IN SENATE.
SATURDAY, May 8,1869.The Senate met at 9 o'clock A. M.
On motion of Mr. CRAVENS the reading of the Secretary's minutes of yesterday was dispensed with.
MORGAN RAID CLAIMS.
Mr. CRAVENS moved that the $413,599 48 Morgan raid claims bill [H. R. 119] be taken up and read the second time for the purpose of reference to a Committee.
The motion was agreed to by yeas 26, nays 13.
Mr. BRADLEY, without desiring to indicate opposition to the bill voted "no."
Mr. CARSON voted "no" because of his opposition to hasty legislation.
Mr. CHURCH voted "aye" solely with a view to having the bill referred to a committee.
Mr. GREEN voted "aye" because it is better to suspend the rules than to have a controversy over the question now.
So the rules were suspended, and the bill [H. R. 119] appropriating $413,599 48, to pay the claims of sufferers by the Morgan raid, was read the second time.
Mr. CRAEVNS moved to refer the bill to a special committee of five.
Mr. WOLCOTT moved that the bill be referred to the Standing Committee on Claims.
Mr. CRAVENS objected to this motion. To be frank, his object was to send the bill into the hands of its friends. There is nothing to be investigated in this matter-we know the facts-they are patent to the whole country.
Mr. GREEN took a similar view. The bill ought to have a fair chance, and should be placed in charge of its friends.
Mr. WOLCOTT thought a bill like this-ought not to have any special friends. It appropriates nearly half a million of dollars, and it should go to a fair, impartial, uninterested Committee. The Committee on Claims has shown itself to be an impartial and fair Committee; that is the proper Committe to consider claims presented to this body, and why should Senators object so strenuously to the pending motion?
Mr. FISHER said the strongest argument in favor of this bill is that if the State pays these claims it will be reimbursed by the general government, and that similar claims have been reimbursed to Ohio. This he regarded as a mistake. The general government reimbursed Ohio only for money paid for property destroyed by United States troops. The property destroyed by the Union forces only will be reimbursed by the general government, and; that amounts to only about $50,000 of this $413,599 48. This is a serious question. page: 186[View Page 186] And then if this claim is to be paid by the State, the Treasury will be bankrupt, and additional taxes will have to levied to meet deficiencies.
Mr. BELLAMY favored the reference to a special committee. A similar bill was in the hands of a standing committee of the Senate last session, and was kept by them five weeks without being reported back.
Mr. FISHER and Mr. KINLEY explained how the delay occurred.
Mr. HOOPER entered his protest against referring a bill of this character to its friends. Bills proposing to make large appropriations from the treasury should be referred to a regular standing committee. A bill such as this, monstrous in its proportions - proposing to drain the treasury and bankrupt the State, should be referred not to its friends, but to a regular standing committee, appointed with especial reference to the consideration of just such subjects as the one embodied in the pending proposition.
Mr. TURNER regarded this matter of reference as a question of but little importance.
Mr. HANNA made the point of order that the question to refer to a select committee takes precedence under the Senate rules.
Mr. SCOTT inquired if the claims are to to be allowed on the faith of the Morgan Raid Commission, why refer this bill at all? It is too late in the session now for a committee to investigate the truth of the report of the Commission.
Mr. CARSON remembered a report from a committee of the Senate last session which showed that there was no liability on the part of the State for these claims.
The LIEUTENANT GOVERNOR said the rule did not require the precedence of motions, in the order in which the committees are named in the Senate rule referred to, and therefore, it does not conflict with general parliamentary law. He preferred that this claim should be presented to the United State Commission appointed to adjust such claims, now in session in this city, as provided for in a House concurrent resolution just reported here, that we might have the opinion of that Commission as to how much of this claim the General Government would allow.
Mr. BELLAMY moved to lay the motion to refer to a standing committee on the table.
The motion was agreed to, upon division, affirmative 23, negative not counted.
The LIEUTENANT GOVERNOR remarking that the vote of the Senate clearly indicated a desire that the Morgan raid claims bill should be sent to a committee of its friends, made that committee to consist of Messrs. Cravens, Huffman, Bellamy, Denbo and Rice.
REPORTS FROM COMMITTEES.
Mr. RICE from the Committee on Corporations, returned the railroad transportation bill [H.R. 105] recommending that it lie on the table.
Mr. CRAVENS, from the select committee appointed last session on the question of courtesy between the two Houses on the transmission of messages, reported that the cause of complaint on the part of the House was not on account of the action of the Secretary of the Senate, &c., and that he was not deserving the censure or punishment suggested by the House of Representatives.
The report was concurred in.
On motion by Mr. ROBINSON, of Madison, the House amendments to the election bill (H. R. 140) was read and concurred in.
Mr. WOLCOTT moved to take up the concurrent resolution from the House of Representatives, providing for a presentation of the Morgan raid claims to the United States Commission, now in session in this city, that we may have their opinion on the validity of the claim.
The motion was agreed to, and the resolution having been read -
Mr. HANNA suggested that the State has no claim against the United States; and thereupon -
Mr. WOLCOTT, not knowing the language of the resolution till he heard it read, withdrew his motion.
A majority of the Committee on Fees and Salaries reported against allowing extra compensation - mileage - to the members of the Committee on the State Prison for visiting said prison.
Mr. GREEN stated that he would not present a minority report, though he thought the members of that committee should be allowed something for mileage.
On motion by Mr. GIFFORD, the report was referred to a select committee of three.A committee report, recommending that the bill [S. 344] to encourage the destruction of foxes lie on the table, was made and concurred in.
SENATE BILLS ON THE FINAL READING.
On motion of Mr. JOHNSTON, of Montgomery, the Senate proceeded to the consideration of Senate bills on the third reading;
page: 187[View Page 187]Mr Bellamy's bill [S. 244] to amend section 5 of the Common School law, coming up-
Before the reading was finished, it was laid on the table.
THE XVTH CONSTITUTIONAL AMENDMENTUNIVERSAL SUFFRAGE.
Mr. FISHER, noticing a good deal of nervousness on the part of our Democratic fiends, in order to quiet it asked and obtained leave to offer the following:
WHEREAS, At an early day in the present session of the Senate, it was ordered that the question of the ratification of the Fifteenth Amendment to the Constitution of the United States be postponed to and made the special order for Tuesday, and the 11th day of May;
AND WHEREAS, Other important legislation is still pressing upon the Senate; therefore, be it
Resolved, That the consideration of said amendment be further postponed until Friday, the 14th day of May, at half-past two o'clock P.M., and made the special order for that hour.
The PRESIDENT pro tem. [Hon. John R. Cravens.] I would say that the resolution is clearly out of order. The Senate, in the first clays of the session, agreed to postpone the consideration of the Constitutional amendment till the llth of May. Such a resolution passed. Then a motion was made to reconsider and that motion was laid on the table. It was clinched on both sides. The only way this thing can be reached is to pass a resolution that when the llth of May arrives you will take up the amendment, and again postpone its consideration.
Mr. HANNA. I suppose by unanimous consent we might stay the order.
The PRESIAENT pro tem. I don't see how, unless the Senate retraces its steps, and I don't see how you can get over the operations of parliamentary law at any rate. It would be competent for the Senate now to pass a resolution saying that on the llth of May they would again postpone the consideration of that measure.
Mr. HANNA. Well, shape it in that form.
Mr. GRAY. I have no doubt but that the decision of the chair is right; that question is tied up, but the Senator from Wabash [Mr. Fisher] can amend his resolution as suggested by the chair.
Mr. FISHER. Will the chair indicate the character of the amendment again?
The PRESIDENT pro tem. I did not intend to suggest it for the purpose of having anything done upon my suggestion. And only thing competent to be done now would be to pass a resolution pledging ourselves, if you want to pledge, that on that day we would postpone the further consideration of the amendment till a day certain. I am not making any ruling with special reference to action on this matter. I know what the general wish is, and as far as I could make a ruling consistent with it, I would.
SENATE BILLS ON THE FINAL READING.
The Senate resumed the consideration of Senate bills on the third reading.
Mr. Beardsley's bill [S. 22] to regulate interest on judgments and decrees, coming up, it was laid on the table as superceded matter.
Mr. Hadley's bill [S. 61] providing for amendment of pleadings and papers in the courts of this State, coming up, was laid on the table in the absence of the author.
Mr. Laselle's bill to repeal section 18 of the act regulating descents, coming up-
It failed to pass by yeas 8, nays 29.
The bill [S. 343] to secure a just valuation and taxation of railroad property in this State, being now reported from the Committee on Corporations with a favorable recommendation-
Mr. CARSON entered his protest against such a hasty consideration of this bill by the committee.
THE XVTH CONSTITUTIONAL AMENDMENT AGAIN.
Mr. FISHER now obtained leave to offer the following:
Resolved, That the special order for the llth day of May, viz : the fifteenth amendment to the Constitution of the United States, when taken up on that day shall be further postponed to Friday, the 14th day of May, at half past two o'clock, and made the special order for that hour.
Mr. CARSON opposed the resolution. We have had that order fixed, and it was distinctly understood what the action of both parties would be on that occasion. The session was limited to the llth day of May, and he wanted it to stop there, and he had intended to resign on the 10th. He wanted the Senate to stand upon what they said when they fixed that order.
The yeas and nays being demanded, ordered and taken resulted-yeas 30, nays 10, as follows:
YEAS-Messrs. Andrews, Bradley, Case, Caven, Church, Denbo, Eliott, Fisher, Fosdick, Gifford, Gray, Green, Hamilton, Hanna, Henderson, Hess, Huey, Huffman, Humphreys, Jaquess, Johnson of Spencer, Johnson of Montgomery, Morgan, Rice, Robinson of Madison, Scott, Sherrod, Taggart Turner, Wood-30.
NAYS-Messrs. Beardsley, Bird, Carson, Cravens, Hooper, Kinley, Montgomery, Reynolds. Smith, Wolcott.-10.
SENATE BILLS ON THE FINAL READING.
The Senate returned to the order of business, viz: the final reading of Senate bills.
Mr. Kinleys's bill, (S. 150,) denning the common school system of the State being read the third time.
Mr. CARSON indicated his opposition.
Mr. KINLEY said the object of the bill was simply to establish a graded common school system in the State, by which pupils can graduate from the primary school page: 188[View Page 188] up to the State University, Normal School or Agricultural College.
Mr. JOHNSTON, of Montgomery, made an ineffectual motion to lay the bill on the table.
Mr. BRADLEY could see no good purpose in the bill.
Mr. GRAY could see no necessity for it and should have to vote against the bill.
It failed to pass-yeas 16, nays 18.
Mr. CHURCH offered an amendment which was adopted, that when the Senate adjourn it be till 10 o'clock Monday morning.
Mr. Hanna's bill [S. 278] concerning appeals in cases of contempt -having reference to newspaper publications-being read the third time-
The bill passed by yeas 35, nays 1.
Mr. Sherrod's bill [S. 284] to provide for the erection and repairs of bridges on streams forming the boundary line between two counties, being read the third time-
The bill passed by yeas 34, nays 1.
Mr. Caven's bill (S. 293) to amend section 25 of the Felony act of June 10, 1852 being read the third time-
Mr. CAVEN explained that the bill extends the liability for signing blanks by officers to be afterwards filled up.
On motion by Mr. BRADLEY-no Senator objecting-the bill was amended by adding in the proper place these words: "with intent to defraud any one."
The bill passed by yeas 33, nays 1.
And then the Senate adjourned till Monday morning at 10 o'clock.
CORRECTION.-Early in the proceedings of yesterday, at the end of the first line in Mr. Carson's motion to amend the witness fee bill these words are omitted : "the increase of".
