The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-11
THE PROCEEDINGS IN DETAIL.
HI SENATE.
The State Civil Rights Bill Passed by a Vote

The State Civil Rights Bill Passed by a Vote
of sc to B.
The Senate yesterday morning resumed con-
sideration of the bill rs. Al to prevent the pur-
chase and sale of votes, pending at the adjourn
ment on Monday afternoon. On motion by
Mr.. Magee, an amendment was adopted requir-
ing the posting Of printed copies of the act on
the morning of each election day. The bill was
ordered engroosed.
The special order for the appointment of two
more pages coming up, Mr.. Willard said that
early in the session thirty six senators signed a
petition for the appointment of Leo FIFTH
receiving more Endorsement than any other page
in the Senate. He served for about three weeks,
and received pay for but five days.
Mr.. May-The House, with 100 members have
but three pages, and here, with fifty members, we
should get along with three.
Mr.. Willard-The House has seven. az / am
informed.
The whole subject was laid on the table.
THE RIGHTS OF THE NEGRO.
On motion by Mr.. Thompson, his civil rights
bill S. 43l was read the second time. He said
that this bill was passed by Congress, but set
aside as unconstitutional by the Supreme Court
OF the United States. upon the ground that it
was the duty of the several States to pass it, if
they desired to, and it had already been passed,
he said, by many of the States.
Mr.. Smith of jay believe the common in
t~elligence of the people will regulate these mat
tiers without placing on the statute-book any
such a law. / don't think any bill ought to pass
creating a misdemeanor to which is attached an
emergency clause.
Mr.. Foulke-I wish to move to add an addi-
tional section to the bill, in order to make it
more effective. as follows:
That all distinctions of race or color are hereby
abolished, and whenever, by the laws of this State,
any rights, privileges, capacities or immunities are
granted to persons of any race or color, such rights,
privileges and capacities shall, under the same circum-
stances, be granted to persons of any other race aud
color.
Mr.. Campbell of Hendricks moved to add to
this amendment a proviso that this act shall
not apply to the laws on the subject of mar
rage.
Mr.. Magee-I don't pretend to be the special
friend of any particular class of persons, of any
race or color, but | am in sympathy, to a certain
degree, with this bill. l am not in favor of con-
stabular enactments-of passing d law and put
ting a constable behind that law to enforce it.
believe in the colored man having every right
that / have, and I think he has now, under the
present law. Suppose we were to pass a bill
that the rights of white people, under the law,
should be enforced, would it amount to any
thing! The question is whether or not such a
law as this would not excite unnecessary preju-
dice against the colored mani / am opposed to
the amendment, and I think as much as we can
do, it we have to pass any act of this kind, will
be to pass the bill as originally introduced.
Mr.. Smith of JAY am not only opposed to
the amendment, but am opposed to the bill.
The enactment of any law which will single out
any class in the State, white or black, should
not be a principle that actuates a legislature.
In reference to the colored race, 1 am as friendly
to them as [ am to any, but / don't believe this
Legislature should undertake to legislate it
higher than its place is socially. I don't believe
it right to undertake to legislate one above an
other. This bill proposes to place a colored man
above a white man. His rights are Just the
| cama az vOf1rS and nina nO" md Tho hill n~o-
poses to give him additional rights which you
and l do not enjoy. That was the principle upon
which the Supreme Court of the United States
rested it's decision.
Mr.. Magee-Didn't the decision say that under
the amendments to the Constitution the colored
man was a full-fledged citizen, and that it was
not competent to say that he should enjoy those
rights by force OF enactment, because he enjoyed
them anyhow as q citizen?
Mr.. Smith believe that is. so; and there are
provisions in this bill which are contrary to the
provisions Of free institutions.
Mr.. Smith offered. as q substitute for the
amendment, a motion to strike out the en-
acting clause.
Mr.. Hiiligass-The frst section of this bill re-
enacrs, in effect, the principles now granted to
every race and condition of mankind in Indiana.
and to that there can be no objection. I am OPP
posed to the second section, for / am opposed to
putting it in the power of any individual, either
white or black, to enter any public place without
reference to his condition, or to the ability of
SAO RohO W. AAAAS III OOtuE
denied accommodation to have the right to sue
and obtain judgment for $100 damages, besides
prosecuting criminally. 1t is granting a special
privilege not only to one class. bat to all classes.
It is giving rights they ought not to have under
State laws This Legislature would be going
beyond it's duty to grant a dead-beat, no matter
what his color, the privilege to sue
under such circumstances. 1t is a vicious
provision, and / am opposed to it.
l am not in favor Of excluding men on account
of race or color from serving as jurymen, but 1
am opposed to that provision which will empower
him to say Il have been passed by, and the
officer must be imprisoned for that offense." A
more vicious provision was never proposed. I
am opposed to the entire bill, and hope to see it
voted down.
Mr.. Foulke-There is no question which has
come before this Senate, nor any which Can come
before this General Assembly, in which feel a
deeper interest than this bill. The Republican
party has ever been, and still is, in favor of the
principles of the bill. If held unconstitutional as
a matter of law, because it was a proper subject
of State legislation. l would advocate it in the
very place in which it is unquestionably lawful
legislation. This law would not impugn the pro-
visions of the United States or the State Con-
s%titution. My own feelings for many years are
those which l am declaring upon this floor. 1
am the son of an old-time Abolitionist. My
fathers house was one of the stations on the
underground railway. The Senator from
Cass talks about being a philanthropist;
this is not a question of philanthropy. 1t is a
question of right.
Mr.: Willard moved the previous question and
the Senate seconded the demand. Under its
operations the substitute (Mr. Smith's) was re-
jected, by yeas, 6; nays, "a. The amendment
tMr. Campbelfs) was also rejected, by yeas, 10;
nays, %.
Mr.. Foulke's amendment was also rejected, by
yeas, IL; nays, q. The bill was ordered en-.
crossed. On motion by Mr.. Foulke the consti-
tutional rule was suspended, by yeas, "a, nays. 6.
The bill was read a third time and passed the
Senate, by yeas, Sc, nays, S.
The afternoon session was occupied with the
discussion of NJ. Weirs bill providing for an ap-
pellate court-which was recommitted to the
judiciary committeeman with the bill for the
organization of the State militia, pending the
debate upon which the Senate adjourned.