IN SENATE.
WEDNESDAY, February 25, 1863.The bill [S. 111] to apportion the State for Senators and Representatives, being the special order for 9 o'clock--
Various amendments were proposed and laid on the table.
Mr. RAY moved the previous question which was seconded by yeas 26, nays 20.
The bill was then passed by yeas 26, nays 8.
ARBITRARY ARRESTS.
The Military Committee, reported back the bill S. 143 with amendments.
Mr. RAY moved to lay the bill and report on the table, for the reason that a bill introduced by him, and other bills of a similar character had been before the Judiciary Committee. They had considered these bills and had considered his bill, and recommended its passage. The bill recommended by the Military Committee the Judiciary Committee did not; consider as constitutional. The bill he proposed was a copy of the New York code, and it was considered by legal gentlemen to cover the whole ground, and would amply secure the citizens of Indiana from illegal arrests.
Mr. LANDERS called for the reading of both bills, that the Senate might be the judge of the merits of them. All he desired was the protection of citizens. In his opinion our Government was fast hastening to the condition of a military despotism, and it was the duty of this Legislature to throw all the safeguards possible around the citizens.
The bill and report were laid on the table.
page: 173[View Page 173]A FALSE RECORD OF A VOTE.
Mr. WRIGHT arose to a question of privilege. He said his name was recorded as voting against, the apportionment bill, when the fact was that he was not in the Senate when his name was called and did not vote.
Mr. CLAYPOOL moved to correct the tally paper and the record of the vote so far as Mr. Wright's vote affected the same.
Mr. BEARSS said he knew Mr. Wright was not in his seat at the time his name was called.
Mr. RAY said if gentlemen will hide in the corners and closets and dodge about to defeat what they all acknowledge to be a fair and just measure, they should not complain.
Mr. BEARSS said he was out to defeat the passage of the bill. He intended to do so if he could.
Mr. MARCH said such action was fraud and forgery and if the Senate bolstered up the conduct of its Principal Secretary, it was equally guilty of committing a fraud and a forgery.
Mr. DUNNING said the Senator had the right to have the tally paper corrected when it was a falsification of the truth so far as his own vote was concerned, though such falsification was no doubt unintentionally. He thought the Senator's own statement ought to be conclusive.
(The Principal Secretary, in explanation, said he heard distinctly some one say "no" when Mr. Wright's name was called, and made the entry accordingly. He supposed it was Mr. Wright that gave the vote.)
Mr. BEARSS said he and Mr. Wright went out of the Senate Chamber during the reading of the bill, and did not return until some time time after it had been announced that the bill was passed.
Mr. RAY moved to amend the motion to correct the tally paper, in regard to the rote of Mr. Wright; and to show that the Senator from Henry (Mr. Mellett) was in the Chamber, and not voting.
Mr. JOHNSTON made appoint of order. The time to correct the tally paper was on the reading of the journal in the morning.
The PRESIDENT (Mr. Shields in the chair) overruled the point of order.
Mr. RAY spoke to his amendment. In contemplation of law the journal was being made all the time. He desired the whole proceeding to appear of record. He was willing, although the proceedings was irregular, to have the tally paper corrected in regard to the Senator from Jasper; but he insisted that the Senator from Henry should be noted also as present and not voting. He would make the Senator himself a witness. It would not alter the result in that event.
Mr. MELLETT contended that he was not in the Senate at the time the vote was taken. He was in the lobby, and he contended that the lobby was no more a part of the Senate Chamber than the library room below was a part of it.
Mr. WILLIAMS said that at the last session the gentleman's friends always counted those in the lobbies as present and not voting. It was their invariable rule. He favored the amendment to the motion.
Mr. COBB read from the journal of last session when Senator Miller entered his protest against the passage of the bill to reduce the prices paid for public printing and also another case. These Senators in both cases were without the bar, and entered as present and not voting. That Senate refused to correct the journal and he believed they were right.
Mr. MARCH read from Gushing on parliamentary law to show that the bar was the limit of a Legislative body.
Mr. BROWNS, of Randolph, moved to amend the amendment by adding that the Senator was within the room, but without the bar of the Senate when the vote wan taken.
Mr. LANDERS stated that during the time the vote was being taken, he saw the Senator from Henry walk out, and immediately after he saw the Senator very comfortably seated just outside of the bar reading a newspaper.
Mr. WOLFE wished the motion an amended to pass. It would show the facts as they existed, and the Chair could decide what effect would be had. He did not desire, the passage of the bill as it stood, and only voted for it because he saw the minority on the floor bolting to defeat the bill.
Mr. MELLETT was satisfied with the position the amendment placed him in.-- He was represented as comfortably reading a paper outside the bar, and he did not dispute the statement.
Mr. WILLIAMS moved to refer the whole matter to a select committee.
Mr. COBB would vote for the reference, if that would be satisfactory to the minority. He would tell gentlemen, however, who were striving to obstruct legislation, that for himself he would not vote a dollar of appropriation until this bill and other needful measures of legislation were passed.
Mr. CLAYPOOL would go home and leave his district unrepresented, if bills were declared to be passed as this one had been.
Mr. WILLIAMS would withdraw hit motion to refer, if the vote could be taken without further debate on the motions and amendments.
The amendment was laid on the table by yeas 23, nays 20.
Mr. WOLFE offered the following:-- That upon the vote taken on the question page: 174[View Page 174] of the passage of Senate bill 111, the Senator from Jasper is recorded by the Secretary as being present and voting in the negative, and the said Senator afterwards states to the Senate that he was not in the Senate Chamber when the vote was taken; it is therefore ordered that the record be corrected so as to show that the Senator from Jasper was not present, and did not vote on said question. That upon the question of the passage of the same bill the record does not show that the Senator from Henry was present and failed to vote when his name was called; the fact being: that, said Senator was present in the lobby of the Senate Chamber when the vote was taken, and he failed to vote when his name was called. It is ordered that the record be corrected so as to show that fact.
This was accepted by Mr. Ray, and agreed to by the Senate.
Mr. JOHNSTON offered a resolution, which was adopted, that the House return to the Senate instanter, bill 111 of this body.
AFTERNOON SESSION.
Mr. BRADLEY, from Finance Committee, reported back the bill [S. 106] to provide for the prompt payment of the soldiers from Indiana, with amendments. The amendment appropriate $2,000,000, and that the officers of State be associated with the Governor in the negotiation and management of the fund.
Mr. HORD did not know that he was prepared to vote for the appropriation just now. The Senate had asked the Governor, by resolution, what amount was due to soldiers from this State, and his Excellency would not condescend to reply. The State might borrow money and pay interest on it, and a large portion of it might not be required, and thus it would lay in the vaults of the treasury--the interest a dead loss to the State. It was asking but little to be informed of the amount required, and yet that little remained unanswered.
On motion by Mr. DOWNEY, the bill was amended, by adding in the proper place the following:
Provided however, that if there is not enough to pay both the officers and soldiers, the non-commisioned officers and soldiers shall be paid the amount due them, before any sum shall be paid to the commissioned officers.
Mr. COBB moved to amend so as to confine payments exclusively to non-commissioned officers and privates.
The amendment was warmly urged by Messrs. LANDERS, COBB and WOLFE, and opposed by Messrs. CLAYPOOL, McCLURG, RAY. MANSFIELD, REED and MARCH.
Mr. SHIELDS demanded the previous question which was seconded.
The amendment was rejected by yeas 11, nays 23.The bill was then ordered to be engrossed.
LEGISLATIVE APPORTIONMENT.
On motion by Mr. COBB the bill [S. 111] was taken up and passed by yeas 26, nays 18.
A NATIONAL CONVENTION.
Mr. BROWN, of Wells, notified the Senate that a special order existed for this hour, which was the consideration of bis resolution introduced yesterday, instructing the Committee on Federal Relations to report, on Saturday, in favor of an armistice and peace convention.
Mr. WOLFE moved to postpone the special order until this day two weeks.
Mr. BROWN, of Wells, said that he would call the yeas and nays on that question, he desired to see what Senator here would thus refuse to meet she questions involved in the resolution which was to be considered at this time. The people of the Mate shall know what Senators upon this floor are not disposed to carry out the wishes of the people in this direction. If the Senator from Harrison (Mr. Wolfe) could go back to his people without representing their will on this subject let him go; he (Mr. Brown) could not go back to his constituency with a clear conscience if he did not exert his efforts, humble though they were to secure to them the objects contemplated in the resolution.--But he trusted the motion to postpone would be withdrawn for the present, in order that the views of the people upon these topics might be represented here.
Mr. RAY said the question would call up an exciting party debate, and he was opposed to such debates now.
Mr. BROWN, of Wells, said that it was well known that the joint resolutions, referred to in the resolution now before the Senate, had been introduced by him, and had been the subject of much comment-- He had been branded as an enemy to his country; had been grossly assailed in the other end of the Capitol, and it was but just to him that he should have an opportunity to be heard in defense of his measures. If the question to postpone prevailed, the resolution would be defeated. Two weeks from today the Senate would not be in session. The Senator from Jackson (Mr. Shields) intimated a desire to have the resolution go to the Committee on Federal Relations. The success of such a motion, equally with the motion to postpone, would kill the resolution by consigning it to an everlasting sleep.
Mr. WOLFE explained that his object was not to stifle the gentleman. The Committee on Federal Relations would soon report, he could then be heard. He withdrew his motion.
On motion by Mr. SHIELDS the resolutions were referred to the Committee on Federal Relations by yeas 32, nays 13.
page: 175[View Page 175]FREEDOM OF THE PRESS.
On motion by Mr. WOLFE, bill 97 to protect the liberty of the press, was called up.
Mr. MELLETT moved to recommit, with instructions to provide that if it should be proved that any paper whose press had been destroyed had uttered treasonable or disloyal sentiments, no damage should be collected; yeas 16, nays 26.
The previous question was demanded and seconded, and the bill passed by yeas 26, nays 17 as follows:
YEAS--Messrs. Bradley, Brown, of Wells, Cobb, Corbin, Davis, of Cass, Douglass, Dunning, Ferguson, Finch, Gaff, Gifford, Graves, Hartley, Hord, Jenkins, Johnston, Landers, McClurg, Marshall, Moore, Murray, Ray, Shields, Williams, Wilson, and Wolfe--26.
NAYS--Messrs, Bearss, Berry, Blair, Browne, of Randolph, Claypool, Dickinson, Downey, Grubb, Mansfield, March, Mellett, New, Pleak, Reed, Tee-garden, White, and Wright--17.
On motion by Mr. Claypool it was--
Resolved, That when the Senate adjourn it adjourn until Friday morning next.
INVESTIGATING COMMITTEE.
Mr. BROWN, of Wells, from the select committee appointed to investigate the State Quartermaster General's Department, reported a joint resolution [15] granting leave to the committee of the senate and the House to set jointly, after the adjournment of the Legislature, for the transaction of the business for which they were appointed. The joint resolution was read the first time.
RAILROAD MANAGEMENT.
Mr. WILLlAMS called up the bill [H.R.94] to enable railroads incorporated in other States with their termini on the line of this State to acquire the right of way and make connections in this State, &c., which was read the third time and passed by yeas 42, nays 2.
BENEVOLENT INSTITUTIONS.
Mr. COBB called up his bill [S. 47] for the government of benevolent institutions.
Several ineffectual motions were made to stave off the vote.
The bill was read the third time and put upon its passage. The vote stood--yeas 26, nays 6--no quorum voting.
