IN SENATE.
TUESDAY, May 11, 1869.Mr. CRAVENS asked and obtained leave to withdraw the report of the Special Committee on the Morgan raid bill, [H. R. 119,] submitted yesterday afternoon, and printed on pages 376 and 377 of these Reports-the vote thereon having been reconsidered for that purpose.
AFTERNOON SESSION.
[IN CONTINUATION-p. 207.]
Mr. TURNER moved to suspend the order of business in order to press to its passage the Morgan raid bill [H. R. 119.]
The motion was agreed to by yeas 25, nays 19.
Mr. JAQUESS moved to amend the bill by striking out the emergency clause and inserting a section providing for the levying of a tax to pay said claims.
The LIEUTENANT GOVERNOR decided the amendment out of order as all bills raising revenue must originate in the House of Representatives.
Mr. HANNA demanded the previous question.
The demand was seconded upon a division of the Senate affirmative, 22 negative 22-the Lieutenant Governor voting "aye."
The main question being "shall the bill be now read the third time?"-
The yeas and nays were demanded, and having been ordered and taken resulted-yeas 16, nays 28, as follows:
YEAS-Messrs. Andrews, Bellamy, Bradley, Cravens, Denbo, Eliott, Gifford, Hanna, Henderson, Huey, Huffman, Humphreys, Laselle, Lee, Montgomery and Taggart-16.
NAYS-Messrs. Beardsley, Carson, Case, Caven, Church, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hess, Hooper, Jaquess, Johnson of Spencer, Kinley, Morgan, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Sherrod, Smith, Stein, Turner, Wolcott and Wood-28.
Pending the roll call-
Mr. CARSON, when his name was called,said: I vote "no" because, in my opinion, after having expressed a desire to be heard on this subject, this is an unfair mode of legislation.
Mr. DENBO, when his name was called said: There have been some fears expressed that after this bill is passed there will be no further legislation. I can assure every senator here as far as members of the Democratic party are concerned they will stay here till Thursday evening at least. I vote "aye."
Mr. GRAY, when his name was called said: I wish to make an explanation why I shall vote "no." Whenever a proposition has been made to suspend the rules for the gravel road bill or the fee and salary bill, the Senate has paid no attention to it, but here is a proposition to take nearly half a million of dollars out of the Treasury, and the Senate takes up the bill. I think that is paying no attention to the interests of the people and a great deal of attention to paying money out of their pockets.
Mr. GREEN, in explanation of his vote, when his name was called said: I have been set down as among the friends of the bill, but there were some things developed yesterday and being developed, and I desire further light upon the subject. Not wishing to indicate that I shall vote against the bill, I vote "no" now.
Mr. HADLEY, when his name was called said: I desire to make a record on this bill and this may be the last opportunity. I am opposed to the manner in which this bill has been rushed through. I desire to be heard upon it. I regard it as a species of class legislation, wholly unjust and unfair, and for these reasons I vote "no."
Mr. HOOPER, when his name was called said: In explanation of my vote I wish to say that I regard this as simply an outrage to press through a measure of such importance in this way. I desire to offer an amendment making the payments in one two and three years; and there seems to be a determination that an amendment of this kind shall not be made; and that these four hundred and thirteen thousand dollars shall be wrenched from the Treasury at once. We should give proper consideration to this bill. There is a party in the majority here that will be held responsible for this whole matter.
Mr. JAQUESS, in explanation of his vote, when his name was called said: I had made up my mind to vote for this bill, but as its friends are disposed to thrust it ahead of every thing else, and as there has not been more than enough money provided for, according to the levy, to meet the appropriations that have been made I shall be compelled to vote against it. I vote "no."
Mr. TURNER. Mr. President: I see that some of the friends of this bill seem desirous page: 384[View Page 384] for further time to connsider it, and if it is agreeable I will withdraw my motion. I ask the consent of the Senate to withdraw the motion.
VOICES-"No consent," "no consent."
Mr. JOHNSON, of Spencer, when his name was called said: Without indicating what my vote will be on the final passage of this bill I vote against the third reading of it now. I vote "no."
Mr. SHERROD, in explanation of his vote when his name was called, said: I believe my mind is made up with regard to this question, but as I am not in favor of checking debate upon any important question I vote "no."
Mr. SMITH, when his name was called, said: I desire to explain my vote, being cut off from debate by the previous question. It is well known to the friends of this bill that I have had some opposition to it. The Senator from Whitley [Mr. Hooper] has an amendment that we could not get in, for paying off these claims in one, two and three years time; and under such an arrangement as that I could vote for the bill. The friends of this bill have made strong appeals to us. Now, Huntington county furnished men during the days of the draft, and in the days of the war we could not get our right credits; and after the war was over we found some 139 of our men were credited to another county, and we had to make up that deficiency, and in order to do so our county paid five hundred dollars a head which amounted to about eigty-two thousand dollars. I vote "no."
Mr. TURNER, in explanation of his vote, when his name was called said: As I cannot withdraw my motion, by my vote I will do so. I vote "no."
Mr WOLCOTT, when his name was called, in explanation of his vote said: As this bill now stands before the Senate, it is thrust in violently and to the exclusion of matters of great general interest throughout the State his is a bill of purely local interest. It is also a bill for the payment of a large amount of money to persons who have no legal or equitable claim for the same, but only a sort of a claim upon our compassion. The first effect of this measure, if passed, will be to take from the Treasury all the money we have and leave nothing to defray the current expenses of the State. I vote "no."
The LIEUTENANT GOVERNOR then announced the vote.
So the Senate refused to order the bill read the third time by yeas 16, nays 28.
Mr. CARSON made an ineffectual motion to adjourn-yeas 30 nays 31.
Mr. JAQUESS moved that when the Senate adjourned, it be till half past seven o'clock to-night.
The motion was rejected by yeas 17, nays 26.
Mr. HOOPER moved to amend the bill by striking out the emergency clause and adding to section one as follows:
Provided further that said claims shall be paid in, the following manner, to-wit: One third of each claim in one year, one third in two years, and one third in three years from the time of the taking; effect of this act, without interest.
He offered this amendment in good faith to protect the people from the oppression that would inevitably follow. Our people are heavily taxed; we have a large delinquent list in almost every county in the State, and many-counties are unable to pay it. A little reflection will satisfy us that such is the fact.
Mr. CRAVENS. Mr. President: I rise simply for the purpose of saving time; and on-behalf of the friends of the bill propose to accept at once the proposition of the Senator from Whitley [Mr. Hooper.]
Mr. CARSON. Mr. President: The Senator from Whitley offers this proposition not because the State of Indiana is liable for a dollar of this vast amount of four hundred and thirteen thousand dollars, but because he sees the evidence which might convince a man of less faith than myself that that amount of money is to be appropriated in this way out of the Treasury of the State of Indiana. I have more confidence in this Senate than that. If these men have a just claim, I am one in favor of paying it now, and that too, with interest from the time it accrued.
But shall we as Senators and men upon the floor of this Senate espousing the interests of the State of Indiana-shall we make snch an obligation as that? No! I take it not. I am on record on this subject in the BREVIER REPORTS and in the journals of 1865.
This matter is sprung upon us here now-a matter involving nearly half a million of dollars, and I have not time to hunt up authorities. Look at the transaction of yesterday. A report came in, in relation to this claim seeking to lay down principles of equitable liability on the part of the State for these claims and that report was withdrawn this forenoon. My record is made in relation to that report. The report is not of record on the journals of this Senate, however, it having been withdrawn by the consent of the Senate.
A call of the Senate was demanded and being ordered and taken, forty members answered to their names.
The amendment was agreed to.
The bill was then ordered to be read the third time by yeas 30, nays 9.
Mr. CARSON made an ineffectual motion to adjourn.
The bill [H. R. 119] appropriating four hundred and thirteen thousand five hundred and ninety-nine dollars and thirteen cents to pay claims of sufferers by the Morgan raid, being read the third time-
page: 385[View Page 385]Mr. BELLAMY demanded the previous question.
The Senate seconded the demand, and under its pressure The bill passed the Senate by yeas 26, nays follows:
YEAS-Messrs, Andrews, Bellamy, Caven, Church, Cravens, Denbo, Elliot, Gifford, Green, Hanna, Henderson, Huey, Huffman, Humphreys, Jaquess, Johnson of Spencer, Lee, Montgomery, Morgan, Rice, Robinson of Madison, Scott, Sherrod, Taggart, Turner and Wood-26.
NAYS-Messrs. Beardsley, Carson, Case, Fisher, Fosdick, Gray, Hadley, Hamilton, Hess, Hooper, Kinley, Robinson of Decatur, Smith and Wolcott-14.
Pending the roll call-
Mr. JOHNSON, of Spencer, when his name was called, in explanation said: Mr. President: I have some misgivings as to the vote I am about to give on this bill. I have been ranked among the voters against it, but I have come to the conclusion that in all human probability this claim will-one day be paid out of our State Treasury, as it seems to be gathering strength every time it is brought up in this body. I greatly prefer its being paid now than at any other time, as the claims are now in the hands of each individual claimant, and at some subsequent time they will be brought up by a few individuals. I have concluded with a great deal of reluctance to vote for this-bill as it now stands believing that it is better to pay the claims now than after they are owned by a few individuals.
The LIEUTENANT GOVERNOR announced the vote as above recorded.
So the bill passed.
