IN SENATE.
TUESDAY, April 13, 1869.The LIEUTENANT GOVERNOR called the Senate to order at 9 o'clock A. M , parsuant to adjournment, and said: In the opinion of the Chair there is a quorum present. The Secretary will read the journal of yesterday.
The Secretary's minutes having been read.
The LIEUTENANT GOVERNOR, I see the Senators from Bartholomew, Allen and Cass; if they will come forward I will administer the oath.
Accordingly Messrs. Lee, Carson and Laselle came forward and were sworn into office.
RULES AND ORDERS.
Mr. STEIN, from the Committee on Rules of the Senate, reported the rules of last, session, with changes in rules Nos. 8 20 36 and 40, and inserting 37 and 38 of the session of 1867.
fter debate thereon, the amendments were adopted, except the amendment proposed to rule 36.
On motion of Mr. STEIN, 200 copies were ordered printed.
The LIEUTENANT GOVERNOR announced that he should make no changes in the standing committees of the Senate, in reply to an itqairy by Mr. Armstrong Concerning the printing of the standing 4committees in the rules, which was so ordered.
CORRECTION.
Mr. FISHER, Mr. President: I see here is some incorrect report made in the JOURNAL of this morning [Be read as follows from yesterday's proceedings immediately following Mr. Hooper's resolution]:
"Mr. BRADLEY I rise to a point of order, or I will say this : I would prefer that the resolution would be with drawn for the present. I have an idea which is very strong that we will get along with the organization in a very short time: but if that is thrust in, the organization will be farther delayed. I hope the Senator will nt press the resolution.
"Mr FISHER (in his seat) How long shall we wait? Forty days and forty nights?
"Mr FISHER(continuing) No sir. not forty days and forty nights, The point of order is that we can't pass a resolution. The preamble is not-I shan't say it is not true, but we have no right to declare a thiug that we don't know whether it is true or not."
This last, instead of being the language of "Mr Fisher," is the language of "Mr. Bradley."
Although it has proved to be a fact that he do not have to wait so long, yet I do not want to appropriate the hours that properly belong to the Senator from Laporte [Mr Bradley].
Mr BRADLEY. I do not know whether the matter is debateable, but I think it is hardly worth while to correct it, for any person that would read the paper would know--
[The remainder of the sentence was drowned by the laughter of Senators near the speaker.]
Mr CHURCH, from the special joint committee appointed to wait upon the Governor, reported that it would be his pleasure to meet the two Houses in the Representatives' Hall at four o'clock P. M , to day.
PETITIONS.
Mr. JOHNSON, of Montgomery, presented a petition praying for the passage of a law abolishing April elections.
Mr CASE presented petitions praying for the prohibition of the liquor traffic.
EMPLOYES.
Mr. GIFFORD offered a resolution, which was adopted, authorizing a committee of three to limit the number of employes.
SEATS.
Mr. JOHNSON, of Montgomery, offered a resolution that seats be assigned by lot.
On motion by Mr. WOLCOTT, it was laid on the table--yeas 28; nays 14.
UNIVERSAL SUFFRAGE AMENDMDNT.
M. CRAVENS, Stating, among other things, that the Constitutional Amendment has never been before this body except as presented through the message of the Gov- page: 42[View Page 42]ernor, offered the following (noting the floor to offer a concurrent resolution, the purpose of what he indicated):
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 eve a 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, for all intents and purposes, as a part of this Constitution panel. :
"ARTICLE XV
"SECTION 1 The right of the citizen 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 article by appropriate legislation"
Wherefore
Be it Resolved by the General Assembly of the State of Indiana that said fifteenth Amendment the the Constitution of the United States is hereby accepted and ratified on the part of the State of Indiana.
The resolution having been read by the Secretary -
Mr. CRAVENS said: Now, Mr. President, the resolution is before the body and in order to dispose of it for the present and in order that it may not be in the way of legislation -
Mr JOHNSON of Montgomery. Is this the first reading of the joint resolution?
The LIEUTENANT GOVERNOR A joint resolution is not required to be read three times. At least it has been the custom here to read joint resolutions but once.
Mr CRAVENS Now for the purpose of disposing of this resolution, and getting clear of it for the present, and in order to fix the time when it shall be considered, I offer the following resolution:
Resolved by the Senate the House of Representatives concurring, That the consideration of the joint resolution accepting and ratifying on the part of Indiana, the proposed Fifteenth Amendmet to the Constitution of the United States be postponed and made the special order for action at 2 o'clock PM on Tuesday, the eleventh day of May next ensuing in joint Assembly of the two Houses to be held in the Hall of the House of Representatives on said day and said hour.
Mr. CRAVENS, Now, Mr President the resolution explains itself. I demand the previous question.
Mr HANNA. There is such a thing as fairness in the prosecution of the business of this body. I hope the Senator will withdraw the motion for the previous question. This is a proposition to raise a joint convention of the two Houses, and that is outside of the understanding.
Mr. CRAVENS If there is any understanding about it, I do not know it.
Mr. HANNA. I ask the members of the majority whether they want to stop this session here?
Mr GIFFORD (in his seat). I desire to leave in case this is pressed.
The LIEUTENANT GOVERNOR The previous question having been demanded, the Chair is obliged to stop the discussion.
The Senate refused to second the demand for the previous question upon a division - affirmative 17; negative, 20.
Mr. HANNA I move now to strike out that portion providing for a joint convention of the two Houses.
The motion was rejected by yeas 20, nays 24 as follows:
YEAS Messrs, Bird, Bradley, Carson, Denby, Gifford, Honas, Henderson, Hooper, Hoffman, Humphreys, Jacques, Johnson of Spencer, Johnson of Montgomery, Laselle, Lee, Montgomery, Morgan, Sherrod, and Taggert - 20
NAYS - Messers. Andrews, Armstrong, Beardslet, Belamy, Cave, Church, Cravens, Eliott, Fisbee, Fodick, Gray, Green, Hodey, Hamilton, Hess, Konley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood -24
Mr. HANNA I do not want to act hastily on this matter I want to make one more effort in good faith For the present I move to lay both resolutions on the table - till we can have a talk with our friends.
The LIEUTENANT GOVERNOR It was not competent to move to lay two subjects on the table, but inasmuch as these seem to belong to each other, it may be proper, though I am not quite clear about it.
The motion was entertained by the Chair, the yeas and nays were called and
Mr. ANDREWS, when his name was called, in explanation of his vote said: I really wish to take no advantage of our opponents in regard to this question.
Mr. HANNA. (interposing ) I withdraw my motion for the present, as several Senators say they want to hear the question discussed. He said the minority are ready to take up all the legitimate legislation nescessary to carry on the affairs of the State Government, and perhaps a great deal more, but stand here desiring to opposed the adoption of the Constitutional Amendment. He opposed the concurrent resolution proposing a joint convention for the consideration of the amendment on the 11th of May, because it is outside of the arrangement made with me we consider honorable, and who will stand up to their engagements, and consequently would be a breach of good faith &c.
Mr CRAVENS regarded a vote upon this Constitutional Amendment as a part of the necessary legislation of the State; and as a proposition confluencing with any pledges of obligations known to him. He was not fully clear by that a majority of the Senate and House constututed the Legislature.
Mr SCOTT was of the opinion that a joint convention without a quorum of the page: 43[View Page 43]two Houses was a nullity and with that view could not see that this proposition was a breach of good faith.
Mr BRADLEY declared that what he did to bring in a quorum of the Senate was done upond faith in the verbal promises made to him personally by Senators of the opposite party; and he would regard the passage of the resoution such a breach of good faith as to put it out of his power forever to trust the promises of gentlemen from the other side. Strike out of the concurrent resolution all that looks to a joint convention, and he would be willing to see it pass.
Mr GIFFORD came up here fully instructed to vote and use his influence to prevent the ratification of this proposed Amendment, until the people have had a fair opportunity to express themselves at the polls on this subject. He was instructed to resign at every full change of the moon if nescessary to defeat this measure.
Mr HOOPER'S view was that if a quorum should not be here, then the adoption of this constitutional amendment would be inoperative and void. Therefore, he saw no act of bad faith whatever in the proposition before the Senate.
Mr. HANNA, expressed some doubts as to the legality of a ratification made by a joint convention, in an argument which he made to this point. When he had concluded -
Mr JOHNSON of Montgomery, offered the following amendment:
The LIEUTENANT GOVERNOR Before the amendment is considered I would like to lay before the Senated a message received from the House, as it perhaps ought to be acted upon before the adjournment
The Secretary read the House concurrent resolution for a joint convention to secure the services of a minister of the Gospel to open the session in joint convention, this afternoon, with prayer
The resolution was concurred in
The LIEUTENANT GOVERNOR makes the committee on the part of the Senate to consist of Messrs. Hanna, Hamilton and Morgan.
The Secretary read the resolution of the House inviting the Senate to join convention, at 4 o'clock, to receive the Governor's message.
Mr HANNA What would be the ruling of the Chair on the subject of adjourning that convention to another day?
Mr CHURCH. I do not think the Chair called upon to determine a question which is to arise in the future.
Mr HANNA I have great confidence -
The LIEUTENANT GOVERNOR The Chair would not hesitate to give a ruling when such a question may arise. I do not think that the Chair has any power over a joint convention.
Mr HANNA Under that decision, I will not object to the resolution
The LIEUTENANT GOVERNOR Is there any objectioin to the consideration of the resolution?
Mr. HANNA I move to postpone its consideration until two o'clock
The LIEUTENANT GOVERNOR If there is any objection, it cannot be taken up
Mr. JOHNSON of Montgomery's amendment was then read as follows:
"Strike out a'l that refers to a conccourrence of the two Houses and strike out that part which refers to joint convention of the two Houses"
Mr. BELLAMY The amendment is out of order, or cause a motion of that kind has been voted down.
The LIEUTENANT GOVERNOR. It is slightly different, aud the chair will rule it in order.
Mr. LASELLE had not the least doubt but that if the Senate passed this resolution the House will pass it, at the day fixed, whether there be a quorum in either House or not; that a joint convention has the power to pass the resolution ratifying the Constitutional Amendment.
Mr CHURCH spoke in favor of the resolutions, and at length against the principle of allowing minorities to dictate and shape legislation. When he had concluded -
The Senate took a Recess till two o'clock P M.
AFTERNOON SESSION.
Mr STEIN contended that the passage of the concurrent resolution did not involve a breach of faith on the part of the Republican members of the Legislature. The members of that party are unrammled by any pledges, and the Democratic members came back to their seats not upon the strength of pledges made by our party. They came back at their own risk, without pledges
Mr HANNA, in reply, urged considerations against the adoption of the resolution
Mr FISHER believed that in the passage of the resolution we are acting in perfect good faith, and for one he was unwilling to yield to the dictation of the minority in this matter. He believed that a majority of the members of both Houses voting in joint convention in favor of the Constitutional Amendment would be sufficient. What is wanted is a majority of the Legislature
Mr. GRAY should give his vote so as to bring about the passage of the measures believed the people to be most interested in, and then was ready to take up this Consti- page: 44[View Page 44]tutional Amendment and vote upon it, whether we have a quorum or not.
Mr. RICE contended that we could not pass the Constitutional Amendment with the Democrats outside. It the Democrats sit quietly by, here and in the House, and let this resolution pass, that organizes the joint convention with the majority, and that convention votes without respect to them, and you virtually effect the passage of the Constitutional Amendment to day.
Mr. JOHNSON, of Montgomery, moved that the resolutions and pending amendment be postponed and made the specia1 order for the llth of May next.
Mr. CRAVENS Inasmuch as this debate has gone as far as, perhaps, is practicable, and inasmuch as many of his party friends are not in favor ot the concurrent resolution, and inasmuch as he did not feel authorized to assume the responsibility of delaying legislation and further disturbing the harmony of this body, if the Senator from Montgomery would withdraw his amendment and motion to postpone, Mr. C. would put an end to the matter.
Mr. JOHNSON of Montgomery. I would like to know what kind of an end? [Laughter]
Mr CRAVENS. I will say to the Senator that I will put an end to it that will be satisfactory to him.
Mr JOHNSON, of Montgomery. With the understanding that I have the privilege of the floor to press the same amendment, if it is not, satisfactory, I will withdraw it.
Mr. CRAVENS. I go into no understanding
The LIEUTENANT GOVERNOR Does the Senator from Montgomery withdraw the motion to postpone?
Mr. JOHNSON, of Montgomery. Yes, sir
Mr CRAVENS. Then with the consent of the Senate, in order to put, this matter at rest, and leave the whole matter and the whole responsibility in the hands of the majority, for them to take whatever course they see fit, I ask permission to withdraw both the joint resolution and the concurrent resolution.
The LIEUTENANT GOVERNOR Is there any objection? The Chair hears no object. It is no ordered. The Chair lays before the Senate this message from the House.
The Secretary read an invitation for the Senate to attend in joint convention, at four o'clock, in teh hall of the House, to hear the Governor's message.
The invitation was accepted, and the hour having arrived and passed, Senators repaired to the Hall of the House instanter.
When they returned-
The Senate adjourned till 2 o'clock P M, tomorrow.
