IN SENATE.
SATURDAY, February 23, 1861.On motion by Mr. LINE the reading of yesterday's journal was dispensed with.
PETITIONS. MEMORIALS, ETC.
Petitions of citizens of Indiana, without respect to party, asking the General Assembly to instruct the Commissioners appointed by the Governor to the Washington convention to co-operate with the friends of compromise on the basis of the Crittenden propositions, or some other basis equally fair and honorable ; and that our Senators in Congress be instructed, and our Representatives requested, to support some compromise on that or a like basis, were presented-
- By Mr. TARKINGTON, from a meeting lately held in Brown county.
- By Mr. ODELL, signed by 132 citizens of Democrat township, Carroll county.
- By Mr. JOHNSON, signed by 7,500 citizens of Indiana, residents of portions of twenty counties.
- By Mr. WOLFE, from Clark county.
- By Mr. STUDABAKER, from Jay county.
- By Mr. CLAYPOOL, from Union county.
- By Mr. O'BRIEN, from Dearborn county.
- By Mr. RAY: The proceedings of the Union State Contention held in this city yesterday, without respect to party, and I ask that the two resolutions which relate to the expression of the opinion of the Convention without regard to the duty of the General Assembly of Indiana be read.
- By Mr. WAGNER: I hold in my hand, and present to this Senate with pride, the patriotic resolutions adopted at the Convention, (by nearly a unanimous vote,) of the soldiers of 1812, and of the Mexican war, held yesterday in the Hall of the House. I ask that they be read.
The above petitions and memorials were severally referred to the Committee on Federal Relations.
By Mr. BEARSS: For the repeal of the laws requiring a license for pay concerts, which was referred to a Select Committee, viz: Senators Bearss, Claypool and Line.
By Mr. CRAVEN: For the repeal of liquor law, and for an amendment so the Constitution so as to prohibit the manufacture and sale of intoxicating liquors; which was referred to the Temperance Committee.
By Mr. TARKINGTON: For a liquor law prohibiting sale in less quantities than a quart. Referred to the Temperance Committee.
EXECUTORS AND ADMINISTRATORS.
Mr. LINE, by consent, offered the following:
Resolved, That the Committe on the Organization of Courts inquire into the expediency of making up a complete record in case of final settlment of executors or administrators; and also into the expediency of authorizing county clerks to settle with executors and administrators during vacations, and that they report by bill or otherwise.
Which resolution was adopted.
STATE TREASURY-VAULTS AND SAFES.
Mr. MILLER offered the following :
Resolved, That a Committee of Three be appointed to examine the safes and vaults of the State Treasury Department, and to report to the Senate at as early a day as practicable, the number and size of all safes and vaults in the office of Treasurer of State, giving a full description thereof, and whether or not such safes and vaults are sufficient for the safe keeping of the treasure, bonds and papers required to be kept in said office.
The resolution was adopted, and the Committee was subsequently made to consist of Senators Miller, Wagner and Hamilton.
REPORTS FROM COMMITTEES.
By Mr. STUDBAKER: Judiciary-returning Senator Jones' resolution of inquiry whether persons who have advanced money for the support of their friends in the Insane Asylum for the year 1857, can legally demand that the same be refunded-with an adverse report thereon.
By Mr. JONES: Claims-returning the claim of A. M. Puitt for services as a witness before the swamp land investigating committee of 1859, and recommending the allowance of $27 : referred to the Committee on Finance. Also: the claim of a late treasurer of Warren county for the loss of $210 92, by depreciation of State stock money which he had taken for taxes-with an adverse report thereon.
By Mr. JOHNSON: Claims-returning the claim of Chas. High and others for money expended in arresting two persons charged with grand larceny ; reporting that it should not be allowed out of the State treasury-lie on the table.
By Mr. Odell: County and Township Business-returning a resolution of inquiry concerning the abolishment of the office of township treasurer, and creating the office of county assessor-inexpedient.
By Mr. LINE : Select Committee-returning a petition relating to an onerous assessment of a turnpike company in Franklin and Dearborn counties: reporting that while the ground is true, no action is necessary, from the fact that adequate relief is provided by the revised statutes of 1852.
By Mr. MARCH: Select Committee-returning his joint resolution [S. 6]-see page 158 of these Reports-recommending concurrence in the House (immaterial) amendments thereto.
Which reports were severally concurred in.
A MONUMENT TO GOV. JENNINGS.
Mr. FERGUSON, from a Select Committee thereon, in compliance with a petition from citizens of Clark county, reported a bill [S. 233] providing for the erection of a monument over the remains of Hon. Jonathan Jennings, (the first Governor of Indiana) and making an appropriation ($500) therefor.
Mr. NEWCOMB submitted a minority report, dissenting; which did not regard the page: 271[View Page 271] erection of monuments to deceased men, how-ever worthy, as a legitimate expenditure of funds raised by taxation, &c.
The majority report was sustained by Senators Slack. Hamilton, Ray and March.
Mr. FERGUSON. I had no agency in getting up the petition that was referred to the committee. It was, however sent to me with a request that I should earnestly call the attention of the Legislature to the subject. I admit that it would not be right to make a lavish expenditure of the people's money in building monuments for the great men of the State. But we should not decline to do a meritorious act for fear of setting a bad precedent. We should act in all cases without regard to precedent, and let the merits of each case speak for themselves. Besides, this appropriation, if made, cannot be adopted as a precedent. There is no similar case in the State. Most of the great men of the State of Indiana, whose remains lie buried within her soil, left children and kindred to care for their graves. Jonathan Jennings left none. Without a child to visit his grave, and without a fortune to entomb him in a manner that his greatness deserved, it is not. surprising that there is great danger, that in a few years it will be difficult to find the precise location of the sacred spot.
But it has been said that the people of Clark county are the proper persons to erect the monument. To this I have only to say that the services of Gov. Jennings were given to the State, and not to any particular county. For years his was the only voice she had on the floor of Congress, and lie it was that presided over the convention that gave to her her excellent constitution. In all the early history of the State his name stands prominent over all others.
The appropriation asked for is a very small one, about as much as it takes to pay two Senators, or two clerks, or two doorkeepers, for the present session. The object is not to build a monument to be admired and gazed at, but only to preserve the burial place from oblivion.
On motion by Mr. LINE, the minority report was laid on the table.
Senators Line and Steele were for concurrence in the majority report-Senators Beeson and Hull opposed.
Mr. WAGNER moved to amend by appropriating $5,000 for the improvement, of the Tippecanoe Battle Ground.
Mr. CLAYPOOL opposed the report and the proposed amendment.
Mr. MILLER moved to amend the amendment by reducing the amount one-half.
Mr. MELLETT objected to both the report and the amendments.
Mr. TARKINGTON was opposed to the amendment, but favored the report.
Mr. WOLFE favored the amendment as a separate proposition, but not as an amendment to this.
Mr. DEHART. Mr. President-I do not arise to consume the time of the Senate in discussing the resolution. The character of that resolution forbids. I only desire to say that my vote shall always be recorded in favor of ample appropriations to rear monuments over the remains of every distinguished pioneer of our noble State; and more cheerfully do I vote for one to mark the resting-place of the first Governor of Indiana, Jonathan Jennings. Those who knew him best, bear testimony that he was "a noble old Roman." I deem it our noblest privilege and best economy to perpetuate the memory and virtues of those who have gone down in the front ranks of civilization. It is true that the scarred oaks upon the classic field of Tippecanoe stands sentinel over the brave dead who fell upon that bloody ground, but that is no reason why we, who enjoy the fruits of their toil and blood, should refuse to rear monuments of a more durable character above their warworn remains. Kentucky has gratefully gathered home to her soil many of her noble sons who fell upon our battle-fields, and raised the sculptured marble above them. Some of that brave band are mouldering away into their native element within the borders of our State. I hope this Senate will be unanimous for an adequate appropriation for monuments for all the noble dead-whether soldiers or statesmen.
Mr. FERGUSON. I regret that the Senator from Warren has offered his amendment at this time. Had I anticipated anything of the kind, I would not have presented the report until the Senate was full. I will do a.s much as any one to perpetuate the glorious deeds of the heroes of Tippecanoe. But I do not think the two subjects should be connected together in the same bill. The State already owns the battle field, and has provided for its inclosure. No better monument is wanted than the field itsalf. When we have pointed out the place and said to strangers and visitors : " This is the Tippeccanoe Battle Ground" we have said enough. The pages of history will tell what heroes perished. I do hope the Senator from Warren will withdraw his amendment.
Mr. STUDABAKER favored the original report, and desired, in passing upon matters of this kind, that each individual case should stand upon its own merits.
Mr. WHITE was for the report, but against the amendment.
Mr. WAGNER urged the adoption of his amendment.
Mr. BLAIR should vote against the whole proposition.
Mr. MELLETT moved that members and officers of the Legislature contribute three dollars each-pro forma.
On motion by Mr. WAGNER, the whole subject was laid over till Monday, 2 o'clock, because of the slim attendance of Senators.
page: 272[View Page 272]PAY OF COMMISSIONERS.
Mr. CONNER offered the following:
Resolved, That the Committee on Finance inquire into the expediency of providing for remitting a proper and suitable amount of funds to our Commissioners at Washington City, appointed by the Governor of the State of Indiana, in pursuance of a resolution of the General Assembly of said State, to meet the Commissioners appointed on the part of other States to hold what is known as a Peace Conference, to defray the personal expenses of said Commissioners, and their proper portion of the necessary expenses of said Conference, and that said committee report by bill or otherwise.
Mr. SLACK offered an amendment, instructing said Commissioners to vote for the Crittenden amendment to the Constitution.
The PRESIDENT [Mr.Wagner in the chair.]The amendment is out of order. It is not germain to the subject.
After discussion by Senators Ferguson, Black, Wolfe, and Line-
On motion by Mr. WAGNER (in consequence of the absence of Senators), the subject was postponed till Monday.
[A message from the House announced the passage by that body of a bill [H. R. 283] to provide for the payment of interest on the State debt, due Januery 1, 1861.]
[On motion by Mr. LINE, amended by Mr. TARKINGTON, the Senate agreed to go into Committee of the Whole, this afternoon at 2 o'clock, on the School bill [S. 217], introduced last Wednesday.]
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading :
By Mr. BEARSS: [233] To amend section 143 of an act to provide for the valuation and assessment of real and personal property, &c., approved June 21, 1852; so as to fix and regulate the compensation for publication of delinquent tax lists in the several counties of the State.
By Mr. WHITE: [234] To amend section 1 of an act to provide for the appointment of notaries public; approved June 1), 1852. [May be appointed on recommendation of a probate judge.]
By Mr. DEHART: [235] To prohibit clerks of the circuit and common pleas courts or their deputies and assistants from practicing law in certain cases.
By Mr. ANTHONY: [236]To amend an act entitled "an act to amend the title and first section of an act entitled an act authorizing railroad, plank road and macadamized road companies to borrow money, and to secure the repayment thereof by mortgage; approved February 5, 1852," approved February 14, 1859.
By Mr. MILLER: [237] To authorize the process of garnishment against clerks of circuit and common pleas courts, sheriffs, justices of the peace, constables, and all other officers collecting money, by virtue of their office, and executors, administrators, guardians and trustees, and providing for the indemnification of such officers and persons.
By Mr. O'BRIEN: [238] To amend of an act for the repeal of all ge for the incorporation of cities, March 9, 1859.
By Mr. STUDABAKER: [239] To amend sec. 12 of an act authorizing the construction of levees and drains, approved June 12, 1852; to legalize appraisements made where the appraisers were sworn before justices of the peace.
By Mr. TARKINGTON: [240] Regulating the rates of exchange in certain cases herein named, and declaring it usury to take charge exchange contrary to the provisions thereof, by any bank, individual or corporation.
By Mr. MILLER: [241] To amend section, 1, 2 and 3 of an act entitled " an act to provide for the re-location of county seats, and for the erection of public buildings in case of such re-location, approved March 2,1855,'' and to provide for the disposition of grounds and buildings heretofore used as county buildings and to provide for appeals from the decision's of boards of county commissioners in relation thereto, and to repeal all laws in conflict there-with.
[On motion by Mr. TARKINGTON his bill [100] to create the 14th Judicial Circuit, was taken up and referred to a select committee viz.: Senators Tarkington, Cobb and Landers]
[On motion by Mr. FERGUSON, his survey, ors' bill [39] was taken from the table and placed on the files.]
The Select Committee's bill [S. 210], in aid of the Indiana Historical Society, was read the second time.
Mr. LINE moved to amend by filling the blank with the words "$500."
Mr. CARNAHAN objected. He thought the appropriation unnecessary.
Mr. NEWCOMB hoped the amendment would be adopted and the bill passed. It is a meritorious proposition.
The bill and amendment was referred to a select committee of five.
And then came the recess till 2 o'cock.
AFTERNOON SESSION.
On motion by Mr. WILLIAMS, Mr. Wagner was appointed President pro tempore during the absence of Mr. Cravens.
Pursuant to order, adopted before noon, the Senate resolved itself into a committee of the whole-Mr. WILLIAMS in the Chair-and took up the consideration of the Common School bill [S. 217.]
This bill-described on page 249 of these Reports-was read through.
The first section was then read.
Mr. CLAYPOOL moved to amend by adding; "Provided further, that the funds shall be retained for distribution in the county where the same are raised or collected."
Mr. STUDABAKER protested against further proceedings in committee, because so few page: 273[View Page 273]Senators were present. He made an ineffectual motion that the committee rise and ask to be excused from the further consideration of the subject.
The amendment was rejected.
The first section was then adopted.
Mr. BLAIR declared these proceedings to be a farce. He moved that the committee rise and ask to be discharged from the consideration of this bill.
Mr. WOLFE. Seeing that the committee is not what it purports to be, a committee of the whole Senate, and is not a committee even of half the Senate, I am in favor of the motion.
The motion was lost.
The second section being read-
Mr. JOHNSON made an ineffectual motion to strike out all that relates to swamp lands.
The second section was adopted.
The third section being read-
Mr. TARKINGTON moved to amend by adding: "Provided the Superintendent of public Instruction shall at any time when he discovers from the report that there is a deficit in the amount collected, for the want of prompt collection, direct the attention of the Board of County Commissioners and the County Auditor to that fact."
This amendment was agreed to.
On motion by Mr. JONES, the words "or may have been," were inserted in the second line, after the word "is."
The third section was then adopted.
The fourth section being read-
Mr. WAGNER made an ineffectual motion to add the words: "Who together with the school house director shall compose a board for school purposes."
On motion by Mr. TARKINGTON, the words: "and perform the duties of," were inserted after the word "trustee."
The fourth section was then adopted.
The fifth section being read-
Mr. CLAYPOOL made an ineffectual motion to add the words: "and all white persons, male or female, who have the care of children entitled to the benefits of this act," after the first three words of the section.
The fifth section was then adopted.
The sixth section being read-
On motion by Mr. MILLER, the following words were added: "And the auditor shall report to the superintendent of public instruction the name and postoffice address of each trustee."
The sixth section was then adopted.
The seventh section being read-
On motion, the seventh and eighth sections were passed over informally.
The ninth section being read-
On motion by Mr. WAGNER, all that relates to the employment of teachers and the purchase of fuel, was stricken out.
The ninth section was then adopted.
On motion by Mr. STUDABAKER, the Committee rose, reported progress, and asked to be discharged from the further consideration of the subject.
On the further motion of Mr. STUDABAKER, the bill and report of the Committee were made the special order for Tuesday, at 10 o'clock.
WORK FOR COMMITTEES.
The following described bills were read and referred to appropriate Committees, viz:
Judiciary-H R. 8, Messrs. March's 211, 223, 226, 228, O'Brien's 213, Tarkington's 219, Blair's 229, and Claypool's 232.
Organization of Courts-Messrs. Claypool's 212, and Cravens' 221.
State Prison-Messrs. Beeson's 215 and Anthony's 222.
Finance-Mr. Wagner's 224.
Education-Mr. Tarkington's 225, 227.
Corporations-Messrs. Wagner's 230 and Newcomb's 231.
Messrs. Bearss' 214, Wagners 218 and Turner's, 220, were ordered engrossed.
Mr. MARCH introduced a bill [241] To amend sections 4 and 5 of an act. concerning interest on money, approved May 27, 1857.
And then the Senate (at 5:30) adjourned.
