IN SENATE.
FRIDAY, February 27, 1863.Mr. SHIELDS, from the Committee on Elections, reported a resolution that Chas. L. Murray is not entitled to the seat as Senator from the counties of Elkhart and Lagrange, but that John H. Baker is.
Mr. JOHNSTON moved to postpone the farther consideration of this mutter until the 7th of March.
Mr. CLAYPOOL opposed the motion, stating that its effect would be to postpone the matter till after the adjournment of the Senate. If Mr. Baker was entitled to his seat he should have it at once.
Mr. JOHNSTON said that he made the motion so as to expedite business. But one week remained in which to pass bills, and as discussion must arise on the question, it should be passed over for the present.
Mr. BEARSS hoped that the question would not be postponed. The Committee had decided that Mr. Baker was legally entitled to his seat, and it was a plain question that should cause no discussion. H should be decided at once.
Mr. BROWN of Wells favored postponement.
Mr. MURRAY thought it strange that repeated efforts should be made by his party friends to oust him from his seat. The Senator from Fayette (Mr. Claypool) had persisted in traveling into his district to, interfere with the will of his people. It was because he had refused to make himself a tool of that Senator--to wear a collar on which was inscribed: "Senator Murray, my dog." It was because he had refused to forget his duty to his constituents and join the revolutionary schemes of his party friends. He knew well the tricks and party schemes of that Senator. He refused to go at the beck and bidding of men who assumed to be the leaders of the Republican party.
When these gentlemen violated the rules of this Senate by their disorganizing proceeding, the other day, for the purpose of defeating a bill which we were obliged by our oaths as Senators to pass. I refused to go at the beck of men who attempted to be leaders on this floor is that thing. And when these gentlemen, in the after part of the day, came in and consented to the passage of the bill which they undertook to defeat, in that respect they put me were I want to stand, as acting in the discharge of my duty; and they placed themselves, in defiance of their duty, in a position condemning themselves and stultifying their own action by consenting to the passage of that bill which they tried to defeat. And what was the reason they did not again break a quorum? Why, sir, because the Senate hall was packed, as it is to-day, by Republicans who had come up to the capital to attend the meeting of the day following, and they dare not, in the face of Republicans representing different parts of the State, do such a revolutionary act as those Senators had done but a few short hours before. That is my honest conviction, sir, about that.
I know, sir, very well, all the power and influence ef party discipline; but while holding a seat in the other branch of this capitol, and while holding a seat, in this Senate chamber; I have on all ocasions, page: 177[View Page 177] before my constituents and before God, attempted to discharge my duty, with a conscientious conviction of that duty, and according to my own best judgment. I know I have been met with arguments that a man representing a party had no right to plead his conscience or his judgment. I know arguments have been used that whatever pledges we have made to the people, we have no right to carry out those pledges, but it was, on the contrary, our duty to violate those pledges; and, if necessary, disorganize this Legislature and prevent the carring out of those legitimate objects for which it was convened. These were the arguments brought to bear upon me to control my action as a Republican--a better Republican than these self-styled leaders dare ever be a Republican that never gave a Democratic vote. Never, sir. A Republican, sir, that has been an advocate of the politics of that party which has laid its very foundations broad and deep in the counties he represents, as is well known to every Senator on this floor from that part of the State. One who, when the first demand of the President of the United States was made for volunteers, left his seat in this hall, sir, as is well know to this Senate, and as a private soldier went into the ranks and shouldered a musket, and there remained during the entire time of enlistment. And when that demand was repeated I left my family and my home, and for nine months served in the Army of the Mississippi; and now I stand before God, my country, and the world self acquitted. How stands the question here? Upon a technical quibble, growing out of my services as a private soldier and officer in the army, these Republicans undertake to oust me from my seat; and then they go out upon the street and plead that they are the only loyal people in this State-- the only defenders of the Union and the flag of our country! Shame on them, I say. And I will say farther, that I have not only seen here, but in my own District I have found more genuine sympathy in the cause of my country existing on this floor than among those men to whom I should think I ought to look for it. [Mr. Mellett desired to obtain the floor, but Mr. Murray remarked, "I expect the Senator is uneasy," and proceeded as follows:]
Mr. President, I say, sir, that these are some of the influences attempted to be thrown around me and compel my votes, and because I have refused to lend myself as a mere machine to act contrary to my judgment. I say before this Senate what I know, that contrary to the judgment of a majority of my political associates, these Senators introduce resolutions day after day for the purpose of ousting me from my seat, for reasons growing out of my services to my country. If I wanted to come back to this Legislature or this seat, or to run for any other office before my people, I would not want better capital than could be made out of these disgraceful acts. I mean revolutionary acts, for it is revolutionary, and is in the same identical spirit of those traitors of the South who are attempting to secede from this Union, as these gentlemen have frequently from this Legislature. I say, sir, it is the same spirit of those rebels--it is a revolutionary spirit. [That's so!] When a leader of the Republican party in the House of Representatives undertook to admit that revolutionary measures were right, he attempted to commit the Republican party to what, sir? To the very doctrine of those traitors of the South who desired to break up this glorious Confederacy of ours. As a Republican at that time, I repudiated such doctrine, and I take this occasion to repudiate it again, sir. Secession is revolutionary, contrary to the forms of law, and is not and cannot be justified. Now, sir, I shall wait till I hear from the honorable Senator from Henry, [Mr. Mellett.]
Mr. MELLETT. The honorable Senator from Wells [Mr. Brown] had suggested that sixty-one days is not long enough to determine the contested seat cases. The question before the Senate is not as to whether I am entitled to this seat or not, but how much service must the Senator from Elkhart give to the democratic party to purchase his seat here? He tells us the Senator from Fayette would put a collar on his neck and call him Senator Murray, my dog." But he has allowed the Democratic party to put the collar on him--
Mr. MURRAY (interrupting:) I deny it. It is false, I say you are a liar when you say it, sir--a base and cowardly liar.
The PRESIDENT. The Senator from Elkhart will take his seat. The Senator from Henry will be kept in order. The Sergeant at Arms will tike charge of both Senators.
Mr. MELLETT (resuming:) That is the complication that arises. What I said in reference to this matter is a matter of history--a matter of truth. It is as well an established fact as anything that appears upon the journals of this session. Now, I sir, stated from the first that I was ready and willing for the question in regard to my seat to come up. I have no desire to retain my seat. I would not beg to have my seat here. I prefer, personally, to go home. No Senator upon this floor will say that I have not been at all times anxious to have that question settled, and it ought to have been settled.
Now I make another statement. The gentleman wants to know why the questions in reference to the Senators from Miami, Laporte, Shelby, and myself, have not been settled--why we are pressing his case and not ours. I say it sir, and I challenge contradiction when I say that page: 178[View Page 178] there is not a Senator upon this floor who has not been from the start, of the opinion that the Senator from Elkhart was not entitled to his seat. There may have been some question as to whether Mr. Baker is entitled to his seat, but not one Senator will rise and say that Senator Murray has been entitled to his seat; and yet the gentleman from Wells says he wants time to investigate the complication.
The very Senators who are insisting that the seats of the Senator from Shelby, and myself, ought to be declared vacant, are the very Senators begging for the Senator from Elkhart. Why do they do it? If we are not entitled to our seats on account of having an office, can they have any doubt as to the Senator from Elkhart? None under heavens. Then why beg to have the matter of the Senator from Elkhart delayed? It is but a matter of justice to the gentleman claiming that seat to have this matter settled; and it is a matter that the Democratic party on this floor owe to themselves to say they are not defering this matter. The Senator from Elkhart may serve them a better purpose than the other Senators--the young Democratic Senator from Elkhart. [Laughter in the lobby by one or two voices.]
The PRESIDENT: Order must be kept in the lobbies or they will be cleared.
Mr. MELLETT: He has never deceived me since the first two weeks I made his acquaintance. I always knew he would not do to be trusted, and I say to his Democratic brethren, don't trust him out of your sight. If you do, you are sold out just as sure as you do it. The gentleman [Mr. Murray] says he remained in his seat when the Republican Senators were bolting. If he did, there were two other Republican Senators in. A man that would beg for his seat upon this floor, begging time and again--who would face upon his constituents who elected him, and face upon the men who he says he came here to act with, for the purpose of keeping his seat, is not to be relied on and not to be trusted. I insist, we are doing injustice to him properly entitled to a seat upon this floor--Mr. Baker. The Committee on Elections have decided unanimously against the Senator from Elkhart and, I am informed, without hesitation from the start; and yet the Senator is begging and asks that this matter shall be postponed. If gentlemen see proper to postpone this case till the last day of this session it will be done over my vote and by reason of the complications Involved in the question I speak about.
Mr. COBB called the Senator to order. His remarks were offensive not only to the Senator from Elkhart, but to the Senate. They were unparliamentary.
Mr. MELLETT explained that the Senate owed it to themselves to settle this matter. The people might impugn their motives. This was all he designed to say.
The PRESIDENT hoped that gentlemen would discuss the question without excitement.
Mr. MURRAY said that the Senator from Henry could not point to a single vote on any question, when National questions were involved, where he had not recorded his vote with his party friends.
Mr. BROWNE, of Randolph, asked if he did not vote for the rejection of the Corinth resolution?
Mr. MURRAY did so vote, but there was no national question involved there. The resolutions were disrespectful to the Senate. He voted against an amendment offered to the printing office bill by the Senator from Henry, and that gentleman then called him a "d--d traitor to the Republican party." He could not resent the insult then as a man should, and perhaps he was a little warm in his reply to the imputations cast upon him this morning by the Senator from Henry.
Mr. MANSFIELD said that he had always been a friend of the Senator from Elkhart (Mr. Murray) but as he had attempted to make it appear that the minority here were revolutionists, it was proper for him to say that, in a caucus, when he (Mr. Mansfield) had opposed the proposi-tition to bolt, the Senator made no opposition, but asked the privilege to come into the Senate and sit there, that it might not injure his chances of keeping his seat, knowing that his presence could not help to make a quorum.
Mr. SHIELDS, in behalf of the Election Committee, declared that it had not been influenced by the motives alleged by the Senator from Henry (Mr. Mellett). The delay in making a report was because it was a long, litigated case.
Mr LANDERS demanded the previous question.
The demand was seconded, and the motion to postpone agreed to; by yeas 24, nays 21.
A report from a committee, recommending that the bill S. 88, (page 118;) be laid on the table, was concurred in.
RELATING TO CORPORATIONS.
Mr. Bearss' plank road bill, (see page 122,) was read the third time and passed; by yeas 26, nays 15.
PAY OF SOLDIERS.
Mr. HORD offered a resolution, which was adopted, requesting Governor Morton to respond to the inquiry of the Senate in regard to the amounts of pay due the soldiers from Indiana.
NEW 'PROPOSITION'S.
Mr. HORD offered a joint resolution [16] declaring that the conscript law passed by Congress was subversive of State sovereignty, and its enforcement should be legally resisted.
page: 179[View Page 179]The following bills were introduced, read the first time, and severally passed to the second reading, to-wit:
By Mr. FERGUSON, [161] to enable Courts of Common Pleas to hold special terms at any point agreed upon. (Read twice under a suspension of the rules.)
By Mr. HARTLEY, [162] to amend section 14 of an act providing for the election and qualification of Justices of the Peace, approved June 9, 1852.
By Mr. LANDERS, [163] to amend the 18th section of an acct for the organization and regulation of the Indiana militia, approved May 11, 1861.
By Mr. DOWNEY, [164] providing for the payment of the Indiana Legion and other troops for services in defending the Ohio River border, and providing payment of other expenses of said troubles during the time of such service, (Rules suspended and read twice.)
By Mr. CULVER, [165] requiring Recorders to record stamps on instruments, or otherwise indicate the fact whether the same is stamped or not, and making the record thereof, or copies of the same evidence of such facts, (Rules suspended and read twice.)
By Mr. JOHNSTON, [166] to establish an Agricultural College, to teach such branches of learning as are relative to agriculture and the mechanic arts, military tactics, normal school instruction, and such other scientific and classical studies as the Board of Trustees of said College may direct, and to appropriate revenues for its endowment support and maintenance, and to provide a Board of Trustees for its management.
By Mr. WRIGHT, [167] to authorize the sale of land deeded to the State by M. G. Bright, lying in Jasper and Newton counties, and prescribing the manner of making such sale, and granting pre-emption to attract settlers on said land.
AFTERNOON SESSION.
On a motion by Mr. BROWN, of Wells, his joint resolution, [15]introduced day before yesterday--authorizing the Committee to investigate the State Quarter-master's Department, to sit after the adjournment of the Senate, was read the second time.
Mr. BROWN, of Wells, moved to suspend the rules and read the resolution the third time.
Mr. MARCH moved to amend by making the joint committee to consist of five instead of nine. He was opposed to the entire measure, but if it was decided to have the Committee sit after the adjournment, five could do just as much work as nine. There had been no fact presented yet to the Senate that, in his opinion,would justify the authorizing the committee to sit.
Mr. BROWN, of Wells, read from the report of the Congressional Committee, made to Congress by Mr. Washburn, to show the necessity of the investigation, and the importance of the matters to be investigated.
Mr. JOHNSTON moved to amend the amendment by making the number three, one from the Senate and two from the House.
Mr. BROWNE, of Randolph, said that it was simply absurd to suppose that the committee could investigate matters of the importance proposed during the sitting of the Senate. It would take all their time. He thought also the number in the resolution (nine) was not too large. The affairs not only of the Quartermaster's Department, but of the Commissary Department, the Arsenal, and the purchase of arms, needed, investigation. There was much work to do. On the score of expense gentlemen need not think there would be any unnecessary expense. It is time that investigations should be had, and if corruptions existed they should be exposed.
Mr. MELLETT did not think a committee of nine too large. If they attempt to examine all the vouchers it will take them two years; but if they only investigated cases of alleged fraud, it could be done in two or three weeks.
Mr. CLAYPOOL was opposed to the appointment of the committee. The Government had already settled the claims that the Congressional Committee attended to. But if it was raised; three would be sufficient.
Mr. DUNNING (Mr. Cobb in the chair) said that if the committee was reduced to three the Senate would have to appoint either a Democrat or Republican, and one party in this chamber would not be represented on the committee. It was useless to deny that there was more or less party feeling in the matter, and parties should have a fair representation in the investigation. The committee should not be less than five, although he would prefer nine. If the State authorities should come out clear, their reputation would be enhanced. He gave them the benefit of the law, and believed them guiltless, and would believe them guiltless until they were proved criminal. The people demanded it, and they should be gratified.
An amendment, making it two from the Senate and one from the House was adopted; by yeas 32, nays 15.
The motion to suspend the rules was rejected; by yeas 16, nays 30.
Mr. BLAIR made an ineffectual motion to amend by limiting the sitting to thirty days, and, to strike out all that empowers the committee to employ a Clerk and Doorkeeper.
On motion of Mr. BROWNE, of Randolph, the joint resolution was referred to a select committee.
page: 180[View Page 180]ARBITRARY ARRESTS.
On motion by Mr. RAY, his bill 114, (see page 146) was read the third time and passed; by yeas 29, nays 11.
NEW PROPOSITIONS.
The following bills were introduced, read the first time, and severally passed to the second reading:
By Mr. FERGUSON, [168] to prevent the abandonment of plank, turnpike roads, McAdamized and gravel roads in certain cases, and declaring who shall not be liable to pay toll on such roads in certain cases.
By Mr. HORD, [369] to amend section one of an act to amend section seven of an act entitled an act to fix the times of holding the Common Pleas Courts in the several counties of this State, approved March 5, 1859, so as to change the time of holding said courts in Jackson and Bartholomew counties, and declaring when this act shall take effect, approved March 9, 1861.
BREVIER LEGISLATIVE REPORTS.
Mr. CORBIN offered the following:
Resolved, That the Doorkeeper be directed to contract with W. H. DRAPIER, for six hundred copies of the BREVIER LEGISLATIVE; REPORTS--being the usual number furnished for the use of this Senate every session since 1857--the same to be sent by express, an equal number of copies to each Senator, as soon as possible after the adjournment of the session--provided said Reports shall not cost more than one dollar per copy.
On motion by Mr. RAY, the resolution was amended by providing that one copy for aach Senator should be bound.
On motion by Mr. CLAYPOOL, the resolution was further amended "so as to require the copies to be furnished within 60 days from the adjournment."
Mr. MOORE made an ineffectual motion--affirmative 15, negative 22--to reduce the number of copies to 300.
On motion by Mr. HORD, the vote agreeing to the amendment restricting the time of publication to 60 days was reconsidered.
The question recurring on the amendment (Mr. Claypool's)--
On motion by Mr. HORD, it was laid on the table.
On motion by Mr. CLAYPOOL a proviso was added " that said Reports shall not be paid for till printed."
The resolution, as amended, was adopted by yeas 27, nays 19--as follows:
YEAS--Messrs. Blair, Bradley, Brown, of Wells, Cobb, Corbin, Davis, of Cass, Bickinson, Douglass, Downey, Dunning, Ferguson, Finch, Gaff, Giiford, Graves, Hartley, Hoagland, Hord, Landers, McClurg, Marshall, Murray, Ray, Reed, Williams, Wilson and Wolfe--27.
NAYS--Messrs. Bearss, Berry, Browne, of Randolph, Campbell, Claypool, Culver, Davis, of Parke, Fuller, Grubb, Jenkins, Mansfield, March, Mellett, Moore, New, Pleak, Teegarden, White and Wright--19.
CONTESTED ELECTION CASES.
Mr. DOWNEY offered a resolution allowing John H. Baker and William H. Dills, contestors for the seats of Messrs. Murray and Dickinson, the pay and mileage of Senators from the first of the session until the time their cases were decided.
The resolution was referred to the Committee on Finance, with instructions to inquire into the justice of the claim, and, also, as to the claim of Alexander White, the contestor of the seat of Mr. Browne, of Randolph.
On motion of Mr. BLAIR the several contested election cases were taken up.
The Senate then adopted the resolutions declaring that Messrs Dickinson, Browne of Randolph, Mellett, Bearss, Ray and Teegarden were entitled to their seats.
NIGHT SESSION.
Senate bills 154, 155, and 156 (see page 167;) were read the second time and referred to appropriate committees; as were also Senate bills 17, (p. 60;) and 54, (p. 92;) which were taken from the table for that purpose.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. CORBIN, [170] a bill repealing, sections 1, 2 and 12 of an act to provide for the erection of a new prison north of the National Road, approved March 5, 1859, and an act supplemental thereto, providing for the election of officers for the Northern Prison-- prescribing some of their duties, providing for the government of said prison, and other matters properly connected therewith, and continuing in force all laws applicable thereto, and not inconsistent therewith. (Read twice,)
By Mr. HORD, (171) to classify the incorporated cities of the State of Indiana,and for the better regulation of the police of the same.
House bills 47, (see page 57;) 130. (p. 112;) 142, 143, (p. 121;) were read the first time; and 91, (p. 85;) and 149, (p. 122;) were read twice and appropriately referred.
HONOR TO OUR SOLDIERS.
The joint resolution H. R. 15 (printed on pages 77 and 78 of these Reports,) was read the second time.
Mr. DICKINSON moved to amend by striking out the word "Librarian" wherever it occurs, and inserting in lieu thereof the words "Adjutant General," and by striking out " $500" and inserting "300."
On motion by Mr. COBB the amendment was laid on the table; by yeas 19, nays 15.
Mr. MARCH moved to amend by striking out $500.
Mr. COBB moved to lay the amendment on the table.
The yeas and nays were demanded, and being ordered and taken, resulted--yeas 13, nays 20--no quorum voting.
