IN SENATE.
THURSDAY, February 28, 1861.On motion by Mr. MURRAY. The reading of the Journal of yesterday was dispensed with.
The PRESIDENT laid before the Senate a report from the Librarian of the amount of stationery furnished to Senators in the past page: 302[View Page 302] two weeks; which was referred to the Finance Committee, without reading.
The PRESIDENT also laid before the Senate a proposition from Eider & Harkness to do the public printing as well as ever it has been done at 30 per cent, less than the prices now paid by law.
Mr. TARKINGTON offered the following:
Resolved, by the Senate, (the House concurring) that the office of State Printer be and is hereby abolished, and that the State officers are hereby required to at once contract with Messrs. Elder & Harkness to do all the public printing at the prices, and on the conditions embraced in their proposition this day submitted, until further directed by the Legislature.
On motion by Mr. WAGNER the whole matter was referred to the Committee on Printing.
Petitions in favor of a settlement of our national troubles on a basis similar to the Crittenden propositions were presented: By Mr. LOMAX from 212 citizens of Orange county: By Mr. WOLFE from nearly 900 citizens of Harrison county, " a considerable portion of them Republicans." By Mr. LINE, "among the names are some of the most prominent Republicans in Franklin county:" By Mr. LANDERS from citizens of Hendricks county.
All of which were referred to the Committee on Federal Relations.
REPORTS FROM COMMITTEES
Were made and concurred in as follows: (except in the cases named )
- By Mr. MARCH: Judiciary-returning Senator bill [245] for the relief of Joseph Moore, recommending passage.
- By Mr. JOHNSON: Finance-returning Senator Stone's bill [207], reducing the fees of county treasurers, recommending passage.
Mr. WAGNER objected to concurrence.
Mr. STONE. I hope the report of the committee will be sustained by the Senate. I would like to see uniformity in our State. I should like to see every county treasurer entitled to 2 J per cent, for paying out the revenue. While a great many treasurers have understood that in addition to the fees for collection, they are entitled to a fee of 2 1/2 per cent, for passing over county orders; a great many understand that they are not entitled to it. Our county board supposed the 2 1/2 per cent, to be illegal, and would not pay it over. I believe the office of county treasurer, as a general thing, pays better than any office in the county.
Mr. BEARSS. I am opposed to this bill, and move to concur in the committee report with the following amendment:
Two and one half per cent, for securing and paying out all other moneys than school tax and school fund; but nothing herein contained shall forbid the allowance, now provided by law, for the disbursing of school interest.
Mr. CLAYPOOL. I believe the bill itself is right, and the arguments against it rather weak. There is scarcely a county in the State that pays its treasurer less than $1,000, and by some legerdemain they manage in some cases to get as much as $8,000. If there is an office that is sapping the pockets of the people it is this office of county treasurer.
Mr. TARKINGTON. This is simply an amendment, so as to prevent county commissioners from allowing county treasurers than the law contemplates.
Mr. MARCH believed the report of the committee should be concurred in. Treasurers have been in the habit of taking more pay than they are entitled to; and this bill is intended to make it so plain that they cannot avoid the law.
Mr. WAGNER objected to cutting down the fees of treasurers in small counties.
On motion by Mr. JOHNSON-yeas 23 nays 12-the amendment was laid on the table.
Mr. LANDERS hoped the report of the Committee would be concurred in.
Mr. MURRAY desired to carry out the idea of retrenchment and reform in every case The treasurer is the best paid officer in Elkhart county. He was in favor of concurring in this report, and of passing the bill.
The report was then concurred in.
- By Mr. MELLETT: Finance-returning Senator Bearss' bill 283-see page 272 of these Reports-recommending passage with amendments to sections 94 and 96 of the assessment act.
- By Mr. MARCH: Judiciary-returning Senator Tarkington's bill 219-see page 252-recommending that it lie on the table as a bill embracing the same subject has already been acted upon. Also his bill 228-see page 267-recommending passage.
- By Mr. CRAVEN: Judiciary-the bill [S. 202] regulating the fees of officers-recommending that it lie on the table. Also Senator Line's bill 54, with the amendments proposed by Senators March and Anthony, yesterday afternoon.
Mr. HAMILTON, by leave, introduced a bill [260] releasing to William Rockwell all the right, title, interest and claim of the State of Indiana to a certain parcel of land situate in Allen county.
Mr. BEARSS introduced a bill [260] regulating the licensing of pilots at the falls of the Ohio river, &c.
THE STATE PRISONS.
The PRESIDENT announced the special order for 10 o'clock-being the bill [S. 222] to provide for the government of tthe State Prisons-the question being on Senator Line's motion of yesterday morning to concur with an amendment.
On Mr. HULL's motion, this question was laid on the table, by yeas 23, nays 22.
Mr JONES moved to concur with an amendment, providing that nothing in this act shall be so construed as to remove any one from office until his term of office shall expire.
On Mr. ANTHONY'S motion, this motion was laid on the table, by yeas 26, nays 20.
Mr. HULL made an ineffectual demand for the previous question.
Mr. MARCH. If the northern prison is abolished, three directors are sufficient, and to spare. He thought the northern penitentiary is not absolutely needed, and if it can be appropriated for a house of refuge, or a place to put minor criminals in, he should be in favor of that kind of a proposition. The State needs such an institution, more than any thing else of the kind.
page: 303[View Page 303]Mr. HULL. As the State prison north has been commenced, I have no doubt the Legislature will make appropriations to complete it.
Mr. MILLER thought we could not do with less-than five directors. There must be some-body to take care of the northern prison, even if it be abolished.
Mr. ROBINSON was willing to vote for the present bill, with the understanding that if the northern prison be abolished he should vote again to restrict the number of directors.
Mr. WOLFE opposed the report. The real intention of the bill is to legislate Democrats Out of office who are legally elected, and get Republicans in their places. It is premature to undertake to pass this bill, which relates to the nothern as well as to the southern prison, before the Prison Investigating Committee report ; it is getting the cart before the horse. Why not lay the matter on the table until we are informed of the facts in the case ?
Mr. COBB concurred in the sentiments expressed by the Senator from Harrison (Mr. Wolfe). The northern prison should be done away with, and but three directors should be provided for. Politics should not enter into the government of our benevolent institutions; and unless driven to it by the action of political opponents, he never would make it a test question.
Mr. ANTHONY. The bill proposes a radical and necessary change, and has not for its purpose, simply, the turning of Democrats out of office. If the northern prison is abolished, he would vote to abolish the two directors for that prison. The number of officers and their salaries are reduced by this bill.
Mr. RAY. When gentlemen insist upon taking a vote upon this question now, they are insisting upon an inverse order of proceedings. We ought to wait for the report of the Prison Investigating Committee. The object of this bill is evidently to legislate Democratic officers out of office, and legislate Republicans in. He was of opinion that this measure should be postponed for the present.
[A message from the House announced the passage by that body of the bill S. 5, with amendments.]
Mr. CLAYPOOL was in favor of wiping out the northern prison, and in favor of the general provisions of this bill; also, he moved to concur in the report of the committee by providing that, in the event the northern State prison shall be discontinued, the term of office of the two persons elected for the northern prison shall terminate.
Mr. SLACK could see nothing that would be gained by the passage of this bill. Unless some objection is urged to the present directors, we should not interfere with the organization as it is.
Mr. MURRAY. A simple proposition to economise in administering the affairs of the State prison, should not elicit so much discussion. He was sorry to see partizan feelings affecting gentlemen in this matter. He made an ineffectual demand for the previous question.
Mr. WOLFE moved to postpone the further consideration of the subject till Tuesday, 10 o'clock.
On Mr. CONNER'S motion-yeas 26, nays 20-this motion was laid on the table.
Mr. CONNER demanded the previous question.
The demand was seconded, by yeas 27, nays 19.
Mr. JOHNSON moved to adjourn.
The PRESIDENT declared the motion out of order.
Mr. WOLFE appealed from the decision of the chair.
On motion by Mr. MURRAY-yeas 25, nays 20-the appeal was laid on (he table.
Mr. WILLIAMS demanded a call of the House.
The PRESIDENT decided all motions out of order during the operations of the previous question.
Mr. SLACK appealed from this decision.
After fifteen minutes discussion of points of order-
The amendment was agreed to, by yeas 42, nays 3.
The committee's report was then concurred in, by yeas 26, nays 19.
The PRESIDENT then laid before the Senate the appeal of Mr. Slack.
The question being, shall the decision of the chair stand as the judgment of the House ?
It was so decided: yeas 28, nays 7.
Mr. CONLEY moved to recommit the prison bill with instructions-not read.
The PRESIDENT decided this motion out of order, matters having intervened since the vote on the bill.
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
- By Mr. MILLER: Education-returning the Committee's bill [S. 217] to provide a general system of common schools, &c., with amendments, mostly verbal.
- By Mr. CRAVEN: Returning Senator Wagner's bill 230-see page 267 of these Reports-without recommendation.
- By Mr. SHIELDS : Corporations-returning Senator Hull's bill 41-see page 69-recommending passage, with an amendment striking out from the enacting clause.
- By Mr. BEESON: Roads-returning the bill [S. 192]width of State Roads-recommending passage.
- By Mr. HULL: Roads-returning Senator Murray's bill 105-see page'159-recommending passage.
- Also Senator Turner's bill 167-see page 212-recommending that it lie on the table, the subject matter already being provided for by law.
- By Mr. COBB: Organization of Courts-returning the bill [H. R. 3] Common Pleas Courts in Newton county-recommending passage.
- By Mr. ROBINSON : Roads-returning the bill [H. R. 103-see page 106-recommending passage.
- By Mr. STONE: Roads-returning Senator White's bill 193-see page 237-recommending that it lie on the table, the committee having reported a bill containing similar provisions.
- By Mr. DICKINSON: Organization of Courts-returning the bill [H. R. 86-described on page 99-recommending indefinite postponement.
Mr. WAGNER moved to concur in the com page: 304[View Page 304]mittee's report with an amendment, striking out all that relates to "indefinite postponement," and substituting "passage."
Mr. DICKINSON made an ineffectual motion-yeas 11, nays 33-to lay this motion on the table.
Mr. SLACK (pro forma) moved to amend the motion, so as to provide for an appeal from the supreme and circuit courts to justices courts. [Laughter].
Mr. Wagner's motion was agreed to.
On motion by Mr. CONLEY, the bill was referred (with instructions) to Senators Conley, Williams, and Ray.
Mr. SLACK submitted instructions prohibiting attornies from practising in justices courts , which, on motion by Mr. CARNAHAN-yeas 28, nays 20-were laid on the table.
Other instructions submitted by Messrs. Wolfe, Black, and Brien, which were laid on the table.
- By Mr. RAY: Organization of Courts-instructed to inquire into the expediency of providing by law for the making up of a complete record by administrators and executors, reported it as inexpedient to legislate farther upon that subject.
- By Mr. WHITE: Temperance-returning Senator Shoulders' bill 139-see page 185-recommending that it lie on the table.
- By Mr. DEHART: Organization of Courts-returning his notary public bill 188-see page 233-recommending that it lie on the table.
- By Mr. BEESON: Agriculture-returning the bill H. B. 199-see page 203-recommending that it lie on the table.
Mr. ANTHONY would like to know the reason for this recommendation.
Mr. JOHNSON objected to the bill because it makes soulless corporations out of agricultural societies.
Mr. ANTHONY apprehended that the Committee was entirely mistaken in the objects of the bill. He objected to this summar manner of disposing of a bill which has passed the House and gone to its third reading in the Senate.
Mr. WAGNER. This law is absolutely necessary, and why the Committee reported against it he could not conceive.
Mr. MURRAY voted with the majority of the Committee against the bill. When gentletlemen undertake, by that bill, to turn all agricultural societies into joint stock companies, with capital stock divided out into shares, he objected. If they would confine its provisions to companies got up for the purpose, he would not object.
Mr. WAGNER thought he might be mistaken, for he had not examined the bill minutely. He moved to refer the bill to a Select Committee of Three.
Mr. ANTHONY submitted instructions that would authorize Agricultural Societies to borrow any sum of money not exceeding $10,000, to pay off its indebtedness, and to issue bonds and mortgage their real estate to secure the re-payment of said loan.
The motion to recommit was agreed to. The Committee was made to consist of Senator Wagner, Anthony and Johnson.
- By Mr. TURNER: Swamp Lands-reported ''They have found that great frauds have been perpetrated upon the swamp land fund," &c., recommending that a joint Committee be raised by the Legislature, or a Commissioner be appointed by the Governor to investigate this matter.
Mr. SLACK hoped the report would not be concurred in. He never knew any good done by investigating Committees which sit during the recess of the Legislature.
Mr. BEARSS hoped the report would be concurred in. He favored the appointment of a joint committee.
Mr. WOLFE, without committing himself for or against the report, moved to concur with an amendment, striking out all in relation to the appointment of a joint committee and inserting a provision conferring the power alone upon the Attorney General.
Mr. TURNER thought the proper way would be for the Government to appoint a commission to investigate. In one transaction happening in his county, 15 or 16,000 acres of land was obtained without the value of one cent being paid. They were paid for in fraudulent certificates, when there was not a solitary foot of work done. These frauds were carried on to a greater extent in Jasper county.
Mr. WILLIAMS thought all that was necessary for this Legislature to do would be to direct the Attorney General to institute suit upon the basis of an investigation held two years ago.
Mr. MILLER was not surprised to find opposition from the quarter from which it has emanated; he expected opposition to the recommendation of the report. The school fund has been swindled out of more than $1,000,000 by these swamp land transactions, and, as a representative on this floor, he demanded full, complete, and entire investigation. Nothing short of a committee can perform this duty. He hoped the amendment would be voted down, and a committee appointed.
Mr. WOLFE. This investigation, conducted as proposed, would cost ten times more than the whole amount of the value of these lands; while the plan he proposed would cost comparatively nothing.
Mr. MURRAY did not know when we would get to the end of these swamp land difficulties. He opposed this continual project of getting up investigating committees; for he did not believe that we will realize, in dollars and cents, from the investigation of the Attorney General, sufficient to pay his extra charges. The real truth is we have lost that land; the fund arising therefrom has been squandered; and now after we know it is gone, we propose to raise a committee to traverse these swamps at a great expense, in order to find out where the money has gone to. It is but a project to rob the people still further of their hard-earned money.
Mr. TURNER. The report simply suggests that the Legislature "provide some means for page: 305[View Page 305]carrying on this investigation to a limited extent. A legal gentleman has given it as his opinion, that one-quarter or one-half of these lands, fraudulently obtained, can be recovered if legal process be commenced and prosecuted to judgment.
Mr. JOHNSON did not think these investigating committees amounted to anything.
Mr. MILLER again spoke in favor of the committee's report and recommendation.
Mr. COBB, speaking for his Democratic friends, was not afraid of investigation, but on the contrary desired an effective one. He was in favor of the amendment, and opposed to the report of the committee unless so amended. If Senators are in favor of retrenchment and reform, let them begin by cutting off their investigating committees.
Mr. MELLETT was of opinion that the services of the late Attorney General was not worth $100, while his opinions have cost the State thousands and thousands of dollars. The present Attorney General has now to bring suits that the late Democratic Attorney General should have brought. If a suit is to be brought, the Attorney General should have facts before-hand to justify him in his action. How is he to ascertain facts ? He must have the strong power of the law to bring these villians up and make them swear; and he has not got this power. He might have that power; but it is to his interest to perform as little labor as possible; and it would be calling upon him to do more than his duty if he were required to make this investigation alone.
Mr. NEWCOMB was a little tired of these investigating committees. His people are not interested in swamp lands, and he did not want to waste public moneys in pursuing these investigations. Let some gentleman get up a bill giving to the several counties what lands they can recover from the men who have swindled the State out of them, lying within their bounds.
Mr. MARCH. The object of investigation is to expose the scoundrels perpetrating frauds. He was willing to vote for any tangible measure to expose the perpetrators, or to recover back the property. He would favor associating the Attorney General with some practical man living in the locality, in order that they may prosecute to the last end of the law-exposing every villain, high or low, Republican or Democratic.
Mr. SHIELDS thought the amendment was preferable to the committee recommendation.
[A message from the Governor announced his approval of Senator Slack's bill 104.]
Mr. STEELE desired to know who was in fault in these swamp land frauds; and we can do nothing more nor less than to appoint an investigating committee, therefore he hoped the report of the committee would be concurred in.
Mr. WAGNER would like to see this thing investigated to the fullest extent. The people of his district are very much interested in it. It is perfectly absurd to talk about the Attorney General investigating this matter upon a salary of $1,000 a year; it is not his business. He moved to recommit with instructions to appoint a commission of three, of whom the Attorney General shall be one.
[Mr. Shoulders had leave of absence during the remainder of the session-sick.]
Mr. MURRAY made an ineffectual motion yeas 8, nays 30to lay the motion to recommit on the table.
Mr. STONE submitted instructions to amend by adding as follows: "to be appointed by the Governor who are personally acquainted with the localities and facts."
Mr. JONES submitted additional instructions that said committee shall inquire and report the amount of swamp lands stolen by Democrats, the amounts stolen by Republicans, &c.; which were laid on the table.
The motion to recommit was agreed to.
- By Mr. HULL: From a majority of the Committee on Temperance-returning Senator Murray's bill 22-see page 30 of these Reports-recommending that it lie on the table.
- By Mr. DICKINSON: From a minority-returning the bill [22] recommending passage with an amendment striking out from the enacting clause.
By Mr. MURRAY. The minority report reports a substitute for the bill I introduced, but covers about the same ground. The present license law provides that notice of an application to take out license shall be published in a newspaper; and they make the application for a license but never pay for it. This bill provides that they shall first pay in their $50 before the license is granted to them; and where they sell in violation of law the $50 shall be taxed up against the property wherein the liquor is sold.
On motion by Mr. LINE the minority report was laid on the table.
The majority report was then concurred in.
- By Mr. DICKINSON: Temperance-returning petitions from Madison, Marshall and Monroe counties. While fully appreciating the high, charitable and philanthropic motives that impel the action of the petitioners, the committee believe legislative aid at this time would be futile to accomplish the end sought by them, therefore they think that any further legislation would be inexpedient.
- By Mr. JOHNSON: Temperance-returning a resolution of inquiry concerning the penalty for the violation of sections 8 and 9 of the liquor law, with a report that no further legislation is necessary, recommending that it lie on the table.
- By Mr. WOLFE: Printing-a minority report (the majority report was made last Tuesday) on the resolution of inquiry into the expediency of abolishing the office of State Printer, and letting the public printing to the lowest bidder, favorable thereto and recommending the passage of Senator March's bill 4.
After discussion by Senators Mellett, March, Wagner, Wolfe, Studabaker, Tarkington, Newcomb and Ray-
On motion by Mr. NEWCOMB-yeas 25, nays 10-the minority report was rejected.
And then (at 6 1/2 o'clock) on motion, the Senate took a recess till 7 1/2 o'clock.
page: 306[View Page 306]NIGHT SESSION.
The PRESIDENT laid before the Senate a communication from the Auditor of State, in answer to a Senate resolution relating to the number of warrants issued and drawn upon the Colonization fund; which was referred to the Committee on Finance.
Mr. MARCH introduced a bill [262] to amend sections 11 and 24 of an act regulating the election and duties of State Librarian, approved May 27, 1852; which was read and passed to the second reading.
The bills H. R. 30, 84, 100, 106, 140, 238, 64, 116, 243, 263, 325 and 328 were read and passed to the second reading.
WORK FOR COMMITTEES.
The following bills were read the second time, and referred to the appropriate committees:
- Finance-H. R. 13, 161, 283, Committee on Printing's S. 248, and Senator March's 251.
- Judiciary-H. R. 52, 69, 42, 46, 81, Senators White's 243, Newcomb's 250, Wolfe's 254, Jones' 256, and Wolfe's 258.
- Banks-H. R. 62, and Senator Cobb's 257.
- County and Township Business-H. R. 76, and 173.
- Elections-Senator Johnson's 216.
- Roads and Highways-Senator Hull's 246.
- Organization of Courts-Senator Ray's 247.H. R. 324, Senator Ferguson's 244, Bearss' 249, and Cobb's 255, were ordered engrossed.
- Senator Conner's 252 was referred to a select committee of three, viz., Senators Conner, Line, and Beeson.
- Senator Conley's 253 was referred to a select committee of three, viz,: Senators Williams, March, and Ray.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading :
By Mr. BLAIR: [263] to provide for the erection of a house of refuge for the reformation of juvenile offenders, and to repeal sections 3, 4, and 6 of an act to provide a site, system of government, and plans for the erection of a State House of Refuge for the correction and reformation of juvenile offenders, &c., approved March 3d, 1855.
By Mr. JOHNSON: [264] changing the time of holding the common pleas courts in Putnam county.
By Mr. MARCH: [265] to provide for the execution of conveyances by county auditors for school lands, where the certificate has not been properly assigned.
By Mr. CONLEY: [266] to fix the time of holding the circuit courts in Owen county.
By Mr. ODELL: [267] to authorize the board of commissioners of the several counties to make an allowance to sheriffs or other officers who may pursue and capture criminals or felons.
By Mr. NEWCOMB: [268] to provide for entering satisfaction of mortgages in the several counties of this State, executed by the State Bank of Indiana in said counties, when they have been satisfied.
Mr. MURRAY, from a Select Committee thereon, returned his sheep and dog bill 134, recommending passage, with amendment. The report was concurred in, and on his motion-the dog and sheep bills 133 and 134 were made the special order for two o'clock to-morrow.
Mr. MARCH offered the following :
Resolved, That the Attorney General be requested to report to the Senate as soon as practicable, whether in his opinion there is any defect in the act relative to salaries if public officers, approved March 5, 1859, by which such officers can legally avoid accounting to the Auditor of State, and paying iuto the State Treasury, all fees, emoluments, perquisites and gratuities received by them as provided in the third section of said act.
Which was adopted by consent.
Mr. NEWCOMB, from the Judiciary Committee, returned his bills 68 and 69-see page 89 of these Reports recommending passage.
The bills and report were referred to the Finance Committee, on Mr. MELLETT'S motion.
Mr. TEEGARDEN, from the Committee on Benevolent Institutions, returned the resolution of inquiry concerning the erection of an. asylum for inebriates, with a report that it is inexpedient to legislate upon the subject in the present condition of the finances of the State. The report was concurred in.
Mr. ROBINSON, from the Committee on Claims, returned the petition of J. D. Stephenson, recommending that it lie on the table.
The report was concurred in.
Mr. WOLFE offered the following:
Resolved, That in view of the anticipated fact that the earnest protestations of the Democracy and other Union loving people, have compelled Mr. Lincoln to take a stand for compromise, as the only means of preserving the Union of the present adhering States, it is the duty of the Republican members of this Senate to reconsider and take back all their long coercion and anti-compromise speeches; and especially that portion of them in which they denounced the friends of compromise as traitors to the country seeing that such denunciations will likely include the Lincoln-Seward administration.
Which was referred to the Committee on Federal relations, under the rule.
And then (at 9 1/2 o'clock) the Senate adjourned.
