IN SENATE.
THURSDAY, January 7,1869.Conformably to a provision of the State Constitution, the Senate of the Forty-Sixth General Assembly, of the State of Indiana, convened in the Senate Chamber of the Capitol, in the City of Indianapolis, this day, at 10 o'clock, a. m., and was called to order by O. M. Wilson, Esqr., Secretary of the last session.
The following named Senators holding over, answered to their names:
SENATORS HOLDING OVER.
- From the counties of Posey and Gibson--Thomas
- From the counties of Warrick and Spencer--S. F. Johnson.
- From the counties of Knox and Daviess--W. S. Turner.
- From the counties of Pike, Dubois and Martin--Aaron Houghton.
- From the counties of Perry, Orange and Crawford--William F. Sherrod.
- From the counties of Jackson and Brown--William Taggart.
- From the counties of Floyd and Clarke--George V. Howk.
- From the counties of Ripley and Switzerland--F. J. Bellamy.
- From the counties of Dearborn and Ohio--Elijah Huffman.
- From the county of Jefferson--John R. Cravens.
- From the counties of Bartholomew and Shelby--Thomas G. Lee.
- From the counties of Owen and Greene--John Humphreys.
- From the counties of Parke and Vermillion--Thos N. Rice.
- From the counties of Madison and Delaware--M. S. Robinson.
- From the counties of Carroll and Howard--F. G. Armstrong.
- From the county of Franklin--Thomas Gifford.
- From the county of Tippecanoe--John A. Stein.
- From the county of Wayne--Isaac Kinley.
- From the county of Allen--William W. Carson.
- From the counties of Benton, White, Pulaski, Jasper and Newton--Anson Wolcott.
- From the counties of St. Joseph and Marshall--John Reynolds.
- From the counties of Lake and Porter--Firman Church.
- From the counties of Grant, Blackford and Jay--Robert Huey.
- From the counties of Huntington and Wells--Wilson Smith.
The following named Senators elect appeared, presented credentials, and were sworn into office by Judge James S. Frazier, of the Supreme Court of the State of Indiana.
SENATORS ELECT.
- From the counties of Miami and Wabash--Stearns Fisher.
- From the County of Vanderburgh--Daniel Morgan.
- From the counties of Lawrence and Monroe--James Hughes.
- From the counties of Washington and Harrison George W. Denbo.
- From the counties of Fayette and Union--James Elliott.
- From the counties of Rush and Decatur--W. J. Robinson.
- From the counties of Morgan and Johnson--E. Henderson.
- From the counties of Putnam and Hendricks--John V. Hadley.
- From the county of Montgomery--Archibald Johnston.
- From the counties of Clinton and Boone--Thos. H. Hamilton.
- From the county of Marion--John Caven and Sims A. Colley.
- From the counties of Henry and Hancock--Luther W. Hess.
- From the county of Randolph--Isaac P. Gray.
- From the county of Vigo--Harvey D. Scott.
- From the counties of Hamilton and Tipton--John Green.
- From the counties of Cass and Fulton--Charles B. Lasselle.
- From the counties of Laporte and Starke--James, Bradley.
- From the county of Elkhart--James R. Beardsley.
- From the counties of Kosciusko and Whitley--A. Y. Hooper.
- From the counties of Adams and Allen--Ochmig Bird.
- From the counties of Noble and Lagrange--Abner S. Case.
- From the counties of DeKalb and Steuben--B. W. Fosdick.
- From the counties of Scott and Jennings--Alanson Andrews.
- From the counties of Fountain and Warren--S. F. Wood.
ELECTION OF PRESIDENT PRO TEMPORE.
The Secretary announced that nominations for President pro tem., of the Senate would be in order.
Mr. BELLAMY nominated Hon. John K. Cravens, of Jefferson county.
Mr. BIRD nominated Hon. Archie Johnston, of Montgomery county.
There being no other nominations--
The Secretary requested Messrs. Jaquess and Turner to act as tellers, and then proceeded with the call of the roll.
The ballot resulted--for Mr. Cravens 30, for Mr. Johnston 16--as follows:
Those who voted for Mr. Cravens were--
Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Cavin, Church, Colley, Elliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Houghton, Hughes, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood--30.
Those who voted for Mr. Johnston were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Henderson, Howk, Huey, Huffman, Humphreys, Lasselle, Lee, Sherrod, Smith, Taggart and Turner--16.
Mr. Cravens having received a majority of all the votes cast was declared duly elected President of the Senate pro tem.
Messrs. Bird and Wolcott having conducted Mr. Cravens to the chair, he said:
Gentlemen of the Senate: In the exercise of your discretion, you have chosen me as the presiding officer of the Senate during its organization and for a very brief period over its deliberations afterward. It is but just to you that I should assure you that I fully appreciate the honor you have bestowed upon me. It is also due to myself to say that I as fully appreciate the labor and responsibility inseparately connected with that honor, and the best acknowledgement any one so situated could make is a faithful and efficient discharge of the duties.
It would hardly be proper for me to indulge in any extended remarks on this occasion; but I may venture the assertion that much, very much, is expected of this General Assembly by the people. Our situation is now very different from what it was a short time ago. The dangers of war have passsed away, but we have precipitated upon the country the perils of peace immediately succeeding war, and those perils are often times as difficult of adjustment, if not as dangerous as war itself. The upheavings of a mighty rebellion have handed over to the people moral and political questions of the most complicated character. The demands of the times are imperative; and among the suggestions of the hour no one is entitled to more earnest and immediate consideration than the duty, the necessity, for the most rigid and prudent economy in the public expenditures. The people demand at our hands the most prudent and practical legislation--legislation that has for its object the public good, in the development of our resources and the encouragement of all industrial interests; and the people will not tolerate legislation of an experimental, equivocal or questionable character. They also demand of us that, in the selection of public agents, with whom are to be entrusted the general welfare, the honor and dignity of the State, that none but citizens of unquestioned integrity, known capacity, and spotless honor shall be chosen, It is no time for the political adventurer, the charlatan or the trickster. It is too true that integrity is far more rare than talent, and for this reason we are the more solemnly charged with the exercise of the highest discretion in bestowing the public dignities. This much I have thought proper to say in entering upon the duties of this office, and I will now give way in order that you may proceed in perfecting the organization of the Senate.
ELECTION OF SECRETARIES AND DOORKEEPER.
Nominations for Principal Secretary of the Senate being in order--
Mr. STEIN nominated O. M. Wilson, of Marion county.
Mr. SHERROD nominated William Mack, of Vigo county.
There being no other nominations, the roll was called, with the following result:
Those who voted for Mr. Wilson were--
Messrs, Andrews, Armstrong, Beardsley, Bellamy, Case, Caven, Church, Colley, Cravens,Elliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Houghton, Hughes, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood--31.
Those who voted for Mr. Mack were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Henderson, Howk, Huey, Huffman, Humphreys, Johnston of Montgomery, Lasselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--18.
Mr. O. M. Wilson having received a majority of all the votes cast, was declared duly elected Prinaipal Secretary of the Senate.
Nominations for Assistant Secretary of the Senate being in order--
Mr. KINLEY nominated William A. Bonham of Blackford county.
Mr. BIRD nominated Thomas Patterson of Montgomery county.
No other nominations being made, the ballot resulted as above, viz: For Mr. Bonham, 31. For Mr. Patterson, 18.
Mr. Bonham was declared duly elected Assistant Secretary of the Senate.
page: 17[View Page 17]Nominations for Doorkeeper being in order--
Mr. ROBINSON of Madison, nominated John F. Furnish, of Grant county.
Mr. DENBO nominated John E. Johnson, of Marion county.
No other nominations being made the ballot resulted as the vote for Secretaries viz.
For Mr. Furnish, 31. For Mr. Johnson, 18.
Mr. Furnish was declared duly elected.
The Secretary, Assistant Secretary and Doorkeeper elect came forward took the oath of office, at the hand of Judge Frazier, and entered upon the discharge of their respective duties.
CONTESTED ELECTION CASE.
Mr. JOHNSTON, of Montgomery, presented the credentials of Wm. H. Montgomery, Senator elect from the counties of Pike, Dubois and Martin.
Mr. JOHNSON, of Spencer, was of the opinion that we had a sitting Senator from that district now in his place.
Mr. STEIN moved to refer the paper back to the source from which it came.
Mr. JOHNSON, of Montgomery, stated that the sitting Senator accepted an appointment from the General Government, and consequently vacated his seat here. An election was ordered by the proper officers of these counties and the petitioner was duly elected.
The yeas and nays being demanded by Messrs. Johnston of Montgomery and Humphreys, Mr. Stein's motion was agreed to by yeas 29, nays 19, as follows:
YEAS--Messrs. Andrews, Armstrong, Bellamy, Case, Church, Colley, Cravens, Elicit, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Hughes, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur. Scott, Stein, Wollcott and Wood--29.
NAYS--Messrs. Bird, Bradley, Carson, Caven, Denbo, Gifford, Henderson, Howk, Huey, Huffman, Humphreys, Johnston of Montgomery, Laselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--29.
So the communication was ordered to be returned.
RESOLUTIONS.
Mr. HOOPER offered the following which was adopted :
RESOLVED, That the House be informed that the Senate has convened, formed a quorum, and organized by the election of Hon. John R. Cravens President, pro tem.; O. M. Wilson, Principal Secretary, W. A. Bonham Assistant Secretary, and John F, Furnish Doorkeeper, and that the Senate is now ready to proceed with Legislative business.
Mr. Jaquess offered the following which was adopted:
RESOLVED, That a Committee of three be appointed to whom the rules of the Senate be referred for revision and that the rules for the last session of the Senate be adopted until otherwise ordered by the Senate, and that said Committee be instructed to report to the Senate this afternoon.
Subsequently the President appointed Messrs Jaquess, Stein and Johnston, of Montgomery, said Committee.
Mr. JOHNSTON of Montgomery, offered the following, which was adopted.
RESOLVED, That the Doorkeeper be directed to place upon the desk of each Senator a copy of the rules of the last session of the Senate.
Mr. KINLEY offered the following resolution:
RESOLVED, That the Secretary of the Senate be instructed to request the Superintendent of the Soldiers' home to send us three intelligent, sprightly boys to act as pages of the Senate, informing him that they will receive three dollars a day for their services, and that the doorkeeper will procure good boarding places for them, and exercise a watchful care over their comforts and morals.
Mr. JOHNSTON of Montgomery, moved to strike out three dollars and insert two dollars per day.
Mr. KINLEY accepted the amendment.
Mr. RICE was unwilling to send to that institution and take from their studies the boys now so well provided for, and bring them to meet the immoral tendencies they would have to face in this city.
Mr. CHURCH held to the same views, and hoped the resolution would fail.
The resolution was rejected.
Mr. ARMSTRONG offered the following which was adopted:
RESOLVED, That the President of the Senate appoint a Committee of three Senators, to whom the Secretaries and door keepers shall report the names and duties required of all the assistants by them appointed: and it shall be the duty of said Committee to authorize the appointment of such assistants, only, as are needed, and to report the same to the Senate for its action; and no person shall draw pay for services as such assistant unless his employment be authorized by such Committee and approved by the Senate.
Subsequently the President appointed Messrs Armstrong, Bellamy, and Turner said Committee.
Mr. JAQUESS offered the following which was adopted:
RESOLVED, That a Committee of three be appointed to act with a similar Committee on the part of the House to invite some minister of the gospel to open the session of the General Assembly with prayer, immediately before the delivery of the Governor's message.
Subsequently the President appointed Messrs Jaquess, Kinley and Taggart said Committee, on the part of the Senate.
Mr. CHURCH offered the following which was adopted:
RESOLVED, That the State Librarian be authorized to furnish stationery for the use of the Senate, and, that the door keeper and each chairman of each Committee for the Committee, be authorized to draw such stationery as he may need from the Librarian upon his own order, not exceeding in value the sum of ten dollars, That the President of the
page: 18[View Page 18]Senate and each Senator be authorized to draw therefrom, upon his order, for his use, such stationery as he may need not exceeding in value forty dollars. That the Principal and Assistant Secretaries be authorized to draw from the State Librarian upon their own orders, such stationery as they may need in their respective departments.-- That the Librarian shall keep an account of all such stationery, and three days before the adjournment of the General Assembly he shall make a report to the Senate showing the whole amount of stationery used during the session, the amount in value drawn by each Senator and officer of the Senate; and for the purpose of carrying out the provisions of this resolution, the Librarian be authorized to employ a clerk.
Mr. STEIN offered the following which was adopted:
RESOLVED, That a Committee of two be appointed on the part of the Senate, to join such Committee as may be appointed on the part of the House to wait upon the Governor and inform his excellency that the General Assembly is duly organized, and is prepared to receive whatever messages he may desire to send or communicate to this General Assembly.
Subsequently the President appointed Messrs Stein and Howk, said Committee on the part of the Senate.
Mr. BELLAMY offered the following:
RESOLVED, That the State Librarian be instructed to place upon the desk of each Senator one copy of the Statutes of Indiana, (Gavin & Hord,) the acts of the regular session of 1865, Special Session of 1865, and the Regular Session of 1867; also, the Senate Journal and BREVIER REPORTS of the last session.
Mr. HOOPER moved to amend by adding these words:
For the use of Senators during the session, and that at the close of the session each Senator shall deposit said books with the State Librarian, to be carefully kept by him for the use of the Senate at each future session.
On motion by Mr. CHURCH the amendment was laid on the table.
Mr. WOLCOTT moved to amend so that copies of the Statutes be furnished to new members only.
On motion by Mr. JOHNSON of Spencer, the amendment was laid on the table.
The resolution was then adopted.
A message from the House informed the Senate that the House of Representatives has organized by the election of Hon. A. P. Stanton, of Marion county, as Speaker, W. M. Merwin, of Putnam county, Principal Clerk, John O. Hardesty, of Madison county, Assistant Clerk, and Thomas C. McConn, of Wabash county, Doorkeeper, and that the House is now ready to receive communications from the Senate.
On motion the Senate took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The Senate reassembled at two o'clock.
Leave of absence was granted to Mr. Case.
Mr. JOHNSTON of Montgomery, presented the following communication which was referred to the Committee on the Judiciary.
INDIANAPOLIS, Jan. 7, 1869.
To the Senate of Indiana:
The undersigned respectfully represents that Aaron Houghton, now claiming to represent the Senatorial District of said State composed of the counties of Dubois, Martin and Pike, did, on or about the first day of May, 1867, vacate the said office of Senator by then and there accepting another office, to-wit: Assistant Assessor of Internal Revenue of the United States for Division No 5 of the First Collection District of Indiana, and did then and there qualify as such Assistant Assessor, and from thence hath discharged the duties of said last named office.
And the undersigned further represents that at the general election in said State of Indiana, held on the 13th day of October, 1868, the undersigned was, by a majority of the qualified voters of said District, composed of said counties of Dubois, Martin and Pike, duly elected a Senator of said District, to fill the vacancy caused by the vacation of said office of Senator by the said Houghton in manner aforesaid, as will appear by his certificate of election filed herewith. Wherefore he prays that he may be permitted to take his seat as said Senator.
W. H. MONTGOMERY.
STATE OF INDIANA,
PIKE COUNTY.
We, John Crow, Sheriff of Pike county, Henry Montel, Sheriff of Dubois county, and Reuben MacCormac, Sheriff of Martin county, do hereby certify that we have compared the certificates delivered to us by the Clerks of Pike, Dubois and Martin counties of the election held on the 13th of October, 1868, for the purpose of electing, among other officers, a Joint Representative in the State Senate for said counties of Pike, Dubois and Martin, and Williom H. Montgomery having received the largest number of votes, is duly elected State Senator for said counties of Pike, Dubois and Martin.
In witness whereof, we have hereunto set our hands this 21st day of October, 1868. JOHN CROW, Sheriff Pike County. REINHART RICH. Deputy Sheriff Dubois County. WM. C. SANDERS, Deputy Sheriff Martin County.
STANDING RULES.
Mr. JAQUESS, from the Select committee on Standing Rules of the Senate, reported that they have had the same under investigation, and recommend the adoption of the original printed rules of the last session for the government of this, with the following ammendments:
Add to rule 16 the following sentence: "But page: 19[View Page 19] appearing afterward, he may, by permission, have his name called, and vote."
Add to rule 33 the following sentence: "The question pending on adjournment shall be resumed on re-assembling, unless otherwise ordered by the Senate."
In lieu of rule 37 insert the following: "All bills and joint resolutions, if not rejected on the first reading, shall be referred to a Standing or Select Committee, or a Committee of the Whole Senate. The reference shall be made by the President, unless otherwise ordered by the Senate."
In lieu of rule 38 insert the following rule: "When a bill or joint resolution is referred to a Committee of the Whole Senate, the Senate shall fix a day for its consideration."
The report was concurred in and the a-amendments adopted.
On motion, by Mr. STEIN, five hundred copies were ordered printed for the use of the Senate.
NEWSPAPERS.
Mr. JAQUESS offered the following reso-tion.
RESOLVED, That the Doorkeeper be instructed to contract for and place upon the desks of Senators three copies each of the Indianapolis Daily Journal, State Sentinel, Commercial, Mirror, and three copies of the Indiana Volksblatt and Daily Telegraph--two copies of each to be suitably wrapped and stamped for mailing; Provided, the same will publish a correct report of the proceedings of the Legislature.
On motion by Mr. CHURCH, the resolution was amended by striking out "three" German newspapers and inserting "two."
Mr. RICE moved ineffectually to amend by striking out all the newspapers except the Journal, Sentinel, and Volksblatt.
Mr. FISHER moved to amend so as to let the Doorkeeper contract for such papers as each Senator may select, limiting the number to a certain number of papers--six.
Mr. CHURCH had some Democratic constituents that are very fine fellows, outside of politics, and he thought it well to take the papers on both sides and send them home, etc., etc., etc.
Mr. FISHER was convinced by the remarks of the Senator and withdrew his motion.
Mr. HOOPER made an ineffectual motion to amend by striking out all the papers except the Journal and Sentinel.
The question recurring upon the adoption of the resolution as amended, it was then adopted.
APPOINTMENT OF STANDING COMMITTEES.
Mr. HUGHES offered the following:
Resolved, that the President of the Senate be and he hereby is requested and authorized to appoint the Standing Committees of the Senate, and to report the same as early as is practicable.
Mr. ROBINSON, of Madison, could see no reason for haste in this matter and preferred to wait for the inauguration of the Lieutenant Governor.
Mr. HUGHES claimed that the custom had been both ways. The usage of the Senate of United States has always been the appointment of standing committees by the body. This is simply a question whether the Senate will complete its organization now or wait a few days. The presumption is that the presiding officer, being elected by the Senate, has its confidence, and until he could be informed of some special reason why this matter should be postponed, he desired to see the resolution passed. If he had, in making the motion, any reference to the Lieutenant Governor at all, it would be a desire to relieve him from an embarrassing duty, especially as the Lieutenant Governor was a prominent candidate for the United States Senate and consequently desired the votes of the members of this body. The passage of the resolution would have the effect of expediting business, of shifting from the shoulders of the permanent presiding officer of the Senate, a very delicate duty. If the business of the Senate required as it clearly does its performance at once, it was easy to see, considering the interest to be harmonized, that the Lieutenant Governor elect would look upon the work of making selections for the standing committees, as a delicate task, and one not to be courted; and he thought, therefore, that Major Cumback's friends could not object to the passage of the resolution.
Mr. CHURCH thought this would be rather offering the Lieutenant Governor a left-handed insult. He knew not the motive for this motion. The business of this session does not require unusual haste, and it is not probable that the present presiding officer could perform the duty so well, yet he might do it better. He hoped the friends of Mr. Cumback could see something rash in the resolution and refuse to let it prevail. The resolution proposes such a departure from custom as to be worthy of some consideration. He had no consultation with Major Cumback, the Lieutenant Governor elect, and he had not himself thought sufficiently of the matter to determine as to the propriety of doing what the resolution proposed.
Mr. FISHER understood this to be a matter entirely in the control of the Senate. He thought that the President of the Senate could only constitute the committees on authority given by the Senate, and that the Senate might, if it chose, authorize the presiding officer to appoint the committees, but he could not as yet see the expediency of departing from the custom of the Senate.
Mr. RICE did not regard this question so much in the light of what is right as a matter page: 20[View Page 20] of prudence. If Major Cumback were a Democrat he should favor the resolution, because the majority here should run the business as they saw fit; but as the contrary is the case, there was no necessity for the resolution. If any Senator would say the Lieutenant Governor desired the passage of this resolution he would not object; but he would vote against the resolution on principles of expediency and courtesy.
Mr. HUGHES did not attach a great deal of importance to this matter, but as some allusion had been made to motives prompting the mover, he had risen more on that account than to discuss the main subject further. The motive of the mover of a motion, is a matter that the Senate has nothing to do with. It makes but little difference, in a parliamentary point of view, what are the motives of the mover of a resolution. He would however, declare that one object sought by the resolution was, to secure a thorough working organization, that the legitimate business before the Legislature might go on, without regard to the questions and complications that may yet grow out of the Senatorial contest. Because, as is well known the presiding officer entertains the view that the Lieutenant Governor, as well as the mover of the resolution, are ineligible to the United States Senate, to neither of whom could any advantage arise from the success of,the resolution, save that shared by other Senators in securing a working organization, he is a happy illustration of the impartiality of the motives of the mover. The presiding officer has no right, under the rules of the Senate, to appoint committees. He must receive this authority from the Senate itself. He called for the reading of standing rule in reference to the appointment of committees, by which it appears that the Senate is clothed with the power of appointing said committees, and that it is not a duty incumbent upon the Lieutenant Governor at all, save as he may be directed by the Senate.
Mr. CHURCH was satisfied Senators were not prepared to act on this question today. He moved to postpone its further consideration till two o'clock to-morrow.
Mr. STEIN moved to lay this motion on the table.
This motion was rejected by yeas 15, nays 29--as follows:
YEAS--Messrs. Bird, Bradley, Carson, Denbo, Henderson, Hooper, Houghton, Howk, Huffman, Hughes, Kinley, Lasselle, Reynolds, Scott and Stein--15.
NAYS--Messrs. Andrews, Armstrong, Beardsley, Bellamy, Caven, Church, Elliott, Fisher, Fosdick, Gifford, Gray, Green, Hadley, Hamilton, Hess, Huey, Humphreys, Jaquess, Johnson of Spencer, Johston of Montgomery, Lee, Morgan, Rice, Robinson of Madison, Robinson of Decatur, Smith, Taggart, Wolcott and Wood--29.
So the motion to lay the motion to postpone on the table did not prevail.
The question recurring upon the motion to postpone--
It was agreed to.
Mr. FISHER offered the following resolution which was adopted:
RESOLVED, That the Librarian be directed to furnish each Senator with three dollars worth of postage stamps.
Mr. STEIN, from the Joint Committee appointed to wait upon the Governor and inform him of the organization of both houses of the General Assembly, etc., reported that they have performed the duties of their appointment, and that his Excellency has designated to-morrow at two o'clock p. m.; as the time for delivering his message to the General Assembly.
And then--
On motion the Senate adjourned.
