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Brevier Legislative Reports, Volume X, 1869, 704 pp.
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AFTERNOON SESSION.

The LIEUTENANT GOVERNOR called the Senate to order at two o'clock.

Mr. BRADLEY. Mr. President: I desire to present a communication and have it read.

Mr. CRAVENS hoped the journal would be read to see what we have done heretofore. That is the first thing in order, unless the reading is dispensed with.

The LIEUTENANT GOVERNOR. The journal was read this morning.

Mr. CRAVENS. True, but we can call for it this afternoon.

Mr. BRADLEY. Mr. President. I desire to have this paper read by which seventeen or eighteen Senators respectfully make known to you that they have resigned their seats.

The communication was then read by the Secretary as follows:

TO THE HON. WILL CUMBACK, President of the Senate:

SIR--The undersigned, late Senators in the General Assembly of ths State of Indiana, respectfully make known to you that we have resigned our respective offices as Senators in the said General Assembly, and that our said resignations have been transmitted to the Governor.

Very Respectfully, yours, J. M. Hanna, Wm W. Carson, O. Bird, Wilson Smith, W. S. Turner, G. W. Denbo, W. F. Sherrod, Robert Huey, John M. Humphreys, Daniel Morgan, Thomas G. Lee, E. Huffman, W. H. Montgomery, Thomas Gifford, George V. Howk, Charles B. Lasselle, Archibald Johnson.

Mr. CRAVENS moved that this document lie on the table.

The LIEUTENANT GOVERNOR put the question, and pending the viva voce vote--

Mr. BRADLEY and Mr. HENDERSON demanded the yeas and nays.

The LIEUTENANT GOVERNOR. The document lies on the table.

Mr. BRADLEY. The yeas and nays were called.

The LIEUTENENT GOVERNOR. By more than one Senator?

Mr. BRADLEY. Yes, sir.

Mr. HENDERSON. Yes, sir.

The LIEUTENANT GOVERNOR It is the right of two Senators to call the yeas and nays--the Secretary will call the roll.

Mr. HOOPER moved that the Senate adjourn.

The LIEUTENANT GOVERNOR decided this motion out of order, pending the motion before the Senate.

Mr CRAVENS thought a motion to adjourn was always in order, except when the previous question was called.

Mr. HOOPER. There is no motion before the Senate--simply a demand for the yeas and nays.

The LIEUTENANT GOVERNOR To determine whether the motion before the Sen page: 592[View Page 592] ate shall prevail or not the yeas and nays are ordered--call the roll.

The yeas and nays were then taken with the following result:

YEAS--Messrs. Andrews, Beardsley, Bellamy, Case, Caven, Church, Cravens, Fosdick, Gray, Green, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Reynolds, Robinson of Madison, Robinson of Decatur, Scott and Wolcott--20.

NAYS--Messrs. Bradley, Henderson, Hughes--3.

Pending the roll call--

Mr. HUGHES, when his name was called, in explanation of his vote, said he thought it proper that the communication should be spread upon the journals. He therefore voted "no" upon this motion.

When the roll call was finished--

The LIEUTENANT GOVERNOR said there was no quorum voting.

Mr. BRADLEY. Mr. President: I demand a call of the Senate.

The LIEUTENANT GOVERNOR. Call the roll.

The roll was called and twenty-five Senators answered to their names-two others subsequently appearing--as follows:

Present--Messrs. Andrews, Beardsley, Bellamy, Bradley, Case, Caven, Church, Cravens, Fisher, Fosdick, Gray, Green, Hamilton, Hendorson, Hess, Hooper, Hughes, Jaquess, Johnson of Spencer, Kinley, Reynolds, Robinson of Madison, Robinson of Decatur, Scott and Wolcott--25.

Mr. BELLAMY moved that the Doorkeeper be instructed to bring in the absentees.

Mr. HUGHES. Mr. President: It is not worth while to ignore the facts in the case. The Senate has been officially informed that enough Senators have resigned to break a quorum. Every step we take to try and make a Senate where their is none, will be a step in the wrong direction, and involve us in absurdities and difficulties from which we can not extricate ourselves. It is not my purpose to ignore this fact, but I take this occasion to advise Senators to recognize the situation as it exists, and act accordingly. An official communication from certain Senators has informed us that they have resigned. That ought to have been spread upon the journals and then we ought to have set down in a dignified Senatorial manner and determined what we should do. If this communication were laid upon the table it goes upon the journals anyhow. Here is a motion to send for the absentees. I move to amend the motion by excepting from it all those who signed the communication laid before the Sena e. Then I will vote for it, but I will not vote to send for gentlemen who have resigned.

And I desire to say here, before I yield the floor, that I commend, as far as my commendations are worth anything, the action of the presiding officer (the Lieutenant Governor) in refusing to adopt a revolutionary course, and undertake to ignore the constiiutional rights of members here to call for the yeas and nays. I hope no such course of proceeding will be inaugurated in this body. And I want to say that while I am a Senator upon this floor, whenever any presiding officer ignores my right as a Senator, to call for the yeas and nays, or do any other act within the Constitution of the State, it becomes a question between man and man upon this floor, and I would lay down my life before I would permit myself to be trampled upon in this way, and unless that life was taken from me I would drag out of that chair any presiding officer who would dare to deny me my Constitutional rights here.

Mr. HOOPER. Mr. President: There was no purpose in making the motion to it inaugurate any revolutionary proceeding. It was a motion made in good faith, and I take it the motion to adjourn was in order. It is no occasion, nor was there anything growing out of the motion to authorize Senators to talk about revolution.

I will say that my feelings about this matter is that there has been an attempt at revolution here, and it is nothing else but revolution--this step that has been taken by members on the other side of the House in breaking up this Senate. It is in my judgment an act utterly inexcusable. What is the excuse? They were afraid that we would take up an act which was a special order; and how often has it been the custom here to postpone special orders? And they helped to set the time for the consideration of this order themselves. They voted to set it for two and a half o'clock this day, and now they see fit to resort to revolutionary measures and break up this Legislature at this most critical period when we had just about matured almost the entire business of the session. As it is we must go back to the people with having accomplished but very little. I feel as though they have no rights they ought to ask us to respect. If they are met with a little feeling they must not be surprised.

Mr. HUGHES. No one here has talked about revolution except myself, sir. I have not resigned, sir. I am not responsible for the resignation of others. I have not acted for the gentlemen who have resigned and I am not their apologist.

The LIEUTENANT GOVERNOR stated the question to be on the motion to exclude the names of those who signed the communication.

Mr. ROBINSON of Madison, moved the Senate adjorun.

The motion was agreed to.

Accordingly, the next meeting is nine o'clock to-morrow morning, under the rules of the Senate.

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