IN SENATE.
MONDAY, May 17. 1869.The PRESIDENT pro tem., [Hon. Isaac P. Gray] took the Chair at 9 o'clock A. M., and thereupon-
Mr. JOHNSTON, on Montgomery. Mr. President.
Mr. GREEN. Mr. President.
The PRESIDENT pro tem. The Senator from Tipton.Mr. GREEN. I move that the Senate adjourn sine die.
Mr. JOHNSTON, of Montgomery. I hope that motion will not be put now.
Mr. BRADLEY. I insist upon it that the Senator from Montgomery addressed the Chair first. My hearing is pretty sharp.
Mr. GREEN. I insist upon my motion. Put the question.
The PRESIDENT pro tem. The Chair will have to put the motion unless the Senator from Tipton withdraws it.
Mr. BRADLEY. I really hope the Senator will withdraw his motion.
Mr. GREEN. I know pretty near the thing you have got there, and it is not true if it is what is printed in the Sentinel. I demand the question.
Mr. BRADLEY. Will the Senator say, inside or outside of this chamber, that the facts there stated are not true?
Mr. GREEN. Yes, sir; I will state it in the House or out of the House.
Mr. ROBINSON, of Madison. So will I.
Mr. BRADLEY. Will the Senator say they are not true?
Mr. GREEN. Yes sir; because it says there were only thirty-two Senators answered, when thirty-four were here.
Mr. BRADLEY. I will see the Senator outside of the chamber.
Mr. JOHNSTON, of Montgomery. We certainly have some rights here, and if we are not to have them accorded us, it is the fault -.
The PRESIDENT pro tem. The opinion of the Chair is well known; that you have a perfect right to enter a protest upon the journals, but I can not receive it now, for I recognized his [the Senator from Tipton's] motion.
Mr. JOHNSTON, of Montgomery. It is couched in respectful language, and we ask that it be read and put upon the journals, if it is in proper language.
The PRESIDENT pro tem. Unless the Senator from Tipton withdraws his-I will have to put it.
Mr. JOHNSTON, of Montgomery. Then that Senator has the power to control the Chair.
The PRESIDENT pro tem. I heard his motion first, and recognized him. Mr. BRADLEY. I rise to a point of order. No person seconded the motion.
Mr. ROBINSON, of Madison. I seconded the motion.
The PRESIDENT pro tem. Those in favor of the motion, say "aye;" contrary, "no." The Senate stands adjourned sine die.
Mr. BRADLEY. Some persons voted who are not Senators.
The PRESIDENT pro tem. Do you call for a division?
Mr. BRADLEY. Yes, sir.
The PRESIDENT pro tem. As many favor the motion to adjourn will rise.
Mr. BRADLEY and Mr. JOHNSTON,Of Montgomery. "Yeas and nays," yeas and nays."
Mr. FISHER. I rise to a point of order The Chair has already decided the Senate adjourned sine die.
The PRESIDENT pro tem. Six were voting in the affirmative, and two in the negative. The Senate adjourned sine die.
The protest which Mr. Johnston, of Montgomery, desired to offer is as follows;
MR PRESIDENT-
The undersigned Senators in the General Assembly of the State of Indiana respectfully represent that on Thursday, the 13th day of May, 1869, a joint resolution was introduced in the Senate of the said State of Indiana, in the words following, to-wit: "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 15th,
SECTION 1. 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 heave power to enforce this article 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.
and the previous question having been called and seconded, the question was put by the presiding officer on the adoption of said resolution, and twenty-seven Senators voted in favor of the adoption of the said resolution, and one Senator voted against
page: 247[View Page 247]the adoption of the said resolution, and no other Senator answered to his name or voted on said question.
And the undersigned Senators further represent that immediately thereupon the presiding officer of the Senate announced as follows, to wit: "The Secretary reports the following facts, twenty-seven "ayes," one "no," and ten present but not voting." And thereupon immediately the said presiding officer and the majority of the Senators present caused a resolution to be adopted and entered upon the Journal of the Senate, "that upon the call of the ayes and nays upon the passage of the joint resolution ratifying the fifteenth amendment to the Constitution of the United States, the following Senators were present but declined voting, to-wit:
- Mr. Carson, Senator from Allen.
- Mr. Gifford, Senator from Franklin.
- Mr. Henderson, Senator from Morgan.
- Mr. Lasselle, Senator from Cass.
- Mr. Lee, Senator from Bartholomew.
- Mr Morgan, senator from Vanderburgh.
- Mr Sherrod, Senator from Orange.
- Mr. Smith, Senator from Huntington,
- Mr. Denbo, Senator from Harrison.
- Mr. Johnson, Senator from Montgomery.
And the undersigned Senators further represent that, at the time of such proceedings, the said Mr. Carson, Mr. Gifford, Mr. Lee, Mr. Sherrod and Mr. Smith, were not, nor were any or either of them. Senators in said General Assembly, but each and all of them had, before then resigned their laid offices, and had announced that fact to the Presiding officer of the Senate, and that the said Mr. Smith and Mr. Denbo were not then present in said Senate Chamber, nor in the Lobbies thereof.
And the undersigned Senators further represent that at the time of such pretended adoption of said resolution ratifying the said Constitutional Amendment there were thirty-two Senators present, and no more.
Wherefore tho undersigned Senators do solemnly protest against the said proceedings of the said Senate, in pretending to adopt the said joint resolution ratifying the said Constitutional amendment, and in causing it to be entered on the journals of the Senate, that there were ten Senators Present and not voting, when, in truth and in fact, at the time of all of said proceedings there were thirty-two Senators present, and no more. And they ask that this, their solemn protest, may be entered in the Journal of the Senate.
SENATE CHAMBER, May 15th, 1869.
JAMES BRADLEY.
DANIEL MORGAN.
EBENEZER HENDERSON.
ARCHIBALD
JOHNSTON.
So the Senate of the special session of the forty-sixth General Assembly adjourned sine die.
