The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-26


BY Mr.. Henry-S. B. I'll; To give authority to
s 81 to administer oa;ns take aidaxits ETC.
And then came recess till 2 o'clock.
Afternoon Session.
Consideration of the constitutional amend
ments was resumed.
Mr.. Voyles had thought of expressing his
views ON the merits and dement's of the proposed
amendments, but as the main point in this dis
cussion has been made a legal one, lie would de-
tain the Senate hut short time referring to
the conclusions of the majority and minority
ports nnder consideration. There is much
necessary detail in the minority report. 1t will
not be supposed anything is proved because
much Is said. The field of citing authorities has
been well secured. He regretted that this legal
obstacle stands in the way, because there is
something always in a legal proposition that APP
peals so strongly to II lawyer that he cannot re-
sist Its influence. But he legal obstacle stands
in the way of clear and fair presentation of the
questions concerning these amendments. The
Senator from Wayne (Mr. Foulke) took perous
constitutional essentials and constitutional
nom essentials, and then subdividing
tiuction 100 hne for man of limited compre-
hensien. 1t don't address itself TO common
sense or common right to undertake to go behind
the plain letter OF the constitution, and where
there has been an objectionable omission the
part of the preceding General Assembly for
succeeding one to take 1t mp and say: SIT is
great party necessity or emergency; we are re-
sponsible, therefore we will take the risk II ia
true the constitution has not been complied with,
go on as II the constitution had been complied
with" If the General Assembly two years ago
desired TO refer these amendments to this Gen
eral Assembly, there must have been a PROPOSE
ton from some source by some member on the
floor Of the House the Senate by which 1t
would have been proposed to refer anne ndinents,
which had been agreed to- to this General As
sembly. But that was not done. 1t is admitted
on all sides that was not done. So far as the
records are concerned We have none to go by
We have no record whatever.
Mr.. Campbell said he was no lawyer, had no
experience or ability by which to range the
lawyers who have spoken on both sides: that he
could only decide this question by the rule of
practical common-sense, and by presidents he
knew to exist III our State, and by decisions
which others had called his attention. He was
surprised TO note the independence with which
senators had so often upon this floor proclaimed
themselves uuinfiuenced by others, and that they
considered they needed advice and should
in no way be governed by what others may do
or may have done. As for himself he confessed
that in his hoyhOOd days and first flush OF man
hood he had possibly felt some of that ndepend-
ence and strength which needed no advice and
would brook none, hut ne had long since passed
that age, and found that in all the walks of life,
and in all that he mad to do, he almost invari-
ably was glad to go for advice to some precedent
some authority that he regarded worthy
to lean upon and he had never regarded
it as refectjng upon his manhood to thus seek
advice. And so, upon the validity of this ques-
ton, In the opinion Of Governor Baker, gwen
after careful examination, stating that he had
no doubts as to the legality of the Wabash and
Eria canal amendments in the exact condition
that these are; and added to that the Assembly.
after having their attention called to the condi-
ton of the record. had oOneurred III the amend
ments with hut one dissenting voice, and Cover
Hendricks had approved them, declaring
them duly passed and part of the constitution,
without suggesting question OF doubt; all
formed precedent satisfactory to him, and
gave him confidence TO follow without hesita-
tion or any feeling of having lost his dignity
his independence or manhood. He felt this all
the more because the canal amendments were of
vital Importance, protecting in their scope mil
N the Sfata'S and thare n
emergency calling for undue haste, he felt that
the governors and the Assemblies setting the
precedent had established n very formidable
one and one tliat he did not hesitate to follow.
Mr. Brown gave a history OF the state of affairs
prior to the consideration of the Wabash " Erie
canal amendment, ana conceded Governor
Baker then took tho ground that the portion of
the constitution requiring the amendments
thereto entered npon the journals OF the two
houses was advisory. He repeated what he said
the other dav, that the question was not raised
or considered IN the Legislature twelve year ago.
What had heen read this morning by the sena-
from Wayne MIR Foulke) from the Brewer
Legislative Reports, voluma 8, remarks of
his on that occasion is entirely true and it is also
true there recorded that he then charged
upon the Republican party dereiction of duty
He said then, and would make no apology for ii,
that there was in existence joint
resolution which was authenticated by
the signatures OF the presiding Off
GERS of the preceding body The decision of the
Supreme Court referred to on this floor had just
been published, and he then relied upon that de-
cison, because there was no discussion and no
ton, for everybody desired this amendment to
go into The constitution to prevent the possibl-
ity of any Legislature assuming this debt created
by the bills of 1867 When he said,
twelve years. ago that the signatures thereto
uthentieated the joint resolution, ne made one
of those gTieVous mistakes and grieyous blum
ders that boy of his aga might have made, and
he was not ashamed when he had made mis-
take tn stand before the Senate and the country
and acknowledge it. Mr.. B. then proceeded to
| discuss the question before the committee, de-
clariDg it TO be the meaning OF the constitution
that every word, line aud syllable Of every pro-
posed amendment thereto shall be placed upon
the journals of each house of the General AS
semby referring such amendments tn the sue
eeeding one, and until that is done no action can
be taken ny the succeeding General Assembly.
Mr.. Spann replied to Mr.. Browns speech, in
sisting there is no SENATOR on that side who
answer the legal arguments made on this ques-
ton by the senator from Henry (Mr. BundY) and
the senator from Wayne (Mr. Fouke). This
question has been made q political one on this
floor by the senator from TlppecanOe tMr John
SOM, who said the Republican party forced this
measure in politics. The question of prohibition
never would have been before the people in the
last campaign had IL not been for the vote
of the senator from Jackson and five other
Democrats on this floor He continued for some
time, recounting the course of the Democratic
party in the last canvass and concluded by
asserting his strong belief, as n lawyer, that the
only question now before the Senate is OF
jurisdiction. and being iursiietional question,
as far rs the proposed amendments are con
cerned il is court OF the last resort. When
courts of record are determining question Of
Jurisdiction upon the record, the court will
always give the benefit of the dOnbt 20 the
record. He took the eQuitabl side of this ques-
ton, and equity takes hlm over on the side OF
the people HB never will allow his vote on "A
technical question 10 override The will OF the