The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-11
IN SEN ATE.

an oypendix to Volume XXI of the Brevier
Legislative Reports.l
IN SENATE.
TUESDAY, Feb. 10. 1870 q. m. .
EALLoT Eox PROJECTIONS.
The Senate resumed consideration Of the
bill is. ! TO prevent the purchase and sale
Of votes PENDING at the adjournment yes
terday.
On mott by Mr.. MAGEE, an amend
ment was adopted requiring the posting of
printed copies of the act on the morning OF
each election day at each voting place.
The bill wss ordered engrossed.
THE COLOR LINE.
On melton by Mr.. THOMPSON, his Civil
Rights bill IS. 43l was read the second time.
He said this bill was passed by Congress, but
set aside 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 chose; and it had already been passed
by many of the States.
Mr.. SMITH, of Jay: | believe the CON-
mon integellince of the people will regulate
these matters without placing on the statute
book any such a bill. And l don't think
any bill ought to pass creating INSIDE
meanor to which is attached an emergency
clause
Mr.. FOULKE: l wish to move to add an
additional section to the bill, in order to
make il 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 immu-
such rights privileges and capacities shall under
the same circumstances. be granted to persons OF
any other race and color.
Mr.. CAMPBELL, of Hendricks moved to
add to this amendment a proviso that this
sct shall not apply to the laws on the subject
of marriage.
Mr.. MAGEE: l don't pretend to be the
special friend of any particular class OF per-
sons OF whatever race or color, bat am in
sympathy to a certain degree with this bill.
am not IN favor OF constabular enactments
OF passing law and putting constable
behind that law 10 enforce it. / believe in
the colored man having every right that
have, and | think be has them now under
the present law Suppose We were To pass a
bill that the rights of white people under the
law should he enforced, would it amount to
anything? The question is. whether or not
such law as this would not excite unneces
cary prejudice against the colored man? /
am opposed to the amendment, and think
rs much as We can do il 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 OPP
posed to the amendment, but 1 opposed
ID the bill The enactment of any law which
will single out any class in the State, white
or black, should not be principle that
actuates Legislature. In reference to the
colJred race l am as friendly to them as am
to any. but ] don't believe this Legislature
should undertake to legislste it higher than
Its place is socially. 1 don't believe il right
to undertake to legisate one above another
This bill proposes to p'sce colored man
ABOVE white man. his tights are Just the
same as yours and mine .oE, end this bill
proposes 10 give him addiii m al rights which
zoe and do not enjoy. That was the prin.
ciple upon which the Supreme Court of the
Uni ed States rested its decision. l believe it
stated that they were enjoying all the rights
referred to in the bill.
MI MAGEE: Didn't the decisio, saw
that under the amendments to the Con THU.
ton the colored man was q full hedgei citi-
zen, and that it was not competent to say he
should enjoy those rights by force OF enact.
menf, becauee he enjoyed them any how
citizen?
Mr.. SMITH ] believe that is 90. And
there are provisions in this bill which are
contrary to the provisions Of free institu-
tions. i offer the following as q substitute
for the amendment: "Strik out the enact
iDg clause"
Mr.. HILLIG ASS: The 6rst section of
this bill re-enacts, in effect. the privileges
now granted to every race and condition of
mankind in Indiana, and to that there can
be no objection. / m opposed to the second
section; for am opposed putting it in the
power OF any individual, either white or
black, TO enter any public place, without
reference to his condition, and without refer
ence to the ability of the party to accommo.
date him, and after being denied accommo-
dstion, to have the right to sue and obtain
Judgment of 500 damages and prosecute
criminsily. lt is granting special privilege
not only to one class bat TO all classes. I'll
giving rights they ought not to have under
statute laws. / am opposed giving that
right to White. black or any other race
or color. This Legislature would be going
beyond its duty 10 grant dead beat, no
matter what his color, the privilege to sue
under such circumstances. 1t il vicious
provision, and / am opposed to it. As to
The thad section, who is to determine when
any citizen to sit rs juror? Am to de-
termine that the officer has passed me by
and 60 into court and prosecute him for
damages and prosecute him criminally for
passing me by? / am not in favor of ex-
Guiding men on account of race or color
from serving as jurymen. but am opposed
to that provision which will empower him
to say, Il have been passed by, and the
officer must be imprisoned for that offsnse."
a more vicious provision was never pro-
pcseo. / am opposed to the entire bill and
hoIe 10 see ii voted down.
Mr.. FOULKE: There is noquestion which
mas come before this Senate, nor any which
can come before this General Assembly, in
which ! feel deeper interest than this bill
which has been introduced by the gentle
man from Marion (Mr. Tbompson), lam
glad to see him place himself in this posi-
t'on. lie seems to be the almost solitary in
stance among the friends ofihis party. to ad-
vocate the ideas advanced by the Repub,i.
can party for 10 these many wears.
MI. SMITH, Of Jay: Didn't q Republican
Supreme Court of the United States hold
this very bill TO be unconstitutional
MI. FOULKE: As matter of Iav Pnt
the Republican party has ever been. and
still is, in favor OF the principles of the bill.
] would ask the Senator whether. sitting