IN SENATE.
THURSDAY, January 26, 1865.The Senate met at 2 o'clock P. M. The reading of yesterday's journal was commenced, when,
On motion by Mr. DUNNING, its further reading was dispensed with.
A CONSTITUTIONAL QUESTION.
Mr. CORBIN moved to reconsider the vote of yesterday afternoon adopting the resolution proposing to go into the election of certain officers therein named, at 2 1/2 o'clock this afternoon, He made this motion in order that the Senate might be lead to consider the legality of one of the offices proposed to be filled. The law under which we are acting, contains no authority for the election of a President of the various Boards of Trustees of the Benevolent Institutions of the State. [He read from the law to show that it, is unconstitutional so far as the President of the Boards is concerned, that office not being expressly set forth in the title of the statute.] This is an innovation on the old law, which provided for Trustees, but not for a President. In 1859, the law was changed; but it is the prevailing opinion of every Senator who has taken the pains to inform himself, that the office is a mere sinecure; and as long as it is conceded that the office is of no practical benefit to these Institutions, and as there is now a bill being perfected aiming to correct the errors in the present law it is really our duty to lay aside any party prejudices or feelings of animosities and consider this question in its true light. If this officer is of no benefit why elect one? Is it to furnish a place for one more partizan? We should be careful how we proceed in this matter for we may get up a good deal of difficulty in consequence of the election of an officer the law does not provide for.
Mr. BENNETT read from the second section of the statute, which would do away with the objection of the Senator, if he understood his argument. The law constitutes the President a member of the Board of Trustees of each, although he acts as President of all the Benevolent Institutions of the State.
Mr. CULLEN was also of the opinion that the law itself done away with the constitutional objection of the gentleman. The gentleman says the office of President of these various Institutions is a sinecure. There are but two Trustees for each Institutions and the President of them all makes the third. In case of a division in opinion as between the two Trustees, the President of the Board steps in and decides the question, and, consequently, the office is not a mere sinecure. He was satisfied that the title of this act fully covers the ground.
Mr. BROWN, of Wells, read from the decisions of the Supreme Court indicating that under the constitution no law shall be valid in which the principal subject is not contained or expressed in the title. The question is whether the election of President of the Board is a principal matter, or whether it is a matter properly connected with the title of the act. The view he took was that it is one of the principal objects of the act. The second section read by the Senator from Union [Mr. Bennett] does not necessarily make the President one the Board of Trustees. The office is distinct from the office of Trustee, and being so must be embraced in the title of the act in order that the section providing for it shall be constitutional. Inasmuch as it is not embraced in the title he thought the position taken by the Senator from Marshall [Mr. Corbin] was very well taken. As this objection comes from the Democratic side of the House, he trusted Senators would not regard it as a Democratic persecution of a Republican official. It is nothing of the kind. We came here to discuss this matter without any political feeling. We desire to do only that which is best for these benevolent institutions which do honor to the State. If this law does not clearly embrace the election of a President of the Board of Trustees it is the duty of this Senate not to elect that officer.
Mr. OYLER, while reciprocating the feeling that seems to actuate the gentleman from Wells, differed with him as to the duty of the Senate. The gentleman says he approaches this question not with the feelings of a partizan. That is the spirit in which we ought all, as representatives of the people, to discuss questions upon this floor. It is said that great men differ in opinion, and it was his experience that even small men would differ in opinion. He could not read this act as the honorable Senator from Wells reads it. And it is astonish that this is the first time this question has been raised in the Senate. It is strange that he should hare no intimation of this until after both Houses had determined to go into the election. Certainly no Senator can come to any other conclusion but that the spirit, and intention and purpose of this act would authorize the mode which we have determined to adopt. The decisions of the Supreme Court are entitled to our attention, but with all due deference to the Supreme Court, he took it that when we came up here as members of the Legislature, we are not absolutely bound by the decisions of the Supreme Court. We are sworn to support the Constitution, and it is our duty to our country and to God, that we should let that oath guide us in every vote we give. Whether we view the President of the Board as one of the Trustees, or as a constituent part of the Board for the government of the institutions, it follows that it is in the title and constitutional, and therefore, we are pursuing the proper course.
page: 117[View Page 117]Mr. CORBIN withdrew his motion.
ELECTION OF TRUSTEES OF THE BENEVOLENT INSTITUTIONS, AND BANK DIRECTOR.
A message announced that the House had concurred in the Senate resolution of yesterday afternoon, proposing the election of certain oficers therein named, by concurrent vote, at 2 1/2 o'clock this afternoon, with an amendment striking out "Sinking Fund Commissioners."
The Senate concurred in the amendment of the House.
On motion of Mr. DUNNING, the Senate proceeded to vote for the officers referred to.
On motion by Mr. BENNETT, it was agreed to vote in the following order: first, for President of the Benevolent Institutions; second, for two Trustees for the Insane Asylum; third, for two Trustees for the Deaf and Dumb Asylum; fourth, for two Trustees for the Blind Asylum; and fifth, for one Bank Director.
The LIEUTENANT GOVERNOR announced that nominations for the office of President of Benevolent Institutions, were in order.
Mr. HORD nominated Aquilla Jones, of Marion county.
Mr. BENNETT nominated Andrew Wallace, of Marion county.
There being no further nominations the ballot resulted as follows:
Those who voted for Mr. Wallace were-
Messrs. Beeson, Bennett, Bonham, Brown, of Hamilton, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, Milligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Wood and Wright-24.
Those who voted for Mr. Jones were-
Messrs. Barker, Bowman, Bradley, Brown, of Wells Carson, Cobb, Corbin, Douglas, Downey, English, Finch, Fuller, Gifford, Hanna, Hord, Jenkins, Marshall, Mason, Moore, McClurg, Newlin, Stages, Vawter and Williams-24.
The LIEUTENANT GOVERNOR. The result is 24 for Wallace and 24 for Jones. I vote for Wallace.
Nominations for a Trustee for the lnsane Asylum being next in order-
Mr. BENNETT nominated Dr. Patrick H. Jameson, of Marion county.
Mr. HANNA nominated Dr. Isaiah Dunham, of Vigo county.
The ballot resulted-Jameson 24, Danham 24-as recorded above.
The LIEUTENANT GOVERNOR. Senators were a tie-I vote for Jameson.
Nominations for the other Trustee for the Insane Asylum being in order-
Mr. CULLEN nominated Dr. John W. Moody, of Decatur county.
Mr. COBB nominated Dr. Benjamin Newland, of Lawrence county.
The ballot resulted--Moody 25, Newland 24--same as before, the Lieutenant Governor voting for Mr. Moody.
Nominations for a Trustee for the Deaf and Dumb Asylum, being next in order,
Mr. BENNETT nominated James Birt, of Jennings county.
Mr. WILLIAMS nominated John A. Skinner, of Knox county.
The ballot resulted-Birt 25, Skinner 23-same as above except that Mr. Vawter voted for Mr. Birt, the Lieutenant Governor having no vote.
Nominations for the other Trustee for the Deaf and Dumb Asylum being in order,
Mr. BENNETT nominated Dr. John M. Kitchen, of Marion county.
Mr. McGLURG nominated Dr. John Richardson, of Carroll county.
The ballot resulted-Kitchen 24, Richardson 23-same as the last, except that Mr. Vawter did not vote.
Nominations for a Trustee for the Blind Asylum being next in order,
Mr. BENNETT nominated John Baird, of Montgomery county.
Mr. MASON nominated Berry W. Cooper, of Hancock county.
The ballot resulted: Baird 25, Cooper 24-same as the first, the Lieutenant Governor voting for Mr. Beard,
Nominations for the other Trustee of the Blind Asylum being in order-
Mr. BENNETT nominated John S. Spann, of Marion county.
Mr. ENGLISH nominated Dr. David McClure, of Clark county.
The ballot resulted: Spann 25, McClure 24-same as the first, the Lieutenant Governor voting for Mr. Spann.
Nominations for a Bank Director being next in order-
Mr. BRADLEY nominated Elijah Newland, of Floyd county.
Mr. BENNETT nominated Chas. E. Walker, of Jefferson county.
The ballot resulted: Walker 25, Newland 24--same as the first, the Lieutenant Governor voting for Mr. Walker.
Mr. BENNETT offered the following, which was adopted by consent.
Resolved, by the Senate, That the House of Representatives be informed that the Senate, by a separate vote, have chosen the following named persons to fill the various offices named in the concurrent resolution of the two houses, this day adopted, viz: For President of the Benevolent Institutions, Andrew Wallace, of Marion county; for Commissioners of the Hospital for the Insane, P. H. Jameson, of Marion county, and J. W. Moody, of Decatur county; for Trustees of the Institution for the education of the Deaf and Dumb, James Birt, of Jennings county, and John M. Kitchen, of Marion county; for Trustees of the Asylum for the Blind, John Baird, of Montgomery county, and John S. Spann, of Marion county; for Director of the State Bank, Charles E. Walker, of Jefferson county; in which the concurrence of the House is respectfully requested.
A message was received announcing the passage of a resolution by the House proposing a joint convention for the election of Commissioners of the Sinking Fund at 4 o'clock this afternoon.
On motion by Mr. DUNNING the Senate concurred in this resolution from the House.
REPORTS FROM COMMITTEES
Were concurred in, recommending the passage of Senate bills numbered 24, (see page 38 of these Reports,) 30, (page 44,) 60, 62, (p 63,) 65, (p. 85,) 77, (p. 96.) and 80, (p. 101,) that 79, (p. 96) lie on the table, and that new matter be substituted for 70, (p. 85 )
On motion by Mr. BROWN, of Wells, the bill S. 30 was laid on the table and 200 copies ordered printed.
LEAVES OF ABSENCE
Were obtained for Messrs. Marshall, Davis and Richmond till Tuesday.
page: 118[View Page 118]GENERAL SHERMAN'S ARMY.
Mr. PEDEN introduced a joint resolution [S. 13) tendering a vote of thanks to Major General Sherman, his officers and men for brilliant victories gained in the campaigns of 1864 which was read the first time.
Mr. BENNETT moved that the joint resolution be read by title only, in order that it may be referred to the Committee on Military Affairs. He fully concurred in every word con tainted in the resolution, but if he had read the history of 1864 aright, Gen. Sherman's is no the only army that hag won brilliant achievements. Other armies have shown equal bravery, and he would like it referred to some appropriate committee in order that such an amendment may be made. If we undertake anything of this kind, it is just as important to other armies as to Sherman's.
Mr. PEDEN did not desire to be understock as claiming for Gen Sherman all the glory, but offered the resolution simply because he happened to have acted with that part of our armies. Not wishing to detract from any other army corps, he mentioned Gen. Sherman's alone, that other gentlemen on this floor might have the privilege of claiming a little glory in a like manner for that part of the army to which they severally belonged. He bad no objection to the amendments proposed, and had offered the resolution in the shape it was out of courtesy, as already intimated to other military gentlemen on this floor.
Mr. OYLER recognizing the distinguished services of the General named in the resolution, thought it absolutely necessary, as we are not making history but perpetuating it, that we should tell all the truth. And with all due deference to the gentleman from Henry (Mr. Peden,) he had left out of the enumeration in his resolution several very important victories of the army under General Sherman, ''All of which I saw and part of which I was." [Laughter ] He thought it necessary that the resolution should be referred.
Mr. CORBIN. The names of gallant men who followed John Morgan, when on his raid through this State, have been left out [Continued laughter.]
The motion (Mr. Bennett's) was agreed to.
The joint resolution was read by title only, and referred to the Committee of Military Affairs.
JOINT CONVENTION.
A message announced that the House of Representatives was ready to join the Senate in convention for the election of Sinking Fund Commissioners.
Senators thereupon proceeded to the Hall of the House.
When the Senate returned-
Mr. MOORE made an ineffectual motion to adjourn.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and passed to the second reading:
By Mr. HORD, [S. 97,] to amend section 18 of an act for the government of the Hospital for the Insane, approved January 15, 1862.
By Mr. VAN BUSKIRK. [S. 98 ] to amend section 10 of an act providing for the election of Supervisors of Highways, &c., approved March 5, 1859.
By Mr. WARD, [S. 99,] requiring Clerks cf Circuit and Common Pleas Courts to make indexes to the record books of their respective offices.
BANK DIRECTOR.
A message announced that the House had chosen E. W. H. Ellis a Bank Director, and requested the concurrence of the Senate therein,
On motion of Mr. DUNNING the Senate concurred in this action of the House.
And the Senate adjourned.
