IN SENATE.
FRIDAY, January 18, 1867.The Senate met at 9 o'clock A. M.
On motion by Mr. CRAVENS, the reading of the Secretary's journal of yesterday was dispensed with.
On his further motion, the House of Representatives was requested to return to the Senate the joint resolution [S. 1.] ratifying the proposed amendment to the Constitution of the United States, it having been reported to that body without a resolving clause.
Mr. OYLER, from the Committee on the State Library, returned his Librarian bill [S. 5,] recommending passage. The report was concurred in.
On motion by Mr. CUMBACK, the Committee on Education was authorized to employ a clerk.
NEW PROPOSITIONS.
Bills for Acts of the General Assembly numbered and titled to the following effect, were introduced, read the first time, again by title only, and referred to appropriate committees. 4
By Mr. CUMBACK, [S. 50,] to amend section 12 of the general common school law approved March 6,1865. [So as to authorize the school tax on property to be doubled.] Referred to the Committee on Education.
By Mr. WOLCOTT, [S. 51,] to regulate the responsibility of Inn keepers. Referred to the Judiciary Committee.
By. Mr. BELLAMY, IS. 52,] to repeal an act entitled an act to amend section 35 of the general common school law, approved March 6, 1865, approved December 20, 1865. Referred to the Committee on Education.
THE CONSTITUTIONAL AMENDMENT.
A message from the House of Representatives announced the passage by that body of the bill [H. R. 42] to prevent the breaking of a quorum in the General Assembly, and the return from that body to the Senate of the joint resolution [S. No. 1] for the ratification of the constitutional amendment, in compliance with the request of the Senate.
On motion by Mr. OYLER, the joint resolution [S. 1] for the ratification of the proposed amendment to the Constitution of the United States, was taken up.
On motion by Mr. BENNETT, the vote of the Senate passing the joint resolution was reconsidered.
Mr. BELLAMY moved to amend by adding after the "whereas":
"Therefore, be it resolved by the General Assembly of the State of Indiana, that the General Assembly does hereby accept and fully ratify the following article, in addition to and amendatory of the Constitution of the United States, proposed by the Congress of the United States, to-wit:
Mr. CULLEN. I move to refer the resolution again to the Committee, that they may take another look at it. [Laughter.]
Mr. BENNETT. I hope not. When the joint resolution was passed it contained a similar resolution, and another, that the Governor transmit it to the Secretary of the United States. I offer the following as a substitute - it is the one originally drawn in the resolution:
Be it Resolved by the General Assembly of the State of Indiana, That said proposed amendments to the Constitution of the United States are hereby accepted and ratified on the part of the State of Indiana.
Mr. OYLER. I wish to state to the Senate, in addition to what the Senator from Union [Mr. Bennett] has said, that I now have a distinct recollection that when the resolution was before the Committee, and I am under the impression when it was reported to the Senate by the Chairman, that it had these resolutions attached to it. They must have been lost out somehow.
The LIEUTENANT GOVERNOR. It strikes me there is a word or two wanting yet.
Mr. CULLEN. Now I renew my motion to refer. I want it right this time. We had one beautiful example of this sort at the last session of the General Assembly. It page: 58[View Page 58] will not take the committee long to fix it up all right, and they can present it again this afternoon.
Mr. BENNETT. I hope it will not be referred; there is no necessity of it. It is an easy thing to perfect it right now.
Mr. CULLEN. I am satisfied that it is an easy thing; but it is not any easier now than it was the other day, and I insist on my motion.
Mr. NILES. I would inquire if an additional resolution is attached requesting the Governor to transmit a copy to the State Department at Washington?
The LIEUTENANT GOVERNOR. No, sir.
Mr. BENNETT. As I drew the resolution in the first place, it had such a resolution attached. That is not necessary though.
Mr. NILES. I suppose it is not essential. Though it is well to refer such important matters to committees, it appears to me that we can get along without it this time.
Mr. CULLEN. I want a comparison between this and the original amendment as passed by Congress. It ought to be carefully compared with the original as it was passed by Congress.
The motion to re-commit the joint resolution to the Committee was rejected - affirmative 14, negative 21.
Mr. OYLER. I occupied several hours in hunting down the certified copy of the Constitutional Amendment, but with no success, and there has been no real comparison of the resolution of the Senate with the copy on file in the Executive Department. I am informed that it is now in the hands of the House Committee, and if there is any mistake, it can be corrected in the House.
Mr. RICE. The comparison should be made here. I move a reference of this joint resolution to a special Committee of three.
The motion was agreed to on a division - affirmative 18, negative 15.
The LIEUTENANT GOVERNOR immediately announced the Committee, viz: Messrs. Rice, Oyler and Bennett.
AMENDMENT OF THE RULES.
Mr. CRAVENS gave notice that on tomorrow he should move an amendment to the rules, that all bills and joint resolutions, on the first reading, if not rejected, should be referred to a standing or select committee.
SENATE BILLS ORDERED ENGROSSED.
Mr. Church's collection of debt, [9;] Mr. Parrish's license to vend foreign merchandize, [10;] Mr. Oyler's county officers' practice, [20;] and Mr. Church's legalizing notaries' acts after the expiration of commission, [24;] were severally read the second time, and ordered engrossed for the third reading.
INVITATION FROM THE HOUSE.
A messenger announced that the House of Representatives was in waiting for the Senate to meet in joint convention for the election of officers named in the concurrent resolution adopted yesterday.
Mr. CULLEN moved to take up this message, and that the Senate repair immediately to the hall of the House.
THE CONSTITUTIONAL AMENDMENT.
Mr. BENNETT interposed a report from the Special Committee thereon returning his joint resolution [S. 1] ratifying the Constitutional Amendment. They have examined the same with the authenticated copy, and recommend the adoption of the resolutions originally attached.
The joint resolution was then read by the Secretary as follows:
A joint resolution accepting and ratifying certain amendments to the Constitution of the United States, proposed by Congress to the Legislatures of the United States.
WHEREAS, Congress has by a two-thirds vote proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by the Legislatures of three-fourths of said States, shall be valid to all intents and purposes, as a part of said Constitution, viz :
[A copy of the amendment as passed by Congress is here recited in full.]
Therefore be it resolved by the General Assembly of the State of Indiana, That the proposed amendments to the Constitution of the United States are hereby accepted and ratified on the part of the State of Indiana.
And be it further resolved, That the Governor be authorized and requested to forward an authenticated copy of this joint resolution to the Secretary of State of the United States.
The question recurring on the passage of the joint resolution, it was again finally passed in Senate by yeas 29, nays 16 as follows :
YEAS - Messrs. Armstrong, Bellamy, Bennett, Bonham, Brown, Cason, Church, Cravens, Cullen, Cumback, Houghton, Hyatt, Jaquess. Johnson, Kinley, Lewis, Milligan, Niles, Noyes, Oyler, Parrish, Reagan, Rice, Richmond, Stein, Terry, Thompson, Ward and Walcott 29.
NAYS - Messrs. Barker, Bowman, Carson, English, Gifford, Hanna, Huey, Huffman, Humphreys, Hunt, Lee, Mason, Smith, Staggs, Taggart and Turner 16.
JOINT CONVENTION.
On motion by Mr. RICHMOND, the Senate then accepted the invitation of the House, and proceeded in a body to the Representatives' Hall, preceded by its officers.
When the Senators returned and resumed their places -
ELECTION FOR TRUSTEES OF STATE ASYLUMS.
Mr. CRAVENS offered a resolution which was adopted, that the Senate now page: 59[View Page 59] proceed to the election of three directors of the Benevolent Institutions of the State.
Mr. RICHMOND nominated John S. Spann, of Indianapolis, for Trustee of the Blind Asylum.
Mr. CUMBACK nominated John W. Moody, of Decatur county, for Trustee of the Insane Asylum.
Mr. HOWK nominated for the same position F. L. Farmer, of Daviess county.
Mr. CULLEN nominated Dr. Burt, of Vernon, as Trustee for the Deaf and Dumb Asylum.
Mr. HANNA. I do not fully understand the facts, but there has been a good many charges preferred with regard to one of these benevolent institutions, and I think it a proper subject for the examination of a committee. I was going to move a postponement of this election until there could be an examination and report of that committee.
The LIEUTENANT GOVERNOR. It would not be in order, without reconsidering the order to go into an election.
Mr. HANNA. I move to reconsider the vote by which the election was ordered.
The motion was rejected.
On motion by Mr. CUMBACK, the Senate agreed to vote for all the officers to be elected, at one ballot.
Mr. SMITH nominated F. Hardin for Trustee of the Deaf and Dumb Asylum; and L. P. Dale for the Blind Asylum.
There being no other nominations, the ballot resulted -
For Mr. Spann, 29; for Messrs. Moody and Burt, 28 each; and for Messrs. Dale, Palmer and Hardin, 15 votes each.
The LIEUTENANT GOVERNOR. Messrs. Spann, Moody and Dale having received a majority of all the votes cast by the Senate, that fact will be reported to the House.
BOLTING BILL.
On motion by Mr. OYLER, the order of business was suspended, and the bill [H. R. 42] to prevent breaking a quorum in the General Assembly, was read the first time, and passed to the second reading.
Mr. TERRY moved that the Senate adjourn; but withdrew the motion for -
Mr. CRAVENS. Before the Senate adjourns I would like to make a suggestion. It has been stated on the floor of the Senate that there are several charges pending or have been made against some of the parties we have elected as Trustees of the Benevolent Institutions. If any Senator knows of them, or if there is any intimation of that kind, it seems to me we would be rushing into the election with indecent haste unless these charges were investigated or refuted. If any Senator knows of any charge against any of these gentlemen, I hope it will be made known. It is due to the Senate and due to all parties interested.
Mr. HANNA. I do not desire to assume the attitude of making charges against any body unless I should know personally concerning them, but I recollect of reading this week in one of our public journals various charges with reference to one of the State Benevolent Institutions. I do not know how true they are or how much ground there is for them, but I think under the circumstances, as so much is involved in this matter, it would be proper that they of should be investigated. No one would have any objection to an investigation. If the charges are unfounded, it would afford me as much pleasure to know it as any gentleman on this floor.
Mr. BENNETT. It strikes me that this is not a proper time to raise such a question as this. These men were put in nomination by a caucus of Union members, and simply because some Senator arises and insinuates that there might be a something charged against somebody, I see no reason for taking action such as is proposed. Some gentleman may insinuate before next Tuesday that Governor Morton is charged with something or other, and would that be a sufficient reason why we should not go into an election for United States Senator? It will be the first of April before these Trustees commence their terms of office, and they will not take their places if the Legislature does not want them to do it. There is plenty of time to take action in this matter. I insist as a Union Senator, having assisted to nominate these men in caucus, that it is their right to be elected and our duty to elect them. If there are any charges against them let them be made in form - mere insinuations ought not to stop us.
Mr. CUMBACK. I would like to inquire who are the particular persons charged with improper conduct. I think this is but just to those we have elected who are not thus charged. One of the gentlemen elected [Dr. Moody,] lives in my town, is my family physician, and is one of the most upright, honest gentlemen in the world. I would like the Senator to indicate what particular persons the charges are against, so the others may escape even the breath of suspicion.
Mr. CULLEN. In addition to the remarks already made by Senators I desire to say that the law expressly provides against all corruption by these officers and they can be thrown out of office at any time. We have gone through with the election, and as the Senator from Union [Mr, Bennett] has said, it is time enough be- page: 60[View Page 60] tween now and the end of the session for their conduct to be investigated and for them to be thrown out of office if it is improper for them to take their seats in the several boards to which they are elected,
Mr. HANNA. I do not wish to be misunderstood. I made my motion before we went into the election, that we might go into it understandingly. I make no insinuations. It is not my character to do so. What I say I say openly and am responsible for what I say here and everywhere. The ground for my remarks was based on charges I read in one of the city papers, as I have stated before. The article related to the disbursement of the fund appropriated for the Lunatic Asylum, and it was with reference to that I was speaking. I don't know who the gentleman is - I am not personally acquainted with any of them - and I don't want any one to consider this as a personal matter at all. Of all our public institutions the Lunatic Asylum is the one we feel the most interest in, and if there is any ground for the charges I have seen in the papers, we ought to know it.
Mr. CUMBACK. Does the gentleman remember the name of the party against whom the charges are made?
Mr. HANNA. I only remember that the article was on the disbursement of the fund appropriated for the Hospital for the Insane.
Mr. OYLER. One Director from each institution and their President constitute a Board of Trustees for the disbursement of the funds of the several institutions. That is my recollection of the law.
Mr. THOMPSON. I have seen no charges except against the management of the Insane Asylum. Dr. Moody is a high toned gentleman, who lives away from this place a considerable distance, and may not have heard of these charges. Mr. Spann, also, I know to be an honest, upright man. I believe gentlemen who are acquainted with Dr. Burt, of Vernon, all speak in his praise, but he has no connection with the Insane Hospital. I hope the matter will rest where it is. But I am not offering an apology for the condition of things as charged upon the management of the Insane Asylum. If there is anything wrong there I know the committee will investigate it thoroughly, and show where the wrong is, and we have the power at any time to correct it; and I pledge myself if anything may be found wrong to vote to correct it.
Mr. MILLIGAN. I offer the following:
Resolved, That a committee of five be appointed by the President to investigate the charges, if any, against officers of our Benevolent Institutions.
Mr. CUMBACK. I shall oppose the passage of the resolution until some charges are made directly. It seems to me we have no time to spend in investigations unless there is something tangible to take hold of. Without meaning any disrespect to the gentleman, I move that the resolution be laid on the table.
Mr. CRAVENS. I desire to say that the suggestion I made was only to give any Senator who had any charges to make an opportunity to make them on the floor of the Senate, so that if there was anything in them, we might retrace our steps at once. I have heard no charges made against any of the individuals we have elected, and while I am willing to have my friend's resolution adopted, I am opposed to raising so many special committees. It interferes with the appropriate committees of the body, and I would prefer to see the resolution referred to the Committee on Benevolent Institutions.
Mr. HANNA. It strikes me, injustice to these very gentlemen, these charges, which have been preferred - vaguely, I admit - should be investigated, for it will give them an opportunity to explain; and everybody would be satisfied then. It is a hard thing to have charges preferred without an opportunity to refute them.
The motion to lay the resolution on the table was rejected by yeas 19, nays 21.On motion by Mr. CRAVENS, the resolution was referred to the Committee on Benevolent Institutions, with instructions to inquire into and report with reference to the charges that have been made.
And then came a recess till 2 o'clock.
AFTERNOON SESSION.
A message from the House announced the passage by that body of the bill [H. R. 3] fixing the time of holding the Court of Common Pleas in the 8th District; and of a concurrent resolution for a joint convention this afternoon at 3 o'clock for the election of Trustees of the Benevolent Institutions; and that the House had concurred in the Senate's resolution, authorizing a joint Committee on organization of Courts of Justice.
On motion by Mr. OYLER the bill indicated in this message was taken up and read the first time.
Mr. OYLER. By some mistake at the last session of the General Assembly, in the engrossing of the bill fixing the time for holding of these courts, the time fixed in the counties of Shelby and on the same day - both being in the District - and this bill is to correct error and for no other purpose at move that the rules be suspended an bill read the second time now.
The motion was agreed to - yeas, 38;I page: 61[View Page 61] nays 0and the bill was read the second time.
On motion by Mr. MASON the constitutional provision was suspended - yeas, 41; nays 0 - and the bill was read the third time and finally passed by yeas, 40; nays 0.
Mr. MILLIGAN obtained leave for Mr. Reynolds to record his vote in favor of the joint resolution [S. 1] ratifying the Constitutional Amendment.
WORK FOR COMMITTEES.
The following described Senate bills, introduced yesterday, were read by title only and referred to appropriate committees:
Mr. Bonham's, 7th Judicial Circuit [42], to the Committee on Organization of Courts.
Mr. Parrish's, amending the road law [43]: Mr Oyler's, amending the election law [44 and 48], to the Judiciary Committee.
Mr. Thompson's, school of reform [45], to the Joint Committee on Houses of Refuge.
Mr. Richmond's, assisting manufacturing establishments [47] to the Committee on County and Township Business.
The joint resolution [S. 3] declaring the State to be under martial law at the time of the Milligan, Horsey and Bowles trials, [printed in full in yesterday's proceedings] being read the second time -
Mr. HANNA moved its reference to the Judiciary Committee.Mr. BONHAM moved to amend by referring the joint resolution to the Committee on Military Affairs.
Mr. HANNA. I hope our friends won't make a mockery of this question It ought to be investigated properly and with great caution and care. It gentlemen desire to go upon the record on a question like this, I want them to go upon the record with the opinion of the Judiciary Committee before them.
On his motion, the motion for reference to the Military Committee was laid on the table by yeas 28, nays 16.
Mr. CHURCH moved to amend the motion by referring the joint resolution to the Committee on Rights and Privileges of the Inhabitants of this State.
Mr. HANNA. If gentlemen want to make a mockery of this matter, it is all right enough, but I don't regard it in that way. I want to meet this question fairly. The Judiciary Committee of this Senate is one of very high character - gentlemen of eminent attainments are members of it - and I would like to have their views on this question.
Mr. BONHAM. I was not intending to make a mockery of this, for I regarded the Military Committee as the proper one to which the resolution should be referred. It is a military matter - clearly so. I was not desiring to make a mockery of it at all, and do not consider myself obnoxious to the charge.
Mr. HANNA. I think I understand the question; and I undertake to say now that it is an attempt to attack the Supreme Court of the United States.
Mr. OYLER. I suppose this resolution was introduced in good faith, and it ought to be treated with due courtesy and proper respect. I consider the proper committee for its reference is the Judiciary Committee.
Mr. CHURCH. I withdraw the motion I made.
The motion to refer the joint resolution to the Judiciary Committee was agreed to by consent.
On motion, by Mr. CRAVENS, it was
Resolved, That when the Senate adjourns, it adjourn to meet on Monday next, at two o'clock P. M.
Mr. HOWK asked and obtained leave of absence for Mr. Smith till Tuesday.
Mr. REAGAN offered a resolution, which was adopted, authorizing a committee of three to determine the amount of mileage due each Senator.
And then the Senate adjourned.
