CHAPTER XXVII.

GOVERNOR MORTON'S AND BAKER'S ADMINISTRATIONS EVENTS

THE

OF 1867.

constitution of the two houses of the general assembly of Indiana, in 1867, stood thus: Republicans; senate 30, house 61; Democrats; senate 20, house 39. Soon after the commencement of the session, Governor O. P. Morton sent in his resignation, in consequence of having been elected to the United States Senate. In reply to his resignation, a joint resolution passed both branches of the legislature, highly complimentary to the character and abilities of Mr. Morton, and in January of that year, the chair of the Executive was filled by Lieutenant-Governor Conrad Baker, who was acting Governor during the remainder of Morton's term.

One of the first important measures of this session was a joint resolution ratifying the amendment to the Federal Constitution, proposed by Congress to the legislatures of the several States, "which was intended to constitute all persons born in the country, or subject to its jurisdictions, citizens of the United States, and of the State wherein they reside, without regard to race or color; to reduce the congressional representation in any State in which there should be a restriction of the exercise of the elective franchise, on account of race or color; to disfranchise persons therein named who shall have engaged in insurrection or rebellion against the United States; and to declare that the validity of the public debt of the United States, authorized by law, shall not be questioned." This joint resolution was carried to a committee, a majority of which reported favorable to its passage, and a report was also submitted by the minority, taking strong grounds against the

ratification of the proposed amendments; but the report on the majority was carried by a very decisive vote.

An act was passed dividing the State into eleven congressional districts, and apportioning the representation thereto; but the most important measure of the whole session, with the possible exception of the first referred to, was the passage of an act providing for the registry of votes, the punishment of fraudulent practices at elections, and for the apportionment and compensation of a board of registration. According to the measure, this board was to consist, in each township, of two freeholders appointed by the county commissioners, together with the township trustee of such township; in cities the freeholders were to be appointed in each ward by the city council. The members, by this act, are required to file with the auditor of the county, or with the city clerk, in cities, an oath to support the constitution, etc. Twenty days' residence in a township, city or ward, was required to qualify any person to vote therein. The penalty provided, by this measure, for offenses of false registration, or fraudulent personation of registered persons, is imprisonment in the State prison for a period not less than one year, for each and every offense. In all its phases the measure was very strict, and well calculated to secure honest elections. Its aim in this respect has been effective. No State can present a cleaner political record, since this law was enacted (and even from the earliest history of the State,) than Indiana. The two concluding sections of the law are;

SEC. 23. All ballots which may be cast at any election hereafter held in this State, shall be written or printed on plain white paper, without any distinguishing marks or embellishments thereon, except the name of the candidates and the office for which they are voted for; and inspectors of election shall refuse all ballots offered of any other description, provided nothing herein shall disqualify the voter from writing his own name on the back thereof.

SEC. 24. That whereas frauds have been practiced upon the ballot-box - to prevent the same and to secure to the people of this State a fair expression of their wishes at all elections at the earliest practicable time an emergency is hereby declared to exist, and this act is declared to be in force from and after its passage.

During the same session a law was passed that created con

siderable discussion. It provided for the protection and indemnity of all officers and soldiers of the United States and soldiers of the Indiana Legion, for acts done in the "military service of the United States, and in the military service of the State, and in enforcing the laws and preserving the peace of the country." We annex the leading features of this law:

SEC. 2. That in all suits and actions, civil or criminal, against individuals, arising out of acts done by officers or soldiers of the United States, or of the militia of the State of Indiana, in the preservation of order and the suppression of the late rebellion, or in making any arrest, taking or entering upon any property, or in holding or detaining any person or property, it shall be a full defense to prove that the acts done or committed, and for which suit is brought, were done or committed under orders, either written or oral, from any military officer.

SEC. 5. In all actions for libel or slander for imputing the crime of treason to the plaintiff, during the late rebellion, it shall be a full defense to prove that the party complaining was a member of, or affiliated with, any society or organization, other than as a political party, in sympathy with the rebellion, and in any case where, for technical reasons, a full defense cannot be made according to the provision of this act, the measure of damages, in case of recovery, shall be five dollars, and no more, with.

out costs.

It was at this session of the legislature that an act was passed making definite appropriations to the several benevolent institutions of the State. Several measures were also adopted for the encouragement of education, and charities. First of these was for the establishment of the Soldiers' Home, the corner stone of which was laid on the fourth of July, 1867. The second was for the establishment of a State Normal School, located at Terre Haute, and, to-day, one of the finest institutions of the kind in the west. The erection of suitable buildings for this school was undertaken early in 1867, and the corner stone was laid in August, with interesting and appropriate ceremonies. The original building cost over one hundred and fifty thousand dollars. The legislature also graciously provided for the establishment of a House of Refuge for the correction and reformation of juvenile offenders. According to the law, children under eighteen years of age may be sentenced, upon regular trial, to this Home, instead of being sent to the State prison or county jail. The institution

was admirably established on the plan of an industrial school. Children sent to the House of Refuge by a regular court, are supported by the State, and the county from which they are sent, equally. When sent by the parent or guardian, such person or persons, if able, must defray the expense. This school, or prison, is located near Plainfield, in Hendricks county, and was ready for the reception of the wayward in January, 1868.

After a successful session of sixty days, the legislature adjourned on the eleventh of March, 1867. During the session the question of the agricultural college- now the "Purdue University," at La Fayette --was discussed, but not disposed of. The financial condition of the State on the thirty-first of October, 1867, the close of that fiscal year, is shown by the following statistics, extracted from the Auditor's report for that year:

In that year the total revenue of the common school fund amounted to $1,336,762, which was without a parallel in the United States. The principal of the fund is over ten million dollars, and can never be reduced or reverted from its proper

channel.