IN SENATE.
FRIDAY, February 24, 1865.The Senate met at 2 o'clock P. M. The journal of yesterday was being read when-
On motion by Mr. GIFFORD, the further reading thereof was dispensed with.
CLERK FOR A COMMITTEE.
On motion by Mr. WARD the Joint Committee on Corporations were authorized to employ a clerk to date from the 21st inst.
MILITARY AUDITING COMMITTEE.
Mr. BENNETT offered a concurrent resolution identical with the one offered in the House of Representatives Tuesday morning and printed on page 288 of the BREVIER LEGISLATIVE REPORTS.
On motion by Mr. DUNNING the concurrent resolution was referred to a select committee of 3 which the Lieutenant Governor makes to consist of Messrs. Bennett, Dunning and Cobb.
MORRISON AND RAY.
Mr. DUNNING presented a communication from Ex-Governor Wright concerning a claim of Morrison and Ray for legal services, which was referred to the Committee on Claims
JUDGES' SALARIES.
Mr. DUNNING, from the Committee on Fees and Salaries, returned the bill [S. 126,] (described on page 138 of the BREVIER REPORTS,) increasing the fees and salaries of Judges, with a report recommending its passage.
The resolution was concurred in by yeas 23, nays 22--as follows:
YEAS--Messrs. Allison, Barker, Beeson, Bennett, Bonham, Bradley, Brown, of Hamilton, Brown, of Wells, Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Gaff, Milligan, Oyler, Richmond, Thompson, Van Buskirk, Ward, Woods--23.
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NAYS--Messrs. Bowman, Cobb, Corbin, Douglas, Downey, English, Finch, Fuller, Gifford, Hanna, Hord, Hyatt, Jenkins, Marshall, Mason, Moore, Newlin, Noyes, Staggs, Terry, Vawter, Williams--22.
So the report was concurred in.
THE STATE PRINTING.
Mr. THOMPSON, from the Committee on Printing reported back the bill S. 169, (decribed on page 248 of the BREVIER LEGISLATIVE REPORTS,) recommending its passage.
Mr. HORD moved to recommit the bill, with the following instructions:
That it be so amended as to pay J. J. Bingham, the former State Printer at the same rates provided in the bill for all printing done by him as such State printer for the past two years.
After debate thereon--
On motion by Mr. BENNETT, the motion to recommit was laid on the table by yeas 26, nays 17.
Mr. BROWN, of Wells, moved to recommit, with instructions to inquire into the propriety of amending so as to provide for the payment of J. J. Bingham at the same rates, for work done by him as State Printer during the past two years.
After debate thereon, Mr. BROWN, of Wells, withdrew his motion to recommit.
The Senate then refused to concur in the committees report, by yeas 15, nays 30.
On motion of Mr. COBB, the bill was indefinitely postponed, by yeas 27, nays 19.
PAY OF MEMBERS OF THE GENERAL ASSEMBLY.
On motion of Mr. CULLEN, the bill S. 20, (see page 38 of these Reports,) was read the third time and passed by yeas 29, nays 16 as follows:
YEAS--Messrs. Allison, Bennett, Bonham, Brown, of Hamilton, Brown, of Wells, Cason, Cobb, Cullen, Davis, Douglas, Dunning, Dykes, Gaff, Gifford, Hanna, Hord, Marshall, Mason, Newlin, Noyes, Oyler, Richmond, Staggs, Terry, Thompson, Van Buskirk, Vawter, Ward, and Wright--29.
NAYS--Messrs, Barker, Beeson, Bowman, Bradley, Chapman, Corbin, Culver, Downey, English, Finch, Fuller, Hyatt, Jenkins, Moore, Williams and Woods--16.
So the bill passed.
WHITE WATER VALLEY CANAL.
Leave being granted, Messrs. RICHMOND, CHAPMAN, OYLER, BROWN, of Hamilton, CULVER, BONHAM, FULLER and CORBIN presented remonstrances against the passage of a bill diverting the White Water Valley Canal from its present purposes; which were referred to the Committee on Canals and Internal Improvements.
Subsequently Messrs. COBB, VAN BUSKIRK, BOWMAN, DOUGLAS, NEWLIN and MILLIGAN presented petitions in favor of such a bill; which took the same reference.
THE SUPREME AUTHORITY.
Mr. OYLER submitted the following:
MR. PRESIDENT--The Committee on Rights and Privileges of the inhabitants of the State, to whom was referred [recited on page 257 of the BREVIER LEGISLATIVE REPORTS,] a proposed amendment to the Constitution of the State, and to request our Representatives, and instruct our Senators to use their influence to have the same amendments incorporated into the Constitution of the United States, said proposed amendments acknowledging Almighty God as the source of all authority and power in civil governments, the Lord Jesus Christ as the Ruler among the Nations, and His revealed will as of Supreme authority, have had the same under consideration, and have instructed me to report thereon: First, As regards our State Constitution, the recognition of the Great Creator is full and ample in the preamble; and that as a general principle, the Christian religion has as full and complete a recognition in our laws, both primary and secondary, as is practicable or desirable. While your committee are of the opinion that it might be for the best for all the people to be Christian in faith and in practice they cannot lose sight of the great truth, that such is not the fact, and that the lights of conscience and of faith, are rights which are not, and of right ought not to be restrained, coerced, or imperiled by human legislators; that these rights are above and beyond the dictum or arbitrations of human law, and that for the use, or even the abuse, of them, the individual is responsible to God alone ; that while our Government, both State and National, is both in theory and in fact Christian, and known as such in all the world ; there are thousands upon thousands of citizens of the State and Nation that are not Christians, and in all human probability the proposed change would not, in any degree, tend to aid or assist their conversion or change of faith, however desirable such change may be; and it must be remembered that all of this class or classes have the same inalienable rights, by the endowment of the great Creator; that the genius and spirit of our institutions absolutely forbid any and all interference, either direct or indirect, with these God given rights, upon, principle, and in addition to this fact, it is the lesson of experience, that it is a very doubtful question if the cause of pure religion ever was, or in the nature and fitness of things, ever can be properly advanced, by connecting and wedding it to and with the civil government. A union of Church and State is full of un-mixed evil to both organizations; granulizing and destructive of the highest and greatest good of both; and as a consequence, to be deplored, and as far as no may be, to be prevented. There ought not to be, of light, any other qualification for office in a free people, than that of citizenship and a freedom from crime; and errors of faith are not crimes, and of right ought not to be made so by human enactment. Civil and religious liberty are the safeguards of individual liberty, harmonious and competent to effect the end arrived at in human government, while moving and operating in their appropriate spheres, but crippled and hindered whenever and wherever they are improperly joined together.
Your Committee are of opinion that any legislation upon the subject is unwise and inexpedient, and they ask to be discharged from any further consideration of the subject.
The report was concurred in.
OFFICIAL OVERCHARGING.
Mr. RICHMOND, from the Committee on County and Township Business, returned the bill, S. 161--see page 225 of these Exports--recommending its passage.
The report was concurred in.
WHITEWATER VALLEY CANAL.
Leave being granted, Mr. VAN BUSKIRK offered the following:
Resolved, That the Committee on Canals and Internal Improvements, to whom was referred House Bill No. 59, be discharged from the further consideration of said bill, and that they are hereby respectfully requested to return the same to the Senate at once.
Messrs. BENNETT and BROWN, of Wells, without committing themselves for or against the bill, objected to the passage of the resolution.
Mr. CULLEN regarded the resolution as an insult to the Committee on Canals and Internal Improvements; and looking upon it in that light, as chairman of the committee, repelled it in unmeasured terms.
page: 310[View Page 310]Mr. VAN BUSKIRK disclaimed most positively any intention of discourtesy, either to the Committee or to any Senator on the floor; and insisted that this action was parliamentary and of frequent occurrence in deliberative bodies.
Mr. BEESON regarded the resolution as impugning the motives of the committee, and as going a little too far. In all his legislative experience he never saw an outside pressure equal to that now being made in favor of this bill, and he hoped Senators would act without reference to this pressure.
Mr. CORBIN insisted there could be no good reason shown to justify the course now being taken; and hoped a due sense of respect for members of the committee would deter the Senate from adopting the resolution.
Mr. BRADLEY, made an ineffectual motion--yeas 21, nays 24--to lay the resolution on the table.
Pending which--
Mr. OYLER demanded a call of the Senate.
It was ordered, and being taken, but four Senator failed to answer.
Mr. BENNETT made an ineffectual motion to adjourn--yeas 11, nays 35.
Mr. RICHMOND moved to reconsider the vote just taken.
On motion of Mr. HORD, the motion to reconsider was laid on the table by yeas 33, nays 13.
Mr. HANNA demanded the previous question.
The demand was seconded by: 27 Senators.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas,14, nays 32.
Mr. BENNETT moved to reconsider the vote just taken.
The LIEUTENANT GOVERNOR decided the motion out of order.
Mr. BENNETT demanded a call of the Senate.
Pending which--
Mr. BENNETT asked, but failed to obtain, leave of absence for Mr. Cullen, and-
On motion by Mr. COBB, farther proceedings under the call were dispensed with.
Mr. BENNETT made an ineffectual motion to adjourn--yeas 12,nays 32.
The question being "Shall the main question be now put?"-
It was so ordered by yeas 32, nays 10.
Pending the roll call--
On motion by Mr. BENNETT, Mr. Beeson was excused from voting.
Messrs. BENNETT, CHAPMAN, RICHMOND, OYLER, CULLEN and WOODS asked, but failed to obtain, leave to be excused from voting.
The resolution was then adopted by yeas 25, nays 13--as follows:
YEAS-Messrs. Allison, Barker, Bowman, Brown, of Hamilton, Cason, Cobb, Culver, Douglas, Dunning, English, Gaff, Gifford, Hanna, Hord, Hyatt, Jenkins, Marshall, Mason, Milligan, Newlin, Staggs, Van Buskirk, Vawter, Ward, Williams.--25.
NAYS-Messrs, Bradley, Brown, of Wells, Davis, Downey, Dykes, Finch, Fuller, Moore, Richmond, Terry, Thompson, Woods, Wnght.--13.
Pending the roll call--
Messrs. Bsnnett, Chapman, Richmond, Oyler and Cullen, asked but failed to obtain leave to be excused from voting.
So the resolution was adopted.
Mr. HANNA moved to reconsider the vote just taken, and to lay that motion on the table.
Mr. BENNETT made an ineffectual motion to adjourn yeas 16, nays 28.
Pending the roll call, several Senators asked but failed to obtain leave to be excused from voting.
Mr. BENNETT demanded a call of the Senate.
It was ordered, and being taken discovered the fact that nine Senators were absent.
Pending the call several Senators asked but failed to obtain leave of absence.
Mr. BENNETT moved that the absentees be sent for.
On motion of Mr. DUNNING, this motion was laid on the table by yeas 34, nays 2.
Pending the roll call several Senators asked but failed to obtain leave to be excused from voting.
Mr. HANNA again moved to lay on the table his motion to reconsider.
And then-
On motion by Mr. BEESON at 7:45 o'clock--the Lieutenant Governor declared the Senate adjourned.
