IN SENATE.
WEDNESDAY, March 4, 1863.The bill S. 177 (introduced yesterday,) was read the second time. The militia bill S. 163 was taken up and referred a select committee.
BILLS ON THE THIRD READING.
Mr. Reed's bill, [S. 156] to amend law defining the duties of County Treasurer, so as to require that officer to deduct from all county orders presented amount of taxes due from the holder read the third time and passed; by yeas 37, nays 11.
Mr. March's bill, [S. 54] to take six sections from Jay county and give the same to Blackford, was called up, the pending motion being to indefinitely postpone.
page: 201[View Page 201]Mr. BROWN, of Wells, as the Representative from Jay county, spoke urgently in favor of postponement of the bill.
The motion to postpone was voted down.
Mr. BROWN, of Wells, then endeavored to get it referred to a special committee, which motion also failed, and the bill passed, by yeas 35; nays 15.
Mr. GARVIN's bill [H. R. 142] to amend the practice in reference to liens on water craft passed; by yeas 43, nays 0.
Mr. McGauchey's bill. [H.R.78] to enable other than corporations to reclaim waste lands was passed; by yeas 38, nays 4.
NEW YORK AND INDIANA.
Mr. COBB Chairman of the Committee on Federal Relations, reported back the memorial from the House to the Governor and Legislature of New York, recommending its passage.
Mr. MARCH moved to amend by striking out that portion of the memorial congratulation the people of New York upon the election of Governor Seymour. He said that if the object of the memorial was to secure commercial advantages, it was improper and in bad taste to insert anything of a partisan character. He thought that portion would be distasteful to the majority of the New York Legislature, which was what is termed Union.
Mr. COBB said that was the only thing the critical gentleman from Delaware (Mr. March) could find objectionable in the memorial. He hoped it would pass just as it came from the House. All admitted the correctness of its statements and to amend it now would kill it.
On motion by Mr. COBB, the amendment was laid on the table: by yeas 29, nays 17.
Mr. BROWNE, of Randolph, moved to amend by congratulating the people of New York on the ministrations of Henry Ward Beecher, and the publication of the New York Tribune. He intended to withdraw the amendment, but proposed it to express his views on the memorial. He considered it in bad taste to introduce political matter into a paper asking the Legislature to reduce the rate of tolls or of freights on their great lines of railroads. He presumed that the New York Legislature--the parties in it--were as partisan as parties here.
Mr. JOHNSTON moved to amend the amendment by making it read the State of the New York was dishonored by the ministrations of Henry Ward Beecher.
On motion by Mr. COBB, the amendment was laid on the table.
Mr. MARCH moved to amend by congratulating the people of New York on the election of an unconditional Union Democrat as Speaker of the House of Representatives.
Mr. COBB demanded the previous question, which was sustained--yeas 31, nays 15 and under its operation the amendment was rejected.
Mr. BROWNE, of Randolph, moved to re commit with instructions to so amend the memorial that it shall contain nothing of a political character, and also to amend by "assuring the State of New York that Indiana is now, as she ever has been, for the suppression of the existing rebellion, and the restoration of the Union upon the basis of the Constitution, and that to that end she pledges her entire resources of men and money, hoping that the loyal men of New York will cordially unite with her in this patriotic and laudable purpose."
Mr. COBB demanded the previous question, which was sustained; the motion to recommit was rejected--yeas 18, nays 27--and the joint resolution passed; yeas 30, nays 14.
A committee report recommending that the bill S. 136 (see page 152,) be laid on the table, was concurred in.
AFTERNOON SESSION.
Mr. BRADLEY called up the bill [S. 108] in relation to the acceptance of a grant of land from the United States for the establishment of an Agricultural College. (The bond of the Commissioner created by the act was fixed at $100,000, and the salary $500 per annum, and a commission on the proceeds of the sales of 1 per cent., but in no case to exceed $1,200 per annum.) The bill passed; by yeas 43, nays 0.
Mr. COBB called up Mr. Garvin's bill, [H.R.147] to extend liens on water craft to include wharf boats and floating warehouses, and it was passed; by yeas 44, nays 1.
Mr. DOWNEY called up Mr. Roberts' bill [H.R.110] to amend the act for the regulation of weights and measures; (The bill makes the standard bushel of coal to correspond with the Pennsylvania and Ohio standards;) and it was passed; by yeas 42, nays 2.
NEGRO EXCLUSION BILL.
Mr. LANDERS called up the bill S. 140, to enforce the 13th article of the Constitution.
Mr. WOLFE moved to re-commit to a special committee of three, with instructions to strike out all that enables the negro to testify in his own behalf.
Mr. MARCH moved to amend by giving the right of appeal from the Clerk to the Common Pleas or Circuit Courts.
Mr. LANDERS made an ineffectual motion--yeas 17, nays 29--to lay on the table.
Mr. DUNNING (Mr. Williams in the Chair). I desire to ask whether, by the provisions of that bill, the negro is rendered a competent witness in favor of himself?
Mr. WOLFE. Not directly, but indirectly.
page: 202[View Page 202]Mr. DUNNING. When he is sworn by the Clerk of the Court to answer whether he has properly registered himself; that is the only point in which I desire to see him made a witness. Notwithstanding I have as little love for the negro as any other gentleman on this floor, I desire to do justice to all.
Mr. WOLFE. It does not only permit him to testify as to whether he has registered, but whether he has been a resident of the State.
Mr. DUNNING. Well, sir, if when the negro is called upon to testify, the Clerk of this Court has not got sense enough to ascertain whether that negro is telling the truth or no, I do not know but what the negro ought to have the right to a certificate. I do not desire to see the negro made a witness upon the trial of an indictment against him, nor upon the trial of any criminal prosecution; but as to the fact whether he was a resident of the State at the time of the adoption of the Constitution I am willing he should testify; and I am willing, sir, that it should be conclusive as against the man who employs him. This I say while I have not a drop of Abolition blood in me, nor a sentiment that beats in unison with the doctrine of making the negro my equal, or the equal of any white man on the face of God's green earth. What were the purposes of the Almighty in making some men black is not for me to know; but I do not want to treat him as if he were a brute, or as if he had no feeling. I do not wish to treat him as if he had no rights other than the rights that might be claimed by a horse. But, as has been said, we may go too far in this matter, sir. I shall not be governed in my vote by any question of expediency as to whether it is policy to vote to keep him out. I go for carrying out the provisions for the Constitution of the State of Indiana, which as received the sanction of over 90,000 free voters in this State. If it operates oppressively upon the black man it is the fault of those who framed the Constitution, an there has never been offered any provisions in the General Assembly for the purpose of changing this feature of that Constitution. No, sir, this anxiety has been manifested only since this war has been inaugurated. I say there are good reasons to make stringent laws now. I want to give the negro what will be a protection against the cruel features of the bill; and when I have placed myself right upon the record, if the wisdom of the Senate shall deem that the measure should be stricken out, I shall nevertheless, vote for the bill. I never want to see the face of the negro unless I know that negro has a master or a mistress; and I am opposed to the emigration of negroes or contrabands in this State He was anxious to see a bill passed on the subject that would be sufficiently stringent to carry out the views of the framers of the Constitution, and he thought the bill without the amendment would effect that end.
Mr. RAY thought that there was a misapprehension in regard to the testimony of the negro. It only gave him the right to testify, leaving the credibility to the Clerk of the Court. Parties interested were not deprived of the right to offer testimony to contradict it.
The motion to re-commit was rejected--yeas 14, nays 32.
The amendment was also rejected--yeas 19, nays 28.
Mr. CLAYPOOL said that the law seemed to be modeled after the dog law, and in order to make it assimilate nearer that famous law, he would move to recommit with instructions to amend so as to provide "that it shall be lawful to kill any such negro or mulatto found in this State after the first day of July, A.D. 1853 who shall not be licensed under the provisions of this act."
The motion was rejected--yeas 10, nays 35, refusing to vote 2.
The bill then failed for want of a constitutional majority; yeas 24, nays 23.
FINAL ADJOURNMENT.
Mr. COBB introduced a concurrent resolution declaring that a factitous minority in the House of Representatives had revolutionzed, and left the General Assembly in such condition that no legislation could be transacted; that there was no hope of the minority of that body returning and, therefore, that the General Assembly adjourn sine die, on Thursday, March 5th, at 10 o'clock a.m.
Mr. GRAVES. I am in favor of adjourning, but I do not like the preamble. I am not disposed to stand in judgment upon others, who, like myself, have taken an oath to support the Constitution and discharge their duties faithfully. For the simple resolution, without the preamble, I am prepared to vote.
Mr. COBB. That resolution states nothing but facts. It states that the minority are revolutionary. They have been absent from their seats seven days: and if that is not revolution I do not know what is. I was disposed on Monday to introduce this resolution; indeed I thought of doing it on Saturday, but I hoped the absconding members of the House Representatives would return to their seats. I have now lost all hope in regard to them. I understand they have determined not to come back, and I am in favor of an adjournment. I believe it is our duty to adjourn. I believe we ought to have adjourned before now when the minority in the House broke a quorum and left the city of Indianapolis, thereby saying to this Legislature and to the world that they would not act in conformity with the law page: 203[View Page 203] under their oaths. Sir, they have sent certain propositions to the House, but where are they to receive an answer They are not in the city; they have gone, we do not know where. They may be at home: in the State of Kentucky; Illinois, or Ohio. As far as the constitutional provision is concerned. I have not the least doubt but that the House has a right to adjourn sine die. That provision of the Constitution which says they may adjourn from day to day, and send for absentees, has no reference to lessening their power to adjourn sine die, but it is for the purpose of increasing their power and enable them to continue in session and force the attendance of members. I hope this resolution will be carried. It states nothing but facts, and those facts should be placed upon the record.
Mr. BROWN of Wells. While I am ready to admit the facts, I do not come to the same conclusion with the Senator who has preceded me. There is a great responsibility attached to this measure, and we should consider well what action we should take in this matter, before we taken any. The minority in the other branch have chosen to disorganize this Legislature, and inaugurate revolution; yet, sir, it occurs to me the majority still have a duty to perform, and that duty can only be discharged by remaining here to the last hour the Constitution allows us to remain. The purposes for which this Legislature met will be defeated no doubt by the action of this factious minority, but at the same time there are other matters devolving upon us which we may accomplish by remaining to the last hour. Suppose this Legislature were to adjourn on the 5th instant, there would be still left four days, and uring that time, (the minority would charge) if we had remained at our post, legislation necessary for the interest of the State might have been transacted. The gentleman says that this is what they intend to do and what they will do. They are speaking by the card. It is understood that they are not in fault. I do not know whether the gentlemen who are nodding their heads are in the jest or in earnest, but there is some reason for it. There might be a question whether this factious minority might not come here and meet from day to day, elect a Speaker, Clerks, and Sergeant-at-Arms, and compel the attendance of absent members. I simply throw this out as a suggestion.
Mr. MANSFIELD. I believe I am as much opposed to revolutionary measures, and opposed to revolutionary measures, and opposed to compromises openly made in legislative halls between two political parties, as any other gentleman, but I--
Mr. COBB (interrupting). Does the gentleman oppose bolting?
Mr. MANSFIELD. I am going to explain.
Mr. MELLETT (interposing). I should like to ask the Senator from Lawrence (Mr. Cobb) if he is opposed to bolting?
Mr. COBB. Yes, sir.
Mr. MELLETT. When did he become so?
Mr. COBB. Since the Republicans got at it. [Laughter]
Mr. MANSFIELD (resuming). I would have no objection to vote for an adjournment sine die if I thought we could constitutionality do it, and there would be no chance left for additional legislation in case those gentleman return. But I raise to touch upon another point. We are called a factious minority. Now, sir, I deny that we are a minority. We are, to be sure, a minority in these legislative halls; but, sir, we do not represent a minority of the people. I speak candidly.-- If we look at the returns we find that the majority amounts to no more than nine thousand, some hundred Now I doubt whether there is a Senator here who will deny that some 50,000 voters are out of the State, and we have seen enough of the resolutions which have been laid before this Senate, coming from those brave men who are deprived of a vote, to know that the majority--if they had not through their patriotism lost their right to this great franchise--the majority would have been as great this year in favor of the party of which I have the honor to be a member, as it was four years ago. I say, then, Mr. President, though we are n the minority here, we do not represent a minority of the people; and, sir, the measures which this accidental majority of members have the power to force upon us are distasteful to a great majority of the people of State; and under such circumstances I feel disposed to step up a little beyond the marks which the letter of the law prescribes. I oppose revolution in ordinary cases, but when I stand here pledged to do that which is the will of those who sent me here, (and I consider they would have sent a majority of members if they had their rights,) had I been in the House, and that militia bill, which tramples our Constitution under food, and throws the military power where the hears of the people do not want it, were put upon its passage. I declare that the last drop of my blood should flow before I would submit to it; and had I been a member of the House, I would like to see a man shut the door against me; I would go through.
A VOICE.-- "Consent." "You might go now."
Mr. CLAYPOOL. I would vote for a simple proposition to adjourn, but I cannot vote for such a resolution as this one. We have no official notice of anything of the kind that is charged. I am not aware that the members of the House have bolted; but I hear it in the streets and around the lobbies that a certain number gentle- page: 204[View Page 204] man have gone down to Louisville to hold a pence convention; and in strict accordance with,the resolutions of the Senator from Harrison (Mr. Wolfe.) If the House have the power to adjourn, they have the power to pass a resolution to that effect, and if it comes in I shall be found in favor of it. We have seen bills taken up one of their order.--almost every one that is passed.--we have seen the reading of the journal dispensed with; we have seen the orders of the day suspended; and we have seen bills brought up from the bottom to the top of the files of the Senate that a vote might be taken upon them; and thus the business of the session has been delayed; and we have been told by a factious majority that until certain things were passed we could not be heard. I under take to say that the people are not sending up petitions to have our time taken up in passing negro bills and military bills, and in favor of the discussion of resolutions looking to an armistice and to a secession of States. The majority had brought the present condition of affairs in our legislation upon their own heads by their conduct. They had not only introduced obnoxious measures, from day to day, but had insisted upon passing a bill the object of which was to destroy the military power and render it unavailable to aid the Government in opposing the rebellion; and which was in violation of the Constitution. He was willing to let the responsibility rest where it properly belonged.
Mr. RAY. This is not a question of partisan politics; it is a question of duty, entirely, whether the Senate should adjourn or not. We might commit the blunder of adjourning and give to the factious minority, so much denounced, the advantage of our blunder. They can come here to-morrow from Madison or Louisville, and be ready for legislation. There are many bills before the Senate which ought to be passed. Our duty is to travel straight on in the path of duty, letting the other end of this Capitol take care of itself and answer to the people. We will do our duty, and if necessary legislation fail by reason of the acts of a faction in the other end of the Capitol, let the fault be with them. We can answer the people that we stayed as long as the constitutional limit, and passed on every measure, whether coming from the House or originating in the Senate; and if there be fault, it lies at the doors of others, and not at ours. We do not know anything about what the condition of things will be in the other end of the Capitol to-morrow or next day. They might pass the revenue and appropriation bills, and coming to these halls, and finding no Senate, where then would the people say the responsibility is? If not with the Senate alone, it would be divided between the Senate and the House. He understood the House had refused to adjourn by a large majority of those present, and he thought it was a wise and patriotic conclusion, and he hoped the Senate would do the same.
Mr. COBB. It is a peculiarity of the Senator from Fayette (Mr. Clay pool) that be cannot make a speech without bringing in questions foreign to the subject, by way of making charge against the majority on this floor. Greater latitude has been allowed that Senator find his friend than was allowed to us two years ago. Cannot the Senator do justice to any one but his friends? Does he not remember that two years ago, when he and his friends forced the minority to bolt, that he pointed to me and said he would give me and my friends to understand that they had a rope around our necks and they would bring us up to taw. Sir, we have not treated the Senator and his party so, yet the action of the Senator would warrant us in doing it. But now to the resolution. I know it is said we ought to stay and do our duty, and that is what we should do; but I submit to the gentleman from Shelby (Mr. Ray) and others, whether or not, when we have stayed here until we are convinced we cannot pass upon the necesary legislation that is before us, owing to the factious conduct of the minority in the House--I submit whether it is not our duty to ourselves and to our constituency th it we should adjourn? Why stay here? Is it a duty imposed upon Senators and Representatives who are here, to remain here when they know legislation is stopped, and we cannot pass upon it? But it is said we should pass the appropriation bills I cannot believe that we should pass one dollar of appropriation, unless it would be for the Benevolent Institutions of Indiana. I am opposed to a single dollar of appropriation for any other purpose, and that would be out of regard for the inmates and not for the officers. The Senator from Jefferson [Mr. Mansfield] would find when the people spoke again that if any change had taken place since the elections it would be still stronger against the Republican party.
Mr. MELLETT. The Senator from Lawrence (Mr. Cobb) was one of the number who gave me my first lessons in bolting. The distinguished gentleman himself led the first grand bold I ever witnessed, and it was done up splendidly. Now, sir, I do not know, but I believe the Senator from Lawrence has learned that it is revolutionary to bolt, and a violation of an oath. That may be so, sir. If it is revolutionary he knows it, for he has tried it; and if it is a violation of an oath he knows it, for he has tried it. I know it is pretty hard to take, for I remember how abominably mean I felt two years ago when he was out, and I got up and made loud speeches; and if my speeches at that time were re- page: 205[View Page 205] ported it would be a good thing for him to read. But what good did it do me ? I got mad. I made big speeches, and we almost swore we never would yield to the minority: but we counseled and reflected, and finally we did come down. That is the fact about it. We put ourselves on paper; I feel ashamed of it to this day, but I did do it. I think, from the gentleman's speech, that he is excited, and as I got up for the benefit, of gentlemen who get excited, my advice is to use ice-water, and keep cool, because getting into a flurry won't do a bit of good. Speaking to the question of adjournment he contended that we could not adjourn until the time limited by the Constitution had expired.
Mr. WOLFE. With regard to this question of adjournment. I am clearly of opinion that we have the power to do so to morrow; but upon the question of expediency I am inclined to the opinion that we had better not adjourn. Let us do all the business we can, paying no attention to what is going on in the other end of the Capitol, and if any necessary legislation fail let it not be the fault of the Senate.
Mr. CORBIN. I am opposed to an adjournment at this time, not because of the preamble, for it states the truth in regard to the case, and that would tend to make me vote for the resolution, but I have a better reason, in my judgment, than that; and that reason is founded upon my constitution of the Constitution that we have no right to. I cannot see any authority given this body to adjourn, without the consent of the other, for more than three days. Where do we get our authority?-- And what is this body or the other but creatures of the Constitution ? and what are the acts of this legislative body ?-- Those that are performed by a constitutional majority; those that are performed by a quorum of two thirds; and all other acts are void. The act we could perform by adjourning sine die would be a void net and any number of members would have the right to come in and adjourn over from day to day until the close of this session. Now can we adjourn sine die without the consent of the other house? and is that a House when there is no quorum there? There has to be a quorum in both houses to authorize us to adjourn.
Mr. DOWNEY. This resolution is based upon facts not officially known. The other branch of this General Assembly advise us by resolution when the House is organized, and when they think we ought to adjourn, and if we concur we adjourn at the time agreed upon by both branches. I suppose all the discussion has been taken up en the resolution that it is desirable to have, and without insisting upon the point of order, I move to lay it on the table.
The motion was agreed to by yeas 33, nays 12.
So the resolution lies on the table.
PRESIDENT OF BENEVOLENT INSTITUTIONS.
The PRESIDENT laid before the Senate at a communication from the Auditor of State informing the Senate that in consequence of a decision of the Supreme Court that the President, of the Benevolent Invitations had forfeited his office, he could not audit the accounts of said institutions, and asking some action of the Senate in that regard, which was referred to the Judiciary Committee.
NIGHT SESSION.
Leave being granted, Mr. MOORE submitted the following report, which was concurred in:
Mr. President: The Committee on Claims have had the claim of W. H. DRAPIER under consideration, and recommend that he be allowed thirty dollars for preparing and publishing the Acts and Joint Resolutions passed during last session; and also fifteen dollars for organizing the present Senate; and recommend the same to be referred to the Committee on Finance and be allowed.
Senate bills 162. 166. 171, joint resolution 16 (introduced Friday;) 173. (Saturday; 175. (day before yesterday;) 177. (yesterday;) and House bills 27. 31, (see page 50;) 47. (p. 57;) 72, (p. 68;) 75, (p. 82;) 143. (p. 121;) were read the second time and referred to appropriate committees; and Senate bills 31. (p. 80;) 160. (p. 168;) 169, 172, and H. R. 123 and S. 77 (p, 110;) were ordered engrossed.
The joint resolution S.14, (see page 167;) was changed to a concurrent resolution and adopted.
