THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
THURSDAY, February 25, 1869.The Senate met at nine o'clock, a. m., pursuant to adjournment--the Lieutenant Governor in the Chair.
The Secretary's journal of yesterday was being read when--
On motion of Mr. BOBO, the further reading thereof was dispensed with.
REPORTS FROM COMMITTEES.
Mr. CASE, from the Committee on County and Township Business, returned the bill, [S. 188] to provide for the sale of certain lands in Clay county, obtained from Aquilla Jones, recommending its passage.
Mr. STEIN, from the Committee on the Organization of Courts, returned the bill, [H. R. 248] recommending its passage.
Mr. GIFFORD, from the Special Committee on Medical Legislation, returned the bill, [S. 75] to protect the citizens of Indiana from empiricism, and to regulate the practice of Medicine, with an amendment, recommending its passage.
Mr. HESS from the same Committee, returned the bill, [S. 132] to protect and elevate the medical profession, recommending that it be laid on the table.
Mr. GIFFORD, from the Special Committee on Fees and Salaries, returned the bill, [S. 229] regulating the fees of county Clerks, Auditors and Sheriffs, recommending that it lie on the table.
Mr. LASSELLE, from the same Committee, returned the bill, [S. 176] to amend section ten of the act regulating the fees of officers, recommending that it lie on the table.
Mr. CAVEN, from the Committee on the Judiciary, returned the bill, [S. 61] providing for the amendment of pleadings and papers in civil cases, with amendments, recommending its passage.
Mr. ROBINSON of Madison, from the Committee on the Judiciary, returned the bill, [S. 135] to amend section two, of the act providing for the redemption of real property sold on execution, reporting a substitute, and recommending its passage.
Mr. HOWK, from the same committee returned the bill, [H. R. 54] to amend section five hundred and thirty-one of the practice act, with amendments recommending its passage.
Mr. SCOTT from the same committee, returned the bill, [H. R. 66] recommending that it lie on the table.
Mr. STEIN, from the same committee, returned the bill, [H. R. 30] to amend section nine of the act providing for the election of clerks of Circuit Courts, and prescribing their duties, with an amendment recommending its passage.
Mr. SCOTT, from the same committee, returned the bill, [H. R. 94] to amend section thirty-nine of the act denning felonies, with an amendment, recommending its passage.
Mr. CAVEN, from the Committee on Claims, reported in favor of allowing the claim of Dr. H. H. Gillem, for services as special surgeon to the Second Indiana Cavalry.
Mr. MORGAN, from the Select Committee on Medical Legislation, returned the bill, [S. 240] to authorize the formation of dental societies, with an amendment, recommending its passage.
These reports were severally concurred in.
Pending this order--
On motion by Mr. SCOTT, the bill, [S. 55] page: 504[View Page 504] to provide a Criminal Court for Vigo county, was taken up and the House amendments thereto concurred in.
On motion by Mr. STEIN, the bill [S. 277] regulating the employment of persons under sixteen years of age--they may work eleven hours a day--was read the second time.
On motion by Mr. STEIN, an emergency clause was added.
On motion of Mr. HOOPER, the bill [S. 235] relating to school tax, without regard to race or color, was being read the second time, when it was ascertained that it was in the hands of the committee, and the reading thereof suspended.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees unless otherwise stated, as follows:
By Mr. ROBINSON of Decatur, [S. 290] creating the Judicial Circuit, etc.
By Mr. CAVEN, [S. 291] to amend section eight of the city incorporation repeal laws.
By Mr. DENBO, [S. 292] to transfer the county of Brown from the First to the Second Judicial Circuit.
By Mr. CAVEN, [S. 293] to amend section thirty-five of the felony act.
By Mr. LASSELLE, [S. 294] to fix the terms of courts in Carroll and Cass counties.
It was passed to the second reading.
On motion of Mr. LEE, the Fourth Judicial Court bill [H. R. 248] was again read, and finally passed the Senate by yeas 38, nays 0.
THE NEGRO AGAIN.
Mr. JOHNSTON of Montgomery, moved to take from the table the bill, [S. 163] excluding colored persons from paying tax for building school purposes, and from the township libraries.
Mr. CRAVENS said, that if this Senate had done any one meritorious thing, it was to lay that bill on the table. He thought it should remain there, and that we should not get after the little negros with a club and keep them from reading the books in the township libraries.
Mr. GRAY. I am not in favor of taxing the property of negroes unless they have the benefit of it, because I do not believe it is right to do so. I do not believe the white people of this country are clothed with the constitutional authority to lock the temples of learning from the humblest of God's creatures. I move to lay the motion on the table.
This motion was agreed to--yeas 29, nays 11--as follows:
YEAS--Messrs. Andrews, Beardsley, Bellamy, Bird, Case, Caven, Church, Cravens, Eliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Howk, Hughes, Jaquess, Johnson of Spencer, Kinley, Lasselle, Morgan, Rice, Robinson of Madison, Robinson of Decatur, Scott and Stein--29.
NAYS--Messrs. Bradley, Denbo, Gifford, Hanna, Henderson, Huey, Huffman, Johnston of Montgomery, Lee, Montgomery and Sherrod--11.
So the motion was laid on the table.
REPORTS FROM COMMITTEES.
Mr. GRAY, from the Special Committee on Fees and Salaries, returned the bill, [S. 208] to amend the act relating to the docket fees of the District Attorney of the Common Pleas Courts, with a recommendation that it lie on the table.
Mr. SHERROD, from a special committee, returned the bill, [S. 284] to provide for the erection of bridges on county lines, recommending its passage.
Mr. BRADLEY, from a select committee, returned his bill, [279] to organize the Ninth Judicial Circuit, recommending its passage.
Mr JOHNSON of Spencer, from the Committee on Rights and Privileges, returned the bill, [S. 249] to provide for the construction of fish ladders, with the blanks filled, recommending its passage.
Mr. STEIN, from the Committee on Education, returned the bill, [S. 235] to render taxation for school purposes uniform, without regard to race of color, recommending that it lie on the table.
THE OMNIBUS UNIVERSITY BILL.
Mr. HUGHES moved that the Senate resolve itself into a Committee of the Whole on his University bill, S. 197.
Mr. KINLEY offered a resolution limiting the time to one hour and a half and the speeches to five minutes.
The motion was agreed to and the President pro tem. was called to the chair.
The pending amendment was read by the Secretary, it being a substitute for section one, giving the University power to sell University Square No. 25, in Indianapolis.
Mr. HOOPER explained that this would avoid a direct appropriation, while it would leave but two other points in the bill, the Normal School and the Agricultural College.
The amendment was agreed to upon a division--affirmative 20 negative 17.
Mr. HUGHES remarked that this disposed of six or eight sections of the bill. He would leave the matter in charge of those who were willing to take charge of it.
Section second being read--
On motion by Mr. FISHER it was stricken out.
Section three being read--
On motion by Mr. HUGHES it was stricken out.
Section five being read--
Mr. HANNA moved to add the following amendment:
page: 505[View Page 505]RESOLVED, That in the establishment of said Medical College there shall bt a professor chose from each of the respective schools, namely: the Allopathic, the Homoepathic, the Electic, the Botanic, Uroscopic, the Hydropathic, or Water Cure, the Chromo Thermal, the Magnetic, the Spirituralist and the faith systems; and that in the general lecture room of said institution the representatives of each of the above systems shall be provided with a lecture chair in the most eligible part of said room, and each shall have a right to give his opinion at any time, or all at the same time.
The amendment was rejected.
Mr. HUGHES moved to strike out sections five, six, seven, eight, nine, twelve and thirteen, and thereupon he took occasion to denounce as absolutely false, from beginning to end, a statement in the Indianapolis Journal of this morning indicating hostilility to the State University. He regarded the paper as of no value except to the clique who run and the party who own it, and that as a State organ, it is a failure and a nuisance. He had helped make some of the men about the establishment, through military necessity. He read what he called a whine and a sniffle about the Soldiers' Home, in an editorial article which he declared was beneath contempt, and remarked that he was not made of such small material as to be diverted from his position on that question by attacks from that paper or any other quarter.
The motion was agreed to.
Section ten being read--
Mr. HOOPER moved to strike out "Special Board" and insert "Board of Trustees."
Mr. RICE did not propose to sell it to the city at the price indicated, (one hundred thousand dollars,) if we first had to litigate the question with them. It the city were to relinquish claim to it, he had no objection.
Mr. HOOPER said there was no proposition for a law suit in the bill.
The amendment was agreed to.
Mr. HANNA made an ineffectual motion to strike out the section.
Section eleven being read--
Mr. HOOPER moved to substitute "within a reasonable time after the passage ot this act" instead of "ninety days," and an amendment similar to the one he offered above.
The motion was agreed to.
Section fourteen being read--
Mr. SCOTT moved to increase the amount from seventy-five thousand dollars to eighty thousand dollars for the Normal School building.
Mr. HUGHES moved to increase the appropriation to one hundred thousand dollars.
This motion was rejected.
The motion of Mr. Scott appropriating, eighty thousand dollars, was agreed so--affirmative 23, negative 16.
On motion by Mr. BRADLEY, this sum was authorized to be paid on the warrant of the State Auditor.
Mr. GRAY moved to amend so that every county shall have the privilege of free tuition in proportion to its population. Unless he was satisfied of that privilege he would vote against the bill.
The amendment was agreed to.
Section fifteen being read, establishing an Agricultural College in connection with the University at Bloomington
Mr. KINLEY wanted to know whether the word "connection" should mean anything more than when that word refers to the Normal School at Terre Haute.
Mr. HUGHES answered that it would not if this section were left alone.
The section was adopted.
Section sixteen, locating the Agricultural College at the Battle Ground, being read--
Mr. FISHER offered a substitute accepting the offer of Monroe county.
Mr. HADLEY moved to amend the amendment or substitute by accepting the offer of Hancock county.
Mr. GRAY moved to amend by providing that each county in the State shall have a right to a representation in the school in proportion to the population.
Mr. GRAY moved to amend by providing that each county in the State shall have a right to a representation in the school in proportion to the population.
Several Senators stated that this was already provided for.
The amendment was adopted.
Section fifteen being read--
Mr. HOOPER moved its adoption, which was agreed to.
Section sixteen was read.
Mr. FISHER offered a substitute locating the Agricultural College at Bloomington.
Mr. HADLEY offered an amendment locating at Greenfield.
Mr. MORGAN spoke in favor of the location at Bloomington, in connection with the University.
Mr. KINLEY spoke in favor of a location separate from any other institution.
Mr. LASSELLE. As far as my sympathy is concerned I would prefer the Battle Ground location, because it is almost in my county, and my county furnishes an abundance of almost every thing that institution would require, but I am going to vote as a citizen of Indiana looking to the honor and interests of the whole State, and shall favor the location in connection with, and closely connected with the University at Bloomington.
Mr. STEIN moved that the roll be called, and the location of the Agricultural College determined by a viva voce vote.
This motion was agreed to upon a division--affirmative 28, negative not counted.
The first ballot resulted as follows:
Those voting for Marion County were--
Messrs. Andrews, Armstrong, Cavin, Johnson of Spencer, Kinley, and Robinson of Decatur6.
page: 506[View Page 506]Those voting for the Battle Ground were--
Messrs. Beardsley, Bradley, Case, Church, Cravens, Denbo, Hamilton, Howk, Hughes, Scott, Smith and Stein--12.
Those voting for Bloomington were--
Messrs. Bellamy, Fisher, Fosdick, Hanna, Henderson, Hooper, Laselle, Montgomery, Morgan and Rice--10.
Those voting for Greenfield were--
Messrs. Gifford, Gray, Green, Hadley, Hess, Huey, Huffman, Jaquess, Johnson of Montgomery, Lee, Robinson of Madison, and Sherrod--12.
Subsequent ballots taken resulted as follows:
| No. of ballots............................. | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Marion county.............................. | 4 | 4 | 3 | 8 | 9 | 11 | 6 |
| Bloomington................................ | 10 | 10 | 13 | 16 | 16 | 5 | 18 |
| Greenfield................................. | 13 | 11 | 8 | 1 | ... | ... | ... |
| Battle Ground.............................. | 12 | 15 | 16 | 12 | 14 | 14 | 14 |
The ninth ballot resulted:
For Marion County--Messrs. Andrews, Caven, Gray, Green, Hess, Kinley and Robinson of Decatur--7
For Battle Ground--Messrs. Beardsley, Bradley, Case, Church, Denbo, Hadley, Hamilton, Howk, Huffman, Hughes, Robinson of Madison, Scott, Sherrod, Smith and Stein--15.
For Bloomington--Messrs. Bellamy; Cravens, Fisher, Fosdick, Gifford, Hanna, Henderson, Hooper, Huey, Jnquess, Johnson of Montgomery, Lasselle, Lee, Montgomery, Morgan and Rice--16.
There being no choice the Committee refused to ballot again.
Mr. Fisher's amendment was then rejected--affirmative 20, negative 21.
On motion by Mr. GREEN the Committee rose, reported progress, and asked leave to be discharged from the further consideration of this subject.
The report was concurred in.
And then--
The Senate took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The Lieutenant Governor resumed the chair at two o'clock, p. m., and directed the call of the Senate, which being taken, discovered but thirty-five members present.
SENATE BILLS PASSED.
Mr. GREEN moved that the rules be suspended so as to pass his bill, [S. 270] authorizing the distribution of the swamp land fund.
Mr. FISHER'S opinion was that really there was not a dollar of that fund in the Treasury--that it was a mere paper balance.
Mr. GREEN was satisfied that there really is some money there but that it could not be distributed without the passage of a law.
The motion to suspend the rules was agreed to, by yeas 34, nays 3.
The bill [S. 270] to provide for paying for certain claims, for ditching Swamp lands in the State, out of the swamp land fund, was then read and passed the Senate by yeas 33, nays 4.
On motion of Mr. BRADLEY, the order of business was suspended and the bill [S. 279] to reorganize the ninth judicial Circuit was taken up.
On his further motion the constitution restriction was dispensed with, the bill read once and passed the Senate, by yeas 39, nays 0.
COLORED CHILDREN AND COMMON SCHOOLS.
On motion by Mr. HOOPER, his bill [S. 235] to render taxation for common school purposes uniform, regardless of the race of color of the persons to be taxed, and to extend the benefits of the common sschool system to colored children, was taken from the table and read the second time.
Mr. FISHER moved to amend the bill in the fourth section, by striking out the words "two-thirds" and inserting in lieu the word ''majority."
Mr. BRADLEY moved to strike out sections three, four, five and six.
Mr. TURNER moved to indefinitely postpone the bill.
This motion was rejected by yeas 14, nays 27as follows:
YEAS.--Messrs. Bird, Bradley, Denbo, Hanna, Henderson, Huey, Huffman, Johnston of Montgomery, Lee, Montgomery, Morgan, Sherrod, Smith and Turner--14.
NAYS.--Messrs. Andrews, Beardsley, Bellamy, Case, Caven, Church, Cravens, Eliott, Fisher, Fosdick, Gifford, Gray, Green, Hamilton, Hess, Hooper, Howk, Hughes, Jaquess, Johnson of Spencer, Kinley, Lasselle, Rice, Robinson of Madison, Robinson of Decatur, Scott and Stein--27.
The question recurring upon the motion of Mr. Fisher--
Mr. HOOPER said: Two-thirds ought to control this matter beyond all question of doubt. I believe it is the only practicable theory we can adopt at this time.
Mr. HANNA. I would ask the Senator what he thinks of section 25, Article I, in the Constitution of the State?
Mr. HOOPER. I think that does not affect this question at all.
Mr. TURNER protested against Senators coming here from the northern portion of the State where there are no negroes and attempting to impose upon the people of the Southern counties a provision of this kind. In behalf of his constituents he raised his voice against it. He believed there were sections of the State where this law, if passed, could not be enforced by the whole power of the State. It is an imposition upon the people of the southern counties of the State, to which the negroes have flocked.
Mr. FISHER. I ask consent my to withdraw amendment.
The PRESIDENT. The amendment is in page: 507[View Page 507] the hands of the Senate and cannot be withdrawn without the consent of the Senate.
Mr. CHURCH took it for granted when Senators say before hand that a law, if passed, cannot be enforced, that they say, in effect, they will not obey the law. He suggested that there are townships in the north part of the State to which Democrats could go, where there are no negroes, and where they need not disobey the law. He favored the amendment because he believed a majority in school districts should control the question.
Mr. FISHER proposed this amendment because he believed it right, and at the suggestion of the author of the bill, was willing to withdraw it, but those friendly to the bill were generally friendly to the amendment also. He could not see why Senators were so disturbed about this matter. If a majority of a school district were in favor of admitting negro children to their schools, ought they not to have the right to do so? In the name of common sense cannot the people be trusted in the matter?
Mr. SCOTT desired to move to strike out the fourth section and insert a substitute providing that the Township trustees of the several townships of this State, shall set apart for the benefit of the colored children, a proper proportion of the common school fund, and shall cause the schools to be opened for colored children, under the same regulations now provided by law for white children, at which schools only colored children shall attend.
Mr. HUGHES. Mr. President: I believe this bill brings fairly before the Senate the question whether colored children shall be admitted to the common schools in the same schools with white children, Waiving all prejudices and party positions upon that question, it must be obvious that as a practical question it is one that meets us at the threshhold before we can legislate upon the question of common schools. And it is one that we ought to meet--ought to decide--we ought not to evade it or transfer it. Surely we are as capable of meeting the question here as our constituents at home. I did all in my power yesterday to bring the Senate to a direct vote upon this question. If it is once determined definitely that the colored and white children shall be together in the same schools then we will know how to proceed and frame the law; or if it is determined that they shall not, then we will know how to proceed. But as long as we are in doubt and uncertainty we cannot frame a law for the government of our common schools that will be satisfactory.
I regard the negro question as one we simply have to deal with to-day as a matter of business. The number of negroes in the State of Indiana according to the census of 1860, if they were all collected together, are not sufficient to elect one member of Congress. Of course there has been an influx of negroes into the State since 1860. Why cannot we make a common school system for the white children of the State who number in proportion more than one or two thousand to one and then if we must have a controversy over the traditions and political animosities of the past, have it upon a seperate bill?
I regard this question of education as the most important we have before us. I am opposed to having the two races together in the same school. I believe it is inexpedient and unwise and I believe it is unconstitutional without straining a point. It is opposed not only to the letter but to the spirit of the Constitution. I believe it is an act that is unfriendly to the peace and good order of society, and I believe it will prove in its consequences irritating to the white people and decidedly injurious to the black people. I believe it will do them no good, and largely do them an injury. Perhaps in coming to these conclusions I am unconsciously influenced by the prejudices of education or political association, but it is my sincere conviction that the two classes ought not to be collected together in the same school.
I have alluded to the Constitution. We have a Constitution; it may not be the best one on earth, but it is our Constitution and the supreme law of the land and we have all sworn to support it. It has received the sanction of the people of the State by a direct vote, and the majorities were overwhelming. Throughout that Constitution a marked discrimination is made between colored and white and I shall legislate in the light of its provisions as long as they are the law of the land. The Constitution makes a discrimination between the races as to the highest privilege of a citizen--the right to vote--in these words: "No negro or mulatto shall have the right of suffrage." That is in the Constitution of Indiana. That is in the Constitution all these Senators have sworn to support, and that oath includes that they shall support the spirit as well as the letter of that instrument until it is changed. There is a mark of inferiority branded and fixed upon the negro by the Constitution of Indiana, in reference to the highest privilege of citizenship--the right to vote. The inferiority of the negro is recognized throughout the Constitution of Indiana. I vote in favor of leaving it just as it is because if there is any section or clause in the Constitution which is emphatically the will of the people it is the thirteenth Article. I will feel obliged to some Senator to give me the majority by which it was ratified, for it amounted to thousands over the rest of the instrument.
A VOICE. Ninety-four thousand.
page: 508[View Page 508]Mr. GRAY. Why was not this law enforced?
Mr. KINLEY. Has it not been decided unconstitutional?
Mr. HUGHES. I will keep these questions in mind. Here is the XIIIth Article. [Reads sections one and two.] I suppose if they come into the public schools and sit upon a seat and commence reciting lessons they would be violating the Constitution, unless the Constitution is a dead letter. Now I want to know if we pass a law here and open the public schools to them, if we don't encourage them to come into the State and remain in the State, and if the school teacher, and those who receive them into the schools are not guilty of the same offense? Section three of the same article reads: [Reads section three and four.]
Now I have got two questions to answer: Why this law was not enforced? and whether the Constitution of Indiana has not been decided to be unconstitutional? I will endeavor to answer both questions. The General Assembly is absolutely required to pass a law to carry out the provisions of this article, and they did pass a law, and although it was but feebly executed, still the combined influence of the Constitution and the law passed in pursuance of the Constitution, and the prejudices of our people were such that when the great civil war broke out, which raged throughout the land and brought desolation to every home and hearth-stone throughout our country almost, the State of Indiana enjoyed comparative peace because she had not this disturbing element of negro population within her borders, because the framers of the Constitution had seen afar off the coming storm and in the exercise of State rights, which do exist under the Constitution of the United State, which I pray to God may live forever, they had dedicated the soil of Indiana to freedom and to white population. With the exception of the Morgan Raid we knew nothing of the foot of the invader--we only knew of the war from the tales of heroism our soldiers brought back from the battle field where they covered Indiana with glory. We were protected from its ravages and evils by the wisdom of this Constitution. The Senator from Randolph [Mr. Gray] wants to know why it was not enforced. It was enforced, and the reason why its enforcement never attracted public attention was that there was an insufficient negro population to attract public attention.
Now the Senator from Wayne [Mr. Kinley] wants to know if this has not been decided unconstitutional? Yes sir, it has, by the Supreme Court of Indiana, of which I shall speak with all respect. After it had been adopted by a majority of ninety-five thousand people, and had been the law of the land for years and been recognized by every department of the government--the principle which underlies it by every department of the government both State and National, the surging waves of party politics heaved to the surface and elected to the Supreme Court in pursuance of party nomination and by a party vote, men who decided that it was a violation of the Constitution of the United States, while in the very same breath, the same party put in the Constitution the fourteenth amendment which provides that every State shall have the power, recognizing what existed before, to decide within its borders the qualification of electors. It has been decided unconstitutional by one Supreme Court, and it will be decided constitutional by another. The day is not far distant when the people of Indiana will go to the polls uninfluenced by the doctrines of military necessity, and when they will rally again around the fundamental principles which they have embodied in our State Constitution, and when they will vindicate the wisdom of its features, which say, "We want nothing to do with the negro population in our midst." The day is not far distant now, in my humble opinion, simply through the folly and madness of men who have rode the cry of loyalty to death and made it a cloak to oppress the people with taxation and to deny them their fundamental rights of life, liberty and the pursuit of happiness, when the people of Indiana--aye, the Republicans of Indiana, a great portion of them, will rally to the rescue of that Constitution, and declare that the Constitution of Indiana is constitutional.
Then, sir, I say let us have no commingling of the races together in the public schools or elsewhere. Let us protect these negroes we have in our midst. They are free and I thank God the convulsions of civil war have stricken the manacles from the limbs of every human being in our land. I have no regrets for that. Let us give them rights while they are amongst us, but let us protect ourselves and respect our Constitution. When we mingle them in the public schools with children of the white race we offend against not only the prejudices of birth and education and social training, but against the instinctive principle of human nature itself. And I am exceedingly glad upon this question that I can strength myself by the support of so emimnent and sound a Republican as the Senator from Parke [Mr. Rice.]
There is another constitutional objection to the bill that I want to read to the Senate. [Reads from the State Constitution Article one section twenty-three.] I undertake to say that you can't pass a Constitutional law in regard to common schools in which you set up a seperate school for negro children. You can't do it. The theory is this: because of the disabilities of negroes, imposed upon them by the page: 509[View Page 509] Constitution, they have not the rights white people have under the Constitution, therefore you may make a school for white children and colored children cannot enter in it on account of constitutional disabilities; but you attempt to make a school for colored children, which necessarily implies that white children shall be excluded, and you are confronted with this provision of the Constitution.
Now here is another difficulty in section four of the bill, A vote of the people of the township shall be taken, it says. That is a popular element in this bill. The Constitution says Article I, section twenty-five. [Reads.] That is to say they must be absolute laws and not dependent upon the vote of the people.
Mr. FISHER (interposing.) Would it not be entirely legitimate to take a vote whether they should have a school or not in every township?
Mr. HUGHES. I will answer that. In the county of Putnam in the case of Black against Greencastle Township the Supreme Court decided a law unconstitutional because it submitted the very question put to me by the Senator from Wabash [Mr. Fisher] to a vote of the township.
Mr. RICE moved to recommit the bill with instructions to amend it so that the enumeration of white and black children shall be made in separate lists; and so as to provide separate schools for the two races.
Mr. CHURCH objected to the proposition, as in some counties of the State, where there were but few colored children, the r proportion of the tax would not keep up their school a week.
Mr. STEIN. Mr. President: I am not prepared to say that I should much oppose instructions of this kind were we to know that the white and black population were so distributed that separate schools could be established for the two races. As an absolute fact we do know that in very few school districts are the blacks in such numerical strength as to be able to afford a school for themselves out of their proportion of the school money. Hence the practical difficulty meets us. What shall we do in those school districts where the black population is too small to have a school for them? What is the proposition of the Senate as to that?
Mr. RICE. I would do as always has been done.
Mr. STEIN. Exclude them from the schools?
Mr. RICE. Yes sir.
Mr. STEIN. Drive them out of your township?
Mr. RICE. If that is driving, drive.
Mr. STEIN. That is the practical effect. I would like to know whether a demand has arisen to say that within the borders of Indiana. I had hopes that the result of this war had enlightened the American mind somewhat. I had hoped that we had some new ideas, if not some new truths. Will you drive the blacks out with the whip of scorpions? Senators can say, "drive them out," but in doing so you would violate the Constitution of the United States, you consciences and precepts of your God.
Now I return to the practical difficulty connected with this question. What will you do in such townships where there are but few negro children? I am not prepared to say how many negro children we have in the State. I regret that I do not have statistics before me. My own impression is that the number is so small that the disturbance which might be endangered by a rule allowing free admission of blacks in our schools would work no disturbance anywhere. But who are these little piccaninies--who are their black parents that you propose to drive out? Citizens of the United States, citizens of Indiana and taxpayers of this State. It is forgotten that for years we have been wrenching dollars out of this class of our population and devoting them to the education of our children, and Senators stand np here and talk about driving the black race out of our respective townships. Out upon such shameless statesmanship as this?
Mr. TURNER (interposing.) Do I understand the Senator to say that we have been collecting school tax from the colored poplation?
Mr. STEIN. I understand it to be a fact that we have been collecting for years a tax from the colored population which has got into the common school fund, and they have been excluded from the schools.
Mr. TURNER. I understand there is a law upon the statute book exempting them from school tax.
Mr. STEIN. It does not cover the entire case.
Mr. GRAY (interposing.) There is a tax for school houses which comes from the backs.
Mr. STEIN. Yes sir, we have been wrenching taxes from the blacks, sir, and they have been taken for the benefit of the whites, and we have Senators here talking about the inferiority of the races, appealing to prejudices and talking about driving out citizens of the State!
Mr. TURNER. No tax of this kind has been collected in my county.
Mr. LEE (interposing.) The gentleman's speech will be reported and it will go to the country: but I don't want it understood that it is the democratic party that talks about driving the negroes out of the country. I have heard no such expression from any mem page: 510[View Page 510] ber of the Democratic party on this floor. It it from the Republican party.
Mr. STEIN. To the great shame of the Republican party I admit the proposition has come from Republican source. I desire that to be placed on file because it will make other Republican Senators reflect upon the peculiar position they place their party when they say that negro children shall be driven from the schools of this State. The Senator from Monroe is an enemy of the blacks and the Senator is too candid a man to contradict me.
Mr. HUGHES (interposing.) The relations between the colored people that I come in contact with and myself are of the most friendly character; and I am friendly to the principles of our State Constitution too.
Mr. STEIN. And it is that sort of friendship that inflicts the deadliest stabs. An effort is being made to divert the vote of the blacks from the Republican party. The Democracy will vote as a unit against all that tends to ameliorate the condition of the blacks. It is part of the principle imported from the south that the black shall neither read not write and that he has no soul to save or to be damned. It is in the Democratic creed, and so long as that branch of the creed shall last what can we expect from them in the name of justice, humanity or equal rights? I say nothing personal with regard to the democrats on this floor. All and each have my individual respect, but I talk of the great party they are representatives and members of.
The Senator from Monroe comes up and endeavors to draw the Republican branch of the Senate from their line of duty, by what? The only thing that can be a potent instrument in his hands--the Constitution of the State; and it says that negroes shall not vote in this State. He talks about the Constitution of Indiana as being the most sacred thing manufactured in all times past, and never to be improved upon in all time to come. We are somewhat acquainted with the circumstances of the manufacture of that Constitution. We know what purposes underlaid the formation of the Constitution by the party in power. Sir, that Constitution is covered over with defects. And they so provided that to amend it is almost an impossibility. It would seem that those who manufactured it thought the days of wisdom were passed when they adjourned. When a proposition comes up to call a new Convention, first and foremost I shall vote "aye." The Senator from Monroe singles out a section which relates to suffrage and upon that he basses an argument that the negro shall not be educated. I would like to know what legal sequence there is between that constitutional provision and the conclusion he arrives at. It is so small that a microscope of one million magnifying power will be unable to detect it. Bad enough for us is it that we have ever excluded the negro from the jury box, the witness stand and the ballot box. It has been a blot and a stain upon the State that we undertake to throw a chinese wall around Indiana, and say that the negro shall not come within this State, not even as a visitor. Bad enough is it when it makes it a penalty for me to employ a negro even so much as to cut my hair. Public opinion has looked upon the whole proceeding with contempt. In the course of a few days in all probability we will be called on to vote upon a proposed amendment to the Constitution of the United States, and that amendment will require of us that we pass no law restricting or qualifying the right of suffrage on account of race or color. Suppose that becomes the law of the land?
Mr. HUGHES (interposing.) If it is adopted it will find us in this condition: The Constitution of Indiana already prohibits the black man from voting; and we are prohibited from hereafter framing laws restricting that right. Which would the Senator obey, the new amendment to the Constitution of the United States, or the old Constitution of Indiana?
Mr. STEIN. The new amendment. Yes, sir, because it is bound to be the law of the land. Revolutions never go backward. The men who stand in the way of revolution are just as incapable of existing as the helpless victims beneath the car of Juggernaut--they are bound to be crushed.
Mr. SHERROD (interposing.) When the Senator takes the new Constitution what becomes of his oath to support the Constitution of his State?
Mr. STEIN. I understand when the new Constitution is in effect it takes precedence.
Mr. HUGHES. The Senator from Tippecanoe has not met the question exactly. The new amendment prohibits the passing of any laws in the future restricting the right of suffrage, and we have got a law already. Which will he obey?
Mr. STEIN. As soon as the new amendment becomes the law of the land, I propose to obey it as becomes every citizen desiring to do his duty.
Mr. GRAY (interposing.) I will answer that question. I understand the Constitution of the United States to say that "this Constitution, and all laws made in pursuance thereof, shall be the supreme law of the land," and I shall be bound by the Constitution of the United States.
Mr. JOHNSTON of Montgomery. I want that put down.
Mr. STEIN. I shall obey the new Constitution because it becomes the paramount law of the land, and overrides and wipes out these little Democratic features in the State Consti page: 511[View Page 511] tution. He recited the circumstances under which this Constitution was made, and stated that it was rotten in many parts, and the Senator here parades its rottenest feature. It was said that at one time when Noah was intoxicated, his daughters walked backwards and threw a mantle over him. Now the Senator brings up the blackest and rottenness feature that has ever been in the Constitution, and, dead as it is, parades it before the people. He referred to the bill before the Senate of over four hundred thousand dollars in response to the statement of the Senator in regard to the perfect tranquility of the State during the war, and that this came from this prescribing article of the Constitution. Ohio, Illinois and Pennsylvania had no such provisions. The comparative quiet which prevailed in this State came from our treating this feature of the Constitution with, the most profound contempt.
Mr. HADLEY. Mr. President: I fully concur in every remark the Senator from Tippecanoe [Mr. Stein] made, but am surprised at the position taken by the Senator from Parke [Mr. Rice] for I fear he does not reflect the sentiment of his constituents. This driving out policy will have one other result which the Senator from Tippecanoe failed to mention and that will be this: It will have the effect of driving the negroes from the rural districts where they are of service to the cities, and they will go hungry and naked in order to give their children an education in the common schools. This is wrong, unjust, inhuman.
I am not surprised at the shute this argument has taken. It is but drawing the lines that have been marked between the two parties for the last twenty years. It is holding up to view this same question whether the negro shall be elevated in the scale of morality and intelligence or whether he shall continue to be ground down by the iron heel of despotism by the chivalry of the caucassian race; one party founding its arguments upon the immutable principle of justice and the other upon an erroneous construction of the Constitution of the State. That is an instrument framed by our peers--by no higher intelligences than now exist in our State, and yet if we except to any of its provisions there is a party here which raises its hands with holy horror.
The Senator from Monroe makes the argument that because the Constitution forbids a negro the right to vote, it follows as a legal consequence that neither himself nor his children shall be educated in the common schools. I would like to remind the Senator that there is another large and respectable portion of society which has not the right to vote under the Constitution. I refer to females--and will the gentleman follow up his argument with a similar one: that white females nor their children shall be educated in the common schools? One argument is just as logical as the other.
I am sorry to see this sentiment among some Senators. I am sorry to see Senators so afraid that their children will be degraded in morals or intelligence by occupying the same school room with the negro. I believe we have as much respect for the Carcassion race in Hendricks county as in any other, yet we have had a little commingling of the races in the common school and we have seen no evil results from it.
These enemies to the negro--I don't say Democrats--I say enemies, and I am sorry to be obliged to include the Senator from Parke are perfectly willing their little prattling babes shall be placed in the custody of negro nurses and have their children taught the accent of the negro, and the hibits of the negro, yet when we propose that the negro shall be taken into the school and taught the English language and the English accent they say it shall not be done and it this Legislature makes such a law it shall not be executed. But I will not occupy the time of the Senate in discussing this matter any farther.
Mr. RICE. Mr. President: I have heretofore stated my position in regard to this matter, but it becomes necessary to restate it, because Senators have referred to me as an enemy of the negro; and have taken me to task as having stepped out of the Republican ranks. Have I not followed in the exact line marked out by the Executive of this State, who recommends in his message that there should be seperate school established for colored children. And the same thing has been recommended in former Executive messages.
Now I propose that the recommendation shall be carried out. I propose to tax myself and the negro together to raise a common school fund. I propose that the negro shall have his proportion of it,and I propose that it shall be the duty of officers of the law to provide the negro with a school. Now if I am an enemy of the negro--if such an inference is fair from that position they will have to put me down as an enemy to him.
The Senator from Tippecanoe, flashed from his seat like a meteor from the skies, or like phosphoros from the earth--flashing up for a moment and then going out--so astounded was he that a proposition should be made for seperate schools for the black race; and he proposes to read me out of the Republican party.
Mr. HUGHES (interrupting.) I am trying to get at the meaning of the Constitution. Here is a section of the Constitution that I want to throw out on the other side--Article eight--the Article on Education. [Reads section one of Article eight.] That last langu page: 512[View Page 512] age might possibly enable us to reconcile the conflict.
Mr. RICE. I don't think there is any difficulty in the Constitution in regard to it. The Senator from Monroe is right when he says the Constitution which Senators swore to support does make a distinction between the races. I propose to support it. I say the line of argument pursued by the Senator from Monroe is fair. But I shant talk about the equality of the races. I place myself upon the broad ground that every friend of the negro has stood for twenty years, which is to seperate the races. The great Clay favored it, The plan of the Colonization Society was to remove them out of the land. It is not for the interest of the white man nor the black that they should commingle. The line of demarkation has been kept up in all ages. I do not want to live to see the day when the social barrier shall be broken down between the races, and negroes shall be placed upon an equality with the whites in such a manner as to bring about a commingling of the races. I am a friend of my race, and it is my bounden duty to resist all attempts at commingling or attempt at social equality.
Mr. STEIN (interposing.) Will the Senator please define what he means by social equality--a term which he has introduced. No one seems to have a clear idea of the term.
Mr. RICE. I mean by the term social equality such a breaking down of the differences between the two races as that they will be admitted into the same society, into the same schools, in the same jury box and as leaders in these halls: so as to render them equal--upon an equal footing--breaking down the barrier so that there is no difference either morally, physicially or intellectually. Whenever you do that the conclusion will come that there is no reason under the shining sun why the two races should not intermingle and marry. I am against it. It will ruin the white and the black race both It is against my feelings of propriety. You may call it prejudice if you please: I have it. To call upon me to break down these barriers or give the entering wedge, I do not intend to do it.
The Senator from Tippecanoe asks what would I do with the negro in districts where there are not a sufficient number of them to form a school. I tell him that I would do the way we have been doing--the way we are doing to-day. It is but for the peace of society that the negroes shall be together, so if there is a settlement of negroes in your county or in mine, let it be a settlement of negroes and offer them this inducement to flock to it. The gentleman calls that driving with a whip of scorpions. I can't see the whip. I want the negro educated; I want him want him taxed and I want him to have his share of the tax, and when we do that and provide a system of education for him the negro will have to take care of himself just the way I or you take care of ourselves. I am not a special champion here but I do stand in my place and say that I will not give the negroes more rights or privileges than I give to myself; and if he happens to be in a neighborhood where he cannot get the benefits he could have elsewhere, he will have to go without them or go to some place where he can get them. Rather than not provide any means for his education I would vote for the provisions of this bill if nothing better can be got. I want to get the best thing I can therefore I offered my amendment.
Mr. ROBINSON of Modison, moved to lay the motion so recommit on the table.
This motion was rejected by a tie vote--yeas 20, nays 20--the Lieutenant Governor voting in the negative--as follows:
YEAS--Messrs. Andrews, Beardsley, Bellamy, Case, Church, Cravens, Fisher, Fosdick, Gifford, Green, Hadley, Hamilton, Hess, Hooper, Hughes, Kinley, Robinson of Madison, Robinson of Decatur, Scott and Stein--20.
NAYS--Messrs. Bird, Bradley, Caven, Denbo, Eliott, Hanna, Henderson, Howk, Huey, Huffman, Jaquess, Johnson of Spencer, Johnston of Montgomery, Lasselle, Lee, Montgomery, Morgan, Rice, Smith and Turner--20.
The Lieutenant Governor voted "no."
And then--
The Senate adjourned till nine o'clock a. m. to-morrow.
