IN SENATE.
WEDNESDAY, March 6,1861.Mr. MURRAY moved that the reading of the journal be dispensed with.
Mr. SLACK and others objecting The yeas and nays were demanded, and being ordered and taken resulted: yeas 24, nays 12.
So the motion was agreed to.
BREVIER LEGISLATIVE REPORTS.
The PRESIDENT laid before the Senate a communication from the Doorkeeper, as follows:
SENATE CHAMBER, March 5,1861.
To the Hon. John R. Cravens, President of the Senate of Indiana:
SIR:-I have the honor to announce to the Senate that, in accordance with its resolution of yesterday, I have contracted with Messrs. ARIEL and W. H. DRAPIER for 600 copies of the BREVIER LEGISLATIVE REPORTS for the use of the Senate.
Very Respectfully, S. G. THOMPSON, Doorkeeper of the Senate.
PETITIONS, MEMORIALS, ETC.
By Mr. WOLFE: From about 100 citizens of Harrison county, without respect to party, praying for an adjustment of our national troubles upon the basis of the Crittenden amendments, or some other basis equally fair and honorable; which was referred to the Committee on Federal Relations under the rules.
REPORTS FROM COMMITTEES
Were made and concurred in as follows:
- By Mr. CRAVEN: Finance-returning Senator Dickinson's bill 168-see page 212 of these Reports-recommending indefinite postponement.
- By Mr. CLAYPOOL: Judiciary-returning a select committee's bill 250-see page 294 of these Reports-recommending passage with amendments giving lien on crops to owners of the land to secure rent.
Mr. SLACK and Mr. SHIELDS objected to concurrence in the committee report, and Mr. CLAYPOOL sustained the recommendation of the committee.
Mr. MURRAY demanded the previous question, and the demand being seconded-yeas 27, nays 13-the committee report was concurred in by yeas 29, nays 15.
On motion by Mr. CARNAHAN-yeas 28, nays 14-the bill was considered as engrossed and read the third time.
Mr. LANDERS considered the provisions of this bill were both proper and right.
Mr. JOHNSON. The practical operations of this law would oppress the poor man.
Mr. CARNAHAN. The present law has never been of advantage to any class of men but lawyers. The people of his county demand such a bill as this, and he hoped it would pass.
Mr. COBB. Such a law ought not to pass. The rich farmer ought to take his chance with the poor creditor of his tenant. He believed the principle of this bill wrong, and should vote against it.
Mr. BEARSS was in favor of the bill, believing it to be the best thing that could be proposed for both parties-landlord as well as tenant.
Mr. HAMILTON thought this bill just. He demanded the previous question, and the demand was seconded by yeas 32, nays 12.
The bill finally passed by yeas 31, nays 12.
On motion by Mr. WAGNER, the bill [H. R. 325] to raise a revenue for State purposes for the years 1861-2, was read the third time, and finally passed by yeas 39, nays 2.
By Mr. CLAYPOOL: Finance-returning a copy of his bill 121-see pages 163 and 294 of these Reports[the original was lost, but this copy was substituted, by consent], recommending passage with amendments.
On motion by Mr. TARKINGTON, the committee's report was concurred in, the bill considered as engrossed, and put upon its passage.
The bill finally passed-yeas 27, nays 15.
By Mr. SHIELDS: Corporations-returning Senator Wolfe's bill 34-see page 46 of these Reports-recommending that it be laid on the table.
Mr. WOLFE. In the limited time of five minutes allotted to discussion, I shall be unable to give my views as fully as I should desire on this subject; and shall therefore only attempt a brief statement of the reasons why I am opposed to concurring in the report to lay this bill on the table. The bill was introduced by myself, and I am satisfied it ought to become the law. It proposes, in the first place, to so change the law that a license shall not be required for the sale of any other than ardent spirits. This, I think, would, be promotive of temperance, by leaving the comparatively harmless beverages, like wine and beer, to free and unrestricted sale, and thereby discourage the use of ardent spirits. If the use of these less hurtful beverages were left free, it would in a few years almost supplant the traffic in ardent spirits. The history of all nations shows that where wines and beer are the prevailing social beverages, drunkenness is much less frequent. I believe it would have the same effect here.
But again : the bill further proposes to lower the price of licenses to twenty dollars. The object of this is to induce all who sell ardent spirits to do so under the restrictions and regulations of the license law, thereby doing away with the "doggery system." My experience satisfies me that much less evil results from the sale by licensed sellers, than by those not licensed; for the reason, that the former are required to execute bond, and are otherwise under restraints not imposed on unlicensed sellers. I submit, if these restrictions are beneficial for those who sell by the gill, it is equally beneficial for those who sell by the quart or larger quantities. For these reasons I am opposed to concurring in the report of the committee to lay the bill on the table.
page: 345[View Page 345]Mr. SHIELDS. It was thought by the committee that the bill would entirely destroy the license law. If this bill was passed, the license law would not be worth four bits.
The report was concurred in, by yeas 28, nays 13, as follows:
YEAS---Messrs. Bearss, Beeson, Berry, Blair, Campbell, Carnahan, Claypool, Conner, Cravens of Jefferson, Culver, Dickinson, Ferguson, Grubb, Hamilton, Jones, March, Mellett, Murray, Newcomb, Odell, Ray, Shields, Stone, Tarkington, Teegarden, Turner, White and Williams-28.
NAYS---Messrs. Anthony, Cobb, Conley, Hull, Johnson, Landers, Line, O'Brien, Slack, Steele, Studabaker, Wilson, and Wolf-13.
By Mr. CONNER: Organization of Courts-returning the bill [H. R. 243] fixing the time of holding courts in the first Judicial Circuit-recommending passage with an amendment, striking out "3," and inserting "4."
On motion by Mr. CONNER, the bill was read the third time and finally passed, by yeas 39, nays 0.
By Mr. CULVER: County and Township Business-returning the bill H. R. 173-see page 183 of these Reports- recommending passage.
Mr. RAY moved to recommit the bill, with instructions to amend, as desired by certain parties in Newton county.
Mr. CULVER. We had the same propositions before the committee.
Mr. MARCH moved to amend by inserting the words "or counties," after the second word "county" in the first section.
On motion by Mr. CULVER, this amendment was laid on the table.
Mr. WAGNER opposed the motion to Recommit, and desired these people should have redress for their grievances.
Mr. CLAYPOOL was in favor of the passage of this bill, upon a principle of justice, although his personal interest would suggest opposition to it.
On motion by Mr. TURNER, the motion to recommit was laid on the. table, by yeas 28, nays 11.
On motion by Mr. TURNER, the bill was read the third time, and finally passed by yeas 27, nays 14.
- By Mr. CULVER: County and Township Business-returning Senator March's bill 241-described on page 272 of these Reports-recommending that it lie on the table.
- By Mr. GRUBB: Rights and Privileges-returning the bill H. R. 139-see page 136-recommending passage.
- By Mr. DEHART: Judiciary-returning the bill H. R. 81-see page 72-recommending passage.
- By Mr. MILLER: Select Committe-returning his resolution-see page 270 of these Reports-recommending the appropriation of a sum sufficient to purchase a large fire-proof and burglar proof safe, or the building of a vault for the State Treasurer not exceeding $1.500; and that this report be referred to the Committee on Finance, that they may make provision therefor in the specific appropriation bill.
- By Mr. JOHNSON: Select Committee-returning Senaator Hamilton's bill [260] for the relief of Wm. Rockhill, recommending passage.
- On Mr. JOHNSON'S motion, the bill was read the third time, and finally passed by yeas 38, nays 6.
- By Mr. MELLETT: From a majority of the joint Committee on apportionment-returning Senator Wagner's bill 269; recommending passage, with an amendment, striking "Howard Co." from the 11th district, and inserting in lieu "Madison;" striking "Madison" from the 6th, and inserting "Howard."
- By Mr. STUDABAKER; From a minority of the same Committee - Congressional Apportionment returning, Senator Murray's bill 276, recommending passage.
Mr. MELLETT made an ineffectual demand-yeas 22, nays 21-for the previous question.
Mr. MURRAY. We are not going to be gagged in that kind of style. We want some consideration of this question. I am perfectly willing when I understand a measure to vote either one way or the other, but am opposed to taking snap judgment in this kind of style.
Mr. STUDABAKER. The bill submitted by the minority is a fair bill. The bill of the majority is not. In the southeastern part of the State it makes a district 100 miles in length-almost the entire width of the southern part of the State.
Mr. CONNER moved to concur in the majority report by striking out " Madison county" from the XIth District, and inserting in lieu thereof "Howard county."
Mr. LANDERS. I had hoped the Republicans would give us a bill that would be fair and honorable; and I say to them now they had better do it.
Mr. NEWCOMB. I am opposed to the amendment. Ten years ago the Democrats had the power in the Legislature, and they used it.
Mr. CLAYPOOL. I do not think there is any use of whipping the devil round the stump. We are in the majority, and I am for putting the rowels into the Democratic party pretty strong. I know if they had the majority they would make every district in the State Democratic if they could. I have but one objection to the bill-it gives them three Congressional districts where they should have but two. If the gentlemen want to bolt, I say let them bolt. If this thing is to be held over the Legislature, as it has been from the commencement of this Legislature down, let it come, and come quickly. These gentlemen are demanding that we shall legislate according to the will and behests of the minority here. I won't do it. It is useless to bandy words. We have got to come to the point, when the Democracy had the power-the rope around our necks-they used the power and tightened the ropes; now we have the ropes around their necks. We have done all that is just and fair, and I would as soon see it occur to-day as three days hence. I am willing to take the responsibility.
Mr. MELLETT. If we pass this bill at all, it is necessary that it should pass this House to-day. I apprehend we cannot gain anything by making speeches, and I hope the Senate will consent to a direct vote upon the question.
And then the Senate took a recess till two o'clock-affirmative 22, negative 21.
AFTERNOON SESSION.
Mr. MURRAY spoke against the majority report.
Mr. CONNER withdrew his motion.
page: 346[View Page 346]Mr. RAY spoke against the majority report.
Mr. CONLEY offered a substitute.
Mr. WAGNER spoke in favor of the majority report.
On motion of Mr. MURRAY the substitute was laid on the table-yeas 26, nays 17.
Mr. MELLETT made an ineffectual demand for the previous question-yeas 23, nays 22.
Mr. WILLIAMS offered a substitute.
On motion of Mr. CLYPOOL it was laid on the table-yeas 34, nays 22.
Mr. COBB spoke against the majority report.
Mr. MARCH spoke in favor thereof.
Mr. WOLFE spoke against the majority report.
Mr. WILLIAMS. It seems to me we might get along with this matter. Let us postpone it till to-morrow morning at 10 o'clock. I am willing to act fair; I am willing to compromise. Let us make another effort. I would like to see this matter settled. If you had the districts placed in a fair shape, I would have no objections. The amendment presented by the Senator from Greene (Mr. Conley) was drawn up by himself and me, and indeed I did not count how many Democratic or Republican districts it would make. Now let us deliberate over this matter, and I think we might come to some settlement. I therefore make a motion to postpone it till to-morrow.
On motion by Mr. MELLETT-yeas 26, nays 13-the motion was laid on the table.
Mr. TARKINGTON. For the purpose of giving more time for consideration, I move to postpone this question till to-morrow at 2 o'clock.
On motion by Mr. BEARSS-yeas 26, nays 18-this motion was laid on the table.
Mr. MURRAY. While I Intend to vote against this bill, I have do disposition to retard its progress. I therefore move the previous question.
The demand was seconded: yeas 26, nays 17.The majority report was then concurred in, by yeas 23, nays 19.
Mr. MELLETT. I move that the bill be considered as engrossed and read the third time now.
Mr. COBB made an ineffectual motion-yeas 15, nays 26-to lay this motion on the table.
Mr. MELLETT demanded the previous question, and the demand was seconded, by yeas 26, nays 12.
The question being on Mr. Mellett's motion to read the bill a third time now-
The yeas and nays were demanded and being ordered and taken, resulted-yeas 25, nays 5.
The PRESIDENT. There is not a quorum voting.
Mr. WAGNER moved a call of the Senate.
The motion was agreed to.
On motion by Mr. BLAIR the absentees were sent for.
After ten or fifteen minutes-
The PRESIDENT said: I am informed by the Doorkeeper that the Democracy has seceded. Upon the call of the Senate, 30 Senators answered to their names.
Mr. CLAYPOOL. I had just as soon the roll should stand just where it is till this session expires by limitation. I can stand as much hell-fire as any of them can. I can stand as long without the passage of the appropriation bills as they can. I do not rely upon the appropriations of this Legislature for a living. If they want to stop the wheels of government, let them do it. The idea that we are to submit to a minority, certainly is not within the rules of parliamentary law. I am willing to forego any further remarks that I might make.
The PRESIDENT. I would ask if the Doorkeeper found the absentees?
The Assistant Doorkeeper. (From the Doorkeeper's chair at the door.) I saw them pretty nearly all in a batch, and the answer was, "Tell them to go to hell."
Mr. WHITE. I move we don't do that.
The motion was agreed to.
Mr. TARKINGTON. I presume it is understood by Republican Senators that Democratic Senators think this is an erroneous bill, and they ask a proper one. I propose to say, upon the part of Democratic Senators absent, that they will be willing to remain in their seats if we can get one that is anywhere near right. If we could get even the old apportionment of 1852, I believe the Democratic party would abide by it.
Mr. WAGNER. (Interrupting.) Allow me to say, in answer, that a compromise, after breaking a quorum of this Senate, cannot be accepted.
Mr. TARKINGTON. I am willing to say that we are ready to meet any regular Committee for the purpose of getting up a bill that will meet the object of the Republican party, giving them their full share. I would like to see the business of the Senate go on, but I believe no vote I could give, or action of mine would better please my constituents, or the Democratic party of Indiana than to kill this bill in any manner. I have no fears of meeting them and accounting to them at any time and at all times.
Mr. MURRAY. I would like to know how the gentleman can justify his party in bolting, when, if they had staid in their places the bill could not have passed ? Twenty-three is the highest vote that has been cast for it.
Mr. CONNER. The Democrats have broken a quorum, have been waited upon by the Doorkeeper and refuse to return to the Senate chamber, I therefore move to adjourn.
The motion was agreed to.
And then the Senate adjourned.
