IN SENATE.
WEDNESDAY, February 12, 1863.Mr. CLAYPOOL presented a memorial and resolutions from the Indiana officers and soldiers in the Army of the Cumberland. He said that in presenting these papers he performed the most pleasing duty of his Senatorial life. The memorial was couched in courteous but manly language, and contained sentiments which he believed every Senator could endorse; for whatever opinions might exist as to the military dictating to the civil power, no one could take exceptions to this document on that ground. It was not gotten up in the spirit of interference, but contained suggestions from those who had the right to advise--suggestions that should be carefully considered by both legislators and people.
Mr. COBB said that he was willing to vote to place the documents on the journal, and to print, if need be, ten thousand copies to circulate among the people, yet he had been well informed that these proceedings of the Army of the Cumberland had been instigated by Governor Morton and republican members of the Legislature, and that the vote upon them had been unfairly put to the soldiers. Improper influences had been used and false charges made against, the majority of this Legislature, and the soldiers made to believe that there was a movement on foot to take Indiana out of the Union, when such had never been the case and never would be. Such is the effect of military page: 142[View Page 142] discipline that the soldiers were governed and somewhat controlled in expressing their opinions by their immediate commanders, and such votes were not the free expressions of the men composing the Array of the Cumberland.
Mr. CLAYPOOL denied the right of any man to search the hearts of the minority of the Senate and to say what they had or bad not advised or instigated. He denied that the members of the minority of this Legislature had instigated the proceedings at Murfreesboro. Senators had no right to suppose that these proceedings came from any one else than those whose names were appended to them. And coming from such a source it was proper that they should be treated respectfully. It was imaginary to suppose that the free citizens of Indiana who compose our gallant soldiery had been influenced to vote, against their own free will, upon this memorial and these resolutions. All such charges were but imputations upon the character of our Soldiers.
Mr. COBB denied that he had said anything that could be considered as casting any such imputation upon our soldiers. He had received a letter from a Brigadier General of that army who asserted positively that Gov. Morton had sent an agent to instigate these proceedings, and that he (the Brigadier General) would not permit such a vote to be taken in his Brigade. He had, also, received letters stating that this vote had been put to the men, under appeals to stand by the flag, and in such a way that the soldiers had no opportunity to fairly vote upon them.
Mr. MARCH said that it had been assorted that the President's proclamation had divided the army and introduced dissensions therein. This memorial and the proceedings therein showed that instead of such being the case, the Army of the Cumberland, at least, was united almost to a man for the prosecution of the war and for no armistice until an honorable peace was secured. He believed the sentiments contained in these proceedings to have been freely, honestly and unbiasedly expressed. They showed that the soldiers were not scared at the proclamation, and that they had not lost faith in the ability of the army to put down the rebellion.
Mr. CLAYPOOL moved to lay the documents on the table, and that 5,000 copies be printed.
Mr. WOLFE bad no objection to the printing but would prefer that the papers go to a committee and when reported upon that the report and the communications be printed in a document together.
Mr. RAY hoped nothing would be done to get up a controversy between the Senate and the army; and favored the printing.
The motion was agreed to--yeas 37, nays 8.
The PRESIDENT laid before the Senate the proceedings of the 66th and 931 Indiana regiments, stationed at Corinth, with resolutions accompanying the same. (The resolutions are similar to those passed by the Illinois regiments.)
Mr. WOLFE moved to reject the paper.
Mr. RAY moved to amend by naming the third and fourth resolutions as disrespectful and offensive to the General Assembly.
Mr. BEARSS could not see why the paper should be rejected. It did not hurt him.
Mr. JOHNSTON was for rejecting the whole batch. They were intended as an insult to all who favored an armistice.
Mr. RAY said, on reflection, he would withdraw his motion, believing that the spirit that prompted two of the resolutions should be rebuked by a rejection of the whole.
Mr. WOLFE. Resolutions from this capital have been sent to the army for the purpose of misleading the army itself; but I will tell Governor Morton, and his minions here and elsewhere, that he may erect batteries in the vicinity of this city, and point cannons at this capital and fire them till he leaves not one stone upon another in this capital, and he will not move me from the faithful discharge of my duty. I say come weal or woe, life or death to me, I am going to discharge my duty as I understand it. There was a settled and wicked attempt made by men about this capital to inaugurate a civil war. A persistent effort was made to misrepresent the majority on this floor, to lie upon and to slander them, to mislead the army by the circulation of damnable lies. If not stopped it will lead to bloodshed. I am in possession of a condition of things that gentleman are perhaps not aware of. I am fully in possession of them to an extent sufficient to satisfy my own mind in regard to what is being done; but I prefer to keep my ova counsel until there is a necessity. I am not disposed to push this discussion, it is giving the subject too much dignity. I hope the Senate will promptly reject the infamous paper.
Mr. MELLETT. If I had been drafting a petition to the Legislature I should have used better words, if I wanted to convey the same idea. I am satisfied there are some words used in the paper not strictly parliamentary. Gentleman are sensitive because, perhaps, the word "traitor'' is used; yet the gentleman from Harrison, (Mr. Wolfe,) had the honor of introducing resolutions is this body denouncing rue as a moral traitor, and if not for the forms of law a legal traitor.
Mr. WOLFE (interrupting.) I heard the Senator declare not long ago that he belonged to no party whatever, and now page: 143[View Page 143] he wants to come within the range of my gun.
Mr. MELLETT. I see no point in what the gentleman says; but because soldiers in the field, not accustomed to parliamentary tactic use some harsh words, he is very sensitive, but I, holding different views from him must sit here and be denounced as a moral traitor from one end of the session to the other. We have been accustomed to hearing hard names applied to the Governor of Indiana; and the Senator from Monroe, (Mr. Dunning,) on yesterday said a certain act of the President of the United States would disgrace a barbarian. Now while such language as this is heard by Senators upon this floor they become sensitive and indignant because soldiers in the field, unaccustomed to parliamentary usages, use language not respectful.
Mr. WILLIAMS (interrupting.) Is Geo. W. Carr not a parliamentarian?
Mr. MELLETT. I suppose he is, but I was not aware that he was one of the petitioners. The great respect I have for Geo. W. Carr will forever prevent me from voting against the petition--the man who presided over the Constitutional Convention that gave us that glorious Democratic Constitution containing the 13th Article! That convinces me that perhaps I was wrong when I said it was not respectful and parliamentary.
Mr. McCLURG. I was satisfied that the basis of the first petition (from Murfreesboro) was respectful and I was disposed to give it a respectful and kind hearing; but, Mr. President, the petition that is brought before us at this time seems to claim none. It does seem to me that it carries on its face an insult, and the thing is of so violent a character that the men seem to have been intoxicated with power. I say the petition ought to be rejected as being, for want of respect, doubly unworthy to be considered by a body that ought to be as dignified as the Senate of Indiana. I can to some extent, notwithstanding the fact that the petition comes covered with infamous language, excuse the action of the soldiers and officers who are thousands of miles away, for there is no doubt that misrepresentations have been sent to them from the heart of the State of Indiana. No doubt they believe there exists upon the floor of this Senate a body of men whose hearts are ready to plead against the best interests of the State. These charges have been made from the stump and the press, and coming to them uncontradicted, they may be tilled with the sentiments which has induced this petition. It is but the misrepresentation of their party friends and they know not what they say, yet on account of the disrespectful language in the paper, and the high crime it charges upon members of this House, I claim that it is undignified for the Senate to pay it a particle of respect, and it should be spurned from the consideration of the body.
Mr. REED. I think the language might have been a little more courteous and respectful to the Senate; but I rise for the purpose of asking the Senator from Harrison, (Mr. Wolfe,) a question: which is most respectful to the Senate a soldier with arms in his hands who denounces an armistice, or he who calls Senators minions of Gov. Morton?
Mr. WOLFE denied characterizing men on this floor as minions of the Governor.
Mr. BLAIR said if the soldiers believed that the effect of an armistice would be to weaken our own army and strengthen that of the rebels, he didn't know but that it was proper for them to class as traitorous such conduct. The soldiers knew that attempts were being made to take from Governor Morton his military power, and with the feeling they had for him, it was proper that they should express their indignation at such attempts. He could not endorse the language in which they were couched, however.
Mr. GRAVES. I yield the point that these resolutions should be rejected, although I act with the minority on this floor. They ought to have been cast out of the door in one minute. Whatever may be the opinion these men have of Senators upon this floor, whenever they come before the body and ask any kind of legislation it is their duty to address it ia respectful terms, and no set of men who expect any favorable action at the hand of a legislative body, would address it in any other than respectful terms. I hope the minority will join the majority in rejecting these resolutions. I shall vote to reject them notwithstanding I am prepared to treat courteously any respectful petition, coming from whatever source it may. I looked favorably upon the memorial resented this morning, for it was respectful; but this is of a different character. There is a low bred ingenuity of expression used in this paper, and I believe it ought to be rejected by this Senate. I hope and trust every member of the minority will vote to reject it.
Mr. MANSFIELD. I have always said an army might be made in the course of time a political machine. This petition here certainly contains some objectionable language. If it came from men who had the means to ascertain what is going on hero. I would be for immediately rejecting it without consideration ; but we ought to make some slight allowance for our men who are at such a distance that their information concerning us has to pass through a number of channels; and if they are wrought to a degree of passion which would not take place were they here, we ought to make some allowance for that. I should like to see the objec- page: 144[View Page 144] tionable part of the resolutions taken out, for I dislike to reject them all.
Mr. BROWNE, of Randolph. I agree with gentlemen that the language used in these resolutions is not respectful to the Senate, but differ with them in reference to what the action of the Senate should be ; and I shall state briefly the reason why I shall vote against rejecting the resolutions. I am in favor of the fullest, freest, and most untrammeled right of petition, and the fullest, widest and broadest liberty of speech. I am in favor of extending the right of petition to the lowest, meanest, and most miserable being that exists in the State, as well as to the highest and most honorable. I am in favor of allowing them to address us in whatever language may suit their sense of propriety or their conviction of duty; and if these resolutions contain charges with reference to the loyalty of the majority or minority of Senators upon this floor the most effective the most complete vindication the Senate can make is to receive the petition, and prove by their conduct that they do not, and never have, committed the high crimes with which they have been charged. While he didn't believe that members of this Senate were for any disloyal scheme, looking to a disruption, of the country, it could not be denied that there were many members of the Democratic party who were in favor of separating the East from the West. Honest men of that party had told him so,and knowledge of the existence of such a state of feeling had reached the army, and could it be wondered at that those who are fighting to destroy one species of secession from the Union would remain quiet with reference to another species of disunion ?
Mr. COBB asked if the fanatical or radical element in the Republican party was not in favor of acknowledging the Southern Confederacy ?
Mr. BROWNE, of Randolph, believed they were. If they attempted it, they should be crushed out, and he hoped in God they would be. In troublous times the tendency of all parties was to submit to the dictation of the fanatical element. Such was the tendency in my own party. The Democracy had to fear the supremacy of that portion of that party favoring a separation from New England. I denounce the position of Senator Conway, (if he was correctly reported) in which he favors the severance of the Southern States from the Union. I denounce, in unmeasured terms, this position and those who may assume it. I have no sympathy with the measure nor the men. It is disunion. Public opinion ought to overwhelm the expression, and if it culminates in an overt act it will be treason, deserving speedy and ignominious punishment. The Republican party is not, and will never be, committed to the proposition of the Kansas Senator. He hoped the petition would be received and referred, and gentlemen here could prove to these men by their acts that they were wrong. It would be the most dignified way of disposing of the matter.
Mr. JOHNSTON. I am as much in favor of the right of petition as the gentleman from Randolph. There is no gentleman more in favor of it. But it is said these men do not know what they are doing. Now that is not our fault. If they have thus acted, we ought to reject it on that account. I understand there are some other things to be legislated about besides the army. The legislative power has its duties and the army has its. I learn from the Constitution that the army is not the war-making power. They have no right to send into this Senate any such resolutions as they have sent. But there is another objection to them. There is an insinuation contained in them that we had better look to what we are doing, or the power of this army might be brought to bear upon us here. Now, if that is for the purpose of scaring this General Assembly into any measure. I hope and trust they will learn that we don't scare worth a cent. I shall vote to reject these resolutions.
Mr. COBB. There is no Senator who would concede the right of petition quicker than I, but the petitioners ought to couch it in proper language, or otherwise the party petitioned has the right to reject it This paper is intended as a denunciation of the majority on this floor, and, whatever the minority may say, there is a great duty to be performed on the part of this Senate in regard to this petition and resolutions ; and we ought to reject it because it is not couched in proper language. It is casting an imputation, that we are traitors here, in both houses of this General Assembly. It is our imperative duty to reject these resolutions. We are here the representatives of the honorable people of the great State of Indiana, and to be treated in this kind of a, way is an insult to the people of the great State of Indiana. For one, I will vote to reject them. These men are misled, but there is a design in it; and I need not say that I know the source from whence it has emanated.
Mr. RAY (interposing). I find in the Cincinnati Commercial of this morning these identical resolutions adopted by Illinois regiments ; which shows that they have been concocted elsewhere and sent to these regiments in the field.
Mr. COBB. The evidence will be divulged and published to the world. I know now, but will take my time to tell. The Senator from Harrison (Mr. Wolfe) only expressed a knowledge that there was a scheme laid at one time, and not abandoned yet, terrible in its charac- page: 145[View Page 145] ter. The source from which I draw my conclusions comes from the fountain head and while I am here for the purpose of doing nothing that will aggravate. I will say to Senators: be cautious and beware of'what you do. But I have digressed from the question. These soldiers are misled. They are men of sense. and will reflect, and when the evidence is presented to them they will act properly.
Mr. MELLETT (interposing). Does not the Senator know and believe that there is, and has been, a secret organization in Indiana, composed of Democrats, known as the Knights of the Golden Circle, whose object was to demoralize the army?
Mr. COBB. No, sir. I do not know any such thing; and I never heard any such thing intimated by a Democrat.
Mr. MELLETT. I tell the Senator from Lawrence that it is a fact, and I apprehend he can ascertain that such a secret order exists in every Co. of the State.
Mr. COBB. That part I deny.
Mr. MELLETT. If the Senator undertake to defend the organization,I undertake to say that it does exist.
Mr. COBB. The Senator does not receive his information from members of that party, and therefore knows nothing about it.
Mr. MELLETT. I get my information from members of that order, implicating Democrats all over the State of Indiana, and have sufficient evidence to satisfy my mind that it exists in every county.
Mr. COBB. I state to the Senator that he is mistaken. He may have learned in the manner in which he has, but the source of his information I have no doubt is untrue. I have heard that there is such an organization in the country for home protection, but I have never heard it intimated by any one except a Republican that the object was to demoralize the army. It is contended all the time that there is no such object on the part of that organization; but it is said the organization existed for the purposes of self protection against the illegal arrests made by this tyrannical Administration. I say there is no such organization, composed of Democrats, in this State, whose object it is to demoralize the army and break it down. Does not the Senator know that there is an organization formed to receive arms from the Governor to defend themselves from the Democratic organization said to be in the State?
Mr. BROWNE, of Randolph. I do not know of one solitary gun or munition of war distributed to any one.
Mr. COBB. I should ask pardon of the Senate for detaining them so long (half an hour beyond the usual time of the recess for dinner), but I would not have done it had it not been for the interrogatories of Senators.
AFTERNOON SESSION.
Mr. RAY moved to amend the motion to reject, by way of substitute, as follows:
Resolved,That the memorial and resolutions offered to the Senate be rejected as disrespectful and offensive to the dignity and honor of the Senate, and as a further mark of disapprobation, that the Secretary of the Senate be instructed to return the same to the source from which they came, accompanied with a copy of this resolution.
Mr MURRAY said that if any meeting of citizens in the State would use such language as is contained in the petition under consideration, he would vote to reject it. It was the uniform custom to reject memorials coached in disrespectful language, and he would vole to reject this one. It was the only protection a legislative body had.
Mr. MARCH said he voted against the rejection on the ground that their rejection would lead to a further discussion of the matter in the army. He had heard resolutions read and referred that were quite as disrespectful. He had heard language used here this morning that was disrespectful to somebody, but the Senator from Lawrence (Mr. Cobb) did not say who. The Senator had admitted the existence of a secret society with purposes favorable to the rebellion in the Southern States, composed of Democrats. This had been known before, because the Grand Jury of the Circuit Court of the United States had made a presentment showing the existence of such an order. This society may have some good men in it, but it had, no doubt, been originated by. and was now controlled by traitors. He knew of no other secret political society, and it came with an ill grace from the Senator from Lawrence to charge that this society was called into existence by any recent acts of the State or National Administrations, when the order had been in existence long before the time when it was charged Such acts had been committed or meditated. It could not be considered an order for self-defence. He advised all good men to keep out of all secret political organizations.
Mr. TEEGARDEN said that while he cordially endorsed some of the resolutions, he admitted that the language of some other portions was not as choice as he might have been. But he could overlook the harsh expressions, because the soldiers felt that an armistice would disgrace them, and felt aggrieved at the attempts made at the North looking to such a project, and he could not vote to reject the paper.
Mr. COBB moved the previous question, and it being seconded, the main question recurred on the resolution, which was adopted by yeas 28, nays 18--as follows:
YEAS--Messrs. Bradley, Brown, of Wells, Cobb, Corbin, Davis, of Cass, Douglass, Downey, Dunning. Ferguson, Finch, Fuller, Gaff, Gifford, Graves, Hartley, Hoagland, Hord, Jenkins, Johnston, Landers, McClurg, Moore, Murray, Ray, Shields, Williams Wilson, and Wolfe--28.
page: 146[View Page 146]NAYS--Messrs. Bearss, Beeson, Berry, Blair, Browne, of Randolph, Campbell, Claypool, Culver, Dickinson, Grubb, Mansfield, March, Mellett, New, Pleak, Reed, Teegarden, and Wright--18.
On motion by Mr. DUNNING, a recess was had for one hour, that Senators might witness the artillery practice which was to take place immediately, near the old State Fair grounds.
The Senate was called to order at 4 p. m.--Mr. Cobb in the Chair.
NEW PROPOSITIONS.
The following bills were introduced, read the first time, and severally passed to the second reading :
By Mr. BRADLEY, [112] to amend the 7th section of an act entitled an act to provide for the election of a Reporter of the decisions of the Supreme Court, approved February 5, 1852.
By Mr. FULLER, [113] to repeal an act to provide for the defence of the State of Indiana, to procure the first-class arms, artillery, cavalry and infantry equipments and munitions of war, making the necessary appropriations therefor, and authorizing the Governor to borrow money.
By Mr. RAY, [114] to amend section 13 of an act entitled an act defining felonies, approved June 10 1852, and to more fully protect the citizens of Indiana from arbitrary arrests, and securing the privileges of the writ of habeas corpus to such as may be arrested without due process of law.
By Mr. DOUGLASS, [115] to amend an act for the incorporation of towns, approved June 11, 1852.
By Mr. RAY, [116] authorizing the Secretary of State to purchase and distribute for the use of the State, copies of a new edition of Blackford's Reports, and appropriating money to pay for the same.
By Mr. DAVIS, of Cass, [117] to amend section 111 of an act to provide for a general system of Common Schools--fixing the per centage to be paid County Auditors and Treasurers.
By Mr MARCH, [118] to amend the 70th section of the Justice's act approved June 9, 1852.
PAY OF SOLDIERS.
Mr. HORD offered a resolution, which was adopted, inquiring of the Governor what amount is due by the General Government to the soldiers from Indiana, and what amount per month it would take to pay the soldiers from this State in the future.
THE STATE OF THE UNION.
Mr. MELLETT introduced a joint resolution. [12] declaring that the General Assembly of the State of Indiana is unconditionally and determinedly in favor of the preservation of the Union and in favor of a vigorous prosecution of the war, which was read the first time.
NEGROES IN COMMON SCHOOLS.
The Committee on Education reported back the bill, S. 40, with an amendment, and when so amended recommended that it pass.
The amendment proposed to exclude from the common schools all persons having "any" negro blood, instead of limiting it to one-eighth, as in the law.
Messrs. DOUGLASS and LANDERS advocated the report, and Messrs. WOLFE, MARCH and BROWNE, of Randolph, opposed it.
The Senate refused to concur in the report by yeas 20, nays 22--as follows :
YEAS--Messrs. Bradley, Cobb, Corbin, Davis, of Cass, Douglass, Finch, fuller, Gaff, Hartley, Hoagland, Hord, Jenkins, Johnston, Landers, Moore, Ray, Shields, White, Williams and Wilson--20.
NAYS--Messrs. Bearss, Beeson, Berry, Blair, Browne, of Randolph, Campbell, Claypool, Downey, Dunning, Ferguson, Gifford, Graves, McClurg, Mansfield, March, Mellett, New, Pleak, Reed, Teegarden. Wolfe and Wright--22.
So the amendment was not adopted.
