IN SENATE.
SATURDAY, March. 9, 1861.On motion by Mr. MURRAY, the reading of yesterday's journal was dispensed with.
The House amendment to the bill H. R.177 was concurred in.
On motion by Mr. ROBINSON, the Toll Bridge bill [H. R. 186] was read the third time, and finally passed by yeas 30, nays 4.
On motion by Mr. CARNAHAN, the rules were suspended (yeas 34, nays 0), and the voluntary association bill for building hotels H. R. 15 was read the second and third times, and finally passed by yeas 30, nays 4.The House amendment to Senators Wolfe's bill 57, Claypool's 19, and Slack's 175 were severally concurred in.
Mr. DEHART, from the Committee on Organization of Courts, returned a substitute for Senator Newcomb's Temporary Judge bill 274, recommending passage.
The report was concurred in.
On motion by Mr. NEWCOMB, the bill was considered as engrossed, read the third time, and recommitted with instructions to strike out the allowance of $4 a day to the judge.
The committee subsequently reported, and the bill was finally passed by yeas 36, nays 3.
The Agricultural Society bill H. R. 199 was read the third time, amended without objection by adding a repeal-at-discretion-of-the Legislature clause, and finally passed by yeas 29, nays 9.
Mr. MARCH, from the Judiciary Committee, returned the Misdemeanor bill [H. R. 106] allowing imprisonment at the discretion of the jury, for the action of the Senate. The bill was read the third time, and finally passed by yeas 30, nays 12.
On motion by Mr. TARKINGTON, his State University Scholarships' bill 227 was read the third time, and finally passed by yeas 39, nays 2.
Mr. STONE presented a petition on the subject of sheep-killing dogs, which was referred to the Agricultural Committee.
On motion by Mr. CLAYPOOL, the Bank Tax bill H. R. 317 was read the first and second time by title only, under a dispensation, yeas 42, nays 1, [Mr. Claypool said its object was to tax the stock of non-residents, and make all the stockholders pay pro rata], and passed over for a few minutes, but finally passed by yeas 32, nays 9.
Upon the suggestion of the PRESIDENT, the Senate resumed the consideration of the Specific Appropriation bill H. R. 348, which was pending at the adjournment last night.
Mr. SLACK submitted the following:
The undersigned, members of the Senate, submit the following protest:
The President of the Senate having decided that the reading of the Journal was a question over which a majority of the Senate had the control as well as any other; from which decision of the chair Senator Cobb and Slack appealed, and the decision of the chair was sustained by the Republican votes of the Senate-
In view of the fact that the Constitution of the State of Indiana provides that "Each House shall keep a journal of its proceedings," we cannot conceive how it is possible for the Senate to do so, unless Senators have the privilege of hearing the Journal read, and correcting the errors, if any therein contained; particularly is it necessary at this time, at this session of the Senate, from the fact that when the Journal has been read, it has so frequently been necessary to correct its errors and supply its omissions; and in view of the fact that the Assistant Secretary announced to the Senate, on a former occasion, and which met the approbation of the Republican members, that he "exercised a sound discretion in making up the Journal, as to what should go upon it, and what should not," and the refusal of said Republican members to have the Journal read, and it being entirely out of the question for the Democratic members to read it individually, hence they have no assurance of its verity and correctness, and cannot do otherwise than question and suspect its authenticity.
Rule 1st, adopted by this Senate at the beginning of the session, provides that-
"The President shall take the chair every day precisely at nine o'clock in the forenoon. * * * He shall immediately call the Senators to order, and upon the appearance of two-thirds, shall cause the Journal of the preceding day to be read."
This Rule, we conceive, only carries out the spirit and meaning of the Constitution, and can only be executed by reading the Journal upon the demand of any Senator present.
In view of the fact that the Journal should always be referred to as authority, the Courts look to them to ascertain the validity of a law, and should not be disputed by any member, the undersigned cannot do otherwise than bear testimony to the great uncertainty of the present Journal and its want of authenticity, resulting from the fact that we are not permitted to have it read, and correcting its numerous errors.
The undersigned, therefore, most solemnly protest against the ruling of the President of the Senate, and the vote of the Republican members thereof in sustaining said decision, as a ruling at war with a plain provision of the Constitution of our State, in direct violation of one of the standing rules of the Senate, and wholly destroying the verity of that which should be a true and correct record of our proceedings.
J. N. CONLEY, JAS. R. SLACK, T. R. COBB, S. K. WOLF, FRANKLIN LANDERS, M. M. RAY, JNO. C. SHOEMAKER, SMITH JONES, Q. LOMAX, D. STUDABAKER, ARCH. JOHNSTON, J. D. WILLIAMS, W. C. TARKINGTON, M. T. CARNAHAN, C. O'BRIEN, H. K. WILSON, C. P. FERGUSON, A. B. LINE, JAMES ODELL.
Which was ordered to be spread upon the journals.
Mr. WAGNER, from a majority of the Finance Committee, returned the proposition of Talbott & Costigan, submitted yesterday morning, recommending an appropriation authorizing the payment of the first sum named by them, $13,574 27upon the surrender of their contract.
Mr. HAMILTON, a member of the committee, protested against the action of the majority, stating that the contract was fraudulent, and entered into by a set of designing men, combining with the commissioners on the part of the State.
The further consideration of this question was postponed till after the reading and disposal of the balance of the bill.
Mr. MARCH moved to amend by reducing the per diem of the pages from $3 to $2.
On motion of Mr. STEELE, this amendment was laid on the table: yeas 30, nays 11.
Other items were submitted and rejected, page: 366[View Page 366] while a few were adopted to the Senate part of the bill, as it was considered Seriatem.
Mr. COBB offered an amendment, allowing $300 to Abraham H. Miller for bringing to justice a fugitive.
Mr. CLAYPOOL had offered a just claim, but all of this class had been rejected, and he should not press his now, but vote against all.
Mr. WAGNER said that claims of this class to the amount of $21,000 were presented to the Legislature.
The amendment was laid on the table.
Mr. TEEGARDEN offered an amendment, allowing J. S. McDowell $654 95, balance due him as sergeant-at-arms to the bank investigating committee of 1857.
After discussion of the Finance Committee report, concerning the contractors of the Northern State prison,
Came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. WAGNER withdrew the amendment of the Committee on Finance, accepting the proposition of the State prison contractors.
The bill, as amended, was then passed the third reading in the Senate by yeas 39, nays 13.
On motion by Mr. NEWCOMB, the House amendments to his bill 136 was read and concurred in.
On motion by Mr. ANTHONY, the rules were suspended (yeas 37, nays 0), and the bill H. R. 295 was read the first and second time by title only.
Mr. CONNER moved for a recount on the Five Additional Branch Bank bill H. R. 62.
Mr. MARCH made an ineffectual motion, (yeas 16, nays 26,) to lay this motion on the table.
On motion by Mr. MARCH, a call of the Senate was had: 45 members answering to their names.
Mr. BEARSS made an ineffectual motion to adjourn : yeas 6, nays 38.
Mr. CONNER demanded the previous question, and the demand was seconded by yeas 28, nays 16.
The question being, whether the vote on the passage of the bill shall be taken ; it was so ordered by yeas 26, nays 20.
The bill was then finally passed by yeas 26, nays 21, as follows :
YEAS-Messrs. Anthony, Berry, Blair, Campbell, Claypool, Conner, Cravens of Jefferson, Culver, DeHart, Dickinson, Ferguson, Hamilton, Hull, Johnson, Miller, Newcomb, O'Brien, Odell, Robinson, Steele, Tarkington, Teegarden, Turner, Wagner, White, and Wilson26.
NAYS-Messrs. Bearss, Beeson, Carnahan, Cobb, Conley, Craven of Madison, Grubb, Jones, Landers, Line, Lomax, March, Mellett, Murray, Ray, Shoemaker, Slack, Stone, Studabaker, Williams, and Wolfe21.
On motion by Mr. STUDABAKER, the bill [H. R. 341] authorizing the county treasurer to retain school monies, &c., was read the first and second time by title only, under a dispensation (yeas 42, nays 0), and finally passed by yeas 38, nays 0.
On motion by Mr. SLACK, the rules were suspended (yeas 34, nays 4) : the bill [H. R. 244] appropriating $6,000 for enclosing the Tippecanoe battle ground, was read the first and second time by title only.
Mr. NEWCOMB moved to amend by striking out "$6,000," and inserting in lie thereof, "$3,000."
Mr. CULVER. The appropriation is not more than is needed.
Mr. WAGNGR. The amendment would kill the bill. If we cannot get $6,000 we don't want the bill.
Mr. STEELE. It is known this battle ground was given to the State by General Tipton, and the State could not do a nobler act than to fence it.
The passage of the bill was urged by Senators Odell, Claypool, Ray, and Slack; and opposed by Senators Mellett and March.
Mr. CONLEY made an ineffectual motion (yeas 12, nays 22) to lay the amendment on the table.
After further remarks by Senators Johnson, Slack, and Culver,
Mr. NEWCOMB withdrew his amendment, and on his motion the bill was read the third time and rejected by yeas 18, nays 22.
On motion by Mr. WAGNER, the message from the House announcing its refusal to concur in several of the Senate amendments to the Appropriation bill [H. R. 348], was taken up.
The amendments allowing pay to employees was adhered to by yeas 25, nays 17.
The other amendments were also adhered to, and a Committee of Conference appointed, viz.. Senators Wagner, DeHart, and Anthony.
Mr. TARKINGTGN introduced a bill [279] accepting the surrender of a contract by Wm. H. Talbott and Francis Costigan for the construction of the Northern State Prison and the rights and property therein mentioned, and to appropriate the sum of $13,574,37 to pay said Talbott and Costigan the amount due them according to estimates for work done on said contract. The rules were suspended: yeas 34, nays 10; and the bill read the first and second times by title only.
Mr. BEESON moved to amend by striking out from the enacting clause and inserting new matter reciting that fraud was committed in procuring said contract; authorizing a commission to examine the accounts, and work of said contractors; and declaring the contract null and void.
On motion of Mr. NEWCOMB the substitute was laid on the table: yeas 34, nays 6.
On motion by Mr. TARKINGTON the bill was considered as engrossed and read the third time.
The passage of the bill was urged by Senators Slack, Tarkington, Ray, Cobb and Murray, and opposed by Senators Mellett, DeHart and Claypool, each in five minute speeches.
Mr. MURRAY demanded the previous ques page: 367[View Page 367]tion, and the demand being sustained by yeas 30, nays 12, the bill was finally passed by yeas 26, nays 16.
Mr. SLACK presented a minority report from the Committee on the State prison, but without reading H or taking action thereon-
The Senate took a recess till 7 1/2 o'clock.
NIGHT SESSION.
The House amendment to Senator Conner's bill 187 was concurred in.
A message announcing that the House refuses to concur in a Senate, "exclusive original jurisdiction" amendment to the bill [H. R. 86] was taken up, and on motion by Mr. WILLIAMS, the Senate receded: yeas 23, nays 11.
On motion of Mr CRAVEN, the House amendment to the bill 169 was concurred in.
On motion by Mr. COBB, the rules were suspended-yeas 40, nays 0the Southern State's Prison bill [H. R. 349] was read the first and second times by title only, then read the third time and finally passed: yeas 34, nays 0.
On motion by Mr. MELLETT, his resolution offered day before yesterday morning rescinding the contract between Talbott & Costigan and the Directors of the Northern State Prison because it was fraudulently made, was read and adopted, yeas 27, nays 6, and 3 present but not voting.
On motion by Mr. TARKINGTON, the bill [H. R. 135] exempting Widow's property not exceeding $300 in value was read the third time.
Mr. CLAYPOOL made an ineffectual motion : yeas 13, nays 28 : to lay the bill on the table. The bill finally passed: yeas 30, nays 7.
Mr. CAMPBELL made an ineffectual motion, yeas 22, nays 15, to suspend the rules, that he might call up the bill H. R. 269-not read.
Mr. MURRAY demanded the previous question, and the demand being sustained by yeas 30, nays 12, the bill was finally passed by yeas 26, nays 16.
Mr. SLACK presented a minority report from the Committee on the State prison, but without reading it or taking action thereon,The Senate took a recess till half past seven o'clock.
Mr. WILLIAMS, from a Select Committee returned the bill [H. R. 188] authorizing the organization of dam companies, &c., recommending passage. The report was concurred in, the bill read the third time, [a repeatability clause clause appended by Mr. MARCH, without objection], and finally passed by yeas 32, nays 0.
On motion by Mr. STUDABAKER, the bill H. R. 8 county commissioners not to allow clerks and sheriffs more than $100 a year for extra services, was read the third time, and finally passed by yeas 30, nays 4.
Mr. WAGNER, from the Committee on Free Conference on the General Appropriation bill H. R. 336, made a report recommending that the Senate recede from its amendment appropriating $15,000 a year for the State's prison north, and insert the sum of $25,000 for the years 1861-62, $10,000 of which shall each year be applied to the purchase of materials to keep the prisoners at work.
The report was concurred in.
On motion by Mr. ANTHONY, the Incorporation-of-Cities bill H. R. 295 was read the third time, and finally passed: yeas 29, nays 6.Mr. MILLER, from the Committee on the Judiciary, returned the bill H. R. 322, for the action of the Senate.
Mr. WAGNER, from the Conference Committee on the Specific Appropriation bill H. R. 348, made a report, which was concurred in, and the Secretary ordered to inform the House thereof.
On motion by Mr. MARCH, the 13th Judicial Circuit bill H. R. 155 was read by title only the first and second time, under a dispensation, and referred to Senators March, Studabaker, and Mellett, which committee subsequently returned the bill, recommending passage; whereupon the bill was read the third time, and finally passed by yeas 33, nays 2.
Mr. BLAIR, from the Finance Committee, returned the Patent Medicine bill H. R. 116t recommending passage. The bill was read the third time, and rejected by yeas 17, nays 20.
Mr. HAMILTON offered the following :
Resolved, That the thanks of the Senate be tendered to the Hon. John E. Cravens, for the firm, dignified, and impartial manner in which he has performed the duties of President of the Senate during the present session.
Which was adopted, nem. con.
On motion by Mr. RAY, the Corporation bill H. R. 114, was read the third time, and finally passed-yeas 29, nays 5.
On motion by Mr. CRAVEN, the Eel River Seminary bill H. R. 91 was read the third time and finally passed-yeas, 28, nays 6.
Mr. BEARSS offered a resolution, which was adopted by consent, authorizing the printing of 500 copies of the testimony before the State Prison Committee for the use of the Senate.
On motion by Mr. CLAYPOOL, the Railroad Fence bill H. R. 159, was read the third time and finally passed-yeas 29, nays 6.
On motion by Mr. CLAYPOOL, the bill, H. R. 167, changing the title of the Promissory Note law of 1852, was read the third time and finally passed-yeas 34, nays 2.
On motion by Mr. TEEGARDEN, the bill [H. R. 322] to repeal the individual liability clause in railroad charters, was read the third time and failed for want of a constitutional majority-yeas 22, nays 18.
Mr. STEELE offered a resolution calling for the return from a select committee of a common pleas bill H. R. 122, which, on motion by Mr. CONLEY, was laid on the table.
page: 368[View Page 368]On motion by Mr. TARKINGTON the rules were suspended-yeas 34, nays 2-the county treasurer bill, H. R. 342, read the first and second times by title only, then read the third time and finally passed-yeas 32, nays 2.
On motion by Mr. CULTER-the rules were suspended-yeas 34, nays 0-and the 12th judicial circuit bill H. R. 234 read the first and second times by titles only, then read the third time, and finally passed-yeas 33, nays 1.
The bill [H. R. 139] to enlarge the legal capacity of married women was read the third time, and finally passed by yeas 26, nays 7, not voting 1.
Mr. CRAVEN, from the Judiciary Committee, returned the execution-writ bill, H. R. 115, recommending passage.
On his motion the bill was read the third time, and finally passed by yeas 28, nays 6.
On motion by Mr. MILLER, the bill H. R. 185, numbering the common pleas districts, was read by title only the second time, then read the third time, and finally passed-yeas 32, nays 1, not voting 1.
On motion by Mr. MARCH, the joint resolution [H. R. 35] directing the Attorney General to bring suit upon the official bonds or otherwise against State officers for fees or perquisites they have collected and not paid into the State Treasury, as required by law, was taken up and passed-yeas 32, nays 4.
On motion by Mr. TEEGARDEN, the joint resolution [H. R. ], instructing our Senators and requesting our Representatives in Congress to endeavor to procure an appropriation for the improvement of the harbor at Michigan City, was taken up and passed yeas 27, nays 5, not voting 2.
Mr. MARCH, from the Judiciary Committee, returned the bill H. R. 52, recommending that it lie on the table.
Mr. JOHNSON, from the Judiciary Committee, returned the bill H. R. 46, recommending that it lie on the table.
Mr. JOHNSON, from the Committee on Claims, returned the claim of Wm. M. Smith, recommending that it lie on the table.
Mr. JOHNSON, from a select committee, returned the bill H. R. 132, recommending indefinite postponement.
Mr. WOLFE, from the Judiciary Committee, returned the bill H. R. 69, recommending that it lie on the table. Also Senator March's bill 116-see page 212 of these Reports-recommending passage.
These reports were severally concurred in.
And then, at midnight, the Senate adjourned.
