IN SENATE.
TUESDAY, January 20, 1863.Mr. MARSHALL presented a petition from sundry citizens of Grant county, praying for a more rigid enforcement of the 13th article of the State Constitution, which was read and referred to the Committee on Rights and Privileges.
On motion by Mr. WILLIAMS, it was--
Resolved, That the Treasurer of State be requested to report to the Senate the amount of money paid out by him for war purposes between the 17th day of April and the 30th day of May 1861, and from what fund paid.
THANKS TO GOV. MORTON.
Mr. MURRAY offered the following: Resolved By the Senate, the House concurring, that His Excellency, Governor Oliver P. Morton, is deserving the gratitude of the people of this State, and as their Representatives we hereby tender him the thanks of this General Assembly for the promptness and energy with which he has responded to the call of the General Government for the organization and equipment of the volunteer Militia of Indiana, in defence of, and for the maintenance and preservation of the Union of the States, and especially for that tender solicitude and care he has, on all suitable occasions, manifested in alleviating the sufferings of the sick and wounded soldiers of the State.
Resolved, That a certified copy of the foregoing Resolution, on the passage thereof, be presented to His Excellency, Governor Oliver P. Morton, by the Secretary of the Senate.
Mr. SHIELDS hoped the resolution would go to a committee. He was not prepared to endorse all the acts of Governor Morion until some investigation was had into the financial operations of the Executive Department. He did not like to vote against it, for there was much that appeared commendable in the Governor's acts, but he was prepared to vote for the resolution if all was struck out except that portion relating to the sick and wounded. There were people in Indiana who thought the Governor was over anxious in organizing troops. The draft had been rigorously enforced in Indiana, while Massachusetts was far behind in her volunteer contributions of men. Gov. Morton should have been as a father, and should have said to Mr. Lincoln, Indiana has done well, don't press her too hard.
Mr. CLAYPOOL could not see any endorsement of the Governor's financial act in the resolution. If he could, much as he approved of the course of the Governor, he would consent to defer it. He moved to amend by striking out all relating if the organization and equipment of troops.
Mr. MARCH said if he had been consulted he would have advised its delay for a short time, but having been introduce he hoped it would pass. He could not see that its passage would interfere in the least with the most rigid scrutiny.
Mr. WOLFE thought the introduction of the resolution premature, and would move to refer it with the proposed amendment to the Committee on Military Affairs. It was due to the Governor that time be given to investigate his official acts. So far as it regards the Governor's attention to the sick and wounded soldiers, my mind was long ago made up that he was entitled to the thanks of the State; and if that would satisfy his particular friends, I am ready and willing to so vote. I have moved to refer the resolutions to the Committee on Military Affairs, because I am not ready to vote for the part now proposed to be stricken out, until the subject has undergone the proper investigation; and after such investigation, if it should be found that the Governor has managed the funds placed in his hands prudently, I will then be prepared to vote him additional thanks.
page: 59[View Page 59]Mr. MURRAY assured the Senate that he introduced the resolution without consultation with any one, There was no cat in the meal tub. He simply intended to thank the Governor for his care of the sick and wounded soldiers, and nothing more. This was a common ground on which all could stand. He spoke eloquently of the efforts of Governor Morton in behalf of the soldiers in the field from Indiana. He accepted the amendment. (Mr. Claypool's.)
Mr. COBB would cast no imputation upon Governor Morton. The resolution was, however, premature. He did not think Governor Morton would ask the passage of the resolution at the present time. He was not prepared to say that Governor Morton had not done his duty to the sick and wounded; but how many others had done the same thing? The late Superintendent of Public Instruction lost his life in an effort to get to the Held to attend to the sick. Others should be included in a vote of thanks.
Mr. WILLIAMS favored the reference, and would vote to endorse the Governor after investigation was had, if it should be proper to do so. He was not prepared to Vote on the resolution now. Governor Morton had probably done his duty; he was not prepared to say he had not. He was elected to do his duly, and if he had done it, it was his part of the contract.
Mr. RAY said that his impressions were that the Governor's management of military affairs had bean such as could be commended, but, his opinion was that if the resolution was cut down, as proposed, it might imply censure of his conduct. It was better that it should go to a Committee to be perfected; so that there should be unanimity in the vote upon it.
Mr. DUNNING, (Mr. Landers in the Chair) regretted that the resolution had been introduced so soon. He could vote at any time for a resolution of thanks to the Governor for his care of the soldiers of Indiana. He felt grateful to the Governor for that care, but let the investigation be made. He would not, by his action, cast implied censure of Governor Morion's military conduct. It would be better that the resolution be deferred, and if impartial investigation showed that the Governor had discharged his duties faith fully, he would be among the first to express an approval by his vote.
Mr. BROWNE of Randolph, as a political and personal friend of Governor Morton, would stay that he not only desired but courted thorough and complete investigation of his conduct. Had he been consulted he would not have favored the introduction of the resolution. This Senate could add nothing to the reputation of Governor Morton; nor could they tarnish it by the adoption or rejection of a resolution. That reputation was in the hands of the people of the United States and he had nothing to fear from them.
Mr. CLAYPOOL favored the reference, because it was evident there was a disposition to not act upon it. Hereafter occasion might offer when such a resolution would be more favorably received. He was in favor of carefully investigating the official conduct of all officers, and if any one had been guilty of speculation he would by his vote hold him up to public condemnation, be he political friend or foe. He had known Governor Morton long, and believed that while he might be ambitions for a good name and a high position, he never bowed the knee to filthy lucre.-- Money was not his God. He did not understand any gentleman here as casting a reflection upon the integrity of the Governor. It mattered not what the newspapers would say. Pass a resolution filly endorsing his acts, or refer this one until the Senate could unite upon one.
Mr. FERGUSON gave all credit to Governor Morton for his labor and his care of the sick and wounded. He deserved the thanks of patriotic people, and would receive them. The resolution, as amended, thanked the Governor for acts beyond his duty. When he had filled the requirements of the law he did not rest, but worked faithfully for the sick and wounded. The Governor could not object to have his official acts investigated, and the passage of the vote of thanks for care to the sick and wounded could not be construed into censure or into approval of all his official acts.
On motion by Mr. MURRAY, the motion to refer was laid on the table--yeas 26, nays 14.
Mr. McCLURG, however he might differ with the Governor on other subjects, was prepared now to thank him for the interest he had taken in the sick and wounded. His people feel grateful to him, and be but represented their feeling here.
Mr. BROWN of Wells, thought that if he had had control of the $100,000 appropriated by the last Legislature, he could have made himself as popular as Governor Morton. If the thanks were due to the Legislature he would accord it. [ ] to Governor Morton he would do likewise. But let an investigation first be had.
Mr. MARCH thought too much time had been taken up in discussing a matter of this kind. The resolution should pass at once.
Mr. WILLIAMS moved to amend so as to include thanks to all surgeons, nurses and soldier's aid societies.
Mr. DUNNING thought the introduction of this amendment was diluting the matter too much. The people, surgeons, nurses and others, had acted through the Governor, and an endorsement of the Governor implied an endorsement of all who co-operated with him. If the Governor page: 60[View Page 60] had discharged his duty in this regard be was entitled to a vote of thanks. There was no necessity for the amendment--There was no precedent for it. Whenever it becomes as well known to the Senate that surgeons and others had discharged their duties as it is known that Governor Morton has, then it might be proper to give them a vote of thanks, but, in his opinion, it would be reducing compliments to a cheap rate.
Mr. WILLIAMS defended bis motion, contending that the surgeons and nurses were as much entitled to thanks as the Governor, and that is all his amendment designed; but he would withdraw it to accommodate gentlemen.
Mr. HORD was opposed to the passage of resolutions of eulogy. He did not see why the Mark Anthonys here should dig up their dead Caesar for the admiration of the Senate to the exclusion of every body else. Many of the surgeons and nurses bad paid money out of their own slender means, and are they to be excluded? He was willing to give a vote of thanks to Governor Morton, but be was just as anxious to give thanks to the poor and humble as to those in power, and he would renew the motion just withdrawn by the gentleman from Knox, [Mr. Williams.]
Mr. MELLETT opposed the amendment if for no other reason than that while many surgeons in the army had done their whole duty it was well known others had not. It may be so in. the case of volunteer surgeons and nurses sent. The amendment thanked all indiscriminately.
Mr. NEW made an ineffectual motion to adjourn.
On motion by Mr. MURRAY the amendment was laid on the table--yeas 29, nays 11.
The resolution was then adopted by yeas 40, nays 0.
THIRD JUDICIAL CIRCUIT.
On motion by Mr. WILLIAMS, the bill [H. R. 26] fixing the time of holding courts in the 3d circuit, was read the second and third time--the rules being suspended for that purpose--and finally passed by yeas 40, nays 0.
AFTERNOON SESSION.
On motion by Mr. DOWNEY, it was--
Resolved, That the Military Committee be instructed to inquire into the reason why the seventy thousand dollars for 1861, and the same amount for 1862, appropriated by the General Assembly for the benefit of the Indiana Legion, has not been distributed, and what further legislation, if any, is necessary to effect such distribution, and report by bill or otherwise.
BREVIER LEGISLATIVE REPORTS.
Mr. DOUGLASS offered the Following:
Resolved, By the Senate (the House of Representatives concurring therein,) that the principal Secretary of the Senate, and the Chief Clerk of the House of Representatives, be authorized to contract with ARIEL & W. H. DRAPIER, Reporters, for 1,500 copies of the continuation of their Brevier Legislative Reports, to contain verbatim reports of the proceedings and debates of the General Assembly, on all propositions and questions having relation to the State of the Union and the war; the said reports to be printed in the Daily State Sentinel or the Daily Indianapolis Journal newspaper, and transferred from the columns of such newspaper into book form of double-column pages, and that when so printed, the said 1,500 copies of the reports be paper covered and delivered to the Secretary of State, who shall cause the same to be sent by mail--ten copies to each member of the General Assembly--as soon as possible after the adjournment of the session. Provided: Said reports shall not cost more than two thirds of one cent a page per copy, for the writing and printing thereof.
On motion by Mr. COBB, the resolution was referred to a select committee which the PRESIDENT made to consist of Messrs. Douglass, Cobb and Beeson.
THANKS TO SOLDIERS.
Mr. MARCH offered a concurrent resolution, which was adopted, tendering the thanks of this General Assembly to Major General Rosecrans and his brave officers and men for their courage and endurance at the battles of Murfreesboro, and that the resolutions, if consistent with military usage, be real to the army.
THE SCHOOL LAW.
Mr. BERRY offered a resolution, which was adopted, that the Committee on Education examine if section 25 of the School Law requires amendment.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. DOWNEY, [17] a bill to amend the third section of an act entitled, "An act to amend sections one and two of an act to provide compensation to the owners of animals killed or injured by the cars, locomotives or other carriages of any railroad company in the State," approved March 1, 1853, and to provide the manner of the service of process, approved March 4, 1859.
By Mr. COBB, [18] a bill to amend section 23 of an act entitled "An act to provide 1or the opening, vacating and change of highways," approved June 17, 1852.
By Mr. FULLER, [19] a bill to provide that the value of United States Government Stamp duties required and used on official process, certificates, bonds, appeasements, deeds and conveyances, by Sheriffs and other instruments, shall in all actions be taxed and collected as other costs in said action.
By Mr. HORD, [20] a bill to amend section 33 of "An act to provide for the valuation and assessment of the real and personal property," approved June 21, 1852.
By Mr. GIFFORD, [21] a bill regulating the fees of officers, and repealing former acts in relation thereto.
By Mr. FERGUSON, [22] a bill to amend the 54th section of chapter 7, enti- page: 61[View Page 61] tled "An act defining misdemeanors and prescribing punishments therefor," approved June14. 1852.
y Mr. HORD, [23] a bill to amend section 13 of "An act providing for the election and qualification of Justices of the Peace." approved June 18, 1852, as amended March 9, 1861.
By Mr. MARCH, [24] a bill to provide for the execution of conveyances by County Auditors, for school lands, where the certificate has not been properly assigned or the assignment properly acknowledged in certain cases.
Mr DICKINSON'S bill, [10] amending section 9 of an act of March 9, 1861, amendatory of an act concerning voluntary associations, approved Feb. 12, 1855, was read the second time and ordered to be engrossed.
WORK FOR COMMITTEES.
Senate bills were read the second time and referred to appropriate committees, to wit:
Mr. Browne of Randolph's, [11] repealing section 6 of the Practice Act; [12] requiring railroads to ship freights without delay; and [13] regulating the election of Directors of Corporations.
Mr. Lenders', [14] enforcing the 10th Article of the State Constitution.
Mr. Ray's, [15] railroad extension.
Mr. March's, [16] prescribing forms of conveyance by executors &c.; and repealing section 547 of the Practice Act.
The House concurrent resolutions tendering the thanks of this General Assembly to Governor Seymour, of New York; were referred to the Committee on Federal Relations.
A debate sprang up on the reference of the bill [14] to prevent the emigration of negroes to the State, in which Messrs. Claypool, March, Cobb, Landers, Berry, Browne of Randolph and Mellett took part.
Mr. CLAYPOOL cited the opinion of Attorney General Bates that a negro was a citizen of the United States, and questioned if the 13th article of the Constitution of our State was constitutional in view of that opinion.
ELECTION OF STATE OFFICERS.
The House concurrent resolution to go into election for Prison Directors, north and south, and of State Printer, on Wednesday, (to-morrow,) at 3 o'clock p.m., was read.
Mr. MARCH moved to amend by striking out the part that refers to State Printer.
The amendment was rejected and the resolution concurred in.
A House resolution relative to appointing a committee to report relative to reprinting the statutes, was concurred in.