IN SENATE.
MONDAY, December 18,1865.The PRESIDENT pro tem. called to order at 9 o'clock A. M.
The journal of Saturday not being completed, its reading was dispensed with.
The PRESIDENT pro tem, presented a communication from the Acting Governor transmitting the annual report of the Superintendent of the Institute for the education of the blind, asking additional appropriations; which was referred to the Committee on Finance.
Mr. NILES, from the Judiciary Committee, returned Mr. Wright's bill, S. No. 311, legalizing real estate sales made by Deputy Sheriff's under executions, orders of court, etc.; with amendments.
The bill was read the second time.
Subsequently, on motion by Mr. WRIGHT, the rules were suspended - yeas 30, nays 0 - the bill was read the third time, and finally passed the Senate by yeas 36, nays 0.
Mr. NILES introduced a bill [S. No. 315,] for An Act defining certain misdemeanors, and prescribing the punishnient therefor, [to prohibit the sale or carrying of brass nucks or slung-shots,] which was read the first time.
Subsequently, on motion by Mr. HORD, the constitutional restriction was twice dispensed with - yeas 38, nays 0 - the bill was read the second and third times, and finally passed the Senate by yeas 36, nays 0.
Mr. Brown, of Wells, obtained leave of absence till 3 o'clock P. M.
WORK FOR COMMITTEES.
The following bills were read the second time; and referred to committees where so indicated:
- The bill H. R. 41, legalizing sales by guardians under orders defective.
- The negro testimony bill H. R. 25.
- The Calumet canal bill H. R. 86.
- The Railroad lines bill H. R. 95; - to the Committee on Corporations.
- The bill amending the act incorporating Insurance Companies, H. R. 117; - to the Committee on Corporations.
- The witness fee bill H. R. 184; - to the Committee on County and Township Business.
- The bank liquidation bill H. R. 189; - to the Committee on Banks.
- The gravel road bill H. R. 196.
- The grand jury jurisdiction bill H. R. 220; - to the Committee on County and Township Business.
- The lawful public notice bill H. R. 231.
- The teacher's license bill, H. R. 237.
- The St. Joseph river dam bill H. R. 239; - to the Judiciary Committee.
- The Huntington charter bill H. R. 254.
- The Indianapolis Criminal Court bills H.R. 277, 278, 279, 280 and 300; - to the Judiciary Committee.
- The forfeited recognizance bill H. R, 294; - to the Judiciary Committee.
- The deputy acts legalizing bill H. R. 299; - to the Judiciary Committee.
- The bill H. R. 213, abolishing the sinking fund offices; - to the Committee on Finance.
On motion of Mr. HANNA the joint resolution H. R, No. 11, for the relief of Geo. W. Archer, was read the third time.
Mr. H. and Mr. CHAPMAN pronounced this case entirely meritorious; the former reciting the circumstances connected with it.
Mr. WILLIAMS raised the point of order that a joint resolution could not appropriate money.
Mr. HORD made an ineffectual motion to refer it to a special committee, with instructions to change it to a bill.
The joint resolution was passed by yeas 37, nays 1.
On motion by Mr. ALLISON his bill No. 294, amending sections eighteen and nineteen of An Act prescribing the powers of Justices of the Peace in State prosecutions, approved May 29, 1852, (described on page 148 of the BREVIER REPORTS,) was read the third time and passed the Senate by yeas 27, nays 9.
TAXATION FOR NEGRO EDUCATION.
Mr. BARKER offered the following:
Whereas, The people of the State are taxed more than they are well able to pay; therefore,
Be it Resolved, That the Senate ia opposed to taxing white men's property for the benefit of negroe's children.
Mr. RICHMOND movotl to refer it to the Committee on Education.
On motion by Mr. WILLIAMS this motion to refer was laid on the table.
Mr. RICHMOND moved to refer the resolution to the Committee on Rights and Privileges.
Mr. HANNA moved to lay this motion on the table.
Mr. RICHMOND made inneffectual motions for a call of the Senate - affirmative 16, negative 20 - and that the Senate do now adjourn.
Mr. HANNA withdrew his motion.
Mr. VAWTER demanded the previous question. The demand was seconded by the Senate; and the main question being ordered
page: 221[View Page 221]The motion to refer was rejected by yeas 18, nays 21.
The resolution was then adopted by yeas, 34, nays 5.
Pending the roll-call -
Mr. NILES remarked, in explanation of his vote, that he was in favor of educating negro children, but by voting against the resolution he could not express his true sentiments. He was opposed to exclusively taxing whites for the education of the blacks, and as the only means of avoiding such a conclusion, he was compelled to vote "aye."
Mr. THOMPSON, when his name was called, said: For many long years it was customary to tax the negroes of this State to educate the whites; and he thought it but right that we should reciprocate. He was really opposed to educating colored people by a tax upon the whites in toto, but was in favor of taxing the whites and blacks both for educating colored children. If we keep a debased and despised race among us it will only tend to drag our children down; therefore, he was in favor of educating that population. For these reasons he voted against the resolution.
The vote was then announced.
HOUSE BILLS READ THE THIRD TIME.
The bill, H. R. 21, amending section 22 of An Act defining misdemeanors, etc., approved June 14, 1852; coming up in regular order -
It was finally passed by yeas 33, nays 6.
The bill, H. R. 22, to legalize the sale of certain school lands in Lake county; coming up in order -
Mr. WRIGHT explained its provisions.
The bill finally passed by yeas 38, nays 0.
The bill, H. R. 29, amending section fifteen of an act concerning enclosures, trespassing animals and partition fences; approved June 4,1852, coming up in order -
Mr. WRIGHT explained the bill.
It was finally passed by yeas 37, nays 0.
The bill, H. R. 33, amending section eight of the Liquor Law of March 5, 1859; coming up on order -
Mr. ALLISON said the only change in the present law contemplated by this bill is, that it provides a penalty for selling liquor on Sundays and election days.
It was finally passed by yeas 35, nays 2.
The bill, H. R. 52, to render uniform assessments of personal property in the several townships; coming up in order -
It was finally passed by yeas 37, nays 0.
The bill, H. R. 53, amending section fourteen of the uniform township business act, approved February 18, 1859; coming up -
On motion of Mr. VAWTER with unanimous consent, it was amended by prefixing the enacting clause.
The bill finally passed by yeas 30, nays 8.
The bill, H. R. 58, to amend the fifth and sixth sections of the Act regulating interest ou money: and to repeal An Act concerning interest on money, approved May 27,1855; the fifty-first section of the Act defining misdemeanors, etc., appproved June 14, 1852; and all other laws or parts of laws in conflict with this act, approved March 7,1861; coming up -
Mr. NILES recited its provisions.
It was finally passed by yeas 33, nays 1.
The bill, H. R. 62, empowering incorporated cities and towns to plant and maintain shade etc., [in the same manner as sidewalk ordinances are made and enforced]; coming up -
It was finally passed by yeas 29, nays 5.
The bill, H. R. 64 amending section 406 of the General Practice Act, approved June 18, 1852; [in regard to issuing executions on judgments of old standing]; coming up -
Mr. NILES and Mr. MeCLURG thought the bill ought to pass; - the former explaining its provisions.
The bill was finally passed by yeas 37, nays 0.
The bill, H. R, 67, to entitle attorneys to hold liens on judgments; coming up -
It was finally passed by yeas 26, nays 11.
The bill, H. R. 75, to enable "Railroads to build branches to neighboring coal mines; coming up -
The bill was finally passed by yeas 35, nays 3.
The bill, H. R. 79, amending the Road and Supervisors' Act of March 5,1859, coming up -
It was finally passed by yeas 31, nays 6.
The Senate took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
Mr. RICHMOND, from the Committee on County and Township Business, returned the grand jury misdemeanor bill H. R. 220; recommending its passage.
It was passed to the third reading.
On motion by Mr. CASON. the vote adopting Mr. Barker's negro-children-education resolution this morning, was reconsidered. [Laughter.]
On motion by Mr. YAN BUSKIRK, the resolution was referred to the Committee on Education. [Renewed merriment.]
Mr. REAGAN presented a petition praying for repeal of the so-called black laws; which was referred to the Committee on Rights and Privileges.
Several reports from the Committee on Claims were made and referred to the Committee on Finance, with instructions to incorporate the same in the specific appropriation bill.
Mr. NILES, from the Judiciary Committee, returned the St. Joseph river dam bill H. R, 239; recommending its passage.
The bill was passed to the third reading.
On motion by Mr. RICHMOND (amid peals of laughter and other demonstrations of merriment - the Democratic benches still being empty) it was -
Resolved, That in the opinion of this Senate, the children of negroes within this State should be educated as the children of Democrats are.
Mr. WOOD, from the Committee on Corporations, returned Mr. Allison's bill, S. No. 309, amending the charter of the city of Madison; recommending its passage.
The bill was passed to the third reading.
Mr. HANNA understood that an important resolution was passed a few moments ago which involves a question of humanity, and he desired io record his vote upon it. [Laughter.]
VOICES"No consent." "Yeas and nays."
Mr. COBB did not know what question the Senator refers to, but he understood there was an important resolution referred to the Committee on Education during the absence of a portion of the Senate; and while he had full confidence in the ability of that Committee to act upon such matters, he preferred the resolution should be in the hands of the Senate. He page: 222[View Page 222]moved that the resolution be recalled from the Committee for the action of the Senate.
On motion of Mr. CULLEN this motion was laid on the table by yeas 24, nays 21. A message from the House of Representatives announcing adherence to its amendments to the Morgan raid bill, S. No. 15; which the Senate had refused to concur in -
On motion by Mr. ALLISON, a Committee of Conference on the disagreement between the two Houses was authorized, and the President made the Committee on the part of the Senate to consist of Messrs. Allison and Cobb.
On motion of Mr. DYKES, the bill, H. R. 239, authorizing any manufacturing company to erect a dam across the St. Joseph river, in Elkhart county, was read the third time under a suspension of the rules - yeas 41, nays 0.
The bill finally passed by yeas 40, nays 0.
Mr. NILES, from the joint select committee with reference to the procurement of a more secure place for the public offices, submitted a report (similar to the one presented to the House yesterday morning by Representative Newcomb,) recommending the passage of a bill [S. No. 316] for An Act to provide more secure and less expensive accommodations for the offices of State, and Judges of the Supreme Court; for procuring the means therefor by loan of the Sinking Fund, and for effecting a gale of the State Treasury, lot towards reimbursing such loan; which was read the first time.
On motion by Mr. ALLISON, the rules were suspended - yeas 34, nays 8 - and the bill was read the second time.
Subsequently - just previous to the adjournment Mr. HANNA made an ineffectual motion - yeas 21, nays 8 - to further suspend the Constitutional restriction that the bill might be read the third time.
REPEAL OF THE SOLDIERS' RELIEF LAW.
On motion by Mr. BEESON the House amendments to Mr. Bennett's bill S. No. 198 for repeal of the soldier's family relief law, were considered. The first amendment - to section 3 - was concurred in. The second amendment adding a section directing the paying in the State Treasury of seven per cent. of the moneys collected under the act repealed, out of which shall be appropriated seven per cent, for the indebtedness incurred by the Governor for the relief of Indiana soldiers; and the remainder applied to the relief of discharged disabled officers and soldiers: being read -
Mr. CULLEN opposed concurrence in the second amendment. We have just now concurred in an amendment which requires the Board of Commissioners of each county to attend to the necessities of sick and wounded soldiers. He could see no necessity for taking out of each County Treasury 7 per cent. of the moneys collected under the law of last session, and bringing it here for the Governor to do with it precisely what we have enjoined upon the Commissioners of each county to do. If the Governor has expended money in anticipation of What the law of 1865 authorized to be collected, let him so report to this Legislature; and if he has paid out moneys, as he was authorized to do, every Senator will say, let its know the exact amount, and where it has gone to, and it is all right. He insisted that if the first amendment of the House of Representatives is carried out, there will be no necessity for the second - the one now under consideration. To bring 7 per cent. of these moneys up here to be expended in taking care of disabled, sick and wounded soldiers, seemed to him unnecessary. If a proper bill was brought in to take care of this class of persons, no Senator would vote against it. Then let us leave the money where it is, in the several counties. He would favor the building of a Soldiers' Home, but was not willing to take money from the several counties in this round-about way.
Mr. COBB concurred in most of the remarks of the Senator from Rush, [Mr. Cullen,] but when soldiers return from the field they do not stop in this city, as a general thing, longer than is absolutely necessary, and they want no Soldiers' Home in Indianapolis. In the locality where he lived, he was proud to say, no soldier or relative of a soldier depending upon him for support has ever suffered. He saw no necessity for this amendment, and hoped it would be voted down. It is proposing to make a tax upon the people for something that is not asked for by the soldiers.
Mr. OYLER, knew of counties not thirty miles from here where soldiers, their widows, children and wives have suffered; and the trouble was that those who sympathized on the other side did not give their dollars to aid them. Then there were soldiers who had no homeno direct and absolute abiding places and they could not be provided for so economically anywhere else as they could at a soldiers' home right here in Indianapolis. He thought the amendment was right and proper.
Mr. CASON also favored the amendment. He did not understand it would compel County Commissioners to expend one dollar of this money. It leaves it to their discretion. Gentlemen have to say now, whether they will vote for this provision, or one similar to it, or whether they will compel the soldiers to go to poor houses. The County Commissioners have no authority by law to provide homes for homeless soldiers, and they are compelled to send them to those dens of refuge called county poor houses. He feared we would adjourn without making provision for any relief to our disabled soldiers if this amendment should fail; and he urged upon Senators to vote for the amendment rather than take such a risk.
Mr. CULLEN contended that the first House amendment already concurred in, provides that County Commissioners shall take care of disabled soldiers - it makes it their imperative duty; then what is the necessity for bringing this seven per cent, to the city of Indianapolis? He said nothing against the project of a soldiers' home; for he would gladly co-operate in such an idea, if properh carried out. He would vote for an amendment paying out of this fund any sum the Governor has already expended in pursuance of the act of last session, but would go no further. He would not vote to put money in the hands of the Governor to do that which you have already required County Commissioners to do. He desired that this tax levied under the law of. 1865 should be used for the purpose of clearing the counties of their indebtedness: and for no other purpose.
Mr. COBB understood the bill to require every county which has already expended the page: 223[View Page 223]fund collected under the law of last winter, to raise and send up here seven per cent, of that fund. That being the case, this amendment should not be adopted. He should oppose spending money to build up an institution which would give salaries to persons who might spend their time in perambulating the State denouncing better men than they. He believed County Commissioners would take care of suffering soldiers, and was willing to trust this matter to them. He gave many reasons for his opposition to the building up of a State Soldiers' Home, for we have Soldiers' Homes in every county, in every hamlet, town mid city, and in every heart.
Mr. THOMPSON would infer from remarks made in this debate, that Indianapolis wanted this Soldiers' Home, and he desired to say, in justice to his constituents, that this was the first time he had heard of it, either here or anywhere else. His city had never dreamed of asking for it. He saw justice in the amendment now under consideration, and insisted that it should be concurred in without hesitation on the part of the Senate.
Mr. HANNA moved to postpone the further consideration of this question until 9 o'clock to-morrow morning, when he would propose a substitute giving to each disabled soldier one hundred dollars. He was willing to vote every dollar in the Treasury for charity, but not one single cent to build up an institution for any pet of any party.
Mr. NILES doubted the wisdom of postponing action on this bill at this late hour in the session. It would be a great misfortune were this bill to fail, and he hoped that the Senate would act upon the amendment at once.
Mr. OYLER also opposed postponement.
The motion to postpone was rejected.
Mr. ALLISON demanded the previous question. The Senate seconded the demand; and the main question was ordered.
The amendment of the House was not concurred in - yeas 20, nays 21 - as follows:
YEAS - Messrs. Allison, Beeson, Brown of Hamilton, Cason, Chlapman, Culver, Davis, Dykes, Hyatt, Milligan, Niles, Oyler, Rieagran, Richmond, Terry, Thompson, Van Buskirk, Ward, Wright and Mr. President - 20.
NAYS - Messrs Barker, Bonham, Bowman, Bradley, Brown of Wells, Carson, Cobb, Corbin, Cullen, Downey, English, Finch, Fuller, Gifford, Hanna, Jinkens, McClurg, Mason, Moore, Newlin and Staggs - 21.
Pending the roll call -
Mr. BONHAM, when his name was called, said: As far as my vote is concerned, I think our County Commissioners have paid in in advance all the mpneys that should be required of them, and with that view I shall be compelled to vote "No."
Mr. BRADLEY, in explanation of his yote, said: Our County Commissioners say they have borrowed a considerable amount of money, and I don't know but to the full amount of the income from the tax levied; and I do not propose to put my county in a position to pay 7 per cent. more than other counties. I therefore vote "No."
Mr. NOYES announced that he had paired off on this question with Mr. Vawter.
The vote was then announced as above.
So the Senate refused to concur in the second amendment of the House of Representatives.
The third amendment adding a section that Commissioners shall not be prevented from making allowances to such soldiers' families as are entitled to the same under the provisions of the act repealed, where the same has not been allowed; was concurred in.
The fourth amendment, providing that no part of the fund shall be applied in payment of bonds or orders issued to procure bounties, etc., being read -
Mr. DOWNEY opposed putting in this prohibition against the application of this money to the payment of these bonds. He was willing to trust this matter to the County Commissioners - they would be more apt to bestow this money properly than the officers of State.
Mr. NILES coincided with the remarks of the Senator from Ohio (Mr. Downey.)
Mr. CASON had two or three reasons why this amendment should be concurred in. If you leave it discretionary with the County Commissioners, they will be pressed to pay all this money out for the liquidation of bonds. He opposed taking money raised for support of soldiers' families, to pay bounties to. men who have only been in the service for a few months. The force of money power is such that the Commissioners will be forced to pay this fund to the bond-holders, and allow the soldiers' families to suffer.
This amendment of the House was rejected by yeas 15, nays 27.
Mr. NILES, from the Judiciary Committee, returned Mr. Bonham's bill, S. No. 140, correcting a mistake in the Blackford county boundary lines; recommending its passage.
Mr. BONHAM explained it's provisions.
Having been read three times heretofore, it was passed the Senate by yeas 42, nays 0.
On motion of Mr. THOMPSON, the bill, H. R. 135, amending section 651 of the general Practice Act, approved June 18, 1852; [concerning mechanics' lien,] - was read the third time.
On motion by Mr. OYLER, and by consent, the publication clause was stricken out.
Mr. ALLISON called attention to the fact that the bill allows sales upon mechanics' liens to be made without valuation or appraisement.
Mr. THOMPSON thought it a good provision, and hoped the bill would pass.
The bill failed to pass, by yeas 23, nays 16.
Mr. REAGAN, from the Committee on Corporations, returned the bill, H. R. 117, amending the act for the incorporation of insurance companies; recommending its passage.
The bill was passed to the third reading.
And then the Senate adjourned.
