THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
WEDNESDAY, January 20, 1869.The Senate met at ten o'clock a. m.--the lieutenant Governor in the Chair.
The Secretary's journal of yesterday was read.
The LIEUTENANT GOVERNOR laid, before the Senate several memorials on the subject of the consolidation and combination of railroads in this State, with those of other States, praying for legal interposition against this evil.
They were referred to the Committee on Corporations.
He also laid before the Senate the State Librarian's report, which was ordered printed two hundred copies.
A message was received from the House of Representatives announcing the vote of that body on yesterday for United States Senator.
PETITIONS.
Mr. SCOTT presented a memorial from Vigo county, praying for a law for the education of colored children in separate schools.
It was referred to the Committee on Education.
Mr. KINLEY presented a memorial from the yearly meeting of the Society of Friends, remarking that as the Society of Friends comprised a population of some ten thousand five hundred in this State, it is worthy of consideration.
The memorial reads as follows:
To the Senate and House of Representatives of Indiana:
The Memorial of Indiana Yearly Meeting of the Religious Society of Friends, by their Representative Meeting, held in Richmond, on the Fourth of Eleventh Month, 1868, respectfully represents;
That, as a religious body, we accept, as simple truth, the declaration of the Holy Scriptures, that, God "hath made of one blood ail nations of men, for to dwell upon all the face of the earth;" (Acts 16--25) and that "God is no respecter of persons, but in every nation, he that feareth Him and worketh righteousness is acceptable with Him." (Acts 34--5.)
As citizens, we have unhesiiatingly accepted, as true, the sentiments contained in the Declaration of Independence and reiterated in our State Constitution: "That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness;" therefore, we believe, all those clauses in our State Constitution which discriminates between whites and those of our citizens who are denominated negroes and mulattoes, are contrary to the great principles which lie at the foundation of our government, and at variance with the revealed will of God; and we respectfully request the Legislature to take immediate steps, in accordance with the method prescribed by the Constitution to expunge all such articles therefrom.
Recent events have shown that our colored citizens are eminently loyal, that they appreciate our excellent government; and that they are willing to make any sacrifice to sustain it.
The abolition of slavery, the enactment of the Civil Rights bill, and the nullification of the thirteenth article of the Constitution of Indiana, forcibly illustrates the change and changing sentiment concerning this class of our fellow citizens. They have become a great power, both in society and in the State; and every consideration of justice and policy demands that they be educated, and thus elevated to a higher platform.
It is, therefore, in accordance with what we believe to be our duty, as Christian citizens, to respectfully, but earnestly, ask the Legislature to so amend our school law, as to extend its requirements and benefits to the colored people of the State.
Not only is it unjust and impolitic to deprive them of the benefits of the School Fund, but it is also, we submit, clearly in violation both of the spirit and letter of our State Constitution.
Article 1st, Section 23d, of the Constitution is as follows: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which upon the same terms, shall not equally belong to all citizens."
And the Congressional Civil Rights bill says: "All persons in the United States, and not subject to any page: 146[View Page 146] foreign power, excluding Indians, not tamed, are hereby declared citizens of the United States."
Again, the Constitution declares in unmistakable language, that it is the duty of the State to provide for the education of all classes of the community.
Article 8th, Section 1st, is as follows: "Knowledge and learning generally diffused throughout a community, being essential to the preservation of a free Government, it shall be the duty of the General Assembly, to encourage, by all suitable means, moral, intellectual scientific and agricultural improvements; and to provide by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.
If the Schools are to be "equally open to all," how can any class be constitutionally excluded?
Again; more than two and one-fourth millions of dollars of the School Fund of this State, arose from the proceeds of the Sixteeth Section of land in each of the Congressional Townships of the State, set apart for School purposes by Congress, in 1816. In that enactment are the following wrords: "The Section numbered sixteen, in every Township, and, when such has been sold granted, or disposed of, other land equivalent thereto, and most contiguous to the same shall be granted to the inhabitants of such Township for the use of schools."
Is it not clear, then, that every colored child, resident of the State, being an "inhabitant" of some one of the Congressional townships, is entitled to iis pro rata of the Congressional'revenue of that township?
These cousiderations are respectfully presented for your careful deliberation and action, with the prayer that divine wisdom may guide and direct you in all your actions as Legislators for our highly favored State.
Signed on behalf and by the direction of the meeting.
LEVI JESUP, Clerk.
It was referred to the Committee on Education.
Mr. CAVEN presented a petition from a committee of citizens of Indianapolis, praying for a change in the common school laws, so that when forty or more desire it, in any one neighborhood, the German language shall be taught.
It was referred to the Committee on Education.
Mr. HADLEY presented the following memorial of the Representative Meeting of Western Yearly Meeting of the Religious Society of Friends, for Southern and Western Indiana, and Eastern Illinois, held at Plain-field, Hendricks county, Indiana, the 29th of Twelfth Month, 1868, on behalf of the rights of colored citizens:
To the Senate and House of Representatives of Indiana:
We would respectfully represent that inasmuch as the virtue, morality and happiness of the people, as well as the permanency and prosperity of our Government, very greatly depend upon the general intelligence and common equality of all classes of citizens, before the law, it becomes the duty of the State to provide for their general education:
AND WHEREAS, According to the 12th section of the existing school law, approved March 6, 1366, the whole colored population of this State are held liable to assessment for special school revenue for building, furnishing and repairing school houses and providing fuel; and by an act to authorize township trustees, trustees of incorporated towns, and the common council of cities to levy a tax for school purposes, approved March 7, 1867; and also an act to authorize cities and towns to negotiate and sell bonds to procure means with which to erect and complete unfinished school buildings and pay debts contracted for the erection of such buildings, and authorizing the levy and collection of an additional special school tax for the payment of principal and interest of such bonds, approved March 11, 1867, while at the same time, the children of the colored people are not allowed the benefit of public instruction.
In view of these facts, and of our acconntability to Him who "hath made of one blood all nations of men," we do respectfully ask you to amend our statutes so that they shall extend the benefits of the Common School Fund equally to all classes of our fellow citizens.
And further, that you would take measures to repeal all laws, whether constitutional or statute, that make an invidious distinction in citizenship.
By direction of the meeting,
JOHN NEWLIN, Clerk.
It was referred to the Committee on Education.
By consent, Mr. WOLCOTT, from the Com-mittee on Finance, returned the bill of the House [32] making an appropriation of seventy-uve thousand dollars for expenses of this General Assembly, recommending its passage because many members are anxious that it shall pass, though it is defective in not making provisions for the pay of committee clerks and clerks of the State Librarian.
On his further motion the rules were suspended--yeas 43, nays 0--and the bill was read the third time.
Mr. HUGHES moved to amend by striking out the word "five," wherever it occured before the word "dollars" and insert "three," He disliked to retard the progress of the bill at this time but believed the pay to some of the clerks too high. He knew one man who has just been elected to the office of County Treasurer, the most lucrative office in the county, but he had come here and obtained a clerkship.
The PRESIDENT (Mr. Robinson of Madison, in the chair,) ruled this motion out of order, as the bill had passed its third reading, and was now upon its passage.
The roll being called the bill finally passed by yeas 30, nays 17.
[A message from the House announced the passage by that body of a concurrent resolution for a joint convention of the two Houses at noon this day for the purpose of going into an election of United States Senator.]
Mr. HUGHES and Mr. CARSON stated that they voted against the bill just pass-sed, because the compensation to certain clerks or employes therein embraced, was too high. Mr. Hughes said there was a Senate bill on the subject which suited his views better.
Mr. LASSELLE voted for the bill under protest--hoping that its objects may be remedied by a subsequent general act.
Mr. TURNER also voted for the bill under protest.
Mr. RICE presented a petition praying for page: 147[View Page 147] the repeal of the act on the subject of gravel roads.
It was referred to the Committee on Corporations.
ELECTION OF UNITED STATES SENATOR.
Mr. CRAVENS called up the message from House for a joint convention to-day at high noon.
Mr. HUGHES did not understand the necessity for this resolution. He was especially at a loss to understand what was meant by the last clause. We have a law of Congress governing the matter, which provides that we shall go into joint session at twelve o'clock today, and take at least one ballot for Senator. He thought the resolution obscure and mysterious, and it was unnecessary to pass it.
Mr. BELLAMY thought it proper for the House to invite the Senate to their Hall and hoped that part of the resolution would be concurred in.
Mr. CRAVENS was of opinion the resolution meant simply that we should meet in pursuance of an act of Congress; but it was unecessary as he viewed it. It would be courtesy to take some notice of it--he was not prepared to say what that notice should be.
Mr. HUGHES supposed there was nothing more in the resolution than matter of form. This will be the first joint convention ever held in this State under the law, and it is proper that the precedent should be carefully laid down. As a matter of duty the two Houses go into a joint convention. The result proceeds the joint convention, and if there was no disagreement the joint convention would have no duty to perform, as he understood it. Then there is nothing to compare, lie moved to lay the resolution on the table.
The motion was agreed to.
Mr. HUGHES then offered a concurrent resolution that both branches of the General Assembly meet at noon to-day, in obedience to the law of Congress to cast the votes separately given for a Senator in Congress on the second Tuesday after the convening of the Legislature.
Mr. CHURCH called for the reading of the act of Congress.
It was read by the Secretary as follows:
Each House shall openly, by viva voce vote of each member present, name one person for Senator in Congress from said State, and the name of the person voted for, who shall have a majority in the whole number of votes cast in each House, shall be entered in the journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give a majorit for any person on said day, that shall be entered in the journal. At twelve o'clock, meridian on the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States, but if the same person shall not have received a majority of the votes in the House or if either House shall have failed to take proceedings as requirsd by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.
SECTION 2. And be it further enacted, That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the*Senate of the United States, said Legislature shall proceed on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy in the manner herein prescribed for the election of a Senator for a full term, or, if a vacancy shall occur during the session of the Legislature, then, on the second Tuesday after the Legislature shall have been organized, and shall have notice of such vacancy.
SECTION 3. And be it further enacted, That it shall be the duty of the Governor of the State from which any Senator shall have been chosen, as aforesaid, to certify his election, under the seal of the State, to the President of the United States, which certificate shall be countersigned by the Secretary of State of said State.
Approved July 25, 1866.
Mr. HUGHES then modified his resolution so as it shall read that members of the Senate meet with members of the House, in the Hall of the House at noon this day, and take such action as is required by the act of Congress of July 25,1866.
The resolution was adopted.
Mr. JOHNSTON of Montgomery, noticed by the reading of the journal that the Committee on Claims had been authorized by the action of the Senate on yesterday to employ a clerk. He had not noticed the action at the time, but had doubtless voted for the resolution, supposing the authority given to another committee. As a member of that committee he had not been informed that any such action was intended, and was sure that the committee did not now need a clerk. He moved to reconsider the vote of yesterday authorizing a clerk for the Committee on Claims. He was satisfied the committee does not need a clerk, and denied the right of a chairman to ask for a clerk without the consent of the committee.
The motion was agreed to by yeas 44, nays 1.
On motion by Mr. JOHNSTON, the resolution was laid on the table.
Mr. HUGHES rising to a privilege motion offered the following resolution.
RESOLVED, That the Senate proceed instanter to elect a President of the Senate pro tempore, to preside during the pending election for United States Senator, and during the pendency of any question which may arise during the session wherein the Lieutenant Governor may be interested, and also during his absence.
The PRESIDENT pro tem. (Mr. Robinson of Madison, in the chair,) directed the Secretary to read the following letter from the page: 148[View Page 148] Lieutenant Governor, and he called the Senator from Wabash [Mr. Fisher] to the chair.
SENATE CHAMBER, Jan. 20, 1869.
HON. M. S. ROBINSON, Senator from Madison Co.:
SIR--As my name will be before the Joint Convention of the General Assembly as a candidate, I request that you will take my place as presiding officer of the Senate for the day. Yours,
WILL. CUMBACK. President of the Senate.
Mr. HUGHES demanded the previous question, on the adoption of his resolution.
The demand was seconded by the Senate, and the resolution was adopted by yeas 30, nays 17, as follows:
YEAS--Messrs. Beardsley, Bird, Bradley, Carson, Cravens, Denbo, Fisher, Fosdick, Gifford, Hanna, Henderson, Hess, Hooper, Howk, Huey, Huffman, Hughes, Humphreys, Johnston of Montgomery, Kinley, Lasselle, Lee, Morgan, Reynolds, Scott, Sherrod, Smith, Stein, Turner and Wolcott--30.
NAYS--Messrs. Andrews, Armstrong, Bellamy, Case, Caven, Church, Colley, Elliott, Gray, Green, Hadley, Houghton, Jaquess, Johnson of Spencer, Rice, Robinson of Decatur and Wood--17.
Mr. ROBINSON of Madison, was excused from voting.
The PRESIDENT pro tem [Mr. Fisher,] stated that by the terms of the resolution just adopted, nominations for President pro tem, of the Senate were in order.
Mr. HOOPER. I place in nomination Hon. John E. Cravens, of Jefferson County.
Mr. GRAY. I place in nomination Mr. Bellamy, of Switzerland County.
There being no other nominations made--
The roll was called, and the ballot resulted as follows:
For Mr. Cravens, 36.
For Mr. Bellamy 11.
Those who voted for Mr. Cravens were--
Messrs. Andrews, Armstrong, Beardsley, Bird, Bradley, Carson, Case, Colley, Denbo, Elliott, Fisher, Fosdick, Gifford, Green, Hanna, Henderson, Hooper, Houghton, Howk, Huey, Huffman, Hughes, Humphreys, Johnson of Spener, Johnston of Montgomery, Kindley, Lasselle, Lee, Morgan, Reynolds, Robinson of Decatur, Scott, Sherrod, Stein, Turner, and Wolcott--36.
Those who voted for Mr. Bellamy were
Messrs. Caven, Church, Gray, Hadley, Hamilton, Hess, Jaquess, Rice, Robinson of Madison, Smith and, Wood--11.
The PRESIDENT pro tem. Mr. Cravens having received a majority of all the votes cast, I declare him duly elected President pro tem. during the session.
Mr. HUGHES moved that the House be informed at once of this election.
The motion was agreed to.
The PRESIDENT pro tem. designated Senators Green and Gray as a committee to conduct the President pro tem. elect to the chair.
Mr. CRAVENS suggested that it would be better to wait for a response from the House, And he thought it very proper at this time to state that the resolution just passed does not deprive the Lieutenant Governor of any jurisdiction, but that on the contrary he has the right, if he so desires, to act as President of the body, even pending the decision of the case referred to in the resolution.
REPORTS FROM COMMITTEES.
Mr. GIFFORD, from the Committee on County and Township Business, returned the bill [S. 4] regarding uniformity of text books in the common schools, recommending that it lie on the table.
The report was concurred in.
Mr. CARSON, from the committee thereon, returned the bill, [H. R.1] fixing the time and terms of courts in the twentieth judicial district, recommending its passage.
The report was concurred in.
Reports from the Normal school and from the Superintendent of Public Instruction wen laid before the Senate, and referred to the Committee on Education.
RESOLUTIONS.
Mr. CARSON introduced a joint resolution, [S. 3.] reciting that whereas, the bark Torrent, bound for Alaska with battery F, United States Artillery, to establish a fort, was wrecked on the 15th of July, 1868, whereby officers and men lost their baggage; therefore,
Resolved, That our Senators be instructed, and our Representatives requested, to inquire into the losses sustained, and take proper measures to repair such losses.
Mr. CARSON, in offering the joint resolution, said that a son of Senator Gifford was a member of the artillery company referred to and came back to his father with a very interesting account of his voyage and a description of the coast so far as they visited it. He would like to have that portion of the communication read. The men and officers of the battery lost all they had, and he suggested the idea of calling the attention of the genera Government to their losses that some reparation may be made.
The resolution was read and passed the Senate by yeas 42, nays 4.
Mr. CRAVENS, by request of a number of persons, offered a concurrent resolution, which was adopted, authorizing a joint committee of four Representatives and three Senators to take into consideration the expediency of erecting a Gubernatorial mansion.
BILLS FOR ACTS.
Were introduced, read the first time, and appropriately referred to Committees, to-wit:
By Mr. WOLCOTT, [S. 71] to establish the rate of compensation of the Superintendent page: 149[View Page 149] of Public Instruction [two thousand five hundred dollars a year.]
It was referred to the Committee on Expenditures.
By Mr. GRAY, [S. 72] to amend section eighteen of an act regulating descents and apportionment of estates, approved May 14,1852.
It was referred to the Committee on the Judiciary.
By Mr. Beardsley, [S. 73] amending an act mend an act of March 9, 1861 amending three hundred and fifty-second section of general practice act.
It was referred to the Committee on the Judiciary.
The LIEUTENANT GOVERNOR. As time has nearly arrived for the joint convention, I request the Senator from Jefferson [Mr. Cravens] to take the chair.
The President pro tem. in the chair
By Mr. LASELLE, [S. 74] to enable incorporated cities to aid in the construction of railroads.
It was referred to the Committee on Corporations.
By Mr. HESS, [S. 75] to protect citizens from empiricism, and to elevate the standard of the medical profession.
It was referred to the Committee on Rights and Privileges.
By Mr. HOOPER, [S. 76] authorizing towns and townships to aid in the construction of railroads.
It was referred to the Committee on Corporations.
The hour of twelve o'clock having arrived, the members of the Senate repaired to the Ball of the House, in pursuance of a resolution passed this morning, and in compliance with an act of Congress, to proceed in the matter of an election of a Senator from Indiana in the National Legislature.
When the Senators returned to their chamber, the Senate took a recess till two o'clock p. m.
AFTERNOON SESSION.
The Senate was called to order at two o'clock by the President pro tem.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, viz:
[The Lieutenant Governor in the chair.]
By Mr. BRADLEY, [S. 77] an act to amend the fifty-third section of an act entitled "an act for the incorporation of towns, defining their powers, providing for the election of the officers thereof, and declaring their duties," passed June 11, 1852.
By Mr. LASSELLE, [S. 78] a bill to repeal section eighteen of an act entitled "an act regulating decents and the apportionment of estates," approved May 14, 1852.
HOUSE BILLS REFERRED.
Messages from the House coming up in the order of the day.
The bill [H. R. 14] amending section three of an act regulating interest on judgments and decrees for money, etc., (not exceeding ten per cent in writing,) was read the first time and referred to the Judiciary Committee.
The bill (H. R. 7) authorizing foreign guardians to take, sue for, or receipt for personal property, or assets of their wards in this State, was read the first time and referred to the Committee on the Judiciary.
THE REDEMPTION LAW.
The bill [S. 10] to repeal an act for the redemption of real property sold on execution, or redemption of sale, etc., approved June 4, 1861, was read the third time.
Mr. GREEN said there was a light house,and as this is an important bill he would rather see it postponed for the present.
Mr. FISHER said it simply repealed a plain law passed to meet certain extremities then existing on the southern border of the State. The only reason then given for the passage of the bill was that creditors in Kentucky would sell out all the real estate in that portion of the State to pay existing debts. The bill was deliberated on and discussed freely. The purpose then was to have an effect and give relief in that locality and no other. The necessity that existed for the passage of that bill at that time has passed away, and the act should now be repealed.
Mr. SCOTT moved to refer the bill to the Committee on the Judiciary.
Mr. HUMPHREYS introduced the bill at the request of Attorneys in the part of the State where he lived, who informed him, as the Senator from Wabash (Mr. Fisher) has stated, that the act sought to be repealed was passed to meet a certain emergency existing at the time. But as its object has been accomplished it is now a great hindrance in the way of the collection of debts. On the foreclosure of mortgages no person will bid for the property, the debt is uncollected, costs are heaped upon the parties, and no good results from it.
Mr. BRADLEY. It occurs to me that this bill should not pass. The law proposed to be repealed by it was enacted as a measure of relief, and it seems to me it has had a salutary effect. Instead of repealing the law, it seems to me that by amending it we would accomplish everything we desire. The law sought to be repealed provides that the debtor shall have one year to redeem property after the sale page: 150[View Page 150] on execution, by paying ten per cent., and on failure to redeem shall be accountable for the rents and profits during that period. It occurs to me that by amending that law and making the rents secure, the creditor can afford to wait one year for his money. Instead of repealing it we ought to amend it.
Mr. JOHNSON of Spencer. The provision of this bill as it has heretofore been on the statute book has proved a great hindrance in the collection of debts in our section. I have been spoken to by almost every attorney there to see that such a bill was passed at this session of the Legislature. A great proportion of property sold on execution by the sheriff is town property, and under the provisions of the law the owner can retain possession of that property for one year and then redeem it by paying ten per cent. Fires frequently happen and hardly any person will purchase property offered by the sheriff for sale. I believe the people want just such a bill passed as the one before this body now.
Mr. SCOTT. There never was a time within my knowledge when a relief law was more applicable than at present. There always will be a class of persons opposed to relief laws. I can very well see why the lawyer should be opposed to it, and can very well see why a man in failing circumstances should be very much in favor of it. And a time when money is be coming closer every day, is no time to repeal laws. I admit it would be in favor of the banker, that it would be in favor of the attorney and that it would be in favor of the man that has plenty of money, but the great body of the people are in favor of the continuance of this law. Therefore I insist on my motion to refer it.
Mr. FISHER. It is a very great question whether that law is a relief law at all--whether it does not operate injuriously instead of beneficially to the debtor class. What is the effect of that law? When property is sold the judgmentplantiff almost invariably becomes the purchaser and at the expiration of one year he must bring suit of ejectment perhaps, and that may be prolonged for another year. Now a man having money to loan what does he do with it? He would loan it for one year, but at the expiration of the year he wishes to use it. Will he loan it upon a mortgage? most certainly not, although he can get ten per cent. But instead he deposits it with a banker, and the banker loans it at twelve and up to fifteen or eighteen per cent., not to those most needy, but upon gilt edged paper, as the banker calls it. The banker pays the depositor but six or four per cent., and loans it at twelve, fifteen or eighteen per cent. If this money could be collected promptly with ten per cent, interest, thousands and hundreds of thousands of dollars which now find their way into the banks in the shape of deposits would be loaned upon real estate mortgage. The Senator from Vigo [Mr. Scott] speaks of hard times, and one great a of that is the bad character of our laws for collection of debts. I have no objection to the reference of this bill to a committee, but it poses a plain question, and I suppose the Senators are as well prepared to vote now as it will be at any other time.
Mr. STEIN. I believe for the last twenty years, with the exception of the law sought to be repealed, there has been but one enact for the protection of the debtor class in this State. I allude to that law which requires it estate to be sold for two-thirds of its appraised value. In 1861, under peculiar circumstance this law was passed, and I think it a fortunate thing for the citizens of Indiana. Mr. Stein recited its provisions, and spoke of its beneficial operations. The debtor class being in a very large majority, he was not disposed to take away from them a desirable privilege. Hardly a young man went into business but was more or less in debt; and it seems like attempting to take away from them a very necessary prestige and protection in the repeal of this law, which is in the nature somewhat of a homestead law. We have passed for the benefit of creditors a law which permits an interest of ten per cent. on contracts and loans, and by a decision of the Supreme Court a man may be compelled to pay all the attorneys fees in the collection of the debts. He understood this latter clause was now inserted in many promissory notes. This redemption law as it now stands the judgment to be tried in the property of the defendant at a fair value, for he faces the probability of a redemption. He was in favor the law as it is on the statutes.
Mr. GREEN, for the reasons just given, was also decidedly opposed to the repeal of this law although its repeal would be advantageous to himself, personally. He would like to see amended, however, in several particulars; an consequently favored the motion to refer.
Mr. CHURCH, in order that the bill might be amended, would like to see it referred for that purpose. He had had some experience in connection with the law, but it was chiefly on the side of the creditor, he had met but one man who desired its repeal, and his objection was, that the debtor might hold the property without giving any security for the rent and profits. The amendment of the from Laporte would obviate this difficulty, was not sure but the Supreme Court hold it unconstitutional, so far as it related to debts contracted under the present law. were able to sell property in his county under this law, and if nobody else comes up, the creditor buys it. He was not certain, but believed it corresponded with like laws in other States and believed that public opinion was tending page: 151[View Page 151] toward well guarded redemption laws, and that the repeal of this one would be a step backward. He thought it ought to be referred to the committee and such amendments made as will meet the requirements of the case.
It was so referred.
The motion to refer was agreed to.
Mr. CRAVENS offerred a resolution which was adopted, that when the Senate adjourned it adjourn till 10 o'clock to-morrow morning.
And then--
The Senate adjourned.
