IN SENATE.
MONDAY, March 4, 1861.On motion by Mr. MURRAY the reading of Saturday's journal was dispensed with.
Mr. WILSON presented a petition from 716 citizens of Sullivan county in favor of the adjustment of our national difficulties upon the basis of the Crittenden proposition, or some equally fair and honorable basis; which was referred to the Committee on Federal Relations under the rule.
REPORTS FROM THE JUDICIARY COMMITTEE
Were made and concurred in as follows (except in one case named):
- By Mr. CLAYPOOL: returning Senator Miller's bill 103 -see page 159 of these Reports-recommending indefinite postponement.
- Also Senator White's bill 243-see page 279-recommending that it lie on the table for the reason that a bill has already passed the Senate embracing the same subject matter.
- By Mr. MARCH: returning the petition asking for an increase of property exempt from execution, recommending that it lie on the table, as there is a Senate bill on the third reading embracing the same subject. Also the bill S. 265, recommending passage.
- By Mr. MELLETT: returning Senator Dickinson's bill 168-see page 212-recommending that it lie on the table.
- [Mr. DICKINSON made an ineffectual motion to amend this report of the committee by recommending that the bill be put upon its passage.]
- By Mr. STUDABAKER: returning Senator O'Brien's bill 213-see page 249 of these Reports-recommending indefinite postponement. Also Senator Ferguson's 174-see page 212-recommending that it lie on the table.
- By Mr. MILLER: returning Senator Newcomb's bill 250, recommending passage. The report was rejected and the bill laid on the table. Also the bill H. R. 30 to amend section 78 of the practice act, recommending passage.
- By Mr. CONNER: returning the bill S. 268, recommending passage. Also the estates of absent person's bill H. R. 44, recommending passage with an amendment striking out "3" and inserting "7."
Mr. NEWCOMB presented a claim of W. R. Nofsinger, for services, while Treasurer of State in the year 1857-8, as treasurer ex-officio of the Institution of the Blind $200 00, and Deaf and Dumb $100 00; which was referred to the Committee on Claims.
NEW PROPOSITIONS.
Mr. JOHNSON introduced a bill [275] to amend an act authorizing a limit of allowance by courts, &c., approved May 27, 1852.
Mr. MURRAY introduced a bill,[276] to district the State of Indiana for the purpose page: 330[View Page 330] of electing members to the Congress of the U. S. of America.
Mr. MARCH offered the following, which was adopted by consent:
Resolved, That the Auditor of State be requested to report to the Senate, at the earliest moment possible, the amount of money expended each year by the board of colonization since its organization, and for what purpose; the number of persons that have been colonized; what amount of funds is now under the control of the Board, and whence derived.
Mr. HULL, from the Committee on Roads, returned Senator Carnahan's bill 122-see page 163 of these Reports-recommending passage with amendment.
Mr. CARNAHAN made an ineffectual motion to lay the bill on the table.
The committee report was concurred in.
On motion by Mr. NEWCOMB, his bill 250, reported from the Judiciary Committee this morning, was taken from the table. He thought the bill a just one, and that it ought to pass. All it asks is, that lawyers shall be placed on the same footing with other men.
Mr. CLAYPOOL. It is due to the citizens of I make it the special order for that hour. the State that this bill should pass.
Mr. MILLER was sorry to see a disposition manifested here as against the legal profession. There is certainly no reason why men in other avocations in life should put there feet upon the necks of attorneys.
Mr. MURRAY. If attorneys could be made responsible for the fees they collect, he would be willing to vote for this bill. Attorneys have the advantage, as the law now is, when they get fees in their possession.
Mr. WILLIAMS moved to concur with an amendment, viz : "The provisions of the above act shall apply only to judgments obtained, and to other business done, for non-residents of the State."
Mr. WAGNER. This bill ought to pass, but with it another proposition. He moved to recommit the bill with instructions to so amend as to give landlords a lien upon the tenants' crop to secure the rent.
Mr. CLAYPOOL would vote for either or both of these propositions-separately or together.
The motion to recommit was agreed to.
WORK FOK COMMITTEES.
The following bills were read the second time, and disposed of as recited.
- Senator Newcomb's 274, to the Committee on Organisation of Courts, and Senator March's 273, to the Judiciary Committee-both introduced Saturday.
- The bills H.R. 72, 82,159, 176,160, 186 were ordered engrossed.
- The bill H. R. 122 was referred to Senators Johnson, Conley, Wilson, Steele and Tarkington.
- H. R. 89 was referred to the Committee on Banks.
- H. R. 91 to the Committee on Corporations.
- H. R. 322 to the Judiciary Committee.
- H. R. 313 to the Committee on Federal Relations.
Mr. MELLETT, from the Committe on Finance returned Senator Shoemaker's bill 259 recommending that it lie on the table.
Mr. HAMILTON: From the Committee on Finance returned Senator Wilson's bill 196-see page 237-recommending passage.
These reports concurred in.
THE BREVIER LEGISLATIVE REPORTS.
Mr. Claypool, from the Committee on Finance , submitted a report, as follows:
Mr. President: The Committee on Finance to whom was referred a resolution of the Senate directing the Door-keeper of the Senate to contract with the Messrs. Drapier for the purchase of 600 copies of the "Brevier Legislative Reports," have considered the same and have directed me to report the same back to the Senate, [the resolution is printed on page 233 of these Reports], and recommend that said doorkeeper be instructed to contract for 600 copies of said reports,for the use of the Senators, at a cost not exceeding one dollar per copy, as specified in said resolution. Your committee take this occasion to say that said reports are not as full as they could desire. Said committee would further recommend that the Senate by law provide for the employment of a Reporter of its proceedings hereafter which shall be under the control and direction of the Senate.
Mr. WAGNER. As a matter of course there is no disposition to pass upon this matter until the Senate shall be fuller. I move to postpone it till this afternoon at 4 o'clock, and make it the special order for that hour.
The motion to postpone was agreed to.
Mr. March, from the Judiciary Committee, returned his appeal bill, 223-see page 267 of these Reports-recommending passage.
The report was concurred in.
Then, at (11 1/2) came the recess till 2 o'clock.
AFTERNOON SESSION.
The bill H. R. 161, which was passed Saturday morning, the vote reconsidered in the afternoon, that an emergency clause might be added, and the bill again placed on the files, was read the third time and finally passed by yeas 42, nays 2.
A message from the Governor announced his approval of the Senate bills, Mr. Cravens' 12, Mr. Line's 24, Mr. Turner's 29, and Mr. Wilson's 44.
The PRESIDENT announced the special order for this hour to be the consideration of the common school bill 217-described on page 249 of these Reports-which was read the third time.
Mr. MURRAY and Mr. WILLIAMS, by unanimous consent, made several immaterial amendments thereto.
On motion by Mr. NEWCOMB, and by unanimous consent, the section which makes the State Superintendent an ex-officio member of the Board of Trustees of the Institutions of the Deaf and Dumb and the Blind, was stricken out.
Mr. JOHNSON made an ineffectual motion-yeas 15, nays 29-to recommit the bill with instructions to strike out all that relates to a tax for township libraries.
Mr. MURRAY moved to recommit the bill with the following instructions:
To strike out the words "if practicable" ["the superintendent shall visit each county in the State at least once a year"]: and the words "his county shall be subject to a diminution of $100 in the next apportionment of said revenue by the superintendent,"on failure of any county page: 331[View Page 331] auditor to make his said semi-annual reports in time for said apportionments"] and the words "failure to make the required reports at the proper time, shall subject the county to a diminution of $50 of its apportionment of the common school revenue which shall be withheld by the superintendent when he makes the apportionment in April;" and the words "failure on the part of the trustees to make the aforesaid report at the time specified shall subject the township to a diminution of $25 of its next apportionment of the common school revenue, which shall be withheld by the auditor when he makes snch apportionment."
On motion by Mr. LINE-yeas 30, nays 16-this motion to recommit was laid on the table.
Mr. COBB moved to recommit the bill, with instructions to strike out all that relates to the duties of school examiners, except that which relates to the signing of certificates by teachers.
Mr. COBB. Our school system has been somewhat defective, and we ought, if possible, to remedy that defect. But while we do that, I submit we ought not to burden the bill with such a heavy expense as would follow, unless this amendment be adopted. This school examiner is authorized to do certain works by which he will be able to spend half his time in superintending the schools of the several counties; and while the benefits arising here from will amount to nothing, the expenses would be enormous, and would cripple the system.
Mr. CRAVEN. I think the bill should be corrected upon that point.
Mr. MILLER. The great defect in the system heretofore has been that there has been no medium of communication between the superintendent of public instruction and the subordinate school officers. * * * The bill provides for but one examiner who will perform all the duties that the three did under the old law, &c.
Mr. COBB withheld his motion for-
Mr. MILLER, who amended the bill, by unanimous consent, so as to limit the compensation of the examiner to $100; and Mr. MURRAY, who amended the bill, by consent, by striking out the words "if practicable," as he first proposed in his series of amendments above recited.
The motion to recommit was rejected.
Mr. ANTHONY made an ineffectual motion to amend the bill so as to provide in all incorporated towns and cities containing not less than. 10,000 inhabitants, there may be appointed an additional number of trustees, &c.
Mr. WOLFE moved to recommit the bill with instructions to amend so as to provide for the election of three trustees, for incorporated towns and cities.
On motion by Mr. CLAYPOOL-yeas 32, nays 11--- this motion was laid on the table.
Mr. CLAYPOOL demanded the previous question, and 27 Senators seconding the demand, the bill was finally passed by yeas 30, nays 16.
THE BREVIER LEGISLATIVE REPORTS.
The PRESIDENT announced the special order for 4 o'clock to be the consideration of a report from the Finance committee-printed in this forenoon's proceedings.
The report was read by the Secretary-
The PRESIDENT. What disposition will the Senate make of the report ?
Mr. MURRAY. I move to strike out all that refers to the employment of a Reporter.
Mr. CLAYPOOL. The report simply makes a suggestion with regard to that-there is nothing of that but a suggestion.
Mr. WAGNER. .This is simply a suggestion of the gentlemen making the report of the propriety of providing by law for a Reporter-there is nothing binding in that.
Mr. MURRAY. I withdraw my motion.
The PRESIDENT. There being no objection the report of the Committee is concurred in.
AID FOR THE SUFFERING IN KANSAS.
Mr. CONLEY, from the Committee on Finance, returned his resolution-see page 233 of these Reports-recommending that it be laid on the table, for the reason that the committee are of opinion, from information recently received, that sufficient aid has already been obtained.
Mr. WAGNER, from a Select Committee, returned the bill [H. R. 199], enabling county agricultural societies to hold real estate and issue capital stock, recommending passage.
INTEREST LAW.
Mr. STEELE from a Select Committee, returned the bill H. R. 84-see page 274 of these Reports-recommending passage.
Mr. MARCH. There were some amendments which went to the committee. I hold them in my hand, and I now move concurrence in the committee's report, with these amendments in their order. (He explained the effects of the amendments.) I should prefer, also, that the proposition of the Senator from Putnam (Mr. Johnson) be annexed to the bill, making it a criminal offence for any person to take more than ten per cent., and if the party take over ten per cent, it should be recovered back. I believe these amendments are absolutely necessary to carry out in good faith the object of the bill.
The Secretary read the first amendment:
Strike out all of the 5th section after the word "if," and insert "a greater rate of interest than $6 a year for $100 shall have been paid thereon, whether in advance or not, judgment shall be rendered only for the amount of the principle, deducting the excess of interest thus paid at the time paid."
Mr. STEELE. I take this bill to be a compromise between six per cent, and ten per cent. All restrictions with regard to the loan of money, don't amount to a "hill of beans," as is the common expression. The discretion is exclusively with the loaner, it is not with the lender. The bill has been matured well, and passed by an overwhelming majority in the House.
Mr. CARNAHAN. I am entirely opposed to this whole matter. Who is calling for a page: 332[View Page 332] change ? I have not seen a man in Indiana, unless he is a money-lender-a shaver. How long did a similar law to this remain on our I statute book ? Not longer than from one session to another. Why this eternal call for "change," "change"? This is a very bad time to make a change of this character. I move to indefinitely postpone the bill and pending amendments.
Mr. CLAYPOOL. This bill, if passed, will act to the injury of banks of deposit, and will redound to the interest of every private citizen who has money to loan. He objected to the amendment.
Mr. TARKINGTON. I am opposed to the general principles of the bill. I believe the true interests of our country demand a low rate of interest, and for that reason I shall vote for the amendment.
Mr. SLACK. Where is the State that has had a high rate of interest that has not returned to a lower rate ? I approbate the motion to postpone indefinitely.
Mr. WOLFE. I am opposed to the indefinite postponement of the bill, and in favor of the passage of the bill, with or without the amendment. I should not vote for any bill that would compel the payment of more than six per cent. Pass this law, and if the barrower feels able to pay more, and is willing, it is nobody's business but his; and should the case get into court the lender will get his six per cent., which would be his just due.
Mr. LANDERS. I am inclined to favor this bill from the fact that I believe it will tend to lower the rate of interest. Pass this law, and it will bring about a competition between the bankers and the farmers to some extent. It is not such a bill as I would draw up exactly, for I would prefer that no rate of interest be allowed above six per cent.
Mr. MURRAY demanded the previous question and there being a second, the motion to indefinitely postpone the amendment was rejected by yeas 21, nays 24.
The motion to indefinitely postpone the bill was also rejected by yeas 13, nays 34.
Mr. CLAYPOOL made an ineffectual motion-yeas 22, nays 34-to lay the amendment on the table.
The amendment was then agreed to.
Mr. WILLIAMS made an ineffectual motion to make this subject the special order for tomorrow morning at 10 o'clock.
Mr. MARCH moved further to amend as follows:
If the contract has been renewed or the security thereon changed once or more, in calculating the amount on the judgment, credit shall be given for the payments made whether in advance or not.
On motion by Mr. CLAYPOOL-yeas 24, nays 21-this amendment was laid on the table.
Mr. MELLETT moved that the bill be considered as engrossed and read the third time now.
An ineffectual motion was made to adjourn.
Mr. Mellett's motion was agreed to, and the bill was read the third time.
Mr. MELLETT demanded the previous question., and there was a second.
Mr. MARCH, (pro forma,) I am willing to vote for a fair bill on this subject, but won't, vote for a bill that holds out one thing and contemplates another.
The bill finally passed-yeas 30, nays 15.
And then the Senate adjourned.
