The Indianapolis daily herald., 1865-12-16
IL sENATT.



bill :. No. &c, with amendments.
Mr. TERRY, from the Committee on SWAMP
Jand'. returned Mr.. WriUhi's hill. :. No. BIZ
81 The relief Of persons who have made entry
Il lands IS here the State cannot make a good
title; with amendments.
H. also returned Mr.. McCiurg's liil. :. No
80, amending sections ! and II the wet
lands and drainage Act Of March =. l.d3: re-
commenting its passage.
These balls were passed to The third reading
NEGRO TESTIMONY.
The senate proceeded 70 the consideration u
the special order for this bous. viz: Mr.
Wool bill. :. No. 30. defining who shall be
Cnmpctent witnesses IN any court Il this state
- All pfF-ons. without DISTINCTION Or colorl-
the question beeng on coneurring in the COM
miitee amendment. insertin. appropriately the
werl- g or blood"
Mr. McaLU re- was not in favor 81 this
TIL. hut lid not think IL made one particle Of
diierrure. NJ l. the force the bin will have.
whether this amendment be adopted or not
TIE Idea. iu proposing the am ndmrut wa.
simply o. make the bin more positive IN It.
tfrln--increlv explanatory. lie expected TO
make opposition g. the hili upon principle IL
seemed Ike Fighting man II -tftw 10 oppose
thl- amendment
pr. VAN BUsKIRK could see a good deal
Ia The amendment. II amounted IL something
more thln redundancy. lie could find per-
soa= ia indianapolis said 10 have negro blood
Ia them, a. white n he: and such persons
would b. excluded from stfying ON account
of color unles- this amendment WIS made.
Mr.. O1 LER thought IL was part u our duty
q make The laws plain 20 that they could not
D. misunderstood.
The Committee amendment was then agreed
q D. yeas -, nays 2l-as f0liows:
1ru-ues.rs. Alton. Besspn. Bebnsfi. lBenhan.'
lfaN" = u milton, Cos n. Chspmtn. cuiles Culver.
pvit, ID So. Hyatt, hceu &. Nlig,n, Mics, Noyss.
-. ler krag.n. hirhrord Terry. hon pson Van Rus
ttfS, Wsr,, "eots. Wright. AM Mr. tresiieat-2G
@sis. Cafson, Cobb, Corb a, To alas, Dpwney, fng-
ish. % "a. falsr Gino-d. Hori, Jinkeus. MlF,hali
Mo-, Nofr-. SeNiia sias<s. I'D vawier--2l
Nr. DOWNEl then offered his amendment.
proposed last Tuesday forenoon.
Mr.. ALLI-DN moved t. amend the amend
mrut bY aiding this: . except such persons n
shall haze borne arms IN the late war for the
Impression ~ tho rebellion
This Amendment wa- agreed u.
The an ndment as amended was rejected hy
en- motion II sIr. oYLER. the vote adopting
the amendment % the amendment was recon-
silera,l by yels %. Ways -.
Mr.. NAWf TER raised the point Of order that
TIL proceeding was unp1rliam eutary.
The PRESIDENT decided the point Of order
uat well taken.
Str. ALLISON Withdrew his amendment.
on motion Of Mr. OF LER the vote rejecting
the amendment Mr.. Downeys was recon
sidcred by yeas -, NAYS -.
The question recurring Oh the adoption Of
the amendment
Mr.. DoWNEY said tn ol,iee. - his amend
ment was 90 10 that which e ploti -ion ia the
18th Art. of the state constitution r,..1irls he
General Assembly u 10. insi.ad at holding
out inducements hy Offering lrit iies.s tn tld.
class, he heit IL - be- a duty uircd Of hi,
General Assembly - 10 l.-i-lite ~ o. distnur-
age thfm from coming into TIE state. IL was
~ ftFur oi allowing ihn-, ealoreI persons who
were IN tiIp state ~ The time of The adoption
e TIE Constitution. the rieht &C t,-fif,in.. ia
courts al Justice. bat p Wls opposed IT, cN-
tendins that right - any salored person. who
were not h.re 40 that time. er who mIy here
after come here In Niolltieg &c tila 18TH Art III
the Constitution Of the -tlte.
The amendment Mr. p4,vn.y'~. wa. a-rerl
10 by yeas -, nays - a- follows
fsAs-i. ssrs Allison. hes.,l. Bsnact T. than
Brown, q htmi ION. casor Ctrp NJ. en- len cul.e-
Davis ilesney, igkss. BAIT. Nfigan. Nlies Sc. $.
ofler, kesga', chmond 2 ,. DO npsnr W. Bus
-. ~srd. We d, y 'ixhf, sad ~ resiicnt--.G
~Afs--hessr-. hsfse-. Bowman. Bird ~. brpwn o.
Wells Carssn. Cobb CeIba, Dug A.. Easl. 4. fn-h.
faer, 6ifoid. Hanna. Hori. j. keas, Mars all Ne
ciufg Aasan. Meorr. Sowln, stags.. and ysw.er-.2.
Pending the call
Mr.. CASON. IN explanation Of hi.,ote. said:
| am opposed u the amendment Of the senator
Of Ohio. excepting and not allowing negroes to
testify, who have come into the state IN viola
ton Of the thirteenth article q the Constitu-
ton. DO not mean that would N late any
provision Of the Constitution, but understand
that the amendment % the Constitution If the
United States has been adopted by a requisite
number Il states, and il j. now the fundanen-
Gil law Of tn lind. The amendment Of the
Constitution makes negroes citizens IF the
State. and annuls AMI abrogates all laws.
whether constitutional or legislative. re>tor-
ing the liberty Of this class of people. Under
is provisions we have no more Al .ht t. pro-
hibit negro from coming into this state th ~
we have an Englishman. The question then
arises whether we viii obey the Constitution
It the United states, ahrogatiug the thirteenth
article Of our state Constitution or obey n pro-
vision already null aud vuil. But il i c,i-
dent that we can pas, no law without the
amendment OF the Senator az ohio anal A. IN
i better 10 have the law with this amendment
than no law. fer the reason that Il ecr- a part
II the way toward dpin. Justice 10 this race II
people, l shall vote for the amendment.
vote Z" ave-"
made BY the senator from Boone Mr.. Ca
SON. With that understanding vet, ave"
Mr.. OlLER said: Endorsing the remarks
81 the senator from Boone. aud for the same
reasons. | vote cave"
Mr.. THOMPSON in casting this vote did not
wish 10 be considered - being II favor II anv
Government or Constitution that ahridges IN
any way the natural rights of man: bat I'M
DIR the circumstances. ~ we must have come
protection, not only for ourselves. hut for the
c0lored people. h. should vote AVE"
Mr.. VAN BJSkllsk said the amendment
did not cover all he wanted. bat he had con
hdence in the onward magVh Of civilization.
and believed this thirteenth article would
he wiped ont u No distant day; aud when
that j. done this very law itself will give L.
al negro persons in Indiana ihe rirht ~ testi-
~. lie voted "aye."
Mr.. DUNNINc Mr.. Cuilsn IN the chair
was In favor II the thiriecuth article M thr
time Of its adoption. and had been Tor IL ever
since. until he had become satisfied that the
effects OF this great rebellion which We have
lust suppressed would abolish slavery. aud
now. although he expected Ia follow the die
tate- Of his Judgment s. o. al Questions
which may come NJ In the future. he was
disposed 10 take IL In broken loses. lie was
Nc; prepared % go The lengfh q other gcn-
tlemcn lie voted aNe."
The result ef The ,eie Wa then ANNOUNCED
rs above recorded.
- the amendment va< adopted
On motion by Asv. HFNNt.rr yeas ~.
nays 23--the bill was considered as cne ro,sctl.
AMI read the third limc.
II Wa passed fas senate rs yrls -. nays
.i--as follows:
Yr.s-Se.srs. aiissa. B,s.ao. Eeue.u. Iens,n.
Brown = uamtiior. Is, Chaplffn. Cui'sr. tuver.
paw. pswuey. DIke-, rvsti. Maissp. Nc. Soyr..
~ e. Eesrsr. r ctuia81 Terry. m mrsan. Nau hls-
kiFk. Wsri. Moot. Nf.sh,. snt " ire. iicnf -.
NAis-Nes.rs Rrsrr. h'wu q. rrsa et. HrHsu +
Wel s,cnson. 1. hh. .stta. lessa,. fusuA d -.
f'iaer. fisana. uart D n. Ns.-hsf Nc 'las 4 NJ
foa. 40 - Ne~i.f. stasss, N'@'st.-si
rur STATE rrEr.
The senate proc,.si,,l e. tn consideration
u the state deh hili- a.. 4. W. -. and = NJ.
.sa-ihe speciai cr.er Cor tl.l~ haur-fhe que>-
ton being IN euurufseUet IN ihe majority r.
port.
Mr.. CULLEN. 'fhauet i've considered the
provision. iu eE.tt aIr.atly iA Tin bin - NJ.
- ia ef..el g int'.. . ute.-. pl~in. uluse. a.
aialui ly iH.liia ia lme ,ithi. ,ecliaa
lslt. amor tie s. 80 ..-~ Tx. f,llec ine /.
= A. 81 - moneys lfufl Netr a. scsr acruinu-
tIIH NE Ilr.t IA q
-.iA iHat p itr.'esstiz ritizcsl saf fhe re-
sfis. 'ien cf sell '6.t re- hsnds"
81 ~ ltk 'tia. r;.ti.i q III aoor gave
Nr. Bro" : of Neiis. AZ. without any
inttAtfsa - rtt - 'i'as-. moved the pre-
si.,'- question. q u.- on in.e.l further .le-
h+. " d'H - na aa1i, TIA. i-sisllti4e session
. drawing rsfiiiv - e. -: We h.neaer.lf
a.il ~ ullulsh t l1-.4ess lsf fru.. and ii
$50 consume thr fitar fa Hsil.ss discussion. is,
pe-t4at -l-iafi.t siIl - sief afsa
iA aent4a tsr q rsesii,is question ~ =.
fln y
IN amendment SIR. cua,a'-l was .srsi