INDIANA LEGISLATURE
IN SENATE.
THURSDAY, January 10, 1861
Pursuant to the provisions of the constitution, the Senate of Indiana met in the Senate Chamber this, the Thursday after the first Monday in January, 1861, in regular biennial session being the forty-first session of the General Assembly of the State and was called to order at 9 1/2 o'clock A. M., by JAMES H. VAWTER, Esq., the Principal Secretary of the last session
The names of Senators who were members of the last Senate, and whose term of office has not expired, were called by the Secretary and the following Senators holding over answered to their names:
- From the county of Allen-Allen Hamilton.
- From the county of Bartholomew-Smith Jones.
- From the counties of Benton, Warren and White-George D. Wagner.
- From the counties of Clinton and Carroll-James Odell.
- From the counties of Crawford and Orange-Quinton Lomax.
- From the county of Dearborn-Cornelius O'Brien.
- From the county of Floyd-D. C. Anthony.
- From the county of Franklin-Aaron B. Line.
- From the counties of Grant and Madison-Harvey Craven.
- From the counties of Green and Owen-J. W. Conley.
- From the counties of Hamilton and Whitley-J. R. Slack.
- From the county of Jefferson-John R. Cravens.
- From the counties of Knox and Daviess-Jas. D. Williams
- From the counties of Kosciusko and Wabash-James D. Conner.
- From the counties of Lake, Porter and Jasper-David Turner.
- From the counties of Martin and Lawrence-T. R. Cobb.
- From the counties of Monroe and Brown-W. C. Tarkington.
- From the counties of Ohio and Switzerland-Benjamin Robinson.
- From the counties of Parke and Vermillion-George R. Steele.
- From the counties of Posey and Vanderburg-M. T. Carnahan.
- From the county of Tippecanoe-M. C. Culver.
- From the counties of Warrick, Spencer and Perry-John C. Shoemaker.
- From the county of Wayne-Othniel Beeson.
The names of Senators elect were then called, and the following appeared, presented their credentials, and took the oath of office at the hands of Judge Elliott, of the thirteenth (Wayne) Circuit Court, which is in the following words : "You and each of you do solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Indiana, and that you will faithfully discharge your duty as Senators during your continuance in office, so help you God."
- From the counties of Cass, Howard and Pulaski-R. P. De Hart.
- From the counties of Clark and Scott-C. P. Ferguson.
- From the counties of Clay and Putnam-Archibald Johnson.
- From the county of Decatur-Richard Robbins.
- From the counties of Delaware and Blackford-Walter March.
- From the counties of Fayette and Union-Benjamin F. Claypool.
- From the county of Fountain-Henry Campbell.
- From the counties of Gibson, Pike and Dubois-Thomas Shoulders.
- From the counties of Hamilton and Tipton-G. B. Grubb.
- From the counties of Hendricks and Boone-Solomon Blair.
- From the county of Henry-Joshua H. Mellett.
- From the counties of Johnson and Morgan-F. Landers.
- From the counties of La Grange and Elkhart-C. L. Murray.
- From the counties of Laporte and Starke-Abraham Teegarden.
- From the county of Marion-H. C. Newcomb.
- From the counties of Miami and Fulton-D. R. Bearss.
- From the county of Montgomery-Michael D. White.
- From the counties of Noble, De Kalb and Steuben-Timothy R. Dickinson.
- From the county of Randolph-Asahel Stone.
- From the county of Ripley-James S. Hull.
- From the county of Rush-E. H. W. Berry.
- From the county of Shelby and Hancock-M. M. Ray.
- From the counties of St. Joseph and Marshall-John F. Miller.
- From the counties of Vigo and Sullivan-H. K. Wilson.
- From the counties of Washington and Harrison-Simeon K. Wolfe.
ELECTION OF OFFICERS.
Mr. WAGNER. Mr. Secretary: I move you, sir, That we now proceed to the election of a President of the Senate, and I nominate for that office, Mr. John E. Cravens, of Jefferson county.
Mr. SLACK. I would nominate A. B. Line, of Franklin.
The Secretary called the roll, and the result of the first ballot was as follows:
Those Senators who voted for Mr. Cravens, were-
Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Culver, DeHart, Dickinson, Grubb, Hull, March, Mellett, Miller, Murray, Newcomb, Robbins, Robinson, Steele, Stone, Teegarden, Turner, Wagner, and White-27.
Those Senators voting for Mr. Line were-
Messrs. Carnahan, Cobb, Conley, Ferguson, Hamilton, Johnson, Jones, Landers, Lomax, O'Brien, Odell, Ray, Shoemaker, Shoulders, Slack, Tarkington, Williams, Wilson, and Wolf-19.
Mr. CRAVENS having received a majority of all the votes cast, was declared by the Sec page: 4[View Page 4]retary, to be duly elected President of the Senate, and Senators Wagner and Slack were appointed to conduct Mm, the President elect, to the chair.
Upon ascending to the forum-
The PRESIDENT said: Gentlemen of the Senate, I shall not detain you from the further and complete organization of this body with any remarks, further than to return you my sincere thanks for the honor just conferred upon me. If it is the result of any former fidelity on my part to the faithful discharge of the duties to which I am called, it will only enhance the honor.
I will make one remark, however. There never has been in the history of the country, a time, when men are assembled as you are, which requires a more earnest and deep consideration of the interests of our common country. There never was a time when men are more earnestly called upon to do so in the spirit of statesmen and patriots.
Without saying anything further at this time, I shall ask you to continue the proceedings in the organization of the Senate.
Mr. CONNER. Mr. President, I move that we proceed to the election of a Principal Secretary of the Senate, and for that office I nominate James N. Tyner, of Miami.
Mr. SLACK. I nominate Charles I. Barker, of Madison county.
There being no other nominations, the roll was called, and the first ballot resulted: For Mr. Tyner, 28; for Mr. Barker, 20the same as the vote for President, except that Senator Cravens voted for Mr. Tyner, and Senator Line for Mr. Barker.
The PRESIDENT declared Mr. Tyner to be duly elected Secretary of the Senate, and he was thereupon sworn into office.
Mr. MURRAY. I move that the Senate proceed to the election of an Assistant Secretary. I nominate Francis P. Griffith, of Lagrange.
Mr. SLACK. I nominate E. Rose, of Greene county.
There being no other nomination, the roll was called and the ballot resulted-for Mr. Griffith, 28 : for Mr. Rose, 20-a strict party vote.
The PRESIDENT declared Mr. Griffith elected, and the oath of office was administered to him.
Mr. CONNER nominated for Doorkeeper Samuel G. Thompson, of Wabash county.
Mr. SLACK nominated George R. Griffin, of Marion.
There being no other nominations, the roll was called. Mr. Thompson received 28 votes and Mr. Griffin 20 votes.
The PRESIDENT declared Mr. Thompson elected, and he took the usual oath.
Mr. BLAIR nominated for Assistant Doorkeeper Richard H. Litson, of Jefferson.
Mr. SLACK nominated George R. Patterson, of Perry.
There being no other nomination, the roll was called. Mr. Litsori received 28 votes and Mr. Patterson 20 votes.
The PRESIDENT declared Mr. Litson elected, and the oath was administered to him by Judge Elliott.
Mr. SLACK offered a resolution informing the House of the complete organization of the Senate, and announcing its readiness to proceed to business.
The resolution was adopted.
FEDERAL RELATIONS.
Mr. WAGNER offered the following:
Resolved, That all resolutions, motions, propositions and bills having reference to the present condition of our national affairs, be referred without debate to the Committee on Federal Relations.
Mr. LINE. Mr. President: It seems to me, in view of the president condition of our country, that this resolution is rather premature. There may propositions come up here that require a different, direction than "to the Committee on Federal Relations." With due respect to the opinion of the gentleman from Warren, (Mr. Wagner,) I do think it is premature, and shall feel in duty bound to vote against it.
Mr. WAGNER. Mr. President, I have no doubt this Senate will spend a good deal of time in considering the Federal affairs of our country, and if these matters are allowed to be thrust upon us at this early stage, we will hear nothing else in this Hall from the beginning to the end of the session, as new phases are coming to light every day. I will put my name to resolutions expressing the opinion of the Indiana Legislature upon this subject, yet I do not propose to, and I hope Senators do not, thus early in the session. This is a mere resolution to be rescinded at the will of the Senate, and I could quote high authority to show that such a rule is usually adopted by large bodies.
Mr. LINE. The gentleman, (Mr. Wagner,) gives as a reason why his resolution should be adopted, that it would have a tendency to facilitate business. I assume that we had better do too little, and do it right, than a great deal and do it incorrectly. It is not putting the Senate in a proper position to thus commit it so early in the session on this question.
Mr. SLACK made an ineffectual motion- yeas 20, nays 28; a party vote to lay the resolution on the table.
Mr. TARKINGTON. Mr. President, I would be willing to see this resolution passed at any stage of the session but the present. I think with the Senator from Franklin, (Mr. Line,) that it is premature. That we may now or hereafter discuss the question, it seems to me nothing more than right and proper. It is the great question of the day, and I apprehend it is or is not in the power of the Senate to do more good in legislating upon the existing difficulties, than all else the Senate will be able to do during its sitting. All subjects con page: 5[View Page 5]cerning our national difficulties should be freely discussed, and we should come to a deliberate conclusion, and pass such resolutions as will become the sentiment of the people of Indiana. There is a great difference of opinion as to the origin of these troubles; and I trust the gentleman will withdraw his resolution for the present. If we could hear the voice of the people of Indiana, they would say "Settle the financial difficulties of the country and you have settled your political difficulties to a great extent." If the Senator does not feel disposed to withdraw his resolution, I will move to postpone it till next Tuesday, and make it the order for 10 o'clock.
Mr. STEELE. I do hope the Senator will not insist upon that motion. I look upon this as one of the most important things that will come before the Senate at the present session. If we are to get into a party difficulty at the very commencement of this session-as seems to be brewing to day-I think it the very worst thing that could be done. I hope for the benefit of the Senator, (Mr. Tarkington,) and all others who take that ground, that discussion will be postponed for the present; that we will not be precipitately rushed into action upon this subject, and take sides. I see from the moving of the waters, not only in other portions of the State, but in this city, there is a disposition to take grounds upon this great question of the Union, that I would not like to adopt, myself, nor like to see them adopt, although political enemies. Only a day or two ago, in the county of Perry, men assembled by hundreds and passed resolutions declaring, when there is a dividing line between the North and the South, that because they differ with my party in politics, they will go with the South. I say I do not want my Democratic friends to rush headlong into such an unenviable position at this time. Before one month, all men will have to take one ground or another,either with the tories of South Carolina, or with the Union. I have as much sympathy with the South as any Senator upon this floor, and I would as soon go to war with my fathers, as with my uncles and cousins in the South, but I claim to stand upon my own dunghill. If we have got to pass resolutions similar to what was passed in this city several days ago, there will be little business done, and I thank the Senator from Warren, (Mr. Wagner,) for introducing a resolution of this kind. That committee can probably make a report that will satisfy Democrats as well as Republicans, instead of our getting into a discussion at the first of the session.
Mr. JOHNSON. I, sir, am in favor of free speech. I think that when we come here, we are come for an interchange of opinions, and I can say to the Senator from Parke (Mr. Steele) that if his side of the House does not get up some furious discussion upon this question, I can almost vouch for this side; but I do not wish to be thus smothered and choked down as to the discussion of anything which is for the good of the country. I came here for the purpose of considering questions that the people are interested in, and I do not think it proper at this stage of the game that we should be smothered. I hope the Republicans will not attempt to do any such thing, although they have a large majority here.
Mr. MARCH. I do not understand that the object of the resolution is to cramp or impede discussion in any shape or form. If that was the object, I would vote against it, for I am for the fullest, and freest discussion in any deliberative body that represents the people. We have now had practical demonstration of the necessity of such a resolution as this ; the object being to reduce that discussion to form. that we may proceed in order. If we expect to do any good upon this subject, we must keep cool, and act with deliberation and with judgment. The whole difficulty proceeds from acting hastily. The Legislature meets but once in two years ; there is a large amount of important business to attend to, and while I am ready to discharge my duty, and express my opinion at the proper time, I desire to see such steps taken as will enable us to proceed without unnecessary discussion until the proper time.
Mr. COBB. I understand the object of the resolution of the Senator from Warren, (Mr. Wagner,) to be, sir, to prevent discussion upon the great and important question of the day. I take, sir, the same view that the Senator ft om Franklin, (Mr. Line,) does. We do not know who will compose that Committee; we do not know whether there will be such a Committee, and I think it is premature that a resolution of this kind should be pressed upon us at this time. It seems to me it is out of order. For one, while I would not enter into any angry discussions over questions that are involved in this subject, yet, at the same time, I am willing and anxious that this Senate should express itself in a cool and deliberative manner upon the questions which now agitate the country. I understand, so far as my locality is concerned, that questions of a national character are of vast more importance to the people of the State of Indiana, than probably any legislative act we may pass upon here. I take it the exigencies of the times require that we, as Senators of the State of Indiana, should express ourselves in such a manner as to give peace, if possible, to the troubled waters; and the sooner we investigate this matter and pass upon it the better for the country. We are looked upon as being a conservative State. The State of Indiana has always been conservative, and when gentlemen talk about any section of the State of Indiana adopting measures that he can not endorse, I say I have seen nothing of the kind. The Senator from Parke, (Mr. Steele) speaks of resolutions passed in a convention held in page: 6[View Page 6]Perry county; I have seen these resolutions, and I say with the utmost kindness that they embody no principle but that every man in Indiana would have a right to endorse in case of dissolution. They say they will never consent that the Ohio river shall be made the line between the North and the South. Have they no right to take a seat in any part of this country they choose ? I understand these resolutions to show a fidelity to the Union of this country.
Mr. WAGNER. I have no doubt now the Senate is convinced, of the necessity of my resolution. Now, one remark. I did not, in offering these resolutions, intend to reflect upon the Democratic party. It is hard for gentlemen having strong feelings upon this subject, to be compelled to sit here and listen to speeches that gentlemen will make upon these questions-even upon this resolution. I. therefore, for the purpose of taking the sense of the Senate, move to lay the motion of the Senator from Monroe, (Mr. Tarkington,) upon the table.
This motion was agreed to by yeas 29, nays 19.
Mr. WAGNER, demanded the previous question upon the adoption of his resolution.
Mr. TARKINGTON objected to the resolution, as not being in order, unparliamentary, &c.
The PRESIDENT overruled the objection.
Mr. TARKINGTON moved to lay the demand for the previous question on the table.
The PRESIDENT decided this motion out of order.
The call for the previous question was seconded by yeas 29, nays 19.
The yeas and nays were demanded, and being ordered and taken, resulted as follows :
YEAS-Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Cravens of Jefferson, Culver, De Hart, Dickinson, Grubb, Hull, Jones, Landers, March, Mellett, Miller, Murray, Newcomb, Bobbins, Robinson, Steele, Stone, Teegarden, Turner, Wagner, and White-30.
NAYS-Messrs. Carnahan, Cobb, Conley, Ferguson, Hamilton, Johnson, Line, Lomax, O'Brien, Odell, Ray, Shoemaker,, Shoulders, Slack, Tarkington, Williams, Wilson, and Wolf-18.
So the resolution was adopted.
RULES OF ORDER.
Mr. JOHNSON offered a resolution, which was agreed to, adopting the rules of the last Senate for the government of this, and requiring the Doorkeeper to furnish each Senator with a copy.
THE EMBEZZLEMENT BILL.
Mr. MARCH introduced a bill [S. 1.] "to provide for the safe keeping of the bonds, mortgages and other securities entrusted to the care of certain officers herein mentioned, defining certain felonies and misdemeanors, and prescribing punishment therefor, and providing for certain evidence on the part of the State," which was read the first time, and passed to the second reading, without objection.
Mr. MARCH remarked that this was the original embezzlement bill, as it passed both Houses of the last Legislature.
THE RULES-AGAIN.
Mr. LINE offered a resolution, which was adopted, authorizing the appointment of a committee of three to revise the rules and orders for the government of the Senate.
The PRESIDENT made the committee to consist of Senators Line, March and Conner.
RESOLUTIONS.
Mr. LINE offered a resolution, which was adopted, authorizing the Doorkeeper to place upon the desk of each Senator a copy of the Journal of the House and Senate of the last Legislature, and a copy of the Revised Statutes.
Mr. CONLEY offered a resolution, which was adopted, authorizing the appointment of a committee to act with a similar committee on the part of the House to wait upon the Governor and learn what time he will be ready to deliver his message.
The PRESIDENT made the committee to consist of Senators Conley, Ray and Slack. A motion was agreed to, that when the Senate adjourn it be till to-morrow morning, 9 o'clock.
Mr. TURNER offered a resolution, which was adopted by unanimous consent, instructing the Doorkeeper to provide seats inside the bar for such Reporters for the various newspapers as desire them for the purpose of reporting.
And then-
On motion, the Senate adjourned.
