IN SENATE.
TUESDAY, April 26, 1869. April 27, 1869.The Senate met at 10 o'clock A. M., pursuant to adjournment-the Lieutenant Governor in the chair.
On motion by Mr. ROBINSON, of Madison, the reading of the Secretary's minutes of Saturday was dispensed with.
On motion by Mr. KINLEY, the report of the Prison Committee the order for this hour-was made the special order for tomorrow at 10 o'clock.
THE DIVORCE LAW.
On motion by Mr. CASE, his bill [S. 316] relative to the residence of parties plaintiff, and regulating summons of defendants to divorce cases, &c., was pressed to the final reading, under a dispensation of the Constitutional restriction, and passed the Senate by yeas 32, nays 0.
On his further motion, his bill [S. 317] to provide against fraud and corruption in procuring divorces in this State, &c., was read the third time.
Mr. CHURCH thought this bill would only thicken the difficulties of our divorce laws, and consequently withheld his support.
Mr. HOOPER also opposed its passage.
The bill passed the Senate by yeas 31, nays 7.
GERMAN IN THE COMMON SCHOOLS.
On motion by Mr. BELLAMY, the bill [H. R. 62] to amend section 147 of the Common School Law of March 6, 1865, authorizing the German language to be taught in the common schools, when the parents or guardians of twenty-five pupils shall require it, was taken up.
On motion by Mr. CAVIN, the constitutional restriction was dispensed with, in order that the bill may be pressed to its final reading.
page: 113[View Page 113]Mr. FISHER moved to strike out the words "twenty-five," and insert a provision lieu that it shall require a majority to demand that the German language shall be taught in the public schools. He thought the bill was wrong in this particular. The majority should always govern.
Mr. BELLAMY resisted the amendment, and stated reasons why he thought it should be rejected.
Mr. HADLEY believed the amendment would defeat the whole object of the bill, and spoke in favor of the passage of the bill without the amendment.
Mr. FISHER regarded it as wrong to allow five or six parents to control several hundred in this matter. He was willing to vote for a provision allowing German schools to be established, but unwilling to allow this demand by so small a minority; and that, too, when it may effect the usefulness of an entire school by compelling the Trustee to hire a German teacher who is not as well qualified as he should be in other branches required to be taught.
Mr. MORGAN considered the German language a great acquisition, and was decidedly in favor of the bill. He thought a German teacher might be called in from time to time to teach this class.
Mr. CAVIN would regret to see this amendment adopted. The German population compose almost one-third of our population, and such a measure as this is due them. He urged the passage of the bill, referring repeatedly to the fact that numerous petitions had been presented here, from time to time, in favor of such a measure.
Mr. CARSON, while in favor of the pending amendment, proposed to still further amend by adding a provision including the French language.
Mr. CRAVENS fully sympathised with the object proposed by the bill, but objected to the mode prescribed. It proposes to change somewhat the character of our common school education, the greatest object of which is a national system of education. He would be willing to see the German and even the French language incorporated as a branch of study in the higher schools the State University for instance. He favored the general principle running through the whole frame work of our Government - that a majority should rule-and consequently hoped the amendment would be adopted.
Mr. CHURCH favored the bill because an acquisition of the German language was more important to our children than any other, excepting the English language only. He did not regard the bill as allowing any of a majority by five or six guardians or parents; because the others need not avail themselves of the German branch unless desirable. He regarded this as an important measure, and hoped the amendment would be voted down.
Mr. CARSON, as he understood it, did not think the amendment was the thing wanted by the German population of the State. They preferred to manage the German department themselves, as he had been informed.
Mr. CAVIN did not think they wanted either a separation of the fund, or a separation from the children in our common schools. He spoke again in favor of the passage of the bill, and against the amendment, arguing that you must adapt legislation to the character of your population.
Mr. TURNER opposed the amendment, and favored the passage of the bill, because of the benefits that would inure to the whole public. He regarded the knowledge of the German language as an accomplishment; and for these reasons alone was desirous to see the measure passed.
Mr. BEARDSLEY demanded the previous question.
The demand was seconded by the Senate, and under its operation-
The amendment was rejected.
Mr. CARSON made several ineffectual motions to get his amendment, including the French language, before the Senate.
The bill was then read the third time, and finally passed by yeas 37, nays 3.
Mr. CARSON explaining that he voted for it as the best thing he was able to do under the circumstances.
Mr. CRAVENS voted "no," and in explanation said he did so in the hope that he might yet be able to offer a proposition, embodying his views-distinctly stating, however, that he was favorable to the main object of the bill.
Mr. JOHNSON of Montgomery, voted "no," because this bill would nesessarily interfere with school matters all through the several counties in a way that would prove embarrassing and detrimental to the present system.
GENERAL APPROPRIATION BILL.
On motion of Mr. WOLCOTT, the House amendment to the General Appropriation Bill, reducing the appropriation of the Senate for an engine room at the Northern State's Prison from $5,000 to $2,000,' was taken up. He moved that the Senate adhere to its amendment.
Mr. FISHER and Mr. CHURCH were satisfied that $5,000 was not too much.
Mr. SMITH was of the opinion that $2,000 was not sufficient and $5,000 was too much. $4,000 is ample.
On motion of Mr. HANNA' the Senate concurred in the House amendment.
And then the Senate took a recess till 2 P. M.
page: 114[View Page 114]AFTERNOON SESSION.
A call of the Senate was ordered and continued till 42 members appeared and answered to their names, when-
On motion of Mr. CHURCH, further proceedings under the call were dispensed with.
THE BAKER-CUMBACK CORRESPONDENCE.
Mr. RICE called up the special order, viz.: his resolution of Friday last to expunge from the Senate journal the resolutions relating to the Baker-Cumback correspondence-and demanded the previous question thereon.
The demand for the previous question was demanded by the Senate-20 to 7-and under its operation the resolution was passed by yeas 35, nays 8-as follows:
YEAS-Messrs. Andrews, Bellamy, Carson, Case, Caven, Church, Denbo, Eliott, Clifford, Gray, Hadley, Hamilton, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Jaquess,Johnson of Spencer, Johnston of Montgomery, Laselle, Lee, Montgomery, Morgan, Rice, Robinson of Madison, Robinson of Decatur, Scott, Sherrod, Smith, Taggart, Turner, Wolcott, and Wood-35.
NAYS-Messrs. Beardsley, Cravens, Fisher, Fosdick, Hess, Hooper, Kinley, and Reynolds-8.
Pending the roll call-
Messrs. Cravens, Fisher, Hamilton, Hanna, Hooper, Humphreys, Johnson of Montgomery, Kinley, Lee, Morgan, Rice, Robinson of Madison, Sherrod, Smith and Turner, each made remarks in explanation of their votes, as their names were called.
The PRESIDENT pro tem. [Mr. Gray in the Chair] announced the special order-being the bill [S. 282] defining and prescribing punishment for libel; which was read the third time.
On motion by Mr. ROBINSON, of Decatur, it was laid on the table.
BOUNTY FUNDS.
The bill [H. R. 40] to enable County Commissioners to demand or sue for any unexpended bounty fund not accounted for, was read the second time.
On motion by Mr. MORGAN, the Constitutional restriction was dispensed with, the bill was read the third time, and finally passed the Senate by yeas 36, nays 2.
INTEREST ON JUDGMENTS.
The bill [H. R. 14] to amend section 3 of the act regulating interest on money was read the second time and passed to the third reading.
NEGROES IN THE PUBLIC SCHOOLS.
The bill [H. R. 113] to render taxation for common school purposes uniform and to provide for the education of colored children, was read the second time with a committee amendment that colored children shall be admitted in the same room with white children, where no objection is made.
Mr. CARSON moved to amend the committee amendment by providing that the colored children shall be excluded whenever any objection is made.
Mr. CRAVENS did not like the amend-merit. It seems to be an outrage to tax the parents of black children, and yet allow them to be excluded by the objection of probably not more than two or three. He moved to lay the amendment on the table.
The motion was agreed to yeas 20, nays 18-as follows:
YEAS - Messrs. Andrews, Beardsley, Bellamy, Case, Church, Cravens, Eliott, Fisher, Fosdick, Gray, Hamilton, Hess, Hooper, Johnson of Spencer, Kinley, Reynolds, Robinson of Madison Robinson of Decatur, Scott and Wood-20.
NAYS-Messrs. Carson, Denbo, Gifford, Hanna, Henderson, Howk, Huey, Huffman, Humphreys, Jaquess, Johnson of Montgomery, Laselle, Lee, Morgan, Rice, Sherrod, Smith and Taggart-18.
Mr. SCOTT desired to see the bill perfected so that the schools for blacks shall be entirely separate from the schools of white children. He desired to avoid all trouble and neighborhood excitements on this question. Where you join the two schools together they will not harmonize in the section of country represented by him. The way is open, plain and direct to provide for separate schools. The change proposed in the amendment to the bill is a slight one; but when it comes to a neighborhood where there are but three or four colored children the question will come up and be decided whether the blacks shall attend the schools with the whites or not. Whereas, if there were colored schools organized separately, the blacks would not try to get in the white schools, and you would never hear of any trouble on that score. He would like to see the amendment laid on the table.
Mr. BELLAMY thought the amendment fair and reasonable. According to the bill whenever any one objects, even after the black children are admitted to the public school, the Trustee must exclude them.
Mr. SCOTT could not see where the power would come from to exclude black children after they get in the white school.
Mr. CRAVENS asked where the law can be found that will exclude the child of any citizen in the State from the public schools, without regard to race or color.
Mr. GRAY and Mr. BELLAMY thought that even after the blacks were in the school and objection should be made, the amendment would cause them to be excluded by the Trustee, on demand of any one.
Mr. MORGAN was willing to vote to tax his constituents so that colored children shall have the privilege of the school fund, but could not vote for any bill looking to the mixing of the races. He would do as much for the colored people, according his means and influence, as any one; would vote for no bill that would encourage hard feelings or disturbances of any kind. The races should be kept distinct. We are page: 115[View Page 115] disposed to give them all the rights the constitution and laws guarantee them, but not willing to take them into our houses or into our schools.
Mr. HAMILTON saw no injustice in the amendment, and hoped it would prevail.
Mr. KINLEY. It is unconstitutional and unjust to exclude the child of any citizen of the State from the public schools. He should vote for the amendment in order to get the bill a little more humane; but should vote against the bill on Constitutional grounds.
Mr. CARSON moved to lay the amendment on the table.
The motion was agree to by yeas 20, nays 18 - as follows -
YEAS-Messrs. Carson, Gifford, Gray, Hanna, Henderson, Howk, Huey, Huffman, Humph-rev Jaquess, Johnson of Spencer, Johnson of Montgomery, Lee, Montgomery, Morgan, Rice, Scott, Sherrod, Smith, Taggart.-20.
NAYS.-Messrs. Andrews, Beardsley, Bellamy, Case, Caven, Church, Cravens, Elliott, Fisher, Fosdick, Hamilton, Hess, Hooper, Kinley, Reynolds. Robinson of Madison, Robinson of Decatur, Wood.-18.
Mr. GRAY, when his name was called, in explanation of his vote, objected to the amendment, because it allowed any person in a school to object to a child's attendance because of its dark skin.
Mr. HANNA moved to amend by providing that of the moneys collected by taxation for school purposes in any township, no greater sum shall be expended in support of colored schools than shall have arisen from the assessment of the property of colored people.
Mr. ROBINSON, of Madison, moved to lay the amendment on the table.
The motion was agreed to by yeas 25, nays 14.The bill was then passed to the third reading.
The bill [H. R. 50] to amend the city and town incorporation act, coming up-
Mr. ELLIOTT desired to pass it now, so that cities and towns which have elections coming off soon may avail themselves of we benefit of this bill.
It being read the second time-
On motion by Mr. ELLIOTT the constitutional rule was dispensed with, the bill read the third time and finally passed by yeas 33, nays 5.
The bill [H. R. 132] to enable cities to aid the construction of railroads and water powers, was read the second time.
Mr. ROBINSON, of Madison, moved to amend by inserting the words "Hydraulic Companies" in the proper place.
The amendment was agreed to.
|The bill [H. R. 322]for the perfecting of railroad lines-was read by title and referred to a committee.
And then the Senate adjourned.
