IN SENATE.
SATURDAY, March 9, 1867.The Senate met at 9 o'clock, A. M.
Yesterday's journal was not read.
Mr. CASON, from the Committee on Education, returned a Senate resolution in reference to the location of an Agricultural College at Greenfield, Hancock county, (see page 387 of these reports) recommending that it lie on the table, as the subject has been indefinitely postponed and as there is not time now to act upon the matter. The report was concurred in.
Mr. CARSON obtained leave of absence from this evening at 8 o'clock. Mr. Cravens and Mr. Niles were excused on account of illness.
On motion of Mr. CULLEN the Senate proceeded to the consideration of messages from the House requiring action on the part of the Senate.
The request of the House to reconsider the Senate's action on the 4th Circuit bill [H. R. 278] was complied with, by consent.
The House amendments to the bank bill burning resolution [S. 5] were concurred in.
THE MORGAN RAID.
The joint resolution [H. R. 13] memorializing Congressmen concerning damages to Indianians by the Morgan raid being read -
Mr. ENGLISH thought the resolution should embrace the damages done by the Union soldiers.
Mr. CULLEN also thought the resolution should cover all the ground, and moved its reference to a select committee of three with instructions to amend it
Mr. LEE was of the same opinion - he had personal knowledge of losses sustained, by Indianians on account of Lew Wallace's command.
Mr. PARRISH opposed the motion to refer.
Mr. HUFFMAN was satisfied that the General Government had something to do with this matter, and that the propositions made here are not yet broad enough. This resolution ought to include property taken by Government officers, and he desired the passage of the resolution with these amendments. He thought this a matter that ought to be investigated - the right of our citizens demands it; and if properly conducted he was satisfied these damages would be eventually paid.
Mr. HANNA held that the government of Indiana was bound to protect her citizens, but if the friends of this resolution desired to forward it in this shape he would not seriously object. In his opinion the several classes of claims should be separated.
Mr. MASON desired to see justice done, and would support the resolution with that view.
Mr. BELLAMY opposed the reference of this resolution to a committee at this time of the session. He could not see why any one can reasonably oppose it.
page: 430[View Page 430]Mr. TAGGART was willing and thought it right that restoration should be made by the General Government for property destroyed by a foreign enemy, but contended that it is the duty of the State to pay for property destroyed by the home militia.
Mr. CULLEN withdrew his motion, having no desire to endanger its passage.
Mr. JOHNSON did not believe the Government would pay for the damages done by Morgan, but would not object to the passage of the resolution.
Mr. RICHMOND thought the resolution would amount to nothing.
The joint resolution was passed by yeas 33, nays 5.
WABASH AND ERIE CANAL CLAIM.
Mr. STEIN, thinking the justice of the Senate was awakened, deemed it a propitious moment to submit the following, which he read for information, remarking that the amoun named was only for the principal of the sum claimed:
Resolved, That the Chairman of the Committee on Finance be instructed to add to the specific appropriation bill an appropriation of $9,955 46 to Henry Hall, surviving partner in interest of Moorehead, Hall & Co., in full satisfaction of the claim of said firm for money, in pursuance of a joint resolution of the General Assembly approved March 5, 1855, and the report of the Attorney General thereon of January 30,1857.
Objections being made -
Mr. STEIN asked but failed to obtain a suspension of the rules to enable him to offer it for the consideration of the Senate.
The joint resolution [H. R. 20] memorializing Congress for extra pay for soldiers while prisoners of war, was adopted by yeas 34, nays 0.
The bill [H. R. 105] denning the crime of conspiracy was read the first time and passed to the second reading.
Mr. JOHNSON moved ineffectually - yeas 29, nays 5 - to dispense with the constitutional restriction to put the series of bills [H. R. 275, 276 and 243] postponing the time for payment of taxes till the 10th of May on their passage.
On motion by Mr. BENNETT the Senate proceeded to the consideration of bills on the third reading.
Mr. Church's bill [S. 73] regulating the prices for transportation of freight on railroads, was laid on the table as superseded matter.
Mr. Cullen's bill [S. 184] for the relief of Lewis and Eickelberger, et alias, was laid on the table on motion of Mr. OYLER
WHITEWATER VALLEY CANAL.
Mr. Cason's bill [S. 230] to repeal an act authorizing railroad companies to occupy and use the property of canal companies, &c., approved November 16, 1865, being read the third time -
Mr. HANNA thought that if this bill were passed it would prove the ground work for innumerable suits against the State. Now, however, parties injured can bring suits against the railroad company.
Mr. GIFFORD moved that the bill be indefinitely postponed.
Mr. BENNETT said this was a good bill but he feared it would not pass at this late stage of the session, otherwise he would make every effort to that end; for he believed that the act it proposes to repeal is one of the most iniquitous that ever found a place on the statute books.
Mr. CULLEN also spoke in favor of the passage of the bill, referring particularly to the history of the White Water Canal. He opposed the motion to indefinitely postpone - much preferring that the vote should be taken directly on the passage of the bill.
Mr. CUMBACK. I hope the motion of the Senator from Franklin to indefinitely postpone this bill will prevail. I am more than surprised that any Senator, on this, the last day of the session, when no discussion can be had, would, with apparent gravity, urge upon the Senate a matter of so much magnitude as this. This bill is called into existence by the fact that certain claims have been presented against the State by the lessees of the White Water Canal. These claimants will consider this a most singular response to their demand for justice. The Committee do not press their claims, nor do they refuse to allow them. Yet they tacitly admit that there is justice n their claim by proposing this repeal of he law giving the consent of the State that the Canal might be used for a railroad. What good will this do Messrs. Lewis arid Eickelberger, and Dare and Hollowell? Will this restore their water power to them and repay their damages? I say to the friends of this bill, come up like men and say yea or nay to these claimants, for they are honest and good men.
They ask of you a fish, and you respond by the tender of a "serpent." If they do not ask you for bread, they ask for the power to make it, and you tender them a stone.
This bill is objectionable in every possible aspect of the case. It is an attempt to cost the failure of the State for a long series of years to keep up this water power upon this Valley Railroad which has notyet been completed. Why, sir, long before this road was built, this canal was of no practical importance, and had ceased to be any benefit as a means of transportation. The rich and beautiful valley of the Whitewater, ever fruitful and abounding with the best crops, had no outlet for its immense surplus. It was these considerations that induced the page: 431[View Page 431] Legislature to grant the use of this canal bed for a railroad; and while it may be that this road has in some instances interfered with the rights of these claimants, yet I apprehend that a full investigation into the facts would show that most of the claims had an existence before the read was ever dreamed of. And now what do you suppose you will accomplish by the repeal of this law? As I said before this does not pay the claimants, nor does it restore the water-power, nor does it restore the Railroad. Senators charge here very freely that this Railroad has not kept faith with the State in the protection of this water-power. I turn upon them and ask them what sort of faith are you keeping when you at one session grant this right and the Company take possession and spend millions in the construction of their road, and you then make this vain attempt to sweep the right from under them and; make the road worthless and all they have spent a total loss? How much of honesty and fair dealing is there in such a proceeding and how can you justify yourselves in so doing? But I tell Senators that if in the passion of the hour they forget what is right and just, and madly rush through the Senate this bill and it should become a law, do you suppose for a moment that would accomplish the purpose sought to be attained? Do you forget that the rights of this Railroad are already vested and that you cannot take them away?
If you are so excited that you overlook this fact, I tell you the courts of the counties are cool and deliberate, and will see it and will interpose and protect the rights j that you seem so willing and anxious to destroy. This will be the end of this whole scheme. The bill will not benefit the claimants - will not restore the canal and water power - will not destroy the railroad - will not accomplish anything except it be the lasting disgrace of the legislature which enacted it.
Sir, I will resist to the bitter end this hasty disposition of this unjust measure. It is too grave a matter for such haste, and lam confident that on a little cool reflection on the part of Senators they will agree that this measure shall receive no farther consideration this session. I will not detain the Senate further now, but if the motion to postpone does not prevail I will then ask the Senate to be heard when the bill comes up for passage.
Mr. CASON also said it was very apparent that this bill cannot become a law at this session, which he very much regretted; but he desired the Senate to do no act that looks towards the justification of the grand fraud which this bill proposes to repeal. The canal property has been confiscated by the railroad company, and the State cannot be made liable for damages.
Mr. GIFFORD resided in this White Water river valley, and knew all about this railroad and this canal; and he knew that the law has not interrupted the hydraulic power on any portion of the canal. The idea of repealing a law which will lead to a restoration of that old dilapidated canal, is perfectly preposterous.
Mr. OYLER demanded the previous question.
By consent, Mr. GIFFORD withdrew his motion to postpone.
The bill was then laid on the table.
Mr. Taggart's First Judicial Circuit Court bill [S. 240] was read the third time and passed by yeas 41, nays 0.
On motion by Mr. RICHMOND, the House amendment to the title of the military agency joint resolution [H. R. 9] was concurred in.
On motion by Mr. JOHNSON, the bill [H. R. 275,] one of a series for putting off the time for payment of taxes till May 10, was taken from the table.
On motion by Mr. OYLER, the constitutional restriction was dispensed with - yeas 35, nays 0 - the bill read and passed by yeas 39, nays 0.
The bill [H. R. 276,] another of the same series, was read the third time and passed yeas 40, nays 0.
Mr. Wolcott's bill [S. 241,] authorizing the contract of the labor of convicts in the Jeffersonville State prison, coming up -
Mr. RICHMOND insisted that the bill [S. 243,] being the one reported by the majority, should be the one first considered.
Mr. WOLCOTT explained the provisions of his bill, contending for its superiority over the other one.
The PRESIDING OFFICER (Mr. Bennett in the Chair) was informed by the Reporter that neither of the Committee reports have yet been concurred in, and decided that they were on the table, and consequently there was no question before the Senate.
Mr. RICHMOND moved ineffectually to take up the majority report.
THE SPECIFIC APPROPRIATION BILL.
Mr. JAQUESS, from the Committee on Finance, returned the specific appropriation [H. R. 350] with sundry amendments thereto, recommending its passage.
Mr. STEIN moved further to amend by allowing Henry Hall, surviving partner of Morehead, Hall & Co., $9,955 46 for claim for labor on the Wabash & Erie Canal.
Mr. RICE objected to making a distinction in favor of any one of these many claims; disclaiming,however, any intention to do injustice to any body.
Mr. CULLEN favored the amendment because it does not stand on the same foot- page: 432[View Page 432] ing with the other claims embraced in the] bill S. 142; and for other reasons, which he recited.
Mr. PARRISH insisted that the State should pay all the just claims of her citizens.
Mr. SMITH, being a member of the committee which investigated this claim, was willing to vote for only a small part of the amount proposed in the amendment, for reasons which he gave.
Mr. STEIN recited the history of this claim, asserting that the State justly owed these parties the amount set forth in his amendment, and announcing that the claimant was now willing to take the principal of the amount claimed as a settlement in full.
Mr. TERRY moved to lay the amendment on the table.
This motion was agreed to, by yeas 21, nays 18.
Mr. OYLER moved to amend, by allowing $100 each to M. S. Robinson and John Hunt, for expenses in contesting the seat of the Senator from Madison and Grant - which sums have already been paid.
Mr. WOLCOTT moved to amend by adding a section allowing $125 each for indexing the journal, &c.
The amendment was agreed to.
Mr. HANNA moved to strike from the bill the claim of Benjamin Owen for $105 for one week's use of room on the occca sion of the funeral obsequies of the late Abraham Lincoln, as it was rejected by the third Military Auditing Committee.
Mr. THOMPSON insisted that the claim was just.
The motion was agreed to.
Mr. PARRISH moved to amend by adding an allowance of $211 15 to Dr. H. H. Gillen for services as special surgeon to the army by order of Governor Morton. He stated the circumstances: - it is a just claim and ought to be paid.
The amendment was rejected.
Mr RICE moved to amend by allowing John I. Morrison, late State Treasurer, $700 for clerk hire during his term of office. We allow the present Treasurer $1,500 for his clerk hire, and allowed Mr. M. but $800.
The amendment was rejected.
Mr. OYLER moved to amend by appropriating $1,000 for printing documents to encourage immigration.
On motion by Mr. BENNETT it was laid on the table.
Mr. STEIN moved to amend by appropriating $5,000 to John A. Wilstach, in full for salary and expenses as Commissioner to the Universal Exposition. He said Mr. W. would not be deceived if nothing were allowed him, but it is right that the amendment should be passed.
Mr. BENNETT moved to lay the amendment on the table; and demanded the previous question
The demand was seconded by the Senate and under its operations -
The amendment was laid on the table by yeas 27, nays 14.
The amendments to the bill were then adopted as a whole.
Mr. OYLER moved to dispense with the constitutional restriction and put the bill on its passage new.
The constitutional dispensation was had - yeas 35, nays 8 - the bill was read and passed by yeas 34, nays 6.
Mr. HANNA desired to offer an additional amendment to the bill and requested any Senator voting for its passage to move a reconsideration of the vote for that purpose.
Mr. MASON did so.
The motion was rejected.
Mr. CHURCH, from a majority of the Committee on Rights and Privileges, returned the Morgan raid bill [H.. R. 14] recommending its indefinite postponement.
Mr. GIFFORD, from a minority of the Committee, reported favorable to the passage of the bill Signed: Thomas Gifford, Robert Huey and James L. Mason.
Mr. ENGLISH hoped the majority report would not be concurred in; but that the bill would be passed. He moved to lay the reports on the table till after dinner.
Mr. WOLCOTT. from the Committee on Finance, returned the bill [S. 102] with the House amendments thereto, recommending concurrence therein.
The report was concurred in, and the House amendments were agreed to.
Mr HANNA,from the Committee on Corporations, returned the bill [S. 229] in relation to common carriers, recommending its passage with amendments.
On motion by Mr. BENNETT, the report was laid on the table.
The Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. JOHNSON the House was requested to return the bill H. R. 277, with a view of receding from the Senate's amendments thereto.
On motion by Mr. BENNETT the House amendments to the County Bond bill [S. 152], and the fish bill [S. 30] were concurred in.
Mr. WARD, from the Committee on Corporations, returned the bill [H. R. 59] amending the Insurance Companies' Corporation Act, recommending its passage.
Mr. RICE, from the Judiciary Committee, returned the bill [S. 197]title not read - recommending its passage.
Mr. REYNOLDS, from the Committee, on Prisons, reported that said committee had visited the Prison at Michigan City; and in submitting a statement of the condition thereof they recommended a more strict accountability of the officials. They believe it can be made self-supporting under a judicious lease, etc.
Mr. OYLER introduced a joint resolution [S. 11] providing for furnishing the page: 433[View Page 433] library of Congress with the acts, journals, etc., of the General Assembly of Indiana, which was read once and passed the Senate by yeas 38, nays 0.
LEASING OF THE STATE PRISONS.
On motion by Mr. WOLCOTT, his bill [S. 241] authorizing the Directors of the State Prisons to lease the same for ten years, was read the third time.
Mr. RICHMOND was disposed to favor the other bill, but as it does not seem to meet the views of Senators generally so much as this one, he would yield his convictions, being very anxious that some measure of the kind should be passed this session.
The bill was passed by yeas 38, nays 2.
On motion of Mr. CUMBACK, (Mr Oyler in the chair,) the bill [H. R. 211] authorizing hydraulic companies to appropriate and use lands, &c., was read the third time and passed by yeas 31, nays 4.
Mr. CARSON was excused, at his own request, from service on the special committee to investigate the affairs of the Terre Haute and Indianapolis railroad.
TAXATION OF RAILROADS AND BANKS.
Mr. CASON moved to take up the bill [H. R. 349] for the taxation of railroads.
Mr. HANNA moved to take up the bill [H. R. 341] for the taxation of the stock of National banks.
On motion by Mr. WOLCOTT, Mr.Hanna's motion was amended by providing that both bills be taken up.
Mr. HANNA desiring the bill H. R. 341 to be first taken up demanded the yeas and nays on agreeing to the amendments as amended.
It was rejected by yays 13, nays 25.
Mr. Casons' original motion was then agreed to.
The bill [H. R. 349] supplemental to and declaratory of the meaning of the railroad act filed with the Governor December 18, 1865, was then read the first time.
On motion by Mr. CASON, the constitutional restriction being dispensed with - yeas 39, nays 0 - the bill was read and passed by yeas 38, nays 0.
On motion by Mr. HANNA, the bill [H. R. 341] providing for the collection of taxes on stocks and bonds of national banks, was read the first time; the constitutional restriction was dispensed with - yeas 35, nays 4 - and the bill read again and passed by yeas 38, nays 0.
HOUSE AMENDMENTS.
On motion by Mr. NOYES -
The House amendments to the Soldiers Home bill [S. 4], and to the city school building's bill [S. 214] being a substitute therefor; and to the road tax bill [S. 95]; were severally concurred in.
The House amendment to the title of the 4th Judicial Circuit Court bill [H. R. 278] was concurred in by yeas 35, nays 1.
TIME FOR PAYMENT OF TAXES.
On motion of Mr. JOHNSON, the Senate receded from its amendment to the bill [H. R. 277] changing the time from the 3d Monday in April to the second Monday in May, for the payment of taxes, and the bill was again passed by yeas 34, nays 0.
On motion by Mr. JAQUESS the bill [H. R. 343] belonging to the same series, was taken up.
Mr. OYLER moved to dispense with the Constitutional restriction that the bill may be put on its passage now.
The motion was agreed to by yeas 34, nays 0, and the bill was read again and passed by yeas 26, nays 9.
THE REGISTRY LAW.
Mr. BENNETT, from the Committee of Free Conference on the registry bill [S. 2] reported inability to agree, and asked to be discharged. He said the Senate Committee adhered to the bill S. 2, and the House Committee stuck to the bill H. R. 25 - so the Joint Committee broke up in a rumpus.
Mr. OYLER very much deplored the failure of this General Assembly to pass a registry law.
Mr. BENNETT said the Senate passed this bill on the 15th of February, and the House not returning it till the last days of the session, of course the Senate is not to blame for its failure.
[On motion by Mr. RICE, the Senate substitute for the bill [H. R. 91] vacating portions of highways, was read and passed by yeas 32, nays 2 ]
On motion by Mr. OYLER the Registry bill [S. 2] was taken up.
Mr. JOHNSON moved to concur in the House amendments.
Mr. STEIN moved to reconsider the vote by which the Senate disagreed to the House amendments.
Mr. BENNETT did not like the idea of taking a bill we don't like just for fear we may not do any better. The House bill has nothing in it worth any thing, and he hoped the vote by which the Senate disagreed to the House amendments would not be reconsidered.
Mr. STEIN understood the Senator to stand alone in his judgment. He warned Senators of the fact that we will be held to a strict accountability if we adjourn without passing a Registry law, and as the voice of all Indiana is calling for such a law he sincerely desired to save this bill from impending peril.
Mr. OYLER concurred in these remarks, and called upon the Republican Senators not to let this law fall between the two page: 434[View Page 434] Houses. He did not like the House bill half as well as he did the Senate bill, but it was better than no law at all. He sincerely hoped that the vote will be reconsidered.
Mr. BENNETT wanted a registry law passed, but preferred none to the one passed by the House. The Committee on free conference found a great many imperfections in it that the author of the bill was not aware of.
Mr. CULLEN regretted exceedingly that it becomes necessary at this time to pass upon such an important measure as this. It frequently happens that bills passed in this way are so imperfect that it requires subsequent legislation to correct them - and he was unwilling to force upon the people a law of the character now before us - the House substitute for the Senate bill. It is fraught with more expense than any other law that could be framed upon this subject; and while the people are asking guards for the purity of the ballot-box, they are not asking for such a law as this. The law sought to be forced on us will not cost less than $100,000 to carry it out. He hoped this body would stand firm and adhere to its action. The Senate of Indiana stands blameless upon this question, for we have passed a good bill, and one that he was willing to go before the people on.
Mr. BENNETT claimed to be one of the original Senators who favored the passage of a registry law; he had voted for it and talked for it, but he thought a bad law was worse than none at all. Every Senator in the committee of conference was opposed to the House measure, and one member of the House committee was also opposed to it
Mr. NILES said it is idle to talk about a subject of which we know nothing, and the only means to get a registry law this session will be to appoint a new committee of conference, which he suggested; averring at the same time that his health was too poor to allow him to act on it.
Mr. STEIN withdrew his motion to allow this course to be pursued.
Mr. OYLER had a resolution prepared to that effect, which, he offered, with the consent of Mr. N.
It being read by the Secretary -
The resolution was adopted, and the PRESIDENT appointed Messrs. Oyler, Stein and Newlin the conference committee on the part of the Senate.
HOUSE BILLS PASSED.
The bill [H. R. 4] regulating the fees of coroners was read the third time and failed to pass for want of a constitutional majority - yeas 21, nays 19.
The bill [H. R. 17] in relation to conveyances of land by persons of unsound mind was read the third time and passed by yeas 34, nays 6.
The bill [H. R. 18] amending section 15 and repealing sections 29 and 30 of the general election law of June 7, 1852; being read the third time -
Mr. BENNETT said the provisions of this bill were before the Committee on Conference and it was favored there. The provision was that the Board of Election should have no recess till the votes were counted out and the result made public.
The bill passed by yeas 42, nays 0.
Mr. BENNETT introduced a bill [S. 247] for an act declaring what persons shall be deemed to have acquired a residence in any city, township or ward so as to entitle them to a vote therein(being the first section of the Senate bill on the registry law, making twenty days a legal residence.)
On motion of Mr. BENNETT. the constitutional restriction was dispensed with - yeas 37, nays 3the bill was read but once again and passed by yeas 39, nays 1.
RECLAIMING LOW AND WET LANDS.
The PRESIDING OFFICER (Mr. Richmond in the Chair) said the Secretary requests leave to read only the amendment proposed to sections of the statutes - not reading the sections proposed to be amended. If there is no objection that will be done.
No objection being heard, the Secretary omitted the reading of the sections amended.
The bill [H. R. 23] enabling owners of wet lands to drain and reclaim them, &c., being read the third time -
Mr. NILES thought this proposed enactment unnecessary and unwise; as well as he could judge from hearing the reading of so long a bill.
Mr. NOYES sail some such bill was very much need in his section of the State; and he hoped this measure would pass.
Mr. CASON knew that the author of this bill has had a great deal of experience in draining and ditching swamp lands, and believed that this bill but simplifies the present law on the subject.
Mr. PARRISH thought there was too much machinery in the present law, and that this bill would suit the people interested; therefore, he hoped it would pass.
Mr. CARSON would also prefer this bill to the present law.
Mr. ARMSTRONG felt a great interest in this bill, and sincerely desired to see it pass.
The bill was passed by yeas 37, nays 2.
The bill [H. R. 39] declaring valid proceedings before the Clinton Common Pleas Court, in October and November, 1865, was read the third time and passed by yeas 38, nays 0.
page: 435[View Page 435]On motion by Mr. PARRISH, the Kosciusko Circuit Court bill [H. R. 337] was read (with the amendment in reference to DeKalb county) and passed by yeas 41, nays 0.
The wife-witness bill [H. R. 40] being read the third time -
Mr. NILES said the Judiciary Committee unanimously considered this an important bill.
It was passed by yeas 37, nays 1.
THE REGISTRY LAW.
Mr. OYLER, from the committee of free conference on the Registry bill, [S. 2] reported unanimous agreement, on their part, that the House should recede from its amendment, and request that the Senate return the bill to the House for that purpose. [Applause.]
Mr. BENNETT would take pleasure in voting for this bill, but he pointed out several amendments that should be made to it. The same registry list should not be used by every voting precinct in the township as the bill provides, and there should be an amendment extending its provisions to Presidential elections.
Mr. OYLER said this conference committee happened to be friendly to a registry law, and they thought the only chance was to pass the Senate bill without any amendment.
The report of the committee was concurred in.
HOUSE BILLS PASSED.
The bill [H. R. 63] punishing the sale of unwholesome for wholesome provisions was read the third time and passed by yeas 36, nays 3.
The bill [H. R. 72] attaching Marion county to the Northern Prison district was read the third time and passed by yeas 31, nays 10.
The bill [H. R. 81] regulating the hours of labor of children under 16 years of age in the cotton and woolen factories of this State was read and passed by yeas 36, nays 4.
The bill [H. R. 83] for the protection of wild game was passed (without amendment) by yeas 31, nays 6.
A message from the House announcing the concurrence of that body in the report of the committee of free conference on the registry bill [S. 2] was received with demonstrations of applause.
Mr. BELLAMY offered a resolution, which was adopted, for a night session at 7 o'clock.
The bill [H. R. 73] forbidding the locking of railroad cars in certain cases, was read the third time and passed by yeas 29, nays 7.
The bill [H. R. 101] amending the turn pike road act of February 28, 1853, in relation to bridge tolls, being read -
Mr. CASON explained that where an old bridge has been repaired to the amount of $1,000 a two mile toll for crossing it may be charged by this bill, and where $500 repairs are made, a one mile toll may be taken.
The bill was passed by yeas 27, nays 7.
The fornication bill [H.R 107 - see p. 77] was read the third time and passed by yeas 31, nays 5.
The bill [H. R. 130] to prevent the defrauding of insurers, was read the third time and passed by yeas 38, nays 0.
Mr. HOUGHTON offered a resolution allowing the three wood sawyers and the four furnace men employed by the Librarian five dollars per day during the session.
On motion of Mr. BENNETT, it was laid on the table.
The Senate then took a recess till 7 o'clock.
NIGHT SESSION.
The bill [H. R. 144] to prevent the spread of disease among sheep, was read the third time and passed - yeas 34, nays 1.
THE MORGAN AND OTHER RAIDS.
On motion by Mr. ENGLISH, the Morgan raid bill [H. R. 14] with the majority and minority committee reports thereon, was taken up - the majority recommending its indefinite postponement.
On motion by Mr. ENGLISH, it was read the second time.
Mr. TERRY moved to concur in the majority report.
Mr. GIFFORD moved to amend by substituting the minority for the majority report.
Mr. ENGLISH knew it to be impossible to get a claim for a small amount noticed at Washington, and now all we ask is for a court here that will adjudicate upon these claims. He knew of instances where the soldiers' families were stripped of the last animal - the soldier himself having been killed in the service; and if Senators possessed the knowledge he had of the many losses sustained by the families of poor soldiers, they would not hesitate to vote for this bill. He denied the charge that money had been brought to this city to advance these claims; and he also denied the report that himself and son had bought up large quantities of them; neither of them have ever held, nor hold they now, any of these claims, except for property taken directly from himself by the forces at the time of the raid.
Mr. CHURCH feared that this Comission, if authorized would cost the State $50,000 the first year; and gave other reasons which satisfied his mind that this bill should not be passed.
Mr. BELLAMY replied to objections against this proposition. He thought we page: 436[View Page 436] could occupy this valuable time in the close of the session to no better purpose than in considering and passing this bill.
Mr. PARRISH expressed extreme reluctance in feeling compelled to oppose this measure. It goes too far. The acknowledged theory is: that the Government pays for nothing except what is pressed in the service. It would take billions of money to act on a contrary principle. The bill is not well digested, if he understood its provisions.
Mr. HUFFMAN considered this a very important matter, and it is one in which his constituents are deeply interested, The question here turns on this point: shall the citizens of Indiana be protected in their rights of property? He have an account of the several raids referred to in the bill, showing that the money for which numbers of horses belonging to citizens of southern Indiana had been sold, went into the national treasury; and why should not those damaged in this way look to the general government for re-imbursement? If the Senate should decide that citizens shall not be protected, as propsed by this bill, he wanted to know it now.
Mr. CULLEN referred to the fact that yesterday we memorialized Congress on this subject, and to-day we are called upon to vote for a bill which will enable claim ants to prosecute them in a proper way - to follow up the memorial with facts and figures that will enable Congress to understand this matter. This is as little as the Senate can possibly do under the circumstances. These southern Indianians have stood as a wall of fire between men from the northern part of the State and their armed enemies. Simply because it would cost the State a few dollars to get up this commission, he will not be deaf to the entreaties of these people.
Mr. BENNETT, were he to consult his personal feelings, might vote for this bill, but representing a people who are opposed to these claims, he will have to vote against it. We can't pay the debts of this war, and we need not undertake it. It is too big a job either for the State or the General Government to undertake. He would not vote for a bill that puts the claim of a disloyal man on the same footing with that of a loyal man or a soldier; and expressed his belief that this bill never would have been introduced if the poor soldiers were the only ones affected by it. If this measure is passed now, at the next session there will be additional appropriations asked for to pay the expenses of this commission, and the better way is not to take this initiatory step.
Mr. CUMBACK (Mr. Ward in the Chair) thought this Commission could do its work in 100 days, and it would in that event cost not more than $5,000 at most. This is a small thing that the brave people of Southern Indiana are asking for, and it will be a smaller thing if this Senate refuses so grant it. While standing with as much vigilance at the door of the treasury as any Senator, did not think every man that comes here with a claim desires to rob the State. In this case these people simply ask for a Commission to ascertain what these claims are; they do not now ask for the payment of them out of the State treasury.
Mr. OYLER noticed that the meeting of this Commission was to be at a town in one of his counties, but if any of his constituents had a claim coming under this bill he knew it not. He should vote for this bill, however, no the principle of justice and right, and not because his people were particularly interested. It is the duty of this great State to do what is right whether it takes money out of or puts it in the Treasury.
Mr. RICHMOND said we have now but three and a half hours of legislative time; and therefore he moved to lay on the table the motion to substitute the minority for the majority report.
The motion was rejected - yeas 13, nays 26.
Pending the roll-call
Mr. STEIN said he had been clamoring for justice to a claim which has been here since 1852, and the Christianity taught him by the Senate in this case he felt bound to follow by voting "aye" on this bill.
Mr. THOMPSON did not want to vote $50,000 or $100,000 without knowing where it was going to, or what advantage would accrue therefrom.
The vote was then announced as above.
The motion to substitute the minority for the majority report was agreed to by yeas 25, nays 15.
The substitute was concurred in without a division.
THE SPECIFIC APPROPRIATION BILL.
On motion by Mr. BENNETT the House amendments to the specific appropriation bill [H. R. 350] were read, to wit:
Striking out from section 45 these words: "at the same price paid per page for the last several volumes" and inserting in lieu "at not exceeding two-thirds of a cent per page;" and adding to the same these words: "Provided, That no official sanction is hereby given for accuracy or fulness." Also adding an additional section appropriating $220 for 100 copies of Wilson's Digest.
Mr. HANNA moved to concur with an amendment, adding an additional section allowing Grafton P. Cookerly $2,500 for damages sustained in the destruction ofhis printing office by a mob of soldiers at Terre Haute, in 1861.
page: 437[View Page 437]Mr. H. caused a letter from Hon. R. W. Thompson to be read, asking for the support of this measure the influence of a member of the House of Representatives. Mr. H desired this thing to be put on higher grounds than that of party; and held that it is a just debt against the State. He was present at the time of this misfortune, and declared there never was a cause for it. What course has Mr. C. to recover this property, which was his all at the time? He can not sue the city and he can not sue the State. Mr. H. cited the case of Reverdy Johnson, where Maryland indemnified that gentleman for loss incurred; and insisted that the State of Indiana was bound to protect this claimant as well. The adoption of this amendment would be but the expresson of a great, ever-living principle that every Senator must respect He spoke in favor of his amendment, till arrested by the Chair under the five minutes rule.
Mr. OYLER. The man that in time of war acts with the enemies of his country in a day of trial and tribulation, does not come within the principle laid down by the Senator from Vigo. Mr. O. read resolutions adopted at some Democratic meeting, in which it was declared that not a soldier nor a dollar ought to be furnished to aid in this war for negro emancipation. Following that, he read that G. P. Cookerly was called for and made a speech to the meeting; and Mr. O. expressed the belief that Mr. Cookerly brought this loss upon himself by traitorous utterances.
Mr. HANNA (interrupting) asked if the Indianapolis Journal, the Senator's organ, did not say in the beginning of this war that the Southern States might go out of this Union?
Mr. OYLER. When the Indianapolis Journal said that it said a foolish thing.
Mr. SHERROD (interrupting) asked the Senator whether the New York Tribune and other leading organs of his party all over the country did not say the same thing ?
Mr. OYLER. Not one of them said "not another dollar or another soldier for this war." But when we were in the front and looking back to the North for succor to enable us to crush this foul and wicked rebellion, which was maintained in part by the sympathy of Northern Butternuts, at this very meeting this man Cookerly threatened Union men with the halter, boasting that the Butternuts were ready for the issue; and now he comes in and asks Union men to vote him -
Mr. HANNA (interrupting.) What is the Senator reading from?
Mr. OYLER. No matter what I am reading from.
Mr. HANNA. I pronounce your record a lie, sir; a lie, sir.
The PRESIDENT enforced the rule, and -
The amendment was rejected by yeas 12, nays 28.
Mr. JOHNSON, in explanation of his vote, said a similar circumstance occurred in his county, but they remedied the evil by electing Democratic Commissioners who taxed the people to pay the damages, and he advised the Terre Haute people to get rid of this thing in the same way.
The vote was then announced as above.
On motion by Mr. CULLEN the House amendments to the specific appropriation bill were concurreed in.
Mr. NILES offered a resolution allowing pay for a doorkeeper of the Judiciary Committee room, which was adopted.
LEASING OF THE STATE PRISONS.
Mr. CULLEN offered a joint resolution [S. 12] authorizing the State officers to hire out the prison labor of the State prisons was read once and passed by yeas 39, nays 1.
THE MORGAN AND OTHER RAIDS BILL.
Mr. HUFFMAN moved ineffectually yeas 23, nays 14 - to dispense with the constitutional restriction in order to put the Morgan raid bill [H. R. 14] on its passage now.
HOUSE BILLS PASSED.
The bill [H. R. 158] in relation to the compounding and cancelling of crimes being read the third time -
Mr. NILES said this bill was intended to remedy a very radical defect in our laws.
The bill passed by yeas 26, nays 11.
The bill [H. R. 159] to amend sections 649 and 650 of the general practice act, was read the third time and passed by yeas 28, nays 7.
The bill [H. R. 189] requiring additions to town plots to be recorded, &c., was read the third time and passed by yeas 28, nays 6.
The bill [H. R. 240] to provide for the inspection of coal and petroleum oils, being read the third time -
Mr. CULLEN regarded this as one of the most important measures of the session. Accidents were constantly occurring in this State because of the low quality of oils sold for illuminating purposes. He hoped the bill would pass, for it would surely remedy this great and growing evil.
It was passed by yeas 36, nays 0.
The bill [H. R. 48] in relation to the change of public highways, was read the third time and passed by yeas 36, nays 0.
The bill [H. R. 89] providing for the construction of sewers in towns, was read the third time and passed by yeas 34, nays 1.
page: 438[View Page 438]Mr. NILES, from the Judiciary Committee, returned the bill [H R. 259] to amend the 27th section of the Felony act; and the bill [H. R. 290] amending the 29th section of the Misdemeanor act, recommending their passage.
He also laid two other bills on the table of which neither titles nor numbers were given.
The bill [H. R. 145] to amend the 7th clause of section 22 of the Town Incorporation act, was read the third time and passed by yeas 26, nays 9.
The bill [H. R. 179] authorizing race ways through lands belonging to other per sons, was read the third time and passed by yeas 89, nays 0.
The bill [H. R. 191] making mechanics liens attach from the time the work is done, and increasing the Recorder's fees from 25 to 50 cents being read the third time -
Mr. STEIN bore bis testimony against the bill We proposed a ridiculous idea it was interfering with the purchase of property.
Mr. NILES said it was certainly not a wise bill.
Mr. RICE contended that the bill proposed a matter of right to the mechanic; and it ought to pass.
The bill was rejected - yeas 15, nays 21.
The bill [H. R. 193] concerning the law of marriage, was read the third time, and failed to pass for want of a constitutional majority - yeas 20, nays 17.
The bill [H. R. 207] spending sections 405 and 406 of the practice act, was red the third time and passed, by yeas 33, nays 1.
The bill [H. R. 219] for the index of certain books in the county clerk's office being read the third time -
On motion by Mr. CULLEN, the Senate , reconsidered its amendment to the bill.
The bill then failed to pass for want of a constitutional majority - yeas 22, nays 15.
The bill [H. R. 223] regulating charges for the transportation of freights by railroads being read the third time -
Mr. CHURCH explained. The bill provides that after railroad companies receive freight, they shall not advance the charge thereon.
Mr. NILES objected to the word "tender ed" where it occurs in the bill.
Mr. WOLCOTT also spoke against the ' bill.
Mr. PARRISH said the ttme was when we thought corporations were made to serve the Dublic, but in these latter days that principle is reversed.
The bill was passed by yeas 27, nays 11.
Mr. HANNA, from the Special Committee thereon, recommended the passage of a resolution allowing S3 worth of postage stamps and $4 worth of stationery to employes of the Senate. It was laid on the table.
The bill [H. R. 225] amending the landlord and tenant act, being read the third time -
Mr. NILES said this was a bill similar to one that passed the Senate last session.
It was passed by yeas 26, nays 9.
The bill [H. R. 300] amending section 1 of the general Court act, was read the third time and passed by yeas 37, nays 0.
The bill [H. R. 334] to legalize the action of the State Board of Equalization-session of 1864 - was read the third time and passed by yeas 34, nays 0.
Mr. GIFFORD, from the Committee on Rights and Privileges, offered a resolution which was adopted, allowing each member S3 for every 25 miles traveled in visiting the soldiers' home.
HOUSE AMENDMENTS AGREED TO.
The House amendments to the bill S. 213, and the House amendments to the bill S. 41, and the House amendments to the bill S. 29being a substitute therefor, and the House amendments to the bill [S. 125] declaring abandoned certain railroads, and the House amendments to the bill [S. 206] creating the 22d Common Pleas District, and the House amendments to the bill [S. 89] providing for the incorporation of steam packet companies, and the House amendments to the bill [S. 79] for the incorporation of electric telegraph companies, and the House amendments to the bill S. 244, and the House amendments to the bill [H. R. 215] to prevent the diseases called hog cholera and Spanish fever, were severally concurred in.
The joint resolution [H. R. 2] memorializing Congress to have the interest bearing debt of the Government paid first, being read -
Mr. HANNA moved ineffectually - yeas 5, nays 33 - to indefinitely postpone it; it interferes with the Department at Washington City.
The joint resolution was then passed by yeas 30, nays 4.
The joint resolution [H. R. 11] memorialing Congress to place soldiers of the war of 1812 on the pension roils, was read by title only and passed by yeas 37, nays 0.
RAILROAD TRANSPORTATION.
The bill [H. R. 19] to make uniform the price charged by railroads for freight transportation, being read the third time -
Mr. BENNETT said it was a long bill, and one we should not pass without more consideration, and therefore he moved to lay it on the table.
The motion was rejected - affirmative 13, negative not reported.
Mr. HANNA understood this bill to be in direct violation of railroad charters.
Mr. CHURCH said there was nothing in it but this: no railroad shall charge more page: 439[View Page 439] than 25 cents advance on way freight from their through freight rates.
Mr. LEE said this bill proposes the only legislation his people have petitioned for this session, and he would be pleased to see it passed.
Mr. HANNA thought this question was well settled in this assembly, and he wanted to hear some reasons therefor before passinging such a bill. If we clog this great rail road interest by such measures as this, how are they to be kept up? There are not more than two railroads in the State that can keep up their organization if they are to meet such clogs as this.
Mr. RICE understood that this House bill has been amended by the Senate, and as it is a bill demanded by the people along the railroad line, he moved to reconsider the vote adopting the amendment.
The motion was agreed to.
On motion by Mr. CULLEN, the amendment was laid on the table.
Mr BENNETT raised the point of order that the vote on the amendment can not be reconsidered without reconsidering the vote ordering the bill engrossed.
On motion by Mr. NOYES, the vote 0rdering the bill engrossed, and passing it to the third reading was reconsidered.
On his further motion, the vote adopting the amendment was reconsidered, and the amendment was laid on the table.
Mr TURNER said it seemed to be a question here as to whether corporations shall override the Senate or not. Other legislation is before us far more important to the people than this. There is a county in this State which is now without a Court, and we should drop this railroad bill and pass upor that one without delay.
Mr. CULLEN moved that the bill be read the third time and put upon its passage, and upon that he demanded the previous question.
The demand was seconded, and under its operation the bill was read the third time and passed by yeas 27, nays 9.
The House amendments to the bill S. 246 were concurred in.
TERRE HAUTE AND RICHMOND RAILROAD.
Mr. BENNETT. I have a resolution which I desire to offer, but before I introduce it I want to explain what it is. A few weeks ago the Senate by resolution appointed a special committee to investigate the affairs of the Terre Haute and Richmond Railroad, as it was charged that there is a certain amount of money due the school fund from that road under the provisions of its charter. The committee was appointed, and we went to Terre Haute and proposed to the officers of the company certain questions, but they could not answer them in one day, and so we came back. They have been two weeks preparing their answers, and they are brought in to the committee to-day - a bunch of papers some five inches thick. Now we can not examine them - that is impossible - and my resolution is to allow the committee to examine that testimony after the session adjourns, and make their report to the next General Assembly.
The resolution being read -
Mr. TERRY. I move tc amend by providing that they do it at their own expense.
Mr. CHURCH. I move to amend by referring the papers to the Attorney General, with instructions to examine them, and report the result to the Governor.
The PRESIDENT. The amendment is not germane.
Mr. RICHMOND. The committee are satisfied that this railroad has carried the troops of the State over their road arid charged for it, which by their charter they can not do. If the Senate wants the work lost that has been done, I am willing.
Mr. CULLEN. I move to amend the resolution so that this committee shall make their report and not charge the State for more than five days' time.
The amendment was agreed to.
The resolution, as amended, was adopted.
The PRESIDENT. The Senator from Allen [Mr. Carson] having been excused from service on this committee, the Chair will appoint the Senator from Vigo [Mr. Hanna] in his stead.
THE GOOD TEMPLARS' BILL.
Mr. LEWIS. I would ask that the House bill No. 340 [to prohibit the sale of intoxicating liquors as a beverage, &c.,] be taken up and read the third time.
The PRESIDENT. It is too late in the day for the passage of a bill.
Mr. MILLIGAN. I move that the Senate adjourn - it being after 12 o'clock.
Mr. SHERROD. I ask unanimous consent to introduce a resolution.
The Secretary read:WHEREAS. At the beginning of the late civil war it was averred that the war should not be permitted for the special conquest or subjugation, nor for the purpose of overthrowing -
Mr. OYLER, (interposing.) I do not want to be invidious; I don't know what is in that resolution and I don't care, but if it is too late to pass the bill suggested by the Senator from Lagrange [Mr. Lewis] it is too late to do any other business.
Mr. SHERROD. I hope the Senator will treat this resolution with some respect. I have not intruded upon the time of the Senate this session - I have been very modest - and I will say that if gentlemen don't like the resolution I hope they will have the manliness to vote against it.
Mr. BENNETT. We can pass resolu- page: 440[View Page 440] tions on Monday - they do not have to be sent to the Governor.
Mr. CHURCH. It is now Sunday, and we are not allowed to do business.
Mr. SHERROD. I do not propose to intrude upon Senators' sensibilities relative to their religious notions, and if it be in or der to consider that resolution on Monday I have no objections.
The PRESIDENT. It will be.
Mr. OYLER. I move that the Senate adjourn.
The motion was agreed to.
So - at 12:3 midnight - the Senate adjourned.
