IN SENATE.
TUESDAY, November 23, 1858.The PRESIDENT called the Senate to order at nine o'clock.
The Journal of yesterday was read.
Mr. FISK, of Ripley, appeared yesterday and took his seat.
- Reading of the Journal.
Petitions, memorials and remonstrances.
Reports from standing committees.- On Elections.
- On Finance.
- On Judiciary.
- On Organization of Courts.
- On Federal Relations.
- On Education.
- On Corporations.
- On Military.
- On Roads.
- On Canals and Internal Improvements.
- On the Affairs of the town of Indianapolis.
- On Claims.
- On the State Prison.
- On Public Expendtures.
- On Banks.
- On Manufactures.
- On Agriculture.
- On Unfinished Business.
- On Benevolent Institutions of the State.
- On Swamp Lands.
- On Temperance.
- On County and Township business.
- On Phraseology and Arrangement of Bills.
- On Printing.
- On Enrolled Bills.
- Reports from Joint Committees.
- On Public Buildings.
- On State Library.
- On Canal Fund.
- Reports from Select Committees.
- Resolutions of the Senate.
- Joint Resolutions.
- Bills.
- Orders of the day.
Mr. HEFFREN asked the Senate to allow him to strike out the word "Black" before the word "Republican," in his resolution of yesterday, it being questioned by Mr. Gooding whether it was in the original.
Mr. GOODING insisted upon the word being retained.
Mr. HEFFREN said he had no objection--was willing to go before his constituents with it there.
STANDING COMMITTEES OF THE SENATE.
Mr. McLEAN offered the following:
Resolved, That in compliance with an established custom of the Legislature, with the single exception if the Senate of 1857, and according to uniform custom and immemorial usage, the President of the Senate be requested to appoint the Standing Committees, and announce the same at the meeting of the Senate this afternoon.
Mr. MURRAY. It was out of order, in his opinion.
The PRESIDENT decided it in order.
An appeal was taken from the decision of the Chair.
Mr. TARKINGTON insisted that the Chair was right.
Mr. McLEAN withdrew his resolution.
NEWSPAPERS.
Mr. SLACK, from the select committee on newspapers, to whom was referred the resolution having reference to the number of papers which should be taken, and the mode and manner of the publishing of proceedings, reported the following resolutions:
Resolved, That the Door-keeper contract with the publishers of the Daily State Sentinel, Daily Journal and Daily Citizen, for two copies each of their respective Dailies, one paper to be enveloped and stamped, provided said papers publish the daily proceedings of this body.
Resolved, That desks be provided for the reporters of newspapers, who may desire to publish the proceedings of the Senate.
MR. JOHNSON. I move to amend the first resolution by adding the words in the proper place, "at the expense of members."
A motion was made to lay the amendment on the table, upon which the yeas and nays were demanded, page: 19[View Page 19] and being ordered and taken, resulted - yeas 44, nays 5, as follows:
YEAS - Messrs. Anthony, Bennett, Blair, Bobbs, Brown, Cobb, Connelly, Conner, Cooper, Cravens, of Jefferson, Cravens of Madison, Culver, Fisk, Gooding, Green, Hamilton, Hargrove, Heffren, Hendry, Hill, Jennings, Kinley, Line, McOure, McLean, March, Miller, Murray, O'Brien Odell, Rice, Robinson, Shoemaker, Slack, Steele, Stevens, Studabaker, Tarkington, Thompson, Turner, Wagner, Wallace, Weir and Wilson.
NAYS - Messrs. Beeson, Carnaham, Johnston, Lomax and Williams.
So the amendment was laid on the table.
MR. MILLER. I desire to amend by striking out the postage stamps. I do not intend to vote for postage stamps. We had too many stolen two years ago.
SEVERAL VOICES"No," "no."
MR. MILLER. I am not particular about it.
MESSAGE FROM THE GOVERNOR.
A message from the Governor was received informing the Senate that he had appointed Samuel Osborn as his private secretary.
Mr. STEVENS. I move to amend by adding "one copy of the American and Volksblatt." I do not feel like voting for the adoption of the report, unless the two papers named are included. I have one hundred and fifty German constituents, who can't read English at all, and I want them posted up through the German paper; and the other paper is extensively circulated in our county.
Mr BOBBS I hope Senators will see the propriety of being equitable in this matter. A large number of our German constituents have no other means of knowing what we are doing except through their papers, and I think it fair that we should subscribe for them both.
Mr. WEIR. I move to lay the amendment on the table.
The motion was withdrawn for
Mr. TARKINGTON. The committee reported in favor of taking only those daily papers having reporters on this floor. The taking of the papers is worth nothing, but it is simply to have the reports published. If we wish to have our proceedings published, we have got to have Reporters upon this floor, and we ought to take just such a number of papers as would pay the publishers for keeping Reporters upon this floor. I am in favor of the report of the committee, believing it to be the most just and wise course; And I will now renew the motion of the Senator from Laporte,to lay the amendment on the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 22, nays 27, as follows:
YEAS - Messrs. Anthony, Beeson, Cobb, Connelly, Cravens of Jefferson, Cravens of Madison, Fisk, Hamilton, Hargrove, Heffren, Hill, Jennings, Johnston, Line, Lomax, March, O'Brien, Odell, Robinson, Studabaker, Tarkingten, and Wier - 22.
NAYS - Messrs. Bennet, Blair, Bobbs, Brown, Carnahan, Conner, Cooper, Culver, Gooding, Green, Hendry, Kinley, McClure, McLean, Miller, Murray, Rice, Shoemaker, Slack, Steele, Stevens, Thompson, Turner, Wagner, Wallace, Williams and Wilson - 27.
So the amendment was not laid on the table.
Mr. GOODING. I move an amendment to the amendment. Insert "one copy of the Weekly National Democrat."
The motion was agreed to.
Mr. HEFFREN. I move to amend as follows: Strike out in the first resolution the word "two" and insert"three." And strike out "one" and insert "two." I would be willing to take a half a dozen copies if they would give such full reports as were given yesterday. I am in favor of taking three copies of such papers as have Reporters upon this floor. I think we owe it to them.
Mr. TARKINGTON demanded a division of the question , the question being, first upon the amendment of the Senator from Washington. The yeas and nays were demanded, and being ordered and taken, resulted - yeas 30, nays 20, as follows:
YEAS - Messrs Anthony, Bennett, Blair, Bobbs, Brown, Carnahan, Conner, Cooper, Cravens of Jefferson. Culver, Fisk, Gooding, Green. Hamilton, Heffren, Hendy, Jennings, Jones, Kinley, Murray, Odell, Rice, Robinson, Steele, Studabaker, Thompson, Wagner, Wallace, Wier and Wilson - 30
NAYS - Messrs. Beeson, Cobb, Connelly, Cravens of Madison, Hargrove, Hill, Johnston, Line, Lomax, McClure, McLean, March, Miller, O'Brien, Shoemaker, Slack, Stevens, Tarkington, Turner and Williams - 20.
So the amendment was adopted.
MESSAGE FROM THE HOUSE.
A Clerk from the House of Representatives appeared and said he was authorized to inform the Senate that the House had appointed a committee of three to act with a committee on the part of the Senate, to advise and agree upon joint ules for the government of both Houses, and hat the Senate be requested to concur.
NEWSPAPERS
Mr. MURRAY. I would like to move that the stamping part of the report be stricken out. I know there is a good deal of complaint about expense. The amount of stamps given at the last session to each member and officer, was perhaps thirteen or fifteen dollars. I think I had some ten or twelve dollars worth left at the close of the session. If three dollars is not enough for us we ought to go to our own pockets tor the balance.
Mr. WIER. For the purpose of putting an end to discussion, I will call for the previous question. The time consumed now is worth more than all the papers will come to.
The question being upon the adoption of the report, the yeas and nays were demanded, and being ordered and taken, resulted as follows:
YEAS - Messrs. Anthony, Bennett, Blair, Bobbs, Brown, Carnahan, Cobb, Cooper, Culver, Fisk, Gooding, Green, Heffren, Hill, Kinley, Line, McLean, Murray, O'Brien, Odell, Rice, Slack, Steele, Stevens, Thompson, Turner, Wagner and Wallace - 29.
NAYS - Messrs. Beeson, Connelly, Conner, Cravens of Jefferson, Cravens of Madison, Hamilton, Hargrove, Hendry, Jennings, Johnston, Jones, Lomax, McClure,March, Miller, Robinson, Shoemaker, Studabaker. Tarkington, Williams and Wilson - 21.
So the report was adopted.
POSTAGE STAMPS.
Mr. MURRAY. I now move the adoption of he following resolution:
Resolved, That the Secretary of State be requested to furnish funds to the Door-keeper to purchase three dollars worth of postage stamps for the use of each of the members and officers of the Senate during this session.
The yeas and nays were demanded.
page: 20[View Page 20]Mr. STUDABAKER moved to strike out the words "and officers."
The motion was not agreed to.
The yeas and nays being ordered and taken, resulted - yeas 38, nays 11, as follows:
YEAS - Messrs. Anthony, Bobbs, Brown, Carnahan, Cobb, Connelly, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Fisk, Green, Hargrove, Heffren, Hendry, Hill, Jennings, Kinley, Line, Lomax, McClure, McLean, Murray, O'Brien, Odell, Rice, Robinson, Slack, Steele, Stevens, Tarkington, Thompson, Turner, Wagner, Wallace and Weir - 37.
NAYS - Messrs, Beeson, Blair, Hamilton. Johnston, Jones, March, Miller, Shoemaker, Studabaker. Williams and Wilson - 11.
STANDING COMMITTEES.
Mr. McLEAN. I now renew my motion for the standing committees.
Mr. CRAVENS moved as a substitute a complete list of the standing committees of the Senate.
Mr. SLACK moved to lay them on the table.The yeas and nays were demanded, and being ordered and taken, resulted - yeas 23, nays 25 as follows:
YEAS - Messrs, Carnahan, Cobb, Connelly, Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 23.
NAYS - Messrs. Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner and Weir - 25.
So the substitute was not laid on the table.
Mr. HEFFREN moved a postponement of the matter until Friday next, at 10 o'clock.
Mr. WALLACE. I wish to state to the Republican side that I am in favor of the postponement. I am satisfied they have the power, if they have the will, to carry these proceedings through. I have no intention at present to characterize their course in regard to this matter as I think of it. There is no reason why they should not be at least courteous to us; and I urge this postponement for the purpose of asking them to give those of us on the Democratic side an opportunity to consult together in order that we may ascertain what preferences we have. I will do the mover (Mr. Cravens,) the justice to say that he proposed to me that a certain number of our side should be appointed to consult in this matter. He on his part, will tell you that I said I would go with him; but he never told me the time nor place. I never understood how these committees were formed, and I don't know by whom - I was not consulted, and as far as my knowledge goes, no Democratic Senator has been consulted.This is but a repetition of what was done at the last session of the Legislature, and I have never thought of that proceeding since without indignation. It is a lack of courtesy toward us. If it is intended as an insult, there is but one remedy offered me, and that is to refuse to serve upon any committee on which I may be placed. I will refuse, and, if I am not much mistaken, I speak the sentiments of every Democrat on this floor. I will not be made the subject of such high handed wrong. When assigning us places the gentlemen might have come to us and inquired what committee we would like to be put on. I do not mean to say that it is a matter of any great importance that I should be upon any committee. I am here to assert my independence and honor; and I simply desire to enter my protest in this manner and at this time against this action. As a matter of courtesy I ask that the subject be postponed.
Mr. CRAVENS. As far as courtesy is concerned, I am willing to meet the gentleman on half-way ground. I consulted the Senator, as one of the committee, and other members of that committee consulted other gentlemen of the Democratic party. It now becomes a simple question of right whether this body shall have power to say where the control of the legislation of the country shall be. All we ask is to give us the control of this matter. I would not have introduced this matter to day, had it not been for the resolution submitted by the gentleman from Vigo. I had hoped it would be settled in silence, as I have no doubt the mind of every Senator is made up as to how he will vote upon the question.
Mr. JONES wished harmony and good feeling to prevail.
Mr. MURRAY thought that the President understood that no disrespect was intended to the Chair. I am sorry to hear Senators say they will not serve on committees. I ask gentlemen not to be too hasty and say they will not serve.
Mr. GOODING. I desire to know how it is that the Senator from Montgomery asserts that Democrats are in the minority here. I disdain.
Mr. WALLACE. I said no such thing. I said that the Republicans had the power to carry through such proceedings.
Mr. GOODING. The Senator quibbles upon words. They have not the power unless gentlemen go to reading men out of the party. I will say that the committees are made tolerably fair, considering they come from that side of the house.
Mr. CRAVENS. Thank you.
Mr. GOODING. It is a little remarkable that there is no sterling anti-bank man on the Bank Committee.
Mr. GOODING. I am Anti-Lecompton. If gentlemen will come back, we will take them.
Mr. HEFFREN. Will the gentleman take us back on probation?
Mr. GOODING. I should be afraid to take the gentleman from Washington. [Laughter.] I have known the presiding officer from boyhood. I do not believe he will do wrong in the appointment of committees. Independent of the custom of the Senate, it would be proper, acting upon popular sovereignty, to take the appointing power, but I am not willing to impeach the President. If he should do wrong, I am on hand to thrash him. [Laughter.] I shall vote to postpone the consideration of this matter. It is my opinion the presiding officer should appoint the committees.
Mr. HEFFREN. I will change the motion to make it Friday. I have consulted with Democratic Senators, and they know nothing of the fact as to the formation of committees. The Committee on Penitentiary has not the Senator from that district on it. If they will not consent, I will join hands with the Senator from Montgomery, page: 21[View Page 21] and will not serve. I hope Republicans will consent to postponement, that we may appoint a committee to act with them on the subject. If they have a majority, I am willing to submit, and they will be responsible for the legislation.
Mr. MURRAY. The only objection I have to putting off is, that it delays organization. I think tomorrow, two o'clock, will answer.
Mr. TARKINGTON suggested that a committee be appointed of five, whose majority shall be Republican, for the purpose of forming committees.
Mr. HEFFREN. I accept.
The resolution and amendment were postponed until Friday.
GOVERNOR'S MESSAGE.
Mr. SLACK. Mr. President, I offer the following resolution:
Resolved, That two thousand copies of the Governor's Message be printed for the use of the Senate, fifteen hundred in English and five hundred in German.
The resolution was adopted by unanimous consent.
SWAMP LANDS.
Mr. TARKINGTON offered the following resolution:
Resolved, That the Secretary of State be requested to communicate to the Senate, at his earliest convenience, the amount of swamp lands deeded to each individual, what county they are in, and wh it amount of money was paid for the same, if he has it on record; also, how much of said lands have been ditched and drained.My object is to get at the frauds in the case of the swamp lands.
The resolution was adopted by unanimous consent.
RE-APPRAISEMENT OF REAL ESTATE.
Mr. TARKINGTON. Mr. President, I offer the following bill:
The bill was read through by the Senator, and provides as its title indicates, "for the re appraisement of all real estate in the State of Indiana" - being Senate bill No. 3.
Mr.TARKINGTON moved to suspend the rules to read the bill a second time.
The yeas and nays were demanded, ordered and taken theron, resulted - yeas 45, nays 2.
So the bill was read a second time by its title, and passed to a third reading.
Mr. HEFFREN. I 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.
AMENDMENT OF DIVORCE ACT.
Mr. WALLACE, by the unanimous consent of the Senate, introduced a bill (No. 4) entitled An Act to amend the Divorce Act, which was read through by the Secretary.
Mr. WIER moved that the bill be referred to a select committee of five.
SEVERAL SENATORS declared this motion, on the first reading of a bill, to be out of order.
The Senate took a recess until two o'clock P.M.
AFTERNOON SESSION
Mr. WEIR offered the following resolution:
Resolved, That the Door-keeper be instructed to procure four thermometers to be placed in the Hall, for the purpose of enabling the Door-keeper to keep the temperature at 70 degrees, Fahrenheit, and that he charge and require his assistants to give especial attention to the same.
The resolution was adopted by by consent.
WABASH AND ERIE CANAL.
Resolved, That it would be unwise and inexpedient to take the Wabash and Erie Canal, in any form, or to reassume it in any way, the liability for which it was transferred.
The yeas and nays were demanded and being ordered and taken, resulted - yeas 45, nays 0, as follows:
YEAS - Messrs. Anthony, Beeson, Bonnet, Blair, Brown, Cobb, Connelly, Conner, Cravens of Jefferson, Cravens of Madison, Culver, Fisk, Gooding, Green, Hamilton, Hargrove, Jeffrson, Hendry, Hill, Jennings, Johnston, Jones, Finnley, Line, Lomax, McClure, McLean, March, Miller, Murray, O'Brien, Odell, Rice, Robinson, Shoemaker, Steele, Stevens, Studabaker, Tarkington, Thompson, Turner, Wagner, Weir, Williams, and Wilson - 45.
NAYS 0.
So the resolution was adopted.
GOVERNOR'S MESSAGE.
Mr. BENNET. I offer the following resolution.
Resolved,That the consideration of the Governor's Message be made the order of business for Friday next at two o'clock.
The resolution was adopted by consent.
JOINT RULES.
Mr. WEIR moved to take up the communication from the House, on the subject of appointing a committee on the part of the Senate to act with Messrs. Turpie, Hamilton of Boone, and Stanfield, on the part of the House, to frame rules to govern the intercourse between the two Houses.
Mr. HEFFREN moved that the Senate concur.
The motion was agreed to by consent, and the Chair authorized to appoint a committee of three.
The PRESIDENT appointed Messrs. Tarkington, Cravens and Line said committee.
SERGEANT-AT- ARMS.
Mr. FISK. Mr. President, I offer the following resolution:
Resolved, That the Senate dispense with the office of Sergeant-at-arms, and that the principal Door-keeper discharge the duties of Sergeant-at-arms, without additional pay.
The resolution was agreed to by consent.
TAXING REAL ESTATE.
Mr. MILLER. I would like to introduce a short bill at this early part of the session. It simply proposes the taxing ot real estate belong ing to corporations in the town in which it lies.
This bill, (No. 5) entitled A Bill providing for the collection of taxes upon lands belonging to railroads and other corporated companies, was read through by the Secretary, and passed to a second reading.
Mr. GREEN introduced a bill (No. 6,) for the correction of defects in the execution of deeds, &c., which was read through by the Secretary, and passed to a second reading.
Mr. HEFFREN introduced a bill (No. 7) to authorize and provide a mode of changing the venue in civil cases not provided for by law, and providing for the trial of the same, which was read through by the Secretary, and passed to a second reading.
page: 22[View Page 22]Mr. HILL introduced a bill (No. 8) regulating and restricting the sale of spirituous and intoxicating liquors, which was read through by the Secretary, and passed to a second reading.
Mr. BOBBS introduced a bill (No. 9) providing for and securing the rights of married women in real property, which was read through by the Secretary, and passed to a second reading.
Mr. WALLACE. Mr. President, I wish to introduce a bill. I beg of the Senate not to be scared at its size, for its importance is equal to its weight.
This bill (No. 10) is entitled a bill providing for an assignment in trust for the benefit of creditors, and regulating a mode for administering the same. It was read through by the Secretary.
Mr. WALLACE moved that the rules be suspended and the bill be read a second time, now.
The yeas and nays were ordered - yeas 34, nays 13.
So the bill was read a second time by its title, and passed to a third reading. It was ordered to be laid on the table, and that one hundred copies be printed for the use of the Senate.
The Senate then adjourned.
