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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.




THURSDAY, January 11,1883-10 a. m.

The Lieutenant Governor called the Senate to order.

Mr. SAYRE presented a petition from the School Commissioners of Wabash County, praying for an increase in the Teachers' Institute fund to encourage the attendance of teachers at such institute, which was referred to the Committee on Education.


Mr. HILLIGASS submitted a report from a majority of the Committee on Printing and returned the resolutions concerning stationery, reporting that the Principal Secretary has the right to furnish such supplies, and recommending that he draw on the Bureau of Printing for the same.

Mr. HENRY presented a minority report from the same Committee, reporting that the State Librarian is authorized by law to furnish such stationery, and recommending the adoption of a resolution authorizing the Principal and Assistant, Secretary to insert, all necessary stationary, from the State Librarian, except legislative bills and lane-heads.

Mr. BROWN demanded the previous question, and the demand being seconded by the Senate, under its operations the minority report was rejected by yeas, 17; nays, 26.

Pending roll call-

Mr. BUNDY, in explanation of his vote, said: As the report of the Minority Committee shows that this stationery and other articles necessary for the transaction of the business of the Senate at 10 per cent. cheaper if the minority report is adopted than otherwise, and for the purpose of economizing to that extent and saving that amount of money, as far as my vote will go in that direction, and thus contributing my vote to stem the tide of extravagance which seems to have taken possession of the Democratic side of the Senate. I vote "aye."

Mr. BROWN (sotto voce) moved that the Senator have the right to print his speech.

Mr. VOYLES, in explanation of his vote, said inasmuch as the minority report does not show how what quality of paper will be furnished by the Librarian, he would vote "no."

The majority report was concurred in.

Mr. BROWN moved to reconsider the vote adopting the report, and to lay that motion on the table. The latter motion was agreed to.

Mr RISTINE offered a resolution directing the State Librarian to furnish each Committee Room with copies of both editions of the statutes, with acts, etc.

It was adopted.

Mr. BROWN announced the appointment of Harry B. Raum as a Committee Clerk for one group of committees.


Mr. BENZ offered a resolution deducting pay from members, officers and employes when absent, except on sickness.

The resolution was rejected.

Mr. BROWN offered a resolution allowing the pages $2 a day.

It was adopted.


Mr. KEISER offered a resolution, which was adopted, authorizing the transmission to the Senate of House joint resolution No. 7, introduced in the last House of Representatives March 15, 1881, prohibiting the manufacture, sale, or keeping for sale, of spirituous, vinous, malt or other liquors, except for medical purposes; and that the General Assembly shall provide by law in what manner and what place such liquor shall be sold for such purposes.

On motion by Mr. WILLARD the vote adopting this resolution was reconsidered-yeas, 26; nay, 20.

Mr. HENRY favored the adoption of the resolution as offered, which calls for the transmission of the original resolution to the Senate. He desired, when action is taken on this question, all the papers should be here, so the Senate can act intelligently on the question. He desired to see all the phases connected with this question fully and fairly discussed.

On motion by Mr. MARVIN, the resolution was laid on the table-yeas, 25; nays, 19.

Pending the roll call-

Mr. MARVIN, when his name was called, said page: 43[View Page 43] I do not consider this as a political question and I therefore vote "aye."

Mr. SPANN, when his name was called, said: As I regard everything introduced upon this floor which looks toward the adoption or non-adoption of these proposed constitutional amendments as partaking of a political character, I regard it as extremely political, and therefore decline to vote on this roll call, because I am paired with the Senator from Allen and Whitley [Mr. Bell]

The result was announced as above recorded.

So the resolution was laid on the table.


Mr. MAGEE offered a joint resolution [S. -] favoring the improvement of the harbor at Michigan City, Laporte County, requesting Representatives and instructing Senators in Congress from Indiana to favor such an appropriation.

Mr. YANCEY hoped the resolution would not be adopted. He was satisfied the Secretary of War would recommend such work if he were not convinced t was in the nature of a grab. Mr. Y desired to join the other side of the Chamber in economical measures, not only in State, but elsewhere.

Mr. BUNDY moved to refer the resolution to the Committee on Federal Relations.

Mr. MAGEE interposed to objection, thinking it a matter of great importance. He introduced the resolution in good faith. The money has been appropriated, but the Secretary of War refuses to allow its expenditure on the only port in the State of Indiana.

The motion to refer was agreed to.


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

By Mr. BENZ [S. 76] to amend Section 6 of the homestead law of March 29, 1879, exempting from sale and execution, and exempting certain personal property. It was referred to the Judiciary Committee.

By Mr. FOULKE [S. 78 77 ] to amend Section 272 of the act approved April 14, 1881, concerning public officers, so as to conform to his bill providing for a registration. It was referred to the Committee on the Judiciary.

By Mr. MAGEE [S. 78] to amend Section 2 of the act to establish a State Bureau of Statistics, approved March 29, 1879. It was referred to the Committee on the Judiciary.

By Mr. RISTINE [S. 79] to amend Section 4 of the act establishing a Bureau of Statistics so as to extend the power of the Chief to call for facts. It amends Section 7 by fixing a penalty, as to foreign corporations doing business in the State, for refusal to furnish facts when applied for.

It was referred to the Judiciary Committee.

By Mr. SPANN [S. 89 80 ] to regulate charges for fare on sleeping cars and the management of the same in this State-[fifty cents fare for each 100 miles traveled.] It was referred to the Committee on Railroads.

By Mr. VAN VORHIS [S. 81] to amend Section 30 of the general city incorporation law, approved March 14, 18[?]7, [relating to the City Prosecutor]- shall be allowed the same fees as County Prosecutor. It was referred to the Committee on Corporations.

By Mr. FOULKE [S. 82] to amend the act approved April 2, 1881, being Section 4,688 of the Revised Statutes of 1881, concerning Boards of Election, so as to conform to his bill for the registration of voters. It was referred to the Committee on Elections.

By Mr. FLETCHER [S. 84] defining cruelty to animals, describing it a misdemeanor, and for the destruction of certain animals. It was referred to the Judiciary Committee.


Mr. FLETCHER presented a petition from K. J. Bright, E. S. Neal, John McKinney and J. W, Dodd, concerning their claim for supplies furnished the Indiana Hospital for the Insane, under the firm name of Neal & Co,, which was referred to the Committee on Claims.

The Senate look a recess till 2 o'clock.



Mr. SPANN offered a preamble and resolution as follows:

Whereas, There is now pending in the Senate of the United States a bill known as the bill for the relief of General Fitz John Porter from the finding of a Court Martial properly organized, which found him guilty of disobedience of orders to his superior officers, thereby brining great disaster to the cause of the Union Army and causing a great loss of life, and brining shame and disgrace to the brave and loyal men who were standing in defense of the Union;

Resolved, That our Senators and Representatives in both Houses of Congress are hereby asked and urged to use their influence of voice and vote to defeat said measure, and the Secretary of the Senate is directed to transmit a copy of this resolution to each Congressman and Senator from Indiana.

Mr. VOYLES moved to lay it on the table.

This motion was agreed to by yeas, 23; nays, 17.

Pending the roll call-

Mr. BROWN, in explanation of his vote, said he thought our Senators and Representatives in Congress are quite as competent to discharge their duties with instructions from this Senate as they would be with them. In the next place, General Grant, who is the King of all the Kings in the Republican party, has declared his belief in the complete innocence of General Porter, and denounced the conviction as wrong, and many other members of the Republican party equally as able as the Senator from Rush [Mr. Spann] have likewise spoken in Porter's behalf. For that reason he should vote to lay the motion on the table.

Mr. CAMPBELL, when his name was called, was understood to say he had not examined into the Fitz John Porter case, but believed there are two sides to the question as to reinstatement. He had confidence in those who have the decision of that question and was willing to allow them to act without direction from this body, and had no desire to give instructions to them on that question. He voted "aye."

Mr. GRAHAM, when his named was called, said for years this question had been reposing and the country has been satisfied. Though the question has been brought forward from the time General Porter has never been restored. General Logan, who has knowledge of the merits of the case, still adheres to the wisdom of the verdict of the Court Martial. He was satisfied that officer's failure to do his duty caused thousands of soldiers to sleep the long sleep of death, and now he can afford to sleep in abeyance. He voted "no."

Mr. HOWARD, understanding this to be a political question being paired declined to vote.

Mr. McINTOSH, when his name was called, said he could not regard this as a political question, and as he was perfectly willing to vote upon the merits of the question he voted "no."

Mr. SPANN, when his name was called, said he was sorry, exceedingly sorry, that some Senators on the other side of the Chamber shield themselves from voting on this resolution behind what is commonly known as a pair. He did not regard this as a political question in any sense, however, as some think so, and, intending to observe his pair with a fellow Senator [Mr. Bell], he should not vote.

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Mr. WILLARD, when his name was called, said he did not regard this as a political question, nor did he desire this vote to reveal a partisan vote. For that reason and being willing to vote upon the question directly, he would not vote with a majority of his own party, but voted "no."

Mr. YANCEY considered this a strictly political question. He believed that if justice had been dealt out to Fitz John Porter fifteen years ago he would not be now knocking at the door for back pay and reinstatement. He thought it outrageous that any man who had pursued such a traitorous course should seek to be restored to an equal footing with honest men. He voted "no."

Mr. BENZ desired his name to be called again, and said he did not consider this a political question and voted "no," but he would change his vote now and vote "aye." [Laughter].

Mr. KEISER desired his name to be called again, saying, without regarding this as a political question at all, and as one who served with his fellow-members on this floor now opposed to him in politics, he voted "no."

Mr. HILLIGASS had not regarded this as a political question, but as it is put in that light he desired to have his named called again so as to change his vote. He was following one of the grandest and noblest leaders of the Union Army when standing before this body he said a great injustice has been done General Fitz John Porter. Being a soldier in the Army, with General Grant as a leader-after elevated to the Chief Magistracy of the United States by the soldiers of this country, who very recently said he was satisfied, upon an investigation of the testimony and evidence in the case, that a great injustice had been done a worthy comrade-in-arms-he though he could afford as a soldier in the Union Army to vote "aye."

Mr. SMITH, of Jay demanding that his name be called again, also changed his vote from "no" to "aye.".

The vote was then announced as above.

So the resolution lies on the table.

On motion the Senate took a recess till 3 o'clock.


At the hour of 3 the LIEUTENANT GOVERNOR resumed the Chair, and announced the order to be memorial service in honor of General George Chapman, late a member of this body.

Mr. SPANN moved that the courtesies of the floor be extended to Mayor Grubbs, who was a fellow Senator with General Chapman, and that he be allowed to make such remarks as he may see fit.

The motion was agreed to.

Mr. VAN VORHIS offered the following:

Resolved, That in the death of Senator George H. Chapman, this Senate has lost an able officer and valuable member, the people of the State a conscientious Representative, the State a most useful citizen, and the Nation a patriot and one of its bravest defenders.

Mr. VAN VORHIS read a sketch of the life of his late colleague [General George H. Chapman] and though not feeling qualified to be his eulogist-not being intimately acquainted previous to the election of 1880-his paper was more largely a memorial tribute than biographical.

Messrs. Willard, Spann, Fletcher, [General Chapman's successor] ex-Senator Grubbs, [by courtesy of the Senate], Henry, Ristine, Bundy, Graham, [who sat at the same desk with General Chapman last session] and Brown, following in remarks suited to the occasion.

In support of this resolution, Mr. Van Vorhis said:

Mr. President-Senator George H. Chapman was born in Holland, Mass., November 1832. His father was Jacob P. Chapman, who was for several years prominently identified with the press of Indiana.

The late Senator received most of his early education in Indianapolis, in the Marion County Seminary. At the age of fifteen he entered the United States Navy as a midshipman, where he remained three years. In 1853, he was connected with his father in the publication of a paper known as "The Chanticleer." afterward as the Indiana Republican. He studied law and was admitted to the bar in 1857. In the same year he was Assistant Clerk of the House of Representatives. In 1859 and 1860 he was Assistant Clerk of the Lower House of the Thirty-sixth and Thirty-seventh Congresses. On October 21, 1861, after the beginning of the War of Rebellion, he was appointed Major of the Third Indiana Cavalry. One year after he was commissioned Lieutenant Colonel, and in less than five months more Colonel. On July 21, 1864, he was promoted to be Brigadier General of volunteers. On Mary 13, 1865, for meritorious conduct at the battle of Winchester, he was breveted Major General of volunteers. After the close of the War he was first appointed and afterward elected Judge of the Marion Criminal Court. After the close of his term of office as Judge he engaged in the practice of his profession in this city. In the fall of 1880 he was elected as a member of the State Senate for the term ending in 1884.

He died at his residence in this city on the evening of the 16th day of June, 1882. Such, in brief, is the history of the public life of a man of whom it may be truthfully said he won every distinction almost alone. He was without influence, except what he gathered about him by a recognition of merits, and this recognition his own conduct compelled. I do not feel that I am in any sense qualified to be his eulogist. Though representing the same County in the last Senate, I had from the election in 1880 not a very intimate personal acquaintance with General Chapman. I knew him as you and many others knew him, by the reputation that he had made for himself. I knew him by the way in which he impressed himself upon those who were more intimately acquainted with him than I. General Chapman can not be said to have been prepossessing in appearance. Socially, he was retiring in manner. To a stranger he did not always represent himself well. But the warmth and strength of the friendship entertained for him by those who were his most intimate acquaintances and had opportunity to know him best, was an index to the intensity of his intellect and the force of his character. He not only compelled recognition, but he attaached to him with warmth that was unusual even hearts as well as intellects. It is only by the words of such to whom in social life he had more fully revealed himself that I was able to judge with any degree of fullness of those traits of character so admirable in a friend. Never in his sociely much until the meeting of the last Senate. I was just beginning, through the associations there begun, to feel and appreciate his generous and kindly nature when he died.

General Chapman was so constituted that it was impossible to know him quickly. Association with him, however, never caused any man to esteem him less; acquaintance with him always increased respect for him.

His public life gave evidence of his superior ability. His knowledge of questions of public interest was comprehensive and thorough. Wherever he served he served well, and whether as a citizen, a soldier, a lawyer, a Judge, or a Senator on this floor, his right to a place in the front rank was recognized. He was dignified, but was without ostentation. In his opinions he was independent, but was never intolerant of the opinions of others. Distinguished for his bravery in military life, he was no less distinguished for his moral courage in civil life. That which he believed to be right he advocated with the full strength of his clear intellect, never page: 45[View Page 45] hesitating for one moment to number his supports or to estimate the number or weight of his opponents. He was a man of convictions, and his convictions were formed by careful investigations. and were the dictates of an enlightened judgment. No man in his delibrations appeared to be less influenced by personal considerations than he, and the course dictated by his judgment and conscience he followed with religious fidelity and with singular unselfishness. He was firm and steadfast in his opinions and convictions, and persistent in his advocacy of them. but be was not narrow; he kept his mind open to receiver the full force ot any argument against them, and no man yielded a position more willingly or quickly than he when convinced of error.

He never prevaricated with his own under standing. He was frank, and at times outspoken almost to offensiveness, but it was in the spirit of candor, and without a touch of malice. He was just in bis judgments, and was not much influenced by prejudices, and his estimates of others were colored by a spirit of true charity, but insincerity he could not and would not overlook, He was especially severe in his condemnation of anyone who occupied a position of insincerity before the public. His attitude was never uncertain, and his position on any question never remained long in doubt. He was true to his own highest conceptions of right in all his public life. With him policy was but another I name for the right, and expediency but another name for duty The slightest sacrifice of principle was a price he never paid for preferment.

If he had follies-and who in all the earth has not-the remembrance of them is made bright by the memory of his victory over them. If he had faults they were never wilful, and his splendid virtues cover them as with a mantle. He has left us the legacy of a true life, and has gone on before us; passed out of sight beyond the vail that marks the limit of human knowledge, into the illimitable future. And the portals through which he disappeared are radiant with the hope of the Father's house, of the resplendent glories of which it has not "entered into the heart of man to conceive."


Senator Fletcher spoke as follows :

Sitting at this desk, decorated with these emblems of sorrow occupying this chair, made vacant by the hand of death, and representing the same constituency, it seems fitting that the first time I address this Senate it should be in acknowledging the worth and honoring the memory of Senator Chapman.

Upon the sudden death of a friend, the first outburst of grief is like molten iron-it burns, seethes and hisses in our hearts; but when the mass is cooled by time. we may inspect it, or shape it at our pleasure and test its true value as a metal. A summer's gun has warmed his grave: a winter's snow now covers it; the first hot grief xs cooled, and this memory of his clear, bright character remains with us, an imperishable monument. In touching upon his character I would adopt the plan of plain perspiecuity of truth.

Senator Chapman was a type of highly nervous organization; his mental seemed to. feed inordinately upon his physical. His mind was in- tensity itself. and subjects examined by him had to yield up their facts.

I had known Senator Chapman nearly thirty years-as a youthful journalist, as a citizen, a soldier, a jurist and legislator. I met him frequently, not as an intimate friend, but neighborly acquaintance. He was a man who would attract attention by his quiet demeanor, unless he was aroused to action by a just cause; then he would equally attract by his persistent, terse, sharp, incisive method of dealing with and pursuing his subject. He took life seriously, and circumstances with the last two years had laid upon him a twofold burden of sorrow in the : death of two bright boys. About a year ago, just as twilight was fading into darkness, I met him in a remote part of the city alone. He did not recognize, me, but passed with measured tread-eyes peering into the gloaming, as vainly looking for a lost hope. As he disappeared into the darkness he reminded me of a walking monument of grief.

I saw him no more until we met, one beautiful afternoon in March last, in the delightful Park of San Pedro Springs, at San Antonia, Texas. His changed look then betokened that his life's sun was going down. He talked, however, more freely than usual, and more kindly of the world than I had ever known. Particularly did he dwell upon his work in this body, which he regarded as a laborious and thankless task, wherein he used his best abilities and diligence to act wisely upon all questions-freeing them from partisan qualities. But his humble efforts, he thought, had frequently been misconstrued by many whom he regarded as friends. I saw him but once after his return home; then came the startling news that be was dead.

Examine the life and character of Senator Chapman as closely as we may and all will conclude that he was a good citizen, a brave and skillful soldier, a wise jurist, an able statesman and an honest man. Than this no higher eulogy can be spoken.

On motion by Mr. BUNDY the resolution was adopted by a rising vote, and the Secretary of the Senate was directed to transmit a copy of the resolutions to the family of the deceased.

The Senate then adjourned till 10 o'clock to-morrow.