IN SENATE.
MONDAY, March 2, 1863.Mr. Landers' bill, [S. 103] to amend sections 18 and 20 of the election law--providing for the numbering and enveloping of ballots cast at elections, &c., was read the third time and passed; by yeas 28, nays 14.
The morning hour was occupied in the consideration of reports from committees.
AFTERNOON SESSION.
Mr. RAY, from the Judiciary Committee, reported back the bill [S. 140] to enforce the 13th article of the Constitution with amendments. The amendments were adopted,
Mr. MARCH moved to amend by striking out the clause which requires Clerks of Courts to summon negroes before them to prove their claim to a residence, and supported his views by an able speech.
Mr. RAY replied, defending the whole bill as being what the people demanded, and what the circumstances surrounding us required at the hands of the Legislature, to keep the State from being overrun by a degraded race.
On motion by Mr. WOLFE, the amendment was laid on the table; by yeas 25, nays 18.
Mr. WOLFE moved to amend by adding, "that the certificate of the Clerk of one county should be prima facia evidence in another county of the right of residence.
On motion by Mr. SHIELDS, the further consideration of the bill was postponed till to-morrow.
On motion by Mr. SHIELDS, it was--
Resolved, That members of the Senate be restricted to five minutes in debate during the remainder of the session, unless by unanimous consent of the Senate.
HONOR TO OUR SOLDIERS.
On motion by Mr. COBB, the joint resolution H. R. 15, (printed on pages 77 and 78 of these Reports) pending at the adjournment last night, was taken up.
The pending motion being to strike out the $500 compensation to the State Librarian.
On motion by Mr. COBB, the motion was laid on the table; by yeas 24, nays 17.
Mr. BEARSS moved to strike out Librarian end insert Adjutant General, and strike out $500, and insert $250.
On motion by Mr. BROWN, of Wells, the motion was laid on the table; by yeas 27, nays 14.
Mr. GRAVES moved to strike out $500, and leave the compensation to some future Legislature.
On motion by Mr. BRADLEY, the motion was laid on the table.
On motion by Mr. COBB, the joint resolution was read the third time and passed; by yeas 42, nays 0.
Mr. NEW introduced a bill [174] to provide for taking the vote of officers and soldiers of the volunteer service in the army of the United States from this State at all legal elections for civil officers; also, providing for the counting of the ballots and certifying the return of such election, which was read the first and second time,
BILLS ON THE THIRD HEADING.
The following described bills were read the third time and finally passed:
Mr. Garvin's, [H. R.57] in relation to Government stamps being taxed as other costs; by yeas 41, nays 0.
Mr. Ray's, [S. 124] in relation to working roads on a county line; by yeas 42, nays 0.
Mr. Corbin's, [S. 109] authorizing County Boards to pay for work done under the three percent fund; by yeas 28, nays 10.
Mr. March's, [S. 54] to take six section from Jay county, and give the same to Blackford being read--
Mr. BROWN, of Wells, moved to indefinitely postpone the bill.
he Senate took a recess until 7 1/2 o'clock.
NIGHT SESSION.
Mr. MARCH introduced a bill, [175] to authorize the settlement of the estate of decedents out of Court.
Mr. MOORE introduced a bill, [176] for the relief of Loudun, and for the conveyance of certain tracts of land therein named.
These bills were read the first time.
THE STATE OF THE UNION.
Mr. DOWNEY offered the following;
WHEREAS, The General Government, aided by the loyal States, is engaged in putting down a wicked rebellion, which was commenced and has been continued without justification or adequate cause;
AND WHEREAS, It is fit and proper that the Senate should express in a temperate but firm and unequivocal manner, the convictions of its members in regard to the duty of the State and its citizens in the present crisis; therefore,
- Resolved, 1. That we recognize to the fullest extent the duties and obligations of allegiance, fidel page: 190[View Page 190] ity and loyalty to the Federal Government and the Government of the State, each in its proper sphere.
- That any violation or alleged violation of the Constitution of the United States, by any of the co-ordinate departments of the Government, while it, may be a reason for displacing those who may be guilty thereof from the positions of public trust which they occupy, by an application to thy proper tribunal, or by an appeal to the peaceful arbitrament of the ballot box, does not release the citizen from his obligations to support the Government in that which constitutional and right.
- That the obligations of allegiance, at all times, but more especially in times like these, when the Federal Government is threatened with overthrow and destruction, require not only a passive obedience, but an active, unceasing and united effort to suppress rebellion, to assert and maintain the supremacy of the Constitution, and to enforce the laws.
- That we recognize the right of any and every citizen to oppose by writing, speaking, and his suffrage, the measures of any party, and to insist upon a different line of policy, whether such party be the party in power or a party out of power, while that opposition shall be made in accordance with the Constitution and the laws, and shall be unmixed with disloyalty to the Government.
- That with this right conceded and secured to the citizen there can be no occasion or excuse for resorting to other than peaceful, constitutional and legal means to displace objectionable rulers, or to correct abuses in the administration of the Government.
- That the present, as well as all other wars prosecuted by our Government, must be prosecuted in such manner, and for such purposes as will be sanctioned and approved by the sentiment of a majority of the people of the loyal States; for as the National Executive is dependent upon Congress for the means of carrying it on, and the Congress is composed of men freely chosen by the people, and .bound to carry out the will of the people by whom they are elected, if the people are opposed to the manner in which the war is being prosecuted, or the objects sought to be accomplished, the President must change that manner, or abandon that object.
- That if, therefore, the present war is being or shall be prosecuted by the National Executive in an improper manner or for improper purposes, there is no occasion for extraordinary, unconstitutional or illegal remedies. Our Constitution and laws, when imperverted, are such that in due time the people may apply the proper remedy.
- That we have no evidence of any desire on the part of the Rebel Government, or of any considerable number of the people in the Rebel States, to return to their allegiance to the Government of the United States, and become obedient to its Constitution and laws, nor have we any assurances that any advances by us toward an adjustment of the pending difficulties would be met by a corresponding disposition on their part, but on the contrary their object seems to be, as it has been from, the beginning to compel permanent dissolution of the Union by the recognition of the Southern Confederacy
- That while this continues to be the case, we are opposed to an armistice or cessation of hostilities and in favor of a continued and more vigorous prosecution of the war, not to carry out the views of extreme men in the mere abolition of slavery, but to put down the rebellion and compel obedience to the Constitution and the laws.
- That as the combat on one part has been for the support of the Constitution and the perpetuation of the Union, against those who sought to destroy them, we can accept no adjustment which does not fully recognize the accomplishment of these objects. We contend for the supremacy of the Constitution and the perpetuation of the Union with all the dignity, equality, and rights of the several States unimpaired.
- That we owe a great and lasting debt of gratitude to the brave men who have gone to the battlefield from our heroic State, and who, by their deeds of gallantry, have given her a position for patriotism and devotion to the common cause second to no other in the Union. Some of us have induced them thus to devote themselves to their country's cause. We will not now repudiate our obligation to them, or stultify ourselves by saying that thev went to accomplish that which from the commencement was known to be impossible, but we will continue to support and encourage them, and if necessary will labor to increase their numbers, and will continue the contest, by the grace of God, till He, in His good time, shall see fit to crown our efforts with success.
- That the idea of forming a Northwestern Confederacy, of attaching this State to the Rebel Confederacy, or of a reconstruction of the Union with any of the States left out, is only equaled in wickedness and folly by that which would now, or at some future, but not distant day, acknowledge the independence of the Rebel States, or that which would refuse to reconstruct the Union with any slave States in it, any and all of which we repudiate denounce and condemn.
- That the President of the United States has the constitutional and legal power to call out the militia in time of invasion, insurrection or public danger, and he alone has the power to decide when an emergency exists which requires it. We therefore affirm it to be the duty of the State and the citizen to respond to such call, when made in accordance with the constitution and the laws; and that any forcible or armed opposition and resistance to such requisition would most probably lead to collision, bloodshed and civil war in the State.
- That all attempts, by word, letter, or publication, to render the soldier dissatisfied with the service, or induce him to desert, and all efforts to prevent the capture of deserters in order to compel them to perform the service which by their enlistment they are bound to perform, are regarded by us as unwise, improper, and in gross violation of law.
- That we regard secret and oath bound political combinations as at all times improper, and especially so at the present time; and we can but express the hope that our fellow citizens will refrain from entering into, or continuing such organizations if any such exist; that they will refrain from heated and angry discussions, and by a calm and dispassionate exercise of judgment try to think and act together in a cause which should be equally dear to all true patriots.
- That we are opposed to any attempt to deprive the State Executive of any part of his constitutional powers as Commander-in-Chief of the State militia,but we are of opinion that the exposed condition of our southern border demands a more efficient military organization than can be had under the present law.
Mr. DOWNEY said he did not think it necessary to make an argument in support, of the resolutions. They had been prepared without consultation with any Senator on this floor. They expressed his views and the views of his constituents. He asked the reference to the Committee on Federal Relations.
They were so referred.
The joint resolution [3. 17] authorizing the Committee on the Quartermaster's Department to sit after adjournment, was read the second time.
Mr. COBB moved to amend by authorizing the committee to include the benevolent institutions.
The amendment was agreed to.
Mr. NEW made an ineffectual motion to amend by making the committee to consist of seven members.
Mr. JOHNSTON moved to amend by making the committee consist of Senators page: 191[View Page 191] Williams, White and Downey, on the part of the Senate.
The amendment was agreed to.
Mr. CORBIN made an ineffectual motion to amend by adding the State Prison North.
Mr. MANSFIELD moved that the committee be empowered to appoint a clerk at not exceeding $3 per day.
The amendment was agreed to.
The joint resolution, as amended, was ordered to be engrossed.
On motion by Mr. MARCH it was--
Ordered, That the committee commence work at the earliest day possible, and finish up the work as soon as practicable.
House bills 133 (see page 112;) and 142 (p. 121;) were read the second time and referred to appropriate committees and the bill S. 147 (p. 161;) was ordered engrossed.
Mr. Allen T. Fleming, Senator elect to fill the vacancy occasioned by the death of Mr. Shoulders, appeared and was sworn into office by the President of the Senate.
MILITARY EXEMPTION.
Mr. LANDERS from the Military Committee, reported back, with amendments, the bill [S. 31] fixing the amount of the equivalent for exemption from military duty.
The Committee amendments were agreed to.
Mr. MURRAY moved to amend by adding a section, that the exempts by reason of conscientious scruples be enumerated as others liable to military duty.
Mr. RAY argued against the bill entirely. The conscript law of Congress did not exempt any body, and this legislature had no power to legislate further than for the regulation of the militia within the State. He did not wish to place himself on the record as voting for a bill that would only result in complicating the question.
Mr. CORBIN moved to amend by making the exemption who, and that only conscientious exempts who were drafted be liable to the penalty.
On motion by Mr. BLAIR the bill and pending amendments were laid on the table for further action in full Senate.
DESERTERS FROM THE ARMY.
Mr. COBB offered the following, which was adopted:
WHEREAS, Major General Rosecrans has sent a telegraphic communication to his Excellency Governor O. P. Morton, in regard to deserters from the army of the United States, which communication, the Governor has transmitted to this Senate tor its action; therefore,
Resolved by the Senate, That the Governor be requested to inform the Senate, at as early a period as convenient, whether or not the laws already in force are sufficient for the purpose contemplated by said communication, and if not, what legislation, if any, is necessary on the part of this General Assembly.
At a late hour the Senate adjourned till to morrow morning.
