IN SENATE.
THURSDAY, February 23, 1865.The LIEUTENANT GOVERNOR called the Senate to order at 9 o'clock A. M.
The journal of yesterday's proceedings was being read, when--
On motion by Mr. Cason, the further reading thereof was dispensed with.
PETITIONS
Were presented by Messrs. WARD, RICHMOND, DOWNEY, CHAPMAN, VAWTER, ENGLISH, HORD, GAFF and HYATT, from citizens of the Whitewater Valley, praying for a law by which a railroad may be constructed on the line of the Whitewater Valley canal, not impairing the present hydraulic power thereof; which were referred to the Committee on Canals and Internal Improvements.
Messrs. MILLIGAN and WOODS presented Petitions praying for a law requiring the applicant for license to sell intoxicating liquors, to procure the signature of a majority of the voters of the town thereto before license shall be issued; which were referred to the Committee on Temperance without reading.
REPORTS FROM COMMITTEES
Were concurred in, recommending the passage of House bill numbered 8, (see page 271 of BREVIER REPORTS,) and 63, (see p. 83,) and Senate bill numbered 141 and 143, (see p. 165,) and 119 (p. 138,) which latter bill--
On motion of Mr. VAN BUSKIRK was read the second time, and--
On motion by Mr. WILLIAMS, re-committed to the Judiciary Committee.
LEAVE OF ABSENCE
Was granted Mr. Niles from to-morrow morning till Monday night.
SOLDIERS' RELIEF.
The special order for this hour--being the bill H. R. 14--was postponed till 11 o'clock this day.
COUNTY AND OTHER BONDS.
Mr. WILLIAMS, from the select committee thereon, returned the bill AS. 3, with House amendments thereto, (described on page 273 of these reports,) recommending that they be concurred in, with other amendments proposed by the special committee.
Mr. WILLIAMS was willing that the people of the several counties shall do as they please in this matter of issuing bonds, but did not want to see another draft take place as it did last fall.
Mr. OYLER knew it was popular to talk about the right of the people to govern themselves. They have that right, and he firmly believed is the ability of the people to exercise it. But there is such a thing as the popular mind going crazy on some subjects, and to-day one-half the counties of the State have gone mad on this matter, and it is the duty of the Legislature to lay its hand on and stop this carriage which is running, us down hill to destruction. It is the duty of every loyal man to yield the service demanded of him by the Government. It is because men love their carcasses better than their pockets that they make this pressure bear upon the Legislature. He was opposed to legalizing what the counties have already done on this subject, and insisted that this thing ought to be stopped for all time to come.
Mr. BENNETT undertook to say that the greatest evil about this thing arises from the fact of our delay in this matter by which county bonds have been depreciated and bought from the soldier at a great shave by the sharper. The County Commissioners supposed they had the right under the law of 1861 to issue these bonds, and having done so in good faith, at an early day in the session, he introduced this bill to legalize such acts. With other Senators here, he believed the subject of bounties had been carried to an unreasonable extent, and that it ought to be stopped where it is. As an original idea he did not believe in bounties. The proper way to raise soldiers is by a draft, and if the drafted man did not want to go let him hire a substitute. But this is not an original proposition; if is a proposition to meet a debt already created. A large majority of the Soldiers have already received their bounty, and in such cases they are taxed to pay for the debt created in paying them their bounties.
Mr. NILES was in favor of prohibiting the issuing of bonds by counties, cities and townships, in the future, and was, therefore, opposed to the amendment of the committee. It did not seem proper to make a factious or futile opposition to what appeared to be a foregone conclusion-the passage of the bill substantially as it came from the House. Yet he regretted it, as full of evil to the State. He was amazed a page: 300[View Page 300] the amount of bands which have been issued in some neighborhoods. The aggregate amount in the State is probably not less than fifteen or twenty millions of dollars, and he feared that the indebtedness would bear like an incubus on the people. The county Laporte, and several others, in the north part of the State, have filled their quotas by paying money down, and have created no extraordinary burden of future taxation. He was credibly informed that the bonds of some of the counties are thrown on the market a forty or fifty cents on the dollar; When the war is over, and everything again comes down to a specie basis, produce must fall, for a time below its former prices, and many farmer must find it difficult to pay their taxes an support their families. The worst of it all is that these bonds will chiefly go into the hands of moneyed men and speculators, at a price much below their par value, and our soldier must be taxed to pay for exempting other from liability to serve in the army.
He had confidence in the sober second thought of the people, but it was not safe to entrust the power to create public burdens to the people in their aggregate capacity, under circumstances in which they cannot act calmly and with sufficient consideration. A pure Democracy has never been anything but an organized mob. Except for the provision in our present Constitution forbidding counties to subscribe for stock in corporations, nearly every county in the State would have undertaken to aid the building of some railroad, and would be now, like the county of Knox, groaning under its indebtedness. That county, as is known, struggled for years against such a debt, and finally yielded only to the mandate of the highest judicial tribunal of the country.
These bounty bonds were all issued without authority of law, and if we now legalize these transactions, then, in case of another draft, this example will be followed, in defiance of a positive prohibition, and another Legislature will be called on to legalize another more enormous issue of local bonds. He dreaded the effect of opening such a flood gate. Mr. N. continued at some length.
Mr. VAWTER would never vote to limit the power of county commissioners to issue bonds, but he expected to vote for most of the amendments reported from the House.
Mr. BRADLEY moved to lay on the table that committee amendment giving authority to county boards to appropriate a sum not exceeding two hundred dollars to the man, viz: Add to the 3d section these words:"For a greater amount in the aggregate than two hundred dollars for each man."
The motion was agreed to by yeas 25, nays 15.
Mr. RICHMOND made an ineffectual motion--yeas 16, nays 25--to lay on the table the additional section proposed by the Committee, as follows:
SEC. 4. And be it further enacted, That all orders and obligations for the purpose aforesaid, made or entered into by any township trustee, and all taxes which have heretofore, or which may hereafter be levied for the payment of such indebtedness, by the Township Trustee, with the approval of the Board of Commissioners of the county, be and the same are legalized, and authorized.
This committee amendment was then agreed to.
Mr. CULLEN moved to amend so as to strike out so much of section one as legalizes the payment of bounties or moneys to drafted men. We may have the right to appropriate money for the benefit of those liable to draft; but he could not see the justice of the principle which would tax other men for the purpose of relieving a man who owes personal service to the Government.
Mr. BEESON hoped the amendment would not prevail, thinking it would work injustice to the several townships of the State, and he cited instances where it would so operate.
On motion of Mr. BENNETT, the amendment was laid on the table, by yeas 33, nays 7.
Mr. DOWNEY moved to amend the 2d section so that the taxes shall not be collected in any township which has, by voluntary contribution or otherwise by its own action, raised its quota of volunteers, and where any such township has raised, in such manner, a part of the number of men required from it, it shall be exempt in that proportion.
On motion of Mr. BENNETT, the amendment was laid on the table, by yeas 22, nays 20--as follows:
YEAS--Messrs. Beeson, Bennett, Bradley, Cason, Chapman, Cobb, Corbin, Culver, Douglas, Dunning, Fuller, Gaff, Hanna, Marshall, Mason, Newlin, Niles, Staggs, Thompson, Vawter, Ward, Williams--22.
NAYS--Messrs. Barker, Bonham, Bowman, Cullen, Davis, Downey, Dykes, English, Finch, Hyatt, Jenkins, Milligan, Moore, Noyes, Oyler, Richmond, Terry, Van Buskirk, Woods, Wright--20.
So the amendment was laid on the table.
Mr. RICHMOND wished to see whether Senators are looking to the interests of soldiers or not, and moved to amend by adding the following section:
SECTION--It is hereby provided that in all cases of taxes assessed and charged to pay all such debts as are named in this act, on the property of persons who have been or are now in the naval, marine, or military service of the United States in the present war for suppressing the Southern rebellion, or their families or descendants, not including substitutes, or those who have not served one year, or those who received bounties from counties to the amount of three hundred dollars or over, the service of such person so being or having been in the service shall be deemed equal in such taxes; and said taxes shall be satisfied and discharged on the order of the Board of Commissioners of the proper county, or, in vacation of said Board, on the order of the County Auditor.
Mr. COBB was satisfied that this amendment would destroy the bill because of its unconstitutionality. He should vote for the amendment were it not that he was sure it was unconstitutional.
Mr. CULLEN asked if the amendment was unconstitutional, would it destroy the whole bill?
Mr. COBB was not prepared to say it would, but saw no use in voting to tack on an unconstitutional amendment. He read from Supreme Court decisions which fixed him in his conclusions.
Mr. OYLER said that this matter had been submitted to high authority in the State, and was pronounced to be constitutional by that authority. He spoke in favor of the amendment, which he contended was not obnoxious to the objections urged by the gentleman.
page: 301[View Page 301]Mr. WILLIAMS desired to show to our soldiers in the field that we would deal fair and honest with them. If this Legislature does not do justice to them some future Legislature would. He would as willingly vote to exempt soldier's property from taxation as any other man if he could legally do it. He hoped the bill would be passed as near as may be as it came from the House.
Mr. THOMPSON concurred in the observations made by the Senator from Knox. He feared that by adding any more amendments after this, the fate of the bill would ba endangered.
Mr. BENNETT, in explanation, said if the House refused to concur in this amendment, he should vote to recede from the amendment. If he thought it was unconstitutional, he should vote against it. But giving the benefits of his doubts on the side of the soldier, he should vote "aye."
Mr. STAGGS would vote for the amendment too, if he thought the bill would pass with it, but fearing to endanger the passage of the bill, he should vote "no."
Mr. WILLIAMS made an ineffectual motion,--yeas 14, nays 29--to lay the amendment on the table.
The amendment was then adopted by yeas 29, nays 12--as follows:
YEAS--Messrs. Bennett, Bonham, Bradley, Cason, Chapman, Corbin, Cullen, Davis, Downey, Dunning, Dykes, Finch, Hord, Hyatt, Jenkins, Mason, Milligan, Moore, Niles, Noyes, Oyler, Richmond, Terry, Thompson, Van Buskirk, Vawter, Ward, Woods, and Wright--23.
NAYS--Messrs. Barker, Beeson, Bowman, Cobb, Culver, Douglas, Fuller, Hanna, Marshall, Newlin, Staggs and Williams--12.
So, the amendment was adopted.
Mr. RICHMOND moved to reconsider the vote just taken, and to lay that motion on the table.
And then came the recess for dinner.
AFTERNOON SESSION.
On motion of Mr. VAWTER, the regular order of business was suspended, and his Morgan and other rebel raids bill, S. 15, (see pages 266, 267, 268, 269 and 270 of the BREVIER LEGISLATIVE REPORTS,) was taken up, read the third time, and finally passed by yeas 29, nays 17, as follows:
YEAS--Messrs. Allison, Barker, Bowman, Cobb, Cullen, Culver, Douglas, Downey, Dunning, Dykes, English, Finch, Fuller, Gaff, Gifford, Hanna, Hord, Hyatt, Jenkins, Marshall, Mason, Newlin, Oyler, Staggs, Van Buskirk, Vawter, Ward, Williams and Wright--29
NAYS--Messrs. Beeson, Bennett, Bonham, Bradley, Brown, of Hamilton, Brown, of Wells, Cason, Chapman, Corbin, Davis, Milligan, Moore, Niles, Noyes, Richmond, Terry, and Woods:--17.
So the bill passed.
WILD GAME.
The Committee on Agriculture returned the bill S. 174, (see page 283,) recommending its passage. The report was concurred in.
LEAVE OF ABSENCE
Was obtained for Mr. Peden on account of sickness.
DOG LAW.
On motion of Mr. COBB the bill H. R. 8, (described on page 271 of BREVIER REPORTS,)was read the second time, and under a dispensation of the Constitutional provision--yeas 36, nays 8--read the third time, and finally passed, by yeas 37, nays 8.
RELIEF OF THE FAMILIES OF SOLDIERS AND SEAMEN.
On motion by Mr. BENNETT, the Senate resolved itself into a Committee of the Whole- Mr. Downey in the Chair-and proceeded to the consideration of the special order for this morning, being the relief bill, H. R. 14--see pages 142, 143, 144 and 145 of the BREVIER LEGISLATIVE REPORTS--the question being on an amendment to the first section, striking out the word "three" before the word "mills," and inserting in lieu thereof the word "two."
Mr. BENNETT moved to lay the pending amendment on the table.
Mr. VAWTER withdrew the amendment.
The second and third sections of the bill were read and adopted.
The fourth section being read-
Mr. CORBIN moved to amend by striking out the three last words, viz: "or any substitute."
Mr. OYLER made an ineffectual motion to lay the amendment on the table.
Mr. CORBIN believed there was manifest injustice in excluding from the benefits of this bill the families of substitutes; and for this reason he had offered the amendment.
Mr. BENNETT was willing to vote for the amendment.
Mr. OYLER insisted that this bill is for the benefit of soldiers' families-for the benefit of patriot soldiers' families-and not for the benefit of the families of those who go in the service out of mercenary motives. He was not willing that the benefits of this bill shall extend to the families of substitutes, for the reason that it is to be supposed such an one will have sufficient funds at home to keep his family till he comes back.
Mr. ALLISON understood that the object of the bill was to protect from suffering the families of those serving in our armies, and was not for the benefit of the drafted man, the volunteer or the substitute. It would be unjust and unfair to make any invidious distinctions between the families of those who are fighting our country's battles.
Mr. THOMPSON did not know of a more worthy class than are these substitutes-many of whom are war-worn veterans, and he could not see the propriety of making distinctions between the families of men who go to war as substitutes or those who receive bounties for going. There was a barbarity in the idea that he could not tolerate.
The amendment was agreed to-affirmative 34, negative not counted.
Section 4, as amended, was adopted.
Sections 5 and 6 were adopted.
Section 7 being read-
Mr. CULLEN moved to amend so as to prohibit persons who receive pensions from the General Government from enjoying the benefits of the provisions of this bill.
On motion by Mr. CASON, the amendment was laid on the table.
On motion by Mr. WOODS, the section was amended by adding the words "and if the said page: 302[View Page 302] child be motherless, four dollars per month.
"Section 7, as amended, was adopted.
Section 8 being read--
On motion by Mr. CULLEN, the section was amended "so as to require the Township Trustee, as the disbursing officer of said fund, to give bond to the acceptance of the County Commissioners in the sum of double the amount! which may come into his hands."
Section 8, as amended, was adopted,
Section 9 was adopted.
Section 10 being read--
Mr. CORBIN moved to strike out all in the section after the word "act" in the sixth line, [Giving the Governor authority to appoint one or more citizens in any county to act in the place of the County Commissioners in carrying out the provisions of this act.] The placing of that power in the hands of the Governor is certainly impracticable. The authority is very great. He opposed the idea of entirely ignoring the home law-making power, but favored the idea of keeping that power as near the people as possible. This provision of the resolution wag going entirely too far.
Mr. OYLER opposed the amendment, contending that it does not affect the good man, the honest man-the man who pays due regard to his oath.
Mr. BRADLEY favored the amendment.
Mr. WILLIAMS moved to amend the amendment by striking out the whole section. It is going a good way to presume that County Commissioners will not obey the laws of the land.
Mr. RICHMOND moved to lay the amendment and the amendment to the amendment on the table.
Mr. WILLIAMS withdrew his amendment.
The committee refused to lay the amendment [Mr. Corbins,] on the table upon a division--yeas 15, nays 21.
Mr. BENNETT moved to substitute the words "Judge of the Circuit Court" in place of the word "Governor."
On motion of Mr. BROWN, of Wells, this amendment was laid on the table.
Mr. NILES moved to reconsider the vote by which the committee refused to lay the amendment [Mr. Corbin's,] on the table.
Mr. HORD was of the opinion that the whole section should be stricken out. Let this power remain where other matters of this kind are usually vested.
Mr. DUNNING could see no evils that would result from leaving this section in the bill.
On motion by Mr. COBB the motion to reconsider was laid on the table, upon a division, affirmative 23, negative 20.
The amendment [Mr. Corbin's,] was agreed to upon a division--affirmative 22, negative 21.
On motion of Mr. CULLEN, section 10 was amended by adding thereto these words: "And said person or persons so appointed by the commissioners shall give bond as required of said .trustee in section 8 of this act."Section 10 as amended was adopted.
Section 11 was adopted.
Section 12 being read--
Mr. CORBIN moved to strike out of the section all allowing the Commissioners to borrow money in anticipation of the revenue to be derived from the tax levied by this bill. His objection was the mixing of the various funds belonging to the county with this fund. The tax might never be collected, and there were a great many other ways in which trouble may ensue.
Mr. OYLER thought we might as well have no bill at all, as far as the relief of suffering is concerned for at least one year, for it is evident that the taxes levied under this bill cannot be collected in less than that time.
On motion by Mr. BRADLEY, the amendment was laid on the table.
Mr. OYLER moved to insert the words "and required," before the words "borrow."
Mr. WILLIAMS made an ineffectual motion to lay this amendment on the table.
Mr. BROWN, of Wells, was of opinion that there is no necessity for these words in the bill. Indeed, his county did not desire this bill. They would take care of soldiers' families, without any statute on the subject. He was opposed to requiring County Commissioners to do what their own feelings of humanity would necessarily lead them to do.
Mr. OYLER wished to make this law imperative, and consequently urged upon the committee the advantages of the proposed amendment.
Mr. CORBIN regarded it as an insult to County Commissioners, to insert these words, and for that reason he opposed the amendment.
The amendment was agreed to upon a division--affirmative 26, negative not counted.
Section 12, as amended, was adopted.
Sections 13, 14, 15 and 16 were adopted.
On motion by Mr. BENNETT, the vote by which section 10 was adopted, was reconsidered.
On motion by Mr. BENNETT, section 10 was stricken out upon a division-affirmative 20, negative 18.
Mr. OYLER moved to amend by adding the following section:
SECTION--. "That the act, entitled An Act to authorize the Boards of Commissioners of the several counties in the State of Indiana, and the authorities of any incorporated city or town in said State to make appropriations in certain cases, and to legalize certain appropriations therein specified," approved May 11,1861, be and the same is hereby repealed, provided that the Boards of County Commissioners, and the corporate authorities of cities and towns, may in their discretion distribute any and all provisions, wood or other stores, purchased or provided by such authorities for the relief and protection of the families of soldiers, to such families.
On motion by Mr. CULVER, the amendment was laid on the table.
On motion by Mr. CULLEN, the committee reconsidered the vote by which section 9 adopted.
Mr. CULLEN moved to amend by out the words, "on the first Tuesday in April," and inserting in lieu thereof the words, "last Monday in March."
Mr. CASON opposed the amendment, and on his motion it was laid on the table.
On motion by Mr. HORD, the section was amended by inserting after the time the bill fixes, these words: "And as many times as the board of commissioners may require."
Section 9, as amended, was adopted.
page: 303[View Page 303]Section 17 was adopted.
Mr. LIEUTENANT GOVERNOR moved that the committee recommend to the Senate to strike out that portion of the bill which makes discrimination between citizens of the State.
Mr. CHAPMAN made an ineffectual motion to lay this motion on the table.
The motion was then agreed to.
Mr. BENNETT moved to reconsider the vote by which section 1 was adopted, that he might move to make the basis of this bill on the needy soldiers.
On motion by Mr. VAWTER, the motion to reconsider was laid on the table.
On motion by Mr. HORD the committee rose and reported progress.
The report was concurred in, except the part striking out the 10th section, and the recommendation concerning discriminations.
The Senate refused to concur in the amendment of the Committee of the Whole, striking out section 10, by yeas 23, nays 24--the Lieutenant Governor voting in the negative--as follows:
YEAS--Messrs. Barker, Bowman, Bradley, Brown, of Wells, Cobb, Corbin, Douglas, Downey, Finch, Fuller, Gaff, Gifford, Hanna, Hord, Jenkins, Marshall, Mason, Moore, Newlin, Staggs, Vawter, Williams and Wright--23.
NAYS--Messrs. Allison, Beeson, Bennett, Bonham, Brown, of Hamilton, Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, Milligan, Niles, Noyes, Oyler, Richmond, Terry, Thompson, Van Buskirk, Ward, Woods and Mr. President--24.
So the Senate refused to concur in the amendment of the Committee of the Whole, striking out section 10.
The recommendation of the Committee of the Whole to reconsider the vote by which the Senate struck from the House bill the words printed below, as proposed by the Committee on Finance, was concurred in by yeas 31, nays 14.
So the vote was reconsidered.
Mr. BROWN, of Wells, made an ineffectual motion to adjourn.
The question then recurring on agreeing to the amendment proposed by the Committee on Finance, striking out the following words from the House bill:
"Who have not otherwise sufficient means for their comfortable support, such fact to be determined by the disbursing officer, but any applicant dissatisfied with the decision may refer the same to the board of county commissioners, whose determination shall be final."
The amendment was rejected by yeas 14, nays 30.
And then the Senate adjourned.
