THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
IN SENATE.
TUESDAY, January 12, 1869.The Senate met at two o'clock, p. m., Lieutenant Governor Cumback in the Chair.
The journal of yesterday was read.
Mr. JOHNSTON of Montgomery, presented the credentials of Hon. James M. Hanna, Senator elect from the counties of Putnam and Clay.
Mr. Hanna came forward and was sworn in by the President.
The special order being suspended for the purpose--
BILLS FOR ACTS.
Mr. GREEN introduced a bill [S. 1] to fix the time for holding the Courts of Common Pleas in the fourteenth Judicial District--composed of the counties of Hamilton, Tipton, Howard and Grant.
On his motion the constitutional restriction was dispensed with--yeas 44, nays 2--The bill was read the second time and passed the Senate by yeas 47, nays 0.
The regular order of business being further suspended--
Mr. GIFFORD introduced a bill [S.2] to fix the times of holding Circuit Courts in the counties of Fayette, Franklin, Union, Rush, Shelby, Decatur and Dearborn.
On his motion the constitution restriction was dispensed with--yeas 41 nays 5.--The bill was again read and passed by yeas 47, nays 0.
Mr. JOHNSTON of Montgomery, asked leave to introduce a bill, but
Mr. BELLAMY objected.
APPOINTMENT OF STANDING COMMITTEES
Mr. HUGHES called up the special order--being his resolution to appoint the standing committees of the Senate. He stated that he looked upon the vote the other day on the question of its postponement as in some sense a test, and he would not surrender his resolution into the hands of the majority.
The resolution was adopted.
THE BAKER-CUMBACK CORRESPONDENCE.
The LIEUTENANT GOVERNOR announced the next thing in order to be the business pending at the adjournment yesterday, and requested the Senator from Madison [Mr. Robinson,] to take the Chair during its consideration.
The CHAIRMAN stated the question to be on the motion to indefinitely postpone the resolution offered yesterday, calling upon the Governor for alledged corrupt correspondence between his Excellency and the Lieutenant Governor.
Mr. HUGHES opposed the motion for the purpose of offering an amendment to the resolution. I will say to the Senate, in reference to this resolution, that while like other Senators, I had heard of such a resolution before its introduction, I had very little knowledge of the facts or charges upon which it is predicated. I know enough of the origin of the resolution, however, to relieve the Democratic members on this floor of its paternity. I know that the resolution did not originate in a partizan attack emanating from the Democratic party or any of its members. I know, or have reason to believe, that it originated in good faith with Republican Senators, who desired simply to discharge their duties and arrive at the truth. When I say this much, sir, I disclose to the Senate all the knowledge I had concerning the resolution up to the...of its introduction here and its discussion...feeling it to be my duty, as a member of... page: 46[View Page 46] body, to make myself acquainted with the subject matter of so grave a charge, I have taken some pains since the adjournment to arrive at a conclusion as to whether this matter ought to be pursued or not. I felt some embarrassment, and it had been my purpose in the first instance to sit quietly by and take no part in this debate--simply voting according to the lights that should be elicited--from the fact that it might be considered indelicate on my part, owning to the circumstance that my name has been mentioned sometimes in connection with an office in the gift of this General Assembly. On that point I desire to say, upon reflection, I have arrived at this conclusion: that the member of this body who is a candidate for the United States Senate, and who permits his candidacy to be paramount to the Considerations of duty in this body, or trammel him in the discharge of his duties here, ought to resign his seat. It is the duty of every Senator to represent his constituents without fear, favor or affection, and if he thinks more of his candidacy for another office than his duty here, he ought to resign his seat here and take his chances for that other office. The delicacy ought to be the other way, and no Senator ought to shrink from the discharge of his duty on this floor, because it may happen to injure his prospects for election to another office. I propose to discharge my duty here, and if it should impair or utterly destroy whatever prospects I have for another office, let those prospects go. As long as I sit upon this floor I propose to discharge my duty to my constituents fearlessly as well as I can, according to my ability; and especially do I feel free to take this course, when I presume it is well known that my candidacy has been more nominal than real. I do not think there could be half a dozen members of this Legislature found that could say I, in person, by letter, or through a third party solicited their votes. And if I ever live to be a United States Senator, I shall continue to pursue that course. It is not an office to be sought in that way. So much in reference to that matter.
Now, sir, I do not like the phraseology of this resolution. I should be glad to see it amended, and I hope the Senate wtll give me an opportunity to offer an amendment to it. Before I sit down I will read my proposed amendment for the information of Senators. I would like to see this resolution stripped of that aspect, which, to some extent is a prominent feature in it, and which has been adverted to by the Senator from Switzerland, [Mr. Bellamy,] connecting it with a party contest. The principal point the Senate has to deal with must certainly be the official conduct of the parties.
If I understand the matter aright it is alledged from some source, responsible or irresponsible, that the Lieutenant Governor while acting as such--being President pro tem., of the Senate--wrote a letter to the Governor of the State, proposing to secure his own appointment to a prospective vacancy in the United States Senate, upon consideration that he would withdraw from the field as opposition candidate for Governor elect, and would support him [the Governor,] and that this proposition was rejected by the Governor. If this be so, in my judgment, it is a matter of the highest importance, and should be inquired into by the Senate, regardless of who it may affect; because the proposttion was made directly to influence the Governor of the State in the discharge of a high official duty, by motives no man can pronounce other than corrupt. Are we as Senators to pass by a charge of such a grave character and cover up, because the resolution happens to be introduced by a member of the minority upon this floor, or because we happen to have on individual prejudices in this matter? The honor of the State, the credit of the Governor the credit of the Lieutenant Governor, and the character of the Senate forbids such a conclusion. I hope and trust that the inquiry may result in the vindication of the honor of a parties concerned.
I would not from any personal motive ambition, rivalry or other consideration deal unfairly or unjustly by the Lieutenant Governor or the Governor, nor would I deal unfairly by the Senate or the State. In the disposition of this question in my opinion, the path of duty is to come to a direct vote upon this resolution, resort to no dilitory motions or measures,--no unfair tactics--but meet the question fairly and squarely and say whether the Senate will permit such a thing to pass without investigation.
And I am bound to say, that while I hope--and I say it in all sincerity--that this investigation may result in a perfect vindication of all parties concerned, candor compels me to say I do not believe it will so result. Why? Because I believe the charge is true. And when Senators state upon this floor, that the charge proceeds from irresponsible sources, or from party newspapers, to that I answer, that after due investigation--knowing not sufficiently of the matter when up before to conffirm or deny one way or the other--I stand here today the endorser of the charge as a Senator upon this floor; and I say to the friends of the Lieutenant Governor that it will not do for them, directly or indirectly, to evade, or seek to evade investigation. It will not do, and no real friend, no intelligent friend of his, it seems to me, would desire to pursue that course.
The Senator from Parke [Mr. Rice] stated by authority of the Lieutenant Governor, and in his presence, that he was authorized to re- page: 47[View Page 47] lieve the Governor of the State from the obligation of privacy or secresy in this matter, and it seems to me that the Senator from Parke opposed the resolution upon the ground that it emenated from a mere newspaper article. I hope now the Senator from Parke will extend to me the same consideration I would extend to him under similar circumstances; and, as I, a member of this body, standing as an indorser of this charge, that he will open the doors to an investigation.
The Senator from Porter and Lake [Mr. Church] objected to the resolution as a rumor in the newspapers, and said it appeared that there was a bargain somewhere, or a clique. It is not always those who first begin to cast imputations of this sort that are most free from them. And, as far as the duty of this Senate is concerned , it matters little whether the inquiry originated with a clique, party, or otherwise. The question for the Senate is, to inquire whether it is founded on truth? Is there a probably and reasonable cause for proceeding in this matter? I have satisfied myself that there is. What other Senators may think I know not.
For these reasons, Mr. President, I shall after the motion to indefinitely postpone shall be voted down, and this resolution comes before the Senate for its action, offer an amendment, which I will now read for the information of the Senate:
WHEREAS, One of the newspapers taken by this body, and daily laid upon the desk of its members, has specifically charged that some written correspondence of an improper and corrupt character has taken place between the late acting Lieutenant Governor, and now presiding officer of this body, Hon. Will. Cumback, and his Excellency Governor Conrad Baker, wherein it is alleged that propositions of an improper nature touching the appointment of Lieutenant Governor Cumback to a prospective vacancy in the Senate of the United States, were submitted to Governor Baker, and by him indignantly repelled.
AND WHEREAS, No authorized denial of said charges has yet been made public.
AND WHEREAS, member of this body has declared in debate, in the presence of the Lieutenant Governor Cumback to say that so far as he is concerned all restraint and obligations of privacy as to said correspondence are removed and withdrawn therefore,
RESOLVED, That Governor Baker be requested to communicate to this body for its information all and any correspondence in writing, and the endorsement thereon, heretofore had by and between Lieutenant Governor Cumback and himself relative to the subject matter before mentioned.
In the discussion on Saturday, while the debate was progressing, the Lieutenant Governor himself, or any other person, could have gone down stairs and brought up the correspondence, and if there is nothing in it could have exploded these charges in ten minutes. And they could do it yet. If they fail to do it the Senate ought to look into it. The presumptions will be against it. It will not satisfy me, sir, that a public functionary says he is willing the world should know all that can be found out. When a charge is made against a member of this body I would expect him, if the information is in his power, and he stands above reproach, to present it to his friends. I hope the correspondence will come in some form before the Senate, if not voluntary, by the action of the body; and if it comes in the shape that is specifically charged, it will involve a matter of a grave character, and one in which, in some shape or other, this body should take action, regardless of any election outside of the spoils of office.
Mr. RICE. Mr. President: I had hoped that this resolution would have passed off today, by the good sense of the Senator from Daviess [Mr. Turner] withdrawing the resolution, and let the Senate go forward to the discharge of the duties devolving upon it and which we are especially pledged to do, as the Senator from Monroe says. I had hoped that the friends of the Lieutenant Governor, and I may say the friends of this Senate would not have been called upon to-day to enter into a further discussion of this resolution. As the Democratic party is not the father of it, and the responsibility as to the paternity of this resolution is now known to this Senate, it assumes a different aspect, but I have got to see the reason why the Senate of Indiana, at the very threshhold of the session, when important business is pressing--why a resolution of this kind should be thrust upon this body in disregard of all demands for legislation. I do not see why a resolution of this character should be introduced here when there is no senatorial candidate before us; and no person is authorized to name candidates for that body. What is this resolution? I take it from the papers.
[Mr. R. here read the resolution as printed on page 35.]
Who is taking charge of the interests and reputation of the Lieut. Gov. upon this floor? Who put that article in the paper? A friend of Mr. Cumback? Who thrust it upon this Assembly? A friend of Mr. Cumback? No sir. It comes from the opposite side of this Senate first, and after the war has been carried into Africa then it is assumed and justified upon this floor, and that by a gentleman pretending to be the special guardian of the Lieutenant Governor's prospects for the Senate of the United States. I say in all deference to the Senator from Monroe [Mr. Hughes] and his high abilities, and known reputation as a debater that I fail yet to see the reason why an imputation of this kind should be thrust upon this Assembly at this particular time. He says that it affects the reputation of the Senate--its dignity--and we can't let it go by; the Senate has got into possession of it, and page: 48[View Page 48] therefore it should be put through. Suppose any man puts in the papers a printed statement derogatory to the character of a member on this floor, and some Senator introduces a resolution of this kind, the argument then is, as the Senate has got hold of it, some fellow has put it into the papers, and some gentleman has introduced it on this floor, therefore it should be investigated. If this question affected either the Governor or the Lieutenant Governor in an official character, then the Senate could inquire justly into these facts; then the report could be run down and the facts elicited. But is there any charge against the Lieutenant Governor as to corrupt practices in the discharge of his duties as President of the Senate, or since he has been inaugurated into office? If that were the case then the gentleman from Switzerland was right yesterday when he said a Committee should be appointed to investigate the facts. But that is not the case. It comes up because the Lieutenant Governor is spoken of as a candidate for the United States Senate, and therefore the Senate should drag in his private correspondence. I ask the Senator from Monroe, or any other prominent politician if he would like to have his private correspondence paraded before the world? I say it is an insult, and I do not say it with any disrespect to the Senator from Monroe, to drag such a question as this before the Senate and require an investigation; and as far as my consent is concerned to let these facts come up, I stand where I did yesterday, and am not in favor of it.
Mr. CRAVENS, in explanation of the votes he was about to cast said: It is to be deplored that such resolutions as the one under consideration should be introduced, but it is far more to be deplored that there is any real or apparent cause for their introduction. My friend asks: Who has this measure here? I say the State of Indiana has it. Plow came it here he asks? A Senator on my right introduced it. That Senator is the peer of myself or the Senator from Parke [Mr. Rice] though in the minority here, and we have no right to question his motives. Is it a proper matter for investigation? My friend says it is a private correspondence. I deny it. All we know is it is a rumor, and if rumor affects the reputation of a public officer, that rumor is entitled to investigation at the hands of this body,which is the representative of the people.
Mr. RICE (interposing.) Would you trust that rumor to a Committee of the Senate, when there is no charge of impeachment?
Mr. CRAVENS. I propose to answer that. The publication in the newspaper is that a corrupt correspondence has been had with reference to a public matter; and that has come to us in no questionable form. A Senator on this floor brings in a resolution asking that this correspondence be had because it affects the character of not only one but two of the citizens of Indiana occupying the two highest positions in the State. I say the reputation of all the officers of State are matters that belong to us all; we are here to protect the reputation of those men, and we will be faithless to thai trust if we do not. It is no private correspondence as far as rumor is concerned.
Mr. GRAY (interposing.) When is it alledged to have taken place?
Mr. CRAVENS. I am ignorant as to that, my opinion is within the last year or eighteen months.
Mr. CHURCH called for the reading of the article in the newspaper, upon which the resolution was based.
Mr. CRAVENS. I will ask if any Senator has the newspaper article referred to.
Mr. Stein handed a copy of the Evening Mirror to Mr. Cravens, who passed it to the Secretary, requesting that officer to read, which he did as follows:
"Governor Conrad Baker has in his possession a letter which he cannot withhold from the public without doing gross injustice to every citizen who has the capacity to enjoy a good thing--a cheeky thing--an impudent thing. Its absolute raciness is something unapproachable. Hon. (Lieutenant Colonel that was, Major that is,) Will. Cumback also has in his possession a good thing--a sharp, tart thing, with a bit of sting in it--which he can not longer withhold from the public without a positive injustice to every one of his constituents who has the faintest appreciation of indignant humor and "sourcasm." Strange as it may appear, these two good things, out of which the public have been swindled by the over-sensitive scrupulousness of one party and the false modesty of another, are intimately connected with each other. One is a letter written by Hon. Major Will. Cumback to Governor Conrad Baker just before the February Convention, and the other is the Governor's reply. Mr. Cumback's letter to the Governor was a modest request that he withdraw from the contest for the Gubernatorial nomination, and take that for Lieutenant Governor, promising to get himself elected to the United States Senatorship and thus leave Baker Governor in fact, though not in name. Strange as it may appear; Governor Baker didn't see it in the same light as the Hon. Major who was once a Lieutenant Colonel for a short time, We regret to say that Conrad lost his temper, and, not being so much of a "Christian statesman" as the modest warrior who made the request, dd around quite briskly for a short time, and then wrote a very spicy letter in answer. We call for the publication of these two State papers Governor Baker holds Cumback's letter to be confidential. In fact page: 49[View Page 49] it was so marked. Therefore we entreat the modest warrior and Christian statesman to absolve him from the obligation. But the Governor's answer was not confidential, and he can do as he pleases with it. We call for its publication in any event, whether the modesty of honorable Will. is overcome or not."
Mr. HUGHES asked permission to make an explanation.
Mr. CRAVENS yielded the floor for that purpose and--
Mr. HUGHES said: I do not know that I ever read that article. I do not endorse it. I have said that I endorse the charge: So I do. and that is : that the Lieutenant Governor made a proposition to the Governor, in anticipation that a vacancy was about to occur in the United States Senate, that if he, the Governor, would appoint him, the Lieut. Gov., he, the Lieutenant Governor, then a candidate against the Governor, would withdraw and support him for that office. That is the charge I make before the Senate.
Mr. CRAVENS (resuming.) And I do not endorse the article read, nor any of it. If I know anything about the facts the article read by the Secretary was in part the foundation of the resolution, and it is the resolution that I propose to speak to. I was going on to say this: that it should not be regarded in the light of a private correspondence and for this reason: If the charge has any foundation, or is worthy of investigation, by whom has this correspondence been conducted, and about what? It certainly has not been by a private citizen directed to a private citizen. I know of no private citizen who has in his gift the filling of any public office. If I understand it, it purports now to be a letter written by the Lieutenant Governor, (by virtue of which office he is President of the Senate,) to the Governor of the State with reference to an office belonging to the Senate to be filled perhaps by that Governor. If this is a private correspondence then I do not know what a private correspondence consists of. It is wholly conducted by public functionaries, about a public office; and I say the people of the State should have an interest in their char-a right to an investigation.
In view of the facts, and of this being on this floor and it being my duty to sit in judgment, how shall I act to discharge my duty to myself and my constituents? Suppose I say by my vote that I wish this thing indefinitely postponed, what do I say? Why, that I am in favor of suppressing this investigation. This thing has gone upon the wings of the wind--the lightning has carried it all over the country, and what will be the result? Those who have heard of it, and know nothing of the facts, have a right to suppose things are infinitely worse than represented; therefore, if this Senate vote to suppress this investigation and say that this correspondence shall not be had--then we authorize everybody to infer that there is something corrupt and improper in this correspondence. I trust in God, when this correspondence comes to light, that not only Governor Baker but Lieutenant Governor Cumback will be fully, completely and entirely vindicated. There is another view of this case: Mr. Cumback is a prominent candidate for the United States Senate, and in all human probability this Legislature will commission him for that high office. There are Senators on this floor like myself, who know nothing about this correspondence except from rumor, and how will these Senators vote with these charges of corruption, impropriety, or whatever else you call it, ringing in their ears? Will they be discharging their duty when they vote for a man under such circumstances, and when they themselves vote for suppress this investigation? I say I would not be discharging my duty to myself, or to those I represent, in doing so.
I wish it investigated. If it is false let us say so to the world. If it be true we ought to be cautious where and upon whom we bestow the honors of the great State of Indiana. I say I trust, upon investigation, that this thing will be found false and without foundation; and for these reasons, without longer detaining the Senate, I propose to vote against postponement and in favor of the resolution. If the resolution had not been brought in here, and I had been consulted, with the lights I now have I would say Let it go; but as the public know that these charges are made, and still more, that a resolution has been before us proposing to investigate the charge, I say it would be unjust to them, unjust to ourselves, and unjust to the people we represent to push this thing out of the way, and pass over and cover it up.
Mr. TURNER. Mr. President: I desire to say as far as the article is concerned I never saw it. I did see a notice in another paper but not in the same style or terms. I desire to be consistent with my remarks on yesterday, and to be so I have to say that I did not know the resolution I presented had its paternity with the majority. Had I known it had its paternity there, perhaps I should not have presented it. The resolution was handed to me by those of my own faith.
Mr. CHURCH. Mr. President: I hardly thought of speaking on this resolution to-day, and probably would not except for some remarks dropped by the Senator from Jefferson, [Mr. Cravens.] My idea of what now ought to be done is just what he thinks if the resolution had not been introduced. He says if it had not been introduced, and he knew as much as he does now, he would say Let it go. page: 50[View Page 50] He is one of the gentlemen on this floor who is acquainted with the charge of corruption, if it he a charge, and yet if he knew all about it he now knows, and the resolution was not before the House he would say Let it go!
Apparently persons from a distance would think that this resolution originated with the friends of Mr. Cumback. But it is advocated by persons not friendly to Mr. Cumback.
Mr. Church read from the original resolution as follows:
WHEREAS, It has been published in one of the newspapers of this city that the Hon. Will. Cumback Lieutenant Governor elect, made certain corrupt and dishonorable propositions to his Excellency, Governor Baker, which were promptly declined; and,
WHEREAS, This charge is injuriously affecting the reputation and prospects of Mr. Cumback now a prominent candidate for the United States Senate.
Mr. CHURCH (continuing.) A friend of Mr. Cumback introduced this resolution because this charge is affecting his chances for an election to the United States Senate, would be the natural inference of a stranger. I now inform the Senator from Jefferson and the Senator from Monroe that Mr. Cumback and his friends will endeavor to take care of his reputation as a man and a statesman.
Mr. Church read from the resolution again as follows:
AND, WHEREAS, It is due to the Senate and parties implicated, that the facts of this case be known.
Mr. CHURCH. Due to the party implicated! I will inform these gentlemen that Mr. Cumback's friends will step in the breach and try to get what is due to the presiding officer of this chamber.
I would much prefer that this resolution should have emenated--as we have reason to presume it did--from the Democratic party because we all know that it has become a custom for politicians to be constantly endeavoring to charge that upon the other which would injure their prospects for office. We could have overlooked this had it come from that side but the child this morning comes from another parent.
This matter has been said to be charge against the Lieutenant Governor. Where an the charges? I have failed to see any charge here: [holding in his hand a copy of the Mirror newspaper from which the Secretary read the article printed in Mr. Cravens speech on page 48.] Such a paper would not have been filed in a court of Justice.
[Here Mr. Church read the Mirror article again.]
Yesterday I thought the Senate ought not to entertain this resolution for a moment. It is not claimed by any person advocating this resolution that there is anything official in it. But it is claimed by the Senator from Monroe that the Lieutenant Governor proposed to withdraw from the canvass and work in the ranks, that he might be appointed United States Senator. The Senator from Monroe comes with another--
Mr. HUGHES (interrupting.) There was another paper that charges the matter as I have stated. The charge is not endorsed in the shape set forth in the article just read.
Mr. CHURCH. I suppose a very near relative of the other presented this paper. I said yesterday that I do riot believe we have anything to do with the matters spoken of in this resolution. I do not know how much this might bring before the Senate about the wives and children of those who manage affairs at the head of this government. There might be something however small, like that between husband wife, that they might not want to come before the Senate. I am as ready to condemn any official misconduct as any gentleman.
I do not believe it would raise me in the opinion of anybody were I to declaim how honest I am in occupying this seat. When I act otherwise than as a Senator should; when I use my position in any manner not warranted in the charter, it will be time enough when charged to defend myself. I am not a candidate for office, but I can see how I could bu and retain a position upon this floor, and be honorable and honest.
The Senator from Monroe [Mr. Hughes] desires to change the whole issue. He don't rely upon the newspaper article, but comes in and produces a new bill of indictment, and even in that he does not charge anything officially wrong. The Senate has no right to consider the question. It is not claimed that either of the gentlemen were acting in an official capacity when the letters were written, or that it was an official letter. It is a private correspondence. I don't know what the letters may be or what there is in them. But how would the opposition like to have the Senate call for the correspondence that might page: 51[View Page 51] have taken place between Senator Hendricks and the chairman of the Democratic State Central Committee? or how would the gentlemen from Monroe and Jefferson, if they were active in the last campaign, like all their letters to the Republican Committee made public? When they file these letters alleged to be corrupt, with the signatures of the gentlemen attached, I for one will be willing to go into their investigation, and if they are found to be corrupt, as ready as any one to condemn them.
I am here as a Senator on my oath, and I do not find it necessary to announce the sincerity of my motives, or purity of my intention. Let my acts speak for that. The Senator from Jefferson [Mr. Cravens] says the lightning has carried these charges abroad, and I would reply to him, that not only that, but the lightning has carried back responses of indignant condemnation and protest against this attempt. If he goes outside he will find the condemnation of the public written upon every act connected with this matter. The lightning has been employed by some persons, but we have heard from the lightning? as it came back
Mr. CRAVENS (interrupting.) To whom does the Senator refer?
Mr. CHURCH. Not to him if the gentleman has not been employing it. I would not feel so delicate about this if the charges were not made against an officer of this body. There is one thing certain, the friends of the Lieutenant Governor have not been employing the lightning to scatter this. I allude to some persons on the floor or outside of it, unfriendly to the Lieutenant Governor. Now the gentleman asks, what will persons think who hear of our action? When the gentleman from Jefferson votes they will think he voted for the resolution, simply because it got in here in a manner he does not approve; while he himself announces-- and he is an honorable Senator--that if the resolution were not here, and he knew as much as he does now, he should lock the door against its introduction. When the Senator from Porter and Lake [Mr. Church] votes against the resolution, the people will know that he voted against it because the resolution as it now stands is wholly wrong and unjustifiable; and for the simple and plain reason that he does not believe the Senate has any business with it; that the Senate has no right, nor is it its duty to follow up side rumors in opposition papers however much the enemies of the government inside of the party may do it. So the Senator from Porter will vote to indefinitely postpone this resolution as the quickest way of disposing of a thing wrongfully here.
If I were to indulge in suspicions I should say that this resolution would not have been heard of, nor the matters contained in it, were it not that Mr. Cumback's chances for the Senatorship stood in the way of the personal and selfish ends of some gentlemen on this floor;-- if the friends of some persons anxious for the position had not been tolerably well satisfied that there is danger of his being elected.
Mr. GRAY. Mr. President: While I am as anxious to maintain the dignity of the Senate as any gentleman who occupies a seat on this floor, yet I do think we are giving this question much more consideration than it deserves, especially in the form in which it is before the Senate. The Senator from Monroe [Mr. Hughes] proposes to offer a resolution of a different character from the one before the Senate. We have a resolution that is based simply upon a newspaper article. It contains no specific charge against the Lieutenant Governor. It does not say when the communication was written. It does not say it was while he occupied the chair, presiding over the Senate. It does not alledge anything against the official character or dignity of the presiding officer of the Senate. It is simply grounded upon the fact, and that fact asserted as having grown out of a rumor, that the Lieut. Gov. made a proposition to the Governor about who should occupy his place upon the ticket in the political race about to come off. That is a common thing among political men. Suppose I should have written a letter to some man saying "If you will draw off the track and allow me to be a candidate for the State Senate, I will do all I can to help you to Congress;" now after I am elected is it worthy the consideration of this body how I conducted that correspondence.
As long as the resolution remains as it does now I shall vote for indefinite postponement; and I, as a Senator anxious to maintain the dignity of the Senate, am not afraid to take that responsibility. To take a proposition of this kind and demand that the Governor shall furnish that correspondence upon the basis of this resolution, is something I cannot do. I have no doubt it is against his wishes to bring a private correspondence between these two gentlemen before the Senate and the world. It being purely of a private character, I repeat we are giving it more consideration than it deserves. I think there is business of the people of the State demand shall be prosecuted by us of much more consideration than this. Why, sir, if the Senate is to inquire into the private character and standing and private correspondence of every one who aspires to the position of United States Senator, we will have a very considerable amount of business upon our hands. There is nothing to hinder any Senator here from introducing a resolution of inquiry into the private affairs of every man mentioned in connection with that high position. Shall the Senate consume its time in that way? Shall we make such in- page: 52[View Page 52] quiries, especially when the resolution is founded simply upon idle rumor, taken from a newspaper of the opposite party, and that published during the heat and strife of a canvass? I am not afraid as a Senator to vote for indefinite postponement.
Mr. ANDREWS. I have been a silent listener and acknowledge to some change having come over my mind in regard to the resolution under discussion. When it was first introduced I thought it savored too much of party, and was not therefore strictly entitled to the consideration of the Senate, consequently I was disposed to vote against it but now, sir, no matter what the motive for the introduction of it, after all that has been said upon it, and especially after the Senator from Parke, as a special friend of the Lieutenant Governor, has removed all obligations of secresy upon Governor Baker, and declared here that the Lieutenant Governor has said nothing in that correspondence but what he is willing should be published to the world. I am disposed to vote in favor of the resolution, and shall therefore vote against the indefinite postponement of it. If we now, at this stage of the proceedings, suppress the investigation and refuse to publish the correspondence, there are many who will think there is much more in it than what there really is. They will imagine many prejudicial things, and much to the prejudice of the parties concerned.
For my own part I am not as particularly acquainted, personally with either the Governor or the Lieutenant Governor, as many Senators, but I feel toward them no other sentiment than that of respect and friendship, and I imagine there will be nothing found that is really unfavorable to them; nothing that is prejudicial to the character of either the Governor or the Lieutenant Governor in the whole matter, therefore I think we owe it in justice both to the Governor and the Lieutenant Governor, and in justice to ourselves as their friends, to call for this correspondence and let the publication be made, that the world may know all about it. If there is anything in it that is reprehensible and that concerns the public, the public ought to know it and act advisably. If there is nothing in it that concerns the public, I imagine the public will pass it by with indifference, and would have no unfavorable effect upon the parties concerned. I say let the publication be made.
Mr. HUGHES. Mr. President: Presuming the vote on this motion will be a test vote, I beg leave to say a very few words more. I desire to vote for this investigation, but I do not wish to be compelled to do so in the form of the original resolution, though, rather than stifle investigation I would vote "aye" for that resolution. But I think it due to the Senate to put our inquiry in the most acceptable terms, therefore I desire to see the motion to indefinitely postpone voted down so the resolution can be amended.
Mr. President, there was a good deal said by a gentleman who spoke by authority of the Lieutenant Governor, about friends and enemies, and parties on one side or the other. I have not spoken in this discussion as the enemy of the Lieutenant Governor nor as his friend. I speak as a Senator upon this floor, representing a constituency, and I shall not permit myself to be inspired in the discharge of my duties with the friends or the enemies of any man.
As to the paternity of this resolution I know very little about it. The first time it was presented to me, not liking its phraseology, I declined to present the original resolution. I know it originated in the Republican party, There is no charge of conspiracy that need alarm the Lieutenant Governor's friends about this matter that I am aware of. I regret the defense,the opposition to the proposition-made by his friends, as to the admission of the truth of the charge in the form which I have stated it. Has one single gentleman rising on that side of the House denied the truth of the charge? Not one. Not one but what pleads abandonment or dilitory motions.
Now the question comes to this: Conceding the charge to be true, does the Senate consider it unworthy of its vote? If we do, we might just as well indefinitely postpone it. Then the Senate will have said to the world: A charge of this character is one we do not choose to investigate. What is the charge? That the acting Lieutenant Governor of the State addressed a letter to the Governor of the State, proposing that if the Governor in the exercise of one of the highest official acts of his office to-wit: the appointment of a United States Senator; would trade for that appointment, he could secure his nomination for Govornor. I believe the charge is true, and I presume every Senator here does; and if the friends of the Governor on this floor have availed themselves of information within their reach they know the charge to be true.
Mr. RICE (in his seat.) I do not believe it.
Mr. HUGHES. Ten minutes of time and a request of Mr. Cumback would bring these papers from the Governor.
Mr. CHURCH (interposing.) By what authority would he deliver them?
Mr. HUGHES. By the authority of common sense. [Laughter.] I presume Governor Cumback has rights in this correspondence and I presume Governor Baker is a just man and would not withhold the correspondence from him. If no other Senator desires to discuss this matter
Mr. STEIN. Mr. President: It was not page: 53[View Page 53] my original intention to speak either on the resolution or the pending motion, but as I am to be called upon in, a few minutes to cast a vote, and a vote which happens to be a test vote upon this question, and as within the last few minutes I have been implicated in the delivery of a newspaper from which premises might arise, I will ask the indulgence of the Senate for a few minutes.
With reference to the newspaper handed to the Senator from Jefferson, [Mr. Cravens,] alluded to by the Senator from Porter, [Mr. Church,] it was handed to me this morning by a young gentleman, and I retained possession of it, and happened to have it when called for. I am aware that it is not the only paper that alluded to the subject;--that other newspapers have made it the subject of remark, I anticipated that the resolution would create an embarrassing discussion.
Old friendships are still in existence here, and other considerations have tended to make this a matter of embarrassment. I was relieved when the Senator from Parke announced in the name of Mr. Cumback, that the Governor was at liberty to divulge any correspondence between him and Mr. Cumback in reference to this matter. This being done by the principal parties, for I perceived Mr. Cumback in the room and near the Senator, we were relieved from the further discussion of this question. I imagine all the debate which has sprung up has originated in the self-contradictory positions assumed by those friends opposing this resolution. While by their mouths they declare the door is open, they say they will oppose our advance to the door. If they are obeying the wish of their principal in the first instance, they are disobeying him in the last. The two propositions which they advance before the Senate are self-contradictory. They cannot say that they desire this correspondence published and at the same time lock the door which would give access to it.
The question is argued upon the grounds of delicacy and power. My relations with the Lieutenant Governor, have been of the most pleasant kind, but what has mere delicacy to do with the calling out of this correspondence? and what limit is there to our power over this question? It is denied that we have a right to do this thing. Have we not all the omnipotence of the English Parliament in our hands except as limited by the constitution of this State and of the United States? Show me the word that limits our power in this matter. Show me the precept of parliamentary law that limits our power in this matter. It is my understanding that we have the right to call upon any officer of the government for anything that will enlighten our minds upon our duty.
Mr. CHURCH (interposing.) Does the gentleman believe that this Senate has the power of calling for the confidential communications from a gentleman to his wife?
Mr. STEIN. That is a question outside of the Senate. Who talks about confidential communications? Does the resolution refer to any confidential communications? If it was a confidential correspondence that will appear in answer to the resolution.
Mr. HUGHES (interposing.) Does not the gentleman understand that this confidential character has been distinctly waived?
Mr. STEIN. I do. I understand that express liberty has been given to the Governor to disclose it. Every man has his own standard of honor. In the course of a few days we will be called upon to elect a successor to the Hon. Thomas A. Kendricks. Is it not pertinent to that business to know something of this charge? It occurs to me that it is. And if the correspondence is of the character charged, I deny that it is private.
I cannot solicit the Governor for office except upon high and honorable grounds. It is charged that there has been an inducement offered to the appointing power, personal to the appointing power, seeking to beguile the appointing power to confer something upon the applicant for a consideration.
I desire to have it distinctly understood by Senators that I talk upon my own individual responsibility as a Senator of Indiana. I desire no person to be held responsible for what I say. I am aware it is well known that I have my choice among the candidates for the high office of United States Senator. It is at no instigation of any candidate that I act in this matter. From the first I have been known to espouse the individual interest of one gentleman. I say this because I think it likely that my motives will be misunderstood and misrepresented.
It is not much of a compliment to me,but I desire to say that I am individually responsible for what I say. From an early age I have held myself my own master. I stand here as a Senator of Indiana, and a representative of the Republican party, and in the words of the Senator from Whitley, [Mr. Hooper,] I say the Republican party cannot smother this inquiry and acquit itself with honor. These walls fade away from me, and the two millions of people of Indiana look upon me; the eyes of the people whose servant I am are upon me, and the people of Indiana are the tribunal to which we hold ourselves amenable. I am not afraid to face the people with the vote I propose to deliver to-day. I shall vote against postponement and for the amendment of the gentleman from Monroe [Mr. Hughes.] I hope my friend [Mr. Cumback] page: 54[View Page 54] will come out with clean garments from this inquiry.
Mr. GRAY. Mr. President: Like the Senator who has just had the honor of addressing the Senate, I speak for myself. I am not here as an advocate in this matter for either the Governor or the Lieutenant Governor. We have just been told by the gentleman, or, rather, it was a re-utterance of the words of the Senator from Switzerland, that the Republican party cannot afford to smother this thing up. Now if these gentlemen are honest in this declaration, and I suppose they are, I would like to ask the gentleman who has just addressed the Senate why was it necessary that the Democratic party should introduce that resolution into this body? Was there not ability enough among Senators who have this matter in their keeping to present this resolution? Were they not sufficiently acquainted with parliamentary law to do it? Did they not sufficiently understand their rights here? Why, I ask, did they not introduce the resolution? Why was it handed over into the hands of the Democratic Senators? Why was the keeping of the honor and dignity and faithfulness of the Republican party handed over into the keeping of one of our Democratic friends? I think the Republican party was abundantly able to take care of its own reputation as a party, and also the reputation of its candidates.
Now, sir, let us look a little farther into this question. This article published in a newspaper, and which has undoubtedly been the cause of bringing this question before the Senate, was reproduced the other day in a Democratic paper in this city. Why was that? Why was it republished--an article that was published in the last campaign? Why, that it might be the means of aiding gentlemen in introducing this resolution.
I am going to vote for indefinite postponement for this reason: If we pass this resolution we set a precedent here. If we have the power to draw forth the private correspondence of any Senator here simply by introducing a resolution, I want to know if there is a Senator here to-day, that has any private correspondence safe from exposure. In the contest between Clay and Adams there was a disposition to draw out private correspondence but it was not done.
Mr. SHERROD. Mr. President: I think the debate has taken a wide range, but as I shall be called upon to give my vote on this question I desire to make a single remark in explanation. It is not a question with me whether this matter is before the Senate justly or unjustly. It is here, and as has been justly remarked by the Senator from Whitley [Mr. Hooper] we cannot smother this question. I have the highest respect for the Lieutenant Governor. He is a courteous gentleman and an elegant presiding officer. My relation with him are of the best character, but as a friend of that gentleman I would say to him it will not do for his friends to cover up this tiling in its present shape.
The Senator from Randolph [Mr. Gray] alluded to the affair between Henry Clay and Adams, What was the conduct of Mr. Clay in that affair? He came into the United States House of Representatives and demanded of that body an investigation. He called for a Committee of his political enemies, and what was the result? There was an investigation had and Henry Clay was acquited.
I cannot agree that these charges are true. I do not believe they are, though some Senators have intimated very strongly that they are. But whether true or not, I would say to the Lieutenant Governor, to demand an investigation, send it out to the country, and vindicate his honor before the Senate and the world, I have no party feelings in this matter--none in the world--but as a Senator I feel it due to the honor of this body, and to its presiding officer that this foul charge be hurled back.
Mr. CHURCH (interrupting.) Does the gentleman allude to the charge in the Evening Mirror?
Mr. SHERROD. No, sir. And I will say that that paper is neutral in politics. The principal owner of that paper is a straight out and out Radical or Republican, which ever you choose. No, sir; I take the question as it is before the Senate; the Senator from Monroe [Mr. Hughes] makes this charge direct, yet I say I hope it is not true and that our presiding officer will be vindicated. This question can be settled in a few moments. If Mr. Cum back is innocent, let the country know it; if guilty let the country know it. I shall vote for the resolution.
Mr. HAMILTON. Mr. President: As a junior member I have but little disposition to take part in this discussion, but I feel it due to myself to review some of the arguments brought to bear upon this question. The fact that Senators do not defend the way this resolution got in here is of itself enough to justify its being kicked out. Mr. H. argued against the investigation of charges founded merely on rumor; introduced an incident which transpired in the canvass made by him last fall of a very amusing character, and resumed his seat amid roars of laughter.
The motion to indefinitely postpone the resolution was then rejected by yeas 20; nays 25, as follows:
YEAS--Messrs. Armstrong, Bellamy, Case, Caven, Church, Colley, Elliott, Gifford, Gray, Hadley, Hamilton, Houghton, Jaquess, Johnson of Spencer, Lasselle, Rice, Robinson of Madison, Robinson of Decatur, Scott and Wood--20.
NAYS--Messrs. Andrews, Beardsley, Bradley, Car-
page: 55[View Page 55]son, Cravens, Fisher, Fosdick, Green, Henderson, Hess, Hooper, Huey, Huffman, Hughes, Humphreys, Johnston of Montgomery, Kinley, Lee, Morgan, Reynolds, Sherrod, Stein, Taggart, Turner and Wolcott--25.
Pending the roll call--
Mr. COLLEY, in explanation of the vote he was about to cast, said: I shall vote "aye," but my mind was yesterday and is still, that to do justice to everybody concerned we should have peremptorily returned this paper from where it came unceremoniously.
So the motion to indefinitely postpone did not prevail.
Mr. CHURCH asked and obtained leave to withdraw his amendment.
[Leave of absence was asked and obtained for Mr. Hanna and Mr. Bird.]
Mr. HUGHES offered the following amendment:
WHEREAS, One of the newspapers taken by this body and daily laid upon the desks of its members, has specifically charged that some written correspondence of an improper and corrupt character has taken place between the late acting Lieutenant Governor, and now presiding officer of this body, Hon. Will. Cumback, and his excellency Governor Conrad Baker, wherein it is alleged that propositions of an improper nature touching the appointment of Lieutenant Cumback to a prospective vacancy in the Senate of the United States, were submitted to Governor Baker, and by him indignantly repelled.
AND WHEREAS, No authorized denial of said charges has yet been made public.
AND WHEREAS, A member of this body has declared in debate, in the presence of the Lieutenant Governor, that he was authorized by Lieutenant Governor Cumback to say that as far as he is concerned all restraints and obligations of privacy as to said correspondence are removed and withdrawn: therefore,
RESOLVED, That Governor Baker be requested to communicate to this body for its information all and any correspondence in writing, and the endorsements thereon, heretofore had by and between Lieutenant Governor Cumback and himself relative to the subject matter before mentioned.
Mr. HUGHES demanded the previous question, and the demand being seconded by a majority of the Senate. Under its operation the amendment was agreed to by yeas 26, nays 19, as follows:
YEAS--Messrs. Andrews, Beardsley, Bradley, Carson, Cravens, Fisher, Fosdick, Green, Henderson, Hess, Hooper, Huey, Huffman, Hughes, Humphreys, Johnston of Montgomery, Kinley, Lasselle, Lee, Morgan, Reynolds, Sherrod, Stein, Taggart, Turner and Wolcott--26.
NAYS--Messrs. Armstrong, Bellamy, Case, Caven, Church, Colley, Elliot, Gifford, Gray, Hadley, Hamilton, Houghton, Jaquess, Johnson of Spencer, Rice, Robinson, of Madison, Robinson of Decatur, cott and Wood--19.
Pending the roll call--
Mr. BELLAMY, when his name was called said: I desire to offer a substitute for this amendment. I believe there is nothing charged in that amendment but that the Lieutenant Governor asked the Governor to give him an appointment to an office in which there was no vacancy and when there was nothing to give. There was no appointment to be made but he said something to the Governor about the office, and. therefore we are to adopt this resolution. I vote "no."
So the amendment was agreed to.
The resolution, as amended, was adopted upon a division--affirmative 25; negative not counted.
Lieutenant Governor Cumback resumed the chair.
Mr. Hooper gave notice that, to-morrow, he would move to amend the eighth standing rule of the Senate, so as to provide for the appointment of a standing committee on the House of Refuge.
STANDING COMMITTEES.
The Lieutenant Governor, With the consent ot the Senate I desire to announce the standing committees of the Senate.
They were read by the Secretary, as follows:
On Elections--Messrs. Robinson of Madison, Scott, Case, Stein, Howk, Taggart and Reynolds.
On Finance--Messrs. Wolcott, Gray, Jaquess; Morgan, Turner and Fisher.
On the Judiciary--Messrs. Caven, Rice, Robinson of Madison, Hanna, Howk, Scott and Stein.
On Education--Messrs. Bellamy, Kinley, Carson, Wood, Stein, Hanna and Turner.
On Benevolent Institutions--Messrs. Church, Green, Reynolds, Bradley, Rice, Gifford and Huffman.
On Agriculture--Messrs. Reynolds, Johnson of Montgomery, Robinson of Decatur, Lee, Gifford, Humphreys and Jaquess.
On Roads--Messrs. Robinson of Decatur, Armstrong, Huey, Hess, Andrews, Johnson of Montgomery, and Johnson of Spencer.
On Corporations--Messrs. Rice, Gray,Green, Hooper, Hanna, Sherrod and Carson.
On Banks--Messrs. Gray, Wolcott, Hooper, Hamilton, Fisher, Sherrod and Morgan.
On Manufactures--Messrs. Armstrong, Beardsley, Andrews, Johnson of Spencer, Henderson, Lee and Sherrod.
On Public Printing--Messrs. Fisher, Hadley, Beardsley, Colley, Taggart, Lasselle and Humphreys.
On Public Buildings--Messrs. Houghton, Colley, Fosdick, Bellamy, Huey, Lee and Sherrod.
On Prisons--Messrs. Andrews, Armstrong, Houghton, Jaquess, Denbo, Smith and Johnson of Spencer.
On Canals and Internal Improvements Messrs. Cravens, Hughes, Smith, Fisher, Howk, Armstrong and Wood.
On State Library--Messrs. Wood, Fisher, Bellamy, Henderson, Huffman, Andrews and Bird.
On Town of Indianapolis--Messrs. Green, Fosdick, Hess, Turner, Taggart, Elliott and Huey.
page: 56[View Page 56]On Claims--Messrs. Jaquess, Hess, Cavin, Denbo, Hooper, Bradley, and Johnson of Montgomery.
On Military Affairs--Messrs. Hadley, Jaquess, Kinley, Bird, Hamilton, Sherrod and Lasselle.
On Phraseology, Arrangement of Bills and Enrolled Bills--Messrs. Hooper, Colley, Denbo, Hadley, Hanna, Howk and Robinson of Madison.
On Unfinished Business--Messrs. Elliot, Cravens, Green, Fosdick, Carson, Henderson and Turner.
On Organizations of Courts--Messrs. Stein, Robinson of Madison, Scott, Green, Smith, Denbo and Hanna.
On Federal Relations--Messrs. Scott, Robinson of Decatur, Cravens, Reynolds, Gifford, Humphreys and Lasselle.
On Expenditures--Messrs. Hughes, Kinley, Houghton, Armstrong, Beardsley, Henderson and Lee.
On Swamp Lands--Messrs. Hess, Gray, Hadley, Hamilton, Case, Lasselle and Huffman.
On Temperance--Messrs. Kinley, Rice, Church, Robinson of Decatur, Taggart, Armstrong and Bradley.
On County and Township Business Messrs. Case, Colley, Hughes, Jaquess, Gifford, Lee and Denbo.
On the Rights and Privileges of the Inhabitants of the State--Messrs. Johnson of Spencer, Caven, Hughes, Stein, Carson, Huffman and Bradley.
On Emigration--messrs. Fosdick, Church, Johnson of Spencer, Huffman, Lee, Henderson, Andrews and Scott.
On Congressional Apportionment--Messrs. Hamilton, Robinson of Madison, Hess, Case, Church, Scott, Morgan, Denbo, Cravens, Elliott and Hadley.
On Legislative Apportionment--Messrs. Colley, Green, Bird, Beardsley, Reynolds, Hughes, Jaquess, Sherrod, Gifford, Robinson of Decatur and Stein.
Mr. BELLAMY offered the following resolution which was adopted:
RESOLVED, That a Committee of three be appointed to refer the Governor's message to appropriate Committees.
The LIEUTENANT GOVERNOR makes the Committee to consist of Messrs. Bellamy, Fosdick and Sherrod.
BILLS FOR ACTS.
The following described bills were introduced, read the first time and passed to the second reading:
By Mr. CARSON, [S. 3] to repeal section 1 of an act in relation to the applying of certain funds therein named to the payment of public debt and raising revenue for the support of common schools, approved March 9, 1861, and to legalize all taxes levied and assessed under the provisions of said act.
By Mr. JOHNSON of Spencer, [S. 4] authorising the Superintendent of Public Instruction to adopt a uniform system of book keeping for township trustees.
By Mr. REYNOLDS, [S. 5] to amend the first section of an act entitled "An act to declare abandoned certain unfinished railroads, and to provide for their completion; to declare forfeited the franchises of certain railroad companies, and for the assessment of the value thereof; for the organization of new companies and for making annual settlements, approved March 11, 1867," and the failure of any companies to have formed the preliminary organizations contemplated by the first section of an act entitled "An act to provide for the organization of railroad companies, approved May 11, 1852," shall not invalidate such organizations if otherwise in conformity to law.
By Mr. JOHNSTON of Montgomery, [S, 6] an act to authorize appraisers of real estate to appoint deputies and legalize appointments already made, and to fix the pay of appraisers and depuiies.
By Mr. BELLAMY, [S. 7] an act to fix the compensation of appraisers of real estate, authorizing the appointment of deputies, extending the time for making such appraisement, making the appraisement of 1863 the basis of taxation until said appraisement is completed, and repealing all laws in conflict therewith, and declaring an emergency.
By Mr. ARMSTRONG, [S. 8] an act declaring prize fighting a felony, and providing punishment therefor (including reporters and other lookers on.)
By Mr. HUFFMAN, [S. 9] an act to amend section 27 of an act to provide for a general system of common schools, the officers and duties, and matters properly connected therewith, and prescribing the fees for certain officers therein named, and for the establishment and regulation of township Libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed, approved March 6, 1865.
By Mr. HUMPHREYS, [S. 10] an act to repeal an act entitled "An Act providing for the redemption of real property, or any interest therein, sold on execution or order of sale, and providing for the issuing of certificates of purchase in such cases, and the execution of conveyances, and repealing all laws in conflict therewith, approved June 4, 1861.
And then--
The Senate adjourned till two o'clock p, m, to-morrow.
