IN SENATE.
Wednesday, JANUARY 12, 1859.PETITIONS.
Mr. WAGNER presented the petition of A. S. Stephenson, and others, of Warren county, asking compensation for the arrest and punishment of a horse thief: also, the petition of T. F. Gregory, and others, of Warren county, praying relief from losses sustained in collecting the State revenue; which were referred to the Committee on Claims.
Mr. BLAIR presented a petition from the Hendricks county Agricultural Society, praying for some law enabling societies to protect themselves from shows, hucksters, &c.; which was referred to the Committee on Agriculture. page: 26[View Page 26]
STANDING COMMITTEES.
Mr. JONES, Chairman of the select committee on the appointment of standing committees, made the following report, which was adopted:
- Judiciary - Messrs. March, Slack, Anthony, Gooding, Murray, Cobb, Rice, McLean, Hendry, Wallace, Conner, Bennett and Heffren.
- Finance - Messrs. Rice, Heffren, March, Hamilton, Steele Jones, Beeson, Connelly, Blair, Carnahan, Miller and Craven.
- . Organisation of Courts - Messrs. Murray, Wallace, Hendry, Heffren, Green, Studabaker, Conner, McClure, Weir and Miller.
- Elections - Messrs. Hendry, Jones, Cravens, Wagner,Hargrove, Jennings, Bobbs. Lomax, Robinson and Fisk.
- Federal Relations - Messrs. Craven, Thompson, Wilson, Hill, Jones, Cooper, Line, Brown and Heffrea.
- Education - Messrs. Wagner, Tarkington, Kinley, Wallace, Cravens, McLean, Culver, O'Brien, Anthony, Heffren and Rice.
- Corporations - Messrs. Conner, Studabaker, Blair, Cobb, Greene, Tarkington, Steele, Gooding, Stevens and Carnahan.
- Military Affairs - Messrs. Wallace, Brown, Carnahan, Robinson, Line and Blair.
- Roads - Messrs. Wiliiams, Cooper, Shoemaker, Cul ver, Hargrove, Beeson, Conley, Slack and Johnston.
- Canals and Internal Improvements - Messrs. Weir, Studabaker, Steele, Tarkington, Beeson and Cooper.
- Affairs of Town of Indianapolis - Messrs. Bobbs, Wallace, Benett, Slack, Green and Kinley.
- Claims - Messrs. Jones, Johnson, Stevens, Carnahan, Thompson, Wilson, Kinley and Beeson.
- State Prison - Messrs. Anthony, McLean, Weir, Jennings, Rice, McClure, Hill, Bennett, Cooper, Gooding, Wagner and Tarkington.
- On ExpendituresMessrs Bennett, Jones, Rice, Gooding and Bobbs.
- On Banks - Messrs. Steele, Hamilton, Wagner, Jones, Carnahan, Cooper, Heffren, Blair, McLean, March and Jennings.
- On Manufacturers Messrs Robinson, Lomax, Stevens, Wilson and Bennett.
- On Agriculture - Messrs. Beeson, Williams, Culver, Wilson, Hill. Line, Wagner and Steele.
- On Unfinished Business - Messrs. Thompson, Cobb, Kinley, Fisk and Green.
- On Benevolent Institutions - Messrs. Craven, Heffren, Wagner, Odell, Cooper, O'Brien, Bobbs, Hargrove, Rice and Brown.
- On Swamp Lands - Messrs, Green, Miller, Turner, Williams, Anthony, Weir, Fisk, March, Odell and Conner.
- On Temperance - Messrs. Gooding, Hendry, Cobb, Conner, Wilson, Craven, Tarkingtou, Hill, Hamilton, Stevens and Culver.
- County and Township Business - Messrs. Blair, Wallace, Weir, Shoemaker, Brown, Williams, Robinson, McClure and Culver.
- Phraseology and Arrangement of Bills - Messrs. Kinley, Carnahan, March, Fisk, Weir, Jennings and Murray.
- Printing - Messrs. Stevens, Johnson, Rice,McLean, Cravens, Gooding, Culver, Conley, Hargrove, Bobbs, Heffrem and Murray.
- Enrolled Bills - Messrs. Turner, Conley, Bobbs, Hamilton, Cooper, Shoemaker and Brown.
- Rights and Privileges - Messrs. Hill, Lomax, Kinley, Johnson, Thompson, McLean and Hendry.
JOINT COMMITTEES.
- On Public Buildings Messrs. Culver, Studabaker and Robinson.
- On State Library Messrs. Wilson, Craven, Tarkington and Murray.
A proposition was again made to subscribe for the newspapers which gave legislative reports, which after a lengthy discussion was referred to a select committee of three.
A message was received from the House, announcing the final passage by that body of a bill establishing a Board of Sinking Fund Commissioners, providing for the election of officers thereof and prescribing the duties of said Board.
Mr. WALLACE offered a resolution to bring on the election of State officers on Friday next at two o'clock, which after various amendments being proposed was laid upon the table yeas 26, nays 21.
On motion of Mr. CONNER, 300 copies of the standing committees were ordered to be printed for the use of the Senate.
On motion, Senators Weir, Bennet and Heffren, were appointed to inquire if there is any law now in force in this State providing the punishment of the crime of embezzlement.
Mr. JOHNSTON offered a resolution providing for letting the State Printing to the lowest responsible bidder, to furnish all materials and give bond for faithful performance work, which was laid upon the tableyeas 23, nays 21.
Mr. STEVENS offered a resolution, which was adopted, directing the Committee on Road to inquire into the expediency of giving to County Commissioners the power to taxes for the making of gravel and turnpike roads, and report by bill or otherwise.
FELONY.
Mr. McLEAN offered the following:
Resolved,That the Judiciary Committee be requested to inquire into the expediency of so amending the act defining felonies and prescribing punishment therefor, as to make breach of trust a felony, punishable by the same penalty as grand and petit larceny, and that they report by bill or otherwise.
The resolution was adopted.
COUNTY COMMISSIONERS.
Mr. BROWN offered the following, which was adopted:
Resolved,That the Committee on County and Township Businessbe instructed to inquire into the expediency of amending the law in relation to County Commissioners, that there shall be but one commissioner to each county and report by bill or otherwise.
ALLEN MAY, M. G. BRIGHT AND J. P. DRAKE.
Mr. WEIR offered a joint resolution (No. 2) with regard to the claims of the State against Colonel Alien May, Michael G. Bright and James P. Drake, Esqr's., directing the Attorney General to proceed to the collection o said loans by due process of law, and further providing that if the Attorney General should fail to begin suit within 30 days after the passing of this resolution, that the Treasurer of State be authorized to employ other counsel to do the same.
Mr. WALLACE said no blame should be attached to the Attorney General for not bringing on this suit, because he had no authority so to do.
Mr. STEELE thought it was somebody's duty. page: 27[View Page 27] Mr. WEIR stated, that the resolution was not intended to reflect upon the Attorney General.
Mr. FISK moved to amend by inserting the words "unless properly secured to the satisfaction of the Treasurer of State."
Mr. CARNAHAN stated that there was suf-ficent property mortgaged and held by Messrs. Bright and Drake, Colonel May's sureties, to secure the full payment of the debt, and all they wanted was time to dispose of the mortgaged property.
Mr. JOHNSTON thought this resolution was an entering wedge to the relief of the former Treasurer of State from the payment of certain moneys. He moved -
"To refer the resolution to the Committee on the Judiciary, and that said committee be requested to report to this Senate, whether the bringing of such suit will not discharge the treasurer from an obligation that he is now under to the State on his bond."
Mr. HEFFREN stated that Mr. Bright has a proposition pending before the House of Representatives for the settlement of this whole matter.
Mr. SLACK made an ineffectual motion to lay the whole matter on the table.
Mr. WALLACE offered the following as additional instructions:
"And enquire, whether it will not be accessary to amend the act of 1855, relative to the duties of Attorney General."
Mr. BENNETT moved to further instruct the committee to inquire into the expediency of abolishing the office of Attorney General.
Mr. WALLACE protested against that.
Mr. MARCH did not believe there was any need for that office.
Mr. HAMILTON made an ineffectual motion to lay instructions on the table.
The whole subject was then referred to the Judiciary Committee.
JOURNAL OF THE LAST SESSION.
The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Senate, showing that the public printer had made a formal demand upon him for the Senate journal of the last session, for the purpose of printing the same; and delivering the said journal back into the custody of the Senate.
Mr. SLACK offered the following:
Resolved, That the Secretary of the Senate be requested to furnish the State Printer the journal of the last session of the Senate.
Pending which, the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. CONLEY, the committee on township business were requested to inquire into the expediency of changing the method of doing said business so as to have but one trustee, and abolish the offices of treasurer and clerk.
OLD STATE BANKS.
Mr. WIER offered a joint resolution (No. 3) with regard to moneys due the State from the old State Bank, and authorizing the appointment of a joint select committee to investigate the matter.
Mr. STEELE said it seemed like another bank fraud matter, to institute this investigation.
Mr. WIER said the resolution was not offered to cast any reflection upon any officer.
Mr. WALLACE moved to postpone the resolution one week from to-day, and if the report from the bank officers was not in by that time, he would move a further postponement.
Mr. STEELE moved to lay the resolution on the table.
The motion was agreed to - yeas 32, nays 16.
SINKING FUND COMMISSIONERS.
On motion by Mr. STUDABAKER, the bill (H. R. 10) establishing a Board of Sinking Fund Commissioners, providing for the election thereof, and prescribing the duties of the Board, was taken up, and passed the first and second reading.
Mr. WALLACE moved its reference to the Judiciary Committee with instructions to inquire into the expediency of reducing the Board to a President and two commissioners, to prescribe their duties, and to fix the salary of the President and each commissioner.
Mr. JOHNSTON moved that the committee be instructed to inquire into the expediency of requiring the payment of the bonds as soon as possible, so as to apply the money coming thereby to the use of common schools.
Mr. SLACK moved to further instruct, as to inquire into the expediency of so amending section 9, that the salary of the president of the Board shall not exceed $1,000 per year, and the salary of the clerk of the Board shall not exceed $800 per year. And strike out all that part of section 7 which authorizes the employment of as many assistants as may be deemed necessary.
Which propositions to instructive Committee were severally agreed to, and so the bill was referred.
UNITED STATES SENATORS.
Mr. PRESIDENT,pro tem., CRAVENS, (Mr. Wagner in the Chair,) desired to present a memorial which he assured gentlemen would not be objectionable to any Senator upon this floor.
No objection being made, Mr. Cravens read, from the Secretary's stand, a very long document in relation to the seats of Messrs. Bright and Fitch, in the Senate of the United States, setting forth that it is the wish and desire of the people of the State of Indiana, that H. S. Lane and W. M. McCarty be admitted to the places of Senators Bright and Fitch, that Lane and McCarty were constitutionally elected to said places, &c., &c.
page: 28[View Page 28]On motion by Mr. WALLACE a call of the Senate was had, and the Secretary reported every Senator as present.
Mr. WALLACE. I understand this memorial states as a fact that which I can not and do not believe. It is this: That the State of Indiana is not now represented by Senators in the Senate of the United States.
Mr. CRAVENS. I asserted that fact in the memorial, because the Legislature has passed a resolution stating that such is the case.
Mr. WALLACE then made some remarks, calling into question several matters set forth in this paper.
Mr, CRAVENS replied, in defense of his memorial.
Mr. HEFFREN moved to amend by striking out the words " Vice President of the United States." Two years ago the Republican party did not seek to make the Vice President the sewer through which they were to put this thing through the United States Senate - they designated Mr. Trumbull.
On Mr. WEIR'S motion the amendment was laid on the table by yeas 28, nays 20.The question being upon the passage -
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 6, refusing to vote 18 - as follows:
YEAS. - Messrs. Anthony, Beeson, Bennet, 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. Hamilton, McLeaa, Odell, Shoemaker, Studabaker and Williams6.
REFUSING TO VOTE. - Messrs. Carnahan, Cobb, Conley, Fisk, Gooding, Hargrove, Heffren Jennings, Johnston, Line, Lomax, McClure, Miller, O'Brien, Slack, Tarkington, Wallace and Wilson -18.
Mr. CARNAHAN, when his name was called said: Believing it to be the case that a majority of the Indiana Legislature elected Messrs. Bright and Fitch, I look upon all this as a farce, and therefore refuse to vote.
Mr. HEFFREN, when his name was called, said: In the language of the Senator from Union, (Mr. Bennett) the other day, "It reads very fine, but I don't believe a word of it." I refuse to vote.
Mr. JOHNSTON, when his name was called, said: I refuse to vote for the same reason.
Mr. McLEAN, when his name was called, said: With the hope that this will be the last grand act in this drama, I shall participate in it by voting "No."
Mr. STEVENS, when his name was called, said: The reason that I vote is because I am present, and can not see but one sensible way of voting. I vote "Aye."
Mr. WALLACE, when his name was called, asked the Senate to excuse him. The Senate refused to excuse him, and he peremptorily refused to vote.
Mr. WILSON, when his name was called, also asked to be excused from voting. The Senate refused, and he said : I wish to I law-abiding man, but I utterly refuse to vote. So the memorial was adopted.
And the Senate adjourned.
