IN SENATE.
FRIDAY, January 27, 1865.The Senate met at 2 o'clock P. M.
The Lieutenant Governor being absent-
On motion by Mr. CORBIN, the Senator from Monroe, [Mr. Dunning.] was called to the Chair.
On motion by Mr. VAN BUSKIRK, the reading of yesterday's journal was dispensed with.
REPORTS FROM COMMITTEES
Recommending passage of the bill, S. 82, (see page 101 of these Reports,) and that the bill S. 26, (page 38.) lie on the table, were concurred in.
A RESIDENCE FOR THE GOVERNOR.
Mr. CARSON, from the Committee on Public Buildings, returned the bill, [S. 41,] authorizing the sale of the Governor's Mansion, recommending its passage, with an amendment providing for the purchase by the Auditor and Treasurer of State, and Calvin Fletcher, Sr., Commissioner, of a permanent residence for Governors of the State, with the proceeds of the sale therein authorized.
Mr. CORBIN moved that the bill be laid on the table and 100 copies thereof printed for the use of the Senate.
Mr. BEESON objected to the printing as a needless expense. The bill set forth in a few plain words its object; Senators knew the property well, and there was not so much in it but that it could easily be remembered.
Mr. COBB favored the motion to print. It would cost but a trifle, and the bill was an important one. The Governor's residence and page: 124[View Page 124] lot would sell readily for $50, 000, and now is the time to sell.
Mr. THOMPSON. We were very anxious to sell the property for the reason the gentleman has suggested; there is probably no better time for its sale than this. Every Governor has recommended the sale of this property from Gov. Wright down, Gov. Morton excepted. He would like the property sold before this Legislature rises, so that gentlemen here could be at the sale and see how it sells, and probably some of them might invest. He would prefer the bill put through to-morrow, and the business of selling it reached as quick as possible.
Mr. CORBIN withdrew his motion to print.
Mr. DOWNEY proposed to amend by authorizing the Commissioners to rent a suitable residence for the Governor till the purchase is made, or to pay his Excellency-----dollars at stated periods in lieu thereof.
The amendment was agreed to.
Mr. NILES remarked that he deemed the present a favorable time to sell the Governor's house, and we have no longer any use for it. But, as he understood the bill, it required the Commissioners to purchase another houie for the Governor's residence. He did not believe that a suitable house for the purpose could be bought. He thought that at a favorable time we should purchase well located and ample grounds, and build a residence for the Governor, as convenient and complete in all its appointments as skill and science could make it one that would stand for centuries, and be appropriate for dispensing the hospitalities of the Executive mansion, and a pleasant house for the Governor's family. The property proposed to be sold would probably bring enough to build such a house. He was well acquainted with one of the Commissioners named in the bill, and thought him in all respects a good man to be intrusted with the sale of the property and the management of the proceeds. But he hoped the bill would not pass in its present form.
Mr. CULLEN concurred in the remarks made by the gentleman from Laporte [Mr. Niles] and in order that the bill may be perfected he moved to recommit the bill and amendment to a select committee of five.
The motion was agreed to.
EXEMPTION OF SOLDIERS' PROPERTY.
Mr. BENNETT, by direction of the Judiciary Committee, submitted the following report:
MR. PRESIDENT :The Committee on the Judiciary, to whom was referred Senate Bill No. 78, entitled "An act exempting certain Real and Personal Property from Taxation in certain cases," introduced by Senator Bennett, have had the same under consideration, and have directed me to report the same back to the Senate, with the recommendation that it lie upon the table, for the reason that they believe its provisions to be unconstitutional. Sec. 1st of article 10th of the State Constitution is as follows, viz:"
The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law."
While your committee are deeply sensible of the hardships imposed upon that class of our citizens who have served in the armies of the United States,by the collection, of taxes from their property, to pay bounties to induce other citizens, equally liable to military duty, to enter the army, and while your committee unanimously and earnestly favor the bill under consideration, upon principle, yet its provisions are so clearly in contravention of the provisions of the constitution above recited, that they are reluctantly compelled to report against its passage.
Mr. BENNETT. Before this report is adopted, and the Bill finally disposed of, I desire to say a word in reference to its provisions.-- There are involved in this bill questions of great importance to a large portion of our citizens-that portion, too, for whom I trust we all feel a deep interest. I mean the gallant, brave, and patriotic soldiers of Indiana, who for the last four years, have reflected so much credit upon our beloved State, and rendered such eminent services to the common country, The bill provides that the property of all soldiers in the army; of all soldiers who have served their time in the army; of all soldiers; who have been disabled in the service; and of all widows and miner children of deceased soldiers, shall be exempt from all taxes levied to pay bounties to procure volunteers or substitutes. And while I am compelled to agree with the honorable committee that the provisions of this bill are unconstitutional, being in opposition to the section of the Constitution recited in their report; yet I must say that such a decision, correct as it is, has changed my whole idea of taxation for the purpose of raising bounties.
Sir, while it is true that I am here as the representative of all classes of people, I am especially the representative of the soldier in the field, and shall, so far as I am able, guard every interest of his with an earnest solicitor and zealous care. I think I know something of the soldier's merits, and the soldier's wants. And I thank God to-day that, from the beginning of the war up to the present time. I have been a soldier in army of the Union, and have with Indiana's "brave boys in blue,"suffered their hardships and dangers, and shared with them their honors and their glories. I hope the Senate will pardon my seeming vanity, when I refer to my connection with the army; for it is the pride of my life, and it is but an act of simple justice to allow me to cherish and enjoy it. Then, sir, it may not be considered strange that I should devote a great share of my legislative duties to the interests of the soldier. I do not claim for myself a devotion to the cause of the soldier, above that of any other Senator. I am glad to find here, without distinction of party, a feeling of pride in the glorious record of Indiana soldiers. And do they not deserve our admiration and love, and demand of us, all the fostering care we can throw around them? The time was, when it was no great credit to claim to be an Indiana soldier, for cowards in high places had tarnished the fair fame of our gallant State; but the wheel of fortune has turned on, and the "the coward," adding treason to his cowardice, has gone down beneath the breath of popular indignation, while the State that he attempted to disgrace, has, by the bravery of her soldiers, and the patriotism of her people, been "redeemed, regenerated, and disenthralled," page: 125[View Page 125] ed," and to-day stands among, if not the very foremost on the records of gallantry. So that to-day the blush of shame has departed, and next to that of an American citizen, no prouder title can be claimed than that of an "Indiana Volunteer." This glorious consummation has cost us much, for our brave boys have fallen on every battle-field of the Republic, and their silent graves are scattered all over the country, along the banks of the Potomac, the James, and the Rapidan; in the desolated valley of the Shenandoah; on the green mountain slopes of Western Virginia; in the valleys of the Cumberland and the Tennessee; on either side of the great father of waters down to the gulf and all along the coast from the Rio Grande to Hampton Roads. These brave men, the living and the dead, and their families, are objects of especial interest to every citizen of Indiana. While I shall advocate and vote for every sure that looks to the support of soldiers' families and the care of the soldier in the field volunteer, substitute and drafted man alike, I shall not support any measure that taxes the property of the soldier in the field-the soldier who has served out his time-of the soldier who has been discharged on account of rounds and disability received in the service-of the widows and orphans of soldiers who have lost their lives in the service, for the purpose of raising bounties to induce others to perform the same service, or te prevent others from having to perform such service. I will vote to legalize all that has been done. Then I will stop, unless the law can be made to shield these worthy men from the rigors of the oppressive taxation which will be inevitable.
The report of the committee was concurred in, and so the bill lies on the table.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and passed to the second reading:
By Mr. RICHMOND, from the Committee on County and Township Business, to which had been referred sundry petitions praying for an increase of pay for Township Assessors, [S. 100,] fixing the compensation of Township Assessors, after January 1,1865, at $2 50 a day for each day of service.
By Mr. BENNETT, [S. 101,] to amend the second section of an act amending sections 5 and 6 of an act to provide for the election of a Reporter of the Supreme Court, &c., approved February 28, 1855; also to amend section 7 of an act to provide for the election of a Reporter of the Supreme Court, &c., approved February 5,1852.
By Mr. STAGGS, [S. 102,] for the relief of A. W. Lowdermilk, and authorizing a transfer to him of certain lands therein described.
WORK FOR COMMITTEES.
Senate bills numbered 88 to 95 (inclusive,) 97, 98 and 99 introduced yesterday and the day before-were read by title only and referred to appropriate committees.
Senate bills numbered 34 (see page 44 of these Reports,) and 56. (page 63) were read the second time and referred to the Judiciary Committee.
PASSED TO THE THIRD READING.
Mr. Noyes's Felony Bill [S. 28,see page 38,] Mr. Niles's joint Contract Bill [S. 44 see page53,] and Mr. Gaff's Aurora Turnpike Bill [S. 60,] were read the second time and passed to the third reading.
COUNTY OFFICERS.
Mr. Bonham's bill [S. 63] prohibiting County officers and their deputies from practicing law in any court in this State, was read the second time.
Mr. MOORE moved to amend by striking from the bill all that relates to Sheriffs, Treasurers and Auditors.
Mr. WRIGHT spoke very briefly in favor of the amendment, and Messrs. BROWN, of Wells, and BONHAM against it.
Mr. MASON was of opinion that these officials should foe prevented from practicing for they made a sufficient amount to keep them out of their salaries.
Mr. DUNNING did not think it right to put these men in office and then allow them to get a practice they never would have obtained had it not been for their official position. It is wrong for any man to have possession of papers belonging; to a party against whom he is the opposing attorney.
Mr. NILES. If there be a nuisance in any community more-detestable than another, it is a lawyer who is constantly stirring up strife among his neighbors, and he would not put in the way of any lawyer the temptations for such a vocation which the occupancy of these offices does afford. And if the law is a respectable profession, it must be saved from such degradation.
Mr. MOORE would vote for the bill were his amendment adopted, otherwise he should vote against it,
Mr. WILLIAMS inquired how any voter possessing a good moral character, could be prevented from practicing in the Courts of the State. The Constitution guarantees to such an one this right.
Mr. NILES. That provision of the Constitution has not escaped our notice. It is to receive a reasonable and Mr construction. It surely does not deprive us of the right to exclude a Circuit Judge, or a Judge of the Supreme Court, from practicing. That is not an iron rule which shall admit of no qualification.
Mr. BENNETT. This bill is a bill not for the benefit of attorneys, but for the benefit of the parties in action in Courts. We are prescribing what our officers shall do, not what citizens shall do. Officers accept the rights and privileges of the office to which they are elected, and we are but saying that they shall not leave their business in the Court House, and be running all over the county attending to business of their own.
Mr. GIFFORD moved to refer the bill and pending amendments to the Committee on Rights and Privileges of the Inhabitants of the State.
On motion of Mr. CULLEN, the motion to refer was laid on the table, by yeas 37, nays 5; and the motion to amend was laid on the table by yeas 30, nays 13.On motion by
Mr. DOWNEY, the bill was amended by adding these words: "in any case page: 126[View Page 126] or matter in which his court has or may have jurisdiction.
The bill was then ordered to he engrossed.
INCREASING RATES OF TOLL.
Mr. Bradley's bill [S. 65] giving authority to Boards of Directors of turnpike or plank road companies to charge a higher rate of toll than the law now allows, was read the second time.
Mr. BOWMAN moved to amend by striking out all in regard to sheep, hogs and cattle, and insert in lieu thereof the provisions of the old law.
On motion of Mr. TERRY, this amendment was laid on the table, by yeas 31, nays 9.
The bill was then ordered engrossed.
RECESS TILL MONDAY.
Leave being granted,
Mr. BONHAM offered the following resolution, which was adopted by consent:
Resolved, That when the Senate adjourn, it be till two o'clock P. M. on Monday next.
PUBLIC DOCUMENTS.
Mr. CULLEN offered the following:
Resolved, That the State Printer be ordered to print for the use of the Governor and the members of the Senate, eight thousand copies of the accompanying documents to the Governor's message; and that the State Librarian be directed to forward to each member of the Senate an equal portion of the same as fast as they are delivered.
Mr. MASON moved to amend the resolution by striking out "8,000" and inserting in lieu thereof "5,000."
The motion was agreed to by yeas 24, nays 17.
The resolution, as amended, was adopted by consent.
BASTARDY.
Mr. CASON from the Judiciary Committee returned the bastardy bill [8. 52] with a report recommending its passage with amendments.
The report was concurred in.
LEAVES OF ABSENCE
Were obtained for Messrs. Dykes and Hiatt till Wednesday
THE BENEVOLENT INSTITUTIONS.
Mr. CORBIN offered the following, which was adopted by consent:
WHEREAS, It is reported that some of the officers of the benevolent institution of the State have prostituted said institutions to the advancement of personal ends, and contrary to the welfare and good government of the same,
AND WHEREAS. It is the duty of the citizens of the State to guard with a frugal hand the expenditure of money made for the government of said institutions, therefore, be it
Resolved, That the Committee on Benevolent Institutions are hereby directed to make full investigation relative to said reports, and if necessary, to send for persons and papers, and report what remedy, if any, is necessary to correct such evils.
And then the Senate adjourned.
