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Brevier Legislative Reports, Volume 5, 1861, 281 pp.
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IN SENATE.

WEDNESDAY, May 8, 1861.

Mr. CULVER, in presenting a series of resolutions demanding at the hands of the Legislature a large body of armed soldiers, unanimously adopted at a meeting of the citizens of Tippecanoe county, held in the city of Lafayette last Saturday, said: Mr. President, I wish to say one word. It was understood in Lafayette on Saturday that the six regiment bill was about to fail, upon which a large meeting came together and this is the deliberations of the meeting. They are in favor in the county I represent, thank God, of voting every dollar necessary for carrying on the war; and this is the universal feeling of the country. Those that have no money are willing to go to war, and those that have money and stay at home are willing to pay the expense. I move to refer the resolutions to the Committee on Military Affairs.

The motion was agreed to.

Mr. MARCH, in presenting the resolutions of a meeting held in Selma, Delaware county, on Saturday last, pledging lives, property and honor to the maintainance of the Constitution and laws of the country, said: I only wish to say that these resolutions were adopted at a large meeting of the citizens of a portion of the county I have the honor to represent; and these resolutions I have no doubt represent the views not only of that meeting but of the entire county; I may say men, women and children, without distinction of party. They are ready to do every thing and contribute every thing they have now or may have hereafter for the purpose of perpetuating our Constitution and maintaining the flag of our country. I move the resolutions be referred to the Committee on Military Affairs.

The motion was agreed to.

CONTRABAND ARTICLES.

Mr RAY offered the following:

Resolved, by the Senate, (the House concurring,) That a committee of five be appointed - two on the part of the Senate and three on the part of the House - to confer with the District Attorney and the Marshal of the United States for the District of Indiana, on the power and expediency of those officers interposing to prevent the sale and shipment of arms, munitions, provisions, and other articles contraband of war, from this State, to the people of any other State in rebellion to the authority of the United States, and report at an early day.

After a few remarks by Messrs. RAY, MURRAY and ANTHONY -

The resolution was adopted.

Subsequently the PRESIDENT appointed Mr. Ray and Mr. Wagner the committee on the part of the Senate.

A VISIT FROM THE KENTUCKY LEGISLATURE.

Mr. SLACK offered a resolution calling upon the committee to whom was referred his joint resolution [No. 5] of Friday, to report the same back to the Senate; but after explanations from several members of the committee, setting forth the fact that they were absent from the city during the recess from Saturday till yesterday, and of course could not act upon the matter, he withdrew it.

A PETITION FOR MORE REGIMENTS.

Mr. NEWCOMB presented the following, which was referred, on his motion, to the Committee on Military Affairs:

INDIANAPOLIS, IND., May 4th, 1861.

To the Senate and House of Representatives:

GENTLEMEN: - At a mass meeting held at the court house in this city last evening, resolutions were offered and an unanimous vote taken requesting your honorable body to pass a bill to raise ten more regiments of volunteers to protect our State during the war which must soon be on hand Our men pledge their fortunes, lastly their lives, in defense of our Union against the dastardly hands of traitors.

A committee was appointed to confer with your honorable body, consisting of REV. J. B. NEW, JAMES BLAKE, DR. W. C. THOMPSON, JAMES SULGROVE, ANDREW WALLACE.

STATIONERY USED BY MEMBERS.

The PRESIDENT laid before the Senate a communication from the State Librarian setting forth the amount of paper, pens, pencils, quills, &c., &c., &c., drawn from the Librarian by written orders of Senators since the commencement of the session, in compliance with a resolution of this body directing such a statement to be made every two weeks. The statement was read and referred to the Committee on Finance.

REORGANIZATION OF THE MILITIA.

The PRESIDENT now announced the order to be the consideration of the unfinished business of yesterday - the militia bill, H. R. 21, with amendments there - to passed over informally yesterday afternoon for lack of a quorum to act thereon.

Mr. CRAVEN. Upon consideration, I do not think $70,000 is too much to be appropriated as a fund for military purposes. If it is found to be too light, we can increase it; and if too much, then we can make it lighter. This bill is, perhaps, in as good shape as we can get it. I do not think there is any time for delay now. I look upon the appropriation of $70,000 as being light; it is only some twenty-five or thirty cents a day to a man. I therefore move to reconsider the vote by which the Senate adopted the amendment of the Senator from Putnam [Mr. Johnston] striking out the word "annually." The section, as amended, now only appropriates $35,000 for the year 1862 and the same amount for the year 1863.

Mr. JOHNSTON. The object of my amendment was simply to appropriate only for the next two years, until the next Legislature should meet, and not to interfere with the amount at all. I have no objection to amending it so as to insert the word "annually," which would obviate the objection of the Senator.

On motion by Mr. LINE, and by unanimous consent, the word "annually" was placed in section 7.

Mr. ANTHONY moved to lay the pending amendments (offered yesterday) on the table.

Mr. RAY demanded a division of the question.

The amendment (Mr. Dickinson's) was not laid on the table by yeas 14, nays 26.

The amendment to the amendment (Mr. Cobb's) was laid on the table by yeas 32, nays 7.

Mr. CLAYPOOL. I was not here when the discussion took place on this amendment; but I must confess I regret to see a disposition to eviserate or take the bowels out of it. I do not pretend to be a military man, and I presume page: 90[View Page 90] most of the Senators are about on a par with myself in reference to this matter. As a matter of course I make some honorable exceptions those military men acting under a commission. I always thought it a dangerous thing for a man to tamper with what he does not know anything about. When meddling with this system we may destroy its entire harmony, and I presume this bill was gotten up with a view to a whole and perfect system. If we cut down this sum to $40,000 there must necessarily be a great many other amendments made to the bill in order to make it uniform. I presume the committee have got up the bill with a view to the appropriation of $70,000 to carry out its provisions; and I apprehend that that is not a very large sum to put on toot in active organization a militia that will number from 75,000 to 100,000 men. I think we are legislating here in the most niggardly manner possible. I can not find a single State, North or South, that is going upon the parsimonious policy of the Legislature of Indiana; and when say this I say it with the understanding that we are to pay the debts we contract, and I say it with the understanding of the wishes and feelings of my constituents, who bear as large a portion of the burden as any other portion of the State in proportion to their population. I say I represent a constituency that pays more in proportion to their numbers than any other member upon this floor, and I am willing that constituency shall be taxed. I am willing they shall be taxed because they are willing to be tared to support a liberal policy, in view of the exigency of the times. We find that the Legislature of Tennessee has made an appropriation of $2,500,000 unconditionally, and $3,000,000 conditionally, and called out 55,000 volunteers. "Now we need not calculate on all this as mere bravado. We need not calculate that we are to meet an army with corn stalks; that this thing is to be mere child's play. We need not calculate to get all this trouble "without some sacrifice, and we need not think we can intimidate the South by such paltry appropriations as this. Indiana perhaps is, in a military point of view, in a worse condition than any State in this Union. As far as a military organization is concerned she has none, and has never had one worthy the character and dignity of the State. We have not got now in the State of Indiana one man in fifty that knows the first military command. And why is it? Because Indiana was inclined to pursue a policy heretofore that she today must regret. Take Massachusetts, under the direction of Governor Banks, who infused a military spirit at some considerable expense, take them to-day and they are able to respond to the proclamation of the President, not only with untrained soldiers, but with men that take rank at once with the drilled soldiers of the army; and I am inclined to think that one regiment of that kind of men are worth four of raw recruits. It is absolutely criminal for us to stand here and allow the State to go without a military law - to send such recruits into the field for mere slaughter. And I say the blood of thousands of Indiana's sons will be upon the skirts of Senators upon this floor if they adopt this policy. What Senator, if he were a private in a company, would be willing to put himself under the control of a captain or a colonel who has had no military training? But you can not expect men to devote their time in organizing the militia for nothing. They can not afford to do it. A large majority of the citizens of Indiana have got either to work or steal; for the laboring class compose nine-tenths of our population.

A VOICE. "They might do some begging."

Mr. CLAYPOOL. In the name of God who wants to send our citizens out begging?

Mr. COBB. By this bill do you not compel the citizens to uniform themselves at much expense and spend as much time as the officer?

Mr. CLAYPOOL. I am not familiar with the provisions of this bill. If it does I am willing to add another $70,000, and pay them at least one dollar for every day they are in the field.

Mr. NEWCOMB. We have heard the statement made here that pay is provided for officers in this bill. If any gentleman will find such a provision I will vote against it.

Mr. MELLETT. "The only officers paid are the Adjutant-General and the Quartermaster-General.

Mr. NEWCOMB. They are not over the troops at all.

Mr. CLAYPOOL. They only receive $800 a year, and that is a very small sum. But I am glad the Senator from Lawrence [Mr. Cobb] put the interrogatory he did, because I would like to see this bill perfected. I would like to see the common soldiers receive not less than one dollar per day, for I know no common laborer can live in my county, unless upon a farm, at less than one dollar a day. Every one gets at least that, and I know it requires ninety-nine cents of that dollar to maintain his family. I will never ask a man to devote himself to his country or labor for my purposes for less than that sum. If there is an amendment made to this bill it ought to be that. But don't take out this $70,000. We have no right ask a man to give us his labor for the protection of a community. Let the men that own the property pay for it. I am inclined to think the masses of the people are far in advance of the politicians, for they want this Legislature to act liberally; they demand at the hands of their public servants liberal appropriations and prudential expenditure. A niggardly and parsimonious policy will not meet the demand of the people and the times. Liberty is priceless - and while we should be prudent we should not weigh the lives and liberties of the people in the scales with gold. Let Indiana show to the world by her liberal and patriotic policy that she appreciates the value of this liberty, bequeated us by the heroes of the revolution, and the government handed down to us by the sages of that terrible conflict.

Mr. SHIELDS. I agree with the Senator generally, but there is a theory I think he is mistaken about. The gentleman refers to how much more efficient the Massachusetts troops are than those in Indiana. I deny every word of it. Take the troops from our cities as those in Massachusetts were - take the Zouave regiment and they will compare well with the regular troops in their drill; they will show that they are not, as the gentleman says, entirely ignorant of the drill. We have but few large cities, therefore we have but few troops that have been well drilled. In regard to page: 91[View Page 91] the pay of men that drill in the country, I hold that every man pledges himself to be a guard from the time he is eighteen years of age till he is forty-five. I want the expenses of the camp paid by the property or money of the country. Where is the State that has paid for military services in time of peace? None. We had better be careful how we adopt a military system for fear the people may trample it under their feet. I would oppose any bill that proposes to pay a man for mustering fifteen times a year. It would cost a million and a half dollars. But the great defect is the lack of a military school in our State. There is not a dollar in this State to provide far a military school. I would have a provision in it putting every high school in the State, at Greencastle, Blooomington, the high schools in this city belonging to the Christians, at Franklin, and at Crawfordsville, I would put them all in the way to give every child in the State a military education.

Mr. MELLETT. I have not been informed by any Senator who proposes to cut down this appropriation that the amount is too large, and I should like to hear some Senator demonstrate that. It is thought proper that there should be encampments of brigades and smaller encampments, and as a matter of course that takes a good deal of money. It is not supposed that young men will want to charge a per diem for time lost in training; but it can not be expected that in addition they would incur the necessary expenses of these encampments. Now one-fourth of this fund is set apart to pay the salaries of the Adjutant and Quartermaster Generals, and to pay the expenses of State and brigade encampments, and brigade courts martial, &c. Now the question should be, is one-fourth too much? What amount of money is it going to cost? Are these encampments necessary? &c. The State must spend enough money to make the institution respectable, and the soldiers will cheerfully uniform themselves, and devote their time to training. I am satisfied $70,000 would be a small sum if we make the system efficient, and $5,000 would be a large sum if we did not. I hope the bill, in this respect, will not be amended.

Mr. SLACK. The Senator says if any man will demonstrate the fact that $70,000 is too much to appropriate under this bill he will help vote it down. He also says there are but two salaried officers provided for in this bill, and that $800 per year a piece is not too much. Well that makes $1,600; now what is he going to do with the $68,400 left?

Mr. MELLETT. I would ask the gentleman how much it would cost to keep 40,000 men but two or three or four days in camp and away from home?

Mr. SLACK. There is no use in these encampments. I regard it more as a horse race or a place to have a spree than anything else. No good grows out of them. The people don't want them; they don't ask for them, and they won't hare them. I am willing to vote all the money necessary for paying these two officials in order that they may discharge their duties properly, but to take $70,000 and scatter it over the State uselessly appears to me to be nonsense, utter nonsense.

Mr. ANTHONY. Where are the armories?

Mr. SLACK. Well, how much will an armory cost? Can't you rent an armory any wherein this State for three or four hundred dollars a year? And can't we have an armory without having two fellows with crossed bayonets at the doors, who make you tell your name and then report it inside before you are admitted? All such humbugs as that I have no patience with. I speak of these gentlemen who are placed around these doors in this building with crossed bayonets; it is a consumate humbug. The Adjutant-General is no more an officer than any other State officer, and there is not half as much necessity for a guard at his door that there is at the door of the Treasurer of State. [Consent.] If the gentleman from Henry [Mr. Mellett] will show to me necessity of spending $70,000 for the purpose of carrying on a military system in this State, then I will vote with him. But I am opposed to the whole thing and shall vote against it.

Mr. ANTHONY. I wish to exhibit a few figures if not facts in reference to this matter. I will suppose that there are ready to 'be enrolled under this bill 170,000 men. I will put it though at 100,000. Say there are 100 men in each company, that would make 1,000 companies in the State. The ordinary expenses of independent military companies 4s $2,500; I will put the cost at $2,000. Now these companies will cost their members $2,000,000; and of that sum we propose to pay $70,000. Where it costs each man $20 we propose to pay him seventy cents. Seventy cents would be appropriated for each man under this bill. Without a stretch of imagination I should think every Senator could see how seventy cents could be expended for each man. The question is will those who stay at home and till the soil to put money in their pockets thereby, re fuse to pay seventy cents for every man for protection? Why the extra tobacco a man would use while drilling would amount to that.

Mr. STEELE. I think the amount appropriated here is too small. If we have any organization at all, the one proposed in this bill is about as good a one as we can get up. It is very nearly the bill we had at the last session appropriating $75,000, and then it was thought too large because we had no war; and now we have a war I conceive the amount is too small. I can not see how any bill could be gotten up which would appropriate money more economically than this one. I do not see how a less sum would be of any service whatever. Instead of inserting $40,000, as proposed by the amendment, I would prefer to see $100,000. The House of Representatives has the sole power, under the constitution, to originate revenue bills. I regarded this as a revenue bill. Their committees, both of Ways and Means and Military Affairs, have carefully considered this bill. The object is not as has been said, to appropriate large sums to military encampments; it is, as is expressed in the sixth section, to be by the Colonel distributed among the companies, to pay for military drills, of armories, courts martial and music, and for the procurement of equipments and munitions. I hope the amendment will not be adopted, and that the bill be passed without amendment. I should like some amendments of small importance passed, page: 92[View Page 92] but I think the great importance of the passage of this bill at the earliest moment admonishes me to waive any minor objections that I may have, as the general features of the bill are right.

Mr. RAY. I think it will turn out upon slight examination that all the benefits of this bill may be enjoyed with much less expense than is proposed in the bill. Although it divides the people of the State into active and sedentary militia, the sedentary militia are not armed nor taxed. It does not undertake to stimulate men who would otherwise belong to the sedentary militia by pay or by making it easy for military service, but on the contrary it takes the men just as they are, stimulated, encouraged, moved and inspired by patriotic ardor, sir, and where that is the case we need no money to make this system work admirable. I think $60,000, or $50,000, will put this system into admirable operation. I think a good deal with other Senators, that after we have paid the Adjutant and Quartermaster General's salary, the expense of the encampments is more for show than utility, i think these large brigade encampments ought to be voluntary, and ought to cost the people nothing. They are generally gotten up by commandants and those who would show their epauletts and dress swords.

Mr. NEWCOMB confessed his regret to see opposition made to this appropriation, and the more regret that the source from which so much of the opposition comes is from the opposition itself; and that too while we find the people willing to be taxed to keep up a military system. He made reference to the fact that preference had been even to the portions of the State subject to invasion, in all the relief bills passed this session, and yet the breath of opposition to this bill appeared to come from that section of the State. "We are willing to give our brothers and sons the most of the people of Marion county are willing to make themselves a sacrifice, if need be, for the constituency of those men who are harping about the appropriation of $70,000 a year.

Mr. FERGUSON desired to say, in reply to allusions made to him, that he was not opposed to die bill; but on the other hand he had been in favor of it all the time. He called attention to the fact that his opposition to the six regiment bill a few days ago was based principally on the ground that the militia bill superseded the necessity of the six regiments; and it was preferable, because it gave the Governor discretionary power to call into service just such a force as was necessary, and he need not have men under pay unless circumstances required it. A number of companies would organize in his county under the bill, as soon as it is passed. He had voted against laying the amendment on the table be cause he wanted to hear some discussion on the subject. He did not know what amount might be annually appropriated, but desired the appropriation to be large enough to make the system effective. It had been his pleasure on all occasions to speak of the liberal manner in which the people of the interior and northern portions of the State desired to prepare the people of the border for defense. The people on the border think that they ought to be armed, and left to themselves until they called for help; and should such a call be made he did not doubt but that legions from the north and interior would rush to their assistance.

Mr. TARKINGTON had not the pleasure until this morning of hearing the bill discussed. The reason of his vote on the amendment was that some Senators upon the floor seemed to doubt the propriety of appropriating so large a sum as the bill proposes. He did not feel at liberty to vote against the bill from the fact that having - just returned from his constituents he knew their feeling about it, and knew they desired it to pass. His private opinion would be different, were he to express it. He could find a great deal of fault with this bill. He voted for the twelve regiment bill, and would rather vote for twenty regiments than to vote for this bill, which would bring a draw back upon the agricultural interests of the State worse than any man could picture. It will create a kind of encampment all over the country. But he did not feel like giving his opinion against the measure, because his people desired its passage; and, consequently, he would have to vote for it.

Mr. WOLFE obtained the floor.

And then came the recess till two o'clock.

AFTERNOON SESSION.

On motion by Mr. FERGUSON, a resolution was adopted, inviting Lieutenant Jefferson C. Davis, one of the gallant defenders of Fort Sumter, now in this city, to a seat within the bar whenever he desired to visit this chamber during his continuation in the city.

RE-ORGANIZATION OF THE MILITIA.

The Senate resumed the consideration of the militia bill, [H. R. 21.]

Mr. WOLFE. A system of this kind should be a permanent one, and conducted upon as nearly a correct basis as we can get. If this bill should pass in any particular shape that should cause it to be repealed, it would accomplish no good to the people, and be an absolute disadvantage. We must look at the objects and see that the bill will accomplish the object's we have in view. There is fear that the people will be oppressed and overburdened whether they be patriotic or not; and the time must come necessarily when there will be an examination into the acts of this Legislature. Let us appropriate all the money that is necessary, but let us not appropriate one dollar that is not necessary. The great lack in this contest will not be the lack of men but the lack of money.

[A message from the Governor announced that he had approved and signed Senator Wagner's six regiment bill, No. I.]

Mr. CLAYPOOL demanded the previous question, and there being a second, (26 Senators,) the amendment of Mr. Dickinson, striking out "$70,000" and inserting "$40,000," was rejected by yeas 17, nays 22, as follows:

YEAS - Messrs. Bearss, Carnahan, Cobb, Conley, Johnston, Jones, Line, O'Brien, Odell, Ray, Robinson, Shields, Shoulders, White, Williams, Wilson, and Wolfe - 17.

NAYS - Messrs. Anthony, Beeson, Blair, Claypool, Conner, Craven of Madison, Cravens of Jefferson, Culver, Ferguson, Grubb, Hamilton, Hull, March, Mellett, Miller, Murray, Newcomb, Steele, Stone, Tarkington, Teegarden, and Turner - 22.

Pending the call, Mr. DICKINSON stated page: 93[View Page 93] that he had paired off with Mr. Wagn necessarily detained from the Senate chamber.

The question recurring upon Mr. Ray's proposition to amend (submitted yesterday) so as to make the Colonel and Lieutenant Colonel elected by the regiment-

On motion by Mr. MELLETT, this motion to amend was laid on the table - yeas 25, nays 16, as follows:

YEAS - Messrs. Anthony, Bearss, Beeson, Blair, Campbell, Claypool, Conner, Craven of Madison, Cravens of Jefferson, Culver, Dickinson, Grubb, Hamilton, Hull, March, Mellett, Miller, Murray, Newcomb, Robinson, Steele, Stone, Tarkington, Teegarden, and Turner - 25.

NAYS - Messrs. Carnahan, Cobb, Conley, Ferguson, Johnstou, Jones, Line, O'Brien, Odell, Bay, Shields, Shoulders, White, Williams, Wilson, and Wolfe - 16.

Pending the vote -

Mr. MARCH said: Under ordinary circumstances I should vote to allow every officer to be elected by the men, believing in the principle of popular sovereignty - I mean genuine popular sovereignty, not the bogus article. But we have been called upon suddenly to employ an extensive military power, while there is great lack of competent persons in some localities to fill the important positions required to be filled in this bill. It is important, and of the highest importance. The efficiency of the troops depend upon the commanders. It has been said we were disgraced in Mexico, not for want of men, but for want of properly qualified officers. I think by giving'the appointment to the Governor, he will select competent men

The vote was then announced as above.

Mr. CONLEY moved to recommit with instructions to so amend the bill as to provide that if encampments are ordered, it shall be at the expense of the brigade or division so encamping.

On motion of Mr. MURRAY, the motion to recommit was laid on the table.

Mr. RAY proposed to amend by inserting after the word "be," in section 11, line 1, these words: "elected by the commissioned officers of the companies comprising each regiment," and striking out the words, "appointed by the Governor for each regiment."

Mr. MELLETT moved to lay this amendment on the table.

Mr. WOLFE. It is due to Senators upon this floor to know the fact that the Military Committee was not full when the examination of this bill was made; and that it was not carefully criticised by the committee. We examined the amendments made by the House, and acted more upon them than on the bill itself.

Mr. RAY. It is proper for me to say that, al though a member of the committee, I did not pass upon the bill, and was not on the committee when it was acted upon.

The amendment was then laid upon the table by yeas 24, nays 18 - as follows:

YEAS - Messrs. Anthony, Bearss, Beeson, Blair, Cambell, Claypool, Conner, Craven of Madison, Cravens of Jefferson, Culver, Dickinson, Grubb, Hamilton, Hull, March, Mellett, Miller, Murray, Newcomb, Robinson, Steele, Stone, Teegarden and Turner - 24.

NAYS- Messrs. Carnahan, Cobb, Conley, Ferguson, Johnston, Jones, Line, O'Brien, odell, Ray, Shields, Shoulders, Slack, Tarkington, White, Williams, Wilson and Wolfe - 18.

Mr. WOLFE proposed to amend by adding the following sections:

SECTION 102. On application of the County Commissioners of any county, on a certified copy of their order, made in term or vacation certified by the Auditor, the Governor shall cause to be sent to such county at its expense, its quota of the public arms.

SEC. 103. Such Board of Commissioners shall have the care of all public arms within their respective counties, and may transfer them under such regulations as they may prescribe to such companies, battalions or regiments as maybe organized under this act, on having the safe-keeping and return thereof, when demanded by the authorized agent of the Board secured by bond and approved security.

On motion by Mr. MELLETT, this amendment was laid on the table.

Mr. MARCH proposed the following additional section, which was adopted:

SEC. 102. The commander-in-chief shall annually, on the first day of January, report to the Treasurer of State the amount of the military fund drawn on his warrant, the amount expended, and the items of expenditure. The Colonel of each regiment shall make a like report to the county treasurer of the amount drawn on his warrant, and the captain of each company shall make a like report of the amount of the fund distributed to his company, to the county treasurer, who shall immediately make a full report thereof to the treasurer of State.

Mr. RAY offered the following additional section:

SEC. 103. Companies of Home Guards for the local protection of towns and cities in this State, may be organized under the provisions of this act, and when organized, in conformity therewith, shall be entitled to all its benefits, and subject to all the duties and liabilities of the active militia, except that members who are exempt by law from militia service, shall not be liable to be called by the Governor into active service, out of the counties in which they may reside.

Pending which - On motion, the Senate took a recess for an hour to witness the presentation of two stands of colors to the llth regiment, [Col. LEW. WALLACE'S Zouaves] which ceremony was to take place at the south front of the State House.

Long after the time was up, the PRESIDENT called the Senators present to order.

And then the Senate adjourned for want of a quorum to do business.

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