IN SENATE.
THURSDAY, March 2, 1865.The Senate met at 9 o'clock. A M.
On motion by Mr. DUNNING, the reading of the Secretary's journal of yesterday was dispensed with.
SWAMP LANDS.
Mr. TERRY submitted the following:
Mr. PRESIDENT: The Committee on Swamp Lands, to whom was referred the petition of Joseph E. Smith and others, praying that said Joseph E. Smith be empowered to relinquish his title to certain swamp lands by him entered, and to enter other swamp lands in lieu thereof, and have had the same under consideration, and being of unanimous opinion that this General Assembly is not authorized to trade in lands, have instructed me to report the petition to the Senate, and recommend that it lay on the table.
The report was concurred in.
A TEMPERANCE LAW.
Mr. DOWNEY submitted the following:
Mr. PRESIDENT: The Judiciary Committee, to which was referred Senate bill No. 142, (see page 165 of these reports,) defining the crime of drunkenness, and prescribing the penalty therefor, have had the same under consideration, and a majority have instructed me to report the same back to the Senate, with the following amendment, and when so amended,they recommend its passage. Strike out the bill from the enacting clause, and insert the following:
"Every person who shall, on any street, sidewalk, or highway, or in any railroad car, railroad depot, or other public building or place, be found intoxicated with liquor, so as to be noisy, insulting or quarrelsome, or so as to stagger or fall, in consequence thereof, shall be deemed guilty of public drunkenness, and on conviction thereof shall be fined in any sum not exceeding ten dollars."
The report was concurred in.
NATIONAL STATUARY.
Mr. DUNNING submitted the following:
Mr. PRESIDENT: The select committee to which was referred the message of the Governor, and the accompanying documents, in reference to furnishing statues by the State of Indiana, not exceeding two in number, for a "National Statuary Hall'' in the old hall of this House of Representatives at Washington City, D. C , have had the same under consideration.
The committee have instructed me to report that they appreciate the importance of the subject matter referred to them, and believe that Indiana numbers amongst her deceased state-men, who are "illustrious for their historic renown," and also for their "civic and military services," many names worthy the high standing of Indiana amongst her sister States of the Union, who are worthy of the high honor contemplated by the act of Congress. Nevertheless, the late period of the session at which the message was received, and the great press of unfinished business now before the Legislature, as well as the difficulty and delicacy in making a selection, admonish the committee that it would be proper to report the message and accompanying documents back to the Senate, and ask that the further consideration of this matter be postponed for the action of a future Legislature, the committee recommend that the subject be laid upon the table.
The report was concurred in.
REPORTS FROM COMMITTEES.
The Judiciary Committee reported in favor of the Agricultural College bill, S. 119, (see ppge 138.)
On motion of Mr. WILLIAMS the bill was read a second time and ordered to be engrossed.
The committee on claims reported favorably on the following accounts:
Henry Rees, for salt, &c., $5 60; E. W. Brown, clock railing, repairing locks, &c., $12; Jones, Vinnedge & Jones, one dozen brooms, $5; Tousey, Byram & Co., for matting, &c., $44 28; toweling, $3 25, shears, &c., $2 35.
Mr. STAGGS from the select committee thereon, returned his bill, 102, for the relief of A. W. Loudermilk, with a report that further legislation thereon was inexpedient.
The reports were concurred in.
COURT OF COMMON PLEAS.
Mr. OYLER moved that the Committee on the Judiciary be instructed to report back all bills concerning the reorganization of Courts, with recommendations that they lie on the table.
Mr. CARSON would desire time to consider such bills if it were proposed by their friends to pass them, and was of opinion there was not the necessary time in this session to legislation on this subject.
Mr. BROWN, of Wells, would oppose any revolution of the present court system would favor certain changes in the jurisdiction of courts.
page: 355[View Page 355]Mr. ENGLISH was opposed to any change at time in the present probate system of our State.
Mr. HORD opposed the motion. He was of pinion that the Common Pleas Court should be abolished.
Mr. NILES was satisfied that another system could be inaugurated much mere satisfactory and less expensive.
Mr. BENNETT believed a majority of the Senate would be in favor of bills abolishing the Courts of Common Pleas.
The motion was agreed to.
COUNTY AND OTHER BONDS.
On motion by Mr. HANNA, the Senate took Up the House amendment to the bill S. 3, providing that the property of commissioned officers shall not be exempt from taxation under the bill.
Mr. OYLER looked upon the amendment as unrighteous and unjust. He expected to vote for the amendment, at the same time protesting against its adoption. He realized the insult, stigma and wrong done to the officers of Indiana by this amendment.
Mr. BENNETT would vote for the amendment, because he was anxious for the passage of the bill. He would forego his objections, many of which have not been named.
Mr. RICHMOND considered the amendment an outrage upon the Senators from Union, Johnson and himself, all of whom enlisted as privates, and rose to the command of a regiment.
The House amendment was agreed to by yeas 31, nays 16.
THE SINKING FUND.
On motion by Mr. RICHMOND, the bill [H. R. 47,] to increase the power of the Sinking Fund Commissioners, &c., was read the first time, and by title again, and then referred to the Committee on Finance.
THE PRESIDENT'S ADVANCE OF $250,000.
On motion by Mr. HANNA, the Senate proceeded to the special order for this hour, being the bill H. R. 153, (see page 179 of the B. R.,) which bill was read the third time.
Mr. BEESON. The bill does but a simple act of justice as between the State of Indiana and her Executive. He gave reasons why that bill should pass without serious opposition.
Mr. OYLER also urged upon Senators the importance of passing this bill. He desired to keep bright the escutcheon of the State. Had not these acts been performed by our Governor, the Benevolent Institutions of the State could not have been maintained, our Courts would have been shut up and everything: that kept the Government in motion would have been stopped.
Mr. CORBIN. regarded this as a matter of much moment in many respect, not because of the money in it, but because of the principle involved. He drew a parallel between this bill and the Morgan raid bill; and it was upon the same principle he had opposed both bills.
Mr. CULLEN was certain of the fact that there was a legal and moral responsibility resting upon the Senate to pass this bill; and argued the legal points of the question. Had the General Government advanced this money to any other person than Governor Morton, he believed there would have been no opposition to the passage of this bill. The honor of Indiana depended upon the getting of this money. There never was a greater necessity for any act on earth than there was for the General Government to step forward and advance to us the money. He contended that the vouchers were all in the name of the great State of Indiana; the money had been expended for his benefit, and she alone can settle properly with the General Government. He spoke till the ususal hour for adjournment and gave way for that motion.
And then came the recess for dinner.
AFTERNOON SESSION.
Mr. CULLEN resumed the floor and continued his remarks in favor of the passage of the bill.
Mr. VAWTER performed a painful duty in opposing the passage of the bill. To vote for this bill would make him untrue to the political principles which he had learned, and to which he has been devoted ever since he had any conception of governments. The friends of this measure, by their argument, admit that the action of the Governor was in this respect unauthorized, and yet we are asked to endorse that unauthorized act. Gentlemen tell us that a portion of this money was used to give refreshment to soldiers, and to bring home sick soldiers. I say to the gentlemen of the opposition that if they will introduce a bill appropriating money to care for soldiers, whether in the field, hospital, or at home, that bill shall pass before this time to-morrow, endorsed by the vote of every Democrat in this General Assembly. When gentlemen state that the Democratic members of this Senate are opposed to appropriations for the benefit of the soldiers they mistake the record. These gentlemen know that every Democratic Senator has repeatedly assured them that they will vote every dollar necessary for the soldiers, whether the same be cents, dollars, hundreds, thousands, or millions, of dollars. But the gist of this matter is, shall we step in and make the disbursing agent of the United States our agent? Shall we, even by implication by the passage of this bill, assume that Mr. Lincoln improperly made a disbursing agent; that that disbursing agent improperly exercised his power. Let Governor Morton settle with his superior, Mr. Lincoln. If he has used any of this money for improper purpose, and Mr. Lincoln will not endorse the acts of his agent, then will be time for us to examine the question, how much of this improper conduct we must assume. But I say to gentlemen, that if Governor Morion has violated his duties as agent, and Mr. Lincoln repudiates those violations, and if it shall appear that this money was used for our soldiers, then I will vote to reimburse such sums.
Mr. BENNETT occupied the attention of the Senate for some time in favor of the passage of the bill. When he had concluded--
Mr. CULLEN demanded a call of the Senate.
It was ordered, and being taken, five Senators were reported as absent without leave.
page: 356[View Page 356]On motion by Mr. VAN BUSKIRK the absentees were sent for.
Mr. DOWNEY moved to recommit the bill with the following instructions:
Amend as follows:1st. Strike out the whole of the preamble.
2d. Strike out the bill from enacting clause insert in lieu thereof the following:
1st That the expenditure of the sum of one hundred and thirty four thousand five hundred and twelve dollars and sevety-two cents ($134,512 72,) made by O. P. Morton, Governor of this State out ot the two hundred and fifty thousand dollars ($250,000) advanced to him by the President of the United States, for the purposes of the State be and the same is hereby ratified and legalized.
2d. That the said O. P. Morton, Governor of the State, be and he is hereby authorized, by the consent of the President of the United States, to pay into the Treasury of the State the sum of one hundred and fifteen thousand four hundred and eighty-seven dollars and twenty-eight cents ($115,487 28.) balance of said sum, two hundred and fifty thousand dollars, to be accounted for to the President, or other proper authority of the United States, with the said sum expended as aforesaid. But nothing in this act shall be construed so as to imply the existence of rebellion in this State at any time, or an unwillingness of the art of the State to provide for the full payment of all her obligations, and the discharge of all her duties as a loyal State of the Union.
On motion by Mr. WILLIAMS, further proceedings under the call were dispensed with.
Mr. COBB made an ineffectual demand for the previous question.
On motion by Mr. BENNETT the motion to recommit was laid on the table by yeas 25; nays 24, as follows:
YEAS--Messrs. Allison,Beeson,Bennett, Bonham, Brown, of Hamilton, Cason, Chapman, Cullen, Culver, Davis, Dunning, Dykes, Hyatt, Miligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Woods, Wright--25.
NAYS--Messrs. Barker, Bowman, Bradley, Brown, of Wells, Carson. Cobb, Corbin. Douglas, Downey, English, Finch, Fuller, Gaff, Gifford, Hanna, Hord, Jenkins, Marshall, Mason, Moore, Newlin, Staggs, Vawter, Williams--24.
So the motion to recommit was laid on the table.
The bill then failed to pass for want of a constitutional majority by yeas 25, nays 24--the same vote as just recorded.
Mr. BENNETT moved to take up the bill again.
Mr. COBB made an ineffectual motion--yeas 21, nays 28--to lay this motion on the table.
The Senate agreed to the motion to take up the bill again by yeas 27, nays 22, as follows:
YEAS--Messrs. Allison, Beeson, Bennett, Bonham, Bradley, Brown, of Hamilton, Cason, Chapman, Cullen, Culver, Davis, Downey, Dunning, Dykes, Hyatt, Milligan, Niles, Noyes, Oyler, Peden, Richmond, Terry, Thompson, Van Buskirk, Ward, Woods, and Wright--27.
NAYS--Messrs. Barker, Bowman, Brown, of Wells, Carson, Cobb, Corbin, Douglas, English, Finch, Fuller, Gaff, Gifford, Hanna, Hord, Jenkins, Marshall, Mason, Moore, Newlin, Staggs, Vawter, and Williams--22.
Mr. DOWNEY moved to reconsider the vote by which his motion to recommit was laid on the table.
On motion of Mr. OYLER this motion was also laid on the table by yeas 25, nays 24.
Mr. THOMPSON addressed the Senate at length in favor of the passage of the bill.
Mr. HANNA announced that there was much legislation necessary to be done here, but the opposition had discussed this bill all day, and if they placed their pet measures as a blockade upon farther proceedings here, his, friends would meet them at Philippi. There is no excuse for delay one hour longer, and he asked why are gentlemen so determined that no other legislation shall go on?
Mr. CULLEN on yesterday had no idea that there was a Senator on this floor who would refuse concurrence in the House bill, but now he would say for himself that nothing can come before this Senate till this shall be disposed of. He was willing to meet the gentleman at Philippi, and to take breakfast, dinner and supper, aye, and sleep with him there. He was not willing to pass over this important bill for less important measures, and for one be would insist on the final disposition of this bill before anything else shall come before the Senate.
Mr. WILLIAMS rose to a point of order, viz: That there is no rule which authorizes a second vote on a bill that fails for want of a constitutional majority.
Pending which--
SESSION HOURS.
On motion by Mr. VAN BUSKIRK it was--
Resolved, That when the Senate adjourn, it adjourn to meet to-morrow morning st 9 o'clock.
And then the Senate adjourned.
