IN SENATE.
THURSDAY, February 21, 1861.Two hours were spent in reading the Secretary's journal of yesterday, and in efforts to correct it.
Mr. SLACK moved that the journal be so corrected as to show that Mr. Cobb moved a call of the Senate on yesterday, which the Chair decided out of order; and that motion for an appeal from that decision was also decided out of order.
On motion by Mr. NEWCOMB, this motion to correct the journal was laid on the table by yeas 23, nays 22.
[A message from the House announced th passage of House bills 44, 103, 107 and 167, and its concurrence in the Senate joint resolution [7]-see pages 58 and 59 of these Reports-on the condition of National affiars.
Mr. NEWCOMB moved to approve the journal.
Mr. LINE offered the following:
Resolved, That the Assistant Secretary of the Senate be required to make a full and complete record of all motions, resolutions, rulings of the Chair, and all other matters transacted in the Senate while in session.
Which lies on the table one day under the rules.
Mr. WAGNER made an ineffectual demand for the previous question.
Mr. SLACK moved to amend the motion to correct the journal by providing that it shall show that he made a motion on yesterday to adjourn which was ruled out of order by the Chair.
Mr. WILLIAMS moved to refer this matter to a Select Committee.
On motion by Mr. WAGNER-yeas 25, nays 21-the whole subject was laid on the table.
FEDERAL RELATIONS.
The PRESIDENT announced the special order for the hour of 10 o'clock to be the consideration of the minority report of the Committee on Federal Relations, identical with the joint resolution S. 4-see pages 44 and 45 of the Brevier Legislative Reports. On Mr. WILLIAMS' motion, it was made the order for Saturday at that hour.
[Mr. WAGNER presented a petition, which was referred to the Committee on Agriculture without reading.]
REPORTS FROM THE JUDICIARY COMMITTEE
Were made and concurred in, viz:
- By Mr. MILLER: Returning Senator O'Brien's bill 179-see page 226 of these Reports-recommending that it lie on the table.
- By Mr. SLACK: His bill 104-see page 159-passage with amendments.
- By Mr. CLAYPOOL: Senator Newcomb's 170-see page 212-passage.
- By Mr. CONNER: His bill [18*7] repealing the act extending terms of the circuit court-passage with amendments.
- By Mr. SLACK: His bill [178] allowing county clerks to hold courts of conciliation-passage with amendments.
Mr. MARCH. I undertake to say this bill is unconstitutional. It proposes to make clerks mediators between conflicting parties, when it is to their interest to multiply litigation and summonses for witnesses. Would any suit ever be conciliated ? admitting that clerks have the capacity? A bill having the same object was killed here a few days ago, [see pages 193 and 194 of these Reports,] and now the Senator endeavors to do covertly what he could not do open and above board.
page: 257[View Page 257]Mr. SLACK. I have seen innumerable in-stances for compromise before a court of justice utterly fail. A clerk of court is just as competent to act in this capacity as a judge of common pleas. I disclaim all intention of an attempt to destroy this court, but desire to make it convenient, so that at any time it may be reached. In many portions of the state it would take two days for the judge to meet at a given point to hold his court of conciliation and in many cases the ends of justice would be entirely frustrated.
Mr. MARCH again spoke in opposition to the bill.
Mr. RAY held that the Constitution was in no wise infringed by the report of the Committee. This court is a humbug and a fraud upon the community of the State, because it secures the confidence of the people through artful arguments appealing to the passions and not to the intelligence of men. This thing can be kept up a few years longer, but it is destined to go down from its own weakness, for it never did any good.
Mr. HULL moved to concur in the Committee report by adding the words "justices of the peace."
Mr. CLAYPOOL. if satisfied this court subserves the ends of public justice, would be willing to extend its jurisdiction. [He spoke in opposition to the bill.]
Mr. MILLER stood by the Senator from Delaware, [Mr. Marsh] for this bill has been gotten up for the express purpose of destroying these courts. He knew of more than fifty cases which have been settled by this court; but opposed conferring these kind of powers upon clerks of courts, for they were incompetent, as a general thing.
Mr. DEHART submitted an additional amendment, that "the costs shall abide the event of the suits without reference to the action of said courts of conciliation."
On motion by Mr. MURRAY, the whole question was indefinitely postponed by yeas 29, nays 13.[Leave of absence was obtained for Mr. Murray till Tuesday.]
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
Reports were continued from the Judiciary Committee, and concurred in by the Senate, as follows:
- By Mr. WOLFE: returning his bill 102-see page 159 of these Reports-recommending passage with amendments.
- By Mr. CLAYPOOL: his bill [206] concerning decedents' estates-passage.
- By MARCH: his bill [209] to amend the practice act-passage.
- By Mr. NEWCOMB: Senator Mellett's 45-see page 69-passage with amendments.
- By Mr. MILLER: Senator Ferguson's 174-see page 212-indefinite postponement.
Mr. FERGUSON explained the provisions of his bill, and objected to concurrence in the committee's report.
Mr. MILLER sustained the action of the committee.
Mr. ANTHONY thought this rather a summary way of disposing of so important a question.
Mr. MARCH would like to see the bill re-committed.
On motion of Mr. MILLER, the bill was recommitted.
PERFECT RAILROAD TITLES.
Mr. CONNER, from a Select Committee, returned Senator Hamilton's bill 31-see page 45 of these Reports-on the third reading (being identical with the bill H. R. 33;) with amendments.
Mr. C. explained the amendments as follows : The first amendment submitted requires that a majority in interest, stockholders as well as creditors, shall agree upon the sale, or plan of adjustment, before they can be benefitted by this act; and such reorganized companies shall exercise no corporate powers inconsistent with the laws of the State. The bill now requires a decree of court before any road can be sold. We have made a new section (4), which provides that when a road shall be sold at sheriff's sale, under a decree of court, the purchasers shall reinstate the stockholders and creditors of that road in the order in which their debts accrued. We have also reserved the right of the Legislature to alter, amend, or repeal this act, reserving only the rights of others who may have derived benefit therefrom during the time the law was in force.
Mr. MARCH dissented from the qualification put upon the amendment, reserving the legislative right to repeal. If corporations cannot trust the Legislature, how can the Legislature trust corporations?
Mr. CONNER was perfectly willing to strike out the qualifications; he would not leave anything in the bill that would injure any citizen of the State of Indiana.
This was agreed to by consent.
Mr. ANTHONY thought the amendments obviated all his objections to the bill, and he could now vote for it heartily.
The bill was finally passed, by yeas 33, nays 8.
NEGROES AND MULATTOES MAY CONVEY.
On motion by Mr. BEARS, Senator Slack's bill 104-see page 159 of these Reports-on its third reading-was taken up and read, with the committee's amendments thereto.
Mr. HAMILTON favored the passage of the bill.
Mr. SLACK stated that the bill was intended to affect all persons of mixed blood. In many portions of the State large amounts of real estate was held, and is being conveyed by negroes; but his purpose was to reach Indian lands. In the northern portion of the State large tracts of land is held by Indians, who are continually contracting and selling page: 258[View Page 258] their real estate. There is no reason why the bill should not pass.
Mr. DeHART hoped the bill would pass, in order to quiet titles in the Wabash Valley.
The bill was finally passed, by yeas 42, nays 1.
[On motion by Mr. ROBINSON, the vote of this morning postponing the special order-Federal Relation-still Saturday 10 o'clock, was reconsidered, and if, was made the order for Tuesday next at that hour.]
[The Senate assented to the message of the House, asking the return of the bill H. 25 ; and the House amendments to the joint resolution [S. 6-see page 158 of these Reports] were referred to a Select Committee, viz.: Senator March, Line, and Miller.]
NEW COUNTIES-COUNTY BOUNDARIES.
The bill [H. R. 39-described on pages 223 and 224 of these Reports] was taken up (on Mr. HULL'S motion) and passed the first reading.
SUPREME COURT DECISIONS.
Senator Claypool's bill [116] concerning the Supreme Court Reporters, was taken up and read the third time.
Mr. CLAYPOOL explained that the bill provided for,a speedy publication of the decisions of the Supreme Court, &c.
Mr. STADABAKER was opposed to the bill, because it would authorize the Reporter to issue a small sized book. He desired the volumes should be of a uniform size.
Mr. NEWCOMB amended the bill, by consent, so that no volume of decisions shall be published containing; less than 500 pages.
Mr. STUDABAKER had no objections.
The bill was finally passed as amended, by yeas 40, nays 3.
RELIEF OF TRUST FUND BORROWERS.
On motion by Mr. NEWCOMB, his bill [114] prescribing; how mortgages to trust funds may be substituted, &c., was taken up and read the third time.
Mr. N, stated that this bill and the bill 115 was prepared by the President, of the Sinking Fund Commissioners. He explained its provisions.
Mr. STUDABAKER objected to interference with the loans to the several counties. He moved to re-commit the bill to the Finance Committee with instructions to strike out all that'relates to the loans of the fund in the various counties.
Mr. WAGNER would like to see it recommitted.
On motion by Mr. NEWCOMB, his bill 115 took the same reference, with instructions submitted by Mr. MARCH to add "all interest accrueing thereon shall be accounted for by said commissioners."
COMMON PLEAS COURTS.
Senator Slack's bill [,175] regulating the business of the common pleas courts, coming up was read the third time.
Mr. S. advocated the passage of his bill. The object of the bill is to put the business back to where it was previously to the act of 1859.
The bill was finally passed by yeas 26, nays 17.
Senator Slack's bill [171] repealing the act providing for the returns of common pleas juries on the third day of the term, was read the third time; and failed for want of a constitutional majority-yeas 24, nays 15.
MICHAEL O'BRIEN'S HEIRS.
Senator Hamilton's bill [107] for the relief of O'Brien's heirs, was read the third time and finally passed by yeas 39, nays 0.
Senator Claypool's bill [52] prescribing what new trials may be granted on payment of costs, &c., was read the third time.
Mr. CLAYPOOL. The only amendment is the adding of the statute of 1849 which re-quires the granting of new trials upon payment of costs at the discretion of the court. Simply re-enacting the statute of 1843.
The bill was finally passed by yeas 36 nays 2.
ADVERTISEMENT OF LAND SALES.
Senator DeHart's bill [163 to amend section 467 of the practice act, was read the third time.
Mr. CLAYPOOL. This bill provides that advertisement of sale of land shall be made in a newspaper printed in the county where the land is situate.
The bill was finally passed by yeas 38 nays 2.
THE SINKING FUND COMMISSIONERS.
Senator Wolfe's bill [37] reducing the salary of their President, from $3,000 to $1,500 was read the third time.
Mr. WAGNER opposed the passage of the bill. The gentleman has the management of $3,000,000, and should receive a good salary; It is a much more difficult office, than any other in the State. He moved to indefinitely postpone the bill.
Mr. NEWCOMB was surprised at the introduction of this bill: and thought the salary is nothing more than what it should be.
Mr. STEELE thought this a bad move, and should vote against the bill cheerfully.[These three Senators seemed to vie with each other in their praise of the present incumbent.]
Mr. SLACK approbated the passage of this bill. It is right this salary should be reduced.
Mr. HAMILTON was against reducing the salary.
Mr. WOLFE desired to see public officers salaried upon the principle of equity, &c.
Mr. ROBINSON was opposed to, some of the large salaries of public officers in this State.
Mr. RAY. This office is one of fourfold duties; one of these requiring, the highest legal attainments. He gives bond in the penalty of $100,000, and is entitled to the compensation he receives.
