IN SENATE.
THURSDAY, May 13, 1869.The Senate met at 9 o'clock A. M.
On motion by Mr. ROBINSON, of Decatur, the reading of the Secretary's minutes of yesterday was dispensed with.
On his further motion, the bill [H. R. 158] to amend section twenty-five of an act entitled "an act to provide for the valuation and assessment of real and personal property, and the collection of taxes in the State of Indiana; for the election of Township Assessors, and prescribing the duties of Assessors, Appraisers of real property, County Treasurers and Auditors, and the Treasurer and Auditor of State;" approved June 21, 1852, was read the third time.
Mr. ROBINSON, of Decatur, explained that it proposes to amend said section by inserting after the words " specifically taxed," the following: "Provided that if any such person shall have converted moneys, credits, or other personal property, in the year preceding the first day of January of the current year, into bonds or other securities of the United States, and shall hold or control said bonds or other securities when he is required to list his property, he shall list the monthly average value of such moneys, credits or other property thus converted while such moneys, credits or other property were held or controlled by him; and provided further, that any indebtedness of such person or persons represented by him, created by investment in said bonds or other securities, shall not be deducted from the amount of credits in making up his list for taxation."
The bill passed by yeas 33, nays 8.
Mr. JAQUESS, as a privileged question, offered the following resolution, which was adopted:
WHEREAS, It has been reported on the streets and elsewhere, that a corruption fund had been made use of to procure the passage of House bill No. 119, commonly known as the Morgan raid bill, and-
WHEREAS, said charge rests alike on every member of this Legislature. Now, in order that said charges may be fully investigated and the guilty parties be exposed, if there be any such, and the innocent be exhonerated. Therefore be it -
Resolved, that a committee of three be appointed to investigate said charges, and that they be instructed to report the result of their investigation to this Senate, and that they have power to send for papers and witnesses.
The LIEUTENANT GOVERNOR thereupon appointed Messrs. Jaquess, Gray and Laselle to said committee.
On motion of Mr. RICE, the bill [H. R. 97], a bill authorizing certain County Auditors to correct their reports to the Superintendent of Public Instruction relative to the school fund, common and congressional, as required by an act entitled "An act requiring County Auditors to make ex animation of the records in their office in relation to school funds, and make report and providing compensation therefor," approved December 21, 1865, and declaring an emergency, was taken up, and, under a dispensation, it was read the second time by title, again by sections and put upon its passage.
The bill passed by yeas 41, nays 3.
MUNICIPAL TAXATION OF BANK SHARES.
On motion by Mr. GRAY, the bill [H. R. 170], a bill to provide for the assessment and collection of taxes for municipal, purposes on the shares of stock owned in banks or banking associations doing business in this State, was taken up.
The majority of the Committee made a lengthy printed report against its passage and the minority presented written reason why the bill should become a law.
Mr. HANNA moved to make this subject the special order for 2 o'clock to-day in Committee of the Whole.
Mr. GRAY preferred its consideration at once and now.
Mr. GREEN was of opinion that if the Senate went into Committee of the Whole this would close up all legislation for this session.
Mr. CRAVENS did not propose to contribute to dodging the result of the consideration of the Constitutional Amendment: and as much business of importance was before us, he moved to indefinitely postpone the bill.
Mr. MORGAN declared there was now $11,000,009 in the hands of wealthy men escaping taxation for municipal purpose; and he regarded this bill as important a measure as has been before this Legislature; consequently it should be acted upon now.
Mr. GRAY did not understand that our rules require this bill to be discussed in the Committee of the Whole as is contended by the Senator from Sullivan and others.
page: 221[View Page 221]Mr CHURCH undertook to say the country districts did not demand that this measure should be passed; and he was inot disposed to lay aside the important legislation of this session for the consideration of this bill.
Mr. GRAY showed an invidious distinction made by the present law as between investments in bank stocks and investments in the mercantile business, and declared that this bill would remedy it. The question of justice is the most important one to be discussed and acted upon in any legislative body, and this bill should claim immediate attention by the Senate.
Mr. CARSON also regarded this as very important measure; as one called for by one hundred thousand people of Indiana, and one reccommended by the Chief Executive officer of the Sttae in his message to the Legislature.
Mr. CRAVENS made his motion not to avoid a decision by the Senate, for he felt convinced this matter would have to be adjudicated by the Courts, and it could be sent to the Courts as well without the bill as with it. He demanded the previous question.
The Senate seconded the demand.
The motion to indefinitely postpone the bill was agreed to by yeas 26, nays 21-as follows:
Yeas-Messrs. Andrews, Beardsley, Bird,Case, Church, Cravens, Denbo, Elliott, Fisher, Clifford Hadley, Hamilton, Hanna, Hooper, Huey, Jaquess, Montgomery, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Sherrod, Stein, Wolcott and Wood-26.
Nays-Messrs. Armstrong, Bellamy, Bradley, Carson, Caven, Fosdick, Gray, Green, Henderson, Hess, Humphreys, Johnson of Spencer, Johnson of Montgomery, Kinley, Laselle, Lee, Morgan, Smith, Taggart and Turner-21.
Pending the roll call-
Several Senators-Messers. Hanna, Gifford and Andrews-explained their affirmative votes in language similar to-
Mr. SHERROD, who said: It is evident that this bill can not get the necessary constitutional vote to pass it. It is therefore a waste of time to discuss it, and especially at this late hour of the session, when there are so many measures waiting the action of the Senate in which the people are directly interested. I shall therefore vote for the indefinite postponement.
So the motion to indefinitely postpone the bill was agreed to.
Mr. WOLCOTT-having changed his vote for that purpose-moved to reconsider the vote just taken.
On motion by Mr. CHURCH, this motion was laid on the table by yeas 25, nays 20.
On motion by Mr. KINLEY, the bill [H. R. 288] to amend sections 4 and 8 of the liquor law of March 5 1859 was read by title second time, and the third time by sections.
Mr. TURNER, although intending to vote against the passage of this bill, voted to take it up that the party opposed to him in politics which has pretended for the last ten years to be, and have obtained a large vote in this state on the ground that they were temperance men, when practically they were no more so than us, who do not make that profession-that, these gentlemen may now have an opportunity of manifesting the truth of their pretensions.
The bill failed to pass by yeas 22, nays 23-as follows:
YEAS.-Messrs. Andrews, Armstrong, Bellamy, Case, Church, Cravens, Eliott, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Johnson of Spencer, Kinley, Reynolds. Robinson of Madison, Robinson of Decatur, Scott, Stein, Wood-22.
NAYS.-Messrs. Beardsley, Bird, Bradley, Carson, Caven, Fisher. Gifford, Hanna, Henderson, Huey, Huffman, Humphreys, Jaquess, Johnson of Montgomery, Laselle, Lee, Montgomery, Morgan, Rice, Sherrod, Smith, Turner, Wolcott23.
THE FIFTEENTH AMENDMENT.
Mr. HOOPER moved to suspend the order of business in order that he might introduce a joint resolution accepting and ratifying a certain amendment to the Constitution of the United States, which he sent to the Secretary's desk, and had read for information.
Mr. SHERROD moved to lay the motion to suspend the order of business on the table.
Mr. RICE. I understand the object of this motion is simply to get the resolution before the Senate, and move to take it up to-morrow at 2 o'clock.
The LIEUTENANT GOVERNOR, It is not before the Senate. The Senator had it read for information.
Mr. SHERROD. I withdraw my motion.
Mr. SMITH. I regard this as a trick, and you can't do it.
Mr. STEIN. Inasmuch as the remark, has been made that this resolution is brought up for the purpose of making it the order for to-morrow, I, for one, will, move at once the ratification of the amendment as soon as it is before this body.
The motion to postpone was rejected by yeas 19, nays 25, as follows:
YEAS-Messrs. Andrews, Armstrong, Beardsley Bellamy, Case, Caven, Cravens, Fisher,Fosdick, Gray, Green, Hamilton, Hess, Hooper, Kinley, Robinson, of Madison, Stein, Wolcott, and Wood-19.
NAYS-Messrs. Bird, Bradley, Carson, Church, Eliott, Gifford, Hadley, Hanna, Henderson, Huey, Huffman, Humphreys, Jaquess, Johnson of Spencer, Johnson of Montgomery, Laselle, Lee, Morgan, Rice, Reynolds, Robinson, of Decatur, Scott, Sherrod, Smith, and Turner-25.
Pending roll-call-
Mr. CHURCH, when his name was called said: On all occasions I have given Democrats to understand that this thing should page: 222[View Page 222] not be taken up, but should be fixed for a certain time. I vote against taking it up, and if it is sprang to take advantage of the position I take I shall vote against the amendment. I made no bargains to get Democrats into the House, but alter they got in I regarded this thing as virtually gone until the business of the session was completed; and I shall vote against taking it up. I vote "no."
Mr. FISHER, when his name was called, said: My object in voting to suspend the rules is for the express purpose of moving to postpone the resolution till 2 o'clock tomorrow. I vote "aye."
Mr. GRAY, when his name was called, said: I am going to vote to suspend the rules, and go with the Senator from Tippecanoe [Mr. Stein] to close this Legislature as soon as possible. I don't think it is doing any good, and the sooner it adjourns the better for the people. I vote "aye."
Mr. HADLEY desired to be found acting in good faith, saw no necessity for this motion, and as the quickest way to remove this trouble voted "no."
Mr. HOOPER, when his name was called said: I desire to say in explanation that while the main object in making; this motion to suspend the rules is to get this resolution before the body, I do not want any Senator to be mistaken as to my position. I wish to get it before the Senate, and the Senate may then make such disposition of it as they see proper. If a majority deem it right to postpone it till to-morrow that is their act and not mine. I want to get this question before the body. While Senators are talking about important measures, I hold that this is the most important measure of the whole session. Those minor matters of legislation which Legislatures coming after us may make and repeal, should give way to this. I desire this question to come before this body. As it now stands it is not before this body at all. I intend to vote for it the first opportunity. I vote "aye."
Mr. LASELLE, when his name was called, said: It seems to me it is properly Before the Senate now, and the only thing necessary is to take it up. It can be taken up to-morrow as well as now, and therefore I vote "no."
Mr. MORGAN, when his name was called, said: When the regular session broke up it caught me without my stamps, but I am ready for it now. [Laughter.] I don't want to cast my vote to take up or not take up this thing; but if I am compelled to vote now, I say "no."
Mr. ROBINSON of Madison, when his name was called, said: We passed a resolution last week that this matter would be postponed till to-morrow. But it was set for Tuesday. That thing has never been taken up, and I propose by my vote to take it up and let it be referred till tomorrow. I vote "aye."
So the motion to suspend the rules was rejected.
And then came the recess till 2 o'clock
AFTERNOON SESSION.
Mr. GIFFORD demanded a call of the Senate.
The roll was called and discovered but 26 members present.
On motion by Mr. BELLAMY the Doorkeeper was ordered to bring in the absentees.
On motion by Mr. HOOPER the doors were ordered to be locked.
The call was continued, and after waiting about half an hour-several Senators having appeared-
The PRESIDENT pro tem, [Mr. Green in the chair] announced that there were 34 Senators present.
Mr. STEIN. Mr. President, I move that further proceedings under the call be dispensed with.
The motion was agreed to.
Mr. STEIN. Do I understand that there are 34 Senators present?
The PRESIDENT pro tem. That is what the Secretary says; I don't know. I am informed by the Secretary that 34 Senators answered to their names.
Mr. WOLCOTT. Mr. President, a rumor is floating about here, and authenticated somewhat, that while the Democratic members of the House have resigned the members of the Senate have not.
Mr. CRAVENS interrupting. I would like to correct the Senator from White, (Mr. Walcott,) I have seen the resignation of eleven Senators just handed into the Governor's office.
Mr. STEIN. That is not enough.
Mr. CRAVENS. That is not enough to break a quorum.
Mr. STEIN. I now more that the Senate be called. We want to make a record here this afternoon and I trust we will proceed in order.
The LIEUTENANT GOVERNOR baring resumed the chair, directed the Secretary to call the Senate.
Mr. CASE. I move the doors be closed.
The motion was agreed to.
The LIEUTENANT GOVERNOR. The doorkeeper will strictly enforce the order.
The call of the Senate was proceeded with and when, (at eighteen minutes before 3 o'clock P. M.,) the Secretary called "Mr. Carson," that gentleman responded, "I am not a Senator of the State of Indiana."
Mr. STEIN. I move that the Clerk certify that Mr. Carson is present. We have page: 223[View Page 223] no certificate showing that he is not a Senator and he is here present.
Mr. JOHNSTON, of Montgomery. I object. He is no longer a Senator, and you have no right to so certify.
The roll call was continued, and when Mr. Morgan's name was called that gentleman said: "I dont know whether I am a Senator or not." The call having been completed-
The LIEUTENANT GOVERNOR said: Thirty-five Senators answered to their names.
Mr. LASELLE. Mr. Smith informs me that he has resigned.
Mr. GREEN and several Senators. "He is in the chamber."
Mr. LASELLE continuing, was not heard at the Reporter's desk distinctly, but was understood to say that he desired to see Senators act in good faith. The Senator from Orange [Mr. Sherrod] tells me that he has resigned, and the Senator from Allen [Mr. Carson] has told you that he is no longer a Senator. The latter Senator has contemplated resigning to-day for some time, having made arrangements to go to Europe.
Mr. CRAVENS. Mr. President, I made a statement of the fact that I had seen the resignation of eleven Senators handed in to the Governor-the eleven whose time expires with this present session. That would leave the Senate with 39 members. With the absent Senators-Mr. Hughes and Mr. Colley-it leaves us still 37 members. We are still a working body, and if there is anything desired to be done, now I suppose is as good a time to do it as any other.
Mr. STEIN. Mr. President: Do I understand that there is a quorum present?
The LIEUTENANT GOVERNOR. As far as the roll shows there is.
Mr. SHERROD. I desire to say that I suppose I am no longer a Senator. I have been informed that my resignation has been handed in and [His further remarks were drowned by cries of "order," "order," " you are not a Senator, you have no right-to speak," etc.]
Mr. STEIN. Mr. President: I move that further proceedings under the call be dispensed with, and that the doors remain closed.
Mr. JOHNSTON, of Montgomery. You cannot do business with closed doors, unless in the opinion of the Senate it is absolutely necessary to enjoin secrecy, because the Constitution expressly requires that "the doors of each House, and of the Committee of the Whole, shall be kept open, except in such cases as, in the opinion of either House, may require secrecy." If there is anything to be done now that requires secrecy, it is in the power of the Senate to close the doors; but, if not, it is not in your power to close the doors without violating the Constitution.
Mr. WOLCOTT. Mr. President: I move this resolution, which I will write: That in the opinion of the Senate the emergency of affairs at this time requires secrecy.
The LIEUTENANT GOVERNOR. Put your resolution in writing.
Mr. FOSDICK. Mr. President: I think it very important that this matter should be kept secret. It is necessary that it should be kept from the Senators' constituencies [pointing to the empty benches on the Democratic side], and consequently of the utmost importance that the doors shall be closed.
Mr. JOHNSTON of Montgomery. Mr. President-
The LIEUTENANT GOVERNOR. The Senator from White [Mr. Wolcott] offers the following resolution:
The Secretary read:
Resolved, That in the opinion of the Senate, the emergency of the business pending before the Senate requires secrecy, and that the doors be kept closed.
Mr. JOHNSTON of Montgomery. That does not meet the constitutional objection to the closing of the doors; but if that is to be the order of the Senate, you must clear the lobby; there must not be a spectator in here-not one.
The LIEUTENANT GOVERNOR. [To the Secretary.] Call the Senator from Franklin.
Mr. GIFFORD. I am no longer a member.
Mr. SCOTT. Mr. President, I do not know how to look upon this-as a big joke, or whether we are in earnest or not.
SEVERAL SENATORS-"In earnest."
The LIEUTENANT GOVERNOR. Let us have order; let us be in earnest about that at any rate.
Mr. SCOTT. If we are acting in earnest there must be some reason for secrecy. "We are acting, as I understand it, in the ordinary manner, and there is nothing in the resolution throwing any light on my mind as to why this requires secrecy. I would like to ask the Senator from White [Mr. Wolcott] what it is that requires secrecy?
Mr. WOLCOTT. Let every Senator determine this matter for himself.
Mr. CHURCH (in his seat.) I am afraid my wife will hear about it. [Laughter.]
Mr. SCOTT. If it is a joke I enjoy it hugely. If in earnest, I am not going to sit here and vote for a proceeding of this kind without giving my objection. What is the matter before this body? It is, or will be, the Constitutional amendment. Will the Senator say that is a matter requiring se page: 224[View Page 224]crecy? Does any gentleman on this floor pretend that is a matter requiring secrecy?
Mr. WOLCOTT (interposing). To relieve the Senator, I will withdraw the resolution.
Mr. HOOPER. Mr. President, now I move the adoption of the resolution I send up.
The LIEUTENANT GOVERNOR [to the Secretary]. Read.
The Secretary read as follows:
A joint resolution accepting and ratifying a certain amendment to the Constitution of the United States,
WHEREAS, Congress has, by a two-thirds vote, proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by the Legislatures of three-fourths of the States shall be valid to all intents and purposes as a part of said Constitution, namely:
ARTICLE XV.
SECTION 1st. The rights of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State on account of race, color or previous condition of servitude.
SEC. 2. The Congress shall have power to enforce this by appropriate legislation.
Therefore, be it resolved by the General Assembly of the State of Indiana, That said Fifteenth Amendment to the Constitution of the United States is hereby accepted and ratified on the part of the State of Indiana.
Mr. BEARDSLEY. Mr. President, I move the previous question.
The LIEUTENANT GOVERNOR. Those in favor of seconding the demand for the previous question will say "aye;' those opposed say "no." In the opinion of the Chair the previous question is seconded. Call the roll on the adoption of the resolution.
The Secretary proceeded with the roll call, and the vote resulted as follows:
YEAS-Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Caven, Church, Cravens, Eliott, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Johnson of Spencer, Kinley, Rice, Reynold, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood-27.
NAY-Mr. Jaquess-1.
Pending the roll call-
When Mr. Gifford's name was called, Mr. CHURCH said: "Present, but not voting."
Mr. GIFFORD replied: "My resignation has been accepted by the Governor."
When Mr. Johnston of Montgomery's name was called, Mr. GREEN said: "Present, but not voting."
Mr. CHURCH. I would like to have it put down that he is present, but not voting.
When Mr. Laselle's name was called, Mr. CHURCH said: "Present, but not voting."
Mr. LASALLE replied: "I understand my resignation has been tendered and accepted."
Mr. CHURCH. I would like to have him put down as present and not voting.
The LIEUTENANT GOVERNOR Call the roll through-we will fix that all right.
Mr. GRAY. According to the roll call awhile ago there was a quorum in the chamber; and Senators now say they no longer Senators on this floor.
The LIEUTENANT GOVERNOR. We will dispose of this question when we get through with the roll.
When Mr. Lee's name was called. Mr CHURCH said: "Present, but not voting"
Mr. SCOTT, when his name was called said: I want to say in explanation of this vote that I believe this Senate by its action week has postponed this matter until to-morrow. I am sure that it is a matter of record. I understand that a man's word is his bond, I don't care whether by a resolution before the Senate or whether a thousand miles away. I understand that to be the determination of this body.
Mr. HOOPER, (interrupting). I will ask the Senator if the action of the minority in tendering their resignations, as we are informed, and thus breaking a quorum, does not relieve us from our obligation in that direction.
Mr. SCOTT. Wait till I get to the point and I will relieve the Senator, I think, to his satisfaction. But, sir, under the present exigencies of the case, finding that these Senators have withdrawn from this body, riot being willing to take that promise as a matter of faith from us, in common integrity and fairness among men, I feel myself discharged, and this Senate discharged, from all obligation from the first day we stepped into this hall to this moment, and for that reason I am willing to cast my vote for this resolution, [Applause.] I vote "aye."
When Mr. Sherrod's name was called, that gentleman said: "I have already announced my resignation" [The remainder of the sentence was not heard because of cries of "order," and "I object."]
When Mr. Smith's name was called, Mr. ROBINSON, of Madison, said: "Present, but not voting."
The roll call having been completed-
The LIEUTENANT GONERNOR said: The Secretary reports the following facts: Twenty-seven ayes, one no, and ten present, but not voting. [Applause, cheers and shouts.]Mr. STEIN. I offer the following resolution.
The Secretary read:
Resolved, That it be entered on the journal of the Senate that upon the call of the yeas and nays upon the passage of the joint resolution ratifying the Fifteenth Amendment to the United States Constitution, the following Senators we present but declined voting, viz:
- Mr. Carson, Senator from Allen;
- Mr. Gifford, Senator from Franklin;
- Mr. Henderson, Senator from Morgan;
- Mr. Laselle, Senator from Cass;
- Mr. Lee, Senator from Bartholomew;
- Mr. Morgan, Senator from Vanderburg;
- Mr. Sherrod, Senator from Orange.
- Mr. Smith, Senator from Huntington;
- Mr. Denbo Senator from Harrison;
- Mr Johnson, Senator from Montgomery.
Mr. SHERROD. I enter my solemn protest against my name being counted when I am not a Senator in the State of Indiana.
Mr. GIFFORD. I want the journal to show that I was present but announced to the Senate that my resignation was handed in and accepted.
Mr. CHURCH. Mr. President: If the Senator has resigned, he has no business talking here.
Mr. JOHNSTON, of Montgomery. They have resigned, and consequently you have no right to put their names there at all. The names reported as present but not voting should be called so that we may know whether they have resigned or not.
Mr. KINLEY. Mr. President: The Senators from Franklin (Mr. Gifford) and Orange (Mr. Sherrod) both recognize themselves as Senators by speaking on the floor since the passage of the joint resolution.
Mr. CRAVENS. Mr. President: I think the pending resolution is perfectly proper and should be entered on the journal, for the simple reason that the gentlemen whose names are mentioned were in the body of the Senate; we have no official information of their resignation, and until such official information is here, we have to recognize them as Senators.
Mr. JOHNSTON, of Montgomery. Mr. President-
Mr. STEIN. I call for the previous question.
The LIEUTENANT GOVERNOR put the question to the Senate and said: I think the previous question is seconded. As many as favor the passage of the resolution will say "aye;" those opposed say "no." The resolution is adopted.
Several Senators now addressed the Chair; one of them making a motion to adjourn.
The LIEUTENANT GOVERNOR put we question (while "Mr. President" was being called) and thereupon declared the Senate adjourned till 9 o'clock to-morrow morning.
NOTE - The reasons urged by Mr. Wolcott for the support of the claim of J. A. Coburn for two per cent. commission on the amount of claims against the United States settled by him were, first, that he was entitle to such commission by the terms of the agreement made by the authority of Governor Baker, on the recommendation of the leading official and representative men of this State at Washington; and the only questions proper to be inquired into by the Legislature were, first, Did the exigency of affairs in respect to our account with the Government of the United States justify such an arrangement, and if such an arrangement was justified, was this arrangement the best that could be made? Undisputed facts proving the necessity of such an arrangment, and the actual economy of the one made, the Legislature was equitably bound to ratify the contract; and any refusal to do so was an unjust disavowal of the action of our State officers, which action had redounded to the undoubted very material advantage of the State.
