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

THURSDAY, February 21, 1867.

The Senate met at 2:40 o'clock p. M.

The Secretary called to order, and on motion by Mr. BONHAM, Mr. Richmond took the Chair - the President not being present.

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

UNFINISHED SCHOOL BUILDINGS.

Mr. NOYES, by leave, introduced a bil [S. 214] for an act to authorize cities to prepare, execute and negotiate the sale of bonds to complete unfinished school buildings, or pay debts contracted for the same and authorizing the levy of an additional special school tax to pay the interest and principal of said bonds, [not exceeding fifty cents on the $100 valuation, and $1 on each poll.] It being read the first time -

Mr. N. said it would probably affect but one city in the State - the city of Kendalville in his district; the people there were anxious for it in order to enable them to finish a school building now in process of erection; and he therefore moved for a suspension of the constitutional restriction and that the bill be put upon its passage now.

The constitutional provision was dispensed with - yeas 35, nays 0 - the bill was read but once again, and passed the Senate by yeas 34, nays 1.

HOG CHOLERA.

Mr. BOWMAN, by leave, introduced a bill [S. 215] for an act to prevent the spread of the disease commonly called "hog cholera," and other diseases among domestic animals. [Every animal which shall die of the disease shall be safely and securely buried or burned by the owner or person having charge thereof] It was read the first time and passed to the second reading.

PERSONAL.

Mr. NILES rose to a question of privilege; and remarked that he observed from the report of the Senate proceedings on yesterday that in his absence, when the bill authorizing townships to subscribe for stock in incorporated companies, which he had opposed, was under consideration, a Senator charged that he was governed by unworthy motives in opposing the bill. Had the reasons which he gave for his opposition been reported, he would have been content to let the matter rest. But it was now proper for him to say that his opposition to the scheme for shingling the State all over with mortgages originated in no new born zeal. As a member of the constitutional convention, he had earnestly favored the same policy that he now advocated; and in common with the other members of that body, he supposed they had shut the door against all such attempts.

The clauses of the constitution forbidding the State and counties to subscribe for stock in incorporated companies, had saved the State from bankruptcy, and he did not believe that we had one mile less of completed railroads in the State by reason of that prohibition. The prohibition, be held was equally binding on townships, which are merely parts of counties, carved out for local conveniences, and subject to be changed at any time, as are counties themselves. This proposition is as plain as that the whole includes its parts. It was said that the bill was favored by his constituents, but where is the petition or memorial to that effect? There is a wide difference between the solicitude of a few persons managing a scheme, and the deliberate wishes of the people. He would only add that he was as deeply interested in the prosperity of the country where he lived, and if capable of being governed by unworthy motives, had as few motives to hinder it, as any other of its inhabitants.

AGRICULTURAL COLLEGE.

The PRESIDING OFFICER announced the consideration of the special order for this hour, viz: Mr. Stein's bill [S. 139] establishing an Agricultural College, and locating the same at the Tippecanoe Battle Ground; together with majority and minority reports thereon from the Committee on Education.

Mr. CASON, from the Committee on Education, returned Mr. Reagan's bill [S. 157] establishing four agricultural colleges (as branches of the North Western Christian, Wabash, Asbury and State Universities,) with a report expressing the opinion of the Committee that if the bill were passed Hanover College should be added; but as the Committee was opposed to dividing the fund, believing such a course would not be satisfactory to the people of the State nor in compliance with the object of the Congressional donation, they recommend the indefinite postponement of the bill.

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Mr. CRAVENS hoped no direct action would be taken on this report, but that it be passed over informally till after the consideration of the special order by the Senate.

It was 30 ordered by consent.

Mr STEIN addressed himself to his bill [S 139] proposing to carry out the intention of the act of Congress of 1862 by locating the Agricultural College at the Tippecanoe Battle Ground, commencing by the history of the various propositions that have been brought before the Legislature during the past three or four sessions. Referring to the minority report on this bill he characterized it as disingenuous and wanting in candor - as seeking to cast odium upon this proposition by insinuations and sneers, and as one of the most crafty gotten up things his eyes ever rested on - but the most objectionable part of it was the clamor for delay. He read copious extracts there from - commenting upon them at length. The minority report advocates a policy of procrastination in behalf of Indianapolis. Without asking delay in direct terms, it earnestly invites it by disingenuous insinuations, which are unwarranted by fact: such as first, that by the act of Congress of last summer, the time for building a college is extended to 1874; whereas in fact it expires in 1872: second, that the terms of the Tipton deed conveying the Battle Ground to the State preclude the use of the land for a college; whereas, the deed is unconditional: third, that the bill under consideration proposes only a sort of boys' school - a mere assertion without an atom of substantial proof to support it. The report when it undertakes to explains its own idea of what the institution ought to be becomes vague, visionary and incoherent. Its College is one without buildings, faculty, system of teaching or connected course of education, It proposes a general loafing caravnsary for gossiping farmers who occasioniall are to have a lecture "free of expense." He also traced back the title of the State to the Tippecanoe Battle Ground, and read the deed by which General John Tipton gave, granted and conveyed the same to the State: showing there was no condition or reservation by which the State holds the ground, but on the contrary, it is held by an absolute deed. How better can the State commemorate the memories of the farmers of the West, whose bones lie there buried, than to locate an Agricultural College on those beautiful grounds? The people of Tippecanoe county pledge themselves to erect, without cost to the State, within three years, such suitable buildings as shall be satisfactory to the Board of Trustees. He recited the terms an which the friends of the bill asked for the location; and plead earnestly for action - immediate action on this important subject.

DANIEL HARRISON.

Mr. BARKER asked for unanimous consent to call up a resolution just reported from the House of Representatives. He stated that a gentleman of Pike county has been arrested by a requisition from the Governor of Mississippi and carried off. He is wholly innocent of any charge, yet he has been taken hence - and there is no telling where. This resolution requests the Governor to send an agent after this gentleman and have him released.

No objection being heard -

The joint resolution [H. R. 18] instructing the Governor to send an agent to the State of Mississippi to secure the protection and release of Daniel Harrison of Pike county, Indiana, was read.

Mr. CRAVENS moved to dispense with the constitutional restriction so that the joint resolution may be read the second time by title only and the third time by sections, and put on its passage at once.

Mr. BENNETT raised the point of order that there was no constitutional provision requiring the reading of joint resolutions on three separate days - that provision applying only to bills.

The PRESIDENT so decided, and ordered the yeas and nays to be taken.

The joint resolution was then passed by yeas 41, nays 0.

AGRICULTURAL COLLEGE.

The consideration of the agricultural college bill being resumed -

Mr. THOMPSON was in ill health - too much so to be here; but desired to say a few words on this subject. It was due to the city of Indianapolis to state her position on on this subject, which he proceeded to do in a speech of a half hour's length. Indianapolis is always ready with her donations for great public enterprises, but she is not here begging for this agricultural college or anything else. Marion county pays one-sixteenth part of the entire revenue of the State; - on condition of being released from the payment of State taxes, she would gladly take care of and support all the benevolent institutions of the State. When he had concluded -

Mr. BENNETT said: In order to change the programme a little, I will remark that the Crescent City Band, of Evansville, now on a visit to this city, are in the lobby. I move that the Doorkeeper be instructed to bring them on this floor, that they may be received by the Senate, and that we may have some music. Then we can go on with the discussion of this agricultural college question with renewed zeal.

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The PRESIDENT. It is so ordered by consent.

The Doorkeeper having thrown open the folding doors and conducted the Band up the middle aisle and to the left of the President's chair -

The PRESIDENT said: Gentlemen of the Evansville Band - You have been invited by a unanimous vote of this Senate, within the Senate Chamber, and requested to favor us now with some of the sweetest and most touching strains of music, in the execution of which you have obtained such well merited celebrity.

The band then performed some four or five pieces - consuming about three-quarters of an hour in so doing.

Mr. STEIN moved that the thanks of the Senate be tendered the band for their musical entertainment.

The motion was agreed to.

Mr. HANNA. from the time this question of the location of an agricultural college was first broached, has uniformly cast his vote in favor of the Tippecanoe Battle Ground, arid nothing has transpired to change his mind on that subject. The spot is well suited for the location; it is the spot that has given Indiana her identity as a State; it is a spot baptized with fire and with blood, and there are memories clustering around it that form a beautiful consideration connected with the proposition of making it the site of a university of learning. He felt a deep interest in this question. It is a proud reflection for the people of this State, that Indiana has to-day the largest school fund in the world in proportion to her population. We are now on the heels of this session, and he hoped this question will be brought to a vote without further delay.

Mr. TURNER insisted that there were many reasons why this matter should be delayed a little longer. Delay is desirable, because there are other places in the State that might put in their claims for the location of this college if they had time to canvass the matter. His locality was not so specially interested as to direct his efforts in any particular direction, but it has been whispered around (with what degree of truth he was not able to say) that there is a combination between the three cities of Terre Haute, Bloomington and Lafayette by which each is to have a share of the spoils; and if such indeed were the case, he for one did not propose to be sold out by these cities.

Mr. HANNA, Mr. STEIN and Mr. CASON, each in turn, protested against being implicated in any such charge; declaring this was the first they had heard of any such arrangement.

Mr. TURNER disclaimed any intention to insinuate anything against any Senator on this floor; and made the charge directly against the lobby members from those three cities.

Mr. STEIN moved to concur in the report of the majority of the Committee on his bill S. 139.

Mr. CRAVENS hoped the vote would not be taken to-night, There are other gentlemen who would like to be heard on this question; and he himself desired to submit a very few remarks. He moved to make this subject the special order for to-morrow morning at ten o'clock.

The motion was agreed to.

Mr. BENNETT moved to take up a message from the House of Representatives, containing amendments to the Legislative apportionment bill [S. 166 - see pages 218 and 219 of these Reports] with a view to concurrence therein.

The motion was agreed to by - yeas 21, nays 16.

The amendment of the House to section three, striking out "Jennings" and inserting "Shelby" in lieu, was then read.

Mr. BENNETT moved that the Senate concur in the amendment.

Mr. BELLAMY opposed concurrence in the amendment. He endeavored to amend the bill when it was before the Senate as he thought justice and right required; but the Senate refused to vote for the motion; and now he was opposed to amending the bill in any particular.

Mr. OYLER said, as there was no use in discussing this matter, and as it was now supper time, he would demand the previous question.

The demand was seconded by twenty-two Senators.

The main question being ordered, on a division, - affirmative 22, negative not reported -

The motion to concur was agreed to.

Leaves of absence were granted to Mr. Bonham, till Tuesday, and to Mr. Lewis.

And then the Senate adjourned.

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