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Brevier Legislative Reports, Volume VI, 1863, 240 pp.
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IN SENATE.

FRIDAY, February 13, 1863.

Mr. WOLFE, from the Committee on Elections, presented a majority report on the memorial in reference to the contested seats held by Senators Ray, Mellett, Tee-garden and Bearss. The report examined the question whether the office of Enrolling and Draft Commissioner was an office within the meaning of the Constitution of the State. The majority arrived at the conclusion that it is not, and report a resolution that Senators Ray, Mellett, Teegarden and Bearss are entitled to hold their seats as Senators on this floor.

Mr. LANDERS, from the same Committee, presented a minority report, reviewing the same subject at great length, and arriving at a different conclusion from the majority. The minority report the following resolution and ask its adoption.

Resolved, That any Senator who has, since his election and qualification to said office, accepted the office of Enrolling and Drafting Commissioner is ineligible to a seat on this floor.

On motion by Mr. LANDERS both reports were laid on the table, and two hundred copies ordered printed for the use of the Senate.

Mr. BEESON, from the Committee on Elections, reported adversely to the claim of Alexander White, the contestor of the seat of Senator Browne of Randolph, and submitted a resolution declaring that the latter was entitled to retain his seat, which was laid on the table.

Mr. BLAIR presented a majority report from the same Committee, adversely to the claim of Wm. H. Dills, the contestor the seat of Senator Dickinson, and declaring that the latter was entitled to retain his seat, which was also laid on the table.

A Committee report recommending that the bill S. 98 (see page 122) be laid on the table was concurred in.

PAY OF SOLDIERS.

Mr. MANSFIELD, from the Military Committee returned the joint resolution S. 9 (see page 117) recommending that it lay on the table, as there is a measure before the Senate proposing an increase of pay to the army.

Mr. HORD opposed the tabling of the joint resolution. It was the true basis for the pay of the army. The pay of the private soldier was fixed at $13 dollars a month when gold was the standard, and now he only gets that amount in a depreciated currency. Pay him in gold. It was right and just. The representatives of the people here should guard the interests of the soldier and his family, and he was satisfied that the plan contemplated in the resolution was the true one. It was unjust to pay them $6 50 a month instead of $13.

Mr. CORBIN made a similar argument in favor of the bill.

Mr. CLAYPOOL contended that legal tender Treasury notes were received in all ordinary business transactions at par, and the supposed depreciation was an error. It was the enhanced value of gold growing out of its scarcity. "Greenbacks," as they were derisively termed, should be received by everybody as the national currency of the country, and he held that all attempts to depreciate their value and to render such money odious; in the eyes of the people were unpatriotic. In his county there were scores of wealthy men of strong prejudices against the Government, who had by studied efforts induced many honest farmers to believe that the national currency was worthless. It was wrong to thus decry what every man who had an interest in the country ought to gladly accept as the circulating medium of the country. He had favored an increase of the pay ot the soldiers, but did not believe that they cared to be paid in gold when the money they received was such as to enable them to supply themselves and their families with whatever was necessary as cheaply as with any other available money. The gold could not be had, and it would be found impracticable to make payments in Treasury notes at their specie value, as that was a matter not easily arrived at He would gladly see all bank paper driven out of circulation and the vacuum supplied with United page: 148[View Page 148] States Treasury notes. Then we could have & uniform national currency in which the people everywhere would have confidence.

Mr SHIELDS favored the report of the committee. He could not see how it would be possible to determine the relative value of Treasury notes compared with gold, and such a policy as that proposed in the bill would load to confusion.

Mr. GRAVES said that he was distinct ly in favor of the increase of the pay of the common soldier, but that increase must be fixed and definite, and must not depend upon the fluctuations of gold in Wall street. The pay should be raised but made payable in legal tender notes, now the national currency. He agreed with the Senator from Fayette (Mr. Claypool,) that gold had appreciated, and that legal tender notes had not depreciated. In proof of this fact he cited the circumstance that a few years ago, and for aught he knew it was now the case, that Spanish dollars were 10 to 14 per cent, premium over gold in the city of New York. No Senator would contend that gold had then depreciated. The truth was that the demand for exportation had appreciated the value of those specie dollars. So now with gold It alone of our currency, would pay our debts in Europe, and hence the demand. It is no longer currency, but an article of traffic. As patriots we should encourage our legal leader currency, and all payments be in those funds. He should, therefore, veto in favor of laying on the table.

GENERAL KIMBALL.

Mr. COBB offered the following which was adopted:

WHEREAS, The distinguished patriot and soldier, Gen. Nathan Kimball, is in the city, therefore

Resolved, That he be invited to a seat in this Chamber, that a committee of three be appointed by the Chair to wait upon him and inform him of the passage of this resolution, and that the Senate give him a public reception, upon his introduction by the President.

Messrs. Cobb, March, and Shields, were appointed.

The committee soon after appeared, accompanied by Gen. Kimball, who was introduced to the President of the Senate by Mr. Cobb.

The PRESIDENT welcomed General K. to a seat upon the floor of the Senate and said that his services on the battle field in defence of the Union and the Constitution had endeared him to the hearts of the people of Indiana, and in behalf of the Senate thanked him for the gallant bearing he had shown in nearly twenty battles and hoped his health might be preserved for many years to enjoy the blessings of peace, to requite him for the Cnclurance, exposure and danger incident to war.

Gen. KIMBALL, in reply, returned his sincere thanks for the reception given him. He had done nothing to deserve it. Those who were entitled to the credit of whatever had been accomplished under his leadership were the soldiers who now sleep in soldiers' graves, and those who still lived to give up their lives, if necessary, in further defense of the country. The cause in which he and they were engaged was the cause of the restoration of the Union and the sustenance of the Constitution on made by our fathers, and be and the brave soldiers of our armies were still anxious to render further services, and to give up their lives, if need be, in behalf of this most sacred cause. He had ever endeavored to keep the fair fame of Indiana soldiers from being sullied, and he trusted that he might be able to carry back to such of Indiana's brave volunteers as belonged to this division of the army the assurance that the Senate of their beloved State was still willing to render them all the aid that was necessary to encure a vigorous prosecution of the war in which they had staked their honor and their lives until the Union could be restored again and the Constitution of our country recognized throughout the whole extent of our once united and happy land.

At the conclusion of these remarks Gen K. was loudly applauded by the Senate and lobbies, and invited to a seat on the right of the President's chair.

FREEDOM OF THE PRESS.

Mr. WOLFE called up the special order his bill [79] to protect the liberty of the press.

The question being on the amendment (Mr. March's) to the committee amendment--see page 128 of these Reports.

Mr. WOLFE. The design of the bill was to strike a blow at mobocracy in this country. There was nothing that was working a greater evil than this spirit of lawless violence. It was this spirit unchecked, in his opinion, that had brought the country to its present deplorable condition. He proposed to check the spirit by stringent legal enactments. The people must be taught to respect the law. They must not be permitted to take vengeance into their own hands for real or fancied wrongs.-- Loyalty meant obedience to the laws.--Acts such as are contemplated by the second section of the law could not be perpetrated where a wholesome public sentiment existed, and the section was framed to correct that sentiment wherever it was depraved. He characterized mob violence as worse than theft in its effects, and equal in moral turpitude. He said that we must legislate for the condition of tilings that surround us, and not as we would wish them. Newspapers were regarded in the several counties as their party organs, and to some extent the property of the parties whose principles they advocated. The destruction of one of these papers was felt. page: 149[View Page 149] as a blow at the party. and could not fail to arouse a spirit of revenge that would seek for redress. It was the duty of the Legislature to seek to prevent the state of things pictured by him. He saw from the papers that the Rockport Democrat, a few days ago, had been destroyed by a few soldiers, backed up by bad and disorderly citizens, and since the commission of the lawless act it had been necessary to keep soldiers in that county to prevent outbreaks. Pass this law and you would prevent such acts in the future. He replied eloquently in the argument that public sentiment in the absence of law, would hold a wholesome restraint over the press. An independent and unfettered press was the bulwark of our liberties, and he would preserve it pure and unsullied and unpurchased by power.

AFTERNOON SESSION.

Mr. CORBIN introduced a bill [119] repealing an act approved March 5, 1861, authorizing the Governor to obtain posession of all public arms and military equipments, to institute proceedings to recover the same, and providing for the distribution of the same, which was read the first time.

A committee report was concurred in recommending that the bill [S. 59] for the relief of John B. Redd, be laid on the table.

Mr. CORBIN offered a resolution which was adopted, requesting the Governor to inform the Senate what amount of arms he has distributed, where sent and for what purpose they were distributed.

The bill S. 38 (see page 80) was read the third time and finally passed by yes 33, nays 10.

ARMING OF NEGROES.

On motion by Mr. COBB his joint resolution [10] protesting against the enlisting and arming of negroes, was taken up.

Mr. REED moved to amend by striking out all after the first specification of the preamble and inserting the following:

AND WHEREAS, Great prejudice exists in the public mind against the negro race, it being regarded as inferior to the Anglo Saxon, and unfit to associate on terms of equality with the white citizen, and its employment in the military service of the country, as degrading to the white soldier, therefore,

Be it resolved by the Senate and House of Representatives of the State of Indiana, That our Senators in Congress be instructed and Representatives requested to use their influence to shape the provisions of the bill now pending before Congress for arming the negroes as aforesaid so as to secure the following ends:

  1. That such negro troops, so far as compatible with the good of the service, and the efficiency of the army be employed in separate departments in the military and naval service of the country, and not in immediate contact with white troops.
  2. That in officering such negro troops no rank higher than that of Captain be conferred upon persons of African descent, nor shall such person in any instance be placed in command over white officers or soldiers.

Mr. REED said that it was an undeniable fact that the blacks of the South would come within the lines of the Federal army for protection and it was proper that they should be put at some useful work. There were places in unhealthy regions where they could do military duty without being required to associate with white soldiers. He admitted the existence of the prejudice in the army and among citizens against the black race, and desired that negroes who might be armed should be placed where they would not come in contact with white soldiers.

Mr. WOLFE demanded the previous question, which was seconded by a vote of yeas 26, nays 20.

Mr. Reed's amendment was rejected--yeas 20, nays 25.

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