IN SENATE.
SATURDAY, MARCH 4, 1865.The Senate met at 9 o'clock. A. M.
On motion of Mr. VAN BUSKIRK, the reading of yesterday's journal was dispensed with.
THE COMMON SCHOOL SYSTEM.
On motion of Mr. VAN BUSKIRK, the constitutional provision was twice suspended--yeas 31, nays 9--and the bill H. R .178 (see pages 136, 137, 138, 113 and 313 of the BREVIER REPORTS,) was read the first and second times by title only.
On motion of Mr. VAN BUSKIRK, the Senate resolved itself into a committee of the whole, Mr. Van Buskirk being called to the chair--and proceeded to the consideration of the bill H. R. 178.
Mr. NILES advocated the increased rate of taxation for the support of common schools. The bill under consideration had been prepared with the concurrence of the former and present Superintendents of common schools, and of the committees on education of both Houses. It is our highest duty as legislators to provide for the education of the children of the State. The bill makes a small increase of revenue for the purpose, and though he would cheerfully vote for twenty cents on the hundred dollars, the rate agreed upon by the House is the best we can hope to obtain at the present session. He was aware that taxes for bounties and other purposes are to be very heavy, but nobody complains of the school tax. He hoped the bill would be passed without amendment.
Mr. CARSON moved to amend the bill by fixing the tax at 10 cents instead of 16 cents on the $100.
Mr. DOUGLAS would prefer twenty cents, and offered an amendment to the amendment to that effect, but immediately withdrew it at the request of several Senators.
Mr. TERRY was also in favor of twenty cents.
On motion by Mr. CULLEN, the amendment was laid on the table.
Mr. HORD moved to strike out that portion of the bill which provides that the fund shall not be diminished by the expenses of its collection. He thought this Legislature was strangling the energies of the people by imposing upon them so much additional taxation.
On motion of Mr. ALLISON, the amendment was laid on the table, upon a division--affirmative 28, negative not counted.
Mr. COBB was satisfied this bill was an improvement on the old law, and although he could not endorse everything in it, still, with its defects, he hoped it would pass without amendment. Any amendment would certainly defeat the bill.
Before the bill was half read--
On motion by Mr. DOWNEY, the committee rose, reported progress, and asked to be discharged from the further consideration of the bill.
RAILROAD TAXATION
On motion by Mr. WILLIAMS, it was
Resolved, That the House of Representatives be requested to return to the Senate House Bill No. 158, which was transmitted to the House, as having passed the Senate, by mistake.
On motion by Mr. CASON, the rules were suspended for the third time to-day, and the bill H. R. 178 (see 135 and subsequent pages,) was ordered to be read the third time.
Pending the reading thereof came the recess for dinner.
AFTERNOON SESSION.
The third reading of the common school bill H. R. 178 was resumed and concluded.
On the demand of Mr. VAN BUSKIRK, a call of the senate was had, which discovered the fact that 12 senators were absent.
On his further motion the absentees were sent for.
When the absent senators appeared, further proceedings under the call were dispensed with.
Leave of absence was granted to Mr. Fuller.
Mr. CARSON moved to recommit the bill to a special committee of one from each congressional district, with instructions to amend by striking out of section one the words "sixteen cents," and inserting in lieu thereof the words "ten cents."
page: 374[View Page 374]On motion of Mr. RICHMOND the motion to recommit was laid on the table by yeas 31, nays 11.
Mr. CULLEN moved to recommit the bill with instructions to incorporate therein the following :
SEC. That teachers in the common schools of this state shall teach the principles of the national and state governments, so far as the same may be practicable, and shall inculcate in the minds of the people, the love of country.
On motion by Mr. MASON, the motion to recommit was laid on the table.
DRAINING CALUMET RIVER VALLEY.
The judiciary committee returned the bill H. R. 55, (see page 83) with amendments recommending its passage.
SINKING FUND COMMISSIONERS.
The committee on finance returned the bill H. R. 47, (see page 73,) increasing the powers of sinking fund commissioners, &c., with amendments., recommending its passage.
THE COMMON SCHOOL SYSTEM.
>The question being, shall the bill--H. R. 178-pass?
Mr. HORD spoke of the general and particular objections to the way this long hill of one hundred and ninety-nine sections had been pushed through the Senate. He could not say that he was prepared to vote for the bill, for it was certainly too onerous a burden to place upon our already overtaxed and overburdened people.
Mr. VAN BUSKIRK replied to the objection's urged and endeavored to convince gentlemen that they were not well founded.
Mr. CULLEN much regretted the fact that this bill came in at so late a day in the session. While he had the utmost confidence in the ability of the committee reporting it, yet he could not consent to the passage of the bill without presenting his objections to the Senate. He objected particularly to that part of section twenty-live, which confers upon the trustee the power of making repairs upon, or of removing or erecting school houses. The people of the district have the right to direct as to these things, and no man should disregard that right. He also protested against the passage of the bill without the amendment which he had the honor to offer a short time since, but which the Senate saw fit to lay on the table. Notwithstanding his objections, however, he should vote for the bill, relying upon the record of the Senate proceedings to show his position more clearly than him vote would.
THE PRACTICE OF LAW.
On motion by Mr. NILES, the House amendments to the bill S. 6, (see page 63) were taken up.
Mr. WILLIAMS moved to concur with an amendment striking out the prohibition so far as it relates to recorder.
On motion of Mr. BENNETT, the amendment was laid on the table, by yeas 26, nays 17.
Mr. WILLIAMS moved to indefinitely postpone the bill.
On motion by Mr. CULLEN, this motion was laid on the table, by yeas 24, nays 18.
The House amendments were then concurred in by yeas 27, nays 15.
THE COMMON SCHOOL SYSTEM.
Mr. CORBIN spoke in favor of the bill, H. R. 178.
The bill was then passed the Senate--yeas 37, nays 9--as follows :
YEAS--Messrs. Allison, Barker, Beeson, Bennett, Bonham, Brown, of Hamilton, Brown, of Wells, Cason, Chapman, Cobb, Corbin, Cullen, Culver, Davis, Douglas, Downey, Dunning, Dykes, Gaff, Hord, Hyatt, Marshall, Mason, McClurg, Milligan, Newlin, Niles, Noyes, Oyler, Peden., Richmond, Terry, Thompson, Van Buskirk, Ward, Woods, Wright--37.
NAYS--Messrs. Bowman, Bradley, Carson, English, Gifford, Moore, Staggs, Vawter, Williams--9.
GRANT COUNTY COMMON PLEAS.
On motion by Mr. MARSHALL the bill H. R. 202 was read the first time--the second and third times under a dispensation of the constitutional provision, and passed by yeas 46, nays 0.
APPROPRIATIONS FOR 1865 AND 1866.
Mr. CHAPMAN moved to take up the general appropriation bill H. R. 176.
Mr. HORD moved to amend by taking up the White Water Valley Canal bill H. R. 59.
Mr. RICHMOND moved to lay the amendment on the table. His motion was agreed to by yeas 28, nays 19.
Mr. VAWTER moved to amend by substituting the Morgan raid bill, S. 15.
On motion by Mr. CULLEN this amendment was laid on the table--yeas 29, nays 18.
Mr. HORD made an ineffectual motion to lay on the table the original motion (Mr. Chapman's,)--yeas 18, nays 29.
Mr. CASON demanded the previous question. It was seconded by 26 Senators.
Mr. HANNA made an ineffectual motion--yeas 16, nays 39--to adjourn.
The main question was ordered by yeas 33, nays 13.
The main question being on the motion (Mr. Chapman's) it was agreed to upon a division--affirmative 29, negative not counted.
The general appropriation bill, H. R. 176 was read the first time.
Mr. CHAPMAN made an ineffectual motion--yeas 30, nays 16--to suspend the constitutional provision and read the bill the second time now.
On motion of Mr. WILLIAMS the bill was read by title only, and referred to the committee on finance.
page: 375[View Page 375]That committee then had leave of absence for consultation.
THE MORGAN RAID BILL.
Mr. COBB moved to take up the Morgan raid bill, S. 15.
Mr. ENGLISH appealed to Senators to take up this bill and let the House amendments be concurred in.
Mr. BENNETT opposed the motion.
On motion of Mr. CULLEN the Senate took a recess till 7 1/2 P. M.
NIGHT SESSION.
The Senate met at 7 1/2 o'clock P. M.
RIGHT TO PROLONG THE SESSION.
Mr. NILES, as chairman of the judiciary committee by unanimous consent, said that the committee in obedience to the resolution of the Senate had under consideration the message of the Governor, as to the right to continue the session after Monday. The committee were in session again last night till near midnight without being able to arrive at an unanimous conclusion. In a matter of such grave importance it was desirable, if possible, that unanimity be secured. The committee hoped to be ready to report on Monday morning, which would be in time for all practical purposes.
He remarked that in his opinion, the words of the constitution fixing the term of the session might reasonably be construed to mean working days. In counting the mere lapse of time, for example the days which a bill of exchange has to run, we reckon by revolutions of the earth upon its axis. But since the sixth century of the Christian era in counting working days, such as days for judicial and legislative purposes, Sunday has been considered a dies non as completely as if Saturday night lapped directly on to Monday morning.
That usage was brought to this country with the common law, as part of our civilization. In the absence of any contemporaneous construction to the contrary, weekdays alone would be included in the sixty-one days ; but it was only fair to say that, according to his recollection of the proceedings in the convention, sixty days was first proposed for the duration of the session, but afterwards a revisory committee changed it to sixty-one days, as he supposed, in order that the session might terminate on Monday, instead of Sunday.
The question, in his mind, was chiefly one of expediency, as to whether it is wise now to depart from what seems to be a settled usage, for a temporary benefit, however great, or whether it is better to apply the old maxim stare decisis.
CLAIMS.
The committee reported favorably to Mr. H. Good's for $9 and $12, and adversely on Werden & Co.'s for $40.19
THE PRESIDENT OF THE SENATE.
Mr. BROWN of Wells. (Mr. Dunning in the chair) offered the following :
Resolved, That the thanks of the Senate be and they are hereby tendered to the Hon. Conrad Baker, lieutenant governor, for the able and impartial manner in which he has, during the present session, discharged his duties to the Senate as its presiding officer.
The resolution was adopted by a standing vote.
THE SINKING FUND.
On motion by Mr. VAN BUSKIRK the bill H. R. 199, providing for the distribution of the interest from loans of the sinking fund, was read the first time and the second time, under a dispensation.
Without objection the bill was amended by striking out the word "fond," and in lieu thereof inserting the word "revenue."
On motion by Mr. VAN BUSKIRK the constitutional provision was again dispensed with, and the bill read the third time and passed by yeas 21, nays 18.
On motion by Mr. DUNNING the vote on the passage of the bill was reconsidered, and--
After some conversation across the hall. cad in order to save time--
Mr. VAN BUSKIRK withdrew his motion to read the bill a third time now.
INSPECTION OP TOBACCO.
On motion by Mr. HANNA, the bill H.R. 122, (see page 158) was read the third time under a dispensation of the constitutional provision, and finally passed by yeas 46, nays 0.
INDIANA REPORTS.
On motion by Mr. BENNETT, the House amendment to the bill, S. 101, (see page 125) striking out the copy right, was concurred in.
THE MORGAN RAID.
Mr. COBB withdrew his motion, made just before the recess for supper, to take up the Morgan and other rebel raids bill, S.15.
APPROPRIATIONS FOR 1865 AND 1866.
The committee on financereturned the general appropriation bill. H. R. 176 with amendments, recommending its passage.
Messrs. BENNETT, DUNNING and COBB expressed the opinion that the bill had better be passed without amendments for fear it might not find a quorum in the House to pass the Senate amendments ; and Messrs. BEESON, CHAPMAN and CULLEN assigned similar reasons for the votes they cast upon the passage of the bill.
On motion of Mr. BENNETT the committees' amendments were laid on the table by yeas 36, nays 9.
On further motion of Mr. BENNETT the constitutional restriction was suspended and the bill read the second time.
page: 376[View Page 376]Mr. VAN BUSKIRK moved to further suspend the constitutional rule and read the bill the third time now.
Leave being granted Mr. BROWN, of Wells, offered the following :
Resolved, That the previous order of business be suspended and that the following bills be taken up in the order named and brought to a direct vote, namely: The Morgan Raid bill, White Water Railroad bill, the Morton bill, the appropriation bill, and that by the adoption of this resolution, Senators pledge themselves to carry out the order named.
Mr. CORBIN then addressed the Senate at some length reviewing the action thereof for the past few days. During his remarks several Senators grew impatient and points of order were raised that he was not confining himself to the question before the Senate.
The LIEUTENANT GOVERNOR finally decided that the points of order were well taken.
Mr. CORBIN appealed from the decision of the Chair and demanded the yeas and nays on the question of appeal.
The question being : "Shall the decision of the Chair stand on the judgment of the House?" it was decided in the affirmative by yeas 36, nays 3.
Mr. BROWN, of Wells, withdrew his resolution.
Mr. ALLISON demanded the previous question and there being a second the main question was ordered.
The constitutional provision was then suspended and the bill passed by yeas 42, nays 3.
Pending the roll call--
Mr. BROWN, of Wells, said he voted for the bill under protest. He would not like to see it fail for want of his vote.
Mr. CARSON rather than see the measure defeated would vote ''aye.''
Mr. DOUGLAS saw many things in the bill he did not like, but preferred to vote for this one rather than the House should adjourn without passing any general appropriation bill.
Mr. DOWNEY had not obtained his own consent to act upon a measure of so much importance, it having been before the Senate but so short a time, and requested that his name, should be passed till he saw the result of the vote.
Mr. VAWTER voted under an arrangement with gentlemen that other bills now before the Senate should be acted upon to-night.
And so the bill passed.
WHITE WATER VALLEY CANAL.
Mr. ENGLISH moved to take up the Morgan and other rebel raids bill S. 15.
Mr. COBB moved to amend by substituting the White Water Valley Canal bill H. R. 59.
Mr. CULLEN made an ineffectual motion--yeas, 22 ; nays 25--to lay the amendment on the table.
Mr. GIFFORD demanded the previous question, and the demand was seconded by twenty-seven senators.
The main question was ordered by yeas 30, nays 16, and the amendment agreed to by yeas 30, nays 15.
The original motion as amended was also agreed to by yeas 31 nays 15.
The question then being on the passage of the bill H. R. 59--
Mr. COBB demanded the previous question and there was a second.
Mr. CULLEN made an ineffectual motion to adjourn--yeas 8, nays 36.
The main question was ordered by yeas 33. nays 10.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas 8, nays 37.
Mr. CORBIN moved to reconsider the vote ordering the main question.
On motion by Mr. VAWTER the motion to reconsider was laid on the table--yeas 35, nays 11.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas 8, nays 39.
The first part of Mr. Cullen's amendment to section 1, (see page 348 of these Reports.) was read and rejected by yeas 12, nays 34.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas 8, nays 37.
The second part of the amendment just described was read and rejected by yeas 12, nays 34.
Mr. RICHMOND made an ineffectual motion to adjourn;yeas 9, nays 33.
The amendment offered by Mr. Oyler (see page 348) was read and rejected by yeas 12, nays 35.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas 12, nays 34.
Mr. BENNETT, in pursuance of an understanding had at the time the other amendments were offered, submitted the following :
Amend by adding to the first section the following; And provided further, That the grantee, or lessee of any canal granted or leased under the provisions of this act, shall construct, and put in working order, a railroad along the line of such canal, as above provided, within three years from the date of such grant, or lease, or on failure so to do, forfeit all the rights and privileges so granted.
The amendment was rejected by yeas 12, nays 32.
Mr. OYLER made an ineffectual motion to adjourn--yeas 15, nays 30.
Pending the roll call--
Messrs. CARSON and DOWNEY announced as an explanation of their votes that it was after the hour of twelve, midnight.
Mr. OYLER, as he was a conscientious man and didn't like to work on Sunday asked to be excused.
So the Senate refused to adjourn.
The bill H. R. 59 was ordered to be read, the third time now by yeas 28, nays 7--5 refusing to vote.
page: 377[View Page 377]Pending the roll call--
Mr. CORBIN as it was past midnight objected to casting any more votes and asked that his objection might be spread upon the journals. [Voices- "I object."]
Mr. CULLEN said this being the Sabbath day. I refuse to vote.
Mr. OYLER said this being the Sabbath day I decline to vote, and ask that it may go upon the journals.
So the Senate refused to adjourn.
Mr. RICHMOND made an ineffectual motion to adjourn--yeas 13, nays 24.
Mr. RICHMOND moved to reconsider the vote by which the bill was ordered to be read the third time.
On motion by Mr. DUNNING the motion to reconsider was laid on the table by yeas 25, nays 74 refusing to vote.
On motion by Mr. WILLIAMS it was
Resolved, That when the Senate adjourns, it adjourns to meet on Monday morning at 9 o'clock.
Mr. WILLIAMS made an ineffectual demand for the previous question--but 23 Senators seconding the demand.
Mr. CULLEN made an ineffectual motion to adjourn--yeas 12, nays 21--refusing to vote 2.
Mr. CULLEN made an ineffectual demand for a call of the Senate--yeas 3, nays 25--refusing to vote 4.
There being no quorum present--
The Senate adjourned at twenty-five minutes before one o'clock a. m.
