IN SENATE.
WEDNESDAY, January 23,1861.Mr. WHITE presented a petition, which was referred to the Special Committee on County and Township Business without reading.
Mr. HULL presented a petition, praying for the repeal of the new county acts of '57 and '59 which was read, and took the same reference.
PROTECTION OF FISH.
Mr. LINE, from a Select Committee to which as referred a petition for the passage of a law protecting fish in inland waters of the State, submitted a report recommending the passage of Mr. Claypool's bill [S. 40] on that subject.
WHAT HAS BECOME OF THE SCHOOL MONEY?
Mr. BEESON offered a resolution, which was adopted, directing the State Auditor to report by what law the whole amount of the common school fund was ordered to be paid into the treasury, and why $255,000 of that fund has been withheld from distribution.
Mr. ODELL offered a resolution, which was adopted by consent, directing the Committee on Education to inquire into the expediency of increasing the common school fund so as to afford free schools throughout the State at least three months in the year.
ELECTION OF STATE PRINTER.
Mr. NEW COMB offered a resolution, providing for a joint Convention at 2 o'clock this afternoon to elect a State Printer to serve for two years; the General Assembly reserving the right to abolish the office, change the rate of compensation, or otherwise legislate on the subject, to which the person elected and his securities shall file consent in the office of Secretary of State.
Mr. WAGNER moved to strike out the words "Joint Convention," so that the Houses may be left free to determine the manner of election.
Mr. NEWCOMB. I accept the amendment.
Mr. RAY. I move to postpone indefinitely the consideration of this subject.
The motion was rejected.
Mr. COBB. I move to amend by striking out all that part of the resolution referring to the right of legislation upon the matter.
Mr. NEWCOMB. I am rather inclined to think we have that right, but as it is a question whether, after entering into a contract of this character, we can then rescind it, to save all question, I propose to reserve the power in express terms.
Mr. COBB. I withdraw my amendment.
The resolution was adopted by yeas 25, nays 17.
HOMESTEAD FOR ACTUAL SETTLERS.
Mr. LANDERS offered a resolution, which was adopted, requesting our Congressmen to use their efforts to secure the passage of a law securing to actual white male settlers over 21 years of age, and to widows a homestead of 160 acres of lard.
The resolution was adopted, by yeas 38, nays 0.
ASSESSORS.
Mr. JOHNSON offered a resolution, which was adopted, instructing the Committee on Finance to inquire into the expediency of amending the revenue law so as to authorize county boards to appoint one or more assessors in large towns or cities.
GOVERNOR-SUCCESSION.
Mr. STONE offered a resolution, which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of so amending the law, that in case of the removal or death of the Governor and Lieutenant Governor, the duties of Governor shall devolve upon the President of the Senate.
ROAD COMMISSIONERS.
Mr. MURRAY offered a resolution, which was adopted, instructing the Committee on Roads to inquire into the expediency of so amending the law as to make viewers appointed to locate or change roads, discharge the duties required in sections 19, 22 and 23 of the Revised Statutes.
ASSESSORS' RETURNS.
Mr. JOHNSON offered a resolution, which was adopted, directing the Committee on Finance to inquire into the expediency of so amending the Revenue laws as to require assessors to report to county boards on the first Monday in March instead of the first Monday in June.
ASYLUM FOR INEBRIATES.
Mr. STONE offered a resolution, which was adopted by consent, directing the Committee on Benevolent Institutions to inquire into the expediency of providing, at an early day, an asylum for inebriates, to be located at some central place in this State.
A MESSAGE FROM THE HOUSE
Announced the concurrence of that body in the Senate resolution, authorizing the Committee on the State Prison to visit the Michigan City Prison.
COMMON PLEAS COURT IN GIBSON AND OTHER
COUNTIES.
On motion by Mr. WILLIAMS, the order of business was suspended, and the bill [H. R. 59] to amend section 1 of the act fixing the page: 86[View Page 86] time of holding common pleas courts, approved March 5, 1859,was read the first time. The rules were suspended-yeas 40, nays 0-the bill was read the second time by title; then considered as engrossed, read the third time, and finally passed by yeas 62, nays 0.
FEDERAL RELATIONS.
Mr. SLACK moved to postpone the special order for this hour-being the resolutions on the state of the Union, printed on pages 58 and 59 of these reports-until Tuesday next, at 10 o'clock.
Mr. CRAVENS. [Mr. Wagner in the chair.] I am anxious to have a vote upon these resolutions, and while I am anxious to hear every gentleman upon this floor express himself, I am also anxious to see Indiana place herself upon record elsewhere in this matter. I propose to do this, and I submit whether it is not fair and frank: Inasmuch as the whole debate has been elicited upon the remedy reported by the minority of the committee, I propose that we act upon the majority report now, and leave the minority report to be acted upon hereafter.
Mr. SLACK (interrupting.) You will have to vote upon the amendment first.
Mr. CRAVENS. The Senator from Huntington says there is no way of reaching the majority report except by disposing of the amendment of the Senator from Brown, [Mr. Tarkington,] and, unless there is serious objection, I shall ask the Chair to rule, according to the point of order raised by the Senator from Wabash, [Mr. Conner,] the other day. It is not in order, for it is a new and distinct substantive proposition. We have a rule which provides that " no new motion or proposition shall be admitted under color of amendment, as a substitute for the motion or proposition under debate." This is a new proposition. The resolutions are an expression of sentiment on the evils of the day, and the amendment proposes a remedy for these evils. We want to state to the world our position, and then we are ready to enter into a discussion of the remedies. The Chair could properly rule the amendment out of order, and then we could come to a direct vote. I will say to the Senators that they may have tomorrow, next day, the whole of next week; indeed the magnitude of the subject would justify our taking the whole session if we could succeed in maturing a remedy that would prove a solution of our present and impending difficulties.
Mr. TARKINGTON. I am sorry to hear these sentiments fall from the lips of the Senator from Jefferson, [Mr. Cravens.] He being the presiding officer of the Senate when the point of order was made, he should have ruled that amendment out of order.
Mr. CRAVENS (interrupting.) I was not in the chair.
The PRESIDENT. That matter was not pressed at the time.
Mr. TARKINGTON. The objection comes at a late hour indeed; after the discussion has been made upon the question. I do not think the point of order is well taken. I understand the amendment is germain, and it is the only question before the Senate that is worth the snap of your finger.
The PRESIDENT. Under the resolution referring all propositions of this nature to the Committee on Federal Relations, the gentle, man's amendment is unquestionably out of order.
Mr. TARKINGTON. I insist upon it this amendment has been referred to that commit tee; they have acted upon it; and majority and minority reports have been made to the Senate. My amendment is in the precise language of the minority report, and if the minority report is in order, and has been be. fore the committee, my amendment is in order and has been before the committee.
Mr. STEELE. I hope the vote will be taken directly on these resolutions, but if their adoption were to crush out debate, I would vote against it. As was remarked by the Senator from Jefferson, [Mr. Cravens,] if it takes the whole session, I look upon it as the most important thing we can discuss.
Mr. JONES. I hope gentlemen will not insist upon a vote, now that so many Senators are absent.
Mr. LINE. There are several Senators here who desire to speak upon this question, and who desire also to visit the Northern State Prison, and they must either neglect their duties here, or neglect to attend to their duties there. I hope the Senate, out of courtesy to these Senators, will consent to the postponement. I understand the House Prison Committee have obtained leave of absence, and have left their seats with a view of preparing to start at 11 o'clock.
Mr. MELLETT. I expect to go to the Northern Prison, but I am not to be hurried off in this manner. We are under no particular obligations to go at this hour.
Mr. COBB. I am a little surprised at gentlemen opposing this motion. It is well understood that several Senators desire to say something with regard to this question. I desire to speak to this question before it is finally disposed of, and I have reasons personal to myself. I have been charged by a public organ of a certain party in this city as sympathizing with disunion, and I desire to speak upon that point. I desire to give my reasons and opinions upon this subject, that they may be placed upon record with the opinions of other Senators. Being upon the Prison Committee, I am driven to the necessity of foregoing anything personal to myself, if this vote be taken now, for the purpose of performing what I conceive to be a matter of duty in behalf of my constituents. I hope the Senate will postpone this matter until the Committee can return from the Northern Prison.
page: 87[View Page 87]Mr. BAY. There are other reasons, sir,why in my judgment, there should be no immediate action upon this report. It is like the resolutions passed a few days since by the Legislature of Ohio, and they were transmitted to Governors of the Southern States, among others, Virginia. The Governor has laid these resolutions before the Legislature of Virginia, and expressed the opinion that they were to be regarded rather as exasperating the already too excited feeling of the South than otherwise, as proposing no concession, no compromise, nothing but simply a desire to furnish means and men necessary to maintain the Federal Constitution, without regard to either the grievances or state of feeling in the South.
Mr. MILLER. I am one of those who desire to make some remarks upon this question, but I shall oppose the postponement of it, for the reason that I believe Indiana should take a stand upon this subject. I understand these resolutions will give a rebuke to treason in the South, and it is time to put ourselves on the record upon this one simple subject.
After further talk across the House between Mr. Tarkington and Mr. Mellett-
Mr. CRAVENS. The proposition I make is that the Senate now come to a vote upon that part of the question which has not been discussed, leaving the minority report yet open for discussien.
The PRESIDENT. The question is on the motion to postpone the consideration of the majority report till Tuesday.
This motion was rejected, by yeas 16, nays 25.
Mr. WILLIAMS moved to recommit with instructions to report a set of resolutions in accordance with the resolutions introduced in the Senate of the United States by Hon. John J. Crittenden, of Ky.
Mr. CLAYPOOL. I desire to say that I am very much opposed to any action that will cut off a full, fair and free expression of sentiment in reference to this question.
Mr. ROBINSON. My position requires that I should come upon record on this question, and I wish it not to be understood in casting this vote, that I intend voting against the Crittenden resolutions, or something similar to them.
Mr. ANTHONY. Like the Senator from Ohio, [Mr. Robinson,] I desire it expressly understood here, that I do not vote, as I understand it, strictly upon this proposition.
The motion to recommit was laid on the table by yeas 26, nays 14a strict party vote.
Mr. RAY offered, as an amendment, an additional resolution "declaring it to be expedient for the General Assembly to proceed by law at once to submit at an early day the reception or rejection of the proposition lately introduced into the Senate of the United States by John J. Crittenden, to the popular vote of toe freemen of Indiana."
The PRESIDENT. The chair will be compelled to decide the resolution out of order, for it is in effect the same as those already ruled out.
Mr. RAY. If the chair so decides, I take an appeal from the decision of the chair.
The decision of the chair was sustained by yeas 26, nays 18.
Mr. WILLIAMS made an ineffectual motion-yeas 26, nays 13-to strike out that portion of the resolutions reported which says the South has no cause of complaint.
Mr. MURRAY demanded the previous question, and the demand being seconded by yeas 26, nays 12, the main question was ordered, by consent.
The yeas and nays being demanded and taken, resulted-yeas 28, nays 10-as follows :
YEAS-Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Cravens of Jefferson,DeHart,Dickinson, Grubb,Hamilton, Hull,March, Mellett, Murray, Newcomb, Robbins, Robinson, Shoemaker, Steele, Stone, Teegarden. Turner, Wagner, and White-28.
NAYS-Messrs. Carnahan, Conley, Johnson, Lomax, O'Brien, Odell, Ray, Shoulders, Williams and Wilson-10.
Mr. CARNAHAN, when his name was called, said: There are some portion of these resolutions I do not like to vote against, and there are other portions that I regard as not the truth. It puts me in a quandary, but a good part of it has no good in it much-I regard it as of little or no importance at all, and so I shall vote against it.
Mr. CONLEY submits the following reasons for his vote:
Mr. President-I vote No on this question, because it impliedly states that the South has no cause for alarm, and the requirements of new guarantees for their property. And in addition to what I have heretofore said, I know that a majority of the people I represent desire the banishment of this irrepressible negro question from the halls of Congress. And they desire the final settlement of this question upon the basis of the Crittenden resolutions, or some other equitable plan of adjustment. The report of the majority of the Committee has not met the real issue between the States. They have proposed no remedy for existing evils. And I am induced to believe the passage of these resolutions will do more harm than good. Its tendency, at least in my opinion, will have that effect. It will be regarded as the ultimatum of the Indiana Legislature. For these reasons, I vote No.
Mr. LOMAX I vote No, and submit this as an explanation of my vote:
Mr. President-I object to the report presented here by the Chairman of the Committee on Federal Relations, It offers no terms of conciliation; it is therefore useless. But on the contrary, it strongly intimates that our sister Southern States have done wrong, and that they threaten dismemberment without provocation; which charge I object to, because I think it makes that report dangerous. page: 88[View Page 88] Again, sir, I understand one resolution of that report to give notice to the Southern States and to the President, that we stand ready, or, in other words, that we pledge the people of Indiana to stand ready, when called on by the Executive, to furnish whatever power we may be able to command, to coerce the complaining States into submission. This pledge, sir, should the attempt be made to carry it out, will, as I believe, produce unheard-of calamities in this country. These are a few of the reasons, briefly, which I offer in justification of my vote. I vote No.
Mr. ODELL. I vote No, with the liberty of giving my reason for the vote in the Reports. They are as follows:
Mr. President-There is but little in the Report to which I dissent, but, in my opinion, it utterly fails to meet the crisis, and will do no good towards restoring peace and harmony to the distracted parts of our country; but, on the other hand, will tend to widen the breach already made.
Mr. RAY, when his name was called, said: I concur in the report in the main, but I think it falls so far short of the exigency of the country, that it will do more harm to the cause of the Union and tranquility in the country than good at this juncture; and for that reason I vote against it.
Mr. SHOULDERS, when his name was called, said: I would like it if the report were in such a form that I could vote for it freely, but I am well aware the constituency I have the honor to represent will not be satisfied with it, and for that reason I shall vote No.
The result was announced as above-
And so the report was concurred in, and the resolutions passed.
The PRESIDENT. The minority report is before the Senate for their action.
Mr. RAY. I move its consideration be postponed till two o'clock Tuesday.
The PRESIDENT. It is so ordered by consent.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading, without objection :
By Mr. RAY: [59] to amend section 1 of an aet for the incorporation of manufacturing and mining companies, approved May 20, 1852, so as to provide for the incorporation of companies to furnish motive power to carry on such businees, or supply any city or village with water.
By Mr. ROBBINS: [60] defining certain felonies and prescribing punishment therefor; providing that any attorney or other person collecting any sum of money exceeding $10, and neglecting to pay it over to the party entitled, shall be deemed guilty of felony, aud imprisoned not less than one nor more than five years, and fined not exceeding double the amount of money so retained.
By Mr. MURRAY: [61] Requiring county treasurers to settle with county auditors the first Monday in August for delinquent taxes &c., and repealing an act amending section 103 of the Assessment act, approved March 5 1859.
By Mr. SHIELDS: [62] To provide for the collection of claims against railroad companies far labor done, materials furnished, stock killed, &c,[A message from the House announced its concurrence in the Senate resolution, relating to the election of State Printer; also the pass, age of a resolution inviting the Senate to the Hall of the House at 2 o'clock for that purpose.]
By Mr. MURRAY: [63] To change the time that the township trustees shall apportion the money for school purposes to second Monday in March.
By Mr. CRAVEN: [64] To provide for the rights of married women in cases of sale of land by execution or any other legal proceedings when the wife does not consent to the same; the interest of the wife therein shall be deemed to be valid as if the husband had died.
By Mr. SHOEMAKER: [65] The Judge of Common Pleas Court may by order direct that a jury shall not be selected or summoned, if the business of the court does not require it.
DECEDENTS' ESTATES.
Mr. CONNER, by leave, returned from the Judiciary Committee Mr. Carnahan's bill [S. 14,]-described on page 25 of these reports-recommending its passage with amendment.
The report was concurred in, and the bill ordered to be engrossed for the third reading.
ELECTION OF STATE PRINTER.
The House message recited above was taken up-
Mr. CRAVENS. I find there is no provision in law how this election shall be made. Now, as there is no method, I would submit to Senators whether it is not more appropriate to make this election by concurrent vote. The same difficulty that met us in relation to the election of United States Senator meets us here, and I think the manner we obviated the difficulty in that case would give us a clue as to how we can do it now. In order to have it done legally and constitutionally, I would move that the election be by concurrent vote.
Mr. NEWCOMB. Two years ago the State Printer was elected by joint ballot, and I think we have a law regulating the election in that way. I think it was a dangerous precedent to depart from that practice. If we go in joint convention for the election, we have the law on our side.
Mr. CRAVENS. I am willing to withdraw my motion.
The invitation for a joint convention was accepted. And then-
On motion the Senate took a recess till two o'clock.
page: 89[View Page 89]AFTERNOON SESSION.
Mr. WAGNER introduced a bill [66] to provide for a general system of common schools, &c., (the same as the bill [S. 85] of last session) and on his motion the rules were suspended-yeas 35, nays 1-and the bill read the first time by title only.
ARCHITECT FOR STATE PRISON COMMITTEE.
Mr. BEARSS, offered a resolution authorizing the joint committee on the State Prison to employ an architect to assist them in their investigations.
[A message from the House inviting the Senate to appear in their Hall instanter, was received and accepted. When the Senate returned-]
Mr. CARNAHAN moved to amend the resolutions by providing that the architect be sent to examine the Prison, and that the committee remain at home.
This amendment was laid on the table by yeas 27, nays 14.
After debate theron-
The resolution was adopted.
RECORDERS' AND SURVEYORS' FEE BILLS.
Mr. TURNER offered a resolution, which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of amending the law authorizing Recorders and Surveyors to issue fee bills, so the same may waive valuation and appraisement laws.
DECEDENTS' ESTATES.
Mr. Carnahan's bill [S. 14,] described on page 25 of these reports, was taken up, read the third time, and passed by yeas 40, nays 0.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading without objection :
By Mr. BLAIR : [67] To provide compensation to persons who may bring fugitives to justice.
By Mr. NEWCOMB: [68] To establish an insurance department and provide compensation for officers thereof.
By Mr. NEWCOMB: [69] To regulate the business transacted in this State by any Fire, Marine, Life, Health, or Life Stock Insurance Companies not incorporated in this State.
CLERK FOR FINANCE COMMITTEE.
Mr. CONNER asked and obtained authority for the Finance Committee to employ a Clerk.
On motion, Messrs. Mellett, Johnson, and Conley were added to the Committee.
BILLS ON THE THIRD READING.
Mr. Conley's [S. 6,] repealing the county acts of '57 and '59, was read and laid on the table.
Mr. Conner's [S. 11,] concerning tax titles, described on page 25 of these reports, was read the third time and finally passed by yeas 33, nays 2.
WORK FOR COMMITTEES.
On motion by Mr. WAGNER, the order of business was suspended, and the following Senate bills-introduced January 15-read the second time and severally referred:
Mr. Hamilton's [31] to the Judiciary Committee.
Mr. Murray's [32,] Mr. Wolfe's [37,] and a select committee's [38,] to the Finance Committee.
Mr. Wilson's [38] to the Committee on Corporations.
Mr. Wolfe's [34] to the Committee on Temperance.
Mr. Wagner's [35] to the special Committee on Apportionment.
Mr. Miller's [36] to the Committee on Roads.
Mr. Clay pool's [40] ordered engrossed.
And then-
On motion the Senate adjourned.
