IN SENATE.
WEDNESDAY, January 24, 1867.The Senate met at 2 o'clock P. M.
Mr. OYLER. As we have a special order for this hour (the Madison and Grant contested election case), I move to dispense with the reading of the journal.
The motion was agreed to.
Mr. MASON suggested that the special order should be postponed, because the sitting member had been excused until Monday.
Mr. OYLER offered a resolution, which was adopted, granting Mr. Robinson (contesting the place of the Senator from Madison and Grant), the privilege of addressing the Senate upon his right to the seat.
On motion by Mr. CULLEN, a call of the Senate discovered but thirty-seven Senators present.
SESSION HOURS.
By unanimous consent, Mr. CULLEN called up his motion (of which he gave notice yesterday) changing the rules so that the daily sessions of the Senate shall commence at 2 o'clock P. M., for the first thirty days of the session.
On motion by Mr. BELLAMY, his married woman's conveyance bill [S. 12] reported by the Judiciary Committee yesterday, was recommitted.
Mr. STEIN asked and obtained leave of absence for Mr. Mulligan called home by a dispatch that his sister was at the point of death.
Mr. CUMBACK presented a petition from members of the State Board of Agriculture praying tor a law authorizing the publication of the proceedings of the Indiana Horticultural Society. It was referred to the Committee on Agriculture.
LEGISLATIVE EXPENSES.
On motion by Mr. BENNETT, the Senate proceeded to the consideration of the House amendments to the legislative appropriation bill [S. 26.]
The House amendments having been read -
Mr. BENNETT moved to concur with an amendment making the per diem of the pages $3 and all other employees $5. He could see no propriety in making distrinc- page: 91[View Page 91] tions between the pay of clerks and door-keepers.
Mr. CULLEN also spoke against the inequality of the House amendment in this particular.
Mr. HANNA concurred in what was said with regard to the employees, for he could not see any justice in making the distinction; and he was opposed to the amendment making an appropriation for benevolent institutions. When the sum needed is ascertained in the regular way he should vote to give the fullest amount.
Mr. STEIN remarked that the appropriation for the support of these institutions had been exhausted some weeks since.
Mr. HANNA. The declaration of the Senator [Mr. Stein] is entitled to credit everywhere, but the fact had not been brought before the Senate in the proper way. These institutions can get all the credit they need till the proper appropriations are made. He moved to strike out that amendment of the House.
Mr. OYLER favored the motion to raise the per diem of employees. The distinction I attempted to be made was not right. For the reasons stated by the Senator from Vigo [Mr. Hanna], and for other reasons, he opposed the tacking on this bill of an appropriation for the benevolent institutions.
On motion by Mr. OYLER, further proceedings under the call of the Senate were dispensed with.
THE CONTESTED ELECTION CASE.
The Secretary then read the report of the majority of the Committee on Elections, (submitted yesterday) in the contested election case of Robinson vs. Hunt.
Mr. GIFFORD, in behalf of the minority of the Committee, made a voluminous report, setting forth that not a single poll book was put in evidence in behalf of the contestant; that there was a looseness about the testimony; that all rules of evidence were broken down; that not a particle of record evidence was before the Committee; that it is almost incredible gentlemen acting under the solemnity of an oath, should give credence to such testimony, &c. The report recites lengthy extracts from the testimony of witnesses; denies that even one illegal vote was cast against Milton S. Robinson, and concludes by recommending the adoption of a resolution declaring that he is not entitled to a seat as Senator, and his contest is therefore dismissed.
The LIEUTENANT GOVERNOR suggested that the House amendments be considered seratim.
It was so ordered by the Senate.
Mr. NILES favored the motion of the Senator from Vigo [Mr. Hanna]. The practice of getting up omnibus bills is a bad one. And as to the discriminations made between the clerks, there was no propriety in that.
The first House amendment being read -
Mr. Bennett's motion was agreed to.
The second House amendment being read -
Mr. Hanna's motion was agreed to: and so the Senate refused to concur.
The Senate also refused to concur in the House amendment to the title of the bill.
[Pending the reading of this report Colonel W. R. Holloway, Private Secretary, communicated a message from Hon. O. P. Morton, resigning his Gubernatorial office.]
Mr. RICHMOND regarded the report as an implication against the character and standing of a majority of the Committee on Elections, of which he was Chairman, They have endeavored to examine this case fairly, squarely, candidly and honestly. They permitted every iota of testimony that was taken in a proper manner and time, to be presented, and they weighed it fairly and squarely. Looking upon the report as insulting in its language, he moved to reject it.
Mr. OYLER heartily concurred in the remarks made regarding the character of this report by the honorable chairman of the Committee on Elections: but from personal knowledge of the Senators who signed its was convinced they had no intention of intention to insult the majority of the Committee.
Mr. HANNA would not be willing to go I upon the record as censuring any Senator, for he regarded them all as his peers and friends. He regretted the excitement which the reading of the report had caused. He was inclined to think that if the report was understood it did not entertain the offensive matter apprehended. The minority here were unwilling to place upon the record anything like calumny against any Senator on this floor. As the sitting member was excused from attendance for the remainder of the week on account of domestic affliction, and as there is no need of hasty action - the Republican cause can not suffer by delay - he moved to postpone the further consideration of this question until Monday, two o'clock, P. M.
Mr. BENNETT. Did not Dr. Hunt apply and obtain leave of absence after the special order was set for to-day?
Mr. HANNA. Still that would not be a good point if it is true his family are afflicted.
Mr. BENNETT. This subject was fixed for this hour at the suggestion of his attorney.
Mr. HANNA. There is no record of the Senate that Dr. Hunt is here by attorney, and therefore he can not be held responsible page: 92[View Page 92] for the conduct of his attorney. He is the Senator whose place is contested and it is a question of courtesy and a question of right to him that he should have a hearing on this floor.
Mr. LEE. As one of those who signed this minority report, I want to say now to this Senate that in signing it, I did not purpose to cast any reflection on any gentleman belonging to that committee. If there is language in that report to that effect, I do not understand it so.
Mr. VAWTER. I undertake to say that the person who drew that report, intended at the time the report was drawn to cast no reflections directly, or indirectly, remotely or not against the integrity of any Senator. It was submitted to at least five Senators upon this floor with a request if there was any thing in it that could be construed as reflecting upon the majority of the committee it should be pointed out. And now if any gentleman will point out language in that report which they say reflects upon them, and it bears that kind of construction, I am willing they should be stricken out, modified or withdrawn.
The PRESIDING OFFICER. (Mr. Cravens in the Chair.) It is out of order to discuss the merits of the subject on this motion. The question is upon postponement until Monday at 2 o'clock.
Mr. CULLEN was sorry any skirmishing of this character should be had prior to entering upon the battle. He opposed any further delay, because the time asked for now is too long, and it would be entrenching upon the rights of the man who the majority say has a right to a seat on this floor.
Mr. VAWTER asked and obtained leave to withdraw the minority report for the purpose of striking out matter regarded as personally offensive to any member of the committee.
Mr. RICHMOND withdrew his motion to reject the report.
The PRESIDING OFFICER. The question now recurs upon the motion to postpone until Monday at two o'clock.
On motion of Mr. RICHMOND, the motion to postpone was laid upon the table by yeas 21, nays 17.
Mr. HANNA, thinking we ought to dispose of this question rather more deliberately, moved to refer the bill to the Committee on Phraseology.
On motion of Mr. CULLEN, this motion to refer was laid on the table, by yeas 27, nays 17.
Mr. GIFFORD. I wish to say as a member of the Committee on Elections, that in signing the minority report, I meant to sign nothing that would be offensive to a majority of the committee, although I thought the committee was hasty in the investigation of this matter. I thought also that the report used language that might be satisfactory to attorneys, though pretty strong for common men. I am fully satisfied from an investigation of this matter, that there is no evidence to sustain the majority of this committee. The argument used is based simply upon hearsay testimony. If you can oust a man by such guesswork there is hardly a member of the Senate who has any certainty of a seat here if the majority choose to oust him.
RESIGNATION OF GOVERNOR MORTON.
Mr. CULLEN. I ask the indulgence of the Senate to pass over this matter for a moment, and take up the Governor's message.
It was so ordered.
The resignation of Governor Morton was then read by the Secretary:
To the General Assembly of Indiana:
"Having been elected to the office of United States Senator, I desire to express my deep sense of obligation for this high mark of your confidence and esteem. This election is more precious to me as an endorsement of my administration, extending through nearly six years, than for the intrinsic value of the office it confers.
"To that large body of friends who nobly sustained me through the difficulties by which I was surrounded during the dark and perilous hours of the rebellion, I am bound by sentiments of affection and gratitude which will end only with my life. To the officers and soldiers of Indiana, whose devoted patriotism and heroic valor have shod so much luster upon the State and nation, I return my heartfelt thanks for their many manifestations of confidence and regard. My connection with them in the organization and support of the army will ever be the proudest period of my life. May the people hold them in grateful and affectionate remembrance.
"Our beloved State has entered upon a new career of growth, prosperity and honor. To your charge her interests are committed, and you will see to it, I am confident, that they are carefully and wisely fostered, a that no reproach shall be brought upon her high character.
"Governor BAKER is able, patriotic, and faithful, and now, with a consciousness of having tried to do my duty, and with earnest prayers for the prosperity and happiness of the people of Indiana, I hereby resign into his hands, under the Constitution, the office of Governor.
"O. P. MORTON."
VALEDICTORY OF LIEUTENANT GOVERNOR BAKER.
The LIEUTENANT GOVERNOR. (Mr. Cravens in the chair.) With the indulgence page: 93[View Page 93] BREVIER LEGISLATIVE REPORTS.93of the Senate, I will say this communication admonishes me that the intimate and the pleasant relations heretofore existing between myself and the Senate are about to be severed. An adept in oratoric art would make this an occasion of interest, but as I possess no such powers I propose to make no formal address. Yet I would be doing violence to my own nature did I not express to the Senate the deep gratitude I feel for the kindness and courtesy with which I have been uniformly treated. I shall treasure this up to the latest period of my life. And now I beg leave to say to the Senate, farewell, and to every individual Senator God bless you. [Applause.]
Mr. BENNETT. In behalf of the Senator from Jefferson, [Mr. Cravens] who is in the chair, I beg leave to offer the following resolution?
Resolved, That the thanks of the Senate are hereby tendered to Lieutenant Governor Conrad Baker for the able, impartial, and courteous manner in which he has presided over the deliberations of the Senate, and that the Senate does hereby congratulate him and the State on his accession to the Chief Magistracy of the State.
Mr. HANNA. I desire simply to second this resolution, as a member of the minority on this floor; for since I have been connected with political bodies I have never met with a presiding officer to whom I have felt more strongly attached than the gentleman who has just vacated the Chair. I regard him as a gentleman of eminent ability, distinguished courtesy, unbiased and impartial in his decision, and I desire to offer this little tribute to a model presiding officer.
Mr. VAWTER. I ask for the yeas and nays in order that the record may show that the resolution was unanimously adopted.
They were ordered and being taken resulted - yeas, 46; nays, 0. So the resolution was adopted.
Mr. BENNETT. Before the discussion in this election case commences, for it will take a good while, and it ought to be fully discussed - while we have passed it informally over, I hope the Senate will adopt the motion I make, that we proceed to the election of a President of the Senate.
The motion was agreed to.
The PRESIDING OFFICER. Nominations are now in order.
Mr. CULLEN. I put in nomination for President of the Senate, Hon. Will Cumback, the Senator from Decatur county.
Mr. MASON. I put in nomination for President of the Senate, Hon. Bayless W. Hanna, of Vigo county.
There being no other nominations the roll was called with the following result:
Those who voted for Mr. Cumback were:
Messrs. Armstrong, Bellamy, Bennett, Brown, Church, Cravens, Cullen, Houghton, Hyatt, Jaquess, Johnson, Kinley, Lewis, Niles, Noyes, Oyler, Parrish, Reagan, Reynolds, Rice, Richmond, Stein, Terry, Thompson, Ward and Wolcott - 26.
Those who voted for Mr. Hanna were: Messrs. Baker, Bowman, Carson, English, Clifford. Howk. Huey, Huffman, Humphreys, Lee, Mason, Newlin. Sherrod, Smith, Staggs, Taggart, Turner and Vawter - 18.
The PRESIDING OFFICER. Hon. Will Cumback having received a majority of the votes cast, I hereby declare him duly elected President of the Senate. The Senator from Vigo [Mr. Hanna] and the Senator from Rush [Mr. Cullen] will please act as a committee to conduct the Senator to the Chair.
The Committee having performed that service -
The PRESIDENT said: Gentlemen: - I am deeply sensible of the honor you confer upon me in selecting me as your presiding officer. I can not fail to recognize the fact that this Senate is composed of men, who have distinguished themselves in their professions and avocations at home. Many of this body have often been called to fill important stations in the State, and have filled these exalted positions with honor, and many have distinguished themselves on the hardest fought battle fields, while in the service of our common country. A compliment of this character, from such a source, is one of which any man might well be proud, and I beg you to accept the thanks of a grateful heart.
I beg to say, gentlemen, that I have no experience as a presiding officer - that I am quite unfamiliar with the intricacies of parliamentary law, and will therefore be compelled to draw largely, and often, upon your generous forbearance and indulgence. Permit me to express the hope that I will have your constant assistance in the discharge of the difficult duty assigned to me. All that I can promise you is a sincere desire to do my duty with faithfulness and impartiality.
In accordance with the demand of the Constitution of our State, our distinguished presiding officer has just been called to the discharge of higher duties in a more extended field of usefulness. As the vote of the Senate just taken shows we part from him with deep regret, and he carries with him our earnest and sincere regard. He will distinguish himself there, as he has done here, and we may congratulate ourselves and our constituents that the interests of this great State are in the hands of a man with a clear head and a pure heart. No man can be found in the State more worthy to receive the mantle of our distinguished Governor than Conrad Baker.
And now, gentlemen, permit me to ex- page: 94[View Page 94] press the hope that harmony may be found in all our deliberations; that wisdom may be a distinguishing feature of all of our measures, and that all that we may do maybe for the glory of God and the happiness and prosperity of the people of our State, so that when we return to our constituents the great trust they have with so much confidence and generosity confided to us, they may say to us and of us, "Well done, good and faithful servants." [Applause.]
Mr. BELLAMY moved that Milton S. Robinson be permitted to speak on the floor of the Senate in his own behalf.
The PRESIDENT. That privilege has already been granted by resolution. Colonel Robinson is entitled to the floor, to plead his case.
Colonel Milton S. Robinson then appeared and occupied the time of the Senate for an hour and forty minutes - mostly reading testimony of witnesses to prove that the sitting member received more illegal votes than there are in majority canvassed for him by the Board of Canvassers The speaker had brought his evidence here with no desire to conceal from the Senate every word in it; and if, after hearing the evidence, the Senate believes Dr. Hunt is entitled to the seat, he was not asking support for his claims because he happened to belong to the Republican party, throwing all doubts in favor of Dr. Hunt, and 81 illegal votes were cast for him, yet the Committee had reported but 64. Mr. R. insisted that the Committee reports the truth when they declare that the sitting member received 64 illegal votes. When he had concluded -
Mr. VAWTER obtained the floor.
On motion by Mr. HANNA, the Senate adjourned till to-morrow morning at nine o'clock.
