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Brevier Legislative Reports, Volume IX, 1867, 476 pp.
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IN SENATE.

FRIDAY, February 15, 1867.

The Senate met at 9 o'clock A. M.

On motion of Mr. BELLAMY, the reading of the minutes of yesterday's proceedings was dispensed with.

The PRESIDENT laid before the Senate a petition from Sebastian Hafer and other citizens of Decatur county, praying for the Enactment of a law prohibiting the sale of intoxicating liquors, except upon a petition of a majority of the legal voters of the town, township, or ward; which was read and referred to the Committee on Temperance.

The bill [S. 169] for the inspection of the State page: 239[View Page 239] Prisons, and the bill [S. 180] concerning government of the insane, were returned from the Committee on Benevolent Institutions with favorable reports.

EQUALIZATION OF BOUNTIES.

Mr HUMPHREYS offered the following:

WHEREAS, it is a fact apparent to all persons that many private soldiers who were engaged in the late war against the South, and also the families of many deceased soldiers, are now in limited if not destitute circumstances, and

WHEREAS, The law on the subject of bounties makes an unjust discrimination between persons entitled thereto, in regard to the amount of the same, therefore, be it

Resolved, By the Senate, the House concurring, that our Senators in Congress be instructed, and our Representatives requested, to use their influence to procure the passage of an act for the equalization of the bounties of all persons entitled thereto, under the provisions of any act of Congress on that subject.

It was adopted.

NEW PROPOSITIONS.

Bills for Acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:

By Mr. ROBINSON, [S. 195.] to cure defective and illegal bonds of executors and administrators. It was referred to the Judiciary Committee.

By Mr. CARSON, [S 196,] authorizing the appointment of three commissioners to inquire in to the condition of the finances of the State, and matters properly connected therewith. [To be appointed by the Governor and report to the next General Assembly.] It was referred to the Judiciary Committee.

Mr. CULLEN asked and obtained leave of absence for next week - to attend court.

Mr. OYLER obtained leave for the first three days of next week, for the same reason.

REGISTRY LAW.

On motion by Mr. OYLER, the registry bill, [S. 2,] was taken up, and the amendments of the Committee of the Whole, made day before yesterday, were considered seriatim.

The first amendment, proposing to strike out section 1, which requires of every voter twenty days residence in the precinct before election, being read -

Mr. PARRISH insisted that we should have a legislative expression as to what constitutes a residence; and that if this section is stricken out the bill would be a mere mockery.

Mr. OYLER concurred in the expressions just made, that this bill, without the first section, would be like the play of Hamlet with Hamlet left out.

Mr. WOLCOTT. If the section is stricken out, the material portions of the bill would fall with it - we would have a law entirely void and inoperative.

Mr. CRAVENS. The first section certainly contains the very essence of the bill. Some gentlemen say we will have a good registry law even if the first section shall be decided unconstitutional by the courts; if that be so then why not retain it in the bill? He should vote for the bill in any form: but with great reluctance if this section were stricken out.

Mr. TAGGART desired a law passed that should carefully guard the ballot box. To say this bill would be perfect without the first section is just about as reasonable as to say a man would be perfect without a head.

Mr. ROBINSON declared this section to be the most important in the bill: that he could not see the Constitutional objections urged against it. The Illinois registry law is similar to this except in the fact that it does not contain this very section: and gentlemen in that State assert that their law is very defective for the want of such a provision.

[Leaves of absence were obtained for Mr. Cravens and Mr. Newlin.]

The Senate refused to strike out the first section by yeas 9, nays 28.

Mr. GIFFORD moved to strike out "20" and insert "12 days."

Mr. JAQUESS moved to amend the amendment by making it thirty days.

On motion by Mr. Terry these amendments were laid on the table.

The first section was then adopted.

The Committee's substitute for sections 2 and 3, which provides that the Board of Commissioners shall appoint two resident freeholders - one from each political party - who, with the Trustee, shall constitute a Board of Registry from each township, who shall meet on the first Mondays of February and August, &c.; was agreed to. The Committee amendment to section 9, adding after the word "election" where it last occurs, these words ; "and prove by the oath of a freeholder and a registered voter of the precinct in which he asks to be registered, that he knows him to be a resident of the precinct, and entitled to be registered, and if in any city, giving the residence of such person within such precinct," was agreed to. The Committee amendment to section 12, by providing that the affidavits referred to in section 11 be attached to the poll lists and returned to the County Clerk's office with them, was agreed to. The Committee's additional section, numbered 10, which provides for a record of a contested vote, and for punishment of members of the Board for certain improper conduct in connection therewith, was agreed to. The Committee's amendment to section 16, making the pay of the Board of Registration and their clerks $2 per day, was agreed to.

The section prohibiting the adjournment of election boards until the votes are counted and the result announced, was adopted.

The Committees' substitute tor section 18 providing that any person who by false statements shall cause his name to be put on the registry shall be deemed guilty of a misdemeanor and fined not less than one hundred nor more than three hundred dollars, to which may be added imprisonment not exceeding ninety days. "All in entional false swearing," etc., "shall be perjury," etc., "any person causing, aiding or abetting," etc., was agreed to.

The sentence in the 19th section of the bill commencing with these words: "If any member or officer of said Board shall willfully violate," was adopted as an independent section.

The Committees'additional section, numbered page: 240[View Page 240] providing that all ballots which may be cast at any election hereafter held in this State shall be written or printed on plain white paper, without any mark or embellishment thereon, and all inspectors shall refuse all ballots of any other description, being read -

Mr. OYLER moved to amend by adding the words "except the names of candidates and the office for which they are voted," after the word "thereon."

Mr. BONHAM insisted that you had just as much right to say what ticket a man should vote as to say what color the ticket should be.

Mr. STEIN spoke for securing to the voter the strictest secresy in casting an independent ballot.

Mr. NOYES suggested difficulties in literally carrying out the provisions of this section.

Mr. OYLER said it was not intended to operate on anything but the face of the ticket.

Mr. HANNA suggested that all frauds on the inside should vitiate the ticket.

Mr. OYLER. Certainly.

Mr. BROWN suggested another difficulty - what is white paper?

Mr. CUMBACK, (Mr. Ward in the chair,) hoped the amendment would be rejected, and gave reasons.

Mr. MILLIGAN. This bill is a very important one in these days of illegal voting and ballot box stuffing. The Democrats, the Republicans, the Union men, and all parties have asked for it. We have nearly perfected the bill and have made it to suit all parties, and now it is proposed to amend by saying that no ticket shall be received by the inspector of any election unless it is written or printed on white paper. He thought it beneath the dignity of the Senate to waste time on a proposition so small and so rediculous. Many men have a great pride in writing their name on their tickets, and this will prevent that or make such tickets illegal; or if there should be any figures or marks on the ticket it would be rejected. He hoped this amendment will not prevail and that the voter may have the privilege of voting his ticket, let the color be what it way.

Mr. HUMPHREYS considered this section just as fair for one party as for the other.

Mr. RICE supposed a case of rejection because the paper was thick or thin, which might make a difference in the shade.

Mr. CHURCH thought this a very small matter to spend so much time about.

Mr. SHERROD regarded this as a question of no less importance than to protect the purity of the ballot in the hands of men who perhaps are under the influence of their employers.

Mr. BONHAM made an ineffectual motion - yeas 14, nays 23 - to lay the amendment on the table.

The amendment was agreed to.

Mr. BELLAMY made an ineffectual motion to amend by adding "and no ticket shall be received that is not ten inches long and six inches wide."

On motion by Mr. JOHNSON, the section was amended by adding these words: "Provided nothing herein shall disqualify a voter from writing his own name on the back thereof."

The section as amended was agreed to.

Mr. BONHAM inquired if the section would prevent the placing of the words "Republican Ticket" or "Democratic Ticket" at the head of the ballot?

Mr. OYLER. Yes sir.Mr. BONHAM. Then it is more infamous than ever.

Mr. RICE offered an additional section: 'that no person shall be entitled to the right of the elective franchise at any election in this state who shall have borne arms in the late rebellion against the Government of the United States"

Mr. OYLER was in favor of the amendment as an independent proposition, but not as a provision in this bill. This is not a bill to fix the elective franchise, but a bill to register voters; and he did not want to see its passage jeopardized by such an amendment.

Mr. RICE did not wish to jeopardize the registry law, but if this provision is going to jeopardize it, let it. He regarded it as the most important section in the bill.

Mr. HUMPHREYS had used his best efforts to perfect this bill, but now as this section had no reference to the subject matter, unless it is withdrawn he should vote against the bill. He was not an apologist for those who bore arms against the Government; but how many were compelled to do so against their will?

Mr. BONHAM suggested that there was a bill before the Senate which will more properly cover this case, and it would be better to add the amendment of the Senator from Parke [Mr. Rice] to that.

Mr. HANNA hoped gentlemen would not allow themselves to do anything of this kind in haste. We are not to drag in this forum our little freaks and insults -

Mr. RICE disclaimed any intention to insult anybody here.

Mr. HANNA did not refer to the gentleman, but saw too much feeling growing up on this question for the high and dignified position Senators should occupy. He opposed making it an issue in this registry law, and appealed to the Senate to keep it out.

Mr. CULLEN joined heartily in the desire to avoid party wrangling over a ques- page: 214[View Page 214] tion of this character, but could not see how the amendment is calculated to arouse party spirit. The object is to guard the purity of the ballot box, which the gentleman says he is anxious to do. He would not disfranchise any but those who have wilfully borne arm against this government. Every State has right to fix the qualification of its own electors, and we certainly can debar that class guilty of the highest and most heinous of all crimes.

Mr. HANNA placed his view of this question upon an enlightened basis of Christian principles, and not upon party spirit at all.

Mr. CULLEN moved to amend by inserting the word "voluntarily" before the words: "borne arms."

Mr. RICE accepted the amendment.

The amendment was rejected by yeas 22, nays 13as follows:

YEAS - Messrs. Armstrong, Bowman, Gifford,Hanna, Houghton, Huey, Huffman, Humphreys,Johnson, Lee, Oyler, Parrish, Robinson, Sherrod, Staggs, Stein, Taggart, Terry, Thompson, Turner, Wolcott and Mr. President - 22.

NAYS - Messrs. Bellamy, Bonham, Brown, Church, Cullen, Hyatt, Jaquess, Lewis, Milligan, Noyes, Reagan, Rice and Ward - 13.

Pending the roll call -

Mr. ARMSTRONG said he did not believe this proposition properly belonged to a registry law, therefore he would vote "aye."

Mr. JOHNSON was opposed to allowing rebels to vote, but did not regard this as a proper place to put the restriction.

Mr. OYLER did not favor rebels voting, neither did he favor the killing of this registry law, consequently he voted "aye."

Mr. ROBINSON also opposed their voting, but desired the passage of a registry law for which all parties can vote.

Mr. SHERROD was opposed to any traitor voting; but when a man has sinned and acknowledged it, it is in keeping with Christian principles and with all the better instincts of the American heart to forgive him. He voted "aye."

Mr. TERRY, did not want it understood that he was in favor of rebels voting, but as he did not desire to encumber this bill with a provision that would take away votes from it, he voted "aye."

Mr. THOMPSON sympathized with the proposition, but as we have fixed up the bill go far harmoniously, he desired to preserve the same spirit. He voted "aye."

The vote was then announced as above recorded.

The PRESIDENT laid before the Senate a communication from the Governor returning the State Librarian's bill [S. 5] in compliance with the request adopted yesterday.

On motion by Mr. OYLER the bill was referred to the Committee on the State Library.

Leave of absence was obtained for Mr. Cason till Monday.

On motion by Mr. OYLER the bill was considered as engrossed and read the third time.

The bill finally passed the Senate by yeas 28, nays 9.

Pending the roll call -

Mr. BONHAM said : I think our Democratic friends have got a good bill, and one that suits them, but I am free to confess it does not quite suit me. The bill is encumbered with some amendments that I do not think that I can conscientiously vote for. I do not propose to stultify myself by to-day voting for a section providing who shall and who shall not be enrolled, and then in a few days vote for another bill disfranchising the very persons which this bill says shall be enrolled and become legal voters. I am in favor of a registry law, but am not in favor of this bill as it now stands. I shall vote "no."

[Leave of absence was obtained for Mr. Cason till Monday.]

Mr. CULLEN, when his name was called. I desire to say that I am in favor of a registry law, but this bill in all its particulars does not suit me, and I cannot conscientiously vote for it. It proposes a registration of legal voters; it proposes to prescribe the qualification of loyal men of this State; it proposes to set bounds for them; but, when it is proposed here to set bounds to men who have been in rebellion against this Government, that is voted down. I think it is as necessary to protect the ballot box against rebels as against the loyal men of Indiana. There are several other propositions contained in the bill, in which I cannot concur. I cannot concur in that provision with reference to the paper on which the tickets may be written or printed. I think that is all wrong and unconstitutional, and I believe it will be declared a void act. I am opposed to this bill - especially am I dissatisfied with the rejection of the section offered by the Senator from Parke [Mr. Rice]and shall therefore be compelled to vote "no."

Mr. NOYES, when his name was called, said: I believe for the first time in my life I shall give the reason for the vote I shall cast. The people I represent are opposed to allowing rebels to vote in this government in the future, not only in our own State, but in all others. They are especially opposed to their voting in this State. To-day am called to vote upon a bill which says uch a man shall be registered as a voter, and to-morrow a bill may come in here saying that such a man shall not be a voter. As I intend to vote for that bill, I can not onsistently vote for this one. I am satisfied that my people desire me to vote against any act that would by any implication give page: 242[View Page 242] a rebel the right to vote here or elsewhere. I vote "no."

Mr. RICE, when his name was called, said: I feel somewhat embarrassed at this stage of this question. My constituents expect me to vote for a good registry law, and have instructed me in regard to this thing of rebels voting. We don't think down there that any man who has fought against this government is entitled to vote, and ought not to be allowed to wield the destinies of the State, as against the loyal men who upheld it in its time of sorest need. My proposition to this effect has been deliberately voted down by our friends on the ground that this is not the proper time. I say this is the proper time and the proper place.

Mr. HANNA raised the point of order that the Senator was not addressing himself to the provisions of the bill, but to outside questions.

The PRESIDENT. The Senator will confine his objections to the bill as it is.

Mr. RICE. Well, sir, the bill does not come up to my standard as to what should constitute a good registry law; and I think the effect of it will be to throw that party in power which has been acting against the interests of the State and against this Government for the last six years; therefore I vote "no."

After the roll-call had concluded, and before the result was announced -

Mr. REAGAN said: As we are not to take into consideration outside issues; and from the fact that I know the voters of my county desire we should have a registry law; and the probabilities are that this is all we can get in the shape of a registry law, I ask to change my vote. I wish now to vote "aye."

The result was then announced as above.

So the bill passed the Senate.

On motion of Mr. STEIN, and by unanimous consent, the title was amended by adding these words, "and form of ballot."

Then came the recess till 2 o'clock.

AFTERNOON SESSION.

NEW PROPOSITIONS.

Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:

By Mr. CULLEN, [S. 197] supplemental to an act regulating descents, &c., approved May 14, 1852. It was referred to the Judiciary Committee.

By Mr. CULLEN, [S. 198] to amend sections 25 and 88 of an act dividing the State into counties &c. , approved June 7, i852. [It affects the boundary lines of Fountain and Warren counties.] It was referred to a special committee, to consist of the Senators interested.

By Mr. JACQUESS, [S. 199] to amend an act declaring the law regulating marriages, &c. [Authorizing Notaries Public to solemnize marriages ] It was referred to the Committee on Rights and Privileges.

STATE LIBRARIAN - TERM OF OFFICE.

Mr. OYLER, from the Committee on the State Library, returned the bill [S. 5] with an amendment adding to the title these words: "and a supplemental section fixing the term of the State Librarian and the time when the same shall commence."

On his motion the bill was again passed the Senate by yeas 34, nays 0.

OFFICES FOR STATE OFFICER

Mr. HOUGHTON, from the Committee on Public Buildings, reported in favor of renting the Gallup building, on the corner of Tennessee and Market streets, for the term of two years at $4,000 per annum; and recommending the passage of a resolution directing the Auditor of State to take he lease on those terms. It was concurred in.

THE LIQURR TRAFFIC.

On motion by Mr. WOLCOTT his Temperance bill [S. 46] described on pages 52, 53, 96, 97 and 98 of the BREVIER REPORTS, was read the third time.

The bill failed to pass for waht of a constitutional majority - yeas 21, nays 16.

Pending the roll call

Mr. BROWN said: My constituents have petitioned for a prohibitory liquor law, and in view of that fact I do not like to take the responsibility of voting for any license law. Therefore I vote "no."

Mr. JOHNSON, in explanation of his vote was understood to say: I am led to relieve that my people are in favor of such a law, although I myself would dislike to see it pass. I therefore vote "no."

Mr. OYLER, when his name was called, said: Some of my people want a prohibitory law and some want a license law. I think this bill a good compromise, and so I vote "aye."

Mr. REAGAN, when his name was called, said: My people decidedly favor a prohibitory law, such have been my instructions, and I shall vote at all times for the passage of a prohibitory law. This law will not entirely meet their expectations, nor would I give it my support had I any idea we would be able to pass a prohibitery law, Under the circumstances I believe it to be an improvement on the old law, and consequently I shall vote "aye."

The vote was then announced as above.

OFFICES FOR STATE OFFICERS.

Mr. OYLER submitted a concurrent resolution carrying out the recommendation of the Committee on Public Buildings with reference to the renting of the Gallup property.

Mr. HANNA objected to the resolution being considered out of order. He referred page: 243[View Page 243] to a lease yet to run two years on the building now occupied by the State offices: and stated that the objections to retaining that property could be obviated: and that the entire building can be obtained for $2,500a year.

Mr. OYLER was satisfied the lease was made without authority. He moved to suspend the rules in order that the resolution may be considered.

The motion was agreed to, upon a division.

Mr. HANNA moved to refer the resolution to the Judiciary Committee, with the position of Mr. McOuatt, to lease his entire building for $2,500 a year,and with instructions to inquire into the validity of lease under which the building is now occupied.

On motion of Mr. CULLEN, the motion to refer was laid on the table by yeas 22. nays 12.

Mr. OYLER; Mr. CULLEN and Mr. THOMPSON favored the passage of the resolution.

The resolution was adopted.

Senate bills numbered 103 and 142 were returned from committees with favorable recommendations; and the bill S. 55 with a recommendation that it be indefinitely postponed. The report was concurred in.

On motion by Mr. CULLEN, the Senate proceeded to the consideration of bills on their final reading.

Mr. Thompson's bill [S. 14] to encourage immigration to the State, being read the third time -

Mr. ARMSTRONG moved to fill the blank with "$5,000" for the annual appropriation.

Mr. HOUGHTON considered this a bread-and-butter bill and objected; but immediately withdrew his objection - contenting himself with voting against the bill.

Mr. HANNA objecting -

Mr. MILLIGAN moved to fill the blank with $1,000.

Mr. NTLES preferred it should be left to private enterprise, and that no appropriation be made: but would not make any objection that would delay a vote on the bill.

Mr. CARSON objected - suggesting that the bill be referred to a committeebut would consent to filling the blank with $500.

It was so ordered by consent.

The bill failed to pass for want of a Constitutional majority - yeas 22, nays 13.

HOUSE OF REFUGE FOR JUVENILES.

The committees bill [S. 161] establishing a House of Refuge for juvenile offenders, described on page 184 of these Reports, being read the third time -

Mr. TAGGART was sorry to stand almost alone in opposition to this measure. While he favored sustaining all benevolent institutions, on all occasions, he thought there was a stopping place somewhere. If it be a fact that the tax required for the ensuing year will be equal to the value of the agricultural products of the State, he thought we ought to consider whether there was not a place and a time where the extravagant expenditure of public moneys should be stopped. He spoke at length in opposition to the bill.

Mr. CUMBACK. As I have the honor to be a member of the committee who prepared and reported this bill, I ask the indulgence of the Senate to say a few words in favor of the general objects sought to be attained by it. I leave to others to speak as to the details of the measure. It seems to me that unless we pass this bill, we shall have done nothing more than many a preceding General Assembly has done.

Let us show, by our broad and liberal views, that we have caught the spirit of progress, and are prepared to look beyond the mere temporal wants of the people - that so far as we can, as legislators and Christians, we will encourage virtue and suppress vice and wrong - that we will interpose the strong arm of the State to arrest the torrent of crime that is sweeping so many of the young into the prisons and jails of the country. That something, has not been done long ago, is a matter of both regret and astonishment.

A conscientious regard for a faithful discharge of our duty, and the imperative necessity for prompt and effective action, absolutely forbid that we should longer postpone the adoption of this most benificent measure.

The streets of our cities and towns are filled with boys uncared for by any one, who are pests and outcasts in society, and who are living and moving exponents of pauperism, idleness and crime.

Withdrawn as they are from all wholesome moral influences, they each day make the chances more certain that their manhood will be infamous, that their whole life will be a curse and not a blessing to the world.

Can they be reclaimed? Is it in our power to remove them from the vicious influences that now surround them, and instil into their young hearts a comprehension of their duty to God and man, and implant in them a desire for a higher, a purer and a better life?

God has stamped his own glorious image upon every one of these living souls. May we not burnish and make bright this seal of Divinity that vicious habits and evil communications have so deeply corroded and almost obliterated?

page: 244[View Page 244]

Left as they are, with no moral influences thrown around them - shut out and excluded from the society of the good arid the virtuous, and hourly exposed to the corruptions of the grog shops, the gambling hells and other dens of iniquity, there is positively no hope for them. They are lost, irrecoverably lost, unless by some such measure as this we save them.

Our criminal laws do not meet the evil, but rather aggravate than cure it.

These juvenile offenders are arrested and thrown in prison with hardened criminals and abandoned wretches, and when they come forth they are hardened in their purpose to lead a life of crime - they are graduates in iniquity and adepts in sin, and commence anew their life of lawlessness, It is scarcely possible to find a single case of reformation in young criminals by this sort of means. This having failed, let us try this mode of dealing with them. Let us substitute the laws of kindness and love, instead of the harsh penalty of the law. Let us make them feel that we have an interest in them, and for them, and that they may not say like one of old, "No one careth for my soul."

The Institution contemplated in this bill is not an experiment new and untried. Other States have long since waked up to the importance of the subject, and have by their wise and benificent legislation adopted the remedy here proposed, and with the most happy and satisfactory results. We have their example before us and the light, of their experience to guide us.

It is a fact that can not be denied that kindness has reclaimed the most hardened criminal of mature years. These cases, I grant, are few, but they do sometimes occur. But if we will surround these boys before their minds are matured with a pure, moral atmosphere, brace up their prostrate self respect, and make them feel that they, too, may stand in the front rank among men, the very best results will follow; and if we do not succeed in reclaiming all, we will be the instruments of saving many From a careful investigation of the reports from the institutions of this kind from other States, I find they hear united testimony to the fact that the great majority who have the benefit of these institutions are entirely reformed. Many who go to these institutions are taken from thence into the hands of Christian families and reared up under its wholesome influences, and go forth in the battle of life on the side of virtue and truth. These are most glorious results, and fill the Christian heart with the hope that the promised day is not distant, when the knowledge of the Lord shall cover the earth as the waters cover the great deep.

But, sir, there is still another view of this subject, We live in a country where the people are the source of all power, people are corrupt and depraved our rulers will be of the same character. Our executive will not be any more a terror to doers and a praise to them that do well. Our judiciary will not be pure and upright but will render unrighteous and unjustd cress, and our Legislature will be a den of iniquity and corruption, and our statutes a disgrace to a Christian and enlightened age.

To accomplish the purity of the people for all time to come, the good and self sacrificing of every generation must take hold and promote with earnest hearts every enterprise that will turn the feet of the young in the path of virtue. And while no sectarian dogmas should be taught in our common schools, yet every teacher in these should have his head and heart full of the elevating truths of the Gospel, and impart each day to those entrusted to his or her instruction, the great principles found in the teachings of Him who spake as never man spake.

But neither the common school or the Sunday School or any other means that is now provided will reach this class of persons whom the able Senator from Laporte yesterday with so much truth said are the wards of the State. This is the only we can save this vicious class. We should be profoundly grateful that there is any way to make good honest men and intelligent citizens out of this material.

Let us then not hesitate a moment to pass this bill, but rather let us rejoice that it is our glorious privilege to be the instruments of inaugurating in Indiana an enterprise that has been so beneficent in its results in our sister States.

The bill finally passed by yeas 29, nays 9.

Pending the roll call -

Mr. SHERROD said: There is a great deal of virtue in this bill, but I can not vote for it from the simple fact that it is increasing the burdens of the people at a time when we should economize on every occasion.

Mr. TURNER said: I labor under difficulties with regard to the vote called upon to cast, and what I say now for the benefit of my people. My convictions are all in favor of this bill. I have read it and like its provisions, but during the late canvass my opponent and myself were both pledged before the people of my district, that we would vote for no increase of their burdens. I would be very sorry if my vote should defeat the bill, but I feel obliged to vote "no."

The vote was then announced as above.

page: 245[View Page 245]

PLANK AND TURNPIKE ROADS.

Mr. Richmond's plank, gravel and McAdamized road bill [S. 54]described on page 68 - was read the third time and failed to pass for want of the constitutional majority of 26 votes - yeas 21, nays 17.

Leaves of absence were granted Mr. Carson till Monday evening at 6 o'clock, and Mr. Lee, Mr. Armstrong and Mr. Noyes till Tuesday.

Mr. ARMSTRONG offered the following:

Resolved, That when the Senate adjourns, it adjourn till Monday, at 2 o'clock p. M.

On motion of Mr. BELLAMY, it was laid on the table by yeas 29, nays 12.

Mr. BONHAM offered the following:

Resolved, That when the Senate adjourns it be till Monday, 2 1/2 o'clock'P. M.

Mr. B. said: It is known to all Senators that our Committees have not been in session during the week, except occasionally at night. There is no business we can do to-morrow at all; we have worked hard this week, and I think it nothing more than right that we take a rest to-morrow.

The resolution was adopted by yeas 21, nays 17.

And theu the Senate adjourned.

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