mr. Shoemaker's bill (S. 20) providing for the incorporation of associations formed for the building of towns in this State.]
MISDEMEANORS.
Mr. GOODING, from the Committee on Temperance, to which was referred Mr. Blair's bill (S. 58) to amend section 37 of an act defining misdemeanors, approved June 14, 1852, reported the same back and recommended that it lie upon the table.
The report was concurred in by consent.
ADJOURNMENT SINE DIE.
Mr. SLACK offered the following:
Resolved, That the Senate will, the House concurring therein, adjourn sine die on Thursday, the 23d inst., at 10 o'clock A. M.
Mr. HARGROVE moved to strike out and insert "Friday, the 24th."
Mr. SLACK accepted the amendment.
Mr. MURRAY moved to amend the resolution so that it may read "Saturday, the 25th inst."
Mr. ANTHONY moved to lay the resolution and amendments on the table.
The motion was rejected - yeas 23, nays 27.
Mr WEIR made an ineffectual motion to postpne the further consideration of the subject till two o'clock.
Mr. GREEN proposed "Tuesday," which -
On motion of Mr. CARNAHAN, was laid on the table.
Mr. TURNER named "Monday," which -
On motion of Mr. CARNAHAN, was laid on the table, upon a division - 23 to 17.
The question recurring upon Mr. Murray's amendment, proposing "Saturday" -
It was agreed to by yeas 31, nays 19.
The resolution as amended was then adopted without a division.
CERTIFICATES OF ELECTION.
Mr. CONLEY offered the following, which was adopted by consent:
Resolved, That the certificate of election of each of the newly elected members of this Senate be referred to the Committee on Elections, and that said committee be requested to report thereon as soon as is convenient for them to do so.
PUBLISHING THE LAWS.
Mr. LINE offered the following:
Resolved, That the laws heretofore ordered during this session to be published in the Indiana State Sentinel and Indiana State Journal - or that may be on their passage - containing a clause ordering such publication, be also published in the Indiana American - Provided the charge for the same shall not exceed the prices paid to said Sentinel and Journal, for said publication.
Mr. GREEN moved to arnend by adding the words, "and one paper in each county in the State."
Mr. HARGROVE moved to lay the resolution and amendment on the table.
The motion was rejected - yeas 21, nays 29.
[A message was received from the House of Representatives, announcing to the Senate that the House had passed, without amendment, Mr. Miller's bill (S. 5) taxing the real estate of railroads, &c.; also, without amendment, Mr. Lomax's bill (S. 60) to amend the act in relation to agricultural societies, approved February 7, 1855.]
Mr. SLACK proposes to amend by inserting the Locomotive, Citizen, Expositor and Morning News.
On motion by Mr. WIER, the amendments were laid on the table.
Mr. STEVENS moved to amend the resolution by inserting in the proper place the Volksblatt.
Mr. HEFFREN moved to lay the amendment on the table.
The motion was rejected by yeas 16, nays 32.
The amendment was then agreed to.
The yeas and nays having been demanded on the adoption of the resolution -
Mr. LINE withdrew it.
[A message from the House of Representatives announced the passage by that body of the bill (H. R. 60) to amend the 6th section of an act providing for the organization of County Boards, approved June 7,1857.]
MILITIA.
Mr. WALLACE offered the following, which was rejected:
Resolved, That the Committee on Military Affairs be instructed to prepare and offer, at the beginning of the ensuing regular session, a bill for the complete and thorough organization and regulation of the Militia, as was contemplated by the makers of the Constitution.
ACCOUNTS.
Mr. SLACK offered a resolution that the Secretaries, Door keepers and Committee Clerks report page: 178[View Page 178] to the Finance Committee the time they have served, and that the committee report the same to the Senate.
The resolution was adopted.
REARRANGEMENT OF DESKS.
Mr. ANTHONY offered the following, which was adopted by consent:
Resolved, That the select committee, to which was referred the rearrangement for heating the Senate Chamber, be further authorized and directed to cause the desks in said chamber to be rearranged, if in their opinion, the present arrangement can be improved - said change, if any, to be made by the next session of the Senate.
AUDITOR OF STATE.
Mr. WEIR offered a resolution, which was adopted, calling upon the Auditor of State to show by what authority he has heretofore charged persons for examining the public books, the name of such person, how much charged and the disposition he has made of the money received therefor.
PUBLICATION OF LAWS.
Mr. JOHNSTON offered the following, which was adopted by consent:
Resolved, That the Committee on Education be instructed to inquire into the expediency of appointing some suitable person, in each county, to stand on the corners of the streets, and read the laws to the people.
PAPER CURRENCY.
Mr. TARKINGTON moved to suspend the order of business and take up Mr. Blair's bill (S. 86) in relation to shinplasters.
The motion was agreed to by consent, and the bill (S. 86) to enable the holders of unauthorized paper currency to collect the amount thereof from any person or corporation heretofore or hereafter issuing or aiding in the circulation thereof, was read the third time.
The bill was then finally passed the Senate by yeas 46, nays 0.
The title was adopted.
THE DIVORCE LAW.
On motion by Mr. CONNER, the bill (H. R.5) to amend the 6th section and repeal the 7th clause of the 7th section of the divorce act, ap proved May 13,1852, by unanimous consent, was then considered by the Senate.
Mr. MARCH moved to amend by proposing a substitute - striking out all after the enacting clause.
Mr. MURRAY moved to amend providing that suits pending at the time of the passage of this act shall not be effected by it.
After debate by Messrs. McLean, Green, Wier, Conner, Bennett, and Hendry -
Mr. SLACK moved to lay the amendment on the table.
The motion was agreed to - yeas 34, nays 16.
Mr. March's substitute was then adopted.
On motion by Mr. MARCH, the bill was considered as engrossed, and read a third time.
The bill was then finally passed the Senate by yeas 44, nays 1.
The title was read and adopted.
UNITED STATES SENATORS.
On motion by Mr. WILSON, Mr. Wallace's joint resolution, (S. 1) having reference to the choosing of United States Senators, was taken from the table and placed upon the files of the Senate.
And then the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. HEFFREN, the bill (S. 109) was taken up, it being on the second reading.
Mr. HEFFREN moved the rules be suspended and the bill read the third time now.
The motion was agreed to - yeas 41,nays 2 - and the bill was read through the third time.
[A message from the House of Representatives was received, announcing the passage by that body of Mr. Steele's bill, (S. 15) having reference to abandoned highways, with engrossed amendments; also, of a joint resolution directing State officers to borrow money from the Sinking Fund or elsewhere, giving preference to the Sinking Fund.]
Mr. WEIR moved to recommit with an amendmentthe same as reported in the proceedings of the Senate of Monday morning to the bill (H. R. 9.)
This proposition to amend was discussed by Messrs. Weir, Heffren and Murray.
Mr. HEFFREN moved to lay the amendment of the gentleman from Laporte [Mr. Weir] on the table.
Mr. WALLACE moved to amend the motion by laying the bill and the amendment on the table.
A division of the question being called for, Mr. Weir's amendment was laid on the table by yeas 36, nays 13.
The question recurring on the motion to lay the bill on the table, it was rejected by yeas 7, nays 42.
The bill was then finally passed the Senate by yeas 47, nays 2.
ELECTION OF UNITED STATES SENATORS
Mr. CRAVENS asked and obtained the consent of the Senate to offer the following:
WHEREAS, The State of Indiana has been and now is unrepresented in the Senate of the United States; and whereas, there is now no law other than the Constitution of the United States and of this State providing for a choice by the Legislature of this State; and whereas, it is essential that this Legislature should choose such Senators at its present session: Therefore,
Be it resolved by the Senate (the House of Representatives concurring therein):
- That the Senate shall, upon the passage of this resolution by either House, proceed immediately to the choice of two persons to represent this State in the Senate of the United States, and that amajority of each House shall be necessary to such a choice.
- That each person who shall receive a majority of the votes given in both Houses of this Legislature shall be declared duly elected to represent the State of Indiana in the Senate of the United States, the person first chosen shall be declared elected from the date of the election herein provided, and shall serve as such Senator until the 4th of March, 1863, and the person next chosen shall, in like manner, serve as such Senator until the 4th of March, 1861.
- The Secretary of the Senate and the Clerk of the House of Representatives shall, immediately upon the choice, as herein provided by the respective Houses, certify the same to the Secretary of State, who shall immediately thereafter certify the same under the seal of the State, to the Vice President of the United States, and also furnish to each of the persons so chosen, as herein provided, when application is made by such person or persons, or page: 179[View Page 179]others, for three copies of their election or choice as such Senators.
- 4. The said Secretary of State, shall also furnish with the certificate as herein provided, a copy of this resolution, and the vote of each House thereon.
The PRESIDENT decided the ressolution Out of order.
Mr. CRAVENS appealed from the decision of the Chair, for the purpose of simply asking the Senate of the United States to do justice to the State of Indiana.
The PRESIDENT directed the Senator to state his appeal in writing.
Mr. WALLACE demanded a call of the Senate.
The call was proceeded with and the Secretary reported Mr. Studabaker absent.
On motion by Mr. WALLACE the absentee was sent for.
When the door-keeper returned and reported, further proceedings in the call were dispensed with.
[A message was received from the House of Representatives announcing the passage by that body of Mr. Blair's bill (S. 86) with engrossed amendments.]
Mr. CRAVENS submitted his appeal as follows and it was read by the Secretary:
The President of the Senate having decided that a resolution, providing for the election of United States Senators, submitted by the Senator from Jefferson, to be out of order, I respectfully appeal from such decision to the Senate.
JNO. R. CRAVENS.
Mr. SLACK moved to lay the appeal on the table.
The motion was rejected by yeas 18, nays 32.
The PRESIDENT stated the grounds of his decision at length, and some reasoning thereupon, which he had prepared in writing.
[A message was received from the House of Representatives announcing the passage by that body of the bill (H. R. 101) to secure the Sinking Fund debt.]
The question being shall the decision of the Chair remain as the judgment of the Senate,
The yeas and nays were demanded, and being ordered and taken, resulted, yeas 22, nays 27.
So the decision of the Chair was not sustained and the resolution was entertained and considered.
Mr. JOHNSTON made an ineffectual motion to strike out the preamble.
The question recurring on the passage of the resolution -
The yeas and nays were demanded, and being ordered and taken, resulted, yeas 26, nays 24 - as follows:
YEAS - Messrs. Anthony, Beeson, Bennett, Blair, Bobbs, Brown, Conner, Cooper, Cravens, Craven, Culver, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner and Weir - 26.
NAYS - Messrs. Carnahan, Cobb, Conley, Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 24.
Mr. GOODING, when his name was called, said: Mr. President, I desire briefly to state to this Senate the reasons for the vote that I shall give on the resolution now before the Senate. I participated in the supposed election of Bright and Fitch at the session of 1857. I then had and still have serious doubts of the legality of that election, but having doubts on the subject, I save the benefit of those doubts to the Democratic pariy, ol which I then was and still am an humble member. My participation in that election was reluctant, and I frankly confess that subsequent events have not removed my doubts, nor do I believe that the peace, harmony, or success of the Democratic party was thereby promoted. That the course of Messrs. Bright and Fitch and others in their lead, in their attempt to make the advocacy and support of Lecomptonism a test of Democracy, have done more to defeat and break down the Democratic party in this State than all the Republicans in it. The persecution of the friends of Judge Douglas and Governor Wright by those men assuming the leadership of the party is unjust, impolitic and insufferable, and must cease, otherwise there can be no peace.
We cannot, we will not stand by and hold the clothes of those that stone Stephen, nor will we consent unto his death, nor that he be slain in the house of his friends.
I represent a district overwhelmingly Democratic, and can not and will not misrepresent my constituents by voting for a Republican on the one hand, nor a Lecomptonite on the other, for the United States Senatorship, until otherwise instructed by them.
Our objections to Messrs. Bright and Fitch are that they have denied the faith and repudiated the time honored principles of Democracy, by which we intend to stand whoever may prove faithless. We follow principles, and men only as they are true to those principles. We have strong attachments to the organization of the Democratic party, but still stronger for its principles as we have understood them.
From what I have already said it will appear that I cannot vote for this resolution.
So the resolution was adopted.
Mr. CRAVENS then nominated Henry S. Lane for United States Senator till the 4th of March, 1863.
The PRESIDENT directed the roll called, and 26 Senators voted for Mr. Lane, as follows:
Messrs. Anthony, Beeson, Bsnnett. Blair, Bobbs, Brown, Conner, Cooper, Cravens, Craven, Culver, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Bobinson, Steele, Stevens, Thompson. Turner, Wagner and Weir - 26
Present and refusing to vote:
Messrs. Carnahan, Cobb, Conley, Fisk, Geoding, Hamilton, Hargrove, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson.
Absent -
Mr. Heffren.
Mr. JONES nominated William M. McCarty for United States Senator till the 4th of March, 1861.
The result of the call of the roll was the same as in the case of Mr. Lane.
INTEREST ON STATE DEBT.
On motion by Mr. HEFFREN messages from the House were taken from the table.
The joint resolution (H. R. No. 4) providing for the payment of the interest on the State debt, coming up -
Mr. CRAVENS moved that the rules be suspended page: 180[View Page 180] and the joint resolution be read the second time now.
The motion was agreed to - yeas 38, nays 9 and the resolution passed to the third reading.
Mr. HAMILTON moved that the rules be suspended, and the joint resolution be read the third time now.
The motion was agreed to - yeas 37, nays 7 and the resolution was read through the third time.
The resolution was then finally passed by yeas 31,nays 19.
Mr. Blair's bill (S. 86) prohibiting unauthorized paper currency, coming up - the House amendments were concurred in.
The bill (S 15) authorizing County Commissioners to take charge of abandoned roads, coming upthe House amendments were concurred in.
The bill (H. R. 60) to amend section 6 of an act approved June 17, 1852, coming up -
Mr. HEFFREN demanded a call of the Senate.
Thirty-four Senators were reported as present.
Mr. CONNER moved that further proceedings in the call be dispensed with.
The motion was agreed to.
And then the Senate adjourned.
