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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME NINETEEN.
INDIANA LEGISLATURE.

IN SENATE.

WEDNESDAY, January 19, 1881-10 a. m.

The Lieutenant Governor required attention while prayers were said by Rev. Oscar C. McCullough, pastor of the Plymouth Congregational church of the city of Indianapolis.

The Lieutenant Governor laid before the Senate a number of claims from several persons for services in the organization of the Senate, which were referred to the Committee on Claims.

Messrs. Sayre and majors presented petitions on the subject of temperance, which were referred to the Standing Committee thereon without reading.

Mr. Foster presented a petition from 200 citizens of Terre Haute, praying for a law authorizing the establishment of Public Libraries in connection with the Common Schools in cities containing 15,000 inhabitants and over.

Some half dozen bills were reported back from the Standing Committees of the Senate, which, under the rule, lie on the table till the bills are called up for the second reading.

The bill [S. 62]: To remove disabilities of coverture. Coming up with a favorable Committee report thereon.

Mr. Bell said: This bill lays the ax at the root of the tree, so to speak. There has been great progress in this direction in Indiana within the past few years. Whether it is better to leave this matter as it was has been a serious question, but now a married woman has become a legal bodyizer in Indiana. But two years has elapsed since she was allowed to testify for or against her husband and while previous to that time it was a matter of great doubt, for one, he has many a time since wondered the change was not made sooner. Inasmuch as such progress as been made, he saw no harm going the full length,with the single exception that she shall not incumber her real estate without the consent of her husband.

The Committee report was concurred in.

Mr. Viehe he moved to amend in these words: "Provided that nothing herein mentioned shall make a married woman a competent witness as to any matter to which she can not testify."

The bill and proposed amendment was made a special order for to-morrow morning at 10 o'clock.

The bill [S. 53]to amend the charter of the city of Evansville coming up, with a favorable Committee report--

Mr. Rahm said: The bill only affects the city of Evansville. In a week from now the delinquent list will go into the hands of the printer. If this bill passes it will save the city a good deal of money by allowing the posting of notices of sales for non-payment of taxes instead of printing the delinquent tax list in a newspaper. In view of this necessity, he moved for a suspenstion of the constitutional restriction that the bill may by pressed to the third reading and passage to-day.

The motion was agreed to--yeas 48, nays 0--the bill read the second time by title only, considered engrossed, read the third time by sections, and passed the Senate by yeas 47, nays 0.

The Special Committee on the bill [S. 3] for the calling of a Constitutional Convention declined, to make any recommendation other than that it be considered at an early day by the Senate.

On motion by Mr. Brown, the report of the Committee was concurred in, the bill made the special order for Tuesday next at 2 o 'clock, 200 copies ordered printed.

Mr. Viehe offered a resolution, which was adopted, directing the Judiciary Committee to report as to whether amendments to the Constitution of the State can be proposed for ratification by the voters of the State while the lately proposed amendments remain neither ratified nor rejected by the people.

Mr. Shaffer offered a resolution directing a Committee examination into the needs of the Asylum for Feeble Minded children, and a report made as to what legislation may be required to continue and enlarge the usefulness of said Asylum.

It was referred to the Committee on Benevolent Institutions.

NEW PROPOSITIONS.

The following described bills were introduced, read the first time and severally referred to appropriate Committees:

By Mr. Henry [S. 121]: Providing for the letting of contract for publishing of advertisements growing out of the duties of any County or Township page: 59[View Page 59] officer, by County Commissioners, including the printing of the delinquent list.

By Mr. Howard [S. 122]: Providing for the partition of lands, setting off parts of and assigning dowers therein, or locating roads and defining the duties of Commissioners, Surveyors, and Reviwers in such cases necessary.

By Mr. Davidson [S. 122]: To amend Section 6 of the supervisor of highway act.

By Mr. Kramer [S. 124]: To amend Sections 103 and 104 of the Common School law.

Representatives Cauthorne and Lindsley now appeared at the bar of the Senate, and being announced by the Doorkeeper and recognized by the President of the Senate--

Representative Cauthorne stated that by direction of the House of Representatives, a Committee of Members of the House was in waiting to escort the Senate to a Joint Convention, to be held instanter in the hall of the House, where seats had been provided for Senators.

On motion by Mr. Hefron the Senate left its chamber to attend the sittings of the Joint Convention.

When Senators had returned and resumed their places in the Senate Chamber, on motion by Mr. Bell, it was ordered, it being about 1 o 'clock p.m., that when the Senate adjourns it adjourn to meet at 3 o 'clack p.m.

AFTERNOON SESSION.

Mr. White, from the Special Committee thereon, reported resolutions expressing the sorrow of the Senate on the death of Benjamin L. Davenport, recently a member of this body, from the County of Elkhart: as follows:

MR. PRESIDENT--Your Committee appointed to propose resolutions expressing the sorrow of the Senate on the death of Hon. Benjamin L. Davenport, late a Senator from the County of Elkhart, beg leave to present the following:

Resolved, That the Senate has heard with profound sorrow of the death of Hon. Benjamine L. Davenport, late a Senator from the County of Elkhart, and a member of the former body.

Resolved, That in his death the State has lost a most noble and trustworthy citizen and a worthy Senator,ever ready to work for the best interest of his people and the State; and we can but revere his many private and public virtues.

Resolved, That as Senators who had the pleasure of serving with him in this body during the last session, knowing his many noble qualities, shall ever cherish his as one guided only by the brightest sense of justice and right; that a copy of these resolutions be sent by the Secretary to the bereaved family.

Resolved, That as a testimonial of our respect to the memory of our brother Senator, that the Senate do now adjourn.

D. H. WHITE,

A. H. SHAFFER,

D. J. HEFRON.

Mr. White, in moving the adoption of the resolutions, said he did so with the deepest feeling of respect, for the deceased Senator represented his constituency with that fidelity and honor which he ever endeavored to carry out to the best of his ability. Rising from the people, he knew what was their desires, and endeavored to carry out their wishes.

Mr. W. then proceeded to give a historical account of the life of the deceased.

Senator Shaffer spoke as follows:

MR. PRESIDENT-I arise in support of the resolution which has just been offered by the Senator from Elkhart, to pay common tribute of respect to the memory of a friend with whom I have been so very intimately associated at the last session of the Legislature. I had the pleasure of sitting by his said during the whole term as well as the extra session of the Fifty-first General Assembly. I knew him well, and to-day we should not only revere the name of Benjamin L. Davenport, but the ordinary business of this Senate be suspended that the attention of all its members may be directed, for a few moments, to an event full of admonition, and which awaits us all. Not long ago he whom we now mourn was amongst us in robust health, giving promise of many years of usefulness: but his great heart has ceased to beat, and he sleeps the sleep that knows no waking. We are yet beyond his honored grave, and can only recall the graces and good qualifications of his life. A good man has gone to his rest, and The world is poorer for his loss, though richer and better because he once lived. No word of mine can add anything to the sorrow which envelopes the memory, nor increase the respect which in life his high character challenged from all who came in contact with him.

Benjamin L. Davenport was a man without and pretentions. He was industrious, earnest and true; without obstinacy, he was firm; without selfishness, he was unscrupiously honest and conscientous in all things, faithful and just to his opponents.

Mr. President, the shafts are falling thick and fast among us. The Senate is called upon by this dispensation for the second time to mourn the loss of one of its members from the County of Elkhart, and in this just tribute we can only bow our heads in humble submission and testify our grief at the tomb of the State's public servants. But, sir, it is admitted that the most gracious boon conferred by a merciful Providence upon all of us is that we may not know the hour or the manner of death. When it comes to us in the full vigor of our activity, especially after long, long years of well-spent life, as a relief from care, with an humble Christian hope of a future and better life to come, such a departure calls neither for tears nor mourning in his behalf, whose life has been so blessed by its ending with the full confidence that his name is not only remembered by his friends, but by the people of the State. Then, Mr. President, we have presented to us in these memorial services the subject of an honest, patriotic citizen. His patriotism was too ardent to lend its ear, to the voice of mere policy. He was a most valuable member of the Republican party, for he was in it from conviction, and was unswerving and unceasing in labor and counsel to keep alive the aggressive spirit which leads to party achievements. He did not falter, though others fell behind. he wrought life's work with a fervent heart; his duties had been well performed, and his days well spent.

  • "Oh, what glory doth this world put on
  • For him who with fervent heart goes forth
  • Under the bright and glorious sky, and looks
  • On duties well performed and days well spent.
  • For him the winds, aye, the yellow leaves
  • Shall have a voice and give him eloquent teaching;
  • He shall hear the solemn hymn that Death
  • Has lifted up for all, that he shall go
  • To his long resting place without a tear.

Senator Heffron delivered the following address:

MR. PRESIDENT--I rise to join in these memorial exercises and add my humble tribute of respect to the memory of our departed fellow-member and associate. And, Sir, while I participate in these exercises, I am reminded that this venerated custom, these appointed tributes to the memory of our departed associates who have crossed the "dark river," are not the shallow and empty formalities of a deliberative body, but that they are the solemn and refined evidences of our Christian civilization that have their source in the virtues of the Christian character and the deeper sympathies of the human heart. There is no nobler tribute to our intelligence that that which does honor to our dead. Death is the com- page: 60[View Page 60]mon lot of all, none so high and none so low but must pass in the same solemn train.

  • "The rich, the poor, the base, the brave,
  • In dust without distinction lie."

And this reflection should bring us to a realizing sense of the beauties and excellences of the practice in life of charity, liberality and forbearance toward our fellows. And here I may be permitted to say that no man possessed in a higher degree those noble traits of character than him whose death we mourn to-day.

Mr. President, Senator Davenport was my friend, and, in the well expressed language of another, "he made me his friend by being mine." He was my senior by many years. We came from almost the opposite extremes of the State, and in politics we differed as widely as the Poles. Yet, sir, with his diversity of age, habitation and political opinion, a warm friendship sprang up betwen us that I shall ever cherish as one of the pleasantest associations of the session of 1879. I met him for the first time upon the assembling of this body at its last session, and it was my good fortune to be associated with him upon the same Committee. The duties of that Committee called us many days from the Chamber, and in the discharge of those duties we had to traverse the State from Michigan City to Jeffersonville, and while thus associated with him I had an opportunity of becoming acquainted with him, to some extent, in the social and private ways of life, and, sir, a truer, more generous or kinder-hearted man I never knew. And I recall this moment, with the kindliest recollection, that on entering this Chamber each morning during the last session, and passing that desk yonder, the hand of Senator Davenport was extended to grasp mine in friendly greeting with a warmth of cordiality that made one feel that his heart was given with his hand. This was not a hypocritical friendship. He would not be your friend for a purpose, or because he had designs upon you, but he was cordial arid friendly to all because it was the natural impulse of his nature to be open-hearted, generous and true; because he possessed those noble traits of character which dignify and ennoble human nature; qualities of the heart, sir, by which we are to estimate, not only human greatness, but human perfection.

He laid no claim to superior statesmanship or the qualifications that fit men for the front place in public life, but he possessed that great, good common sense that fit men for the graver and more important duties of citizenship, that common sense that is the symmetry of mind, of character and purpose in the individual combined and which clothes him with dignity, invests him with power and stamps him with superiority. He was not a great man in the sense of oratory or statesmanship. He was not great in the sense that sways multitudes and commands armies, but, sir, he was great in the simple virtues and frugal habits of honorable citizenship. While he brought to the discharge of every public duty devolving upon him a conscientious desire and inflexible purpose to find the right and maintain it without fear or favor, yet, the duties and life of a public servant as he often expressed it, were not to his tastes or inclinations. He preferred to be back where he had spent his boyhood and young manhood, mingling with and directing the artisan and mechanic, the material wealth-builders of our day; back amid the dim and whirl of the machinery that his own enterprise and energy had put in motion, where the pulsing, throbbing heart of active industry sends life and vigor through every channel of business and social enterprise. But, his toils are ended. He was summoned by the Inscrutible Dispenser of the universe to answer the call of the roll in that Chamber not made with hands. By a life of frugality and honorable industry he has left to his stricken family a nandsome competence and the heritage of a good name. Peace to his ashes.

Mr. Comstock did not rise expecting to to add anything to what has already been said in memory of ex-Senator Davenport; he only rose prompted by the common impulse which induces an expression of regret for the death of a worthy citizen. It was not his privilege, as it has been of those who preceded him, to have an intimate personal acquaintance with the late Senator, but was impressed with the fact that he was a man possessed of liberal and broad views, and one who had shown himself to be conscientious, as well as discriminating, in judgment, and no higher tribute can be paid to a member of a deliberative body.

On motion by Mr. Bell the resolutions were adopted by a standing vote.

And then [in accordance with the last resolution] the Senate adjourned.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, January 19, 1881, 10 a. m.

The Speaker called the House to order, and prayer was offered by Representative T. M. Livingstone.

The Clerk commenced the reading of the Journal, and proceeded as far as that part relating to the ballot for United States Senator, after which, on motion, the further reading was dispensed with.

On motion by Mr. Ryan, the Senate amendment to the title of his bill [H. R. 120], to provide two clerks for the Joint Committee on Revision of Laws, was read and concurred in.

Mr. Furnace offered a resolution, which waa adopted, authorizing the appointment of a Committee of five on Woman's Suffrage, which the Speaker made to consist of Messrs. Cauthorne, Kerr, Hargrove, Lindsey and Skinner.

A number of petitions on the subject erf temperance were presented and referred to the Committee on that subject, the first one only being read.

On motion by Mr. Cauthorne, the concurrent resolution of the Senate for the appointment of a Joint Committee of three to report to the General Assembly suitable resolutions upon the death of the late Governor James D. Williams, was taken up and concurred in.

NEW PROPOSITIONS.

The following-described bills were introduced, read the first time, and severally passed to the second reading:

By Mr. Buskirk [H. R. 124]: In relation to election and qualification of Prosecuting Attorneys--defining their duties, providing for their compensation, etc. At each general election there shall be elected in each Judicial Circuit a Prosecuting Attorney, who shall prosecute the pleas of the State in the Circuit, etc.

By Mr. Hamilton [H. R. 128]: To regulate the practice of medicine in the State of Indiana. It shall be unlawful for any person to practice medicine after September 1, 1881, without a certificate of qualification issued to said person by one of the Board of Examiners as hereinafter provided for, [the Board to consist of three Examiners, who shall issue certificates to all reputable graduates of Medical Colleges, etc.]

By Mr. Teter [H. R. 129]: Appropriating certain moneys for the relief of former employes of the Orphans' Home at Knights town [that there be appropriated to the former employes of the Home the sum of $3,950 to reimburse them for losses sustained at the burning of the Home in 1877.]

By Mr. Bryant [H. R. 130]: A bill for an act to amend Section 3 of an act touching the laying out, vacating, and using streets, alleys, squares, etc., of towns, and providing for the change of name of such towns, approved May 20, 1852. (To legalize the acknowledgment of plats of cities and page: 61[View Page 61] town plats, and the conditions thereto, and requirements of the same.)

By Mr. Hammond [H. R. 131]: To provide for the payment of no money out of the County Treasury, except upon claims which have been passed upon and allowed by Courts of competent jusrisdiction.

By Mr. Jackson [H. R. 132]: To authorize the Auditor of Dearborn County to report to the Superintendent of Public Instruction, in relation to the school fund, etc.

By Mr. Moody [H. R. 133]: To amend an act concerning married women. (A woman shall be subject to the same liabilities as if she were unmarried.)

Mr. Hargrove moved to amend the rules, so that the daily session shall hereafter commence at 9 a. m., which, in accordance with a rule of the House, has to lay over until to-morrow.

By Mr. Thompson [H. R. 134]: To amend Section 1 of an act entitled an act authorizing the appointment of short-hand reporters for certain Courts of record in this State, in Counties containing a population of 70,000 or more, and prescribe their duties and compensation of such reporter. Approved March 10, 1875, and approved March 6, 1877. [Where 7,000 votes or more were cast in a County there may be appointed one or more short-hand reporters to take down in short-hand the evidence and note proceeding in the trial of cause pending in such Court when, in the opinion of the Judge, the evidence ought to be taken down, or when the parties to the cause agree that the same shall be done.]

By Mr. Thompson [H. R. 135]: For the letting of bridge contracts where the cost of the same exceeds $500--requiring contractors to file a bond and provide for the engineer to prepare specifications.

By Mr. Huston [H. R. 136]: To appropriate the sum of $60,000 for the purpose of liquidating the indebtedness of the Indiana State Board of Agririculture, provi ding that the State shall hold the ground for the use of the Board of Agriculture, until such time as they may otherwise arrange, and require the Board of Agriculture to make and keep up all needed improvements.

By Mr. Marshall [H. R. 137]: To repeal Section 1 of the act entitled an act to provide for the protection of fish.

By Mr. Fuller [H. R. 138]: To regulate the charges of Railroad Companies for the transportation and handling of wheat, corn, flour, lumber, staves and other articles, and fixing a maximum rate therefor, and prescribing a penalty for the violation of said provisions. [The maximum rate shall be for a distance not to exceed twenty-five miles, six cents for each 100 pounds, and all distances exceeding twenty-five miles, seven cents for each 100 pounds, and all distances exceeding fifty miles, eight cents for each 100 pounds, and exceeding seventy-five miles, ten cents per 100 pounds, etc.; provided such distance shall lie wholly within its own road, and consignor put it on board the cars free of charge. The Railroad Company is not allowed to extra charge for switching, etc.]

By Mr. Bartlett [H. R. 139]: To provide more effectually for the care, support and education of pauper children. [To place for care of said children a matron of good reputation and character, at some suitable place in such County, and not connected with the County Asylum of such County; matron shall not receive less than twenty-five cents nor more than thirty cents per diem for each person intrusted to her care.]

Mr. Kenner offered a resolution in reference to the reconstruction by the United Staves Government of the Wabash and Erie Canal upon the petition of the people of Ohio, Indiana, any government of the United States, through Congress, and deem such a project practicable and profitable. The construction of this canal, as contemplated, is a national necessity, and will be of great benefit to the country at large; therefore, Indiana's Senators and Representatives in Congress are requested to use their honest endeavors to secure the necessary appropriations to construct this great work.

Mr. Cauthorne moved that the resolution lie on the table in order that the House may take action in relation to forming a Joint Convention in which to elect a United States Senator, and that seats be vacated on south side of Hall for Senators, and that the Speaker appoint two members of this body to repair to the other branch of thie General Assembly and escort the Senate in.

The motion was agreed to, and accordingly the Speaker made this Committee to consist of Messrs. Cauthorne and Lindsley.

The Committee retired and soon thereafter returned with the Senate.

When order had been partially restored, Senators being seated on the right of the Speaker's chair—

The Lieutenant Governor said: The purpose of this Joint Convention is to compare the votes cast in both branches of the General Assembly on yesterday for a person to represent the State of Indiana in the United States Senate for six years from the 4th of March next; and following that, if there was no election on yesterday, to proceed to the election of a United States Senator; and also, after that business shall have been completed, to elect a State Librarian. The Assistant Secretary of the Senate will read that part of the Senate Journal of yesterday relating to the vote for United States Senator.

On motion by Senator Menzies, a call of the Senate and House of Representatives was ordered by consent, and, being taken, discovered fifty Senators and ninety seven Representatives present and answering to their names.

By direction of the Lieutenant Governor, the Assistant Secretary of the Senate read the portion of the Senate journal indicated, and the Assistant Clerk of the House read a like portion from tha House journal; whereupon--

The Lieutenant Governor said: "It appearing from the reading of the journals of the Senate and of the House of Representatives that no person has received a majority of the votes cast in both Houses for the office of United States Senator on yesterday, I therefore declare there was no election, and hold it proper that the Joint Convention now proceed to the election of a United States Senator. Nominations are in order."

Senator Grubbs, said:

MR. PRESIDENT--To me has been assigned the grateful task of placing in nomination the unanimously selected candidate of the Republicans of Indiana for United States Senator. I accept it as a personal privilege; nay more, I esteem it as the proudest and most grateful task of my life.

A member, when on the tented field, of the military family of the distinguished citizen whom I shall name, learning at his feet the rudiments of the law that is over us all; sustaining to him personal, social and political relations, that warrant me in saying that I know the qualities of both his head and his heart; were I speaking for myself to-day, my words, Mr. President, would be those only of unmeasured eulogy. But such words would be inappropriate to this occasion, for this honor is not tendered to its recipient as a representative man and typical Republican. The Republicans of Indiana are not unmindful of the history and exalted position of our State, standing, as she does, the fifth in population and material wealth in the galaxy of States. They are not unmindful that for twenty years past Indiana, by the acknowledged ability and sagacity of our representatives, has been a recognized power, and has exerted a commanding influence in the councils of the Nation. They are not unmindful, further, that in this page: 62[View Page 62]transition period, when old things are passing away and a new era is dawning, great questions are arising, in the solution of which there will be needed foresight, philanthropy, broad statesmanship, inflexible courage and wise political tolerance. nor are they unmindful that in the Senatorial arena, where must stand or fall our champion, there are political giants, notably the polished Conkling, the scholarly Bayard, the far-seeing Sherman, and that to stand worthily among these our nomnee must be a man in the highest sense of the word. Remembering all these, and determined to measure up to these great requirements, the Republican party presents a man who takes a just pride in our State, a man who in ability, breadth of mind, thoughtfulness and sagacity, will measure up to the demands of the hour and the place, who will take with him to the discharge of his duties a mind trained, disciplined and sharpened in the severe contests of the forum, and who, with readiness and honest purpose, will grapple with and master the problems of statesmanship; a man who by his native force of character, his habits of thoughtfulness, and his almost national reputation, will at once command the respect and confidence of his brother Senators.

More than this, it is a pleasure for me to say that the Republican party presents for this high office a man of unblemished character, of unquestioned integrity, and one who will ever hold pure and stainless the high trust with which we clothe him.

More than that. Remembering, the heroic deeds and sacrifices of our soldiers, living and dead, whose matchless gallantry covered the banners of our State with imperishable glory and silenced forever the foul slanders that had challenged the courage of our citizen soldiery, the Republicans of Indiana- faithful to their pledges- present a volunteer soldier to whom the honor of the country and the salvation of the Nation was dearer than the delights of home and the emoluments of office, who, doing no more, yet did no less than others, when he freely offered his services that this Government of the people, by the people and for the people should not perish from the earth; and thus he stands as the representative of the patriotism of the country, and for that grand army, living and dead, which saved to us and our children this, our Nation, these, our free institutions.

More than that. The Republicans of Indiana present this out nominee--and it is the highest encominum I can pass upon him--as the representative of this history the deeds, the principles, the progressive spirit, the hopes and aspirations, and now opening future of the Republican party. As the representative of its past, its present and its future, they ask that he shall go and worthily stand, not for himself, nor of himself, but for them and these principles: for the people whose servant he shall be, and whose voice he shall utter. They send him, backed by a mighty constituency, to give a loyal support to the incoming Administration of that man whose personal champion he was, and whose Administration, let us hope and believe, will be so distinctively American in its policy, so broad in its statesmanship and so elevated in its character, as not only to maintain the honor of the whole country, and bind us together in indissoluble bonds, but also to give a new lease of life and power to Republican principles and policies.

In the name, therefor, Mr. President of all the Republicans of Indiana and speaking their united voice: in the name of every man from lake to river who believes in honest money: in the name of every generous heart that would maintain equal rights for all; in the name of every foot of American soil and untrammeled right to free ballot and a fair count, I nominate for United States Senator from Indiana, General Benjamin Harrison.

Senator Chapman, said:

MR. PRESIDENT--As one of the Senators representing Marion county, it is my privilege to second the nomination of Benjamin Harrison, for the United States Senator. The Senate of the United States--the highest Legislative body of this great and rapidly growing Nation--is a sphere in which any man should feel flattered, if called upon to act. Into this Forum each State should send men of the best stamp, who will reflect credit not only upon the constituencies behind them, but upon the nation at large- men whose personal character, intellectual endowments, mental acquirements and devotion to duty gives an earnest of ability and unswerving purpose to perform honestly and creditably the duties of a Senator of the United States.

Such a man is Benjamin Harrison. All the years of his manhood he has lived in indiana as one of its best citizens. he has gone in and out before the people of this community for many years, and has preserved an unsullied character through all the contests of an active life, and passed, by general verdict, to the front rank in a profession which tests most severely the mental forces of its members. the Republicans of this general Assembly place him before that body, and before the people of the State of Indiana, upon the basis of his own life and qualifications as he himself has carried them out, and upon that basis ask you to give him your support. by advancing him we will hold up the renown of our State, and thereby contribute to the general welfare of its citizens. Again, as one of the representatives of his home, I second the nomination of Benjamin Harrison.

Senator Spann, said:

MR. PRESIDENT--I feel as if I would not be doing my duty were I not to add a word in behalf of this nomination, in the name of the Republicans of the Sixth District of Indiana with its 10,000 Republican majority. And, Mr. president, it is a gratification to me as a representative citizen of that District, to stand upon this floor, and by my voice assist in proclaiming the good name and deeds of the distinguished man just nominated for the Senate of the United States, as well as to vote for his elevation to that position. And a gratification comes to me in this: that when I cast a vote for a political trimmer, but that I cast my vote for a man who has not shifted with the political tide from one party to another for the purpose of place or office, but who has ever stood firmly imbedded and planted upon the bed-rock of principles underlying the old Republican party from the hour of its formation to the present time. There should be a time in the history of every man when modesty and worth and purity shall come to the front, and in this case modesty and purity have come to the front by the voice of the people, will take a seat in the rear. In behalf of the Sixth District of Indiana, I most cordially second the nomination of General Harrison.

Senator Bell, said:

MR. PRESIDENT AND GENTLEMEN OF THE CONVENTION--I have the honor on behalf of the Democracy of Indiana to place in nomination for the office of Senator in the Congress of the United States a gentleman who is well known to the people of this Commonwealth; so well is he known that he needs no eulogium at my hands upon this occasion.

He was a gallant soldier and officer in the Union Army during the war of the Rebellion. He has been often called buy the voice of the people of out State to serve them in positions of high trust and grave responsibility. He has always exhibited in the discharge of this public duties, such capacity, page: 63[View Page 63]such fitness for the place, such honesty, such fidelity to principle such fearless firmness in convictions and in actions, as to win the plaudits, not only of his party and personal friends, but also of the general public.

Able, ernest, honest, aggressive and courageous, he posses in an eminent degree those qualities which fit men for leadership. As should always be the case wit ha candidate for the high and honorable office to be filled her to day, his private character is without spot, stain or blemish.

Self-made, winning his way in the world by his own work and worth, and springing from the people , his sympathies, feelings and interest are consequently and necessarily closely connected and identified with the people, He would represent them and the Democratic party fitly and well. He would represent that element of the party which must control its future action in order to insure success and to achieve the greatest good for the whole country.

He would be worthy successor to the present incumbent of the office, who has served with distinguished ability, with credit to himself, and who has reflected honor upon his constituency as well as upon the entire Nation.

Mr. President I nominate the Honorable Isaac P. Gray, of Randolph County.

Representative Cauthorone, said:

MR. PRESIDENT--It was not my intention to second the nomination of any candidate proposed for United States Senator, but I see that Senators have set that example, and I propose to follow it. We have listened to the encomium by the gentleman who presented the name of General Harrison on the Republican side with pleasure. We have made preparation of eulogize the candidate who is presented by the Senator from Allen-(Mr. Bell), but we think we can borrow from the gentlemen who have presented the name of General Harrison the rhetoric that they have used upon this occasion and apply it to the candidate presented by the Democratic party, and it would be in keeping with his character as known to the people of Indiana.

I beg leave to assure the gentlemen on the opposition that they can present no name, however bright a representative of their party, who they propose to send as an Indianian to the Senate of the United States that will engender in our breasts any feeling of animosity, but on the contrary we will meet them half way. The gentleman has said, in naming the candidate he presented, that he is in favor of free elections and a fair count. No man should be present as a candidate for that high office who would not be in favor of the same thing.

The name of the distinguished gentleman proposed by the Senator from Allen stands as squarely upon that platform, and ever has, and I verily believe never will propose to interfere with the expressed will of the people at the ballotbox; neither will he ever attempt to interfere with the rights of citizenship. He is in favor of the logic of events and submits to the results of the war, and would not if he could deprive any class of citizens of the franchise bestowed upon them in consequence of the results of the war. I rise with pleasure to second the nomination of the distinguished gentleman proposed by the Senator from Allen, and I verily believe that if he is elected to the proud position to represent the sovereignty of Indiana in the proudest representative body on earth; that he will take his position there at once as one of the leaders of that body; that he will shine as a star amid the bright galaxy of American citizens who hold seats in that body; therefore, with pleasure, on behalf of the Democracy of that portion of the State from which i come, I second with pleasure, the nomination of Isaac P. Gray, of Randolph County.

Senator Poindexter--I nominate for United States Senator Hon. Gilbert De La Matyr.

Mr. Wheeler - I second the nomination of Mr. Da La Matyr for Senator of the United States.

There being no further nominations, by direction of the Lieutenant Governor, the Principal Secretary of the Senate Called the roll of the Senators, and the Principal Clerk of the House called the roll of Representatives, the vote resulting as a follows:

For Benjamin Harrison--24 Senators and 57 Representatives; total 81 votes.

For Isaac P. Gray--24 Senators and 38 Representatives; total, 62 votes.

For Gilbert De La Matyr--One Senator, and one Representative: total, two votes.

The Lieutenant Governor thereupon made proclamation as follows: Benjamin Harrison having received a majority of all the votes cast, I declare him duly elected to the office of United States Senator, to serve as such fro six years from the 4th of March next.

On motion by Senator Brown, Senators Grubbs, Chapman and Bell were appointed a Committee to notify General Harrison of his election.

The Lieutenant Governor announced the order of nominations for State Librarian.

Senator Bell nominated Mrs. Maggie F. Peedle who has shown her fitness for the office by the manner which she discharged its duties for the last two years.

Senator Chapman nominated Mrs Emma A. Winsor, of Putnam County.

There being no further nominations, the Lieutenant Governor said: "Senators and Representatives as their names are called respectively by the Principal Secretary of the Senate and by the Principal Clerk of the House, will respond and announce their choice for State Librarian."

The roll-call being complete, the Lieutenant Governor announced the result as follows:

The total number of votes cast for Mrs Winsor 81; for Mrs. Peelle, 61. Mrs. Emma A. Winsor having received a majority of all votes cast, the Chair delcares her elected State Librarian, to serve as such for two years, after the expiration of the term of the present incumbent.

Senator Grubbs, from the Committee appointed to wait upon the United States Senator-elect, reported the performance of that duty, and that General Harrison is now present.

The Lieutenant Governor then said : "Senators and Representatives in Joint-Convention Assembled--I now have the pleasure of presenting to you your Senator-elect, Benjamin Harrison."

MR. PRESIDENT, AND GENTLEMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF INDIANA--I am profoundly sensible of the profoundly grateful for, the compliment of the an election to the United States Senate. I am sure that we have in this country of ours, which is not unprolific in intellectual greatness and statesmanship, no man so great that he would not feel the responsibilities that pertain to the office of United States Senator, or so great that he would not have some sense of incompetency when he addresses himself to their discharge. Having had no experience in any legislative body, and almost none of public life, I shall take up the important duties which you have committed to me without the aid of any such other experience than that derived from my professional life and the intercourse which i have with the people in Convention and on the stump. And if as deep sense of responsibility to you and to the people of Indiana, and a very grateful sense of kindness received, shall not be a sufficient stimulus to bring into its best exercise the best powers I have, I shall be ashamed for myself.

I am here to thank not only the Republican Members of the Joint Convention, who have done me honor by their votes, but to thank also my Democratic friends, who while have not given me their suffrage, have given me that page: 64[View Page 64] which I highly appreciate, an honorable and generous opposition, and words of compliment upon the floor this House.

I shall expect to be a Republican; but in all those offices in which a Senator may serve his constituents, and in all those personal kindnesses in which he may make the visits of our people to the distinction of politics among those coming from Indiana.

I have no desire to detain you longer. Fro the distinguished gentleman whose place you have commanded me to take I have the liveliest personal regard. Senator McDonald has been my friend, and is, and will continue to be, I am sure. [Applause.] If we might yield in these matters to mere personal feelings, or give play to the exercise of mere politeness, I would be glad to say to him when he rises to give place to me, "Be seated." But iI am sure, though we regret to see his public life terminated for a time, that even Senator McDonald will not be found without his consolotion in retirement. [Laughter.] He will come again to those duties in life which he has honored before.

Again let me thank you for generous support and for generous opposition, and assure you it will be my highest ambition creditably to represent and faithfully to serve the people of Indiana.

The Lieutenant Governor then said the proposes for which this Joint Convention assembled being accomplished, I declare the Joint Convention adjourned sine die.

As soon as comparative quiet obtained, on motion the House took a recess for Dinner.

AFTERNOON SESSION.

The question recurring on the adoption of the resolution pending at the time of the meeting of the Joint Convention--

Mr. Kenner said that the people of Ohio, Indian and Illinois have taken the thing in hand and want to construct a water course which will aid navigation on the west and on the east, and that they considered it a necessity to commerce as well as a millitary necessity.

The resolution was then adopted by yeas 80; nays, 1.

On motion of Mr. Cauthorne, the House proceeded to the consideration of matter on the Speaker's table.

House bills numbered from 62 to 120 inclusive were read by title only and severally referred to the appropriate standing Committees.

Pending this order--

A resolution was adopted, authorizing the appointment by the Speaker of an additional Standing Committee of the House, to be known as a Committee on Public Health, and Vital Statistics.

Mr Hinton offered a resolution directing the Doorkeeper to place on the desk of each member on copy each of the Indianapolis Daily Journal Sentinel, Telegraph and News, and the weekly Review, Herald, Republican, Sun, Western Citizen and Leader, the weeklies to be in wrappers.

Mr Meredith opposed the resolutions and moved to lay it on the table.

The motion was agree to by yeas, 73; nays 6.

And then the house adjourned.

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