an act of 1857, with the express purposes applying to a case in point now pending in the Supreme Court, and that is the object of passing the bill with the emergency clause.
Mr. RICE. I now renew my motion to lay on the table.
The motion was agreed to.
LAW OF DIVORCE.
Mr. WALLACE'S bill (No. 4) for the amendment of the divorce act, was read through the second time by the Secretary, and passed to a third reading.
Mr. GOODING. I move that the bill be committed to a select committee of three or five. But as the author of the bill is absent, I suppose it will be better to lay it on the table. I make that motion.
The motion was agreed to by consent.
Mr. WALLACE. I move to take it up from the table, and refer it to a select committee of three.
Mr. CONNER. I move to amend by inserting "five."
The Senate consented, and authorized the Chair to appoint.
The PRESIDENT appointed Messrs. Wallace, March, Gooding, Conner and Murray as said committee.
Mr. MILLER'S bill [No. 5] providing for the collection of taxes upon lands in the corporations and towns in which the land lies, was read through the second time by the Secretary, and passed to the third reading.
Mr. MILLER. I move that the bill be referred to a select committee of three.
The Senate consented, and authorized the Chair to appoint Messrs. Miller, O'Brien, Connelly, Bennett and McClure said committee.
RE APPRAISEMENT OF REAL ESTATE.
Mr. HEFFREN. Mr. President I move to take up bill No. 1, having reference to the appraisement of real estate, from the table.
The Senate consented.
Mr. HEFFREN. I now move to refer it to a committee of one from each Congressional District.
Mr. MURRAY. I would suggest that it be referred to a committee of the whole House first.
Mr. HEFFREN. I would rather have it referred to a committee of one from each Congressional District first. It is intended to refer the other bill upon this subject to the same committee.
Mr. GREEN. I am satisfied this is one of the most important bills of the session, and I am in favor of hurrying it through.
Mr. MURRAY. I insist upon referring it to a Committee of the Whole.
Mr. TARKINGTON. I would prefer that both bills be referred to the same committee.
Mr. HEFFREN. I will withdraw my motion, so as to dispose of them both at the same time.
Mr. MURRAY. I will move that it be referred to a Committee of the Whole House, and that it be made the special order for next Monday at two o'clock.
The motion was agreed to by consent.
DEEDS.
Mr. GREEN'S bill (No. 6) for the correction of detects in the execution of deeds, was read, through the second time by the Secretary and passed to the third reading.
Mr MARCH. I move to lay the bill upon the table.
The motion was agreed to by consent.
CHANGE OF VENUE.
Mr. HEFFREN'S bill (No. 7) to authorize and provide a mode of changing the venue in certain cases not provided for by law, and providing for the trial of the same, was read through the second time by the Secretary and passed to the third reading.
Mr. HEFFREN. I move to lay the bill on the table, for the purpose of referring it to the Judiciary Committee at the proper time.
The motion was agreed to by consent.
SALE OF SPIRITUOUS LIQUORS.
Mr. HILL'S bill (No. 8) regulating and restricting the sale of spirituous and intoxicating liquors, was read through the second time by the Secretary and passed to the third reading.
Mr. HILL. I move that the bill be laid upon the table and three hundred copies be printed.
Mr. JOHNSON. I move that only fifty copies be printed.
Mr. MURRAY. The bill is of a good deal of interest to the people of the State, and I believe it will meet with approbation. I want to send home some copies of this bill, and I am in favor of printing two hundred copies at least.
Mr. HEFFREN. For the purpose of setting matters right, I will state that the Printer gets as much for printing one copy as he does for an hundred. The State furnishes the paper, and that is all the extra expense. It is a very small affair.
Mr. CONNER. I am opposed, as a general rule, to the printing of any bill until it goes through the ordeal of a committee. I believe it is contrary to good policy.
Mr. McCLURE. I am in favor of printing. This is a good bill, and I want to send a large number home to my constituency to be informed whether this is the kind they want or not.
Mr. JOHNSON. I withdraw my amendment and move a division of the question. I want to lay it on the table and refer it to the Temperance Committee.
page: 26[View Page 26]Mr. RICE. I am in favor of laying upon the table and printing, then bringing it before a committee of the whole, and then referring it to the Temperance Committee.
Mr. WALLACE. I second the motion.
Motion was agreed to by consent.
MARRIED WOMEN.
Mr. BOBBS' bill (No. 9) providing for and securing the rights of married women in real property, was read through the second time by the Secretary, and passed to the third reading.
Mr. BOBBS I move to refer this bill to the Judiciary Committee.
The motion was agreed to by consent.
ORDER OF BUSINESS.
The PRESIDENT now directed the reading of the resolution introduced by the Senator from Montgomery, on Monday last, in the following words:
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, for the re-appraisement of real estate; and that the election of officers, the discussion of political questions, 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. ANTHONY. I move to amend as fol lows: Strike out all after the word "resolved" and insert,
"That the interests of the people demand that this Legislature, without unnecessary delay, proceeed to the passage of acts to raise revenue for State purposes, to reappraise real estate, for the necessary general and special appropriations and such other acts as are material to a just regard of the public good and to maintain the rights and dignity of the State, and that when such acts are passed this session will adjourn."
The amendment was agreed to by consent.
Mr. WALLACE. I was not present when the motion was adopted, or I should have made a motion in reference to it.
Mr ANTHONY sustained the resolution, as amended, in a few remarks.
Mr. STEELE submitted humorous remarks on party politics, objecting to party names, &c.
Mr. WALLACE. I understand, and wish to ask the Senate whether the report is correct that the Republican caucus last night passed a resolution in reference to the election of United States Senators to-day?
Mr. STEELE. I will answer the question by asking the Senator if he believes we have two legal and constitutional Senators in the United States Senate? [Laughter.]
Mr. WALLACE. I will make a fair agreement with the Senator. If he will answer my question, I will answer his. That is fair. What says the Senator?
Mr. STEELE. I will do it if he says we havo two legal United States Senators in Congress whe represent the wishes of Indiana.
Mr. WALLACE I will name another proposition. I will answer first, if the gentleman will pledge his honor as a Senator, if I answer his question, he will answer mine.
Mr. STEELE. I want to make a prediction. I venture the prediction that the Senator will belong to the powers that be before the session is over.
Mr. WALLACE. I put it to the Senator whether there is any thing in this that requires me to answer. But I do not shirk anything. I think I have shown to what party I belong. I have no hesitation in saying here, sir, that I am a Democrat.
Mr. HEFFREN. I am informed that the Republicans did agree to elect Henry S. Lane as one of the United States Senators.
Mr. ANTHONY. I did not attend that caucus. I have had that amendment in my pocket since day before yesterday, written just as it is now. That amendment is not offered in view of anything which took place last night.
Mr. JOHNSON. I believe that amendment was adopted by consent. If it would be in order, I move a reconsideration of that vote.
The yeas and nays were demanded.
Mr. HEFFREN. I move a call of the Senate.
A motion was made that the Senate adjourn.The yeas and nays were demanded, and being ordered and taken thereon, resulted - yeas 8, nays 41.
So the Senate refused to adjourn.
STATIONERY.
Mr. GREEN, from the Special Committee on Stationery, submitted the following report:
The committee to whom was referred the resolution, and the amendments thereto, relative to the officers of the Senate furnishing "articles to be used by the Senate," have had the same under consideration, and have directed me to report the following, as the result of their deliberations, and recommend the adoption of the same:
First. That all officers of the Senate, their assistants and employees, unless specially authorized by the Senate,, be prohibited from contracting any accounts for articles to be used by the Senate. Put for everything required for the official use of the Senators, they shall apply to the Secretary of the Senate, who shall make purchases only when the articles required can not be obtained from the Secretary of State, application being made to him therefor.
Second. That the Secretary of the Senate shall be charged by the Secretary of State, with all stationery or other articles furnished for the use of the Senate. That the Secretary of the Senate shall charge to each member or officer of the Senate, all stationery or other articles furnished them, and render a weekly account of the same to the Finance Committee, with itemized bills of all purchases made. And the Secretary of State be requested to report weekly to the Senate, the amount of articles furnished to the Secretary of the Senate.
Third. That the Senate will audit no account for purchases not made personally by the Secretary or upon his written order, and no account for services rendered by any officer, assistant or employee, not specially authorized by the Senate.
Fourth. That the Secretary of the Senate, and Doorkeeper, immediately inform the Senate the number of assistants and employees required by each at this time.
Fifth. That the compensation of Door-keeper and Assistants, shall not exceed three dollars per day each, as now prescribed by law.
Mr. SLACK. I move to lay the report on the table.
The PRESIDENT. At the time the report was received I was not disposed to decide it out of order, but as I see there is not a disposition readily to concur, I shall hold that the report is out of order, there being demanded a call of the Senate.
Mr. HEFFREN. I withdraw the demand.
Mr. MURRAY. I desire to elect United States Senators, but I wish legislation to be proceeded with first. The Senator spoke of several items of legislation which were necessary and urgently demanded at the hands of this General page: 27[View Page 27]Assembly, particularly a bill introduced by the Senator from Montgomery, at the last session, for the re-organization of townships, and expressed his willingness to aid in the passage thereof.
Mr. WALLACE. To test the sincerity of the Senator, I move to pass over the matter pending, informally, that I may introduce the bill which I hold in my hand, which obtained a second reading at the last session, and is the identical bil the Senator from Howard alludes to.
The Senate refused.
Mr. JOHNSTON now insisted on his motion for the reconsideration of the vote by which the amendment of the Senator from Floyd was adopted.
The yeas and nays being ordered, and being taken on this question, resulted - yeas 23, nays 26 - as follows:
YEAS - Messrs. Carnahan, Cobb, Connelly, Fisk, Hamilton, Hargrove, Heffren,Jennings, Johnson, Line, Lomax, McClure, McLeau, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 23.
NAYS - Messrs. Anthony, Beeson,Bennett, Blair, Bobbs, Brown, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Green, Hendry, Hill, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner and Wier - 26.
The question recurring upon the resolution as amended -
Mr. SLACK. I move to lay the resolution on the table.
The motion was withdrawn for
Mr. JONES. I understand that when I took the oath to support the Constitution of the United States and of the State of Indiana, that I was bound to discharge my duty, as I understood it, and no resolution can bind my action No man can define the duties of members of this body. I regard the question as worthless, and think the whole subject should be dismissed.
Mr. SLACK. I now renew my motion to lay on the table.
The motion was agreed to, and then
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
The PRESIDENT resumed the chair at 2 o'clock, and directed the Secretary to read the report submitted this morning by the chairman of the special committee on stationery.
STATIONERY.
Mr. GOODING. I move to lay the report on the table.
The motion was lost.
Mr. WALLACE. I move the adoption of the report.
The motion was agreed to.
Mr. MURRAY. In that report there are more cats in the meal tub than many of you know of.
Mr. WALLACE. I move the reconsideration of the vote just taken, for the purpose of getting at the cats in the meal-tub.
The motion was not agreed to.
SETTEES.
Mr. MURRAY. I offer the following:
Resolved, That the Door-keeper of the Senate be requested to furnish two settees, to be placed on either side of the President's chair.
The resolution was adopted by consent.
UNITED STATES SENATORS.
Mr. CONNER. I offer the following resolution:
Resolved, That the pretended election of Jesse D. Bright and Graham N. Fitch, to the Senate of the United States, by a portion of the members of the General Assembly of the State of Indiana, during the session of 1857, was illegal, unconstitutional and void, and that the State of Indiana is not at this time legally or constitutionally represented in the Senate of the United States.
Mr. ADAMS. I move to lay the resolution on the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 24, nays 26 - as follows:
YEAS - Messrs. Carnahan, Cobb,Connelly. Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker., Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 24.
NAYS - Messrs. Anthony, Beeson, Bennet, Blair, Fobbs. 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 - 26.
Mr. GOODING, when his name was called, said: I shall not on this occasion give my views with regard to the constitutionality of that election. My vote will be governed by this consideration: I see no good that can now result upon any action of this body at this time.So the resolution was not laid on the table.
Mr. WILLIAMS. I move to amend by striking out all after the word "resolved," and insert: "That inasmuch as Jesse D. Bright and Graham N. Fitch have been confirmed in their seats by the Senate of the United States, it is inexpedient to entertain any motion for the election of United States Senators at this session.
Mr. MURRAY. It is not in order.
The PRESIDENT. If I were to decide upon the point of order, I would decide that the original resolution is not in order - but I will decide that this is in order.
Mr. MURRAY. I appeal from the decision of the Chair.
The PRESIDENT. State your appeal in writing.
Mr. MURRAY wrote: "The resolution of the Senator from Wabash being under consideration, the Senator from Knox offers an amendment, to which objection is made by the Senator from Howard because not being germain to the original resolution, and the objection overruled by the Chair - I appeal to the Senate from this ruling."
Mr. HEFFREN. I move to lay the appeal on the table.
The yeas and nays were demanded.
Mr. WALLACE. I want to say, (by the consent of the Senate) that this matter is going to be settled in a certain way, and I hold it to be our duty, knowing it is to be settled, not to throw anything in the way.
The yeas and nays being ordered and taken, resulted - yeas 22, nays 28, as follows:
AYES. - Messrs. Carnahan, Connelly, Fisk, Gooding, Hamilton,Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, MeLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Williams, Wilson - 22.
NAYS - Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Cobb, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Green, Hendry, Hill, Jones, Kinley, March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner, Wallace and Weir - 28.
page: 28[View Page 28]Mr. WALLACE, when his name was called, said we had a test vote upon this question upon the vote to lay upon the table, and it was decided against us. It is now manifest that the party proposing this resolution have the power to carry it. Knowing this to be the fact, and in order tosave time - I vote No.
So the Senate refused to sustain the appeal, and the question recurred: Shall the decision of the Chair remain as the judgment of the Senate?
The PRESIDENT. I will state why the amendment is in order. The objection made by the Senator from Howard was, that the amendment was not germain. I admit that to be true; nor is it necessary that it should be. When a resolution is introduced upon any subject, a Senator has the right to move to strike out and insert matter upon any other subject.
The yeas and nays being demanded, ordered and taken on the question of appeal, resulted - yeas 24, nays 26 - as follows:
YEAS - Messrs. Carnahan, Coob, Connelly, Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 24.
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 - 20.
So the Senate refused to sustain the Chair.
Mr. TARKINGTON. I propose to amend, by striking out all after the word "resolved," and inserting:
"That the election of all officers shall he postponed until the regular session of the Legislature."
A SENATOR moved to lay this on the table; and the yeas and nays being demanded, ordered and taken thereon, resulted - yeas 26, nays 23 - as follows:
YEAS - Messrs. Anthony, Beeson, Bennet, Blair, Bobbs, Brown, Conner, Cooper, Cravens of Jefferson. Cravens of Madison, Culver, Green, Hendry, Hill, Jones. Line, March, Murray, Rice, Kobinson, Steele, Stevens, Thompson, Turner,Wagner and Weir - 26.
NAYS - Messrs. Carnhan, Cobb, Connelly, Fisk, Hamilton, Hargrove, Heffren, Jennings, Johnston, Kinley, Lomax, McClure, McLean, Miller, O'Brieu, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 26.
So the amendment lies on the table
Mr. TARKINGTON. I rose to a point of order. I think the resolution and amendment lie upon the table by this vote.
The PRESIDENT. To save time, I decide that the resolution does not go to the table.
Mr. MURRAY. I move the previous question on the adoption of the resolution, and there was a second.
The yeas and nays were demanded by the Senators from Howard and Clark, and being ordered and taken, resulted - yeas 25, nays 22 - as follows:
YEAS. 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 - 26.
NAYS - Messrs. Carnahan, Cobb, Connelly, Fisk, Hamilton, Hargrove, Heffren, Jennings, Johnston, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace and Williams - 22.
Mr. GOODING, when his name was called said: Mr. President, I decline to vote.
The PRESIDENT. Will the Senate excuse the gentleman?
Mr. GOODING. I do not ask the Senate to excuse me. I decline to vote, and let it so be entered upon the journal.
Mr. WILSON, when his name was called, also declined to vote.
So the resolution was adopted.
The PRESIDENT. Will the Senate direct the manner this vote is to be sent to Washington, so that these men may be turned out?
Mr. MURRAY. I would suggest that will take care of that.
ABANDONED HIGHWAYS.
Mr. McCLURE introduced a bill (No. 15) entitled an act to authorize County Commissioners to take possession of any plank, gravel or Macadamized road which may be abandoned by the corporation constructing the same, which was read through by the secretary and passed to the second reading.
Mr. McCLURE. I ask the Senate a a particular favor to suspend the rules and let the bill be read a second time.
The Senate consented, the bill was read second time by its title, and passed to the third reading.
FOR RELIEF OF JAMES O'BRIEN.
Mr.---- introduced a bill (No. 16) entitled a bill for the reliei of James O'Brien, which was read through by the secretary, and passed to the second reading.
THANKSGIVING DAY.
Mr. MURRAY. I have a resolution to offer. It's as follows:
WHEREAS, the Governor having by proclamation designated to-morrow as a day of thanksgiving and prayer therefore:
Resolved, That when the Senate adjourns to-day, the Senate stand adjourned till Friday next.
Mr. GOODING. I move that the resolution sit upon the table. I came here to work, and I' think the Governor will not object.
The yeas and nays were demanded, and being ordered and taken resulted - yeas 20, nays 30.
So the Senate refused to lay the resolurion upon the table.
Mr. MURRAY. I will withdraw the resolution if the Senate consent.
The Senate refused to allow the resolution to be withdrawn:
And then the resolution was adopted.
UNITED STATES SENATORS.
Mr. WALLACE. Mr. President: I offer the following joint resolution (No. 1):
WHEREAS, At the time of the election of the Hon. Jesse; D. Bright and the Hon. Graham V. Fitch, as United States; Senators from the State of Indiana, it was understood that; those gentlemen were the supporters of the principles set; out in the Cincinnati Platform;
AND WHEREAS, The course pursued by the aforesaid' Senators during the contest that arose upon the question of admitting Kansas into the Union under the Lecompton Constitution, was not consistent with the position occupied, by them before that question arose, nor in accordance with the wishes of the Democracry of Indiana;
AND WHEREAS, Now that the Lecompton Constitution has been voted down by the people of Kansas, the only practical questions, pertinent to that Territory, that can
page: 29[View Page 29]arise to disturb the peace of the Union, are as to whether Kansas shall be admitted as a State at any time admission is demanded by her people, and whether the passage of laws for the regulation of the general or particular rights of the people of that Territory shall be left to the people themselves or to Congress. Therefore
Be it resolved by the General Assembly of the State of Indiana, That our Senators in Congress are hereby instructed, and our Representatives requested, to vote and use their influence for the admission of Kansas into the Union as a State, whenever the people thereof demand it; and that, to remove all obstruction from the way of such admission, the said Senators and Representatives vote, if necessary, to repeal that part of the Act passed at the last session of Congress, called the "English Bill," which requires said Territory to have a population equal to the ratio for Representative purposes in the States, before her people can hold another convention to form another Constitution preparatory to an application for admission as a State.
Be it further resolved, That we recognize, and insist upon, the right of the people of any Territory to form and regulate their domestic institutions in their own way, subject only to the general Constitution, and that as incidental to that great right, we also recognize and insist upon their further right, through their Legislature, to pass and establish such laws and regulations relative to their property as they shall deem proper, without interference by Congress.
The resolution was laid on the table.
BOLTING
Mr STEVENS. I offer the following:
Resolved, That we adopt as a standing rule of the Senate during the present session, that each member be required to vote when his name is called by the Secretary, on all questions where he is not personally interested.
Mr. GOODING thought this was intended to affect the Miller and Shryock contested case, and he moved to lay the resolution on the table.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 24 - as follows:
YEAS - Messrs. Anthony, Carnahan, Cobb, Connelly, Fisk, Gooding, Hamilton, Hargrove, Heffren, Jennings, Johnston, Jones, Line, Lomax, McClure, McLean, Miller, O'Brien, Odell, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 25.
NAYS - Messrs. Beeson, Bennett, Blair, Bobbs, Brown, Conner, Cooper, Cravens of Jefferson, Cravens of Madison, Culver, Green, Hendry, Hill, Kinley. March, Murray, Rice, Robinson, Steele, Stevens, Thompson, Turner, Wagner and Weir - 24.
So the resolution lies upon the table.
MILLER AND SHRYOCK CONTESTED CASE.
Mr. BENNETT introduced a preamble to this effect:
WHEREAS, It should be the first duty of the Senate to determine who is entitled to seats therein, and the case of Kline G. Shryock against Hugh Miller is still undisposed of; AND WHEREAS said contestor and contestee are entitled to a per diem until the case is disposed of, justice to the people of the State requires an immediate decision of the case: Therefore,
Resolved, That the Door-keeper be authorized to furnish the majority and minority reports in this case, together with the evidence accompanying the same, and that it be made the special order for next Saturday, at 10 o'clock.
Mr. HEFFREN. I move a division of the question.
Mr. WALLACE. I move that the resolution be laid upon the table. I don't think the preamble states facts. I do not understand that they are both entitled to a per diem, although I grant the contestor and contestee generally gets itbut it is subject to the order of the Senate.
The motion prevailed, and the preamble and resolution were laid on the table.
CLOSED DOORS.
Mr. RICE. I offer the following:
Resolved, That the Door-keeper be requested to keep the front door or entrance closed against all persons during session hours except Messengers from the Governor and House of Representatives.
Objection being made by a number of Senators, the resolution was withdrawn.
Mr. WAGNER. I offer the following:
Resolved, That the Door-keeper be directed to lay upon the desk of each member of the Senate a copy of the last Report of the State Board of Agriculture.
The resolution was adopted.
Mr. McLEAN. I offer the following:
Resolved, That the Judiciary Committee be requested to report upon the constitutionality of the exemption from taxation of private school and college property where the same is used for these purposes exclusively.
The resolution was adopted by consent.
The Senate adjourned till Friday morning, nine o'clock.
