IN SENATE.
TUESDAY, February 24, 1863.Mr. CLAYPOOL introduced a joint resolution. [14] expressing the opinion of the Legislature in condemnation of desertions from the army, which was read the first time.
NEW PROPOSITIONS.
The following bills were introduced,read the first time, and severally passed to the second reading :
By Mr. COBB [154] an act to amend sections 3, 5, and 6 of "An act to provide for the government and discipline of the prison, and to repeal an act to provide for the government and discipline of the State Prison, approved March 3, 1855, and all other laws or parts of laws inconsistent herewith," approved February 5. 1857.
By Mr. BRADLEY [155 requiring all persons hereafter sentenced to confinement in the State Prison to be conveyed to the State Prison at Jeffersonville; providing for the transfer of convicts from one State Prison to the other, and repealing an act to authorize the removal of convicts from the Southern State Prison to the Northern.
By Mr. REED. [156] to amend the 4th section of " an act in relation to County Auditors," approved May 31, 1852.
page: 168[View Page 168]By Mr. WOLFE, [157] defining the offences of unlawful seizures, arrests, imprisonments and removals of persons in or from this State; prescribing punishment therefor, and declaring when this act shall take effect.
By Mr. RAY, [158] to provide for the printing and binding of two thousand copies of the laws passed at the regular session of the General Assembly in the year 1863, in the German language, and for the distribution and sale of the same.
By Mr. MARCH. [159] regulating the fees to be charged for the services of the Clerk of the Supreme and Circuit and County Auditors, the disposition to be made of the same, and to repeal all laws inconsistent therewith.
By Mr. NEW, [160] to amend section 12 of "an act to fix the times of holding the Common Pleas Courts in the several counties of the State, and repealing all laws inconsistent therewith," approved March 5, 1859.
On motion by Mr. HORD, the bill S. 33--see page 80--was taken from the table and referred to the Judiciary Committee.
The bill, [S. 80] to amend the liquor law, was laid on the table; by yeas 24, nays 17.
Mr. BROWNE, of Randolph, offered a resolution that no more leaves of absence be granted, and that the roll be called each morning after the reading of the journals, and the absentees noted. Laid over until to-morrow,
AFTERNOON SESSION.
Mr. CLAYPOOL offered a resolution calling on the Committee on Elections to report its action on the contested election case of Messrs. Murray and Baker, which was laid on the table; by yeas 19, nays 13.
WORK FOR COMMITTEE.
Senate bills 149 to 153 inclusive--introduced Saturday--were read the second time and appropriately referred; except 150, 152 and 153, which were ordered engrossed.
FREEDOM OF THE PRESS.
The bill [S. 79] to protect the liberty of the press, being the special order, it was taken up.
The question being on the amendment to the committee amendment--see pages 128 and 148 of these Reports--
Mr. MARCH explained his amendment. It was to strike out the section allowing injured parties to collect damages from cities, towns and counties.
Mr. REED objected to the entire bill, and more particularly to the second section. He considered it wrong to hold one man liable for another man's wrong,
Mr. RAY made a clear, concise and logical argument in favor of the bill and in defence of the second section. It was competent for the Legislature to define an offence, and to prescribe penalties for it. The principle of making city corporations responsible for injuries sustained by their neglect was right and just. There could be no question of its justice. He considered the policy of the section, and contended that it was required in the present excited state of the public mind. He admitted the abuse of the press, but with all that we cannot do without it, and a bold, manly, and independently conducted press was a safeguard to our liberties. Let us tolerate the evils to secure the greater good. A shield should be thrown around it. The law, in these times of excitement should come in and stay the hand of violence; it was both just and politic.
Mr. CLAYPOOL was opposed to the bill, and would offer amendments at another stage. He was in favor of the liberty of the press and the liberty of speech.--The provisions of the bill should be ex tended. If it is right in one case it is right in another. He would offer an amendment to make the provisions of the bill work the other way. If a party got a judgment against the editor for slander and failed to collect it, let him go back to the county for it. He contended that all the little papers throughout the country whose subscription lists were about run out, would publish such articles for the sake, of selling out under this bill. He contended that public sentiment was the best regulator, and there was scarcely an instance of a press being destroyed that had not outraged public sentiment.
Mr. RAY. What does the gentleman think of the destruction of Lovejoy's press in Illinois, and the press of Cassius M. Clay in Kentucky ?
Mr. CLAYPOOL admitted that the papers alluded to had been destroyed. The public sentiment of the country was opposed to them and it was in bad taste to aggravate it by publications in the midst of such sentiment. There was no loyal paper in the North in danger from a mob.
Mr. COBB. The Senator from Fayette (Mr. Claypool) guarantees the safety of all loyal newspapers. That term loyalty has become a relative term. Who was to construe loyalty? If the Senator from Fayette was to be the judge it would not include all the newspapers now published. People differed in their interpretation. The principle of the bill is a good one. When you look behind all ho mobs that have disgraced the land, you find men of means and influence urging on the reckless among them. By this bill you reach that class of men, and it is the best means of putting a stop to mobs. In reply to the argument that public sentiment would control the press, he admitted that it could : and should. They had the power to put it down by withholding patronage from it, and that was the only way that a press or a any lawful business should he put down.
page: 169[View Page 169]Mr. BROWNE, of Randolph, had always, from his earliest recollection, condemned mob violence. He was willing to vote for the penal part of the bill, and he would enforce it. He was glad to see his Democratic friends get up to the point of the free expression of opinion. He was in favor of agitation where evil existed, and he was opposed to meeting a free expression of opinion with brick-bats and stores. In days gone by the Abolition presses were mobbed. He opposed such acts then, and he would oppose them now. But he was opposed to making municipalities responsible for acts such as this bill contemplated. It was inflicting a penalty on innocent men.
Mr. MELLETT criticised the bill, particularly the second section, contending that it would be inoperative in courts. He contended, also, that the principle of the bill was wrong.
Mr. WILLIAMS would like to know how far a paper could go before it could be called treasonable. Senators here, by their arguments had rather justified mob violence. He would read an article to them, and ask if it was treasonable. He read a violent denunciation of the corruptions of the Administration from the Cincinnati Times, and asked what Republican Senators thought of that?
Several Senators replied that the extract would make good Democratic capital.
Mr. WILLIAMS. But if a Democratic paper had published the extract it would have been pronounced treasonable.
The amendment was rejected; yeas 15, nays 24.
Mr. CLAYPOOL offered, an amendment to include other property as well as printing- presses; and also to make corporations and communities liable when judgment against an editor for libel cannot be made.
The amendment was laid on the table; by yeas 25, nays 13.
Mr. MARCH moved to amend by making the provisions of the bill apply to public speakers, remunerating them for injury in person or property.
Mr. BROWNE, of Randolph, moved to amend the amendment by striking out the second section and inserting the following:
SECTION 2. That in case a Democratic printing press is destroyed by mob violence, the Republicans and Unconditional Union men of the city, or town, or county wherein the same is destroyed, shall be liable for the damages thus done; and in case an Abolition, Republican or Unconditional Union press is destroyed by such violence, the Democrats of such city, town or county shall be responsible for such damages. The said damages may be recovered in an act of debt, to be brought in name of the owner or owners of the press as plaintiff, and against the political party as aforesaid, by name, as defendant.
Mr. COBB moved to lay the amendments upon the table.
Upon a division of the question the amendment to the amendment was laid on the table, yeas 28, nays 11; and the amendment was also tabled; yeas 25, nays 14.
Mr. MARCH made an ineffectual motion to lay the bill on the table: yeas 15, 24.
The bill was then ordered to be engrossed.
A NATIONAL CONVENTION.
Mr. BROWN, of Wells, offered the following:
Resolved, That the Committee on Federal Relations, to whom was referred Senate joint resolution No. 6, entitled: "A joint resolution proposing a general convention of all the States in the Federal Union, including the so called Confederate States, with a view to the restoration of the Union with all the dignity, equality and rights of the several States unimpaired," is hereby instructed to report to the Senate, on next Saturday morning, the 28th inst., the said joint resolution, with such amendments, if any shall be necessary, as shall make the said joint resolution embrace the following Propositions:
- An indorsement of the fallowing language: "Suppose you go to war, you cannot fight always and when, after much loss on both sides, and no gain on either, you cease fighting, the old identical questions as to terms of intercourse are again upon you."
- Asking the Chief Executive of the nation to establish an armistice, with a view to a convention of all the States, including the so-called Confederate States, for the restoration of the Union with all the dignity, equality and rights of the several States unimpaired.
- Asking the present Congress to provide for such convention.
- Inviting each and every State in the Federal Union, including the so-called Confederate States, in the event of the present Congress failing to provide for such convention, to meet Indiana in such convention, at Louisville, Kentucky, on the 1st day of June, or not later than the 4th day of July 1868, with a view to the restoration of the Union with all the dignity, equality and rights of the several States unimpaired, and providing that should not three-fourths of all of said States send delegates to said convention, for the reservation to Indiana of the right to withdraw from such convention at pleasure, and to consider the action of such convention as of no binding force and effect.
- Providing for the election, from the State at large, of delegates to represent Indiana in such convention.
On motion by Mr. BROWN, of Wells, the resolution was made the special order for 2 p. m. to-morrow.
On motion by Mr. WILLIAMS, the bill H. R. 94--see page 88--was read twice and ordered engrossed for the third reading.
