that the section might be permitted to pass, without being embarrassed with any extraneous

matter.

66

He says, continued Mr. M., that he is afraid that gentleman will get ahead of him; that they will crowd him off the track. Why did Mr. RARIDEN said he could not conceive not the gentleman from Wayne, then-who that this was extraneous, by any means. While stands, I believe, at the head of the bar of the they were limiting the power of the Legislature whole country-who sets himself up a model in reference to one subject, he thought it was for all men to imitate-why did he not show very proper to limit it in regard to other sub- us that it was necessary to retain the technical jects. There was nothing personal in the mat- phrases of the law, instead of riding his own ter. The gentleman from Marion did him great hobby, and arguing long and loud about niggerinjustice in supposing any such thing. Thereology, and quarreling with editors of newspawere a great many gentlemen in the Conven-pers all over the country? Why did he not do tion, who, like my Uncle Toby," had their this? Now, he tells us that gentlemen are favorite hobbies. The hobby of the gentleman riding their favorite hobbies, and that he is from Marion was the technical phrases of the afraid they will crowd him off the track. I do law. The gentleman had ridden that hobbynot believe there is any danger of crowding through the Convention. And now the gentle-him off the right track; for I do not think he man from Monroe had mounted his hobby-a is on the track. But when he brings forward recognition of the broadest abstract rights of a proposition for the purpose of breaking down individuals. It was all catering to the appetites another proposition, I shall most decidedly vote of the multitude-it was a mere race for popu- against it. But let him bring forward his larity, and in that race he had no idea of allow- measure as a separate and distinct proposition, ing himself to be distanced. [A laugh.] The and I shall be found supporting it. Supreme Court had decided, at the present term, that the proceeds of these lands beionged to commitment, with the instructions proposed by the State of Indiana, to be disposed of accordthe gentleman from Wayne, because he coning to the will of the people of the State, exceived there was no more appropriate place for pressed through the law-making power; and such a provision than to connect it with this yet gentlemen were contending that the fund section. Like the gentleman from Randolph, should be devoted exclusively to one object, he was in favor of the principle contained in making it as much a monopoly as if the Al- the proposition of the gentleman from Wayne, mighty had decreed it. If gentlemen were de- and he would go for inserting it in this place, termined to be pertinacious in riding their favor-not for the purpose of breaking down the propite hobbies, he had as much right to his hobby, osition of the gentleman from Monroe, but to He had voted yesterday as they to theirs. They might tell the people give it strength. of the State, that a representative from Wayne against the section introduced by the gentlecounty-they might tell them that Rariden of man from Monroe, and he had done so because Wayne, was in favor of taking away the fund he thought the proposition was intended to do from the wealthy class, and giving it to the poor would be to make all privileges free and comaway with any but free banking. But if its effect They might make what capital they could out of that. [A laugh.] mon, he would go for the section.

Mr. BASCOM said he thought there had been discussion enough in relation to this matter. He would, therefore, move the previous question. The Convention refused to second the demand for the previous question.

Mr. McCLELLAND said he merely wished to vindicate the position that he occupied in regard to this matter. If the gentleman from Wayne would bring up his proposition in a separate and distinct form, he would support it. He believed that the Government owed to every person a home and education; that that home and education should be limited in value and quantity. He saw no reason why money should be given to high schools in preference to the common schools of the country. He believed in the doctrine contended for by the gentleman from Wayne; but he did not coincide with the gentleman in the propriety of bringing forward his proposition, for the purpose of obstructing that of the gentleman from Monroe..

Mr. KELSO said he should vote for the re

whole object of the General Government, in Now, sir, continued Mr. K., I hold that the making this donation of land, may be couched in the single word "education," and it is left to the people of Indiana to appropriate it in such way as they think will redound to their greatest good. And I say there is no more justice in putting the land within a certain compass, or in possession of a particular institution in Indiana, than there is in saying that there shall be special privileges granted to a particular portion of the community, or to a particular part of the State. I say we might grant extraordinary privileges to a few-privileges not common to the whole people-just as well in the one case as in the other. If the donation be confined to the higher institutions of learning, it will inure practically to the benefit of the wealthy classes in the community to the exclusion of the poor. Now, if we can make a more just and proper application of the fund, why not do it? And why not do it now? Why not make it part and parcel of the section

sity, where the higher branches of education should be taught. It was contemplated that there should be a regular gradation from the common schools of the country to institutions where those who are able to educate their children might find a place within our own borders, where all the sciences and lauguages are taught. By the acceptance on the part of the State of Indiana of the donation, it has become settled, permanent, and fixed.

which the gentleman himself acknowledges is circumstances, to all. Sir, this land was grantintended to break down monopolies. If such ed to this State for the erection and maintebe the object of the section, I shall vote for it.nance of high schools, or colleges, or an univerMr. BÖRDEN said it would be recollected that this subject had been brought up some time since and referred to a select committee. That committee had not acted, in consequence of the absence of the gentleman from Dearborn (Mr. Holman). He was glad that the distinguished gentleman from Wayne had taken up the subject. He was glad to have his co-operation. He was for giving the fund to common schools; and if that could not be done, he was for distributing it among the colleges; and if it could not be so disposed of, then he was in favor of appealing to the General Government for a change of the terms of the donation. As the subject had gone to a committee, however, he thought it should not be acted upon by the Convention at this time.

Mr. PETTIT said, that the section under consideration which had been engrossed and was now upon its passage, and the motion to re-commit and amend, as proposed by the gentleman from Wayne, were very different.

The section introduced by the gentleman from Monroe, that was yesterday engrossed, and is now upon its passage, continued Mr. P., is a plain, simple, unequivocal declaration of equal rights and privileges. It is a direct and unequivocal prohibition upon the Legislature against giving any advantages to one class of persons over another. It reads as follows:

"The General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not belong equally to all citizens."

I could not have doubted, sir, that if we had been about to establish for the first time, a law for a civilized community-if it had been our first effort to lay a platform or form a declaration of personal and political rights-I could not for a moment have doubted that this would have been one of the first declarations adopted by acclamation-that it would have met with universal approbation.

This section applies to the future action of the Legislature. It declares that the Legislature shall not hereafter place one class of citizens upon a pedestal of fame and wealth, and trample another in the dust of ignominy and poverty. [Applause.]

That is what this section provides for. But the proposition of the gentleman from Wayne seeks to do a positive wrong. It directs the{ Legislature that they shall hereafter do a positive wrong that they shall take away from the State University of Indiana that which the law of the land has conferred upon that institution,

Well, sir, the section before us provides that no rights shall be given to one class of the community that are not given, upon the same terms, the same conditions, and under the same

The object now appears to be to level this institution of learning-an institution where the accomplished scholar may be formed, where a man may receive a finished education, where education may be made complete, and to distribute the funds which have been devoted to the support of such an institution amongst the minor schools of the State-or I may say to scatter them to the winds of heaven-to throw them out in a thousand different channels, to make them more diversified than the sands on the sea shore, where their benefits cannot be felt, where they would be but a drop in the bucket.

Sir, the section as it now stands, proposes not to interfere with vested rights, whereas, the instructions offered by the gentleman from Wayne propose to abrogate vested rights.

If a proposition were now here that the State Bank should be abolished, together with all rights claimed under it, the gentleman from Wayne would be the first to say, here are vested rights. This is holy ground. You cannot disturb this ground-you cannot trample upon these rights. And I advise the friends of the section that has been introduced by the gentleman from Monroe, that was engrossed yesterday, if this proposition is insisted on, to come in with an amendment declaring that the State Bank of Indiana shall cease to exist. ["Consent."] If we surrender or interfere with vested rights in one instance, let us lay the leveling axe to them all. Let us put our hands upon every right, upon every institution that claims any right, monied institutions and allreal or fancied, imaginary or substantial. Let them all come within the action of the Convention at once.

Mr. OWEN. There are two modes of legislating. One is to let a proposition stand by itselt, upon its own merits, to act upon it singly and simply—to vote aye or no upon it without reference to any other matter; and the other is to patch together incongruous matters, and either carry a bad proposition by connecting it with a good one, or destroy a good proposition by connecting it with a bad one. Now, sir, to this last mode of proceeding I am utterly opposed. It reminds me of a story of a school boy who was very fond of fruit. He walked into the room of the schoolmaster, and found

there a magnificent bunch of grapes. He cov- Gentlemen need not disguise that in the eted the grapes, and his mouth began to water amendment now pending there is intended a to taste them. Said he, "If anybody knows direct personal thrust at myself. This is palany just cause or impediment why these grapes pable in the very thing. How far,jby any conduct and my mouth should not be joined together in of mine, since I have been a member of this the holy bonds of matrimony, let him declare body, I have merited such an attempted rebuke, it, or henceforth forever hold his peace." No others must judge. In no single instance, I response being heard he proceeded to devour think I may say, have I been guilty of a disthe grapes. The schoolmaster happened at courtesy to a single member of this body. But that moment to be entering the room, and hav-let that pass. My principles I must support at ing heard what had been said by his pupil, he whatever expense. proceeded to adopt the same formula. Seizing Upon yesterday, when it was attempted to a rod he said: "If any body knows any just connect with the proposition the State Bank cause or impediment why this rod and this boy's question and the Free Bank question, without back should not be joined together in holy mat-any reference to my own individual opinions on rimony, he will now declare it." Said the boy, these subjects, I voted against any such con"I do." "What is the reason," demanded the nection. master? "Because," said the boy "the parties do not agree." [Laughter.] Now it is exactly so in regard to this amendment and the section. The parties do not agree. If the parties do not agree to marry then according to all principles, human and divine, they should not be joined together.

Mr. BIDDLE. Mr. President, I do not rise to debate this question. I expressed my views on the subject yesterday. I would remark, however, that this Convention cannot divest the college fund without the consent of Congress. It is granted for a specific purpose, and is guarantied by a contract. No power can abrogate or change it, except the power that made it. The State of Indiana, and the Congress of the United States, can change it by their joint consent; not otherwise. That fund is safe with the courts.

Mr. RARIDEN (interposing.) Does the gentleman from Cass remember the late decision of our Supreme Court?

Mr. BIDDLE. He does; but that case does not involve the same point.

I was about to add, Mr. President, that I had found an additional reason why equal rights should be granted to all men. If rumor speaks correctly, two of our most distinguished members are candidates for the United States Senate. Now if either of these gentlemen should be elected, why, you see, we shall all be senators! [Laughter.] Who of us, then, would not vote for the proposition?

When we reach, in the course of a few days, the proper report, I may, perhaps, if need be, have occasion to express my opinion on the subject now attempted to be lugged in.

Mr. KENT demanded the previous question.

The demand for the previous question was, upon a division, ayes 52, noes 48, seconded. The main question was ordered to be now put.

The question being upon the re-commitment of the section with the instructions proposed by the gentleman from Wayne,

The yeas and nays were demanded, and they were ordered.

Mr. COOKERLY. I would like to be ex

cused from voting upon this amendment.

The PRESIDENT put the question: Shall the gentleman from Vigo be excused from voting?

It was decided by acclamation in the nega

tive.

Mr. COOKERLY. I don't like to be gagged down upon such a question as this. I do not want to be compelled to vote without having an opportunity to give my reasons.

The PRESIDENT. The gentleman is out of order.

The yeas and nays were then taken, with the following result-yeas 45, nays 72-as follows:

YEAS. Messrs. Allen, Badger, Ballingall, Beard, Brookbank, Butler, Carter, Clark of Hamilton, Coats, Conduit, Crawford, Davis of

Frisbie, Gootee, Hall, Hawkins, Helm, Hitt, Huff, Kelso, Mathis, Miller of Clinton, Milligan, Nave, Newman, Prather, Rariden, Robinson, Schoonover, Sims, Spann, Stevenson, Tague, Tannehill, Taylor, Thomas, Walpole, Watts, Wheeler, Wiley, Wolle, and Zenor

Mr. READ of Monroe. I have had the rash-Madison, Davis of Parke, Edmonston, Farrow, ness to introduce upon this floor a proposition which I thought right in itself. It is a proposition so just, so consistent with the sound principles of political economy, so consistent with the great principles of liberty, that it is difficult for any man to meet it with direct opposition.

I have uttered hardly a word in support of the principle. I had, from the first, resolved to leave it to its own fate. If, upon its own simple, naked merits, it cannot succeed, let it go. It has been most ably supported by others.

-45.

NAYS.-Messrs. Anthony, Bascom, Beach, Bicknell, Biddle, Blythe, Borden, Bourne, Bracken, Bright, Carr, Chandler, Chapman, Clark of Tippecanoe, Clements, Cole, Cookerly, Crumbacker, Davis of Vermillion, Dick, Dobson,

Dunn of Jefferson, Dunn of Perry, Duzan, Elliott, Foster, Garvin, Gibson, Gordon, Graham of Miami, Haddon, Hamilton, Helmer, Hendricks, Hogin, Hovey, Howe, Kent, Kinley, Lockhart, Maguire, March, Mather, May, McClelland, McFarland, McLean, Miller of Fulton, Miller of Gibson, Milroy, Mooney, Morgan, Morrison of Marion, Mowrer, Murray, Owen, Pepper of Ohio, Pettit, Read of Clark, Read of Monroe, Ristine, Shannon, Shoup, Smiley, Snook, Smith of Ripley, Steele, Thorn-joy, and transmit property, should be guaranton, Trimbly, Work, Wunderlich, and Mr. President-72.

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