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.
