IN SENATE.
THURSDAY, January 31,1861.Mr. NEWCOMB, from the Judiciary Committee, returned his bill [S. 5]-described on page 13 of the BREVIER REPORTS-recommending passage.
Mr. SHOEMAKER, from the Committee on County and Township Business, returned a resolution asking a change of the law making a transfer of deeds before their record: recommending legislation inexpedient.
Which reports were concurred in.
DISTRIBUTION OF THE SCHOOL FUND.
Mr. MURRAY offered a resolution, directing the Committee on Education to report an amendment to the school law requiring township trustees to make an annual equal distribution of the surplus school fund after the winter schools, for the purpose of carrying on a summer school.
Mr. M. said the object of the resolution was to make some provision by which the small children of the State could derive some benefit from the school fund.
Mr. MILLER, as chairman of the Committee, hoped an imperative resolution would not be directed to that Committee, as the common school system was now undergoing a complete revision in the hands of the Committee, and such a resolution would embarrass their action.
Mr. SHIELDS objected to the manner of distribution proposed in the resolution-he desired pro rata distribution.
page: 137[View Page 137]Mr. MURRAY insisted that the pro rata system of distribution is unconstitutional; and desired this to be a test question before the Senate.
Mr. JOHNSON thought the resolution was of no practical utility.
[A message from the Governor was received, transmitting resolutions passed by the Wisconsin Legislature, pledging co-operation in the defence and preservation of the Union.]
On motion of Mr. HAMILTON, the resolution was changed to one of inquiry.
The resolution, as amended was adopted.
FOURTH OF FEBRUARY CONVENTION.
Mr. LOMAX offered a resolution, instructing the Committee on Federal Relations to report at once a joint resolution providing for the appointment of Commissioners to the Border States Convention.
Mr. ANTHONY raised a point of order, that the resolution should go to the Committee on Federal Relations, under the rule, without debate.
After remarks by several Senators-
The PRESIDENT [Mr. Mellett in the Chair] so decided.
Mr. WOLFE appealed from the decision.
On motion by Mr. MURRAY, the appeal was laid on the table by yeas 26, nays 19.
Mr. COBB offered a resolution, excusing members of the Committee on Federal Relations from serving in the Senate until they make out their report in accordance with the resolution introduced by the Senator from Orange, [Mr. Lomax.]
The PRESIDENT. The Senate has taken no action upon the resolution of the Senator from Orange, and therefore I hold the resolution to be out of order.
Mr. COBB withdrew his resolution.
STATE DEBT AND STATE AGENT.
Mr. BEESON offered a resolution, which was adopted, requesting the State Treasurer to report the condition of the $104,052 37 suspended debt, also the $160,000 in the hands of the State Agent, and by what law it was put in his hands.
WABASH COMMON PLEAS.
Mr. CONNER introduced a bill [97] changing the time of holding Common Pleas Court in Wabash county, which was passed the first reading; rules suspended-yeas 44, nays 0- read the second time by title only; on his motion read the third time and finally passed by yeas 44, nays 0.
FEDERAL RELATIONS.
Mr. COBB offered a resolution excusing the Committee on Federal Relations from serving in the Senate until they can have time to consider the matters heretofore referred to them.
On motion by Mr. MURRAY the resolution was laid on the table-yeas 28, nays 16.
INTEREST ON SINKING FUND LOANS.
Mr. CRAVENS offered a resolution directing the Committee on Education to inquire into the expediency of providing by law for the annual distribution of interest received on loans by the Sinking Fund, &c.
SESSION HOURS AND ORDER OF BUSINESS.
Mr. TARKINGTON offered a resolution providing for but one session per dayfrom 9 till 1 o'clock.
Mr. BLAIR offered a resolution changing the daily order of business.
Which lie on the table for one day.
COURTS IN THE SEVENTH CIRCUIT.
Mr. CRAVEN, from the select committee thereon, returned bill [S. 74,] with an amendment recommending passage. On his motion the rules were suspended, the bill read the third time, and finally passed by yeaa 44, nays 0.
Mr. CULVER, from the Committee on County and Township Business, returned Mr. Miller's bill [S. 53,] recommending that it lie on the table.
The report was concurred in.
Mr. STEELE made an ineffectual motion to suspend the order of business far the purpose of taking up the loan bill.
On motion by Mr. STEELE the House message requesting a return of the joint resolution [S. 9] was taken up.
Mr. ANTHONY moved to accede to the request.
After remarks thereon by several Senators-
The motion was agreed to.
And then came the recess till 2.
AFTERNOON SESSION.
A message from the House announced the passage by that body of a joint resolution, [H. R. 29] authorizing the Governor to appoint five Commissioners to the Border States Convention of the 4th prox.
[The PRESIDENT laid before the Senate a communication from the President of the Board of Trustees of the Indiana University in answer to a Senate resolution of the 24th inst., relating to the condition of the University funds, which was read, laid on the table, and 100 copies ordered printed by consent.]
[A call of the Senate revealed the fact, that 42 members were present. Three absentees were sent for, and when they appeared, made humorous excuses, which were received by the Senate.]
The joint rssolution [H. R. 29] authorizing Commissioners to Washington, being read-
Mr. COBB moved to amend by striking out all that relates to the appointment by the Governor, and inserting the names of Thomas A. Hendricks, Cyrus L. Dunham, Henry S. Lane,, Caleb B. Smith and Wm. T. Otto.
On motion by Mr. ANTHONY, this amendment was laid on the table-yeas 27, nays 18.
Mr. ANTHONY made an ineffectual demand for the previous question.
Mr. WOLFE moved to amend by striking out all that part which trammels the action of page: 138[View Page 138] the Commissioners and by providing that their appointment shall be made by and with the advice and consent of the Senate.
On motion by Mr MURRAY, the amendments were laid on the table-yeas 27, nays 19.
Mr. COBB offered an amendment, submitting to the people on February 22d, the approval or rejection of the Crittenden proposition, as a direction for the action of these Commissioners.
The PRESIDENT. As a whole, the amendment is not in order.
Mr. MURRAY made an ineffectual demand for the previous question.
Mr. RAY offered an amendment, declaring the Crittenden proposition a fair basis for the action of these Commissioners.
On motion by Mr. BLAIR, the amendments were laid on the table-yeas 26, nays 19-a party vote.
Mr. President: In explaining the vote I am about to give, it is, perhaps, unncessary for me to say either to the Senate or the people I have the honor to represent, that I am utterly opposed to offering any compromise to the slave-holding States contemplating an amendment to the Constitution of the United States for the recognition of extension or slavery. While I hold a seat on this floor, I will never vote in favor of taking one step in that direction. By the restraints thrown around the action of this commission, they cannot commit the State of Indiana or the Republican party to any such proposition. The appointment of this commission, then, is a mere matter of policy. Though my judgment is opposed to it, as being of no practical utility, yet I acquiesce in it in obedience to the wishes of a majority of my political associates, and the earnest entreaties of Democratic Senators. I therefore vote in the affirmative.
Mr. WOLFE. I shall vote for the resolutions but I shall do it reluctantly for the reason that trammeled as those Commissioners will be they cannot effect much good. Indeed I am afraid they will not be permitted to act at all. My fears are that the number of States required by these resolutions will not be there. I do not do it because I myself want any change in the Constitution nor because I believe the State of Indiana needs any change, but simply because I believe such an act will be productive of good. I say further in voting for these resolutions that I do it because I believe it is determined that no other resolutions in any other shape will be permitted to be passed, therefore I take them as defective as I think they are rather than have no Commissioners appointed at all.
Mr. RAY gave notice that a minority here would enter their formal protest against these resolutions.
Mr. JONES. I shall vote for these resolutions because I know the public mind I represent is deeply agitated on this subject and any steps in the direction of compromise will be hailed with joy; and as nothing now accept, able can be obtained, I shall vote for the resolutions.
Mr. WILLIAMS moved to strike out in the resolutions all that relates to disfranchising the Commissioners unless nineteen States are represented in the Convention.
Mr. JOHNSON. These Commissioners will be subject to instructions from this Legislature, hence I shall vote for them. There has been a good deal of letting down on the part of my Republican friends in allowing these Commissioners to be appointed, and I think there will be more when we come to sending instructions.
On motion by Mr. MELLETT. The amendment was laid on the table-yeas 26, nays 19.
Mr. MARCH. Mr. President, relying upon my own judgment, and listening to the prophetic warnings of instinct, which I have found a safer guide than the deductions of logic whenever my pathway has grown dark I should vote against this resolution. I cannot, however, allow any one to go before me in devotion to the Constitution the Union and in readiness to do anything and everything calculated to hold up their falling pillars, and to sacrifice anything and everything for their preservation except the principles upon which they are founded. But the union of these States was not the work of politicians, nor was it built upon paper. It was the result of necessity, and of strong currents of patriotic and brotherly feeling running north and south, east and west, and which had been generated in the long, dreary struggle of the revolution. These were the necessities of commerce and finance, of international law and foreign intercourse. The necessities remain as strong as ever, but the currents of fraternal feeling have been broken, and jealousies and rivalries excited by the schemes of ambitious demagogues, and the blind servility of party, have taken their place. The meeting of these commissioners may increase the political imbroglio and multiply the points of difference. We also run the hazard in this kind of an outside and irresponsible convention, of having the fundamental principles of the government surrendered and sacrificed. I do not, however, despair of the Union, nor abandon the heretofore cherished hope of our great destiny.
I believe that there is yet sufficient centripetal force in the national government, when the laws of its creation,have fair room to work, uninterrupted by an imbecile executive and traitorous Cabinet and corrupt politicians, to draw every wandering star back to its orbit, and restore the system to its original harmony of action.In as much, however, as it is a mere question of policy and not of regard to the feelings of some of my political associates, and to ap page: 139[View Page 139]pease the apparent tenor of our Democratic friends. I shall vote for the resolution.
Mr SHIELDS. A few days since a gentleman has the confidence of the district which I have the honor to represent said to me, say to the Senate of Indiana that two thirds of the Republican party, and he is a Republican, thought the Crittenden proposition was the one that the Republicans of Southern Indiana demand.
Mr. CLAYPOOL. My better judgement is against this proposition, but out of a spirit of harmony to the end that I may act in perfect concert with my associates I have been willing to go with them for this measure. My reasons are divers: one is that it would strengthen the hands of our friends in the South; another is that it will stop a continuous noise on this floor, but the most masterly one of all is it will lick the wind out of Democratic sails.
Mr. LINE. I was well pleased to hear the venerable Senator from Parke [Mr. Steele (solo voce) don't call me "venerable,"-laughter] remark that this proposition has come from a republican caucus. I am not going to stand up here and say that proposition comes here covered all over with the slime of a republican caucus, but actuated by honorable and high minded considerations I shall vote for it, although I should vote for it more readily with some other provisions engrafted in it.
Mr. DICKINSON. In all my life with scarcely an exception have I ever found the promptings of nature to be a correct monitor. My convictions in this case are that I ought to vote "no." My republican associates, some out of general expediency, some out of privilege, think it their duty to vote "aye." I came here expecting to be governed by my republican associates on all questions of policy but never when they depart from principle. This I regard as a question of policy, but then it grasps directly hold of principle. Viewing, then, that as true, I feel compelled to vote "no" on the proposition and feel that I should fail to do myself or constituents justice if I do otherwise.
I vote "no," because I believe: 1st That the appointment of Commissioners unauthorized, and will be futile for any good ; 2d That my constituency are emphatically opposed to the measure, and 3d That the act is the first step to the debauchment and ultimate destruction of our free, glorious and once happy Union and government.
Mr. TURNER. I have always held it to be my duty and privilege to co-operate heartily and fully with my republican, friends. I have acted with that party from principle and not from personal motives; and acting in accordance with the dictates of my own judgment and conscience I feel it to be my duty so to do. But in this case I feel as though I was compiled, under the circumstances to vote against this measure, and I confess it is with reluctance I take this course. The appointment of these Commissioners I regard as suicidal to the very principles of the government which we have attempted to foster and uphold. It will result in no good. They will not agree upon any plan that will settle this question. In justice to my own fealings and in justice to the constituency which I nave the honor here freely to represent I must vote "no" on this question.
Mr. RAY was sorry to hear from the lips of one Senator after another who gave explanations of votes that his judgment is against the proposition and that it is only to preserve party harmony and in obedience to party dictations that he gives his vote ; and was amazed that higher motives were not prompting them. Mr. R. continued about 25 minutes.
Mr. MELLETT. I must be permitted to say my judgment is not in favor of the resolutions ; and in my judgment I am actuated by as patriotic motives, with all due respect to the gentleman as he or any other man; and I must be permited to say that no gentlman upon this floor, in my hearing or in the State of Indiana, in all the relations of life is more willing to yield to a spirit of concilation and compromise than I.
[A message from the House announced the passage by that body of Mr. Conner's bill [S.97](introduced and finally passed in the Senate this forenoon,)with amendments.]
Mr. M. continued for nearly an hour speaking particularly in answer to Mr. Ray.
The resolutions were adopted by yeas 43, nay 3viz: Senators Campbell, Dickinson and Turner.
And then the Senate adjourned.
