IN SENATE.
WEDNESDAY, January 21, 1863.Mr. DOUGLASS from the Committee on Education reported back the joint resolution [S. 1] amending the Constitution so as to empower cities, towns and townships to levy special school taxes, recommending its passage.
Mr. MARCH explained the joint resolution. The Supreme Court had decided that no school taxes should be levied and collected save the State school tax. If the people, at the next election, approved by their votes the amendments proposed, then any local community could levy an additional school tax for the benefit of their own children.
Mr. CLAYPOOL said that he was opposed to the proposed amendments, unless some provision was made to stop the present rule, by which such counties as his (Fayette) were depleted of taxes raised in their midst to sustain other counties where the taxes collected were much less than their distributive share.
Mr. SHIELDS contended that the principle of general taxation for school purposes was correct, and that it was reasonable and just that wealthy counties should help educate the poorer ones. He wished to perfect our system so that when the volunteer left his State he could say to his wife, "If I should not come back, we have schools in which to educate our children."
Mr. MANSFIELD thought that it was the intention of the framers of our Constitution to provide an equal system of common schools throughout the whole State by which the poorest localities could have its schools. The proposed amendments enabled any community that desired to increase its school facilities to levy a special tax for that purpose.
Mr. JOHNSTON had always been opposed to the system that allowed one man to be taxed to educate the children of another. He didn't believe in the doctrine preached so often that an increase of educational facilities would increase the morals of community. If a man was a natural born rascal he would improve in rascality by education. He might stand alone on this floor in his opinion on this subject, but it had always been his view of right and justice in that regard, and he had seen no good reason lately to change it.
Mr. CAMPBELL favored the adoption of the resolution.
page: 66[View Page 66]Mr. MARCH claimed that in all well educated communities the proportion of immorality and crime was much less than in more ignorant localities, and that the principle was right that all should be taxed for educational purposes. This propo- did not touch that clause in the constitution, but gave additional powers to communities to levy additional taxes that all the children might be educated.
Mr. DUNNING believed that every community ought to take care of all the children in its midst, and as the proposition enabled communities to do this he should vote for the joint resolution. He was a popular sovereignty man, and believed in the doctrine of people regulating their own affairs in the matter of education. He combatted the views expressed by the Senator from Putnam,(Mr. Johnston,) and contended that it was as much the duty of those who held property to pay taxes for schools as it was to pay taxes for the support of county poor houses.
Mr. DOWNEY. There is an objection to this joint resolution that has not yet been spoken of. The Constitution of the State requires the taxation for school purposes to be general. The joint resolution proposes to give power to localities to make a specific tax. If you pass this amendment, will the Representatives from these districts consent to a general tax? Will you not nullify that provision of the Constitution? He feared the grant of the power to tax locally would destroy the system of general and uniform taxation for the purpose of education throughout the State.
Mr. MANSFIELD admitted there was force in the view presented by Mr. Downey, but he felt that the wants of cities, towns and more populous districts were such that they required more money for school purposes than the general law gave them.
Mr. RAY. It is too late in the day to deny that education was essential to the maintenance of popular Government--too late now to raise arguments against the utility of education In the face of our own Constitution, which says that "Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government," it was the duty of the General Assembly to provide laws on the subject. He thought the Senator from Ohio (Mr. Downey's,) objection untenable, for the reason that the "proposed amendments were intended to correct the existing provision prohibiting local taxation and if they were adopted there could be no conflict between their provisions and those of the Constitution as it was. No country has ever suffered by education. He thought the cant of the priesthood of New England had some effect on the ignorant minds, possibly of the South, and may have tended to produce our present troubles; but this should lead us to adopt a broader and more liberal system of education. There was a general discontent when the Supreme Court decided that cities and towns could not levy a local tax for school purposes, because such taxation would conflict with the provisions of the Constitution. The decision of the Court was legally, right, and this amendment was the remedy to meet the wants and wishes of the people.
Mr. JOHNSTON denied that the Constitution required a tax to be levied upon the people to educate the children of the State. Education was a good thing in itself, but not everything. There would be just as much justice in taxing the people to buy books, or clothing, or food for children as to raise a fund, by taxation to provide them with schools. The Constitution states what shall constitute a school fund. The doctrine that majorities shall rule in all things would do away with the necessity of a Constitution. Constitutions were made to protect minorities--majorities could take care of themselves. Protect the people and preserve the individuality of the citizen, if you want the people to love and respect the Government.
Mr. LANDERS moved to amend by limiting the provisions to cities and towns. If the people of cities and towns wanted schools for a longer period let them have them. In the fanning districts they had schools when they wanted them, and they got them up in their own way, In the country the poor children were never excluded. If you want the amendment to prevail when it goes to the vote of the people, you had better amend it cow, or it will be voted down by them.
The PRESIDENT, (Mr. Wolfe in the chair,) decided that the joint resolution having been passed by a previous Legislature it was not subject to amendment. The only question to be determined was that of concurrence or non-concurrence.
Mr. MARCH, as a member of the Convention which formed the Constitution, was satisfied that the Convention did not wish or desire to prevent localities to tax themselves for school purposes. Had the matter been presented to them directly, they would have so decided. The decision of the Court, as a legal proposition, was correct, although unfortunate. He hoped the joint resolution would pass.
The report was concurred in.
On motion by Mr. DUNNING the order of business was suspended and the joint resolution was read the third time, and passed by yeas 36, nays 7.
Mr. LANDERS from the Committee on Military Affairs reported back the bill [S. 6] ceding to the United States jurisdiction over certain lands in Marion county for an Arsenal, recommending its passage.
page: 67[View Page 67]On motion by Mr. NEW, the rules were suspended, and the bill read the third time and passed--yeas 42 nays 0.
GOVERNOR'S MESSAGE.
Mr. BROWN, of Wells, from a select committee to act with a similar committee on the part of the House, to wait upon the Governor and inquire what his pleasure was in regard to the delivery of his message, reported that the Governor informed the committee that, as there was not a quorum present when his message was sent in before, he now sends the message and accompanying documents.
On motion by Mr. COBB the message and accompanying documents were laid on the table.
Mr. DUNNING moved to reconsider the vote just taken--Messrs. Claypool, Browne of Randolph, McClurg and White speaking in favor of reconsidering, and Messrs. Cobb and Landers opposing.
AFTERNOON SESSION.
Mr. COBB wished to set himself right in making his motion to table. It was not from any disrespect to the Governor. He Intended to deal openly and fairly. He would at all times fairly state his reasons for his action. It was that the printing of the documents should go to the State Printer to be elected. For doing this gentlemen had abused him. He turned to the journals and read the coarse pursued by the gentlemen in opposition when Governor Hammond's message was before the Senate. These same gentlemen at that time voted to refer the message to the committee on Printing--a committee not then raised. It was done to place the message where it would sleep the sleep that knows no waking. It was not his intention to lay those documents aside thus His motion was made simply to wait a few days, when the documents would be called up and the printing ordered.
Mr. CLAYPOOL thought the record was against the argument. He did not care who did the printing. The majority might incorporate in the resolution to print, that the work should be done by the State Printer to be elected this afternoon. If gentlemen wished to apply the gag they might do so.
Mr. COBB said he had stated, time and again, that he disclaimed all intention to take advantage of the minority.
Mr. WOLFE made an ineffectual motion to lay the motion, to reconsider on the table--yeas 22, nays 22.
The motion to reconsider was agreed to yeas 24, nays 20.
Mr. CLAYPOOL moved to print 5,000 copies, 2,000 in the German language.
On motion by Mr. WOLFE the further consideration of the subject was postponed until 2 o'clock to-morrow--yeas 27, nays 17.
THANKS TO SURGEONS AND NURSES.
Mr. BROWN, of Wells, offered the following:
Resolved, By the Senate (the House concurring,) that, as the Representatives of the people of the State, we hereby extend their thanks to that noble army of volunteer surgeons and nurses, who, with great personal sacrifice to themselves, and with no prospect of future position, power or aggrandizement accruing to them therefrom, have surrendered themselves to the mission of alleviating the suffering of Indiana's gallant sons, who, by disease or the casualties of dread war, have been cast upon beds of pain and anguish.
Resolved, That the foregoing resolution be regarded as supplementary to the concurrent resolution of the Senate, which was passed yesterday returning thanks to his Excellency Governor O P. Morton, for his efforts in behalf of our sick and wounded soldiers.
Mr. BROWN offered the resolution, because on looking over the detailed statement from the Governor, he found a large sum had been paid to these Surgeons. They doubtless performed their duty and they had been paid for it. If there were surgeons who went without pay he would pay them in thanks and in any other way. He knew from his part of the State money had been raised to send Surgeons, and there was a great competition among the Surgeons who should go.
Mr. BROWNE, of Randolph, moved to strike out the second resolution.
Mr. RAY, The resolutions do not go far enough. These thanking the Governor, the other day, when first introduced, went too far. Why thank a few doctors and nurses, many of whom had already been paid the value of their services, and omit the sanitary committees, and the thousands of mothers and daughters who had given their means and their labor without reward in the same cause?
[A message from the House, inviting the Senate to repair instanter to the Hall of the House to go into the elections designated for this afternoon, was received, and the Senate preceded by the President, repaired to the Hall of the House. At 5 p.m. Senators returned to their chamber.]
The second resolution was striken out and the resolution as amended was adopted by yeas 40, nays 0.
The PRESIDENT laid before the Senate an answer to its resolution concerning the distribution of the 14th Indiana Reports.
On motion by Mr. WOLFE the papers in the contested election cases, except those relating to the seat of Mr. Murray, were referred to the Committee on Elections.
THE INSANE.
Mr. BRADLEY offered a resolution, which was adopted, that the Committee on Benevolent Institutions inquire into the expediency of so amending the law as to provide for the admission into the Asylum and the permanent care of the incurable insane of the State.
