DEBATES OF THE CONSTITUTIONAL CONVENTION; OF THE STATE OF IOWA, ASSEMBLED AT IOWA CITY, MONDAY, JANUARY 19, 1857. BEING A FULL AND COMPLETE REPORT OF THE DEBATES AND PROCEEDINGS, BY AUTHORITY OF THE CONVENTION; ACCOMPANIED, FOR PURPOSES OF REFERENCE, BY A COPIOUS INDEX OF SUBJECTS, AND REMARKS OF MEMBERS THEREON. OFFICIAL. W. BLAIR LORD, REPORTER. CHARLES B. COLLAR, HENRY M. PARKHURST, ASSISTANTS. VOL. II. DAVEXPORT: LUSE, LANE & CO, PUBLISHERS JOB PRINTERS, AND BOOK-BINDERS. 185....... 1857. THE NOTE. As the debates and proceedings of the convention that framed the new constitution, were ordered to be published, not only for the information of the people of the State, who were to be called upon to vote upon the new organic law, but also to afford information to the bench and bar, in relation to the proper construction of the various provisions of the constitution, it will not be inappropriate to publish in connection thelewith, those acts of Congress relative to the formation of the territorial and State governments of Iowa. They are put in the second volume of the Debates, in order that they may be contained in the same volume with the old and new constitutions, for more convenient reference. ORGANIC LAW OF WISCONSIN. o AN ACT establishing the territorial government of Wisconsin. Be it enacted, by the senate and house of rep- And after the said third day of July next, all resentatives of the United States of America in power and authority of the government of Michcongress assembled, That from find after the igan in and over the territory hereby constituted, thllirsd da.y of July next, the country included shall c ase: Provided, That nothing in this wi:hin the foll.)willg borundaries shall constitute.t contained shall be construed to impair the E separtte territ(ry, for the purpose of templora- rights of person or property now appertaining ry government, by the name of Wisconsin; that to any India,ns within the said territory, so long s to say: Bounded on the east by a line drawn as such rights shall remain unextinguished by fr.om the northeast corner of the Stoate of Illinois, treaty between the United States and such Inthrolighl the midilile of Lake M.Nichigan, to a point dians, or to impair the obligations of any treaty in the middl;e ef said lake, and opposite the main now existing between the United States and such channel of Green B.ty, and through said chan- Indians, or to impair or anywise to affect the aunel atid Green B;y to the mouth of the Meno- thority of the government of the United States monlie river; thence through the middle of the to make any regulations respecting such Inm'in channel of said river, to that head of said dians, th. ir lands, property, or other rights, by river nearest to the Lake of the Desert thence treaty, or law, or otherwise. which it would in a direct line to the midd!e of said lake thence have been competent to the,government to make through the middle of the main channel of the if this act had never been passed; Provided, Montreal river, to its mouth; thence with a di- That nothing in this act contained shall be conrect line across Lake Superior, to whele the strued to inhibit the government of the United territorial line of the United States last touches States from dividing the territory hereby essatid lake northwest; thence on the north, with tablished into one or more other territories, in the said territorial line, to the White-earth river; such manner, and at such times, as Congress on the west, by a line from the said boundary shall, in its discretion, deem convenient and line f llowingdown the middleofthemainchan- proper, or from attaching any portion of said niel of WVtiite.eatrthl river, to the Missouri river, territory to any other State or territory of the and down the middle of the m Lid channel of the United States. Missouri river to a point due westfrom the north- Sec. 2. And be it further enacted, That the west corner of the State of Missouri; and on the executive power and authority in and over the south, from said point, due east to the north- said territory shall be vestedin a governor, who west corner of the State of Missouri; and thence shall1 hold his office for three years, unless with the boundaries of the States of Missouri sooner removed by the President of the United and Illinois, as already fixed by acts of Congress. States. The governor shall reside within t ITWISCONSIN. TERRITORIAL GOV:ERN3IENT OF WISCONSI5N, Said territory, shall be comnmander-in-chief of district for which they may be elected. Prethe militia thereof, shall performn the duties and vious to the first election, the governor of the receive the emloluments of superintendent of territory shall cause the census or enrumerat;on Indian affairs, and shall approve of all laws of the inhabitants of the several counties in the passed by the legislative assembly before they territory to be taken and made by the sheriffs of shall take effect; he may grant pardons for the said counties, respectively, and retur,s offences against the laws of the said territory, thereof mad,, by said sheriffs to the governiior. and reprieves for offenses against the laws of the "'he first election shall be held at such time and United States, until the decision of the President place, and be conducted in such manner as the can be made known thereon; he shall commis- governor shall appoint and direct; and he shall, sion all officers who shall be appointed to off ice under the laws of the said territory, and shall take care that the lars be faithfully executed. See. 3,. And be it fuL,rther enacted, That there shall be a secretary of the said territoryi, who shall reside therein, and hold his ofice obr four years, unless sooner removed by the I'President of the United States; he shall record and preserve all the laws and proceedinhgs of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in at the same time, declare the an umber o f p eribers of the council and house of representatives to which each of the counties is entitled under this act. The number of persons authlorizedI to be elected having the greatest number of votes in each of the said counties for the council shall be declared, by the said governor, to be duily -elected to the said council; and the person or persons having the greatest number of votes for the house of representatives, equal to the number to which each county may be entitled, shall also his executive department; he shall transmit one I )e declare(l, by the governor, to be duly elected; copy of the laws and one copy of the executive pro. Provided, The governor shall order a new elecceedings on or before the first Monday inDecember tion when there is a tie between two or more in each year,to the President of the United States: persons voted for, to supply the vacancy made and at the same time, two copies of the laws to by such tie. And the persons thus elected to the speaker of the house of representatives, for the legislative assembly shall meet at such place the use of congress. And in case of the death, on such day as he shall appoint; but, thereremoval, resignation, or necessary absence, o after, the time, place and manner of holding and the governor from the territory, the secretary conducting all elections by the people, and the shall have, and he is hereby authorized and re- apportioning the representation in the several quired to execute and perform, all the powers counties to the council and house of representaanld duties of the governor during such vacancy ti tvet, according to population, shall be pre and duties of' the governor during such vacancy or necessary absence. See. 4. And be it further enacted, That the legislative power shall be vested in a governor, and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of! service shall continue four years. The house of representatives shall consist of twenty-six i members, possessing the samrie qualifications as prescribed for the nmembers of the council, and tives, according to popula'tion, shall be pre scribed by law, as well as the day of the annual commencement of the session of the said legis lative assembly; but no session, in any year, shall exceed the term of seventy-five days. See. 5. And be it further enacted, That every free white' maie citizen of the United States, above the age of twenty-one years, who shall have been an inhabitant of said territory at the time of its organization, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the qu alifications of voters at all subsequent elec whose term of service shall continue two years. tions shall be such as shall be determined by the An apportionment shall be made, as nearly equal legislative assembly; Provided, That the right as practicable, among the several counties, for of suffrage shall be exercised only by citizens of the election of the council and representatives, the United States. giving to each section of the territory represen- Sec. 6. And be it further enacted, That the tation in the ratio of its population, Indians ex- legislative power of the territory shall extend to cepted, as nearly as may be. And the said all rightful subjects of legislation; but no law members of the council and house of rep-resenta- |shall be passed interfering with the primary distives shall reside in and be inhabitants of thel posal of the soit; no tax shall be imposed upon vi I VWISCONSIN. TERRITORIAL GOYERNMENT OF WISCONSIN. the property of the United States; nor shall the late and original, and that of the problate courts, lands or other property of non-residents be taxed and of the justices of the peace, shall be limite d higher than the lands or other property of res- by law: Provided, however, That justices of idents. All the laws of the governor and legis- the peace shall not have jurisdiction of any matlative assembly shall be submitted to, and, if ter of controversy, when the title or boundaries disapproved by the Congress of the United of land may be in dispute, or where the debt or S tates, the samie shall be null and of no effect. sum claimed exceeds fifty dollars. And the said Sec. 7. And be it further enacted, That all supreme and district courts, respectively, shall township officers and all county officers, except possess chancery as well as conimon law jurisj udicial officers, justices of the peace, sheriffs, diction. Each district court shall appoint its and clerks of courts, shall be elected by the clerk, who shall keep his office at the place people, in such manner as may be provided by where the court may be held, and the said clerks the governor and legislative assembly. The shall also be the registers in chancery; and any governor shall nominate, and, by and with the vacancy in said office of clerk, happening in the advice and consent of the legislative council, vacation of said court, may be filled by the judge shall appoint all judicial officers, justices of the of said district, which appointment shall conpeace, sheriffs, and all militia officers, except tinue until the next term of said court. And those of the staff, and all civil officers not herein writs of error, bills of exception, and appeals in provided for. Vacancies occurring in the re- chancery causes, shall be allowed in all cases, cess of the council shall be filled by appoint- from the final decisions of the said district courts ments from the governor, which shall expire at to the supreme court, under such regulations as the end of the next session of the legislative as- may be prescribed by law; but in no case re sembly; but the said governor mrnay appoint, in moved to the supreme court, shall a trial by jury the first instance, the aforesaid officers, who be allowed in said court. The supreme court shall hold their offices until the end of the next may appoint its own clerk, and every clerk shall session of the said legislative assembly. hold his office at the pleasure of the court by Sec. 8. And be it further enacted, That no which he shall have been appointed. And writs member of the legislative assembly shall hold of error and appeals from the final decisions of or be appointed to any effice created, or the the said supreme court shall be allowed and salary or emoluments of which shall have been taken to the supreme court of the United States, increased whilst he was a member, during the in the same manner, and under the same regu term for which he shall have been elected, and lations, as from the circuit courts of the United for one year after the expiration of such term; states, where the value of the property, or the and no person holding a commission under the amount in controversy. to be ascertained by the United States, or any of its officers, except as a oath or affirmation of either party, shall exceed militia officer, shall be a member of the said one thousand dollars. And each of the said council, or shall hold any office under the gov- district courts shall have ald exercise the same ernmnent of the said territory. jurisdiction, in all cases arising under the coi Sec. 9. And be it further enacted, That the stitution and laws of the United States as is judicial power of the said territory shall be -ested in the circuit and district courts of the vested in a supreme court, district courts, pro- United States. And tihe first six (days of every bate courts, and in justices of the peace. The term of the said courts, or so much thereof as supreme court shall consist of a chief justice, shall be necessary, shall be approp' iated to the and two associate judges, any two of whom trial of causes arising under the said constitu shall be a quorum, and who shall hold a term tion and laws. And writs of error, and appeals at the seat of government of the said territory, from the final decisions of the said courts, in all annually, and they shall hold their offices dur- such cases, shall be made to the supreme court ing good behavior. The said territory shall be of the territory, in the same manner as in other divided into three judicial districts; and a dis- cases. The said clerks shall receive, in all such trict court or courts shall be held in each of the cases, the same fees which the clerk of the dis three districts, by one of the judges of the su- trict court of the United States in the northern preme court, at such times and places as may district of the State of Newv York receives for be prescribed by law. The jurisdiction cf the similar services. several courts herein provided for, both appel- Sec. 10. And be it further tnacted, That vii WISCONSIN. TERI{IrOPI.LAL Giv)EP.NM "I3 NT OF WI.SCONSIN. there shall be an attorney for the said territory judges, shall each receive an annual salary of appointed, who shall continue in offie fiourycars, eighteen hundred dollars. The secretary shall unless sooner removed by the President, and! receive an annua-l salary of twelve hundred dolwho shall receive the same fees and salary as lars. The said salaries shaill be paid quarterthe attorney of the United States for the Mich- yearly, at the treasury of the United States. iga.n territory. There shall also be a marshal The members of the legislative assembly shall ftr the territory appointed, who shall hold his be entitled to receive three dollars each per day, office for four years, unless sooner removed by during their attendance at the sessions thereof, the President, who shall execute all process is- and three dollars each for every twenty miles' stipg from the said courts when exercising their travel in going to and retuirniiig firom the said jurisdiction as circuit and district courts of the sessions, estimated according to the nearest United States. He shall perform the same usually-traveled route. There shall be approduties, he subject to the same regulations and priated, annually, the sum of three hundred and penalties, and be entitled to the same fees, as fifty dollars, to be expended by the governor to the marshal of the district court of the United defray the contingent expenses of the territory, States for the northern district of the State of' and there shall also be appropriated annually, a New York, and shall, in addition, be paid the sufficient sum, to be expended by the secretary sum of two hundred dollars, annually, as a coin- of the territory, and upon an estimate to be pensation for extra services. made by the secretary of the treasury of the Sec. 11. And be it further enacted, That United States, to defray the expenses of the legthe governor, secretary, chief justice, and as- islative assembly, the printing of the laws, and sociate judges, attorney, and marshal, shall be other incidental expenses; and the secretary of nominated, and by and with the advice antid the territory shall annually account to the sec cons nt of th Snae apone by th Prsi rear of th rauyo h ntdSae o retary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended. Sec. 12. And be it further enacted, That the inhabitants of the said territory shall be en titled to, and enjoy, all and singular the rights, privileges, and advantages, granted and secured to the people of the territory of the United States north-west of the river Ohio, by the articles of the compact contained in the ordinance for the government of the said territory, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven; and shall be subject to all the conditions and restrictions and prohibitions in said articles of compact imposed upon the people of the said territory. The said inhabitants shall also be entitled to all the rights, privileges, and immunities, heretofore granted and secured to the territory of Michigan, and to its inhabitants, and the existing laws of the territory of Michigan shall be extended over said territory, so far as the same shall not be incompatible with the provisions of this act, subject, nevertheless, tc be altered, modified, or repealed, by the governor and legislative assembly of the said territory of Wisconsin; and further, the laws of the United States are hereby extended over, and shall be in force in said territory, so far as the same, or any provisions thereof, may be applicable. Sec. 13. And be it further enacted, That viii 4p WISCONSIN. TERRITORIAL GOVERNMENT OF WISCONSIN. the legislative assembly of the territory of Wis- termined on the third day of July next, in the cousin shall hold its first session at such time courts held by the additional judge for the and place in said territory as the governor Michigan territory, in the counties of Brown and thereof shall appoint and direct; and at said Iowa; and all suits, process and proceedings, session, or as soon thereafter as may by them and all indictments and informations which be deemed expedient, the said governor and shall be undetermined on the said day of July, legislative assembly shall proceed to locate and in the county courts of the several counties of establish the seat of government for said terri- Crawford, Brown, Iowa, Dubuque, Milwaukee, tory, at such place as they may deem eligible, and Des Moines, shall be transferred to be heard, which place, however, shall thereafter be sub- tried, prosecuted, and determined, in the disject to be changed by the said governor and leg- trict courts hereby established, which may inislative assembly. And twenty thousand dol- elude the said counties. lars, to be paid out of any money in the treasury, Sec. 16. And be it further enacted, That all not otherwise appropriated, is hereby given to causes which shall have been or may be rethe said territory, wLich shall be applied by the moved from the courts held by the additional governor and legislative assembly to defray the judge for the Michigan territory, in the counties expenses of erecting public buildings at the seat of Brown and Iowa, by appeal or otherwise, into of government. the supreme court for the territory of Michigan, Sec. 14. And be it further enacted, That a and which shall be undetermined therein on the delegate to the house of representatives of the third day of July next, shall be certified by the United States, to serve for the term of two clerk of the said supreme court, and transferred years, may be elected by the voters qualified to to the supreme court of said territory of Wiselect members of the legislative assembly, who cousin. there to be proceeded in to final detershall be entitled to the same rights and priv- mination, in the same manner that they might ileges as have been granted to the delegates from have been in the said supreme court of the terthe several territories of the United States to the ritory of Michigan. said house of representatives. The first elec- Sec. 17. And be it further enacted, That tion shall be held at such time and place or the sum of five thousand dollars be, and the places, and be conducted in such manner as the same is hereby, appropriated, out of any money governor shall appoint and direct. The person in the treasury not otherwise appropriated to having the greatest number of votes shall be be expended by and under the direction of the declared by the governor to be duly elected, and legislative assembly of said territory, in the pura certificate thereof shall be given to the person chase of a library for the accommodation of said so elected. assembly, and of the supreme court hereby es Sec. 15. And be it further enacted, That all tablishel. suits, process, and proceedings, and all indict- APPROVED, APRIL 20, 1836. ments and informations which shall be nude ix .B ORGANIC LAW OF IOWA. AN ACT to divide the territory of Wisconsin, and to establish the territorial government of Iowa. Be it enacted by the senate and house of rep- That nothing in this act contained shall be con resentatives of the United States of America, in strued to inhibit the government of the United congress assembled, That, from and after the States from dividing the territory hereby estab third day of July next, all that part of the lished into one or more other territories, in such present territory of Wisconsin which lies west of manner, and at such times, as congress shall, in the Mississippi river, and west of a line drawn its discretion, deem convenient and proper, or Itue north from the head waters or sources of firom attaching any portion of said territory the Mississippi to the territorial line, shall, for to any other State or territory of the United the purposes of temporary government, be and States. constitute a separate territorial government, by Sec. 2. And be itfurther enacted, That the ex the name of Iowa; and that, from and after the ecutive power and authority in and over the said said third day of July next, the present territo- territory of Iowa, shall be vested in a governor, rial government of Wisconsin shall extend only who shall hold his office for three years, unless to that part of the present territory of Wiscon- sooner removed by the President of the United sin which lies east ofthe Mississippi river. And States. The governor shall reside within the :,fter the said third day of July next, all power said territory, shall be commander-in-chief of anrid authority of the government of Wisconsin, the militia thereof, shall perform the duties and in and over the territory hereby constituted, receive the emoluments of superintendent of shall cease: Provided, That nothing in this Indian affairs, and shall approve of all laws act contained shall be construed to impair the passed by the legislative assembly before they rigihts of person or property now appertaining shall take effect; he may grant pardons for to any Indians within the said territory, so long offences against the laws of the said territory, :ts such rights shall remain unextinguished by and reprieves for offenses against the laws of the treaty between the United States and such In- United States, until the decision of the President di:ns, or to impair the obligations of any treaty can be made known thereon; he shall comrnmisnow existing between the United States and sion all officers who shall be appointed to office such Indians, or to impair or anywise to affect under the laws of the said territory, and shall the authority of the government of the United take care that the laws be faithfully executed. States to make any regulations respecting such Sec. 3. And be it further enacted, That Indians, their lands, property, or other rights, there shall be a secretary of the said territory, by treaty, or law, or otherwise, which it would who shall reside therein, and hold his office for have been competent to the government to make, four years, unless sooner removed by the Presif this act had never been passed: Provided, ident of the United States; he shall record and IOWA. xi TERRITORIAL GOYERNMENT OF IOWA. preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy f the laws and one copy ofthe executive proceedings on or before the first Monday inDecember in each year,to the President of the United States; and at the same time, two copies of the laws to the speaker of the house of representatives, for the use of congress. And in case of the death, removal, resignation, or necessary absence, of the governor from the territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancyv or necessary absence, or until another governor shall be duly appointed to fill such vacancy. Sec. 4. And be it further enacted, That the legislative power shall be vested in a governor, and a legislative assembly. The legislative as sembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, w ho s e term of service shall continue two years. The house of representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for the members of the council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties, for the election of the council and representatives, giving to each section of the territory represen tation in the ratio of its population, Indians ex cepted, as nearly as may be. And the said members of the council and house of representa tives shall reside in and be inhabitants of the district for which they may be elected. Pre vious to the first election, the governor of the territory shall cause the census or enumeration of the inhabitants of the several counties in the territory to be taken and made by the sheriffs of' the said counties, respectively, unless the same shall have been taken within three months previ ousl'y to the third dav of July next, and returns thereof madt, by said sheriffs to the governor. The first election shall be held at such time and place, and be conducted in such nmanner as the governor shall appoint send direct; aod he shall, at the same time, declare the number of mem bers of the ounlcil and h ouse of representatives to which each of the counties or districts are entitled under this act. The number of persons authlor ized to be elected having the greatest number of votes in each of the said counties or districts for the council shall be be declared, by the said governor, to be duly elected to the sai d council; an d the person or persons having the greate st number of votes f or the house of representatives, equal to the number wto which each count y may be entitle d, shall also be declared, by the governor, t be e duly elected; Provided, The gover n or shall order a new election wthen there is a tie betwee n two or more persons voted for, to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly s hall mee t at such place on such day as he shall appoint; but, there after, the time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties to the council and house of representatives, according to population, shall be pre scribed by law, as well as the day of the annual commencement of the se ssion of the said legis - lative assembly; but no sess ion, in any year, shall exceed t h e term of seventy-five days. Sec. 5. And be it further enacted, That every fre e whi te male citizen of the United States, above the age of twenty-one years, who shall have been an inhabitant of said territory at the time of its organization, sha ll b e entitled to vote at the first ele ction, and sha ll be eligible to any office withi n the said territory; but the qualifications of vote r s at all subsequent elec-e tions shall be such as shall be determined by the legislative assembly; Provided, That the right of suffrage shall be exercised only by citizens of the United States. Sec. 6. And be it further enacted, That the legislative power of the territory shall extend to all rightful subjects of legislation; but no law shall be passed interferirg with the primary dis posal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of res idents. All the laws of the governor and legis lative assembly shall be submitted to, and, if disapproved by the Congress of the United States, the same shall be null and of no effect. Sec. 7. And be it further enacted, That all township officers and all county officers, except judlicial officers, justices of the peace, sheriffs, and clerks of coulrts, shadl be elected by the people, in such manner as is now prescribed by the laws of the territory of Wisconsin, or as ma~y, * after the first election, be providied by tile gov m I IOWA. xi TERRITORIAL GOVYERNMENT OF IOWVA. nor and legislative assembly of Iowa territory. possess chancery as well as common lawjuris The governor shall nomiuate,and,by arid with the diction. Each district court shall appoint its advice and consent of the legislative council, clerk, who shall keep his office at the place shall appoint all judicial officers, justices of the where the court may be hcld, and the said clerks peace, sheriffs, and all militia officers, except shall also he the registers in chancery; and any those of the staff, and all civil officers not herein vacancy in said office of clerk, happening in the provided for. Vacancies occurring in the re- vacation of said court, may he filled by the judge cess of the council shall be filled by appoiut- of said disbict, which appointment shall conmerits from the governor, which shall expire at tinue until the next term of said court. And the end of the next session of the legislative as- writs of error, bills of except on, and appeals in sembly; but the said governor may appoint, in chancery causes, shall be allowed in all cases, the first instance, the aforesaid officers, who from the final decisions of the said district courts shall hold ther offices untli the end of the next to the supreme court, under such regulations as session of the said legislative assembly. may be prescribed by law; but in no case re Sec. 8. And be it further enacted, That no moved to the supreme court, shall a trial by jury member of the legislative assembly shall hold be allowed in s.'sid court. The supreme court hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner, and under the same regu lations, as from the circuit courts of the United states, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the con stitution and laws of the United States as is vest e d in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitu tion and laws. And writs of error, and appeals from the final dec,ions of the said courts, in all such cases, shall be made to the supreme court of the territory, in the same manner as in other cases. The said clerk shall receive, in all such e cases, the same fees which the clerks of the dis, trict courts of Wisconsin territory now receives for similar services. Sec. 10. And be it ifurther nacted, That there shall be an attorney for the said territory appointed, who shall continue iin office four years, unless sooner removed by the President, and e who shall receive the same fees and salary as t the attorney of the United States for the Wis consin territory. There shall also be a marshal for the territory appointed, who shall hold his office for four years, unless sooner removed by l the President, who shall execute all process is salary or emoluments of which shall have been increased whilst he was a memrnber, during the term for which he shall have been elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, or any of its officers, except as a militia officer, shall be a member of the said council or house of representatives, or shall hold any office under the government of the said territory. Sec. 9. And be it further enacted, That the judicial power of the said territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice, *i. AoA IOW"rA. 'r IOW A. TERRITORIAL GOVEPN-MENT OF IOWA. suing from the said courts when exercising their during their attendance at the sessions thereof, jurisdiction as circuit and district courts of the and three dollars each for every twenty miles' United States. He shall perform the same travel in going to and returning from the said duties, be subject to the same regulations and sessions, estimated according to the nearest penalties, and be entitled to the same fees, as usually-traveled route. There shall be approthe marshal of the district court of the United printed, annually, the sum of three hundred and States for the present territory of Wisconsin; fifty dollars, to be expended by the governor to anrid shall, in addition, be paid the sum of defray the contingent expenses of the territory, two hundred dollars, aonually, as a com- and there shall also be appropriated annually, a pensation for extra services. sufficient sum, to be expended by the secretary Sec. 11. And be it further enacted, That of the territory, and upon an estimate to be the governor, secretary, chief justice, and as- made by the secretary of the treasury of the sociate judges, attorney, and marshal, shall be United States, to defray the expenses of the legnominated, and by and with the advice and islative assembly, the printing of the laws, and consent of the Senate, appointed by the Presi- other incidental expenses; and the secretary of dent of the United States. The governor and the territory shall annually account to the secsecretary, to be appointed as aforesaid, shall, retary of the treasury of the United States for before they act as such respectively, take an the manner in which the aforesaid sum shall oath or affirmation before some judge or justice have been expended. of the peace in the existing territory of Wisconsin, Sec. 12. And be it further enacted, That duly commissioned and qualified to administer the inhabitants of the said territory shall be enan oath or affirmation, or before the chief justice titled to all the rights, privileges, and immunior some associate justice of the supreme court ties heretofore granted and secured to the terof the United States, to support the constitu- ritory of Wisconsin, and to its inhabitants; and tion of the United States, and for the faithful the existing laws of the territory of Wisconsin discharge of the duties of their respective offices; shall be extended over said territory, so far as which said oaths, when so taken, shall be cer- the same be not incompatible with the provisions tified by the person before whom the same shall of this act, subject, nevertheless, to be altered, have been taken, and such certificate shall be modified, or repealed by the governor and legisreceived and recorded by the said secretary lative assembly of the said territory of Iowa; among the executive proceedings. And after- and, further, the laws of the United States are wards the chief justice, and associate judges, and hereby extended over, and shall be in force in all other civil officers in said territory, before said territory, so far as the same, or any pro they act as such, shall take a likle oath or affir- vision thereof, may be applicable. mation before the said governor or secretary, or S c. 13. And be it further enacted, That some judge or justice of the territory who may the legislative assembly of the territory of Iowa be duly commissioned and qualified, which said shall hold its session at such time and place, in oath or affirmation shall be certified and trans- said territory, as the governor thereof shall ap mitted by the personr taking the same to the point and direct; and at said session, or as soon secretary, to be by him recorded as aforesaid; thereafter as may by them be deemed expedient, and, afterwards, the like oath or affirmation the said governor and legislative assembly shall shall be taken, certified, and recorded, in such proceed to locate and establish the seat of gov manner and form as may be prescribed by law. ernmeut for said territory, at such place as they The governor shall receive an annual salary of may deem eligible, which place, however, shall fifteen hundred dollars as governor, and one thereafter be subject to be changed by the gov thousand dollars as superintendent of Indian ernor and legislative assembly. And the sum affairs. The said chief justice, and associate of twenty thousand dollars, out of any money in judges, shall e.ch receive an annual salary of the treasury not otherwise appropriated, is fifteen hundred dollars. The secretary shll hereby granted to the said territory of Iowa, receive an annual salary of twelve hundred dol- which shall be applied by the governor and leg lars. The said salaries shall be paid quarter islative assembly thereof, to defray the expenses yearly, at the treasury of the United States. of erecting public buildings at the seat of gov The members of the legislative assembly shall ernment. be entitled to receive three dollars each per day, Sec. 14. And be it further enacted, That xiii IOVA. TERItTORIAL GOVERN3IENT OF IOWA. delegate to the house of representatives of the United States, to serve for the term of two years, may be elected by the voters qualified to elect members of the legislative assembly who shall be entitled to the same rights and privileges as have been granted to the delegates from the several territories of the United States to the said house of representatives. The first elec tion shall be held at such time and place or places, and be conducted in such manner as the governor shall appoint and direct. The person ihaving the greatest number of votes shall be de clared by the governor to be duly elected, and a certificate thereof shall be given to the person so elected. Sec. 15. And be it further enacted, That all suits, process, and proceedings, and all indict ments and information, which shall be unde termined on the third day of July next, in the district courts of Wisconsin territory, west of the Mississippi river, shall be transferred to be heard, tried, prosecuted and determined in the district courts hereby established, which may include the said counties. Sec. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and all other executive and judicial officers, who shall be in office on the third day of July next, in that portion of the present territory of Wis consin, which will then, by this act, become the territory of Iowa, shall be, and are hereby au thorized and required to continue to exercise and perform the duties of their respective offices, as officers of the territory of Iowa, temporarily, and until they or others shall be duly appointed to fill their places by the territorial government of Iowa, in the manner hereby directed; pro vided, that no officer shall hold or continue in office by virtue of this provision, over twelve months from the said third day of July next. Sec. 17. And be it further enacted, That all causes which shall have been or may be re moved from the courts held by the present ter ritory of Wisconsin, in the counties west of the Mississippi river, by appeal or otherwise, into the supreme court for the territory of Wisconsin, and which shall be undetermined therein on the third day of July next, shall be certified by the clerk of the said supreme court, and transferred to the supreme court of said territory of Iowva, there to be proceeded in to final determination, in the same manner that they might have been in the said supreme court of the territory of Wis consin. same is hereby appropriated out of any money i n ht the op i ad t reasury not otherwise appropriated, to be expended by, and u nde r the direction of the governor of said territory of Iowa, i n the pur chase of a library, to be kept at the seat of gov ernment, for the accommodation of the gover nor, legislative assembly, judges, secretary, mar shal, and attorney of said territory, and such other persons as the governor and legislative assembly shall direct. Sec. 19. And be it further enacted, That from and after the day named in this act for the organization of the territory of Iowa, the term of the members of the council and house of representatives of the territory of Wisconsin, shall be deemed to have expired, and an entire ly new organization of the council and house of representatives of the territory of Wisconsin, as constituted by this act, shall take place as fol lows: As soon as practicable, after the passage of this act, the governor of the territory of Wis consin shall apportion the thirteen members of the council, and twenty-six members of the house of representatives among the several counties or districts comprised within said ter ritory, according to their population, as nearly as may be, (Indians excepted.) The first elec tion shall be held at such time as the governor shall appoint and direct, and shall be conducted, and returns thereof made, in all respects, ac cording to the provisions of the laws of said territory, and the governor shall declare the person having the greatest number of votes to be elected, and shall order a new election when there is a tie between two or more persons voted for, to supply le vacancy made by such tie. The persons thus elected shall meet at Madison, the seat of government, on such day as he shall appoint, but thereafter, the apportioning of the representation in the several counties to the council and house of representatives, according to population, the day of their election, and the day for the commencement of the session of the legislative assembly shall be prescribed by law. Sec. 20. And be it further enacted, That temporarily, and until otherwise provided by law of the legislative assembly, the governor of the territory of Iowa may define the judicial districts of said territory, and assign the judges who may be appointed for said territory, to the several districts, and also appoint the time for lolding courits in the several counties in each xiv Sec. 18. And be it further enacted, That the sum of five thousand dollars be, and the TERRITORIAL GOVERNMENT OF IOWA. district, by proclamation to be issued by him; judges, and alter the times of holding the courts, but the legislative assembly, at their first, or or any of them. any subsequent session, may organize, alter, orl APPROVED, JUNE 12, 1838. modify such judicial districts, and assign the IOWA. xV ,t AMENDMENTS TO THE ORGANIC LAW. AN ACT to alter and amend the organic law of the territories of WVisconsin and Iowa. Be it enacted by the senate and house of rep- houses shall be determined by yeas and nays resentatives of the United States of America, in and the names of the persons voting for and congress assembled, That every bill which shall against the bill shall be entered on the journals have passed the council and house of repro- of each house respectively. If any bill shall not sentatives of the territories of Iowa and Wis- be returned by the governor within three days consin shall, before it become a law, be pre- (Sundays excepted,) after it shall have been sented to the governor of the territory; if he presented to him, the same shall be a law in like approve he shall sign it, but if not, he shall re- manner as if he had signed it, unless the asturn it with his objections to that house in sembly by adjournment prevent its return, in which it shall have originated, who shall enter which case it shall not be a law. the objections at large on their journal, and Sec. 2. And be it further enacted, That this proceed to reconsider it. If, after such recon- act shall not be so construed as to deprive consideration, two-thirds of that house shall agree gress of the right to disapprove of any law to pass the bill, it shall be sent, together with passed by the said legislative assembly, or in the objections, to the other house, by which it anyway to impair or alter the power of congress shall likewise be reconsidered; and if approved over laws passed by said assembly. by two-thirds of that house it shall become a APPROVED, MARCH 3d, 1839. law. But, in all such cases, the voters of both AN ACT to authorize the election or appointment of certain officers in the territory of Iowa and for other purposes. Be it enacted by the senate and house of rep- hereby authorized to provide by law for the resentatives of the United States of America in election or appointment of sheriffs, judges of congress assembled, That the legislative assem- probate, justices of the peace, and county surbly of the territory of lowa, shall be, and are veyors, within the said territory, in such way or AMENDMENTS TO ORGANIC LAW. WISCONSIN AND IOWA. ry may elect a delegate to serve from the said twenty-seventh day of October to the fourth day of March thereafter, at such time and place as shall be prescribed by law by the legislative assembly, and thereafter a delegate shall be elected, at such time and place as the legislative assembly may direct, to serve for a congress, as members of the house of representatives are now manner, and at such times and places as to them m ay seem proper; and after a law shall have been passed by the legislative assembly for that purpose, all elections or appointments of the above named officers thereafter to be had or made shall be in pursuance of sach law. Sec. 2. And be it further enacted, That the term of service of the present delegate for said territors of Iowa shall expire on the twentyseventh day of October, eighteen hundred and forty; and the qualified electors of said territo xvii elected. APPROVED, M[ARCH 3d, 1889. ( I ADMISSION OF' IOWA. AN ACT for the admission of the States of Iowa and Florida into the Union. WI.ERPEAS, the people of the territory of Iowa did, on the seventh da y of October, eightee n hundred and forty-four, by a convention of delegates called and assembled for that pur epose, form for themselv es a constitution and State government; and whereas, the people of the territory of Flori da did, in like man n er, by their delegates, on the eleventh day of January, eighteen hundred and thirty-nine, form for themselves a constitution and State government, both of which said constitutions are republican; and said conventions having asked the admission of their respective terri tories into the Union as States, on equal foot ing,wit h the original States: Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That the States of Iowa and Florida be, and the same are hereby declared to be States of the United States of America, and are hereby admitted into the Union on equal footing with the original States, in all respects whatsoever. Sec. 2. And be it further enacted, That the following shall be the boundaries of the said State of Iowa, to wit: Beginning at the mouth of the Des Moines river, at the middle of the Mississippi, thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato, or Blue Et arth river, thence west along the said parallel of latitude to a point where it is intersected by a meridian line, seventeen degrees and thirty minutes west of the meridian of Washington city, thence due south to the northern boundary line of the State of Missouri, thence eastwardly following that boundary to the point at which the same intersects the Des Moines river, thence by the middle of the channel of that river to the place of beginning. Sec. 3. And be it further enacted, That the said State of Iowa shall have concurrent jurisdiction on the liver Mississippi, and every other river bordering on the said State of Iowa, so far as the said rivers shall form a common boundary to said State, and any other State or States now or hereafter to be formed or bounded by the same: Such rivers to be common to both: And t hat th e saitriver Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well as to the inhabitants of said State, as to all oth er citizens of the Unite d States, witho ut any tax, duty, impost, or toll therefor, imposed by the said State of Iowa. Sec. 4. And be it furthe r enact ed, Th a t it is made and declared to be a fundamental con dition of the admission of said State of Iowa into the Union, that so much of this act as re lates to the said State of Iowa shall be assented to by a majority of the qualified electors at their township elections, in the manner and at the time prescribed in the sixth section of the thir* teenth article of the constitution adopted at Iowa ADMISSION OF IOWA. ADMIISSION OF IOWA AND FLORIDA INTO TIIE UNION. City the first day of November, anno Domini eighteen hundred and forty-four, or by the legislature of said State. And so soon as such assent shall be given, the President of the United States shall announce the same by proclamation; and therefrom without further proceedings on the part of congress the admission of the said State of Iowa into the Union, on an equal footing in all respects whatever wi'h the original States, shall be considered as complete. Sec. 5. And be it further enacted, That said State of Florida shall embrace the territories of East and West Florida, which by the treaty of amity, settlement and limits between the United States and Spain, on the twentysecond day of February, eighteen hundred and nineteen, were ceded to the United States. Sec. 6. And be it further enacted, That until the next census and apportionment shall be made, each of said States of Iowa and Florida shall be entitled to o ne representative in the house of representatives of the United States. Sec. 7. And be it further enacted, That said States of Iowa and Florida are admitted into the Union on the express condition that they shall never interfere with the primary disposition of the public lands lying within them, nor levy any tax on the same -hilst remaining the property of the United States: Provided, That the or'dinance of the convention that formed the constitution of Iowa, and which is appended to the said constitution, shall not be deemed or taken to have any effect or validity, or to be recognized as in any manner obligatory upon the government of the United States. APPROVED, MARCII 3, ] 845. AN ACT supplemental to the act for the admission of the States of Iowa and Florida into the Unrion. =Be it enacted by the senate and house of rep- district court the annual compensation of fifteen resentatives of the United States of America in hundred dollars, to commence from the date of congress assembled, That the laws of the United his appointment, to be paid quarterly at the States, which are not locally inapplicable, shall treasury of the United States. have the same force and effect within the State Sec. 4. And be it further enacted, That of Iowa as elsewhere within the United States. there shall be appointed in the said district, a Sec. 2. And be it further enacted, That the person learned in the law, to act as attorney for said State shall be one district, and be called the United States; who shall, in addition to his the district of Iowa; and a district court shall stated fees, be paid annually by the United be held therein, to consist of one judge, who States two hundred dollars, as a full compensashall reside in the said district, and be called a tion for all extra services; the said payment to district judge. He shall hold, at the seat of be made quarterly, atthe treasury of the United government of the said State, two sessions of the States. said district court annually, on the first Monday Sec. 5. And be it further enacted, That a in January, and he shall, in all things, have and marshal shall be appointed for the said district, exercise the same jurisdiction and powers which who shall perform the same duties, be subject to were by law given to the judge of the Kentucky the same regulations and penalties, and be endistrict, under an act entitled "An act to es- titled to the same fees, as are prescribed and altablish the judicial courts of the United States." lowed to marshals in other districts; and shall, He shall appoint a clerk for the said district, moreover, be entitled to the sum of two hundred who shall reside and keep the records of the dollars annually, as a compensation for all extra ,aid court at the place of holding the same; and services. shall receive, for the services performed by him, Sec. 6. And be it further enacted, That in the same fees to which the clerk of the Kentucky lieu of the propositions submitted to the congress district is by law entitled for similar services. of the United States, by an ordinance passed on Sec. 3. And be it further enacted, That the first day of November, eighteen hundred and there shall be allowed to the judge of the said forty-four, by the convention of delegates at xix xx AI)MSSION OF IOWA. ADMISSION OF IOWA AND FLORIDA INTO THE UNION. Iowa City, assembled for the purpose of making a constitution for the State of Iowa, which are hereby rejected, the following propositions be, and the same are hereby offered to the legislature of the State of Iowa, for their acceptance or rejection; which, if accepted under the authority conferred on the said legislature by the convention which framed the constitution of the said State, shall be obligatory upon the United States. FIRST-That section numbered sixteen in every township of the public lands, an,, where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of schools. SECOND-That the seventy-two sections of land set apart and reserved for the use and support of a university, by an act of congress approved on the twentieth day of July, eighteen hundred and forty, entitled "An act granting two townships of land for the use of a university in the territory of Iowa," are hereby granted and conveyed to the State, to be appropriated solely to the use and support of such university, in such manner as the legislature may prescribe. TIIIRD-That five entire sections of land to be selected and located under the direction of the legislature, in legal divisions of not less than one quarter section, from any of the unappropriated lands belonging to the United States within the said State, are hereby granted to the State for the purpose of completing the public buildings of the said State, or for the erection of public buildings at the seat of government of the said State, as the legislature may determine and di mission of s a id said State, a nd the same, when s o se lect ed, to be u sed on such te rms, conditions, and regulations, as the legislature of the State shall direct: Provided, That no sa lt s pring, the right whereofis now ves ted in a ny individual or individuals, or which may he rea fter be confirmed or adjudged to any individual or individuals, shall. by this section, be granted to s aid State: And provided, a lso, That the general assembly shall never l ease or sell the same, at any one time, for a longer period than te n years, without the consent of congress. FIFti-That five per cent. of the n e t proce eds of sales of all public lands lying within the said State, whi ch have been or shall be sold by congress, from and after the admission of said State, after deducting all the expenses incident to the same, shall be appropriated for making public roads and canals within the said State, as th e legislature may direct: Provided, That the five foregoing propos itions herein offered ire on the condition that the legislat ure of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall provide by an ordinance, irrevocable without the consent of the United States, that the said State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they contkiue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively. APPROVED, MARCH 3, 1845. rect. FOURTH-That all salt springs within the State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to the said State for its use; the same to be selected by the legislature thereof, within one year after the ad b s a 8 t 0 fi v a I I ADMISSION OF IOWA. xx ACCEPTING PROPOSITIONS OF CONGRESS. AN ACT AND ORDINANCE accepting the propositions made by Congress on the admission of Iowa into the Union as a State. consent of the United States, that the State of Iowa will nev ner interfere with the primary disposal of the so il within the same by the United State s, nor with any regulations congress may gnd necessary for securing the title in such soil io the bona fide purchasers thereof; and that no tax shall be smposed on lands, the pro perty of the Un ited States; a nd that in no case shall non-resident proprietors be taxed h i gher than residents; and that the bounty lands granted, or hereafter to be granted, for military service during the late war with Great Britain, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or other purposes, for the term of three years from and after the dates of the patents respectively. Sec. 3. It is hereby made the duty of the secretary of state, after the taking effect of this act, to forward one copy of the same to each of our senators and representatives in congress, who are hereby required to procure the consent of congress, to the diversion of the five per cent. fund indicated in the proviso to the first section Section 1. Be it enacted and ordained by the General Assembly of the State of Iowa, That the propcsitions to the State of Iowa on her admission into the Union, made by the act of congress, entitled "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," approved March 3, 1845, and which are contained in the sixth section of that act, are hereby accepted in lieu of the propositions submitted to congress by an ordinance, passed on the first day of November, eighteen hundred and forty-four, by the convention of delegates which assembled at Iowa City on the first Monday of October, eighteen hundred and forty-four, for the purpose of formning a constitution for said State, and which were rejected by congress: Provided, The general assembly shall have the right, in accordance with the provisions of the second section of the tenth article of the constitution of Iowa, to appropriate the five per cent. of the net proceeds of sales of all public lands lying within the State the support of common schools. Sec. 2. And be it further enacted and ordained, as conditions of the grants specified in the propositions first mentioned in the foregoing section, irrevocable and unalterable without the of this act. Sec. 4. This act shall take effect from and after its publication in the weekly newspapers 'printed in Iowa City. . APPROVED, JANUARY 15, 1849. which have been or shall be sold by congress from and after the admission of said State, after deducting all expenses incident to the same, to D)EBATES AND PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF THiE STATE OF IOWA. SATURDAY, February 21st, 1857. few days, that there has been a movement made The Convention met-at 9 o'clock A. M1., and in the Senate of the United States for the pur as called to order by the President. pose of passing a law upon this subject, which Prayscletoer by the Chapla in. will be uniform throughout every State. We Prayer by the Chaplain. The journal of yesterday was read and ap- might go to work here and say that the senators ~~~~~~~proved. ~shall be elected, as we pass a bill, by the sepa rate concurrence of each House. Another State -Election of Uiiited States Senators. might provide a different manner for the elec tion of senators. Now, it appears to me that Mr. PALMER. I offer the following resolu- Congress is the proper body to pass a law of tion: this kind; and as they are about moving in the " Resolved, That the Committee on the Legis- matter, I make the suggestion that it is unneclative Department be instructed to report an ad- essary for us to act upon this subject now. I ditional section to the article on said department think I can see very easily, if the States underproviding for the election of United States Sen- take to legislate upon this subject in their conators by a joint convention of the two houses of stitutions or otherwise, that there will be a the General Assembly." diversity among them in the manner of electing A great deal of difficulty has arisen in many their senators, as each State would have its of the States with regard to the election of Uni- separate method of procedure. It is important, ted States Senators, owing to a defect in the therefore, that these elections should be made provisions of their constitutions upon this sub- uniform all over the United States; and Conject. The constitution of the United States gress, in my opinion, is the proper body to regsimply provides that United States Senators ulate this matter. shall be chosen by the legislatures of the differ- I agree with the gentleman from Davis, [Mr. ncut States; but the constitutions of most of the Palmer], that something should be done. We States contain no provisions as to the manner have all seen difficulties growing out of the of their election. I believe it has been a matter want of any provisions upon this subject in difof doubt with legal gentlemen, whether a joint ferent States. Two years ago, in the State of convention of the two houses of the legislature, Indiana, one branch of the legislature refused to in the absence of an express provision of the go into joint convention for the election of Uniconstitution upon this subject, was the legisla- ted States Senators, and the result was that no tare proper. I think by making an express election took place. This winter, they refused provision here of this kind, we make it the leg- again to go into a joint convention, and the reislature for that purpose. The object of such a sult is, a bogus election has taken place. I provision would be to compel the two branches make these remarks to show that difficulties of the legislature to go into a joint convention have arisen, and that there is a necessity for for the purpose of electing United States Sena- legislation upon this subject. I doubt the protors. I believe, as the case now stands, with- priety, however, of States providing for elecout any provision of this kind, either branch of tions in a separate and different manner fromn the legislature may refuse to go into a joint each other. convention. I would make it their duty to go Mr. HALL. If we had the power to amend into a joint convention for the election of Uni- the Constitution of the United States, we might ted States Senators, so that the difficulty I have do some good. My opinion is, that every step suggested may be obviated. we take here will make the confusion worse. Mir. PARVIN. I have no objection to the The Constitution of the United States says reference of that resolution, but I consider it thatentirely unnecessary, for the reason that I think "The Senate of the United States shall be it may conflict with the Constitution of the Uni- I composed of two Senators from each State, ted States, or the law passed by Congress. I chosen by the legislature thereof, for six years, suppose every member has observed, within a and each senator shall have one vote." 82 646 MISCiLLANiOUS. '9tli Day PARVIN-HIALL-TRAER-JOHIINSTON, &c. retain them. I think it is necessary to have that question determined. If we determine to have a general election after the adoption of the constitution, it will be necessary that we should re-district the State. My object in introducing this resolution is to settle that question definitely, so that the committee on schedule can report an apportionment, if necessary. I do not desire to discuss the question at any great length, and I only make this simple statement for the purpose of showing my object in introducing the resolution. Mr. JOHNSTON. This is a very important resolution, and the subject to which it relates is one to which I have paid very little attention. I am in doubt in regard to some of the officers, and, indeed I have not made up my mind in regard either to the legislature or other State officers. I presume there are many members of the convention in the same position with myself. C should like a little time to consider the subject, and I therefore move to lay the resolution upon the table, for the purpose of considering it hereafter. I do not make this motion for the purpose of defeating it, but for the purpose of considering it. The question was taken, by yeas and nays, upon the motion to lay the resolution upon the table, and it was agreed to; yeas 21, nays 13, as follows: Yeas-The President, Messrs. Ayres, Clarke of Johnson, Gibson, Gillaspy, Hall, Harris, HIollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Winchester and Young. Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Day, Edwards, Ells, Emerson, Gower, Gray, Skiff, Traer, Warren and Wilson. Mr. BUNKER. In order to give the committee an opportunity to complete their reports, I move that the convention adjourn until two o'clock P. Al. on Monday. Mr. HARRIS. I hope that motion will not prevail. Why not meet Monday morning at the usual hour? Mr. MARVIN. Before I vote upon this question I would like to ask, whether there are not some reports ready for the action of the convention? The PRESIDENT. There are some reports of special committees, which are not fully acted upon. Mr. EDWARDS. I move to take from the table the report of the committee on the right of suffrage. The PRtESIDENT. The whole subject was referred to a select committee. Mr. HARRIS. I move to amend the motion to adjourn so that, instead of 2 o'clock P. M. on Monday, we shall meet here at 10 o'clock A. M. The question was taken upon the motion to amend, and it was not agreed to upon a division; ayes 10, noes 14. A motion was made to adjourn until 9 o'clock A. M., on Monday, which was not agreed to. The PRESIDENT. The question now recurs upon adjourning until Monday at 2 o'clock P. M. We cannot constitute any other bodv for this purpose, but the legislature; and it must be the body that makes the laws. The meaning of the ,,legislature" is law-making power. We cannot make a constitutional body differing from what the Constitution of the United States provides. And when gentlemen get up here and undertake to modify and change the Constitution of the United States, they will find it an exceedingly difficult task, and one that is not altogether desirable. We ought to do nothing which would tend to prevent the utmost harmony between the action of the State government and that of the United States government. tou cannot say that anything less than the general law-making power of th e S tat e can appoint a Uin it ed States senator. I do not beli eve that Congress ha s the p ower t o put trammels upon ou r legislature. Gentlemen will find, by the debates that hav e taken place in Co ngress, that this subject has been thoroughly discussed by the ablest men t here, and the best opini on is, that even Congress cannot tie the hands of the legislatures of the States upon this subject. I am opposed to entangling ourselves with any more difficulties tan thoswe in which e a re now placed. True, there are sometimes difficulties and inconveniences in electing these senators, but I think we had better II bear the ills we have than fly to those we know not of." The legislature should pass such laws upon this subject as they please, and it is at their option whether they will obey them or not. Law-makers are generally lawbreakers, but one legislature cannot tie the hands of another. Mr. PARVIN. I can easily perceive the difficulties which would arise upon this subject of the election of United States senators, if we pass any law upon this subject. I can see, however, that Congress could properly pass a law upon this subject, but as a matter of course, they could pass nothing contrary to the constitution. I think they could pass an act which will show the different States the manner in which the present Senate intends they shall elect, and they will undoubtedly pursue that course. I think that Congress can pass such an act, without infringement upon the rights of the State. Mr. HALL. I move to lay the resolution upon the table. The question being taken, the motion to lay on the'table was agreed to. Mr. TRAER. I offer the following resolution: " Resolved, That the committee on schedule be instructed to report an article providing for retaining in office the present legislature and State officers, until the expiration of their terms of office under the present constitution." I desire to say, that my object in introducing t his resolution is to settle the question, whether we will determine to have a general election under the new constitution, of the present State officers, and the legislature, or whether we will MISCELLANEOUS. 129th Day L 646 Saturday] [February falst Jliscellaneous. EDUCATION AND SCHOOL LANDS. WINCHIESTER-SKIFF-CLARKE, of J.-CLARK. question will not be taken up now. I aminthe same situation as the gentleman from Jasper, [MIr. Skiff:.] I supposed, after the vote of the convention yesterday, that this subject was laid over till Monday, and I expected, before that time, to make a thorough examination of these two systems. I am now totally unprepared to vote upon this question, or to express any views in relation to either of the systems proposed by the majority and minority reports. These syste ms are both entirely new to the people of the State, and propose an entire change, not only in the school system of the State, but in the management of the school fund and school lands. I agree with the gentleman from Des Moines; [Mr. Hall,] in what he said, that the subject of education was perhaps the most important subject that could come before this convention. I hope we shall not be driven into an examination of the subject, when it is evident to the minds of the conventio ththat the gentlemen who h ave th ought most upon the subject, who have prepared the se re ports and are therefore the best able to enlighten us upon this subject, are not able, through indisposition, to take an active part in the discussion at this time. For my part, I prefer the minor ity t o the majorit y report, as the mat ter now a ppears to my mind. But this preferencd ie I give from a very hasty examination of the subject, and I am not certain in my own mind, whether I would not prefer something else to it. I desire to make a more extended examination of this subject than I have yet been able to do, and I presume other members would like to have the same opportunity. I move, therefore, that the committee rise, report progress, and ask leave to sit again. The question was taken, and the motion was agreed to, upon a division, ayes 16, noes 8. MIr. WINCHESTER. I would inquire if a motion was not made a nd carried t o defer t he considerationa of th e report of the commit tee on edu cation and sch ool lands? The PRESIDENT. No, sir; th e r eport was put over by general consent. jler. VI-NCHESTER. As there will be several reports mad e Monday morning, I think it would b e adv isabl e to take up the report of the committee on education and school lands now. If nlecessary, I would move a reconsideration of the vote deferrin g the consideration of this subject. The PRESIDENT. It is not necessary for the gentleman to make any such motion to accomplish his object. He can move that the convention resolve itself into committee of the whole upon this subject. MNr. WIN CHESTER. I make that motion, then. The question was taken, and the motion was agreed to. The Convention accordingly proceeded, in committee of the whole, to consider the report of the committee on education and school lands, [Mr. Parvin in the chair.] The CItAIRIIAN. The question pending before the committee when they last rose was upon the motion of the gentleman from Jefferson, [MAr. Wilson,] to substitute the minority for the majority report, and upon that question the gentleman from Scott, [Mr. Ells,] was entitled to the floor. lr. ELLS not claiming the floor, Air. SKIFF said It seems that members of the convention have not examined this question much, having expected to hear from the gentleman from Des Mloines, [Mr. Hall,] an explanation of the majority report, and having also expected to hear from the gentleman from Scott, [Mr. Ells,] an explanation of the minority report. For my own part, I am not prepared to vote upon this question now. If we consider this matter now in committee of the whole, it will have to undergo a full consideration when it comes before the convention. I do not consider that there is anything to be gained by considering this subject in committee of the whole now, and I would prefer to have the matter laid over for the present. Mlr. CLARKIE, of Johnson. I hope that this The PRESIDENT having resumed the chair, The CHAIRMAN reported that the committee of l ee be t the whole, to which had been referred the report s of the co mmittee on education and school lands, had instructe d him to report that they had had the same under, consideration, had made some progress therein, and asked leave to sit again. Mr. CLARK, of Alamakee. I object to the committee having leave to sit again, and upon that question I call the yeas and nays. The question was then taken, by yeas and nays, and it was decided that the committee have leave to sit again, yeas 23, nays 10, as follows: Yeas-Messrs. Bunker, Clarke of Johnson, Ells, Emerson, Gibson. Gillaspy, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Peters, Price, Robinson, Scott, Skiff, Solomon, Warren, Wilson and Young. Nays-The President, Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Edwards, Patterson, ~eely, Traer and Winchester. Mr. CLARKE, of Johnson. As there seems to be no business before the convention, I move that we adjourn until half-past nine o'clock on 29th Day] 647 [February Ist lllonday] The question was taken, by eas and iiays, upon this rnotion, and it was not agreed to; ye.,.s 11, nays 23, as follows: Ye,,ts-'.\Iessrs. Bunker, Clarke of Henry, Clarl,-e of Johnson. Edwards, Ells, Hall, Hollingsworth, larvin, Solomon, Wilson,tnd Young. Navs-The President, Ilessrs. Ayres, Clark of Alaniake,e, Day, Emerson, Gibson, Gillaspy, Gower, Gray, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Ski.'f, Traer, Warren and Winchtster, Edu,cition a??d School Lands. In Co7nmittee of the Whole. In Convention. REPORTS OF COIMMITTEES. WINCHESTER-YOUNG-BUNKER-WILSON. Worth, and those west of it. on the Minnesota line, may be organized without additional territory. Sec. 3. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly. Sec. 4. Every person elected or appointed to any office shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office. Sec. 5. In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term, and no longer, unless re-elected; and all persons appointed to fill vacancies in office, shall hold until the next general election only. Sec. 6. The State University shall consist of a single institution, and be permanently located at Iowa City. Thle present State Capital, with such improvements and additions as may be provided for by law, shall be occupied by the State University, when not used by the State for other purposes. Sec. 7. The General Assembly shall not locate any of the public lands, which have been, or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. On motion of Mr. SKIFF, One hundred copies were ordered to be printed for the use of the convention. Incorporations. Monday next. I make the motion because there are several committees that want to meet and complete their reports. The question was taken, and the motion was agreed to, upon a division, ayes 16, noes 6. The convention accordingly adjourned till Monday morning at half-past nine o'clock. The convention met at half-past 9 o'clock, A. M., and was called to order by the President. Prayer by the Chaplain. The journal of Saturday was read and approved. Petitions-Intoxicatingy Drinks. Mr. WiINCHESTER. I ask leave to present the petition of J. mI. Roger s, and 162 others, citizens of Fayette county, requesting th at the re be incorpora te d into the constitution substantially the following p r ovisio n, in article three, s e ction five: "The legislature shall have power to pass laws regulating, restricting or prohibiting the manufacture or the traffic in intoxicating liquors, and to that end may confiscate all liquors manufactured or sold in violation of its acts." I move that this pettition be referred to the committe e on m iscell aneous business, and I hope they will give it th e conside ration which the importance of the subject demands. I am happy to have the opportunity of presenting from so large a number of my own constituents, a memorial so sound upon this great moral question. However impracticable it may be to carry out that principle at the present time by legal enactments, I hope the time is not far distant when it will be deemed not only practicable but expedient. The motion to refer was agreed to. Reports of Committees. Mr. WILSON from the select committee to whom was referred the report of the standing committee upon incorporations, with the amendments made thereto, submitted a majority report upon that subject. The first section remains unchanged. In the second section, first line. th e words "corporations may sue and be sued," are stricken out, aud in line two, after the word "persons," all the remainder of that line and the next are stricken out. The third section remains as reported by the committee originally. The fourth section remains as it passed the convention, striking out all after the word " indire ctly," in line fourth. Sections five to fifteenth inclusive are stricken out; also sections eighteen, nineteen and twenty; some changes being made in sections sixteen and seventeen. So that the report now reads as foliows: Section 1. The jurisdiction of Justices of the Peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) where the amount in controversy does not exceed fifty dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars. Sec. 2. No new county shall be hereafter created containing less than four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that amount; IP,'o,i,le(l, however, that the county off 648 [30th -Day Monday] [February 23d MO.,NDAY, February 23d, 1857. Mr. YOUNG asked to be excused from serving upon the committee on the schedule, and that some other member be appointed in his place. Mr. Young was excused, and Mr. Skiff was appointed to fill the vacancy. .,Alr. BUNKER from the committee on miscellaneous business, submitted the following report: ARTICLE -. ARTICLE 8. Section 1. No corporation shall be created by special laws; but the General Assemblv shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided. See. 2. The property of all corporations for pecuniary profit, now existing, or hereafter created shall be subject to taxation, tliesarne as that of individual,,. REPORTS OF COMMITTEES. CLARKE, of J.-CLARKE, of II.-JOIINSTON —IIALL. Sec. 3. The State shall not become a stock- "A separate ballot may be given by every perholder in any corporation, nor shall it assume son having a right to vote at said election, to be or pay the debt or liability of any corporation, deposited in a separate box, and those given for unless incurred in time of war for the benefit of the udoption of the said proposition, shall have the State. the words, "Shall the word'white' be stricken Sec. 4. No political or municipal corporation out of the constitution wherever it occurs? shall become a stockholder in any banking cor- Yes." And those against the proposition shall poration, directly or indirectly. have the words, " Shall the word'white' be Sec. 5. No act of the General Assembly, au- stricken out of the constitution wherever it octhorizing corporations or associations with curs? No." And if, at said election, the rnabanking powers, nor shall amendments thereto jority of all the ballots cast for and against the take effect, nor in any manner be in force, until said proposition, shall have the words, " Shall the same shall have been submitted separately, the word' white' be stricken out of the constito the people, at a general or special election, tution wherever it occurs? Yes," then the word as provided by law, to be held not less than'white' shall be stricken out, and shall not be three months after the passage of the act, and any-part of said constitution." shall have been approved by a majority of all Mr. JOHNSTON. Does the gentleman mean the electors voting for and against it at such to hae the word white" stricken out wher election. ~~~~~~to have the word 11white" stricken out whierelc6.Sbecttotepovion. othfoeever it occurs in the constitution, or wherever Sec. 6. Subject to the provisions of the fore- it occurs in the article on suffrage? going section, the General Assembly may pro- Mr. CLAKE, of Henry. The gentleman will vide for the establishment of a State Bank with observe that it only occurs in the constitution branches, in addition to banks provided for by as a qualification. general law. ~~~~~~~as a qualification. general law. Sec. 7. Subject to the provisions of this ar- Mr. JOHNSTON. It occurs in the qualificaticle, the General Assembly shall have power to tion of electors, and also of members of the Genamend or repeal all laws for the organization or eral Assembly, and in relation to the militia. erection of corporations, or granting of special Mr. CLARKE, of Henry. The resolution proor exclusive privileges or immunities, by a vote poses to strike it out everywhere, and to make of two-thirds of each branch of the General As- our constitution, like the constitutions of some sembly; and no exclusive privileges, except as other states, without the word occurring at all, in this article provided, shall ever be granted. and making no distinction. RPespectfully submitted, Mr. HALL, from the same committee, submit J. F. WILSON, Chairman. ted the following minority report: The undersigned do not concur in the above "The minority of the committee to whom was report so far as relates to banking corporations referred the article' Rightof Suffrage,' beg leave or associations, believing that some restrictions to report: should be imposed on the Legislature with re- "The only question brought forward for the spect to the organization of said corporations or consideration of the committee, changing the as sociations. article referred to, was the propriety of striking J. F. WILSON. out the word' white.' DAVID BUNKEP. "The majority of the committee have not Mr. CLARKE, of Johnson. I move that the deemed that amendment proper or expedient, usual number of copies be ordered to be printed. but have adopted a special course of bringing It is the most important subject before us, and I the question before the people by a separate proshould like to see it in print before we act upon position and vote. it. "To this mode of treating the subject there The motion was agreed to. can be no great objection. It resolves itself Sight of Sulraye. into a mere question of propriety or expe.yiht of Stifrage.diny diency. Mr. CLARKE, of Henry, from the special corn "That there are a small number of citizens of mittee to whom was referred article second of this state who are in favor of this amendment, the constitution in relation to the right of suf- we are free to admit. But the undersigned will fraige, submitted the following report: be slow to believe that any considerable or con' The special committee, to whom was refer- trolling number of our fellow-citizens do, or will red article second of the constitution, report the for one moment, sanction the proposition. samle back without amendment, and would re- "The proposition to invite the negro and In commend the adoption of the following resolu- dian to our state by a constitutional guarantee tion: of equality with the white people, we feel con "Resolved, That at the same election that this fident cannot be sanctioned. The majority of constitution is submitted to the people for its the committee feel the force of this truth, and adoption or rejection, a proposition to amend hence they do not insist upon the amendment as the same by striking out the word "white," a fixed feature in the constitution. With the wherever it occurs in the said constitution, shall fullest conviction that the voice of the people is be separately submitted to the electors of this against the measure, the majority recommend State for their adoption or rejection, in the man- that it shall be the subject of popular agitation. hier following, viz%: "If the wish of a majority of the people of 649 30th Day [February 23d Monday] RET OlR'TS OF COM'AIITTEES. [30th Day [February Z3d tion entered into by man, the very constitution of which changes or modifies to a greater or less extent his natural rights. Some are sur rendered, others modified. The compensation for these sacrifices is found in the greater secu rity in those rights retained, and a cheapening of the expense of protecting them. It is a means sought by man to make more available, secure, and certain, his inalienable rights of life, liberty, * and the pursuit of happiness. Thus the citizen acquires a species of property in his govern ment, which he has a right to enjoy without molestation, and without disturbance. In form ing or maintaining a government, it is the priv ilege and duty of those who have or are about to associate together for that purpose, to modify and limit the rights, or wholly exclude from the association, any and every species of persons who would endanger, lessen, or in the least impair the enjoyment of these rights. We have seen that the application of this principle limits the rights of our sons, modifies the privileges of our wives and daughters, and would not be unjust if it excluded the negro altogether. It is the party to this compact that should complain, not the stranger. Even hospitality does not sanction complaint under such circumstances. True, these persons may be unfortunate, but the government is not unjust. If your committee are correct in their views, the question presented for consideration is plainly this: Would the admission of the negro, as a citizen, tend in the least to lessen, endanger or impair the enjoyment of our govermental institutions? In other words, would the accession of a negro population produce any of these consequences? If it would, we should be unwise to admit them; if it would not, then it would be -wanton and wrong to exclude them. The whole subject should be properly treated as a question of policy or contract, where self-in terest is just as properly consulted as in the promotion of a commercial treaty or a private contract. It is the whit e population who are about to form a gover nment for themselves. No negro is represented in this convention, and no one proposes to beconve a member of the compact. It is the white people of this territory who petition for the admission of the negro. They necessarily believe that the introduction of such a population as citizens would not interfere with the enjoyments of the white citizens, or they place this admission on the ground that the negro has the arbitrary claim, based as a natural right. The proposition would stand thus: 1st. That the negroes are a desirable, or, at least, a harmless population; 2d. That the negro has a natural right to be admitted as an equal citizen. The former proposition begs; the latter demands. Can the negro be admitted to those privileges and not impair the rigfhts of the whites? Your committee think not. The government, then, would be unjust to admit them. The nlegro not being a party to the government, has no right to partake of its privileges. this state upon this subject wa s a qu estion of doubt, if public sentimen t was hesitating and undecided, ther iv o e wou ld be a reasonable cause f,nr le avi,n the question unsettled by this con vention, and returning the power to settle it bcielo to t he p eople, the source of all power. c"T he un dersigned d o not believe that this i s te ese. The y, there fore, conclude that no good c an r esult from a separate submission of that question. Its oflm effect will be to keep up agitation, t o fu rnish material an d food or a mor bid and forbidedit sentiment, tha t is fraught withi evil to the Indian, negro, and Anrlo-Ame rican races. "Suffrage is a delegation of politi cal power. In our g over nment it is more than a mtere badge of equality of rights. It is a uguarantee of social, political and personal equality. "T he v iews of the un dersigned are so fully expressed in a report made by a select committe e to th e first constitutional con vention, of this state, that they adopt that report, and re-assert the principles therein stated, as follows: "' That all men ae re reat ed equal and are endowed by the i r Creator with equal unalienable rights, your committee are free to admit; that, so far as nature i concerned, those rights are as sacred to the black man as the white man, and should be so regarded. This, however, is a mere abstract proposition, and although strictly true, when applied to man in a state of nature, yet it becomes very much modified when man is considered in an artificial state in which government places him. Thus, the infant is not entitled to liberty or the pursuit of happiness, until he arrived at the ace of twenty-one years. Females, by the arbitrary rules of society, are excluded and debarred from many things which males consider rights an d high privileges —such as the elective franchise, holding office, &c. Now, in these cases, the female and infant are denied what we abstractedly term unalienable, righs, and they submit without complaint or murmur. Nio one thinks of svmpathising with them in their deprivations. The philanthropist has never had occasion to commiserate their fate, still it is in those respects the same as the citizei of color. The negro is surely no better than our wives and children, and should not excite sympathy when they desire the political rights they are deprived of. "' The great error in the minds of our citizens who reason in favor of niegro suffrag,e and citizenship, arises from their mingling the natural and artificial rights of man, and treating the artificial institutions of government as sacred, and as undeniable to man as the abstract rights of nature; a proposition which is untrue in point of fact, and in opposition to the experience of the whole world. Governments are strictly conventional, and although based upon the laws of nature, they are necessarily limited and circumscribed in their operation. It is made for those who are to be benefitted by it, and is not bound to unbar its doors and receive every vagrant who may take refugfe in it. "'Government is ana institution or an associa 650 ll.loiiday] IIALL. 4F REPORTS OF COMMITTEES. CLARKE, of J.-JOIINSTON-TRAER-CLARKE, of II. Mr. CLARKE, of Johnson, when his name was called, said: I desire to say, in explanation of my vote, that I shall vote against printing, because I do not want to give the subject so much importance in this convention. However your committee may commisserate with the degraded condition of the negroes, and feel for his fate, yet they can never consent to open the doors of our beautiful State, and invite him to settle our lands. The policy of other States would drive the whole black population of the Union upon us. The ballot-box would fall into their hands, and a train of evils would follow, that, in the opinion of your committee, would be incalculable. The rights of persons would be less secure, and private property materially impaired. The injustice to the white population would be beyond computation. There are strong reasons to induce the belief that the two races could not exist in the same government upon an equality without discord and violence, that might eventuate in insurrection, bloodshed and final extermination of one of the two races. No one can doubt that a degraded prostitution of moral feeling would ensue; a tendency to amalgamate the two races would be superinduced; a degraded and reckless population would follow; idleness, crime and misery would come in their train, and government itself fall into anarchy or despotism. (Signed) J. C. HALL. D. W. PRICE. Mr. CLARKE, of Johnson. I move that the report of the minority of the committee be laid upon the table. I make that motion with a view to bring the majority report before us for consideration, when I shall move to postpone indefinitely the consideration of the resolution reported by the majority of the committee. The question being taken, the motion was agreed to. The resolution reported by the majority of the committee was read. Mr. JOHNSTON. The usual course with regard to these reports is to have them printed. I will move that one hundred copies of each of these reports be ordered to be printed for the use of the convention. Several members voting in the negative upon putting the question Mr. JOHNSTON demanded the yeas and nays, which were ordered. Mr. TRAER. I would like to ask, forinformation, whether the remarks accompanying the report of the minority of the committee are to be printed, or only the report itself? I understood a portion of that to be merely an argument. The PRESIDENT. The motion is to print the report, and that formed a portion of the report. The question being taken upon ordering the report to be printed, it was agreed to; yeas 20, nays 8, as follows: Yeas-Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Gibson, Gillaspy, Gray, Hall, Hollingsworth, Johnston, Palmer, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Warren, Wilson and Young. e Nlays —The President, Mtessrs. Bunker, Clarkie of Johnson, Edwards, Gower, Skiff, Traer and Winchester. Mr. CLARKE, of Henry,from the committee to which was referred the Bill of rights, submitted the following report: "The committee to whom was referred th e bill of rights, beg lea ve to report the same back without a mendment, except section o n e, in which they would recommend that the wor d "ind ependent" be stricken out, and the word "equal" substituted. In regard to section four, the committee beg leave to submit sep a rat e reports. The rea son s of Mr. Wilson for deeming an amendment unnecessary are submitted herew it h as follows: One object of the convention in referring section four, of the bill of rights, to a select committee, was to have the committee pass upon the expediency of so amending said section as to embody in it a clause securing to the people the right to introduce the testimony of negroes, mulattoes and Indians into the courts of this State. The committee have been unable to harmonise their views in relation to said section, and have concluded to place before the convention, in the form of reports, the different views of the members ofthe committee. The undersigned, therefore, beg leave to submit the followingas his views of the subject referred to the committee. After a careful examination of the subject, the undersignedcan come to no other conclusion than that the object sought to be attained by the amendment proposed in the convention, is secured by the first section ofthe bill of rights. The section referred to declares as follows: "All men are by nature free and equal, and have certain unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness." The right of "defending life and liberty," and of "protecting property," set forth in this section as natural rights, are not taken away when men associate themselves into governmental organizations. The rights remain unimpairedthe method of protecting them only being changed. In a state of nature man must depend upon his physical powers to protect his rightsunder constitutional government he depends upon the laws as administered by the courts of justice. The right of protecting life, liberty and property, being guaranteed by the constitution to every man, it follows as a consequence, that every one is entitled to exercise all these rights necessary to the full enjoyment of the right thus'guaranteed. This point being determined, it follows that the citizen thus having the right I 30th Day] 651 ,31onday] [February 23d Bill of Bi,qht8. Mlonday] CLARKE, of H.-GILLASPY. [February 23d courts, until it was repealed at the last session of our legislature I What warrrant have we, therefore, that the next, or some subsequent legislature, may not re-enact the same laws; or go further, and embrace other classes sects, and parties of men? It is, in fact, publicly proclaimed by one of the great parties that, if reinstated in power, tLey will re-enact them; and gentlemen in this convention have expressed their willingness to go further, and compel every member of certain classes to leave the State. With nearly the same declaration of rights in their constitutions as set forth in our famous first section, other States have also passed laws depriving whole classes and sects of individuals of rights to which all other citizens were entitled, and especially of this right of giving, and of having given, testimony in courts of justice. With all these stubborn facts in view, can it be possible that any one who -ishes to secure to every individual the rights set forth in the fir st section, can have any objection to the amendment pr opose d t o th e fo urth section? Nay, who can de ny the absolute necessity of incorporating such a provision in our constitution to prevent party madness, fanatical bigotry, narrow-minded jealousy, and low-minded prejudice from again outraging the most obvious principles of human rights and ordinary justice, and the comm on decencies of manhood, by their " c lass legislation," and partizan enactments? In ~rder to deprive the unfair and the ungenerous of all grounds for the charge that such amendment is sought for the especial benefit of any one class, I would recommend its adoption in the following form: "No religious test shall be required as a qualification for any office of public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity in consequence of his opinions on the subject of religion. " And any person, being a suitor in any court, shall have the right oftaking and using the testimony of any other person, not being a co-party, nor his own wife, nor the wife of a co-party, and not being under legal disability on account of conviction for crime." Section ten a majority of the committee report back, as it came to them without any additional amendment. IR. L. B. CLAR.IC, Chairman. Mr. CLARKE, of Henry. The opinions of Mr. Harris, who is a member of the committee, have not been handed in. Mr. GILLASPY. Mr. Harris, a member of this special committee upon the bill of rights, is confined to his room by indisposition, and has requested me to present the report which he hats drawn up, as the minority of the committee, to the convention. The minority report was read as follows: a"The undersigned, as one of the special committee to whom was referred the bill of rights, guaranteed to him of protecting his life, liberty and property, by application to the courts -of justice, he also has the right to introduce testimony; for with out this right, th e protection held out to him by t he constitution, would be no bett e r than heartless mockery-it would be but to i nvite him into the temple of Justice, while the door s are bolted and barred against him. Testimony is as essentia l to the protection of life, liberty and property, in courts of jus tice, as a ir is to the enjoyment of ani mal life; and every interference with the right is an act of usurpation not warranted by the constitution. Th e present constitution of Iowa co ntains no clause conflict ing wi th the full enjoyment of this right. The amended constitution, which this body will submit t o the people, will make no change in the present const itutio n in thi s respect. It follows, therefore, that the Gen eral Assembly hav e no power under the pres ent constitution, nor will they have under the amended constitution, to infringe upon this right as recognized and guaranteed by th e first section of the bill of riehts. In this view of the case, it matters not w h at th e colo r of the witness may be, if his testimony bel necessary for t he pr otection of the life, liberty, or property of a party to a judicial proc e eding the party in terested has the right to in troduc e him, and any law which sbeeks to deprive the p arty of this right, infringes upon the cons titutio nal rinihts of the people, and is, therefore, void. The und ersigned, be lieving that the foregoing views of the constitution a re c orrect, can see no necessity for re-declaring the provisions of the firs t secti on of the bill of rights in any other section, and would, there fore, recommend the adoption of the fourth section without amendmen t. JAMES F. WI LSON. I fally concur wit h his reasoning, so far as the sanae goes to show that such amendment as is proposed ought not to be necessary. But, unf ortunately, legislatures and courts, and those clothed with a little brief authority; are not always governed by correct principles. If such were the case, we mipht d ispen se w ith the wh ol e bill of rights. In fact the same process of reasoning w ould strike out nearly every section afte r the fir st. In r egard to the "necessity" of the proposed amendment, " stubborn facts" would seem to establish it beyond controversy. As the laws now stand, all classes, sects, and parties, stand alike, individuals of all kinds being liable to disabilities only on account of their own bad character, misfortunes, or offences. I do not, therefore, recommend this amendment on account of, or for the benefit of, any one, two, or more classes; but for all, to forever protect ALL. The Legislature of our own state has once blackened our statute book with a most infamous law, depriving one whole class and race of men from being witnesses in courts of law, against the spirit and letter of this same first sectaon, and that, too, under our old Constitution. That law remained in itull force, a disgrace and reproach to our state, yet sustcained an call our 652 REPORTS OF CO.MMITTEES. [30th Day BILL OF RIGHTS. with instructions to consider sections one, four of the State, being such as are not found in the and ten, and correct if necessary the phraseolo- constitution of any other State in the Union, gy of section eighteen, as amended, begs leave should, before being finally engrafted in our Oc.'. to make the following report, viz constitution, be carefully considered. And The aendent pending to section one can- while it is right and proper to cultivate those The amendmentpendingtosectionone,ca' humane promptings of the heart, that yearn -o not in striking out "independent" anid inserting humane promptings of the heart, th at yearn,o "equal." secure to any one particularly rights alleviate in any condition, the sutirin of a fel they would not equally enjoy, if section one be low-man, care should be taken that we discrim permitted to remain as now fixed in the present inate in the protection we would afford betweeit constitution.,the protection of liberty, secured by free written The svereignty of thepeople being withus constitutions, created and supported by those The'~sovereignty of the people being with us woaet egvre yte,adlbrya w f ollcow tat with fou i who are to be governed by them, and liberty as .a well conceded a t with our defined by the anarchical and unbridled mob. theory, (which none here deny) there can be no We have sworn to support the constitution of power greater than the sovereign power of the'e h e Stt une e oul ov 11 i ~~the United States, and unless we would prove~ people, and if superior to all other power, be- the ats, and Ie Irecreant to the oathis we have taken, and te:,-ehi ing the source of all power, they must as to treason to it s precepts, we must secure, by the g~0enmen be ndepndets Were reemn \treason to its precepts, we must secure, by thee government be independent. Where freemen provisions of our constitution, on the part of our form social and political compacts, they are each rovisions of our constitution, on the art of e~al to the otherin~ n an icourts and citizens, a due observance of the to the other in natural and political faith pledged to the citizens and laws of other rights, and independent of all other political, .nd social relations, and the peculiar p States, we imposed by becoming a party to the Mond social relations, and the peculiar phraseol- t' t U a s t gy of our bill of rights that "All men are by iompict of the Union, and assurg the respon b.. ~~~~~sibility of a faithful discha%rge of the duties ira-" n a t u r e free and indep endent" when definitions n given, of, th. posed by that compact. Unless thus prepared, are given of the substrator that underlies all t w s X X - t our institutions of government, occurring more i l eem proper to cancel the bond frequently than any other form of expression and claim an exemptieson in futurthe frompac th. duthe constitutions of the several States, it is no more than fair to presume the multitude of It will be observed by referrence to the secstatesmen and scholars who have adopted that ond paragraph of section two, article four, of the w ord as the most expressive of the true relation constitution of the United States, that any one of men civilized and associated under a form of committing a crime in any other State, cannot, government whose fountain source is themselves, if arrested in Iowa, demand a speedy and iiniiave not used the word independent so freely partial trial by jury in Iowa, but must, on dewithout some proper understanding of its true mand, be delivered up to the authorities of thle meaning and correct use. I can see no reason State where the offense was committed, to be for striking it out. tried by the courts of such State. The reason In the discussion that took place here on the is obvious. There is no offense against the lawis amendment offered to section four, it was con- of this State. The offender must answer to the ceded that the main object of the amendment law violated. There is no offense against the was o pacemulatoe aI negroes, and per was to place mulattee and negroes and per- |law of any other State. The crime being local, haps Indians too, equal to any and all other the right to jury trial must be equally local and clmss of persons as to the right of giving testi- confined. The third paragraph of said sectioit monv in courts of justice, a right all admit can provides that "no person held to service or Iaonlyv be denied them by affirmative prohibitory bor," &c., "shall be discharged, but be delivered legislation, under the present constitution. No up on demand of any one to whom such serespecial provisions being inserted to operate vice or labor is due." If any person can point for the immediate benefit of any other praticii- to the reason why one of these provisions is lar class of persons in the State, with the record more binding than the other, they will make a of the convention pointing to the fact that cer-distinction the undersigned has never been able tain things were done in order to more certainly to observe. secure the rights of such persons of color, in In the first instance, while the man is presuin.matters of testimony-could in the opinion of ed to be innocent, he is, on demand, without the undersigned but be construed as pointing to proof, handed over to the iron clasps and stern such persons as those, to protect the rights of demands of a supposed sanguinary criminial whom, the constitution soon to be submitted to code of a foreign State, to undergo an inilaisithe electors of the State was especially framed, torial investigation that is to consign him, perand of course according to them a higher stan- haps to a death of infitmy, and his family to a dard for integrity and intelligence than is al- life of shame. And yet there is no proof. Whi lowed to those less deeply colored, a distinction submit to see those manacles placed so rudely it is hoped this convention is not prepared to on his palsied trembling limbs e or no ofher make. reason than that a State we account to be sore In the amendment made to section ten, the reign and independent has made the deniand, words, "and in cases involving the liberty of an and our faith with her requires that we shall not individual," &c., as contradistinguished from come between her offended majesty and those criminal law, and disconnected from a'ny pro- offending, but must trust the accused to hei'justeedlugs in the enfbrcemeut of the criminal law tice and amenity. Do these reasons appvy with c 5 LI il)Oth D-,ty.j Moit-iday] 11kRRIS. L'Febr-tiLary'Z3ti 65 BILO IlT.[0hDy JOHNSTONGILLASPY-WINCIlE8TER-CLARKE, of J., &C. [February 23d Mr. WINCHESTER. I will move to amend, by adding, " provided that the printer has material enough on hand without sending to the foundry for more stock." Mr. GILLASPY. We have a printer at Davenport, and if this cannot be printed here we can send it there. Mr. CLARKE, of Johnson. Without intending any disrespect to any of these gentlemen, I shall vote upon this proposition as upon the other against the printing. The gentleman from Wapello [Mr. Gillaspy] has announced repeatedly that the Rtepublican party are responsible for what is done here, and the papers of the party to which that gentleman belongs will trumpet it through the country, that the Republican party are spending their time in the discussion of this nigger question. The attempt is now being made to misrepresent upon that ground, the position of at least a majority of the Republicans upon this floor. And if we print this report, gentlemen will go home and shake these reports in their hands end say, see how the Republican party are spending their time and the money of the people in printing their reports on niggerism. 1 am not willing to give them that opportunity. Hence I voted against printing the report this morning, and I shall vote a,ainst printing these. Mr. GILLASPY. I think that the gentleman from Johnson [MIr. Clarke] will be found to have been the first man upon this floor to say that the Republican party would be re sponsibl e for the action of this convention. I understand that since that time he has repudiated the Republican party. I do not know now that he is the champion of the Republican party. So far al I am concerned, I have no particular desire to see these papers printed, although I shall vote for it. My agency has expired, so far as presenting this report is concerned, and as there seems to be a disposition to object to the printing, I move a call of the convention, that Mr. Harris may be brought in to answer for himself. The motion for a call of the convention was agreed to. Upon calling the roll, the following were the absentees: Messrs. Cotton, Day, Ells, Harris, Marvin, Parvin and Todhunter. On motion of Mr. PATTERSON, Mr. Day was excused. On motion of Mr. GOWER, Mr. Parvia was excused. On motion of Mr. WILSON, Messrs. Ells and Todhunter were excused. On motion of Mr. GRAY, Mr. Marvin was excused. Mr. CLARKE, of Johnson, moved that M~r. Harris be excused [Laughter]. Mr. GILLASPIr. I know that Mr. H~arris desires to come. Mlr. TRAEt~ I will inquire if he is any bet equal force to those escaping from labor, &c.? WAhy not? That which is the legal due of the citizen of one State, by the statutes thereof, may otherwise be cancelled by the laws of another; and it would seem clear that the courts of a State cannot enforce rights created by the laws of another State, which are in violation of its own laws. But the y may h and the parties over to have their rights determined by the courts of the State where the rights are created and obligations incurred. The und ersigned can, (whe ther so intended or niot) only look on th e amendment as it stands as a fall and complete nullification of any laws Congress might pass in aid of those provisions of the constitution of the United States before referred to, and a solemn protest again~st compl,ying with the demands that may be made for persons who may have escaped from other States in e ither case. The undersigned would for these reasons recommend that se ctions one, four and ten, of the bill of rights in the present constitution be adop ted without any amendment or change; and th at section eighteen as amended be adopted. All of wh ich is respectfully submitted. (Signed) A. HARRIS." Mr. JOHNSTON and )Jr. GILLASPY moved t hat one hundred copies of the reports be printed f or t he us e of the con vention. The PRESIDENT. The Chair will say t hat t he repo rt emb rac ing that a rticle was referrep to a select committee, with instructions to confine t hei r a ttention t o sections one, four, ten and eig hteen. The m ajor ity of the committee report back the article, agreeing upo n three of these sections. That is the report. That report wa s accompanie d by the Chairman's remarks which he aread here. Differing with these remarks, another gentlem an presents his views. D oes the g entleman from Wapello [tIr. Gillaspy] de s ire t o have these lattoer remarks printed, or both? Mr. GILLASPY. I su pposed that these papers were intended as reports, an d not merely arguments or speech es. The PRESIDENT. They are arguments. Mr. GILLASPY. Well, sir, if there is a dispositio n n ot to hav e them printed, 1 shall move a call of the convention, in orde r that Tir. Harris can be brought in here to answ er for himself. I suppos e i t would be prop er to print t he wh ole. I understand that a report p resented this morning, as much of an argument and as much like a speech as these, upon the right of suffrage, has bee n ordered to be printed by th e action of the convention this m orning. Mr. Harris was too u nwell to feel disposed t o remain here; but I know he desires to have this paper printed, and I presume that the other members of the committee wish this report printed. If there is a disposition not to print, 1 shall move a call of' the convention, in order that NMr, Harris mayv be brought in here to an swer for himself.; t s s i 8 e e 654 BILL OF RIGHTS. [30th Day. Monday) Otli Day.] SILL OF RIGHTS. 55 GILLASP~-TPALER-HARRIS-BUNKER-WILSON, &C. out of any disrespect to the members of the committee or their arguments. riMr. WILSON. I have submitted my views in this report in relation to the fourth section of the bill of rights; but as I do not think the Convention will be a great deal the wiser by having the views of the different members of this committee printed and laid before them, I shall vote against the printing. And in order to get rid of all this printing, I shall vote to reconsider the vote given by the Convention a short time since, ordering the printing of the report of the select committee on the right of suffrage. I do not think my views, as expressed in this report, will enlighten the Convention a great deal, and I shall vote against their being printed, being satisfied that they will go into the regular report of the proceedings and debates of this Convention. Mr. YOTTNG. I voted to print the report of the select committee on the right of suffrage, but I did so with the intention to vote for a reconsideration at the proper time. I considered the report as merely an argument, and did not believe that it would be of any benefit whatever to us to have it printed; and I shall move a reconsideration of that vote when the proper time alrrives. And I shall vote against the printing of the different arguments submitted by the different gentleng upon the select committee on the bill of rights. And if the motio n to print, now before us, does not prevail, then I shall move a recon sideration of the vot e o rdering the printing of the former reports. Mr. CLARKE, of Henry. I voted for theo printing of the reports th a t were pre s ented this morning from the select committee on the right of suffrage. And one reason why I d id so was, that I supposed I saw a disposition manifested here, upon the par t of some, to make politic al capital out of this question. And I was anxious that all gentlemen here, who desired to make, upon the floor of this convention, any political capital out oi this or any other questi on, should have ever y chance to do so. I wanted to give them the opportunity to dc so; I would le t them alone; I would let the m ta ke all they wanted, without any restriction at all, If you do tha t, you will soon find that they will give up that game. It is only when you e are afraid, when you betray any feeling of timidity as to what the people somewhere will say about th i s terrible negro, who has got into the wood pile here, that you encourage men to endeavor to make political capital of this matter. Now there is no political capital to be made out of this subject. And men, who get up here, and try to make political capital of this thing, would do well to examine into this matter, an( see hovw to use the capital bye and bye they may succeed in making here. No one need be afraid of anything that conmes before him, it he acts with a good conscience, and with a determination to do that which is right. If he will do that he may rest assured of the future; ter than he wa s a few minutes ago. I understood him to be confined to his room. Or. GILLASPY. No sir. He would desire to be here. The Sergeant-at-Arms was sent for Air. Harris, all the others having been excused. MIr. TRAEPR moved that further proceedings under the call be dispensed with. The PRESIDE.NT ruled the motion not to be in order, a sufficient time not having elapsed to answer the object of the call. MIr. HARRIS appeared and took his seat. The question was stated to be upon the motion of Mr. GILLASPY, to print one hundred copies of the reports of the special committee on the bill of rights. Mlr. HARRIS. I am very sorry to have put the Convention to any trouble in this matter. I understand that there is some misapprehension in regard to this matter. I did not understand, until this mornling, what was to be the character of the report upon the other sid(le, whether one or two reports. But I learned this morning that there was to be but one report, though the majority did not concur in all respects. I found, upon consultation, that I disa reed with the imaji)rity of the committee in regard to sections one, four and ten-that is, I did not disagree with the gentleman from Jefferson, [Mr. Wilson,] in regard to the proper report to be made upon section four, bat I disagreed with him as to the reasons why such a report should be made. I was very unwell this morning, and am so yet, and do not feel able to b e in at t endance upon th e sittngs of this body; o therwise, I would not have put the Convention to the trouble of sending for me. As to t h e printing of these rep orts, I have no objections to its being done. MIr. BU.NKER. I voted this morning against printing the report of the special committee on the right of suffrage, for the r eason that this Convention has employed a reporter, and made other provision for the regular publication of the proceeding,s of this body. And hence the publishing of the report of a committee is of no practical utility, other than it may be laid before members here, so that they may know how to act upon it. Whenever a committee makes a report that it is necessary members should have before them, in order that they may know how to act upon it, such a report I think should be printed. But these reports, this morning, are mere arguments as to why the various members of the committee came to certain conclusions. And as gentlemen will have all their arguments reported and published in the debates of this body, I do not see the necessity of their being published separately. For that reason I voted aigaiinst the printing of the other report, and Fhall vote against the printing of this one, not i')Oth Day.] BILL OF RIGHTS. 655 Moz,xday] [February 23d On motion of Ilr. BU,,-'KER, Further proceedings under the call were dispensed with. BILL OF RIGHITS. JOIINSTON-EDWARDS. [February 23d i i ill only not look back but ahead, when is a new era to be inaugurated. There is aii at recori is completed, it will be all right. tempt made upon the part of some gentlemen to Ii retard to this motion to j)rint this report, introduce into the political arena another race T om perfectly willing it should be done. I will of men, a race to which, thank God, I do not T')te for it if the motion comes from the other belong. Now I will state here, once for all, that o of the house. If they can use this report my position is in favor of the white race, and of i y was, I want them to have the full benefit their keeping the exclusive control of this govof if I am so conscious that the more this ernment-I want it understood-the exclusive ter ii talked about, nod noised around, the control of this government. And I will vote sore will the truth prevail, that I am perfectly against every proposition that looks to the inv )l))og the other side should have as many troduction of any other race into the political icf)ies of these reports printed and circulated as action of this country. they y see fit to order. If they will only dr- Mr. EDWARDS. I do nut see any necessity cuite them, that is all I ask. of printing these reports, for the reason that the I ws rather surprised with the report of the standing committee upon the right of sofirage, minority of the select committee on the right of of which I had the bonor to be the chairnian, ut4rne I certainly understand the gentlemen was the first standing committee that made a Hall and Price,] who signed that re- report to this convention. That committee Oi L, as agreeing with the oiaoflty that this unanimously agree I to recommend the article on matter should be submitted to the people. By the right of suffrage in the present constitution t4ereoce to the resolution, reported from the without amendment. Their report was not committee now on file here, it will be found that printed, and was the only report of a standing ere — O —-Z m-d in Sit, Vand vT* Vtha waGs don to comite of this conveto tha was ladpo he might consent to have it brought in here. I,a ow~iig that, I was rather surprised when this Subsequently the gentleman from Henry, [Mr. mini nority report was brought in here. C larke,] submitted the motion to have that re port, as also the report of the committee on the If the convention refuses to print the report bill ofrights, referred to select committees. Let now before us, I will vote to reconsider the vote us look at our present position. We have passed ordering the printing of the other report, that a resolution to adjourn si,ie die on or before the il may fare alike. fourth of next month. Now those very gentle zirr. JOHN'STO'N. I cannot understand why men who are trying to have these reports printth'ere is anv hesitation in regard to prinrtin ed have made more buncombe speeches, trying these reports. We have never refused to print to throw upon others the responsibility of enti-c reports of committees when they have here- deavoring to prolong the sessions of this con -oe been presented to this convention. Is vention, than any others here. Now right upon ..ic~ro anlything in th isparticular subjectbefore eve of a final adjournment of this convention, the convention, to make members anyway timid when every man is anxious to get through and to go before people? There is nothing unusual go orne, gentlemen get here and ask to hae in the character of these reports. Here is the ee reports prnted report of the committee on education which was What do these reports consist of? The gen tinted without a single word of opposition, and tleman from Henry, [MIr. Clarke,] has merely t'!m minority report has rone into tn argument submitted a resolution, a propositionin the form -e,;nst the majority report. Loolk at the re- of a resolution, for the people to vote upon when A;ts made by committees in both houses of con- they vote upon this constitution. In opposition es. hey contain argumients tfor the purpose to that is a longargumentative speech fiom the ~amendment. A resolution was reported by the lized person. That is not the character of the question to the people negr. Th neroesare f amoresociblecommittee, to submit the question to the people negro. The negroes are of a more sociable upon striking out the word " white" wherever it nature and are a more social class of persons. occurs in the constitution. My mendent is to rna a * a * * *s * * r * occurs in the constitution. M\y amendment is to They desire this privilege. Petitions from ley desire ths privlege. Petitions from restrict the question to striking it out where it colored citizens from Muscatine have been pro- restricts the riht of suffra My aendment sented to this body, asking that they may have stt the sio sffr t tene n * y s not to the section itself, but to the resolution the right to vote. But the Indians have not, s of the committee far as I know, intimated any desire for this privilege. Mr. CLARKE, of Johlnson. That is what I wanted to understand, whether we we were act As this resolution is now before the commit- ing upon the resolution, or upon the article ir tee. if it should prevail, it will permit Indians the constitution. And I rise, now, Mr. Chairto vote. I shall vote for the resolution, but man, in order to get rid of this question without when in order I will move an amendment re- wasting time upon it; and I ask the Chair if it strictiitg it entirely to the right of suffrage. would be in order to moveto postponeindefiniteWhien we come to the other departments where ly the resolution with the amendments. the word "white" now stands, if gentlemen want The CAIRA (r. illaspy.) Te Chair iThe CHAIRM.NAN. (5J-r. Gillaspy.) The Chair it stricken out, very well. I have drawn up a i is not versed in parliamentary law, but is inresolution which I will offer if this resolution ined to th opinion that it would not in should not preva~~~~eillned to the opinion that it would not be in should not prevail. order. i order. Mr. GOWER. I would move to amend section, MIr. CLARKE, of Johnson. My object is to four of the article on the right of suffrage, which save time from being wasted upon this resolinow reads: tion to the exclusion of the article itself. I will "No person in the nmilitary, naval, or marine move to lay the resolution upon the table. service of the United States, shall be considered Mr. TRAER. The committee of the whole has a resident of this State by beilng statiored in any no table. ,joth Day.] 665 Suffrage Re-stricted to W, hite-8. SUFFRAGE RESTRICTED TO WHITES. Monday] CLARKE, of J.-CLARKE, of I.-SKIFF. Mir. CLARKE, of Johnson. Then I will move' of the house to direct me, and inform me in what that the committee rise and recommend to the way I shall approach my positions, then it will convention the indefinite postponement of the be time enough for them to act the part of taskresolution. Perhaps that will meet the object. masters and leaders. Mr. CLARKE, of Henry. I have no doubt, To return, sir, in this matter I am governed sir, that the motives of the mover of indefinite by principle. I am governed by those same postponement are very good and very purs. We principles which gentlemen upon this floor, who are very sure to hear often enough from hbi own do not act with me, profess to be governed by lips that his motives are always pure. We are all the while. I say that I have not the particassured often enough that he is governed by a de- ular interest of any one class in view in the desire to do that which is right and just, and that claration of these principles. On the contrary, he believes in our acting here upon -moral I have the interests of the whole people of the principle.",tate, and of the country at large, in view, in Mr. CLARKE, of Johnson. I rise to a ques- the application of those principles. Why, sir, tion of order. I am not before the committee the battle has been going on for a great many for discussion. It is my motion which is before years, and is to go on for a great many years to the committee. come, between the people and those who wvish The CHIAIRM.AN. Shall the gentleman pro- to usurp a power over the people; between the ceed? people upon the one hand struggling for their Several Melmbers. " Leave," "leave.' rights and liberties, and those upon the other Svaebs,' hand who have either contrived to obtain con MIr. CL.ARKE, of Henry. I have no doubt cessions from the people, or who have wantonly that the gentleman really and honestly supposes usurped the power of ruling over them. These that by making this motion for us to rise and elements are now at work, all over the world. report this back for indefinite Dostponement, we We find the conflict in China; we find it in every shall save time. This, sir, is a new phase, pre- State in Europe; we find it all through South sen-ted by the gentleman. He has been one of America; we find it in Mexico; and we find it, those heretofore, who have occupied the position lamentable as it is, here in our own very midst. upon this floor that we should give time for de- And I this day stand battling for the people. liberation to every subject that comes before us. But we will let that pass. And upon this mo- Now, sir, I think there is but one true ground tion of the gentleman I will make a few remarks to take in this matter, and that is, that all powin regard to the nature of the resolution whichl er is in the people-that they only delegate a is before the convention, and try to induce the certain portion of it to their representatives for convention in committee of the whole to take governmental purposes. I hold, sir, that true such action upon it as they intend to take in its Democracy and true Republicanism are emfinal disposition. braced in that immortal declaration of our fath I have remarked heretofore that my position ers, which we incorporate into our constitution, has been misconstrued, and that my true rea- "all men are created free and equal." Let us sons which have been uttered and reiterated start to-day with thatidea. I will stick to it in here, have been misrepresented; while positions all its applications, to its fullest extent. I claim have been manufactured for me, and I hai e been to stand here upon these principles, without placed upon the fictitious pedestal without my condescending to their individual application, own consent. I have declared over and over or to their ultimate effect upon anv one individagain that I did not come here as the champion ual, or any one class. That is the position I of any particular sect, class, or race of men. I claim to occupy and I think that gentlemen have declared that I am not the mouth-piece of should deal with me here with some degree of havedecare tha I m nt te moth-iec o,justice and generosity, and let me stand up~on any party, nor the exponent of the creed of any jie and generosity and lt me stand upon party: that I stand here the representative of the principles which I avow, and not be forever party: ~~~~~thatkin stand hvere terprepsenttive of every my district, independent, fearless andfree. tacking upon every proposition and every amendment I offer an insinuation or direct SI'r. SKIFF. I call the gentleman to order. {charge that 1 do it for the purpose of lugging in I do not understand that he is speaking upon |the rights of one particular class-the negroes I this question at all. this questio Gentlemen have not heard me stand up here The CIIAIRMAN. (Mir. Gillaspy.) Shallthe to defend the rights of that class. They have gentleman have leave to proceed? not seen me come forward and take my stand Several Members. "Leave," leave." as the champion of that one class. They hlave Mr. SKIFF. I object, unless he speaks to the herd no argument coming fro e to show question before the convention. them why the negro in particular should be al lowed these privileges. That has not been the The CH-AIRMIAN. The gentleman has leave The CHIRAN. The gentleman has leave course of my argument. That has not been my to proceed, in order. position. I have taken higher ground. I have Mr. CLARKE, of Henry. I believe that [ have stood up here and battled for principle. I have a right, especially is this the csse in committee done it honestly. I have done it candidly and of the whole, to approach my position in the way in good faith. Other gentlemen have applied that seems fit to me; and when I put myself in- those principles, and have said that they affect to the hands of gentlemen upon the other side the interests of this class, that this class would 666 [30th -Day. (February 23d SUFFRAGE RESTRICTED TO WIIITES. CLARKE, of It. [February 23d be benefited by our adopting them. Shall we afraid to adopt a Constitution without this disdeiny ourselves air because negroes will be tinction, from the sixth section of the Bill of benefited by the breathing of it? Rights of the State of Virginia. Now, sir, look at the resolution I offered, and " 6. That all elections ought to befree, and that what is it? Have I offered a resolution that all men having sufficient evidence of pernmanent cornnegroes shall have the right of suffrage? Not at m7eon interest with, and attachment to, the commnuniall. I do not ask any special legislation for ty, have the right of suffrage, and cannot be taxed them. I do not want them regarded in legisla- or deprived of their property for public uses, tion as a distinct class. I do not ask for any without their own consent, or that of their repspecial provision in our Constitution in their resentatives so elected, nor bound by any law behalf, nor in behalf of Indians, any more than to which they have not, in like manner, assentin behalf of Irishmen, or Germans, or Hunga- ed, for the public good." rihms, or Frenchmen. I merely say here, let ri,,,ns, or Frenchmen. I merely say here, let 1"15. That no free government, or the blesus trust ourselves to the principles upon which sin of liberty, can be preserved to any people, our free government is based. Sir, it is unsafe fir aeree to a eri but by a firm adherence to justice, moderation, for' us to trust to any principle s hort of those, and by a fre temperance, frugality, and virtue, and by a freer to curtail those principles, or to make exceptilos to tihem; but we must trust to them in their quent recurrence to fundaental priciple. len,rthl and in their breadth, in their height and Now, Mr. Chairman, having defined my own in their depth, no matter how bread they are. position in regard to this matter, having de position in regard to this matter, having deJIet all God's creation stand upon them, and still dared that I stand here, not as the champion of m for future creation. I ask for the any race, but battling for a principle, and that I pr;ociple, and that is all that I ask. and there- am not obnoxious to the charge of the gentletore I would allow the people to make their con- man from Johnson, [Mr. Clarke,] of an attempt titution a declaration of the rights of universal to lug a "nigger question" into this body, sluonnit, so that every one who may settle in I will come to the examination of the real questlis St'ate should come beneath the -egis of that tion, which is before this convention. It is, sir, l onstitution, and be politically free and equal. merely a proposition that the people ofthis State, _o one has heard me claim anything for the at the same time that they vote upon the connegro especially. No one has heard me eulo- stitution, shall have the privilege of voting (gee him, and say that he is equal to the white whether the word "white" shall be stricken Itlon. No one has heard me undertake to prove from that constitution, so that it shall be purely by i history or by argument that he is capable declaratory of universal rights and privileges. ,t self-government, and all that sort of thing|. The minority of the committee, which reported I do not for an instant acknowledge that those this resolution, have thrown ina report wherein qluestions properly come in here. What we have they submit the wonderful'danger, and woful to) dis)ose of is merely a question of principle. disasters resulting to the State, provided the 1s it ig,ht, or is not right? If it is right let us people, in their madness, should vote to strike iot be afraid of its adoption. If it is not right lout that magic word from the constitution! I I would ask gentlemen, for God's sake, to show look upon thearguments used by the gentleman i)y argument that it is wrong. in that report, as only answerable by ridicule. Il this connection, I will say that I can but They are certainly unworthy of anything that adlmire the bold and manly spirit of the framers would approach to a deliberate and serious arof the Constitution of Virginia, when they came gument in refutation. They speak of the colforward in their Bill of Rights, and proclaimed ored races coming in here and acquiring a suto the world the settled principle upon which premacy in our government! Of their taktilir government was based. And when, from ing possession of the ballt box, and voting tie nature of their circumstances witr that in- down the white population! And they dwell stitution of slavery in their midst, which had with shivering horror upon the other evils that come down to them from their fathers without are to follow,the assassinations, rapes, and midtheir own action, it became necessary to make night murders, and the dreadful amalgamation itii exception in their Constitution, they go on of races, until in some distant future, how disitinl( make that exception, without going through taut they have not said, the whole State of Iowa the hypocrisy of having it connected with their shall be Africanised, and the glorious Saxon Bi'll of rights! Take the Bill of Rights of Vir- race will have become extinct!! ginia and read it, and you will find that they I do not know what proportion the colored declared broad principles, without stopping to population now bears to the white population, stammer and blush over distinctions and excep- but I believe that in the free States there are not tlioIs. It is only when having their slaves in more than one to a thousand! The gentlemen their midst they were compelled to come down have not told us where these colored voters are to this distinction, or abolish the peculiar insti- to come from Have they in their imagination tution, that they do it; and then they do it conjured up any corner of this country whence boldly in the face and eyes of the Bill of Rights. this dreadful influx of Africans is to be poured Thus proclaiming to the world that it is only upon us? There are a certain number now ini the necessity, the absolute necessity, of their the free States. Would the passage of this procondition, which forces them to make this ex- vision, and the striking out of tlhe word "white" ception. Let me read to gentlemen who are so from the constitution, make that number itt!v '00th Day.j 6 6, 'lloit-iday] S UFFRAGE RIESTRICTED TO WHITES. [February 23d groggery, and deposits his ballot in the same box with them; if the man who comes reeking from the stews of the brothel, all leprous with pollution, and stands beside them, cheek-byjowl, on the day of election, hurrahing for the same candidate, and working in the same ranks -I would ask the gentlemen if they consider those men as their "equals?" Because we allow to every white man the elective franchise, can the gentlemen say to us that we are making them all equals? Is it not then unfair, is it not contemptible, for gentlemen to get up here and charge that we want to make "negroes the equals of white men." It is not in the argilment; it is foreign to it. If God has made them equal, they are equal; but human constitutions and human laws can never make men equal. Politically equal we all are. But morally equal, socially equal, intellectually equal? No, sir; no man ever attempted, or ever would attempt, by legislation, or by any section of any constitution, to say that they are equal I I am, therefore, not called upon at all to answer any argument that may be brought up here to show, even if they can show, that negroes are not our equals. Sir, I almost feel a loathing, in my whole nature, at such kind of talk, and such kind of bickering, for it cannot aspire to the dignity of argument. Sir, I am in favor of good democratic principles. I am so mnuch of a democrat, that I am willing to trust them, carried out to their fill extent. Ever since the organization of this gov - ernment there have been men who have been distrustful of the workings of true democracy. They have attempted to throw over the people checks and restraints of various kinds. They have attempted to restrain the liberty of speech and the liberty of the press. They have been self-appointed Cvsars. They have passed their alien and sedition laws, and have ever been jealous of the intelligence and correct action of the people. As for me, sir, every year of my life hut renders the conviction more and more strong, that the less you restrain the people the better; that the'"greatest liberty of the greatest number" is the true principle to act upon in this government. I have that confidence in the intelligence and correct action of the people, that I believe that in all these things wherein they can act with fidelity and expedition, they should be trusted to act. It is only when they can thereby act with greater facility and more correctness, that their powers should be exercised and carried out by representatives. The principles that I have advocated this day, will hereafter triumph in this State. Gentlemen may mock at me; they may scoff at me; they may write me all over with epithets; but I tell you, sir, as there is a God in Heaven, the prinIciples I this day advocate, shall yet triumph in Iowa. I tell you that the day is coming when the people of this State shall not be afraid to carry out to the letter, the true intent and spirit of everzy iota of the true democratic creed. The people alre able to take care of themselves. Their geater, or even induce t o o the pouring of the whole colore d po pulation upon our borders? Do the gentlemen re ally believe that i t w ould have that effect. And even if it should, do they honestly believe thatthh t te train of evils they pre. dict w o uld follow? Do the gentlemen seriously come before such a body as this, and tell us that they really havefears that the whole body of negroes in the north will be precipitated upon our State by the mere striking out of the word "white" in our constitution? Why, sir, go to Massachusetts; search its constitution; do you find the word tnere? Do you find it in New Hampshire? Do you find it in Vermont? Do you find it in Rhode Island? Do you find it in :New York? It cannot be possible then that this reason is urged here in seriousness! No: sir, it is merely thrown in as a sort of makeweight, to help them out in their silly drivelings of prejudice, through which they hope to array the public feeling against the majority of the m.embers upon this floor. It is intended not for calm reasoning upon the question at issue, but for political effect; for effect upon the masses of the people, who they foolishly imagine may be caught by such ridiculously palpable clap-traps, and brought to sustain them in'that modern democracy, which will soon deny all right, that is not enforced by might, and all wrong that is the offspring of power. Why, sir, if gentlemen are in earnest in regard to this; if thev a,re afraid, as they say, to " encourage negroes to come here," by having the constitution based upon correct principles; whv dont they go a little further? Why not advocate action which slhall not encourage, but actually discourage them? They would effect much more, if they would even incorporate into the constitution an article requiring all men to wear their hair and beards unshaven. This, sir, would be doing something noble, in comparison to their present course. It would atleast have the credit of being courageous; it might in fact be considered as bearding the lion in his den! It would be saying to colored barbers, hands off, we cannot countenance your coming into the State. Again, sir, the question is asked, "would you put the blacks here upon an equality with the whites?" "I am opposed," gentlemen say, "to making them equal with the whites." I think such gentlemen must certainly be very jealous in regard to their position in the community. They must be very sensitive in regard to the tenure of their rights and privileges; in regard to their standing, morally, intellectually, socially, if they suppose that by the mere removal of a political restriction, colored men are to be put upon a complete equality with them! Are the gentlemen in earnest in this argument? Do they really intend to have it understood that they have plainly presented their opinions in the minority report, as regards the effect of the adoption of such a provision upon their standing iii this community? I woiildl ask the gentlemen if the man who comes staggecring from th pe I 668 [30th Day. Monday] CLARKE, of I-I. SUFFRAGE RESTRICTED TO WlIHTES. need no self-constituted guardians to tell them before. It has been done in Michigan; it has who shall vote, nor when, nor how, nor for been done in New York. It has been done iyn whom. These are mere hallucinations that several other States of the Union. It is there gentlemen indulge in, when they suppose that by fore no new and startling proposition, no innlova trusting the people to act upon the democratic tion upon "democratic usages," that these gen principle of "universal suffrage," the principle tlemen should startback from it with such marks laid down in the sixth section of the Virginia of holy horror. The thing has actually been bill of rights, they will be induced to run into done in those States, and the Anglo-Saxon race anarchy, and that all order and good government yet survives! will perish. That has been the cry from the Gentlemen ask "what good it will do?" I? )o commencement of the government, and always, we expect to carry a mnajority in the State? from those who, conceited in their own wisdom, Mr. Chairman, I do not expect a majority will think themselves superior to the great body of vote for it; sir, I wish that the State was in sucii the people; and wish, therefore, to prescribe for a condition that we could vote for the resolution them the rules under which they shall act. I with anl expectation of success. Yes, sir, I wish MIr. Chairman, you and I, both of us, know that we could now vote for a consitution that that we may trust this matter with the people. would be perfectly clear of all exceptions. I We know it, not only because we know that the wish most sincerely that the time had como principle is true and correct, but we know it from when the people of this State should have suchl the past. WAe know it from the experience of perfect confidence in the principles that underother States who have tried it, and who have yet lie their government, and in their own strength1 undergone none of the direful changes and suf- and ability to take care of themselves, under all fered none of the evils that have been so feel- circumstances, and with whatever polatio ingly portrayed by the lachrymose gentleman might come to them, that th'ey would be willing froni Des Mloines, [,Ilr. Hall,] who seems on this fro Des oines, Mr. Hall,] who seems on this to vote for such a constitution as I should nowt subject to be suffering a political hypocondria. like to see-the constitution of Iowa, a constiLet me ask You, sir, does not the fact that Con- tution of principles without exceptions; a connecticut, the only New England State having Istitution for the whole people without any disthis word "white" in her constitution, will be tinction of men. But I do not believe the timre tihasiyetocomen. utI do not believe therar eve,o found to have a greater population of negroes has yet come. I do not believe there are even within her borders, I believe, than any other many more in the party with which I am actings, State in New England-d)es not that fact show than in the other party, that will trust themthat the fear which the gentlemen pretend to in- Iselves fearlessly to these principles, and to such dulge that the striking out of this word will aconstitution. Thatpainful and mortifyingfact bring them into our State in large numbers, is is proclaimed and urged here by democrats and groundless? If such were the case, I ask you if republicans alike. Yet it does not deter nio tll the negroes in Pennsylvania, in Ohio, in Ili- from pressing this resoltio. iois, in Indiana, and in all these other States No, sir: it was for that very reason thatI first wNlhich have this restriction, would not have emi- offered it. I have said if the power were given :,-rated long since to the New England States, me to strike out the word "white" from the Contnd have filled up New Hampshire, Massachu-,stitution, without submitting the question to the etts, Vermont and Rhode Island? people, I would not do it! By so doing, I be But, sir, the question is not whether w e shall lieve most sincerely, that I should risk, lay trike this word out of the constitution. It is sacrifice, the whole of our labors, and put the :trike this word out of the constitution. It is ,erely whether the people shall be permitted to people to a ieedless expense: for I believe that ote upon the question of striking it out. The a majority of the people would'vote against the ,eople of the district which I represent will many Constitution. While I believe this, I still be,f them never vote for a constitution that makes lieve that if the people were correctly educated uch a distinction, unless at the same time they in this matter; if they would throw aside this an vote to wipe it out; and sir, I myself am of childish timidity, this worse than foolish prejuhat number. I know there are many such in dice, that leads them to imagine innumeal ther parts of the State. Gentlemen may call evils that migh fall upon the; they would go hem fanatics. They may call them by any for just such a constitution as, under which, I, ther name which to them seems suitable and'too, would rejoice to live-a constitution free good taste. But sir, the vote of one of these from all invidious personal distinctions, and 'en, thank God, will weigh just as much, and based upon universal suffrage. ofjust as much importance, as the vote of the I trust, Mr. Chairman, that gentlemen here entleman who thus arraigns them; and their I are willing to act in this matter for the people, ghts are as much to be considered by us in the and not to carry out their own whims. I trust aming of this constitution. If we can, con- that they will not forget, in their action, that stently with duty and principle, we should there is a large class of people who would like to ake a constitution which they can endorse and vote upon this as a separate proposition. I trust ~te for. By thus submitting to them a sepa- that gentlemen will be candid and honorable te proposition upon this question, we allow enough in this matter, to separate from this quesem indirectly to vote for a constitution that is t ion those extraneous questions that have been ~ited to their consciences. This has been done! lividing the political parties of the country, and 8,5 30th Day.] 6b p CLARKE, of H. LFebruary 1-13(i Itionday] SUFFRAGE RESTRICTED TO WHITES. [FebruLary 23d far as the gentlemen in the opposition are concerned, with one or two exceptions, they have treated me with much more courtesy, and liberality, than some gentlemen who profess to occupy the same position in politics with myself! I here acknowledge this courtesy, and I say to them, they will find wherever 1 have the opportunity, that I will deal with them in the same spirit of liberality. I was astonished at some remarks that were made this morning bv a gentleman, who characterized the discussions that have taken place in this body, upon these questions, as "lugging in the'nigger' question to consume the time of the con vention I" I was asto nishe d to hear gentlemen get up and ask leave to have chnrtain proceed ings suppressed, for fear th e y m ight cause the peopl.e to believe that we had been consuming the time of this convention in the discussion of an abstract question, which they called the " nigger question!" If those expressions had come from the lips of some gentlemen from the other side, who have been vainly trying to heap odium at d con tempt upon us for the positions we have taken here upon these questions, I should not have been so much surprised. But the gentleman who made use of that expression, made one of the longest speeches that has been delivered here during the session in defence of one of those very amendments that were offered here by me, and under which this "nigger" question, as he termed it, came up for consideration. This is not a negro discussion. Those gen tlemen who have -t een opposed to these princi ples, have attempted to make it so. They have used the expression "1 nigger," and attempted to make the question, and those connected with it, odious to the people, by the association. From the beginning, I have occupied the same po sition. I took this position in regard to the ad mission of the testimony of all classes and sects of men. I denied that I had in view any par ticular class. I meant to declare a principle that should restrain any future legislature from not only interfering with my right, but the right of others, to take the testimony of any class of men. I made the principle just as broad and general as I could; and the gentleman from Des M~aines [Mr. Hall,] even made the objection that the amendment I offered was so broad, that it included everybody! 1 meant to include every body; I did not, therefore, admit that I meant |negroes or Indians. I was willing to leave it to the twelve men, who should sit in a jury box, to pass upon the credibility of any witness that might come before them, no matter who he was. I wished to take forever from the legislature the power of saying, that any particular class of men should not oe allowed to give testimony, or that I should not be allowed to have the tes timnony of any man mnerely because he belonged to a particular class of individuals. lMy position in regard to the question now before us, has been the same. I came here to present no fac tious propositions for the purpose of creating agitation, excitement and Discussion. I askS co me right up to th se single question that is presenllted by this resolution, wit h o ut distinction of parrty. There is no reason why gentlemen should come in here and indulge in the course of remar k in which they have indulged upon a former occ asion in this body. There is weo reason for thei r coming in and accusing me or any other piember of having the neqtro alone in view in thi s matter. Cannot they go beyond that? Ctarnnaot thep conceive of men so thoroughly imbued with iove of the pr incip les upo n which the very g overnment of their country is based, that t hey are cont rolled by those principles. and are unwilling any where to admit that they are governed in their actions by their feelings alone? Need I say to gentlemen that I myself acknowledge to the w eakn ess- though I trust not criminal weakness-of all those antipat hi e s and prejud ice s that seem t o be incident to our people and o ur r ace? I ack nowledge, with something akin to shame, so far as I am concerned, to a great repugnance against that injured and degraded race-the African. But, sir, perhaps it a rises from education, and is induced bt that very degradation; in spite of stll these, and in spite of that feeling which leads me to cry out at time s, would to m a ae ou d G od I had the power to tr a nsport every one of Africa n descent back to the continent from which th e race originated;" while I f e el in my he art a sorrow that, they do exist in our midst, and w hile I cannot look forwar d to the future at times without as great anxiety, fear and troubled forebodings as any gentleman o f th e opposite side in regard to the possible conflicts that may arise between the two races- yet, sir, in spite of all these things, I throw asid e my own f eelings and prej udices, and say, let us unite together and do right, what ever the consequences-" let justice prevail though the he ave n s f all"! No w, when gentle men come to me and are so unkind and ungen erous as to say that I am do ing this fo r " the lov e of the negro,y' I t ell them that what I do here in this matter I do fr om a conscientious love of the p rinciples in which I hav e been nurture d, and under which I have lived all the days of my life. If I am very ear nest in this matter it is because of my exceeding earnestness of nature, and my warm attachment to theseprinciples. I say, again, I ca re not who are benefitted by the adoption of this provision; and I care not how many, if it be all God's creation, so much the better. I go for principles that will reachli ,ll, and those are the only principles that are worth anything. When you come short of these, you are taking a step away from Democ racy towards aristocracy, towards monarchy. Yea, you are retiring by gradual steps from the Democracy of America to the despotism of Rlus sia, and this interpolation of the word "white" into ours constitution, is one step in the depar ture. All I ask, therefore, is that the convention will submit this proposition of striking out the word a"white" from the constitution, as a sepa rate question for the people to vote upon. Allow me to say, before I conclude, that so i 670 [30th Day. ikionday] CLARKE, of 11. SUFFRAGE RESTRICTED TO WHITES. [IFebrualry 23d gentlemen, if I ever asked this body, knowing ty dollars, he should be allowed to vote. That howv it was constituted, to strike out the word is all the restriction they have in New York. I " white" from this or that article. True I op- have lived in one of its cities where there was a posed the proposition, when it was offered by one large number of this class who voted under the e'entleman here, to strike it out of the article on property qualification. They had a church orinilitia. and I gave, as my reasons for it, that we ganization by themselves; met together in other were calling upon the colored men to perform organizations, and had their discussions upon ditties, where we refused to protect them in political and other subjects, and went tothe baltheir rights. lot boxes and deposited their ballots; and when I now come before this body in the hope that counted out they looked and counted just thev will allow this question to go to the people the same as those of white folks, and I prwitliout a discussion upon the merits of striking sume the gentleman from Des Moines could not out thle word'"white," or without following it even have smelled difference. For the last ot to its result<, to see ho will be affected by five or six tears before I left New York, their it. votes were deposited sometimes for the third party candidate, but most generally for the old It is most amusing when w,e look back andI It most amusing when we look back and 1Whig party. Lest some here should be anxious obse*rve the workings of some of the State con- in regard to their manner of voting, I would say stltutians that have been adopted in this narrow that they would go quietlyto the polls and hand spirit of distrust and prejudice. Some of them their ballots to a white man who would deposit have been so jealous of tliegroes, and negro blood, them in the same ballot box with white men's wherever they could find it circulating with ballots I never heard that this vote had, in Saxon mixture in any human being, that they any manner, worked disastrous results in that have provided in their constitutions, that no ne- State and I never saw an article in a paper degro or mulatto should be allowed to vote. monstrating that the vote of the colored race ANhVile at the same time you will find it-and Ihad effected any great political change or revothis is the case in the constitutions of M-ichigan lution in the State! Strange as it ay seem, lution in the S~tate! Strange as it may seem, and M isconsin-that Indians, and persons of1 New York has continued to prosper, notwithIndian descent, andl Indian blood, shall be al- stani this votegivenbycolored persons and lowed to vote, if only residents of the States I believe, as yet, she evinces no visible signs of How does it operate? After their constitutions decay! The people of that State have found went into operation, they found a lairge class of ad demonstrated that they are fully able to take persons who had negro blood, butnone of Indian care of themselves under this provision, and desl ent, and could, therefore, go to the ballot Itheir government still moves on, notwithstanding box and deposit their ballots. While a person they have refused to exclude the colored race they have refused to exclude the colored race who had nine-tenths Saxon blood in his veins, entirely from the privileges of the ballot box! and only one-tenh negro, was not allowed to IAnd the gentleman from Des Moines once voted vote at all' with'"niggers' in New York; and he, too, sur 1 h,ave lived, myself, sir, under almost such a vives to bless us with his experience, his wisdom constitution as 1 would have this; and so has and his pilanithropy. the gentleman from Des MIoines, [Mr. Hall.] I have some recollection of the time when the -Sir, I am opposed to this spirit, so very often struggle upon this question was going on inthat I manifest ed by legislators-this ealousy of the '7ipii'e State, and I was intimately acquainted eople-this being afraid of "the mob," to use with the gentleman who made the first move in a term that has been often used in this conecthe Assembly, to get rid of the last fragmentary tion: " The mob! the mob! the many-headed end of slav ery that was left in that common- monster!" has been the cry for centuries in the wealth For a great many years he was covere old worl It was the cry tat was raised in Ild world. It was the cry ftiat was raised in all oer with as ma ny epitahets as gentleman can old federal tim-nes, and it is the cry which some poss:.b,lv bestow upon'-the gentleima,n fromu fenpaos ls bestow upon " the glentlemaln from Hen- Igetlemen, who profess to be simon pure Demo le was looked upon as the great ca- crats, now raise in our midst. I tell you, that ry."' I-le was look-ed upon as the great chaumpion of the negro. But, finally, the pr oposle, if left to themselves, can take care -whichi he presented to the Assembly was carried v.-ithhe resnte totheAs~lbl7 Bs crrid fof themselves. I believe that all the evils which throubh, and slavery was done away with forev gentlemen have dep)icted here as likely to flow et in that State. Some gentlem-en, who, at the from the adoption of the provision here recomtime, perhaps, owned some of these slaves, were mended, are merely imaginary and that if you afraid that when they were set free they would can once get the people up to the point where become worthless vag,a,bonds, and that it would they are willing to really trust to those princibe necessary to make special laws in regard to pes that underlay the very foundation of our them, as in England te p did in regard toh ne the ery would make a great step forthem, as in'England thiey did in regard to the Gip~ets They finally came to the sage conciu ard in the path of true progress. I hope that si o n t that, if a negro sowed ability and nter-ommitprise enough to acquire property, it was pretty tee of tie /hole, and that we may take such good evidence of his respectability and,a,ttach- action here as will show the final disposition of ment to the community and, therefore, they this whole matter. incorporated into their constitution a provision To you, Mr. Chairman, [Mr. Gillaspy,] a pothat, if a negro was worth two hundred an~d fif — litical opponent, so widely differing from me 30th Day. 671 7qonday] CI,ARKE, of IT. SUFFiRAGE RESTRICTED TO WHITES. uipon this and kindred subjects, I tender my times; and I have endeavored and shallendeavor tkanks for the kind consideration with which to maintain that principle to the best of my ,you have treated me personally, and for the pa- ability, no matter in what position I may be tient attention with which you have listened to placed. I am happy to say that the position I may remarks and entertained my argument. Situ- hold here is not only in accordance with the ated as I am, sir, with a feeling on every side that feelings and sentiments of the republican party, I may hold in my hand a lighted torch for the but of a great many of the democratic party in springing of a mine; with gentlemen ever ready my section of the State. I feel that we should to call me to order, and start back from my in- not any of us trifle with the principles which the cendiary propositions; I assure you, sir, I am people to a very great extent hold sacred. I i-ery grateful for the smallest favors or the slight- know there are thousands of persons that think est courtesy. so muh of the maintenance of this principle, MAr. CLARKE, of Johnson. I move that the that unless it were presented to them in some committee rise. shape, they could not be induced to vote for the cntitutioni. a[r. ELLS. If the committee rise now does it constitution not bind us to an indefinite postponement of It is perfectly plain to me, that the people this subject when we come into the convention? should have the privilege of voting upon this The CHAIRAN. It will not, in the opinion {question. Is it asking too much to grant them 'rho CHAIRM~NAN. It will not. in the opinion ore~f the chair.~ |that privilege? Why do gentlemen of the re * t. h c hair~.. )publican party tremble at the prospect ahead. MIr. MARVIN. If this motion to rise be It is because of the great and glorious sentiagreed to, we shall be under the necessity of ments that the republican party have enunciated recommending the indefinite postponement of s their cardinal doctrines, that they are so this resolution. greatly in the ascendency in this State to-day, Or. CLARKE, of Johnson. lMy object in mak or else I do not know anything about political An? this motion was to save this discussion. If matters. .t is to go on, we may as well have the benefit I do hope that men of all parties here will o it here as in the convention. I will withdraw seriously consider this subject, before they say toe otion that the committee rise. to the people that they shall not have the privi lr. MIARVIN. I feel embarrassed in attempt- lege of saying " yes" or " no" upon this quesing to speak upon this question, for there has tion. It is not a mere act of liberality, but it is been no time, since the meeting of the conven- an act of justice to the people, that this question, that I have been so ily prepared to dis- tion, which has certainly to a very great extent (uOs any question as at this time. I did not entered into the political discussions which have suppose that I would be called upon to express been going on for a year or two past, should mae v;iews upon this question. I supposed that now be submitted to them. It is an act of justhe expression of the convention would be al- tice which the people have a right to demand at mIcst unanimous in favor of giving to the peo- our hands, and we have no right to refuse it, on l;'e of the State the privilege of saying "yea" the plea of losing party influence or personal or nay" upon this question, and I did not popularity. If I understand the principles of deemL that it would meet with any serious ob- the republican party, I love them just as dearly ,ection. If this opposition came from the as any man here can, and I would do anything Demiocratic side, I would not say a word. But that was just and honorable to elevate that 'iO.nl what I see and hear I anticipate objections party to power in the State and in the nation. from another source. But I would sooner see that party resolved into I ask gentlemen if one-third of the Republi- its original eletents than do anything that did (*an party left the old Democratic party simply inot accord with the principles of right and juson account of banks, railroads and internal im- tice. provements? What do you suppose c,mpelled 1 I hope the convention will pause and consider s to make war upon the old Democratic partv, well, before they say that the people shall not it' it was not for the principles of freedom and vote upon this subject. The question now beequal rights, which we considered were tram- fore us may be a party issue; if so, I hope my 'e under foot by that party? I acknowledge republican friends will meet it boldly and manwith pride, that I could not have occupied this fully. p)lace, had it not been conferred upon me by Mr. ELLS. If there are gentlemen hereS Mr. those who are in love with the great principles Chairman, who wish to speak in fiavor of the of freedom and the equal rights of all men. It of freedom and the equal rights of a m inority report, tell us the substance of it, let is because I am fondly attached to these pr.nci- kn how they stand, and what the mean to us know how they stand, and what they mean to ples that I am a Republican to-day. If we are do, I will be very happy to hear them. I dislike to lose sight of these great principles, and prove to bear argnments all upon one side of this recreant to the trust confided to us by the pe so. I wish those gentlemen, who claim to pie, it will require no prophet's tongue to foretell belong to the simon-pure democracy would come that our doom as a party is sealed. out and give us the reasons why this question I hold the acknowledgment of the equalrights should not go to the people. Are they afraid of all men to be a sacred principle; that no pol- to trust them? I thought it was the legislature ify sla1l deter us frox advocating it at all of which they wor~ somuch afraid. Now it eemrs, oil:: [i'30th Day. (February 23d ,Monday) CLARKE, of J.-ELLS-MAII-TIN. SUFFRAGE RESTRICTED TO WHITES. [Febr uary 23d however, that the dear people are not to be proposition as a principle of action for this con trusted in a question of this kind. Come out, vention. gentlemnen, and show us how you stand. I wish So far as I am concerned, individually, I am to hear you speak upon this question, and I am perfectly willing that theright of suffrage should in earnest when I express this wish. I do not be as broad as the universe of God. I have no care about their attempting to refute the able fears in trusting any class of mien with the right arguments of the gentleman from Henry, [Mr. to vote, provided they have the qualifications of Clarke,] and the no less able arguments of my manhood. A portion of my constituents are in friend on my right, [MIr. MNarvin,] but I would lavor of having this question submitted separate like to hear gentlemen give some reason why this ly to the people, and they requested me to secure question, whether the word " white" should be them the privilege of voting upon it Tley are stricken out of the constitution, should not go to a class of men that I respect as much as the people. any other of my constituents. They are old If there be no one to speak, if gentlemen will Scotch Covenanters and Presbyterians, as hlon not undertake to present any reasons for refus- est men as ever lived upon the face of the earth, ing to submit this question to the people, I will, men who are universally respected for their in with your leave, Mr. Chairman, offer a few ob- tegrity, and who hold themselves strictly ac servations upon this question. If I were to state countable to a Higher Being for every thing they ray own principles and the principles that I have do. They said to me, wre ask you to give us a always held, I should not be enunciating or de- constitution which shall recognize the right of claring alnything new to members of the con- the negro to vote; if you give us that principle vention, but they would justify me in saying we will vote for its adoption. In reply, I told that I am willing that the people should settle them, that if the question came up in such a this question. I believe that the people are the form that I could give them that privilege, I source of all power, and when a majority of them would certainly do so; and I intend to do it. have said that they will have this or that, if I For myself, I have no fears of trusting this quesam in the minority, I am bound to abide by that tion with the people. expression, and say that the people have spoken. Believing that a majority of the people of It is this spirit which leads me to say that this Scott county, and the State of Iowa, would not question should go to the people, and if they sanction a constitution with the word " white" vote that the word " white" shall be stricken stricken out, I should not vote to strike this from the constitution, I will abide by the deci- lword out, because I wish to save the constitusion and say that it is right, because the major- tion for the people, and for posterity; but I shall ity have spoken. To take any other position vote in favor of submitting the question sepawould be to repudiate the principles upon which rately to the people, and allowing every man our government is founded. I would like to who desires to do so the privilege of going to hear any argument from any gentleman that the ballot box, and there depositing his ballot would controvert that broad principle. for or against the proposition. If a majority of That is one question but the other question the people shall vote, for striking the word out, That is one question; but the other question, I shall not dissent from that opinion. Mly own the expediency of striking out the word'-white," I hall not dissent from that opinion. My own is an entirely different one. Now, sir, I hold convictions of right I will avow everywhere, but that man is not a true reformer, who will go o I will represent the wishes of the people, so far far in adance of public opinion that his influl as I know them, faithfully and honestly. In far in advance is lost upon the public opinion. that his infu-very voting to submit this question separately to the ence is lost upon the public opinion. Every people, I am following out their wishes, so tar man, whatever may be his ideas of expediency people, I am following out their wises, so ar or progress, must, in laying out his work, as- a 1 know them certain exactly where he stands in reference to IMy friend has well said here, that if the Rethose persons who are to be influenced bvy his publican party failed to meet the expectations actions. If he does that then he is prepared to of the people in this respect, they would be only go ahead. I do not believe that the people of abletorecko n upon the time between the present Iowa would to-day vote in favor of striking out and the ides of November as the only days they the word " white," but I am perfectly willing will know as a party in this State. There is that they shall have the opportunity of saying, nothing more sure than this result. What is it whether they are in favor of it or not. For my- that would distinguish us as a party from the self, I am to-day trying to represent the peeple old line Democracy, if we dare not express our of Scott county. The question now before us sentiments, and cast our votes freely in favor of was not mooted, when I was a candidate for the freedom. I would "rather be a dog, and bay office I now hold, althoug,h the gentleman op- the mnorn," than such a Republican. I claini posed to me in that canvass did publish a short that we have made so much progress inii the address prior to the.election, in which he stated cause of freedom that there is a desire now on that I was advocating an amendment to the the part of tile Democracy to drag us down from constitution, which would extend the right of our high position, and to that end, they seek to suffrage to negroes. In reply to that charge Ij throw every obstacle in our way to hinder the stated, that I did not advocate that measure. I progress of Republicanism. did not deny that I held such views, but I mere- It was generally understood that some of the ly stated that I was net the advocate of that leading members of the opposite party were at Oth I)ay.] 673 IVIolk-iday] ELLS. SUFFRAGE RESTRICTED TO WHIIITES. first in favor of submitting this proposition to satisfied from my observations there, that all tbhe people, and that they would join in the re- things considered, they were doing better than port recommending it. poor men generally in the slave states. Manyl But when the majority presented their report of them bad acquired wealth, and paid taxes upon this question, we find two of the opposite upon fifteen or twenty thousand dollars of propparty presenting a minority report, appealing to erty to support Queen Victoria's government. old miserable pirejudice intended to excite a Said a colored gentleman with whom I was confeeling among tise people that the Republican versing, if slavery were abolished in Kentucky, party in this conven tion were taking extreme or any other southern state I would go there at lta rund But I am illing, so far as I once, because I prefer to live among a people am concerned, to meet them upon the question am d, to leet them upon the question Ithat have no prejudice against my race. here presented, boldly and fearlessly, and to There is no doubt sir, but what there is a abide by the decision of the people. If they prejudice universally existing here at the north decide against the position which the Republi- against color. I feel it myself, and so does alc.in party here take upon this question, let the most every other man. At the first thought, I d(-;cision so remain until we can convince the look at the negro simply as a black man, and people that they are wrong. feel a repugnance to him, but the moment lihe I am for leaving this question to the people, approaches me as an intelligent being I forget belevin, that in so doin I am not endangering that be is black. I believe that is the experience the success of the Constitution. I have no fears of most northern men-southern men have no if the people shall decide to give colored people prejudice against color; with them it is the the right to vote, that I shall be endangering condition. In support of this assertion, and to the prosperity of the State. The idea that the the credit of the South, I will give you a fact in negroes will all come here if we allow them illustration this privilege, is the most preposterous doctrine Several years since, an old minister of the that was ever uttered in any assembly. The gospel of Christ, educated at Middlebuiy College, gentleman from Henry [-Mr. Clarke] has already Vermont, a young mulatto, intending him for called your attention to New England, and I the ministry. After he had completed his studwish to call the minds of gentlemen to a single ies, the old gentleman applied to several theofact, that Connecticut is the only State there logical institutionsof the country, of his peculiar where colored men have not the right to vote, faith, for permission to enter his young friend and vet she has in proportion to her population as a theological student, but without success as many free blacks as any other State in New such at that time was the state of feeling in these EnIglanl. Why do they settlo there, and why institutions. He tben furnished him the means do they not go to other States where they will and sent him to Edinburgh, Scotland. At A1have the right to vote? It is for this reason: bany the young man took passage on a steamthat the negro is like any other man, who set- boat for New York, and for presuming to enjoy ties where his interests are the strongest. Wher- the privileges secured to him by his first class ever his own personal advantaoe is concerned ticket, was treated with contempt by a lot of there he will remain, and just so it will be in northern negro-hating dandies. This attracted this State. The negro will come here if his in- the attention of a southern gentleman-a slaveterest will be promioted by so doing; if it is not holder. This gentleman, with a view of ascerhe will stay away. t,aining the extent and knowledge of a northern It is a fact, that every man of observation will free negro, spoke civilly to the young nman, and a dmi t, that the negro of this country is no t pro- received a civil answer in good pure Anglo,idn-iit, ~ ~ ~ ~ ~ Aercn-ana ~ecivn that the war o hs coint well gressive but stationary in his habits. In a large Aiierican-Saxon. Perceiving that he was a well majority of cases he is willing to endure all the educated man, he addressed him in Latin and wrong that may be inflicted upoit him, rather was answered in Greek, when the southern genthan to fvly to others that he knows not of. I tleman remarked, you have got beyond my am satisfied that the free negroes of the South depth. have a greater horror of this northern climate This conversation occurred on the upper deck. and of the people who live here, than they have He then invited the young student into the saof slavery in its mildest form. I am satisfied of loon, and proposed to join him in a glass of wine. this fact from my own experience. The climate The young man accepted the invitation to the of Iowa, like the climate of Canada, and the ex- saloon, but from principle, declined the wine. treme northern States, would keep away the A long conversation followed this singular incolored race, if it were not for the fact that they troduction, in wbich the young student gave his cat enjoy a certain measure of freedom. That friend of the hour, a hasty sketlch of his life, and is all the inducement which brings them here. his plans for the future. At parting, the southIt is the desire to get away from the unnatural ern gentleman gave him a cordial invitation to and cursed institution of slavery that impels visit him if lie ever came south, remarking that the negro to flee to the north, and endure the he had no prejudice against color, but was alhorrors of a Canadian winter. ways hap)py to meet arl educated gentleman. I visited the negroes in Canada, opposite De- These fiacts were given to the public on the troit, and while there, I conversed with their following dray at a nieeting of the American most intelligent men, aind I became perfectly Anti-Slavery Society in New York, by the young 6 i-4 [30th Day. 31oxiday,l, ELLS. [February 23d SUFFRIAGE RESTRICTED TO WIHITES. man himself, and were published in the news- is a party question. But I do say, sir, that in palers at that time. battling against the extension of slavery, we are With this knowledge of the northern character contending against those unnatural prejudices on the part of the negro, and the feelings that so that have so long existed in the old Democrat'c iiniversallv exists in the minds of the people of party. I stated that this constituted one of the the orth I think gentlemen eed give them- distinguishing features between these two partsele norhI thnkxgentlee abotte ngives them-n, eles no anxiety about the negroes coing ties. All I desire, in our action here, is, to give here in great numbers, even if the people of the the people of the State an opportunity to express lir itratnmers evoent gife them theopleh of thfrae. tte vote to give them the right of suffrage. at the ballot box their wishes in regard to this word "white."' It is only when they become thoroughly edu- Mr. CLARKIE, of Johnson. I remember hearcarted and comapetenlt to defend themselves es-e-.. ,-l e (h cmpetent to defend them,relves eve-p in g, during the late canvass, a distinguished re that they become migratory, except in Democratic elector, upon the steps of this cap, ose calves where they run away to escape those!t'- * c,,e ty.n aa to eeitol, charge that the Republican party were in mnt hich slavery so often inflicts unpon favor of giving negroes a right to vote. I re hevcisof its cruelty. Indeed, sir, I cno i ictlm of its cruelty Indeed sir, I cannot member turning away, while this Democratic look upon tile question of negro suffrage as a 0ipon il th i qestio * negro sfrage s meeting was in progress, and addressing a Re:ratclone in this State; and I am satisfied l)1d-tiC~l on i t teapublican meeting that same day, in which I thw.t were it not for carrying out a consistent took occasion to denounce that declaration, as rule of right action, that no considerable por- one unwarranted by the facts. I understand tinse of the people would give any attention to te dcrneo y e pr eo the doctrine of the Republican partv to be op position to the extension of slavery.' But while hel obect. By'the censtis there a,. e less than three hondred colored persons in the State, all... re.un d colo d in they take this position, they do not propose to t.c,tcarcely enough to make an exception to ttake any steps to interfere with it, where it lethe rule. gaily exists, only to prevent its extension over I am pleased to see the Republicans of this territory now free. Convention. Faith the single exception of the territory now free. z I ~~~~~~~~I understand, furthermore, that the Republigentlemain from Jolhnson, [Mr. Clarke,] so thor- un derstand, furthermre, that the Republi i.i in te juste a e. can party are in favor of abolishing the distincoughlyll united in the justice and expediency of i unitti thin quetion to the peope tions that exist in the free States, which prove s,ubmiiitting this question to the people. a bar to the colored man in the enjoyment of The Republican party of this country, sir, is his rights; for instance, such a law as that eoiphltically a progressive party; and any man which existed in this State prior to the last Genor set of men who attempt to prescribe limits to eral Assembly, which prohibited negroes from its political action for all coming time, must set giving their testimony in courts; or such as their bounds far into the miisty future, or they that, which would prohibit them from settling fill Ind themselves overwhelmed with the in our State, and such laws as those which de iound-swell," now setting inland from the ny to them, as colored mnen, those rights which .ihi,Lty ocean of moral truth. That which sat- are necessary to the enjoyment of the rights of i Iies the people to-day will become obsolete and every individual. I understand that the Repub1)e Cast off to-morrow. The wonderful develop- lican party are opposed to all such laws as these, ients imde in the moral and political, as well that they are willing to repeal them, if any such as the natural sciences, within the last twenty exis t upo n our statute books. O r in other words, ars, admonishes us to be careful how we crip- that the colored population if they come here, I-.le ourselves by the adoption of any short-sight- shall have the right of protection under our e1 policy of political action. Let that good laws, and shall be protected in the enjoyment of ol)i scripture admonition be our rule of action: their rights of property. This I understand to "Sufficient unto the day is the evil thereof." be Republican doctrine, nd thus far I am a JLe"t us do right, and leave the consequences to Republican at heart. C(,od and our country. We have been told, by the gentleman fronm Mir. CLARKE of Johnson. I did not intend Hienry, [MIr. Clarke,] that upon a question simto participate in this discussion at all; but, in- ilar to this, I made a very long speech. That is tsinilch as the gentleman from Henry, [MIr. true, and I am not ashamed of that speech, and larkie,] in his confessions and autobiography I trust the time will never come when I shall dlelivered here awhile since, paid his respects to i blush lor it. I did speak in favor ot giving the me; and, inasmuch as the gentleman from Scott, negro the right to testify in courts of justice, [ir. Ells,] intimated that I am afraid to express not only as a protection to him, but to the white :nv sentiments upon this question, I deem it my man. That doctrine I shall support, and always duty now to make a few remarks. In the first maintain. place, I take issue with the gentleman from Scott Some gentlemen here are placed in a very sinin sayiiig that this is a party question, and I de- gular position, for we find them arguing ill favor ny here that the Republican party of this or any of submitting a proposition to the people, whein (tlier State in the Union, has ever taken ground they distinctly avow here that they would not in favor of giving to the negroes the right of vote in favor of the proposition themselves. suffrage. This isay be Democratic in the extended mean Mr. ELLS. I did not state, in any remarks ]lg of that term which these gentlenmen use. rude here to-day, or at any other time. that this But it, seems to me like trifling like cai attemnlet "D'Oth ID, —ty.l 67 o 'II oitild ay] CLARKE, of J.-ELLS. [February 23d SUFFRAGE RESTRICTED TO WHITES. .,IaMARVIN-CLARKE, of J.-CLARKE, of II. at cajolery, to come here and argue in favor of Republican, but further than this I think that submitting a proposition to the people, for which the Republican party have not gone, and further they will not vote themselves. When I vote to than that I am not willing to go. submit a proposition to the people, I shall be The gentleman from Scott [5Ir. Ells] very willing to vote for the proposition itself. properly remarked that the true reformer never It has been laid down here time and time was so far ahead of public opinion as to lose aga,in, that we wvere not sent here to remodel |his influence. And yet, in the face of this re this constitution, but to make some amendments mark, he and the gentleman from Henry are en upon subjects which were discussed before the deavoring to persuade us to do that which ho people, and with reference to which we were says no true reformer will ever do. elected. I beg leave to ask the gentleman from I assume that upon some of these questions Henry, [M[r. Clarke,] or any other gentleman the Republican party are reformers, and are upon this floor, if this thing of submitting the seeking to create a change in thepublic opinion, question to the people, whether negroes should and, if I may use tte expression, to enlighten be allowed to vote, was ever publicly discussed? public opinion upon this question. And yet the In what district was there a candidate who was gentleman asks us to do that, which when done called upon to express his views upon this sub- will turn against us, I may say, at least, one ject? The gentleman from Scott [Mr. Ells,] half of the Republican party. I say that upon admits that it did not enter into the canvass the ground of policy we ought not to do any during his election, and I may say the same of such thing. my district. I say that the people do not ask Mr. MIAR'VIN. I do not think it is right that any such thing at our hands. We have had the misapprehension under which the gentleman petitions here from the people upon various sub- from Johnson [Mir. Clark] labors should go un jects, but wve have had no petitions from the noticed. He says that two gentlemen who have people upon this subject, except the petition of spoken in favor of submitting this proposition a meeting of the colored citizens of Muscatine, to the people, have at the same time said that showing that there is no movement of the people they would not themselves vote for striking upon this subject, and that there is no desire this word "white"' from the constitution. among the great mass of the people, that ne- Mr. CLARK, of Johnson. That I understand Croes hall hve theright o rot. CLARK, of Johnson. That I understand groes shall have the right to vote. to be the position of the gentleman from Henry Our census returns show that there are about [Mr. Clarke], and the other gentlenan from 270 colored persons in the State, and I do not Scott [Mlr. Ells]. think that they themselves are particularly anxi- Mr. MARVIN. The gentleman from Scott 1- 1- T ~ ~ ~ ~M., rMARVIN. The gentleman from Scott ous upon this subject. It is true, that at this [r. Ells] said ie was himself in favor ofstik Muscatine meeting, where there was a very few l a d he Csitin b h ing that word from the Constitution, but he present, this subject was discussed, but the would not vote here to do so. great body of negroes in this State have never yet made a movement upon this subject. Both Mr. CLARKE, of Henry. I thought I had expressed myself so distinctly that nio gentleman of the gentlemen who have argued so warmly expressed myself so distinctly that eo gentleman in favor of submitting this question to the peo- could misunderstand me. Yet the gentlean ple, have declared that they had no particular from Johnson, [Mr. Clarke,] gets up here and partiality for the negro, and although they are misrepre sents me. I said I was in favor of mawilling that the people should vote upon this |king no distinction in any place, in regard to the question, they avow in sackcloth and ashes that rights of men as men. I did not say I would rights of men as men. I did not say I would ques~~~~~~~~~~nt' voe o they avoowsitin sakl th anstrikeso that they do not like the association of the negroes. not vote for the proposition to strike out the It seems to me that these gentlemen are placing word "white," if I had an opportunity. I said themselves in a very singular position here. I and I say it again, that I shall vote for that propdo not see the object of their speeches, unless osition if I get a chance to do so. There are it is to cajole and deceive the people. many voters in my county who desire me to use Is there any practical purpoe to be gained by my influence to have that proposition submitted Is there any practical purpose to be gained by to them; and Democrats have advised with me this course? It is admitted on all hands, and to have it done. And, sir, I had supposed, from by both the gentlemen who advocate this pro- what had been said to me upon all sides, that position, that the people will vote it down. No there could not have been two opinions in this man believes that it can command a respectable body concerning this matter, but that all here vote in the State. And yet we are wasting time were willing to have the qustion so disposed in discussing this subject, and creating odium ere willing to have the quesftion so disposed against ourselves, against the constitution, andi against the Republican party, upon a question And, lest I should befurther misunderstood upon which the party has never taken ground, in regard to this matter, I will state more fully and in favor of which they are not committed. my ideas and opinions in the premises. Take I am a Republican so long as the Republican up your Constitution and begin with the bill party is the party of liberty, so long as itop- of rights, and what do you find there? The poses the extension of slavery, and so long as it very first section reads in this way is willing to allow the negro, when he comes "All men are by nature free and independent, here, the rights to hold property and to enjoyit! and have certain unalienable rights; among an'i the right to his liberty. In all this I ami t1 which are those of enjoying and defending life 07G [30th Day. LFebruary 23d Dioij,day] SUFFRAGE PRESTRICTED TO WHITE'S. and liberty, acquiring, possessing and protecting No, no, gentlemen: as I told yol before, so I property, and pursuing and obtaining safety andl tell you now, the time will come when these happiness." principles will triumph. Those who now laugh Suppose that these individuaB' who are so at me, and mock at me for being so sanguine in terriblv afraid that "colored" men will get some this matter, remind me of a scene I witnessed rigts; and obtain some enefits under this some two years and over since, in this very hall. ri~htit a,nd obtain some benefits, under this I a h is ueIwsee ee aea Constitution, should propose to insert before the It was the first time I was ever ere I came as word "men," in the first line of this section, the a delegate firom HIenry county, to attend a Whig voi(ld white'? Sir we have been dared to State convention. flat did I find bete? A -trike out the lword "white."' -Now I dare gen- [platform all cut and dried, serint on here ighthot tle'ven to insert the word in the section I have from the kiln in Washington, endorsing the just quoted. And suppose, sir, that such was whole of the compromises of 1850, swallowing tite proposition; would not the gentleman from the fugitive slave law and all. I could not go ohson r Clke] who ws once, I believe, that figure. I had always acted with the whlig a candidate for the o,ce of elector, for that fa- party had neverbeen oidee a boitionist iously anti-slavery party, known as the "third had never been the candidate of tie third party party " —would he not get up here and defend for ny office not even that of an Buie elec tor. In offcd not beven that siof~n-lren elec)-,tins the broad princidles of human rilhts, as set to. I had not been a simon-pure lbolitionist orthi in that section and yet cla,tm that hle enough for that. came here as a wli-i, and I s,houldl not lie' niggerized" fo- so doing? And said to the assem'.!i.ge: gentlemen this may all >yet, when I advo-ate the application of these be very well for -hig who wish to oe nothing same p-inciples of the bill of rights to other ar- else, but I tell you, if you adopt these resolutiles of thie Constitution, this consistent gentle- tions, you will lind, before yoi:t get home, that man can get ulp here and charge me, with just as the people will be thundering iii vouri ears their much of candor and fairness with, being a "nig- disapprobation of this thieg. There is that gogerizer," and "niggerizing" this Convention! ing on in Washington, tLat will present a new I say that I wish that every man here was issue to the people, and if you do not regard it . ~~~~the people will disregard you. The great ques'not almost, but altogether snch as I am," upon tie people will din ega d you. the great questhis and similar subjects, except, perhaps, coun- tion ri going to be not tariff, not banks, not by~onds! I go, then, merely for the carrying matters of internal improvements, not a strict t~y bonds! I go, then, merely for the carrying of those principle throughout the construction of the constitution, but the great o~ut of those principl)es, throughout the Conisti Cousti- battle to be foighlt s t,, be, hct?p'u f, edom tution, that we set out with in the bill otf rights. anler an o m i c or and sla.,very, and you may. we lp.Cn your And, sir, we find in the very next section of eyes to the fact at once.!i-'ss these rcsoluthe bill of rights that, "all political power is in- tions, and establish your pl,utformrn upon such herent in the people. Government is instituted principles and issues, and I tell you the people ,or the protection, security and benefit of the will knock down your candidates as ftst as you people," &tc. Why do not gentlemen, who are can set them up. That was the position I took so thin-skinned about negroes, get up here and here. And wh.at did gentlemen do? They move that this section be amended. so as to read, sneered at me, and( called me the abolitionist "all political power is inherent in white people"? from Henry county. They seemed to have the Thlat would be just as sensible as their objec- idea that Henry county was the hot-bed of abotions to this resolution. Again, gentlemen say litionism, and that Lao man could come froni they are opposed to having negroes eligible to there without being an abolitionist to the manor otffice. Sir, I am willing to leave the people to born. tike care of this matter; and they will do it. repudiated te compromis of 185 and the i)id anyv gentleman here ever know of a negro c elected to any ofce in the United States? fugitive slave law, and the resolution endorsing bei~ng elected to ainy office in the United States? 1 ttis is oneofhe supremestcare-rows and them, and drew up and offered an anti-Nebraska etooblins relied upon by the s gentlemanr to resolution in its place. That anti-Nebraska reshobgoblins relied upon by the gentleman ouinwsaotedadteotereetd 'uighten us -with' it' you can find an instance oAtion was adopted and the other rejected. ere, against al the prejudices of our race, And gentlemen got up and took their hats and where, against all the prejudices of ob u r rae we nt out of this chamber, denouncing the conand the contempt and obloquy bestowed upon a vention as a convention of abolitionists, and mylespised caste, a black man can be elected, even e as acn tic o ltm es nd to the office of constable. in any district in this self as a fanatic But, let me asik did not the country, then 1 will show vyou a wonder among governor, and the other State officers we nomithe nations. The negro man who could get nated, get elected? Did we not at that lime tiie atios. Te nero ma whocoul getachieve the first victory over that par~ty that had ciectedl to any office must have the supreme st victory over that tat had wisdom and qualities of mind; he must needs been in power in this State trom its first organilbe a very Christ in ebony. Do the people need zation? anything to prevent such a casualty, except And I tell you gentlemen, the piinciples I am their own prejudices u nd their detestation of the! now advocating, will be, must be, shall be, vicblack race'? Do we, the boasted Anglo-Saxon i torious. They are right. they are just, they are race, "independent, free and sovereign," need true. And the time will come, it must come, anv restriction in our Constitution to protect us it shall come, when even you, Mlr. Chairman, from this poor persecuted race? That is what [Mr. Gillaspy,] will be in favor of them. I it amounts to. i;nust at least pay this complimniut it,} your holi 30th Day.] 077 .,flonday] CI,AIZKE, of 11. [February 23d SUFFRAGE RESTRICTED TO WHITES. MoIonday] CLARKE, of I. [February 23d '-encourage negroes to come into this State." Then they must want to discourage them from coming here. They must make a distinction in every case between the whites and the blacks. If they carry out the doctrine fully they will not allow the negro any of the rights contained in this constitution. Let us suppose the gentle men attempt the necessary amendments to car ry out their principles. We find here, "Every person may speak, write, and publish his sentiments on every subject, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press." Oh, say they, if a negro comes in here, he may be saucy, and speak to a white man without ta king his hat offi; as if they were " equals," and that will never do at all; we must save ourselves from insult from these negroes, and thereupon we will say that "every white person may speak, write," &c.; and when they come to the decla ration that "The right of the people to be se cure in their persons, houses, papers and effects againstunreasonable seizures and searches, shall not be violated," they will say, Oh, that must not be so, for it will be saying to every negro, If you come to the State of Iowa, you will be protected in your person and property, because, as the gentleman from Des Moines [Mr. Hall], says, "they are allpeople, all of them, knaves and fools, negroes and Indians." It will never an swer to encourage the negro to come i n here. A nd the gentleman from Des Moines would get up and read a great long extract from some speech or report made by him years ago, to show to the people of this State that if they let this provision of the constitution stand as it is, ne groes will come in here and breed to such an ex tent that bye and bye they will be worse than the frogs of Egypt, getting not only into their ovens and their kneading troughs, but into their ballot boxes and the governmental places of the State. Therefore, we must not say that I the right of the people to be secure in their persons," &C., " shall not be violated," but that the right of "white peopltshall be secure," &c. The prop erty of the blacks must be left open to pillage, and their persons to outrage,for fear that other wise they may be'encouraged" to come into the State. esty which I have endorsed so many times in this body. Every honest man must support these principles. at first or at last. I tell you, we live il an ag e and in a comm iunity when the people th ink and act for themselves. Their hearts are in the right place, and a s soon as they g et the idea in their minds th at a thing is right they go for it. While e are r es itting here in this convention talki ng about this matter, over in Illinois the committe es of her legislature are making reports try in g to get rid of s ome of these same restrictions, th at hav e been thrown arou nd the peopl e there b y th eir self-constituted guardians. It is an eye-sore, a cancer, a foreign substance stuck into the body of republican principles, and whe rever it has stuck it psuhwill fester and work until the b ody politic g ets rid of it. And in Mtissouri, on the other side, they are s truggling to get rid o f slavery, endeavoring to th row off what they see, and know and fee is an evil. I t ell you the public mind is alive and acting in this matter, and it is nothing but true republican democracy that is working out its heaven-directed mi ss ion. Y ou may talk to men as much as you please about the great wr ongs done to t hi s persec uted ra ce; y ou may appeal to their sympathies as much as you please. You may t h us agitate and excite, but the effec t is but ephemeral. But once imbu e the minds of the masses with the true principles ofrepublican democracy, and the work is don e. Why, sir, I have almost less confidence inte the succ ess of those who attempt to spread the true principles of christianity,than I have in the final universal prevalence of the true principles of democracy and Republicanism. As I said the other day, those principles are based on Christianity, and when they prevail, all these things, now called, through timidity and prejudice, "necessary evils" must, and will, and shall be done away. I can abide my time, for I have entire confidence in the result. And I will say here to those republican gentlemen, who are now so incredulous, and have no confidence in the people, you will yet take me by the hand, as one of the gentlemen did who went out from our convention. Hie took me by the hand and said-" Sir, I thought you was wrong, but I was wrong myself; and I thank God I was wrong!" It is only a lack of confidence that make men here take the position they do upon this matter. I repeat, gentlemen have dared me to do certain things, and I dare them to apply their principles to this constitution; to carry out to their full extent the principles they have professed upon this floor. To what extent would they be obliged to go to do that? They would have to stick in the word C'white,"7 everywhere there is a declaration of right or-an affirmance of principle in order to nullify its universal application. For instance! take the ground asserted here as a chief reason for inserting the word "'white," in the article on suffrage, thiat they do not wanlt to And they must also say that "the right of trial by jury shall remain inviolate-except to the black man." And also that "in all criminal prosecutions, the accused, if a whiteperson, shall have a right to a speedy trial by an impartial jury."' Aud they must also, in order that no fugitive slave may be encouraged to come over here from Missouri, where they have such good. kind, Christian masters, for fear they may have the right of trial by jury if charged with the stealing of themselves and their clothes (which of course would De the ruin of the State), they must say that "no white person shall be held to answer for a criminal offence, unless on presentment or indictment by a grand jury." And they must also say that is no white person shall, after t t t r 0 e a t t b p h i h k 678 [1-30th Day. SUFFRAGE RESTRICTED TO WHIIITES. i~ionday,] aLPE ofI.~ebur acquittal, be tried for the same offence." And so we must go through with every section of the bill of rights, and through the whole constitution, and insert this word "white" whefever the word "people" or " person" occurs I As I said before, you must always bear in mind that new v-rrsion of the declaration, made by the greatest of American statesmen, and when you say "'equal and exact justice to all men," put in except negroes." Now I ask, would not every man of us, of whatever party, breathe freer and easier, and feel somewhat as if he were acting himself oiut more fully and nobly, resting upon a basis from which no one could push him, occupy ing a position that was impregnable, that he could depend upon, and could trust for those who might come after him to the latest generation of men, if he could only just go the whole principle of political equality without any exception;.nd saying here in the beginning "all men, without exception, are free and equal, and have certain unalienable rights." Go on and base this constitution upon that principle, having no distinctions anywhere throughout all its provisions, leaving the people to take care of themselves in all these minor regulations and particular applications. And if they should see fit, through prejudice or passion, or from any other motive, to keep this class of men or that class of men from filling their offices, they could do so. And if, on the other hand, they should be satisfied that a person from any class, was competent and qualified to discharge their business, and the duties of any of the offices in their gift, they could select him for it. Cannot gentlemen trust the people so far? I think you can trust them to the full extent of allowing them at least to vote for whomsoever they will. I am a Republican, and attached to the Re publican party, so far as it is based upon principles, and will carry the m o ut. But as a mere conglomeration of different elements making a "party;" as a mere machine to put certain individuals in the judiciary, or any othe r of fice in the State, I am no t at tached to that party, and am not a Republican in that,ense. I care not one fig for any party as a " party," after it departs from correct principles, for that moment it departs from me. I am for the Republic.-n principle, and will stand by it while it stands, and I stand. I am not afraid of having this question go out to the people on account of any effectit may have upon the "Republican party." If the gentleman from Johnson [Mr. Clarke,] is correct, when he says that this question will prove disastrous to the Republican parts, how many'Democrats do you suppose you would find here voting against this proposition? Why, sir, if they thought this would prove a brand of discord among the members of the Republican party, you would find every Democrat upon this floor in favor of it. But they have their senses about them, these Democrats. They do not believe that any political advantage against the Republicans is to be gained through this thing. They know it will go to the people, and they I hope gentlemen understand me now. I go for this principle to its fullest extent. I would incorporate it into our constitution from beginning to end. I would have our constitution as clean as the constitution of Massachusetts, without the wiord "' white" occurring in it at all. If the proposition is submitted to me, as one of the people, I will certainly vote to strike the word "white" out of the constitution altogether. There can, therefore, be no occasion for gentlemen to misunderstand my position hereafter. BIut I say further, that having good reason to believe that a majority of the people of this State woulld not vote for this constitution with the word white" stricken out, I hut act the part of visdom, and at the sanme time am making no sacrifice of principle, when I say that I would not submit this constitution to the people with that word stricken out of it. I think it would be anIn act of madness, an act of folly to do so. And atgailn; the great reason, and the reason the gentleman fronm Johnso [Mir. Clarke,] has not touched upon at all, and which no gentleman here has attempted to gainsay, the great reason why we should submit this matter to the' people, is because at least a very respectable minority request it of us. A large number of 30th Day] 679 I Monday,] CLARKE, of II. [February 23d SUFFRAGE RESTtICTED TO WVHITES. will quietly vote upon it, and no capital can be MIr. PETERS. I think it would be an act of' made C(lt of it. Sir, if I thought the Republi- discourtesy towards the gentleman from Scott, can partv could bei shaken to pieces by such a (Mr. Ells) if no one should proffer him thie thanks resolution as this, so fair uponi its face, so cor- of those he styles the opposition,-the democrat rect in lepublican principles, I would say, " let ic party-for the invitation he tendered them to it sli le it is not Worth the preserving. give their opinions upon this question, and then Bi'. I... nCo. confidence in the sciidity, continuing to occupy the floor himself. firmna=s and perseverance of the true Republi- I have reasons why I shall vote against this can party. There mnay be men who have at- resolution to submit this question to the people. tached themseilves to that party, who are not And I derive them from the arguments used by imbued with ts principles, and who may be gentlemen upon the other side. The whole shaken off with every little motion. From the thing amounts simply to this; they tell us that speeches of the cgentlieman from Johnson I should the principle embodied in the resolution is right, presume there wer e. But they are the men who that it is one of those eternal truths that effect go backwards and forwards in view of some the interests of mankind, and that it is a trait emolument, honor or position. But, sir, the Re- of their party to d(o the right though the heavens publican ptrty, ounded a, I would have it, fall. Now itf this thing sight and is light in upon he e erinal priciples of liberty and equal- every respect, why not icorlo5rate this principle ity, miu:t stand, and will stand, in spite of,ll into the constitutioni 9 They have the mrajoritv these iittl e rSw haua in, ic have been at- upon this floor, the nulerical stre igth' why tlit tempted il this convention. ll, this petty strug- exercise it' But they tell us in the saline -)breath, fling for political effect, all this resorting to that thereis no probability of there being more chicanery and intrigie? iu order to accunmulate than a small minouity of the people of this State some political capital These little questions, in favor ox it. Then why do they ask to have these minoro objects these insignificant finess- this quiestion submitted to the peonle for them ings, sill h oae mo e effect upon that party to vote upon it? Is it simply that they may than does the buzzing of a fly upon an elephant. know just how many abolition votes there are They cannot afect it; they cannot disturb it. in the State of Iowa? I would proposean easier I beg Republican gentlemen to borrow no need- way for them to do that. Let those who are less alarm I have more confidence in it than appointed to take the census of the State, be in that. I am not afraid of any action that has strutcted to add another clause in their lists, and been had in this body. Much less am I afraid ask every man his political sentiments upon this of sending down to the people a resolution say- question. ing to then,, those of vou who wish to vote for ig to them those o you who wish to ote for see ino necessity of putting the people of this striking the word'white'i from the constitution tate to the trouble of riti or itin the State to the trouble of p~rintin~g or writing the can do so and those who +wi-sh to retain that amount of tickets necessary foi the settlement word- can vote to do so-;and as you vote, so a word can ote to o; and as you ve of thisquestion, when the most earnest advo shall the constitution stand. iC,cate of the proposition here says that there is Mir. CLARKE, of Johnson. I have but a no possibility of its being adopted. And for single word to say in reply to the gentleman this and other reasons, I shall vote against it. from Henri, [EIr. Clarke.] He says that he has MIr. LDWARDS. Before this ouestion is finever been the candidate of the third party. Ta is true. Ibeen the candidat plae of the third patty nally dispose of I desire to yboit a few re Ta is true I the first place the hird pat arks. I know this is a fruitful topic of debate, in this State have been in the habit; of nonthiat Stae haebeen the hab o at espeeially in committee of thie wwhole; and 1 ing pi ett-: good men. In the second place when shal a i elf ot cion. b te indl shall av,i yself ofthe,c't ls n by, the indnil ~I -; a0n I8 as nojr ii 0 (iry EdJll,oltlapr'gence of the c mnin ttee to t,ke libt t latitude pa-,r ty A-nf I think we can atccoant for- the pt n i think we ut foxw the hich the committee of the whole affords uponI gentleinan's new zeal by the old adage, that gentlemant new zeal by the old a that ithis subject. The gentleman from HTenry, (MIr. ~,,new converts -,,re always the most zealous." erts te always t most al Clarke) in his remarks upon the proposition be Mir. GOIEI. This question was agitateli in fore the committee, referred to a proposition my county before mv election. These sonnect- that he introduced some days since, to allow need with the democratic press asked me what groes the right to testify in our courts of course I should pursue as regards negro suffrage. justice. I submitted, at the tlime, some remarks I told them that I should not vote here in favor upon that proposition. I re,garded it as inexpeof extending the right of suffrage to thaft class dient to incorporate that provision in the constiof our population. They declared, however, tution, for the simple reason that the legislature until after the election, that I would do so. I hats allready removed the restriction that formerwas asked about it several times. Ialw ays said ly existed, and it was useless and unnecessary that though I was myself willing to grant them to clog the constitution with any side issues of the right of suffrage, I should, out of policy, rotc the kind. against it here. But I came to the conclusion that if it was ne The question now presented to me is-will cessary, in order to secure these rights, to place I give the people the opportunity to give the ne- such a provision in the constitution, I would gro the elective franchise? That I am willing vote for it. I came to the conclusion long since to do, aind therefore I shall roe:, for this resala- that I would be willing for the black man to tion. submit his testimony to a jury of this state, es ti6o [30th Day - CLARKE, of.J.-GOWERS-PETERS-EDWARI)S. 'tlonday I [February 23d I .......... r1cu,......t r Iu. v was biaveI'y aL aoroe - ,. O. ~ as s y auroveland, there is one point that all free menei could mle awayll from~ h1er. nlo., f *... agree upon; and that is, thattllthey wold, upon no tIf tillles an y qiie-rt.on to which I have given occasion, public orprivate, give their voice and ina careful and cL nid considceration for the last fluencetoacknowledgeanduphold thatcursed twenty cars of miiy life, it is this compl)ex ques- stitution. Slavery withers and blights all that it tion of ztNi-e w I now that it is a vst n touches, an d acts like a mildew upon the land coiplicateo sun-)ject. TiheIor is connected with wlerever it exists. Compare my own native the ilstitution, as it exists in tlis our lt,nd of State, Kentucky, with her neighbors, Ohio, lnfieedom, there is connected with the relation diana, and her sister States. While the one has subsisting between iaster slae, a problem grown rand increased in wealth antid populatiorn tlh.it time alone cLn,solv'C Tiiere are many to three-fold that of Kentucky, thloug-h thirty questions of detail conrte ld ivth tihis subject vyears her junior, slavery has proved a curse to that will be and must be pr esented to the Amer- Kentucly, and a barrier to improvement. ican people in the different states, and upon the. ic'n pe e I am referring to this subject iii a political lifferent occasions whlen tney are calledl upon different occasions when they ae called -'po int of view. I would ask if it is righit that to act upon this great and m,lomentous question. to -r.non thgea n e qe this free government of ours should be shaken adi as regards those detalls. tler e will ever h e and a ieord hoe."i.. he.wl ever bhe fiomi cenrtre to circtinference for years, just on dlifl!'eneces bet-ween indiviuals, and while they y account of this institution of slavery? Is it I-a )e call'd aInti-slav-ery men, thlese differences In' nt rme,horight that three and a half millions of human wili exist, thoJu~:h thlere ~,-ll be a commnon boind * exist,e thou,h+her e will be a common bond*. beings should be held in bondage by three hununitin' t"hem liI in opposition to slavery, though dred and seventv-five thousand persons, in:i they nima seek their oblect in different directions o f e country containing twentv-five millions of freeand by- different means. and b' di~fferen' meansmen, in order to gratify the smnall slave oligarchy of the South? 1 say, no. If this government ~The case above alluded to was repotet in the oletn- is ever destroyed, and the lberty of its people phis (iennesee)papers a few yeais ince. It was upon blotted out, it sill be ill cons(-quence of this the trial )t a man arrai'ned ctii an inclictmient for murder. Tl, n,n -~a. f,,ulI )in or natinstitution of slavery; because it is wrong in The murdered manwa~ found on ornea,r the lieof twNo ount ies o ditits. urin te lial e pecutio principle, and inconsistent with the priiciples fllil~l,-to tie -enue Lin ttle cLt,(l tiLCu,lh of civil liberty of which we boast so much. I,ut f~, d-outed the guilt of tlhe prisoner. he ctlunsel in l,ehalf oftie tate then offeired in evidence an incident I It was the imnniortal Jefferson who, when spo,,t the ho)s- of th e m iur dered an'. The,:otIhr of tLe ken to upon this subject of American slaveiry, mu~~q(.re~~l man u h,ieo i way, to;tie tr~ial. ridnhs ,I'u l I'fin c~ile lis vand contrasting the great struggle we had made i)'othcr's hos e in(}'S' copny'wilVlt) ltl Ssont,~ outhers. S.vhell he I' iIhdI~ lnL'u,:ml.(!e n ea r wh!ere t}~e murdcrd m'an IVaS L for the purpose of thlrowving off the British yoke ,)und, (i.ed t-hat the hrse becalml,e wly liichV agi- of oppression, and remembering that it was God( tat,,l. The gi' ave htiln the reins, and lhe started (,-who directed our forces, asked if it could be suddllenly inl t o thl e wo*ods lo s hlorrt (listanr.(e,linti. lhe rea, ed trec ne ar i'aille, not fr iO wee te bf xpected that lie would Continue his mercies the imlurdered Im as iund, utilted by the LOgs. andl kind care over us while we should continue Itere tie hor~se co aed ~ pawing, and gave evidence } to hold in slavery another portion of the liiumian of t ye memory of a stru 1g'le. The hoise had been foiiind. t saddled lnd b-ri,dled. o the dtv ot t mniuurder. veri family. "No," said Jfierson, "1 tremnble for the , ch frightenc. Thle court,permn'itted the aecount of fate of my countrv when I think that God is tlho) colndluct,f I,, hose t o he submitted to tle Juryi just, and his justice will not sleep forever. leaving thnem to give full credit to thle natu,ral instincts of the animf. This inciden t clearly estal,lisled the' There is no subject that can be presented to vene in the ds of te ury, an d tlhe brought in a the American mrind fraught with as deep an invrlict of guilty, d the accused is ow paying the l p.nraltsy of is crirne in thP penitenriary at Nashville, terest as this question of slavery. And it has SUFFRAGE RESTRICTED TO WHIIITES. MIonday,] consequence of the degradation attached to labor as the result of this system of slavery. That is the reason that Virginia is becoming depopulated, until she has now become merely the slave-breeding State of this Union. I do not know whether it would be an advantage or not to the negro to confer upon him the right of suffrage. I have hoped, and I hope yet the day will come when the fetters shall be stricken from all this unfortunate race. Aye, and the day will come, as sure as there is a just God in Heaven. ';Truth crushed to earth shall rise again; The eternal years of God are hers; But Error, wounded, writhes with pain, And dies among his worshippers." puzzled, and will continue to puzzle, the wisest minds to tell what we are to do with it. I regard t he c onstitutional right s of the slaveholder as much as will any other mran in th e country. I would be t he last to ta ke his rig ht s from him. I would even wield miy arms in his d ef ense against an fanatic, or any man, who would, in viol atio n o f t he Co ns ti t ution and the laws of the country, interfere with the righ ts of the master of th e sl ave, as they now exist in States, under the right of St ate sovereigrity. We have no riaght to interfere with it. But w e can raise our voice against it on every ocasi on. We can refuse, here in the free State of Iowa, to bolster it up by becoming its apologists. And so fa r a s we h ave the power, and the constitutional and leg,al right, so far should we go against it. And when the south attempts to fcirc e this obnoxiou s institution upon free and nor the rn soil, we, who are p atriots and who love liberty and ground consecra ted to lioeerty, can sa y to t his slave oligarchy as the Maker of the universe saidt to the waves-thus far shalt thou go and no farther. We should meet it, pen it in, circumscribe this evil, which was regarded by the f a thers of the revolution, and all the great men of the time, as a great moral and political evil. T he true policy is to hem it in, and it will work its own cure. W hy should I b e an advocate of slavery? I, who have heard the sound of woe a nd anguish coming up from the hou se of bonda ge. I, wh o have see n men and women, wi th the image of God impri nted upon them, taken to the block of th e auctioneer withoiut their consent, and sold like cattle i n d the shambles to taboig he st bidder, t o payne th e debts of their debauched masters. Parents and children, brothers and s i sters husbands and wives sep arated forever, and all th e affections and feelings that can f ill a white man's breast outraged and violated. You know, Mr. Cb airman, [5ir. Gillaspy,] that i n the State where you and I were raised, those who had property in men, women and children, had regard to the circum stances that surrounded them, and dealt k indl y by them. There are humane and benevolent persons who are slaveholders; they tre at their slaves kindly, clothe them well, and do all that can be conducive to t heir we alth and comfo,rt. There is even a degree of affection existingsbetween the families of th e master and the slav e, in a majority of instances, that is wo r thy of imitation among us. I am free t o confess all that. But if a great wrong is committed by one out of ten, or even one out of a hundred, then that proves the whole system wrong. As I have said before, slavery is a foul political curse upon the institutions of our country; it is a curse upon the soil of the country, and worse than that, it is a curse uponl the poor, flee, laboring whlite man. I have known many cases of honest, hardl-workinlg, plodding white men, who have come to my native city for the purpose of making a support for themselves and families, and they have been driven away, in And th e unfortunate colored man, who was stol en from his native land, an is now suffering under the yoke of oppression and bondage, will some day receive justice, and when that justice is meted out to him, Hea-ven grant that this nation does not suffer. And when this question has been discussed here, time and time again, in the different phases in which it has been presented, there have been those here who have shown a disposition to meet it by sneers and insinuations, and they ask if we desire to elevate the negro above the white man. No, sir; we desire no such thing, and if we desired to do so we could not. There are castes in this community, as there are in all communities, and they will always exist. These things must and will work out their own solution. And as to the danger to be apprehended from amalgamation, let me tell you there is not onehalf the amalgamation in the free states that there is in the slave states, and you all know it. Go into the southern states and you will find in their rich mansions and palaces these mixed races, about whom gentlemen here seem so fearful, and in reference to whom thev turn up their noses in scorn; they are there kept as the body servants, the confidential servants of the delicate and refined ladles and men of the south. I have played with them; I worked with them until I was seventeen or eighteen years of age. It was the custom where I was born and reared. No, sir; as to amalgamation, I tell you if you will take the same proportion of the colored populatioll in the free states and slave states, you will find ten to one mulattoes in the south. Anld the number will increase, and the proportion of the white blood in the veins of those mixed races will continue to increase until they becnice as white as you or 1. [19JOth Day. 682 EDWARDS. [February 23d And yet gentlemen here raise up their pretentiOUS Doses,,tnd cry out,ibout our desii-in,, to place the iie,ro on an equality with, or above the white man. Let me tell those gentlemen that some men in this convention voted for -i, Vice President of' the United States-Col. Dick Johnson-who had -t negro woman for his wife, a ne,ro woman as black as the,tee of spades. SUFFRAGE RESTRICTED TO WHITES. ionday] }DWARDS. [February 23d There was no disgrace in that, then; oh no; it was all right and proper. But if a negro man comIes in this temple of justice and liberty, you will directly hear these men cry out-there goes a brother of the gentleman from Henry. [Laughter.] But let us treat this subject seriously, for it is fraught with considerations which deserve our most serious attention. And let me tell those gentlemen who seek to drive us off by their sneers, that they will never drive me from the path of duty, while God enlightens my conscience, and I know what is my duty to my fellow-creatures. And whenever the people who possess the power, shall discover some way to get rid of this great curse, and shall call upon me, as an humble individual, to assist them, I shall be ready to give them my influence, my p)urse, and all in my power to aid in removing this stain from the fame and character of my co intry. I care not, if the proposition is to devote every acre of the publiC land in the United States to pay for these slaves-who are now ground in the dust by the iron heel of their tyrainnical masters-and remove them to the land of their fathers; I, for one, will be willing to vote for it. I do not know whether or not it would be for the b,est interests of the negro, that he should be entitled to the right of suffrage. There is a prejudice in the community against that unfortitnate race, from the fact that their brethren have been held in bondage, and scourged, and driven by the lash. Ldet me call the attention of this committee to another point in connection with this subject. all the prejudices resulting from the degraded condition of that race. And we say they shall not enjoy rights with us here, except just so far and no farther. Now that may be all right; I will not attempt to controvert that point. But I say that all the arguments in favor of slavery are fallacious, and will fall to the ground. I say the institution, from its inception to the present stage of its existence, all through its progress iis wrong, before Go d and high Heaven, and op pos ed to all the prin c iple s embodied in the American form of government and our theory of freedom. I have spoken here of apologist s o f slave ry. Gentlemen say, who are thos e who stand up her e and defend slavery? Is there an y one h ere who advocates slavery? I tell gentlemen, that if yd n a do c t e ar t they do not advocate slavery with their lips, in so many and direct terms, t hey exer t an influence and power in regard to it th at i s the very backbone of the in stitutio n in the South. Whatl is the democratic party in favor of slavery? Let me tellth e a drig them that duri ng the las t Pre siden tial canvas,there were scattered b roadcast th roughout the whole l ength and brea dth of this State speeches delivered by Stephens, Toombs and ot hers, of e Sthe Southern w ing o f the democratic party. In my own town more t han one hundred of these speeche s came there in one package. Who rec eived and circulat ed th ose speeche s of Ste phens, and of Toomrbs, the Ajax in C ongr ess of the Sou thern end pro-slaery w ing o f th e democracy? The Northern democracy received and circulated them. What did those speeches contain? They con tained the declarat ion that slavery was a divine institution, that it came from God, that it was right for one portion of the human race to hold ano ther portion in bondage; that slavery wa s a be neficent'institution, that it was a great blessing and should be extended all over the land, so that wherever the flag of our country should wave, there the white man should be protected in his property in his fellow-man. And there were democrats in my section of the State who took the ground that slavery was right; that it was a great moral and political blessing,,and that it ought to be extended through the Union. I must at least give them credit for their candor, however I differ with them in their sentiments aud principles. Now let us examine this subject farther. I hold in my hand a copy of the New York Day Book, a paper that was gotten up by the demo cratic party to counteract the influence of the New York Tribune. The democratic partyhave been trying to extend the circulation of this paper all through the free States-as it has now a circulation in the Southern States. And in almost every town and villagfe you will find some Democrat who takes this Daiy Book, regarding it as the organ of his party in the N~orth. The great State of South Carolina, the land &of palms andl oranges, the home of all that is chivalric arnd brave, the State where no mlan can A few years since we annexed to this country a large extent of territory acquiredfrom Mexico. lBy the laws of Mexico, every citizen there had the right of suffrage; it was a right that belonged to every one who was a citizen under the laws of Miexico. And no one will deny but what the treaty of annexation continued the laws then prevailing in Mexico, in full force over this acquired territory. Now there were, and are ye-t, a large population of mixed races residing in that territory-half-breeds of African and SpanisLi blood,&c.,and under the republic of Mexico they enjoyed the same privileges which the palre Castilian stock enjoyed. And under those Mexican laws which were in force after the annexation, the coal black negro had a s muc h right to represent the people of those territories in Congress and in the various branches of the territoria,l legislature, as the purest Castilian stock. But gentlemen say that is a different question. I say it is not, but that the same principle is in,voIred in the one as in the other. It is true that different circumstances will produce different results. The result in that case was brought about ty a stroke of the pen, which said that the laws of the old State should not be changed, and thus they were left on an equality, all enjoying the same privileges. Here, you and I have been raised differently, and educated with I 683 30th Day. Monday] EDWARDS. [February 23d S UFFRAGE RESTRICTED TO W-HITES. [February 23d [ new..a.traf..c. whichhasbeendl red p cy "Now, what is this thing-this negro importasince 1808. Aye, in the age of civilization and hi t ora Ition, or s,o-called'gsia-ve-trade," wich-i'i the moral christianity, as it now exists, we find a Dem- nd' olso-ctlned "sllve-trade,"u e te o ocratic Governor of a Democratic Sta,te, advo- enlilee r. Etheride assumes to e so eating the revision of the African Slave Trade. atrocious and inhuman? To coml)rehend it In regard to this matter, the following re what it is in trufl and reality, and not what tion w offered y r. Etheridge, of rnesol- fools and knaves have represented it, it is, of tion was offered by M~r. Etheridge, of Tennes. Tns course, essential to know the facts embraced irt see, in the House of Representatives in Washing it and their tru e relations to each other. And, ton a few weeks ago ~~it andl their tree relations to each other. And, ton, a few weeks ago: ton, a f ew weeks ago: ~first of all, negroes, isolated and left to them "Resolved, That this House regard all sug- selves, always have been and always must be gestions or propositions of every kind, bywhom the simplest, grossest, least advanced of all the soever made, for a revival of the slave trade, as forms of savage sm Without a re-creation, shocking to the moral sentiments of the en- without another brain, without a reconstruction lightened portion of mankind, or any act on the of the mental organism, it is, of course, just as part of Congress legalizing or conniving t t impossbl e that the negro can be anything else, 1egaliz~rug of that horrid and inhuman traffle, as it is to see without eyes or hear without ears, would justly subject the United States to the or to thrust aside or to change any other law of reproach and execration of all civilized and the Almighty. But thesenegroes,livinganidle, christian people throughout the world."!useless, semi-bestial life, generation after gene ration and age after age, worshiping their ob Against that resolution fifty-nine members scene gods, and offering on their bloody and voted, every one of them Democrats, except some smnoking altars the bodies of their wives and southern Know Nothings; and of these Dem- children, are placed under the care and tutelage ocrats, were three from the northern States, Mr. of a superior race, and become happy, useful, Florence of Pennsylvania, anicd Mr. Ileroert, and mnoral and Christian beings. And if we contrast 684 [90th Day. Ilonday] EDWARDS. SUFFRAG-E REST1RICTED TO WlITEIS. Monday] the present condition of the three millions in our midst with that of any other three millions in their native Africa, that now exist or ever have existed, the contrast presented will be acknowledged, even by the Abolitionists, as the greatest known in the history of human kindthat the well being of the former. over the condition of the latter is actually beyond the power of language to fully define or express. "Now, can it be possible, or is it in the nature of things possible, that bringing these negroes here is wrong? Can it be wrong to transform irude and brutal savages into useful and happy Christians? Or can it be right to carry these negroes back to Africa, to transform Christian beings into roaming, semi-bestial savages? "Yes," the "civilized world" say-"yes," say the toadeys and lacqueys of kings and aristocrats —"yes," say the upholders of European oppression-all those who desire to preserve artificial distinctions among those God has made equal-eves," say the deluded and debauched Abolitionists. and "yes," says moral and humane Mir. Etheridge! But this is only one side of the case, though it is abundantly sufficient to convince any sane man that a stupe ndous imposture is pra cti ced somewhere. "Ther a e are f ifty d egrees of latitude right in the centre of thiiscontinent, with a magnificent cluster of islands nestling, as it were, in the bosom of the continent, endowed by a beneficent Creato r w ith greater fertility than any other tortion; and, furthermore, which is the h ome, tlee centre of existence, the locale of certain producetion s absolutely vital to modern civilization, andl the growth and production of which are absolu1tely impossible without negro labor. Of course we cannot stop to show why this is so, but it is sufficient here to say that, in all human experience, white men have never grown the products of the tropics. Without negro labor the modern world would be, on this continent at least, without cotton, without sugar, without voffee; and, without these products, where would be American commerce, American civiliz>.tion, American power, in truth, where would be the American Republic? If we suppose a motment that negroes had not been brought from Africa, where would be the great states of the South, the magnificent sout'-h-west, Virginia, the Catrolinas, aye, indeed, lackadaisical Mr. Etherid-,e, where would be your own Tennessee, that you thus insult, had there not been negroes to go ahead amid the broiling sun and deadly malaria and prepare the way for the differently and inore delicately organized Caucasian? Where would have been the Jeffersons, the Masons, the iMladisons, the Jacksons, the men of Democartic ideas, who, themselves the representatives of labor, and united by the common interests of production with the toiling millions of the North, have fibught their battle agfainst British ideas an~d northern federalism? 'XIBut to return to the more salient points: X1 is ab~solutely certain that the great staples, cotton sugar, m~olasses, coffee, tic., are utterly ira. possible on this continen t without ne-ro labor, and these annihilated stricken out of being bthe abolition of "slavery," and the mos t genial and fertile portion of th is cont inent transformed into a desert, given over to i Africa n barbari sm, o r i f the negroes had never been brought here in th e first instance, th en it is, or it would be, utte rly imposs ibl e that this R epublic, or indeed anyth ing, even resembling it, could have an existence. We have said without a re-creation, without another brain, it is physically and morally impossible that the negro can be anythingat but a gross and simple savage. Certainly G-od has not designed him for an idle and useless existence. Even the most inferior and simple beings in the animal world have their uses, if we did but know them, and it is not only irrational but absurd to suppose that the negro was designed to remain an isolated and useless savage.And it is equally irrational to suppose that the Creator would have endowed the tropical world with its exuberant fertility only to remain a desert. On the contrary, having adapted the negro to the tropics-having ordained that his labor alone shall call forth their wonderful and exuberant fertility, and having, furthermore, adapted the negro to the control and guidance of the white man, with powers of imitation that almost supply the place of his own absence of mental capability, does it not follow, indeed, is it not, or was it not an imperative dutv that the superior race should thus apply the blessings of Providence, should thus bring these negroes from Africa and place them in relation with these regions and these productions so essential to human welfare and vital to human progress? "Thus, when honestly looking at the facts involved in this matter-the transformation o f millions of rude, use l ess, semi-beastial savages into useful an d happy Christians-the cutivaation of vast and fertile regions othe rwise, of necessity, barren deserts-the gr owth andc production of staples that c onsti tute the base of modern commerceand absolutely essential to mo der n civilization, and, grea test of all, t he development of democratic ideas, springing from that peculia r social condition termed " slaver e," an( the existence of af class called slaveholders, the Jeffersons and Jacksons, the men unr i valle d and unapproached in true statesmanship, who, bound together by the common interests of pro - duction, have de fended the ri ghts of labor for the toiling milli ons, a nd made a democratic system an actu al fact-pin view ofth these things, te era re st s these transcendan t results-these benef icent consequences-this mighty good —tiehe Afri can'slave trade,' and "American slavery" constitute the happiest conjuncture of circumstances that has ever occurred in human affairs. Nor are these benificent consequences, or any of them, the result ot' these general laws of Providence. which, overruling the ignorance or wickednzess of mortals, bring good out of evil. On the contrary, it is a demonstrable truth that bringing neqroes8from Africa was right and the restriction was wrong. It is now admitted by the Abolitionists that they have not prep I i'> 0 th I)ay. j C) 8 i'7) EDWARDS. [February 03d SUFFRAGE RESTRICTED TO WHITES. CLARKE, of J.-GIBSON-TRAER-PARYIN-GILLASPY, &c. [February 23d raising its horrid front, and ever muddying the waters of politics until it is finally disposed of. Slavery is wrong, and all the principles of truth and justice are upon the opposite side. And the day is coming, and not far distant, when the American people must come out and take broad ground upon this question. Whether it is expedient to give the unfortunate negro who is in our midst, all tlhe privileges we enjoy, I am not prepared to say. I hope and trust that some means will be devised to ameliorate the condition of this unfortunate class of people, For myself, I am willing to stand upon the ground that the noble Henry Clay occupied-never to use my influence for the extension of slavery. Mr. CLARKE, of Johnson, moved that the committee rise, report progress, and ask leave to s i t again. The question being taken, the motion was agreed to. vented th e im portation ofa s ingle African, while their efforts to do so have destroyed more than a mtillion of these, in their connection, unhappy beings. The happiness and well being of mankind demanded a certain amount of sugar, coffee, &c., and if the labor of fifty thousandnegroes was necessary to furnish these products, eighty thousand were shipped on the African coast so as to cover the thirty thousand killed by the interference of the I'friends of humanity." " Finally,. when society itself Was destroyed in the West Ind ies, th sae slave trade was, of course, broken up except in Cuba, where i t g oes on, and will go on until qpain, forced by England and trane, fulfills her threats and destroys societ-y in that island. For sixty years this cause and elfect have been uniform and universal. When ithe tr de was legal the mortality was eleven per cent; now, with all the improvements ill modern shipping and commerce, it is torty per cent; thus, whe n left atlone, negroes lived, when interfered with they died-the former was wrong and the latter right, therefore it is moral and -virtuous to kill negroes. Such is the reasoning o,+ the perverse and deluded creatures who. like tihis MIr. Etheridge, blindly and stupidly, and indeed wickedly, shut their eyes to the facts, and groveling in the dust at the feet of the flunkies .-ndlacqueys of European "lords" and "ladies" have no opinion of their own, but take on trust those of our deadly enemies. The PRESIDENT having resumed the Chair, The CHAIRMAN reported that the committee of the whole had had under consideration the subject referred to them, had made some progress therein, and had instructed him to ask leave to s it again. The report of the committee of the whole was received, and leave granted accordingly. Mr. GIBSON. In order to expedite busineSF, as there are no doubt a number of gentlemen here who would like to give their views upon this subject, I will move that the convention now take a recess until to-night at 7 o'clock. The question being taken, upon a division, it was agreed to, ayes 14, noes 13. The convention accordingly took a recess until 7 o'clock, P. Al. "In conclusion, it is hardly necessary to say received, and leave granted accordingly. that we do not advocate the re-opening of the Mr. GIBSON. In order to expedite business, so-called "slave trade." The question is, or as there are no doubt a number of gentlemen should be wholly a question of expediency, and here who would like to give their views upon while it has beea of immeasurable benefit to the this subject, I will move that the convention world and the existing form of prohibition is ow take a recess until to-night at 7 o'clock. utterly disgraceful to the American intellect, we cannot conceive of any possible condition or The question being taken, upon a division, it circumstances that would warrant or demand was agreed to, ayes 14, noes 13. its renewal." The convention accordingly took a recess until Now I ask gentlemen where they associated 7 o'clock, P. M. such men as these, when all their influence is thrown upon that side of the scale, how can they - get up here and say they are no more in favor of slavery than we are? I ask if that is possible NIGHT SESSION. in the nature of the case? It is the moral influence that is brought to bear in consequence of The Convention re-assembled ait 7 P. Mf., and the support given by northern democrats, that was called to order by the President. has led southern slaveholders to take such firm ground in regard to their peculiar institution. Mr. TRAER moved a call of the House. The roll being called the following absentees Now I hold that men can cease to be apolo- were reported: gists of slavery, and still sufler it to exist where Messrs. Clarke of Henry, ay, Emerson, arit is shielded by the constitution and the laws of Messrris, Hollingsworth, Johnsto ny,, Palmerson, Price, Tdarthe sovereign States that recognize it; we are ri ollingsworth,Johnston,Palmer, Price,Todnot required to apologize for it. And if men hunter and Winchester. are found in company with slavery propagand- On motion of Mr. PARVIN, ists, and vote to sustain them in their arrogant Mr. Todhunter was excused. demands, are they not aiders and abettors of the On motion of Mr GILLASPY system of slavery? They cannot escape that is excused. conclusion.; iNlr. Harris was excused. conclusion. ~~~~~On motion of Mr. ROBINSON, This question of slavery is an important, a n motion of r. ROBINSON, momentous question. And, however much we Mr. Day was excused. may endeavor to stifle it and throw it off, it will Mr. PETERS moved that Mr. EMERSON be be found, as we glide down the stream of time, excused. i I 68(i [30th Da,y. Monday] Iii Convc7itioiz. SUFFRAGE RESTRICTED TO WItITES. CLARKE, of J.-EDWAR)DS-PETERS-WILSON-IALL, &C. horse of the last canvass, and went into one of , the wild philippics which we heard so often I during the last campaign, I felt that if this was to be a "free fight," I ought to be there; so that habit rather thau anything else has inrduced me to ask a few minutes before this committee this evening. I stand here in the minority of this conven tion. I stand here as one representing the De minocratic party of this state. I see rising around me gentlemen who say they have acted with that party in times gone past. Sir, I have acted with that party all miy life, and in looking over its history I have seen no cause to regret it. Nor do I see any just cause for casting as persions upon it. Gentlemen now acting with a party scarce one year inaugurated, a political organization which has scarcely retained its name long enough to be called by it, having had within the last three years, certainly three, and I am told, four political names, stand up here and attempt to traduce a party which had its origin with the government, which has stood the test of time, which has been the originator of every great measure which this country has ever adopted-the party which has originated every step in the march of the country on to glory. They attempt to throw their party slang at the party of which I am a member. They change their name with every moon, and have threatened already upon this floor to change it again before leaving this chamber, unless cer tain m easures shall be adopted. The party to which I belong needs no vindication before an intelligent world. It has stood too long; its history is too well known ta he assailed by a miserable pop-gun. Upon this motion- Now, sir, I have a few words to aay, not par Mlr. WILSON demanded the yeas and nays, ticularly in reply to the gentlemen, but they which were ordered. will perhaps amount to. a reply, and I shall take The question being then taken, by yeas and my own way of saying them And if I call up nays, the motion to adjourn was not agreed to; a few scenes that have passed, they will at least yeas 10, nays 19, as follows: 1 pardon me if they do not recognise an old ac Yeas —Messrs. Clarke, of Johnson, Edwards, q Johnston Peters, Robinson Scott, Skiff, So- It has been but a few years since this country mon, Warren, and Young —10. wras divided into two gret political parties. Four years ago that was the condit'ion of this 'Nays-The President, Messrs. Ayres, B.,qnker, country. There was one little insignificant Clark, of Alamakee, Ells, Gibson, G.llsspy, party that polled about sixteen hundred votes in Gower, Gray, HIall, Marvin, PaIrvez) parvin, Iowa. That was the party of the old school Patterson, Price, Seely, Traer, Wilaon, and Abolitionlists. They wele then too insignifi-ant WV,inchiester. ywie W~~~~inclhester. ~to command the respect or appreherisiou of The convention then resum;,d in committee of any one. the whole [Mlr. Gillaspy ic'ohe chair] the con- In those days we had., the old line Whlg party sideration of the report ~f the committee upon and the Democratic party and ever since my the right of suffrage, recollection the country has been divided be MIr. HALL. Mr. Clairman, it was not my tweer those two parties. In those days we had intention to open my lips in this discussion; and national contests. In those days we had quesperhaps if wve had not met here this evening I tions upon which the South and the North sev should not h1ave (ione so. I might have allowed ered, when each county, each township, eac.l, to pass the curious abolition speech of the gen- neighborhood, throughout the broad lands North tleman frow- Henry [MIr. Clarke], and the second and South, East and West, was divided. And' Declaration'f Independence by the gentleman in this division inquliry was not made, whether, fromn Scott,Iir. Ells], but when the gentleman the candidate lived'in tis state or that, sputl, f rum nucas [lIr. Edwards] mounted. the war of this line or nQor'? f thatline, 687 30th Day.] [February 23d Monday] SUFFRI,AGE RESTRIICTED TO WHI1TES. HALL. The Whig party of the North and the Demo- but will charge it, as I charge it, with being uncraltic party of the North looked to the South true. I say it is the universal sentiment, the fo)r their victories. The Whig party always universal feeling. There may be a few excep-arried Mlaryland, North Carolina, divided the tions; but we always prove a rule by exceptions conquest with us in Georgia, always carried everywhere. Then go to the south, and you will Kentucky and Louisiana, and frequently van- find there a feeling of the opposite character. quislied us in Tennessee. Our institutions, our laws, and our purposes, When the news of an election came, from as declared in our public records, and our pubNorth or South, if it was a Whig victory, the lie meetings, prove that we are opposed to the \higs unanimously went out and built their institution; while at the south, their institubonfires and fired their cannon, without stopping tions, their proceedings, and their records, show to inquire whether it was a victory of the North and establish the fact that they are in favor of or a victory of the South. A victory in Georgia it. If this nation is to be brought into conflict, was as good as a victory in New Hampshire. A if this universal sentiment, which prevades the victory in Tennessee was as good as a victoryin north, is to be brought into collision with the Indiana. No inquiry was made, but all united universal sentiment which exists in the south, a in the great fundamental principles, and rejoiced; fig for this Union! Make that the single issue; in the victory, from whatever portion of the bring these two popular and exciting opinions Union it came. into conflict with each other, and the constitu tion would not be worth a rusk. It would not This was the character of the parties under lation would not be worth a rusk. It would not which I was educated and raised. This is the last a single hour. And the institutions cf our character of the party to which I am now at- fathers, and the constitution which called forth tached. Gentlemen who call themselves Dem- their wisdom, would be blotted out almost by ocrats, who have gone off into these miserable the second generation, blotted out and annihisectional questions, have lost their Democratic lated forever; and this glorious UnLion, now the faith. Thes are no longer Democrats. Hiow abode of liberty, this example to the world, this stands the question now? Men talk about hope for the oppressed throughout all nations, ~~~~~~~~~~~~thstbacn..ihtt the loverto nof lierty l wbere their devotion to liberty, who stand with their this beacon,light to the lover of liberty where daggers ready to strike at the very vitals of their oppression drags man to the very dust, would country. Men claiming the name of liberty, be torn into fragments hostile to each other, stand up here before this convention, and de- and disbanded, never again to be gathered tonounce with a vehemence, bitterness and wild- gether. ness, one-half this great nation; take positions This is the position which the Demoratie rendering it impossible that they should ever party stand upon. They say:-Ve have made Iraternise; appeal to low, unnational and most a contract with the south. That contract has natural appehensions excite passions and been sealed with the best blood of the revoluiinnatural apprehensions; xiepassions and tion, and was again most solemoly declared in prejudices: and bring on hostile feelings be- tion, and was again most soleerly declared in pween the north and b gsouth. Thest e feegsentib- the constitution of the country, that upon this weents wthe finorth and nowuth. The, sir, ifare the senti- had a great question there shall be no politics betwixt menrty horse pos wer engind now. Why, ir, if they hacould not drag us. Let it alone. Touch it not. That is the ft o rty horse power engine, they could ot drag language of Democrats, both north and south. t hese principles across that particular line they This question shall be buried deep in oblivion. tsw for they crossed it. Yet they c all thems The institution shall be local, and depend upon its they crossed it. Yet they call themselves tepol ciga epei hi eea :Uepllblican~s. So be it. the people acting as a people in their several ThedistinctSon bet ith. capacities wherever they may be associated as a he distinction between this yetr-anpeople, whethe in a State or Territory. To ,,ld i'epublican party-it is not old enough to that tribunal, the tribunal of the people in the b~e weaned vet —and the Democratic party, s e weaned vet-and the Demoratic party, State or Territory, wherever it is sufficient to grows out of the fact that they are at this mo-settle the question, it shall be left, and the peouent a mere sectional party. And let me point I ple of the States, north and south, in Congress, out to you for one moment bow the Demrocratic or out of Congress, shall not interfere with it, party may claim their nationality, why they can shall not touch it TheDemocracy of the north shout for victories south and north, asthe hve and the Democracy of the south unite upon that ever done; why they can stand upon the pla,t- iprinciple. It is the principle which will hold form which has carried them through all the iour constitution togethler. It is the principle difficulties, trials, and tribulations they) have which will prevent this Union from being sevencountered since the nation had its birth. ered; and it is the oiil one. Here we can It is a truth, which no man can deny, that meet. The south say:-'We want nothing to do there is a universal sentiment in the north, in with this question. That is the language of the opposition to the institution of slavery. And Democracy of the south. It is the language of the man who charges that we, the Democrats of the Stevens, the Toombs, and other Democrats the north, sympathize with slavery, or are friend- of the south. This is the language of the Demly to it, utters that which is untrue. It is un- ocrats of the north. We will leave this question true in point of facts, and I will prove it untrue where it belongs, to the tribunial and forum of by the testimony of every Democrat in the State the people. That, sir, is the Democratic docof Iowa; and you will not find a man, unless he trine. Thus we can unite, as we have always it an interested partisan upon the other side, beenunrted. Our politics pervade every county, 6 [19)Otli Day. .Ilonday] [February 23d SUFFRAGE RESTRICTED TO WHITES. [February X3d ism! WAonderful fruits of liberty, these! When it suits their purposes, they are in favor of the largest freedom; and when it suits their purposes they can draw the chains as tight and close as the southern task-master. They have a wonderfully independent way of doing business. No w, sir, I, as a Democrat, and the party with whom I act, have been struggling, and arguing, and debating for the last two years, in order to secure the liberty of white men after they leave aur State, to implant it as an eternally fixed principle of our institutions, to say that a man who lives here and passes into Nebraska, upon the West, or Minnesota upon the North, or who goes to Oregon, New Mexico or Kansas, is protected, when there, by the broad flag of his country, and still retains those rights regarded as inalienable by every constitution in the United States, and by the Declaration of Independence. RAnd yet we are called the slaveocracy while the party constantly denying him these rights, quarreling to take them from him, and to reduce him, to some extent, to a state of vass alag e and slavery, claims to be t he only party in favor of liberty. Now the se are tr uths. Here is the recor d. tiere is the history. It proves this beyond a peradventure. This is the issue t he tw o parties are maki ng, and which has been presented to the American people during the last year. No w, sir, I say tha t they havle pres en t e d fa lse issues, unjust issues. They have arou se d a hu rric a ne of fury a nd excitemenlt, and have denounced the D em ocratic party as guilty of things whi ch it ne ve r ha s be en guiltv of. They ha ve taken the acts of a few person s, located in Missouri, and going into Kansas, violating and trampling upon law, and have absolutely charged them upon the Democratic party. Tha t i s not fair. The Democratic party are no t responsible, nor have the y ever b een resp o nsible, for these ac ts. They have never approved those acts. And because there is a violation of law unknown to any, bec aus e there is great vt iolence by a single i ndividual when no person was consulted and no person justified it- that has all been thrown upon t e te i the integrity of the Democratic party. Gentlemen have made all the capital they can out of these things. The ti me is past. History has satisfactorily explained th ese mcatters; and the Democratic party now stand clear of these reproaches which it never gave occasion for, and which no tongue but that of slander could ever have uttered against them. The democratic party believe in State rights, and I have heard that word mentioned very favorably by many gentlemen upon this floor, who hold opinions different from mine. The democratic party believe in the constitution of the United States. They believe that to be a noble compact; a compact that will last, and last for all coming time. They are entirely satisfied Edith the provisions of that constitution. They are entirely satisfiedt to be governed by the principles which the constitution has said shall govern them. Thley are entirely satisfied that when ,any questions arise uinder that c~on~stitultion, or every township, every point, and every hermitage throughout the broad land, because this local question, this question upon which there is :t divided sentiment, divided by a line, is thrown out of the question with us. They do not ask us of the north to extend slavery, but on the contrary say that they will not themselves extend it. We of the north say that we will not extend it, and they of the south say-you shall not extend it; and neither will we. They are as fixed upon that as any one, or any party can be, and so are we. Hence we continue our old relations with these people. We stand as we did four years ago. We stand as we did eight years ago. We stand as we did twelve years ago. And we can have a victory in the South as well as in the North, because it is a victory wi hout this agitating question of slavery in it. te can fraternize with the people then as we have ever done. This is the reason why we are called by these flippant speakers, the slaveocracy of the country. It is because we discard this agitating question. It is because we wish to turn it over to the people to whom it belongs; because we wish to take from the people of this State the power of governing the people out of the State. This makes us odious to these modern Republicans. And IT want you to bear it in mind that they are Republicans, for you will forget it, sure as the world, if y ou l ook a t their conduct. The D emocrats, North and South, say to the peop le of the territories, in regard to their local i nstitutions, you sha ll have the right of deciding this qu es tion for yours elv es. We d ivorce ourselives from that question, living here in the States, and w e tur n it over to the people of the territories. Modern Republicans say-no; when you get into the territories you m ust not govern yourselves; you are incapable of that; we fear you will do something we do not want you to; andc so we Republicans will govern you. That is the doct rine of this new. ly manufactured party. That is the doctrine of gentlemen who make such imperturbable speeches in favor of freedom. How is it. here in Iowa-t? I could revote a volume of the getlemen's speeches, sayin,: you are endowed, even if you are a negro, with certain inalienable rights, among which are life, liberty, and the pursuit of happiness. l,et a man go to the western boundary of the State, to the Missouri river, and he has all the endowments; he is perfectly able to govern himself; the folds of the Declaration of Independence .:hield him, and the eternal laws of God, of which the gentleman from Henry, [5[r. Clarke,] speaks, still stand over him. HIe stands there with all the attributes of man; but let himn make one solitary step, and he becomes a babe, and comes under the tutelage of modern Republicanism. That is the history of this matter. They are unwilling that the white man in the territory should govern himself, and they seek to retain the power in Congress to govern the people in spite of themselves. And yet this is called Republicanism. Wonderful RIepublican 30th Day.] 69 3toiii,day] I-IALL. SUFFITAGE RIESTRICTED TO WIIITES. an act of Congress, or a treaty, or an act of an cause sympathy is the most powerful of all pusofficer under the general government, the tri- sions and all feelings-why appeal to them unbunals which that constitution has pointed out less he expects to derive support and aid in aun shall be appealed to for a remedy. And when attempt to remedy the evils which he pictures? these courts, under the constitution, have deci Nay, he says he would even shoulder his musket ded in accordance with that instrument, we be- and go there to resist any attempt at interfeblieve that it is the duty of every citizen to stand rence. Why does he call upon us? that is the by them as the constitution and the law of the question. Is it because, forsooth, he vwants to land. We are a party of laws. We are a party excite these wild prejudices against his native of constitutions. We believe that wherever land? Is it because he wishes to encourag(e there is a violation of law there is a remedy upon the part of the people of the north, a hLaMfoire than sixty years h.ve expired since that trcd of such monsters as the friends of his youth constitution took effect, and at sea and upon and his early home? Is it because he wishes to land, whether at home or abroad, it has been a excite a hostility against the south? There shield of protection. It has protected the Aner- must be some purpose, some object. Hie admits lean. It has protected every one who has taken that the constitution is a complete and perfect shel er under its flag. In Europe, Asia, Africa, barrier against our interference; that we have or whetever that flag has been rightly appealed no right to raise a voice or a handl against the to upon this vast globe, it has sheltered land oppressions and wrongs and outrages that he protected the person who has appealed to it. has pictured. They must stay there, for all that We believe it is adequate to protect any wrong we can do, for all coming time. tie concedes all or any outrage that may be inflicted against us. this. Then why this appeal? why this wild It provides a peaceable remedy. It provides a outcry, if they are beyond the reach of tur exremedy as perfect as human laws or human in- ertions? Sir, it is to get up a hatred, an anstitutions can provide. Wrongs are redressed til)athiy, a war, a hostility, in the minds of the with more ease, more speed, more certainty, in people of the north, that will ultimately bring this country than in any other country which on collision, that will ultimately bring on civil ever existed upon the face of the earth. Reme- war and bloodshed. It can be for this, and for dies are more easily obtained here than they are nothing else. or ever have been under any other government The gentleman entertained us with a little atrupon the face of the earth. We have a machin- tidcle firom the Daoy Book. I never saw a number ery so arranged that the lowest, the most hum of that paper in my life. I lhave heard of the ble individuals can appeal to the government, paper, but the nearest I ever saw it, was in the and is sure to obtain a remedy. gentleman's reading. How far it may be a lead Yet you find that this constitution has been ing paper in New York I do not kuow. Now assailed. You findgentlemenupon this floor who when the gentleman charged the sentiments of are unwillitg to abide by acts of Congress passed. that paper upon the democratic party, was that a under that constitution, and to leave it to the fair induction? Was it generous for him to read constitutional tribunal to decide whether these from a single number of the Doy Book, and then acts are constitutional or not. You find gen- charge the entire democratic party with entertiemrnen upon this floor in open hostility to some taining sentiments of that kind? Does that provisions of that constitution, and to laws pass- gentleman not know that the attempt to revive ed under that constitution. I allude to the fu- the African slave trade has be(n put down by gitive slave law. The law of 1850 is not more the legislature of South Carolina, by a vote alunconstitutional than the law of 1795 was. That most unanimous? Does he not know that it lawt was passed under the recommendation of has been met with repudiation in Congress itWashington. It passed in a Congress composed self? Does hernot know that not more than of many of the very men who framed the half a dozen members voted against the resoluconstitution; and it passed that Congress with- tion which he rea,d here? Does he not know out a dissenting voice. Yet after sixty years, that the opposition to that is everywhere almost after it has been declared constitutional by the unanimous? that it is indeed universal, there highest tribunal of the country, you find men being hardly enough exceptions to prove the rising up and appealing to the people, going be- rule by? Why then charge a doctrine of that fore them to produce a revolution, a comnplete kind upon the democratic party? Would it be change in the construction of the constitution, feir for me to charge that gentleman with enterand in its manifest meaning. These things are taining the sentiments of the person reported to true. be the author of the resolutions adopted at the Now I am sorry that the gentleman from Lu- Philadelpliia Convention, who says that he cas, [Mr. Edwards,] is in this State against his'" looks forward to the day when the toi ch of will. I am sorry to learn that he has been ban- the incendirry and the avenging brand of the ished from his native home. He has drawn a slave shall crimson the soil with blood, and (1picture of his native flag, and he has told you though he may not wink at their calamity nor the horrors, the terrible horrors, of the iustitu- laugh when their fear cometh, yet he shall retions maintained there. Why is this picture gard it as a just retribution from Heaven?" drawn? Is it to excite our apprehension? or is Mr. FDWARDS. Does the gentleman allude is because we can remedy that evil? Why up- to Mr. Ciddcliags, of Ohio? peal to those passions of the human heart-be-l Mr. HALL. I do. 6 9 0 [i')'Oth Dav.I [February 2ld -illonday,l IIALL-EDIVARDS. SUFFRAGE RESTRICTED TO WIHITES. _Hi.kLL-EDWARDS-ELLS. submitted to them, I would not hesitate a moalent. My path of duty would be plain and clear before me. But gentlemen say that the people do not want it. This is admitted by every speaker here. The gentleman from Scott [Mr. Ells] if I am not mistaken, said that he should himself vote against it. Mr. ELLS. Will the gentleman allow me to correct him? I did not state, at least, I did not intend to state, that I myself would not vote for it. If it is a question made outside of the constitution, I shall vote for it if I vote at all. I did not -ay that the people did not want it. I cannot say that. I said that I did not believe the people would vote for the constitu tion if that word was in it; but I did know a very large and respectable portion of mny constituents who would vote for this, if the ques tion were asked outside of the constitution; and so believing, I was anxious to give them an op portunity of doing so. That is all. Mr. HALL. The gentleman has admitted now thitt the people do not want it-that he does not believe they want it. He has admitted that a ' large majority of the people will vote it down, and thus declare that the question ought not to have been submitted. The gentleman from Henry, [LMr. Clarke,] made this same honest confession. They dare not risk this question in the Constitution, however much they may be attached to it. The time has not come yet; the abolition yeast has not worked enouigh yet to justify even the gentleman from Heniy, with his sanguine feelings and ardent temperament, in believing that the majority of the people want any such thing. Yet this is the Republican par ty! They only want to make a beautiful little cradle to rock Abolitionism in, in order to keep up agitation. If that is not their principle, I e ave looked for it in vain. Conceding, admit ting that the majority of the p.ople are hostile to the principle presented here, it is to be thrust upon them against their wishes by gentlemen claiming to be the particular friends of the peo ple. This is a beautifuil thing, sir; is it not? Why should these ii dividuals-these old iron sided Abolitionists, who have produced more mischief, who have bound the chains of the slave tighter, who have injured the cause that they have espoused, and notoriously so, all their lives, more than any other class of nien-why should they claim to be the special guardians of the objects of this Convention, and the cause of what I believe to be a miserable minority? They propose to speak the voice of the majority; they proclaim vex vopuli, vex Dei; and yet they will step aside, in derogation of what they know to be the voice of the people, and insist here upon what they believe-they have said it and cantnot take those words back —to be against the voice of the majority. They insist that this abolition bantling shall be thrust before the people, to ag itate, andl to keep up this continuous sectional excitement, to stir up mlen of the North aganilst their brethren of the South, to unloosen the b;onds of thlis Unlion, to tealr dlownr out' inlstitu MAr. HALL. Mir. Chairman, Mr. Giddings has uttered sentiments which he has never disavowed, quite as atrocious as these. There was a le- din, man in New York who prayed that he might live to,ee the streets run middle deep in bloc)od, and said that he should look on with complaisance, for a just avenging God would do it. I (lo not charge that upon the gentleman or his p)irty. Another said that he could spit upon tile grave of Washington, and denounced him as a scoundrel. I do not charge that upon the gentleman. There was a preacher, but a few dlays ago, I see by a paper before me, a leading Republican in Massachusetts, who said: An( at the same time he was r idi ng about the cou,ntry- in close connection with another man's wife. Now, if it is fair for the gentleman to h~trfl upon the Democrats the sentiments to w\hilct he refers, it is equally fair for me to charge Republicans with all the misdoings and outrageous sayings which every one has noticed upon the part of Republicans. I will be more generous than the gentleman was. I will not charge it upon them. I could go on. I can add to the catalogue as long as he can. We have fools in our party, too, men who act with us sometimes, and who have no discretion; bult tihey cannot endow the Democratic party with their errors -end their follies, any more than we cani tile liberty party with the wild indiscretions and the treasonable doctrines of some of their leaders, who have managed to keep upon tile surface of the party, much against the will, I h.a-ve no doubt, of the majority of the voters in their ranks. The question before us is simply whether we, as a convention, forming or amending the constitution of our state, for that is our purpose, shall submit a question to the people which is :iot an amendment until they have acted upon iv. It is the question whether we shall travel out of the usual course, and being dissatisfied told disagreed ourselves as to what ought to be (toie, shall refer the matter back to the people for them to decide for us. If this was a ques- tion upon which there was any difference of opinion as to the views of the people: if it was a question which the people wanted to hatve 1 1 30th Day.j 691 Moii,day!I [Febrttary 23d ,Atr. I-"DWIRDS. I state, then, upon the autlioritv of' tr. Giddings himself, that he has used no sticti Itin,tia,e, that the report which tti(,, etitleiuan quoter. is garbled and false. It was (1,ioted in Congress not long since, and Mr. Giddings gave it a flat denial. " We li-,tve compelled Buchanan to go into the Ilresi(,'tency with biit a small majority, and undeizi, protest from the Christi,,tnity, the intelligence, ,i,nd the decency of the inorth." If the gentleman from Lucas [-.Ilr. Edward,-,] ba(i discussed the question before the convention at all, I should have discussed it. Fle sat (I,)wn, and I did not know which side of the (IA,-estion he was upon. But I knew which party he belonged to. SUFFRAGE RIESTIRICTED TO WHITES. vody EDAD-IAL [Fbur 3 tions. It appears:to me that there must be something elementary to their party in this matter; that they cannot get along unless theyfeed up this bantling, and keep it as one of the allies of their party. But when gentlemen are charged with being Abolitionists, they fly in my face. My friend from Lucas, [Mr. Edwards,] would not like for me to say that he was an Abolitionist; but I think he is sliding towards their little camp quite rapidly. Take another step or two and the gentlemen will be as good Abolitionists as Gerrit Sm.th or Wendell Philips. Abolitionism is fitting up its cradle to rock them to sleep in, and will have them before 9 o'clock. .i[r. EDWARDS. [In his seat.] I guess not. 5Ir. HALL. I do not mean this night; if I had meant to-night I should have said that they had got into it before seven. The truth is, that this little band of Abolitionists, sixteen or seventeen hundred in this State, are sturdy fellows. I have known them for years, and would not doubt the honesty of the large majority of them. In 1850 the Abolitionists and Whigs united would have carried this State. The Whigs bid for this Abolition vote; they nominated a man out of their party, by the name of Alison; and they adopted resolutions nearly up to the mark; but that party stood firm. Finally, in 1856, the Whigs made ajolly rush, and all went over to the Abolitionists, were rocked in the same cradle, and have fought the same battle, cheek-by-jowl with them, ever since. And now if they cannot reconcile the Abolitionists t, themselves, nor themselves to the Abol itionists, why need we be surprised if there should be a revorution among them even in this convention? The gentleman from Jones [MNr. MIarvin,] tells them that if they will not make the negro equal, and adopt the principles of bona fide Republicans, he is off. And so with the gentleman from Henry, [Mr. Clarke,] I believe. Anything short of old fashioned Abolitionism would make him secede. Either he, or those whom he left, would have to get a new name. This is the way they stand. This is the doctrine. The bantling which they have got up here, is thrust into the faces of the great mass of the people, and they are called upon to vote against their wish and their will. A proposition which it is conceded will be voted down, is to be the bait with which they are to back up these negro voters. That is the whole story-not to waste words about it. I do not believe there is any man in this convention who thinks that the majority of the people will vote in favor of this measure. I do not believe there is any one in the convention who would put it into this constitution. I believe the gentleman from Henry himself, [Mr. Clarke,] said that if he had the power to strike this from the constitution, he. would not do it. It was not because he was not devoted to the principle; because he can beat Samuel Howe? in his attachment to the negro population, but still if it depended upon his vote ho would not strike that w ord from the constitution; and why? B ecause it would violate the public senti ment. But he congratulated himself with the belief that the time was coming; nay, he went further, and sad it should c ome. It shall be so. He said, God has made onit so, and it must be so. He assumed the sacredotal shape, and became the organ of Heaven, to say to the people what its decrees were. Now I may be entirel y mis taken, but this looks to me a lit tle like fanat icism. It looks to me as if men wanted to ap pear to be prope hets, when in f act th ey have nev er been acknowledged so, eith er a t home or in a foreign country. My o pinion may be worth less to everybody but m y self, but I do not be lieve the day i s anywher e near, indeed I do not believe it wi l l e ver come, when the black pop ulation and the white population of this country will associate together, e ither as p olitical or as social equals. In on e thing I feel the utmost confidence; andth i that is, th at if that ti me shall not come unt il you, Mr. Chairman, [Mr. Gil laspy,] shall be one of its champions, we have a considerable respite at any r ate. It would be out of order to arg ue the question of the propriety of admitting this population upon an equalit y with the white race. Strike out the word'white" from the constitution! I woul d as soon strike the word out of Webster's dictionary, as strike it out of the constitution o f my country. The gentleman talks about principle, and about following it w he rever it may lead. lwh y t he n doe s the gent lema n limit this right of sup frage to white male persons, who are twenty one years of age? Does not this bill of rights say, that all persons are equal? Are not women persons? Are no t minors persons? And are they not created equal? And yet minors and females are excluded from the privileges of other citizens. Our bill of rights, if it does not in clude them, according to the doctrine of the gentleman, is a libel upon the principles of our government. I would as soon-indeed I would a great deal sooner-trust the females of this country with the right of suffrage, than to trust the colored population, Indians and negroes, with this right. The gentleman scouted at the idea, that by opening the door here, and making a constitu tional equality between the blacks and the whites, opening every avenue of the government to the negroes, we would affect our population. Such an event would not happen immediately, and would not be brought about in a day. But I would ask gentlemen, when all the surround ing States form their institutions so as to pre vent the black population from emigrating to them, or living in their midst, and we open our doors to them, would we not have a great influx of that class of population among us? Would we not have our State filled up with that class, when they are secured greater rights and pr'iv,ileges here, than in other States? ;The gentleman in the course of his rem~arkis ; complimented Vrirginia. I lwant to show you L Ihow we would get this class front that state, to b f t i t i I I I s I C)92 [30th Day. Illoit,iday] EDWARDS-HALL. [February 23d SUFFRAGE RESTRICTED TO WHITES. whose noble constitution the gentleman referred. climate in which they can live, but they comI will read you a single passage from the consti- prise a class of population to which I do not tution: wish to extend an invitation to settle in our "Every white male citizen of the common midst. wealth, of the age of twenty one years, who has If a foreigner comes here, you can make him, been a resident of the state for two years, and under our laws, give security, if he is liable to of the county, city or town, where he offers to become a public charge, and you can send him vote for twelve months next preceding an elec- back to another state from whence he came, if tion, and no other persons shall be qualified to he was a resident of the same. Mie must revote for members of the General Assembly and main here five years, and take an oath to supall other officers elective by the people." port the Constitution of the United States, and They struck out the word "negro" here in the prove his character and fidelity to our instituvery next breath, aftter they have subscribed to tious, before you allow him the right of citizensuch a glorious sentiment as that, to which ship, and before he is entitled to that privilege the gentleman called our attention. which you are willing to give the negro at once, I find also, that and as soon as he steps over the line. "Slaves hereafter emancipated shall forfeit How gentlemen who have found the evil of their freedom by remaining in the common- foreign emigration so great as to make all forwealth more than twelve months after they be- eigners ineligible to office, and how gentlemen came actually free, and shall be reduced to sla- who have taken an oath to put down the native very, under such regulations as may be pre- born citizen, in consequence of the peculiar rescribed by law." ligioni in which he was nurtured, and in which MNost of the slave states have a similar pro- he was educated, can cling with tenacity to the vision to this, that all slaves set free must leave eligibility to citizenship of the Ilegro, anl advothe state within a limited time. If we open cate the doctrine of inviting negroes to become our doors, as the gentlemen propose, our state citizens of this state, and to make them such will become the Liberia for the refuse colored upon six months residence, is more than I can iopulation of all the southern states. To say account for. But changes come over the cpinthat the mingling of the two classes would not ions of people, for which they cannot give any tend to produce amalgamation, would be to good reasons. deny the laws of nature. We know from the Questions of this kind.omne up and last but very best evidence, putting it beyond the power for a day. I do not believe that the nmania upon of contradiction, that the mingling of the two the slavery question, which is now exciting the races would produce a leprous, diseased class of public mind, and in consequence of which tle people, feeble and short-lived, as compared with mind of the whole country is taken up with the either of the pure white or black races. Why negro question to the exclusion of every thing (lo not the free negroes go to Connectiscut and else that really pertains to the progress and Massachusetts1? There is nothing to invite them welfare of the country, is to smother up every there; for they have not the skill to become thing else. I do not believe that this single manufacturers, and they cannot go into work- isolated question is, in the future, to assume the shops and perform work with the skill of the supremacy over the public mind, that it has white man. They are indeed sunk in deeper exerted for the year or two past. I think that degradation in Massachusetts than they are in other matters will command the attention of South Carolina. the people, and I think that they will ere long At an early period in the history of the coun- turn back to the issues which have heretofore tur bagitate the psubl wichmn have wlthenregifor try one hundred and fifty of this class were agitated the public mind, acd will then begin brought into the state of Maine. Ito look to the success of measures which will There are no a few of their descenants left tend to advance the interests of this great na and theyre are dwindled down into mere descendantrfs left, tion. They will regard the black population in and they are dwindled down into mere upon this land, and whiles the light of a curse upon this land, and while and the whole r ae rhas become dimished b y they look upon slavery as one of the evils that the rigors of the northern climate. afflicts us as a nation, they will look to some New England is not adapted, from the busi- other means than hostility towards the south to ness in which it is engaged, to employ that remove it. They will not tolerate those feuds kind of labor; and the negroes are not treated and excitements which raise the hand of brothere with that degree of kindness that is found ther against brother, father against son, and in practice in some other states. Look to Cana- that create a gulf of discord between the north da, the great point to which the black race has and the south. They will look to the Farewell emigrated, and to which the abolitionists are Address of Washington, and ponder carefully running them daily. The people of that province the words of warning which he uttered with a are petitioning Parliament to send these negroes prophetic voice, when he pictured before us the back, for they consider them a curse to the very crisis in which we are now placed. He country. w warned us to guard against internal dissentions Canada, in my estimation, will soon cease to tand jealousies, for, if suffered to arise in our become a desirable place of residen'e for these midst, they would prove fatal to the success and iegrees. In the south Ipart of Iowa we have a' perpetuity of the Union. 30th Day.] 693 IIALL. [February 23d BloiLi,day] SUFFRAGE RESTRICTED TO WHITES. [February 23d NWhat would gentlemen say? Here is a public sentiment acting in accordance with the true sentiments of the South. and saying that terri tory adjoining northern and western States shall be made into slave States. Would the North say it was all right? It strikes me that even the North, with all its cold and phlegmatic tem perament, would not quietly submit to such a state of things, but would resist any such dictation. I think when the South should undertake arrogantly, by force of numbers to act against the North, we would find that the North wou.d resist any invasion of their rights. I, for one, would resist any such claim, and they should not by force or power, while the constitution remains as it is, do any- such thing. I should feel that the constitution of my country was trampled under foot. Yet there are persons at the North who are doing this same thing, and they are endeavoring to control the South in that same manner. If this state of things continues, a collision between the two sections of the country is inevitable. Wehave had already the premonitary symptoms developed among us, and we had last summer almost civil war entailed upon us, by bringing the mere fragments of this sentiment iuto contact, even in our remote territory. The virulence, hostility and cruelty manifested there were but a drop to the great ocean of blood, which will f lo w i n the event of a civil war between the two sections of the country. The exitement manifested at t h e No r th produced a correspond ing e xciteme nt at the South. Bring on a collision between the South an d t he North, and no mi an can tell where it wi ll end. But in my opinion those partisans who have be en forem ost in (c reating feelings of hostility on the part of the North towards the S outh, and who have been filling the public ear with false impressions with regard to the people of the South, and who refus t et te to let the pe ople of the territories settle the slavery question for themselves, for th e p urpos e of getting up a feeling be twe e n the t wo s ection s of the country, will find their occupation gone, for the good sense of the people ever'where, all over the land, will rise up in rebuke against them. This excitement cannot last always; and this party that now seeks to array one section of the country against another, will soon have to break up or assume another name. They have already had three within the last three years, and they will have still another before the end of another year. Mr. GIBSON. I did not intend to make any remarks upon this subject. I had supposed, from the course that gentleman had taken in the outset, that this question would have been settled without debate. But it seems to have taken a very different course, and gentlemen have been disposed to prolong the discussion to an indefinite extent. I suppose, however, it is a privilege, when we go into committee of the whole, that persons claim, of of taking a very wide range in the discussion of a subject. I supposed from the remarks of the gentlemen from Johnson [Mr. When the gentleman, [MNr. Edwards,] men tions the name with so much complacency, he ought to recollect that he said that a strife between the two sections of the country would be treason to human liberty, and a knell to the U ion. It is said that Jefferson, seeing the state of feeling between the north and south, died despairing of a long continuance of this ULilion. Gentlemen should consider seriously these things. As American citizens, as patriots lovin-( the constitution of our country, as men who have sworn, since they entered this hall, to support it, we should not be found here exciting a feeling that is sure to tear asunder our glorious constitution, and destroy the institutions which have been reared under it. We ought to hesit.:te in our mad career, and see what we are doing. If I believed half the gentleman from Lucas, [Mir. Elwards,] has told us, I should believe that the people of his native State were the veriest wretches on earth, unworthy to live in a free country, people with whom we could not associate without contamination. He drew a vivid picture of the cruelties practiced by our southern brethern upon their slaves, but before he got through, he told us that these were exceptions, and that as a general thing, the slaves were well clad, comfortable and happy. Why this continual reference to isolated cases of cruelty and suffering. I can go to the towns of Iowa and Illinois, or to any of the large cities of other States, and find cases of poverty and wretchedness as extreme, and cruelties as great, as any in the slave States. There have been many instances in Cincinnati of persons being frozen to death during the inclement season that has passed, and whom the hand of charity never found until it was too late to succor or render aid. You will find misery and wretchedness everywhere at the north, but. then that affords no argument against our institutions, and it affords no reason why we should denounce the communities where those things exist, or excite th e f eelings of other communities against them. Noi; th ere is a b et ter way than that to work a ref orm, a nd that is, to approach our brethren in a spirit of kindness and good feeling, and, if they are wrong, show them if we can in a kind add conciliatory manner, wherein that wrong consists. You cannot force people into the adoption of any measure. But this forcing policy is that adopted by a certain class of the peotrie of the north, when they declare that they will crush out, in spite of them, those institutions which the South have adopted. Let me put a case by way of illustration. Suppose the matter reversed, and that the South had a majority of federal numbers; and suppose that the increase in this respect, instead of oeing with the North. had been with the South, and they had a majority in both the Senate and House of Representatives. And halving that majority, they should say to the North —there shall be no more free States formed from the territories that now belong to the United States. (194 [30th Day. Monday] IIALL-GIBSON. SUTFFRAGE RESTRICTED TO WIHITES. lIonday,] Clarke] that but little if any discussion would have been heard upon this question. He spoke intelligently, and that he was advised upon the matter when he said that there were not five men upon this floor, who would vote for this resolution. If this were a fact-which I begi:j now to doubt-I did really suppose that it would take very little time to dispose of this question. Mr. CLA RKE, of Johnson. a Juy friend from Johnson" can take care of himself. Mr. GIBSON. It seems ftom th e course tIha t hese ge ntlemen ar e pur suing, that the gentleman from Johnson is not a Republican. There was nothing very remarkable sin the remarks of these various gentlemen, further th an the po - sition they o assuaed in regard to ma kin g the slavery question the issue between the two parties. If they wish to make this i ssue, I have no objection. I had as lief take issue with the Republican party upon thatupon t s upo n any othe r issue. Next comes my friend from Lucas, [Mr. Edwards.] We are ne'tr neighbors, only divided by county lines. W~hat position he occupies upon this issue, I do not know. He spoke here for about all hour, but he did not tell us what side of the question he maintained. With all the skill and ingenuity of which be is master, he depicted the evils of slavery in the slave States, and attempted to show that slavery was a sin against Heaven, and he called God to witness, that it was a sin against nature. Suppose it is so, what then? If the gentleman intends to be consistent and honest, why does he not go to work to remove this evil where it exists? The gentleman from Henry, [MIr. Clarke,] I will admit, so far as he is concerned, has been very consistent upon this question. He has been in favor, ever since the commencement of this convention, of striking out the word'~white" from the constitution nil some shape or other. lie is in favor of striking it out absolutely, and submitting the question in such a form, that the people may vote upon it. He has taken occasioll, however, to make a long and able speech, and has even said more than I thought he could have said upon the subject under the circumstances; having consumed an hour and a half in the delivery of his views. He has taken occasion, too, to remark that the principles he advocated were Republican principles, that upon them. depended the future greatness of the Republican party, and that if this resolution was not adopted by the convention, for submitting this question to the people of giving the light of suffrage to colored men, his people would vote against the constitution. He said they felt directly interested in this matter, so much so, that he would be willing to sacrifice all the labors of this convention for forty days, and vote against all our work, if he could not get that cherished resolution of his incorporated into the constitution. This is rather a new issue got up here. The Republican party, in the section of the country where I have been residing, claim that they do not want to interfere with slavery where it now exists, and that they made war only against its extension. But this gentleman goes a little farther, and if he were to follow out his views, hlie will go for abolishing slavery throughout the Union. There is no other course left for him to pursue. True, this seems to be a singular course of argument to be taken in committee of the whole in a constitutional convention,upon a subject which was not before the convention at all; but, however, I suppose it is all well enough. The gentleman from Lucas, [Mr. Edwards,] went on to prove that the testimony of a negro oughlt to be good, when he had known of a case where the testimony of a horse had sent a man to the penitentiary. This rty be true; I do not dispute the gentleman's word; but I have never yet heard of a horse giving testimony. I have some recollection of reading somewhere of a dumb ass speaking with a man's voice; [laughter] but how a horse could give evidence I cannot understand. As I before remarked, I did hope that this question would not have opened so wide a range of discussion, and consumed so much time. These gentlemen have evidently had this thing in soak for the last four or five weeks, and there must needs be a general delivery here of their speeches. The gentleman from Lucas argues, that the Democratic party is a pro-slavery party, and that it ha s become the back-bone to the slaveholders of the South. Let us see how this is. The Democratic party, as a party, have a general platform. They met last year in national Next comes my friend from Jones, [Sir. Mlarvin,] who seemed to be somewhat alarmed, and was fearful that the comnmittee were going to rise, that this matter would be hurried to a vote, and that he and his friends would not have an opportunity to be fully heard upon this question. He said, that he wa s not prepared to marlye a speech, and y et at the same time he felt suoh a deep inter est in t he s ubject, that he mus-t say something. He denied, in the most emphatic terms, the position taken by some gentleman, that this question was not a party measure. He said tha t it was a measure of the Republican party, and if it were not for the s lavery question, he would be with the Democratic party still. We have the issue then fairly betfore us, and, as the gentleman says, the only issue between the two partie s is this same slavery question. Next upon the stage comes the gentleman from Scott, [MIr. Ells,] and he expressed the same opinion. tIe savs, that upon this resolution the future greatness of the Republican party depends, and if the Republican party of this convention fail to adopt it, they are doomed to inevitable defeat in November next. This is taking pretty strong ground, and it is placing my friend from Johnson [MIr. Clarke,] in a peculiar position. I 30th Day] 695 [February 23d GIBSON-CLARKE, of J. SUFFRAGE RESTRICTED TO WHllITES. convention, at Cincinnati, in which every State If it be true that the Democratic party is proin the Union was represented. What was the slavery, as they charge, then they cannot deity tiatform adopted there? They laid down the that the next Congress, which will be Democratprinciple that Congress had no right to legislate ic, has the right to say that slavery shall go into upon the subject of slavery in the territories, every territory of the Union. They have laid bEet that the people of a territory had a right to down the principle that Congress has sovereign maklle their own municipal rules and regulations; power to legislate for the territories; and now, liat they were sovereign and had a right to pro- if the Democratic party, having a majority in tibia or allow slavery. just as they saw fit. This both branchesof Congress, assume that position, being the case they said that Congress had no pow- they will have a right, according to the creed of er to legislate upon the subject of slavery in the the Republican party, to legislate slavery everyterritories. While we, in the free State of Iowa, where. But, so far from the Democratic party who cherish freedom as opposed to slavery, being a pro-slavery party, I deny it. Their stand upon that platform, does it prevent our platform and all their resolutions deny it, and fi'ends in Louisianastanding upon the very same place it beyond the power of Congress to legisplat.form? Not at all. While the people of late upon this subject. But the platform of the Louisiana may be in favor of slavery, and may Republican party admits the doctrine that Conblelieve it to be a divinely appointed institution, gress has the sovereign power to legislate upon vet they compromise upon this principle, and this subject, and that they may make slave terrisay that Congress has no right to legislate upon tory if they will. the subject of slavery in the territories, and that The gentleman from Lucas, [Mr. Edwards,] they will leave it to the people there to deter- attempted to prove that the Democratic party mine this question for themselves. The North was a pro-slavery party, and that they were in and South can stand side by side upon this com- favor of the extension of slavery, which is not lon Democratic doctrine. They each nmay have the fact, nor can the gentleman cite one intheir own peculiar views of slavery, but they stance where that party have endeavored, as a compromise upon the question of leaving it to party, to extend slavery. Slavery has been on the people of the territories to determine for the decrease ever since the formation of the themnselves. They have a right so to do. There Union, and it is still oil the decrease. is where the Democratic party of the North has A single remark here in relation to the minbecome the back-bone to the slaveholders of the gling of the two races the black and the white. South, and the only way in which the gentleman can make it so appear. \Is there any gentleman upon this floor who is Let us turn for a momnent, and examine the willing to place the black man upon an equality re olutions which were laid down as planks in in every respect with the white man? I prehe platform of the Republican party in their sume there are but very few. Such a proposi -'tional convention. It was asectional conven- iLtion may look very well upon paper, but it will not do to carry it into practical operation. Are ;ion. There was not a representative in it by lthority from any slave-hloldinjg State of the these gentlemen willing to admit that the black authority from any slave-holding State of the ion It was convention of the North exc- man is equal, socially, politically and morally, Un,ion. It was a convention of the North exclu-,i sivelv, convened to bring forward a sectional with the white man? But, say they, we do not andidateor the Presidency. want that; we want to give them the privilege 'addate for the Presidency. Wh~at did they carge upon the Democratic party i their reso- of the elective franchise, and the right of testiltions.'They charged the Democratic party i ter fying. If, as they contend, in the theory which With being a pro-slavery prty I have Do lrtpdr Ithey held in regard to the bill of rights, the w,,thl being a pro-slavery party,. I h.~ive,'Ied o what the position of the Inratc doctrine that all men are created equal applies whasto thet pestion, od amp, Do to the black as well as the white man, why do wou make this distinction? If this declaratio/i is 1t clearly and beyond a doubt in the mind ou a ..caly unprejudiced man, thatbyna the iDemo c pof intended to apply to the black as well as the white ~vunprejudiced man, that the D~emiocrat-ic pa.,r-I t s not a pro-slavery partyace, then yau must place the black man upon a ty is not a pro-slavery party, and tha~t thiey are clearl opposed to the extension ot perfect equality with the white man in every wh'ere. What dopo the Repuxltican paosl to xt 1 respect. There is no dodging the question, and wlhere. What do the Republic,-n party s~ty upi on thissubject Theymeet n th setiol whenever gentlemen commnience telling us that on this subject? They meet in their sectionaltlevusstrsorofutigteIalcuo convention and resolve that Congress h,is sover- Iy must stop short of putting tie blac upon en power to legislate for the ernnt o n equality with the white man, they admit by eig,fn power to legislate for the government of!a their own confession tharty thiey do not regard the lih territories. If Congress has sovereign p ow-t the do not regard the er t, legislate for the government of the territo-wo s as equl ties, then, as a matter of course, the people are Gentlemen may draw their own conclusions, not sovereign, but Congress is. Where, then, and make their own deductions. how much the is the love of these gentlemen for "the dear peo black is inferior to the white man. plef' of which we have heard so much from So far as this question is concerned, it is urga~helm v You make, by this doctrine, the people ed here, that it can do no harm if it does no good servants, and Congress sovereign. I say, then, to refer this matter to the people, and let them tnake their resolutions, and the principles which determine for themselves whether this provisthey laid down in their platform at Philadelphia, ion shall be incorporated as a part of the constins the basis of their action. and to what will it tution or not. This argument seems to have l,.d tbhm' ~ome plaugibility in it s.t first sight. but then,. ttit) [80th D,.y. Aloi-iday] GIBSON. [February 23 d SUFFRAGE RESTRI(CTED TO WHIITES. EDWA RDS-GIuBSON —scOTT-PAR I N. these same gentlemen turn round and say that his country, when he at that time was making they have no idea that it can possibly receive a his way to K,tnsas with the avowed purpose of mijority of the votes of the people of this State. trampling under foot the laws of his country and Why, then, encumber the constitution with this violating the supreme laws of the land. question? Why ask the people to act upon a question which they,admit in their speeches can- )fkr. EDWARDS. I hae not heard Col. Lane make a speech since he was the Democratic cannot be carried? Why ask the people to do a didate for Lieut.-Governor of Indiana. s * t e a 1 X * 1 a TT ~didate for Lieut.-Governor of Indiana. thintg which they say they will not do? Upon this point I have buta word to say. I will not, Mr. GIBSON. I did not say that the gentleby any act or vote of mine, refer this matter to man had. The remarks made at that timne by the people. Whywill I not do this? It is not Col. Lane, upon the celebration of a day so because I am afraid to trust the people; but it dear to all patriots, made tie blood recoil in is beciause I know it will be voted down by the veins of hundreds of people, who had come four-fifths of them. there from the surrounding country in order to I have too much respect for their wisdom and participate in ceremonies fitting to such a gloriintelligence to refer this matter to them because ous occasion. Some of the citizens present took it will be an insult to them. occasion to dispute the truth of some of the re marks of Col. Lane, and other speakers who I say it would be an insult to them, and I stand folowed him, and what did they bring down here responsible for the assertion I make. To upon themselles? One of the Repubican upon thiemselv,es? One of the Republican say to my constituents in my district, or to ask speakers remarked that such men as these, who them to vote upon this question wonld be virtu-would speak in this manner, ought to be rode ally saying to them, willyou place yourself upon upon a rail; and then these freedom shriekers an equality with the black race? It would be, clapped their hands and cheered loud and long. in my opinion, virtually asking them, if they be- {Yes, they were willing to have their fellow citilieveal the negro was as good as they. I cannot lieed the negro was s good a they. I canot zeus rode upon a rail, if they dared to raise their tell how other gentlemen think upon thismatter, voices against such conduct. but I would regard it as a direct insult to my constituents, and I could not and I would not, Tis was not il. A certain doctor remarked under any circumstances insult them in that that these citizens, who had thus expressed ycicmway. isl teinta'their dissent, ought not to be tolerated witht Thegntleanfro nyr. C hins respect enough to be rode upon a rail, but they The gentleman from Henry [Gor. Clarke] thi n k s his constituency must have a vote of this kind; out to be spit upon like dogs. and the gentleman from Scott [Mr. Ells] and the This was the kind of argument, and these gentleman from Jones [Mr. Maruin] are of the i were the opponents we had to meet in the last same opinion. If we could fix it up in some: canvass. I confess I am surprised, after the shape, I do not know but it would be a good ar- lapse of several months, to hear the gentleman rangement to submit this question to the people from Lucas [Mr. Edwards] revive this same ofthese three counties, Henry, Scott and Jones kind of argument. It is from this cause,and it wtas this would gratify their constituents, and it not of my own free will, that I advert to these would no donot be a gratification to these gen- facts. I do not wish to revive the memory of tlemen to submit this question to these counties these by gone scenes, because they are not a.t individually. I believe I would support that all pleasant. Nor would I have done so under amendment, but I cannot under any circum- any circumstances, had I not been led to do so stances vote to submit this question to the con- by the train of remarks indulged in on the other stituency of Marion county. side. I have taken a great latitude in the discussion Without taking up the time of the committee oftthese matters but as gentlemen havebeen dis- at any greater length, I wish it to be distinctly cussing slaver and the pgrincilems ofth ediIat any greater length,at I wishall it to be against thinctly cusingslaeryan th prncilesoftil lansa!understood, that I shall vote aga~inst this ande cussng savey aind the principles of the KansasunesodtatIsalvtag act, I supposed I had full liberty to indulge in every other proposition that has for its object this strain ofremarks as well as others. 1the amalgamation of the black and white races. I was raised and educated in a free state, and The remarks of the gentleman from Lucas not like the gentleman from I'ucas, in a slave [,Mr. Edwards] reminded me very forcibly of' state. I know very little from practical knowsome remarks made by Colonel LIane last sum- ledge about the black nopulation, and I care iner and if the gentleman has ever heard him very little about them. I wish itto be distinct.peak I think he must have committed a portion; lv understood, that I am decidedly opposed to of his remarks to memory. Our town had the any provision in this constitution bv which the honor, of having a celebration of the 4th of Jul- white man may be dragged down to the level of vly. at which Collonel Lane made a speef,-h, in the black man. which he proclaimed his determination to violate i .Ir. SCOTT. I wish to ask the gentleman if the laws of his country and make war against . ls of hs I I understond him to be opposed to the spirit of the constituted authorities. And he arraigned this resolution? [Laughter.] Franklin Pierce before his country as a murderer. Such a man as -'Jim Lane" desecrated that MIr. GIBSON. Yes, sir, I am. glorious anniversary of our independence, by Mr. PARVIN. I wish to make some remarks arraigning Franklin Pierce as a murderer before'npon this subject. but if it is the wish of the 80th Day.] .697 [February 23d ionday] ORDER OF BUSINESS. Tuesday] PRICE-GIBSON-CLARKE, of J. —HALL-PAPiYlIN, &c. [February 24th committee to rise, I would yield the floor for a motion of that kind. Mr. GIBSON called for the yeas and nays, and they were accordingly ordered. The question being then taken, by yeas and nays, the motion was not agreed to; yeas 9, nays 17, as follows: Yeas-Messrs. Ayres, Gibson, Gillaspy, Hall, Palmer, Patterson, Peters, Price and Solomon. Nays-The President, Messrs. Clark of Ala makee, Clarke, of Henry, Clarke, of Johnson, Gower, Gray, Ilollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Traer, Warren, Wilson, Win chester and Young. Mr. CLARKE, of Johnson, moved that the convention resume, in committee of the whole, the consideration of the report of the committee on the right of suffrage. Mr. HALL moved a call of the convention, which wasordered. The roll was then called, and resulted, present 26. absent 10, as follows: Present-The President, Messrs. Ayres, Clark of Alamakee, Clarke ofHenry, Clarke of Johnson, Gibson, Gillaspy, Gower, Gray, Hall, Hollings worth, Marvin, PI'almer, Parvin, Patterson, Peters, Price, Scott, Seely, Skiff, Solomon, Traer, Warren, Wilson, Winchester and Young. Absent-Messrs. Bunker, Cotton, Day, Edwards, Ells, Emerson, Harris, Johnston, Robinson and Todhunter. Mr. PARVIN. I would state that Mr. Todhunter is unable to come out this morning. He will be in attendance upon the sessions of the convention when the weather is more agreeable. Mr. GOWER. I would state that Mr. Bunker is quite unable to be here this morning. Mr. PALMER. Mr. Harris also is too ill to be hbre. Mr. PATTERSON. Mr. Day was about startin,g f ro m his boardin g ho use when I left. The PI-ESIDENT stated that Mr. Cotton was absent under leave. Mvessrs. Emerson, Edwards and Johnston appeared and took their seats. On motion of Mr. WILSON Further proceedings under the call were dispensed with. The question recurred upon the motion to resume, in committee of the whole, the consideration of the report of the committee on the right of suffrage. The question being taken, the motion was agreed to. Cries of "go on," " go on.", MIr. PRICE. I move that the committee rise. The question was taken, and the motion was agreed to, upon a division, ayes 17, noes not counted. The PRESIDENT having resumed the chair, The CHAIRMlAN- reported that the committee of the whole had had under consideration the subject referred to them, had made some progress therein, and instructed him to ask leave to sit again. The report of the committee of the whole was received, and leave granted accordingly. On motion, The convention then adjourned till to-morrow morning, at nine o'clock. The Convention met at 9 o'clock, A. Al., and was called to order by the President. Prayer by the Chaplain. The journal of Saturday was read and approved. No petitions, memorials, or reports of committees were presented. Mr. GIBSON moved that the convention go into committee of the whole, upon the report of the committee on education and school lands. Mr. CLARKE, of Johnson. I hope that mo)tion will not prevail. The gentleman from Scott, [Mr. Ells,] who has a deep interest in that subject, is not now in his seat. We have also another subject under consideration, which I hope the convention will go on withthismorning. I think it is important that we should dispose of the bill of rights, and the article on the right of suffrage, as they constitute the first part of the constitution, so that they may go into the hands of the committee on revision. Mr. HALL. I hope the report of the committee on education and school lands will be taken up this morning. This question of the right of suffrage was under discussion all day yesterday and also last night. I am willing to meet here every evening until the convention adjourns, to discuss that subject; but I do not think we should use up any portions of our day sessions in discussing it. I think we can get through with it by taking only evenings for its consideration. The question was upon proceeding to the consideration, in committee of the whole, of the report of the committee on education and school lands. Upon this question The convention then resolved itself into committee of the whole, (Mr. Gillaspy in the chair,) and resumed the consideration of the report of the committe e on the right of suffrage. The CHAIRMAIAN stated the question to be upon the amendment offered by Mr. Skiff, to so amend the resolution reported by the select com [31st Day. 698 TuxSDAY, February 24th, 1857. Order of Businesi. I Committee of the Whole. SUFFRAGE RESTRICTED TO WHITES. [February 24thl mittee, that it shall apply only to the article on the right of suffrage. aware that upon that subject I shall misrepresent a great many voters in my county. I do not say a majority of them, but a great many of them, ask that this word "white" shall be stricken out. But, as they have expressed themselves to me, they will be satisfied if this convention will give them the opportunity to vote upon this question, separate and distinct from the constitution. .~{r. PARVIS. Mr. Chairman; I understand the resolution reported by the select committee on the right of suffrage, to embrace a proposition to submit to the people of this State, at the same time the constitution we are now engaged in framing, shall be submitted to them, the question of striking out of that constitution the word ,white," wherever it occurs. The amendment proposed by the gentleman from Jasper, [Mr. Skiff.] is to so modify the resolution that it shall relate exclusively to the article upon the right of suffrage. Now, sir, I am in favor of that amendment, and when the resolution shall have been so amended, I shall be in favor of the resolution. I am in firvor of the amendment because I desire to obtain a vote of the people directly upon the one question of the right of suffrage, stripped of everything else, so that the people may know exactly for what they are voting. I see no difficulty about submitting this question to the people in the proposed amended form. It entails no expense upon the State, and there can be no objection to it upon that ground. I can, therefore, see nothing wrong in it. It has been urged here that it would be unnecessary t o submit this question to the people, because a majority of them would probably vote aga,inst it. Be it so; I still say, submit the question to them. The doing so can do no harm, and thous ands of the people of this S tat e demand it -as,a right, and the doing so will ensure their sull)port to the constitution as amended by this co nven tion. Al though the friends of the proposed measure may be in the minority, still I see nothing wrong in submitting it to them. Do we ask a precedent for this? We have only to look to the history of the different States that have submitted this question as a distinct proposition to the people of their respective States, at the same time they submitted the constitution to them, in which they had left this word "white;" thus allowing those who desired to have it stricken out an opportunity to express their sentiments by a separate and distinct vote, and insuring their support to the constitution. Our democratic friends here appear to be arrayed against this proposition. Let them look to the State of Indiana. The constitutional convention of that State was strongly democratic, yet they submitted this question to the people its a separate and distinct proposition. And so it was in Michigan, under similar circumstances. W~e have therefore precedents sufficient, from the very party who are here now arrayed against this measure. But even if there were no precedents, let us ask ourselves the question-is this measure righi in itself'? As a delegate from Muscatine county I will myself vote to retain the word "white" ir the constitutionl. But while I do this I am Now is there anything wrong in this? Sup pose it is voted down. Is there any injury in flicted upon any one? Why should we vote against a proposition that a large minority of the people demand-I do not know even that they are but a minority-a proposition that can be adopted without the violation of the rights of any man; a proposition so harmless in itself, so just, and so agreeable to the wishes of the people-why should we vote against it? I can see no reason in the world for doing so. If any gentleman here is satisfied that but five members here will vote for this proposition, I want him to put down the delegate from Mus catine as one of them. This matter was agitated to some extent in Muscatine county before the election. I stated then that if I came here as a delegate, I would not vote to strike the word "white" from the constitution, but I would vote to submit the question to the people, as a sep arate question. Why should gentlemen be afraid of this thing? Are they afraid that a majority of the people of this State are in favor of this measure, and thus the colored portion of our population will be allowed to vote? If they will turn their atten tion towards the southern States, where the degradation of the black men is far greater than elsewhere, where he is only considered in the body politic in the same light as a horse or an ox, they will find two States where black men are allowed to vote. I will read from the consti tutions of two of those States to show that such is the case. First from the constitution of North Carolina, as follows: "All freemen, of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately pre ceding the day of any election, and possessed of a freehold within the same county, of fifty acres of land, for six months next before, and at the day of election, shall be entitled to vote for a member of the Senate. "All freemen of the age of twenty-one years, , who have been inhabitants of any one county y within the State twelve months immediately ) preceding the day of any election, and shall have . paid public taxes, shall be entitled to vote for l members of the House of Commons, for the t county in which he resides. cc All persons possessed of a free-hold, in any s town in this State, having a right of represent tation, and also all free melt, who have been in, habitants ol any such town twelve months ben i fore, and at the day of election, and shall have t 1 paid public taxes, shall be entitled to vote for a I I s s t s 7 9 31st Day.] 699 Tuesday] PARYIN. Right of Sziffraqe. SUFFRAGE RESTRICTED TO WHITES. member to represent such town in the House of are equal, but allfree men, are equal, and hav6 Commons; provided, always, that this section certain indefeasible rights. I mention this to shall not entitle any inhabitant of such town to show that we do not propose to go so far in this vote for members of the House of Commons for matter as many of our sister States have gone, the county in which he may reside; nor any in asking that this question shall be submitted free-holder in such county, who resides without to the people as a separate and distinct quesor beyond the limits of such town, to vote for a tion. member of the said town." We are creatures of prejudice: none of us, It does not say every " free white man," but perhaps, are without them. If we undertake to every "freeman." A black man who is free, carry out the prejuice of any individual, in this and is possessed of the requisite properity qiail- matter, where would the elective franchise rest? ification-and that is not more than the gentle- There are societies of men, or were some,time man from Des Moines [MIr. Hall,] proposed in ago, so I have been told, in the United States, the case of voting county loans to corporations who denied the right of foreigners to vote, as for internal improvement-every black man, they are now permitted to do under our constiwith the requisite property qualification, is tution. They would deny the right of voting to entitled to vote in the State of North Carolina. a man who was born in Ireland or Germany, as The constitution of Georgia says: our present democratic party would deny it to a man who has a black skin. And let me say " The electors of members of the General As- man who has a black skin. And let me say sembly shall becitizens and inhabitants of this here that they would not confine their proscrip Ste,adhalhvatandteaeotn tion to men who have black skins. Nine-tenths Statey, and shall have attained the age o twenty- of the blood flowing in their veins may be Anglo one years, and have paid ll taxon blood, and that of the' First Families of lhave been required of them, and whlich they... ave been required of them, and which they Virginia," and yet they would not allow them may have had an opportunity of paying, agree-the right to vote. ably to law, for the year preceding the election, tnd shall have resided six months within the Now, if you undertake to carry out all these county," &c. prejudices, where will they lead you? Perhaps Herethenisoaftiato pro- I stand alone upon this subject. I do not know: Here then is no qualification in regard i I hope not. But I will, for myself, judge a man perty or color. if a man is a free inhabitant, by his head and his heart. I do not care where and has beent in the state and county long he was born, or what may be the color of his enough, he is entitled to exercise the right of the skin. If he has " a heart that can feel for an ~elective franchise. ~other's woe," has intelligence, he is a man and a And should we in a free state, be more afraid, brother. I care not what his color may be, or even if this thing was to be applied direct- where he may have been born, "a man'sa man, ly to the constitution and give the negro the for a' that." right to vote-should we be more afraid of that Perhaps I have peculiar views with regard to than are the slave states? But we do not ask as this unfortunate race. I think I have my premuch as that, we only ask that the white men judices against them. But I look back and see of this state, those who now possess the right of that they have been brought from their native elective franchise under the constitution shall I country, by the high hand of oppression; they enjoy the small boon of saying whether they have been sold in this country, and they and wish the word "white" to be stricken out of the their descendants have become articles of trafconstitution or not. They do not wish that {fic. 1 consider that we owe them a debt, in conthirty-five men here shall deprive them of the sequence of this system of slavery, which was right of expressing their opinion upon this sub- entailed upon usby Great Britain, and subseject, and that is all that the majority of this con- quently by Congress. We owe them a debt. vention asks. ~~~~vention asks. |which we should repay by educating them, and I have shown this convention two States colonizing them in their own country. As I where black men are allowed to vote. And in have said, I have my prejudices against them. the bill of rights of the constitution of Florida My prejudice is such as to lead me to desire that I find the following: they shall not be left in this country, because I "'That the great and essential principles of do not think their presence would be advantaliberty and free government may be recognized geous to either of the races. I am, therefore, a and established, we declare- colonizationist. "That all freemen, when they form a social I am in favor of using all constitutionalmeans compact, are equal, and have certain inherent against slavery. 1 would check it where it is and indefeasible rights, among which are those now. And when once it is securely confined, of enjoying and defending life and liberty; of the increase of the black population will be such acquiring, possessing, and protecting property, that'their value will be depreciated until the conand reputation, and of pursuing their own hap- sent of their masters will be easily ootained to piness." i their emancipation. Then letprovision be made According to this, not all ic/2i~;e men, but all for their education, and then send them to Libeflee men, are equal. And a~ clause similar to ria, if they are willing to go. But I would not this one will be found in the constitutions of force them to go, if they were Iiot Swilling to mni-' of the Southern States. Not all htitemen! leare this country. If they will remain here in 700 [31st Dav. [February 24th PARVIN. Tuesday,] SUFFRAGE RESTRICTED TO WHITES. Tuesday] PARVIX. [February 24th the United States, then let them remain. But egate I should be thrown with here as a friend if they wvill consent to go to Liberia, then let and a brother; and I wish to so conduct myself provision be made to send them there. here that, when we part, we may part with that brotherly feeling which ought to pervade tho The idea that slave property will be depreciated brotherly feeling which ought to ervade the by confining it within its present limits is no hearts of a body of m, assembled as we ac new idea. Gveror Wise, of Virginia, argued here. 1 have no intention to impugn the motives new idea. Governor Wise, of' Virginia, argued, faygnlmn correctly when he said, last summer, that if of any gentleman. slatvery was admiitted into Kansas, it would en- But I have, as an humble member of the RPehltnce the value of every slave in Virginia. publican party, a few remarks to make in regard There is no doubtabout that. It must be spread to the Democratic party. Now, when I alltde or it will be depreciated. Then let us stop it to the Democratic party, 1 do not wish to be unnow where it is. derstood at all as alluding to that old time-hon I know that every man who takes this ground ored national Democratic party, but as alluding is styled an abolitionist. Now, what is an ab- to the present modern Denocratic party, which olitionist? I suppose there is not a man upon I consider to be a bogus party. I think I shl the otherside in this cvetion who des not be able before I get through, to show that the the other side in this convention who does not know what a abolitionist is. An if they do present Democratic party have abandoned all know what au abolitionist is. And if' they do their old issues upon this important subject, ancd understand it, where is their sincerity and I teir old issues upon thsimportant subject, and honesty in applyingl that term to those who do 4have taken to themselves new issues. And while hoine~ty in applying that term to those who do I (lo not arraign them for doing so, I feel that I not agree with them upon this question? The o not arraign them for doing so, I feel that I could not have gone with th-emn without abanrvwhlole republican party is arraigned as an aboli- could not have gone with them without abntion party. An abolitionist-and there are but doning my self-respect. I could not do it and tioti party. An atbolitionist —and there are but feel that I was acting rightly. few of them in the United States-is one who feel that I was acting rightly. desires to abolish slavery where it now exists. It is unpleasant, in discussions like the presIn, my opinion, we have no constitutional right ent one, for persons to allude to themselves; but to do any such thing. All we ask is our right I shall, perhaps, be compelled to do so, owing under the constitution; we have no constitution- to the peculiar position I occupy here. I find al right to interfere with slavery where it is, myself, in this body, arrayed against my old poconsequently the republican party is not an ab- litical friends-those for whom I have heretofore olitionrl party. We do not seek to interfere with voted-those with whom I have heretofore reslavery where it is. I hope, therefotre, gentle- joiced to act. And I shall attempt to show here men will think one moment, when they get up that, upon this question, they have gone far, far here, what the word "abolitionist" means, be- astray from the old rules of action laid down fore they apply it indiscriminately to all who by the founders of the old Democratic party, may differ with them upon this subject. They and that I stand to-day where our forefathers will see that they are charging those with aboli- stood, and where I rejoice to stand-in oppositiotism who entertain no such sentiments. I tion to the extension of slavery-not in opposicare nothing about the matter myself. I would tion to slavery in the States where it now exists, as soon they called me an abolitionist as not. but in opposition to its extension over territory I perceive that the discussion upon the resolu- now free. tion, now before the committee, has taken a I was educated a' Democrat from my boyhood. wider range than it should have done. I came Faithfully did I. adhere to that party until 1 here, not intending, so far as I was individually could no longer act with it. MaI.ny things did I concerned, to go into a discussion of any of the condemn ere I left that party for my love of political topics of the day. I consider that we party was strong. And when I did, at last, feel were sent here for a higher and a nobler purpose. compelled to separate from my old Democratio We were sent here, not as partizans, but as iudi- friends, it was like tearing myself away from viduals, selected by the people of this State, to old home associations. I did it, however. And form such a constitution that the people of this though I have done many things during my life, State would be willing to adopt in preference to the memory of which I would gladly blot out, the one they now possess. yet that act I hold to be one of which I shall Ithave oneotey w ossess never regret or feel shame. I expect, as we I have not introduced t his political dniscussion; must all expect, soon to leave this world and its I did not intend to do so; but it has been intro- m duced, and we are now engaged in it. And n many scenes. I believe we must all give an due, a we eer nof t ged Ruin pat, I account of our acts and deeds here, moral and an humble member of the Republican party, I political. I believe no man can be dishonest in say that we have nothing to fear from the inves- Olitic and escape the pun ishment, more tin tigation of this subject. So far as the political politis, principles of the two parties upon the subjectof e can in o ther matters. -Ie has no more right, and will receive no more justification, to do the slavery are concerned, we have nothing to fear. one than the o And wheni hea sees a rhoate ' ~ - ~~~~one than the other. And when he sees a menes And I wish it to be distinctly understood now nre that he believes to be wrong, it is his duty, that if, in the heat of discussion, [ should say as an honest man, to oppose it. And, in view anything, in any remarks I may make, that may of this responsibility, I feel that in all thoso be construed as, in any sense, a personal allu- thinigs I niust endeavor to discharge my ditty as sion, I have no intention to say anythiug of the a man and a Christian-as one of the universal kind. I came here prepared to meet every del- human race. And I feel that I stand, at this 89 31st Day.] 701 Tuesday,' PARVIN. [February 24th SUFFRAGE RESTRICTED TO WHITES. Tueday,l PARvIN. LFebruary 24th gent population of the United States acted with the Rep)ublican party. And though gentlemen here are advocating the tree school system-and I rejoice at it, because I believe it will be the salvation, to a very great extent, of our country, -yet I wish to say that those who wish to perpetuate the present Democratic party, and make it omnipotent, in the government of this country, must discard free schools, because the strength and power of the party is founded uponorac the igorance of the masses ofthe people. Loo k at the returns of the last Presidential election, and compare t hem with the statis tics of the last census, and see if I am not warranted in the assertion I have made. Take, for instance, the slave states-the fifteen of themand what is the per centage of illiterate persons there? The census returns show that one out of eve ry twelve whit e persons in the slave states could not read and write. Go to the free states, and you will find that but one in forty cannot read and write. Which of the slave states has the greatest proportion of illiterate persons? North Carolina has, for the last thirty years, borne the palm of being the most illiterate state in the Union. Tennessee ranked second, until the last census, when Arkansas took that position, and Tennessee came in as third. while Georgia ranked fourth. All these states went largely Democratic at the last election. In which of' the free states do you find the least per centage of illiterate persons? The most, if not all, of the New England states, and they are all liepuiblican. Which among the free states has the greatest per centage of illiterate persons? Why, that state where the Democrats had the largest majority, in )proportion to the population, the state of Indiana. And second in the ranks of ignorance stands Illinois, another free state that went Democratic. Now, in view of these filets, am I not warranted in saying. that if the present Democratic party desire to make and keep their party the dominant party in this country, they must discard free schools and general education? Where free schools have flourished, and education has become most general, there the Democratic party has been in the minority. And where free schools have been discarded, as in the South, there the Democratic party flourishesi predominant over all opposition. " I have said that as to honesty, I believe there are honest men, and as good men, in the democratic party as in any other. I wish to be correctly understood in this matter. What I have asserted he, e, the census returns fully corroborate and confirm. And I say again, that as short-lived as has been the republican party, it has achieved wonders. We are told here that the present democratic party is a national party, and the republican party is a sectional party. Let us examine that and see if such is really the case. It is very important, at the present time, that we should ascertain which is the national, and which is the sectional party. That is most assuredly the sec time upon the foundation of truth and justice. I feel that I am battling, not for the rights of the black man alone, but for the rights of all the human family-that I rim acting upon th,is ques tion as our forefathers would have acted-that 1I am pursuing the path that they marked out, and which is so plain, "that the wayfaring man, though a fool, may not err therein." I rejoice that I stand, this day, with the repub lican party. Call them "black republicans'' it you will; I care not about that. Although gentlemen upon the other side have made the declaration here that the republican party is a short-lived party, and will soon pass away, I say to them, when we find the party passed away, all gone and no more known as a party, come to me, if I am still living, and I will show you one of the faith who will be left. The principles of that patty I believe to be just and right. And when I am satisfied that I am right, I will stan I against the world. I shall always make it my aim to carry out Crockett's idea-"be sure you aire right, then go ahead." And if this party are so short-lived, if it is so soon to pass away, if it will so soon discard its present principles, I will still stand by those principles, for the few years I have yet to live, because I believe them to be right, and will never discard them, whatever the republican party may de. This party, so short-lived, I know has been in existence but a short time, still it is able even now to stand alone; it has made its mark in the history of the country. It is still young, increasing in vigor from day to day, and it will be able to fight its battles, and victory will crown its flag, until the last vestige of this blot upon our nation's escutcheon has been effaced. I shall not live to see that happy day, but I believe the principles of the party are so correct, are so thoroughly based upon truth and justice are so entirely consonant with the laws of God, and the well being of society, that they must prevail. We do not propose to do anything with clavery in the states where it is now recognized and supported by state laws. But I believe the day will come when tuey will see their error, and that measures will be brought forward and carried out, until we may rejoice that not a human being upon our soil is a slave. Short lived as this party has been, what has it done? Be-'ore it was a year old, it marched up to the ballot box an,t polled more than half a million of votes. And from whence did those votes come? 9 I do not say that the present Democratic party are ignorant; I know such is not the case. There are just as intelligent men, just as honest and moral men, just as good Christians, in that party as can be found in any party. While it would be wrong for me to hold slaves, believing, as I do, that the institution of slavery is in itself morally and politically wrong, it is not wrong for others, who have been taught and educated differently. I do not denounce slaveholders as some'do. But I do say that the late election does show; conclusively that the great mass of the intelli-s e e I d t e I e f I I e I I r3lst -Day. 702 Tuesday,'] PAttVIN. [February 24th SUFFR,iGEl RESTRICTED TO WHITES. Tuesday] PARVIN. [February 24th tional party which seeks to make a national interfere with slavery-every foot of land that measure somethiug which the constitution of the Congrsess had any control over in that respect, Utlited States has made sectional, or which was declared to be forever secure from slavery. wishes to make sectional that which the consti- There is deep meaning to be found in this tution has mude national. The national party portion of our history. And I do not see how is the one which seeks to carry out the consti- any person can examine the acts and speeches tution as it is. Our constitution is a national, of these men in those days, and come to any not a sectional constitution. And any party or other conclusion than that Congress, that even set of men which seeks to carry out that con- the most sanguine devotee of slavery, never exstitution as it is, must be a national party. Now pected that that institution would l)e ever exI do not care if that party, or that set of men, tended beyondits then existinglinits. So tenaare all to be found in the limits of one State, cious were those men in regard to this matter, and] whether that State be the State of Maine, or that they would not suffer the word'; slave" to the State of Texas. Yet if they are advocating have a place in the constitution. And in but principies which are the principles of the con- three places in that constitution can there be stitution, they are national and not sectional. found anything which can be construed into anl Theyv may be in the minority, still they are na allusion to slavery. tional. If they advocated sectional measulies, In 87 the ordinance in regard to the north to b in he najoity ouldnotmakethemnag In 178'7 the ordinance in regard to the northto be in the majority would not make them national. If thy a-tre stri ving to make something west territory was passed. In 1789 the constit io)nal.t. If th,-v are striving to make something national, which the cotitution makes tution of the UiLitel States went into operation. noattional, they c inmaks sectional, Now I wish to call the attention of gentlemen no matter how largely they may be in the m jorIty, they are still sectional. I that I am here to an act which was passed by the first jority, they are still sectional. In that I amCogesudrtepeetODtttllOth correct most assuredly. Congress under the present constitution of the correct, motasue.United States, on the 7th of August, 1789, and Now if I can show that the present democratic approved by Geo. ge Washington, then President party are endeavoring to make something na- of the United States. That act continued in tiotlal, which the constitution makes sectional, force the ordinance of 1787. That ordinance then I shall show that it is a sectional party, had been suspended by the adoption of the cornand not a national party. And it; on the other stitution, and must have gone out of existence, hand, I can show that the present republicans had not Congrtss seen proper to adopt an act party are advocating the constitution as it is, keeping it in force. That act kept in force the and as it always has been, then I will show that old ordinance of 1787, merely makingthe necelit is a national, and not a sectional party. That sary verbal alterations in it, to make it conform I expect to do. And to do it, we must go back to the constitution of the United States. It was: to the foundation of,ur national government. not altered at all in regard to the subject of We must show what the constitution meant slavery. In this Congress were twenty or thirwhen it was adopted, as interpreted by those ty of the men who had assisted in framisg the who framed it. For I hold that we can get no constitution of the United States. If any nieli better testimony, we can bring forward ieo better could be supposed to know what that constitiiwitnesses as to what the constitution means, thanl tion meant they were the men. And yet w( those men who made it. hav, been told by very high authority that thit I contend thiat there is no ambiguity about l1w was not in accordance with the constitution Jf the United States. our c,lnstituition. When our government ws the United State toim d, twelve out of the thirteen States we-e No'w I wish to refer to some decisions of the slave St-ltes Just before the adoption of the,ighest judicial tribunals of the United Staes constitution Virginia had ceded a large are,i ot will read from Howard's Ieports; volue tend territo'y-the north-west tertitory, as it wa t alge ninety-six, in the case of'Strader, e. al., v. then called-to the contederation of the States Graham: Itl reg-ird to this deed of cession, the ordinance It is undoubtedly true, that most if t-le co:icertnilg the northwest territory —now knowti material provisions and principles of th a,e six as the ordinavnce of 1787-was first introduced! rticles (Ordinance of 1787.) not incon.i;.tt, into Congress by Thomas Jefferson, in 1784. II with the constitution of the Utited States. i:;,v,~ then received a two thirds vote, but not a unan- been established law within this territory tv-c irlous one. The saine orlinance, in substance, since the ordinance was passed; and hence h w.ts brought forward in 18.5 byv Rufus King; I ordinance itself is sometimes, spoken of as t il and in li87, it wis ag.in brotuht forward bh in force. Blt these provisions, owe their l'.it lMr Deaine of \IMlssachusetts, and thenit received ~validity and force after the, constitution w a. the unauifnous vote of aill the Statesrepresented idopted, and while the territQr'al governm en.t in Congress at that tine. It was during thi:,)ntinued, to the act of August 7, 1789, whi,'!~ time that the constitution was being matured dopted and continued the ordinance of 178-! This ordinance specified that slavery shouild mnd carried its provisions into execution, Afir never be permitted to exist in this territory ce:ome modificatitns, which were necessary tiX ded by Virgiiiia. All the territory then owue(i dopt its form of government to the new COnStiby the United Stites-except s,ime small site ution." for fortifications, &c., which they had receive Therefore when I say that the ordinance.f upon the express condition that they shouid no [ 1787 was re-enacted by the Congress of tli? Slst Day.] 703 [February 24th Tuesday] PARVINR. SUFFRAGE RESTRICTED TO WHIITES. PARYIN. (February 24th United States, by the act passed August 7, 1789. you must have positive enactment to that effect. I do not speak without authority. I sieak from But it requires no positive law for that to be lie book, the highest authority in the United done which is according to nature or common States. Franklin Pierce to the contrary, not- law. The reason why a man cannot go into the wFithsta.nling. This ordinance was, therefore, territories of the United States, with his slaves, re-enacted by the Congress of 1789, in all its without the permission of Congress, goes back essential provisions. It was again re enacted to the time when God created man in his own wIhen Indiana was formed into a territory, and image. The reason is just as old as that. The .dinitted as a State; when Illinois, Michigan, Almighty never created a slave. No being, and Iowa, were formed into territories, and ad- black or white, bearing the image of God, can mitted as States; at each of these different be a slave until made so by his fellow mnan. periods, by different Congresses, and under dif- And if you wish any part of the territories of ferent administrations, this ordinance was re- the United States to be slave territory, you must cognized, referred to, and declared binding upon enact a. positive law making it such, because by those respective territories. nature it it not so. But you do not have to en This was Democratic doctrine, then. I ask act a positive law to make your horse a chattel, y o u, Mr. Chairman, as an honest and candid for it i s so fi om the first. But it requires a pos mn-I ask every member of this convention- itive law to that effect, to make a lellow-beinig a man-I ask every member ~chattel, because by nature he is not 0o is it Democratic doctrine now? No, sir; it has chattel, because by nature he is not o. been utterly discarded. New lights have arisen, This is the reason that slaveholders have no new interpretations to t..e constitution have right to gointo these te rritories with theirslaves, been rendered, and the Democratic doctrine of| because the fatthers of the Constitution did nriot to-day is far different from what was Democratic give Ihem that iight. It requires a positive law d)ctriue with the fathers of the republic. Yet to give tlhemi right, because it is contrary to the this doctrine has been recognized and voted laws of nature. As Judge MILean says-Conupon by Congress from 1789 dclown to 1853o for gress has no power to allow slavery in the terriiri 1853 the territory of Waslhington was organ- tories, because there is no provision in the Conized, and this same principle is incorporated into stitution giving them that power; and Congress its organic act. Thus for more than half a cen- cannot go beyond the Co, stitution and make tory, this principle has been recognized and that lawful which is not lawful by nature. Conaffirnied, by different Congresses, and under dif- gress, cannot, therefore legislate slavery into the fel'ent administrations; almost every prominent territories; but it is their bounden duty to formann in the United States being on record, at one bid it there, upon the ground that man is by hratimte or another, in favor of this restriction in ture free, and the territory is free territory; and relation to slavery in the territory of the Ulnited to be made otherwise requires positive law. Sta,tes. |There is no authority for them to pass that law. Now'or the proof. First, I refer to acts of Without the provision in the Constitution in reCoogress passed during more than half a celtu- gard to the rendition of fugitises fioni labor, rJ. Second, I refer to the decisions of the Su- where would you obtain your authority for passIpremne Court of the United States. ling the fugitive slave law? And to make arny territory slave territory you must have just as Now, I ask, if this is Democratic doctrine at positive authority for it as you bad to prss the the present time? If it is or)t, then the present fugitive slave law. Why could not this fuitive Demoritic party is not a national party, for slave law be passed without the autliority to pass th(y have discarded those national principles itbeingincorporate(lintotheConstitution? Be -!,nn which the constitution is based, and under cause when a slave gets beyond the lines within .'1lch Congress has acted, and the Supreme which the law rfiakes him a slave, hlie is free, aL.d Court has decided, time and time again. |cannot be returned to slavery without violence Gentlemen asked here last night, what right or force. In the Constitution authority was giv-! has Congress to forbid the introduction of en to Congress to enact the fugitive slave law; slavery into the territories of the United States? and I think it is a very hard law that they did As Stephen A. Douglas has said-every citizen pass. And they cannot pass a law making any has an inalienable right to move into any of the territory slave territory, because they have no territories with his property of whatever kind authority under the Constitution to do so. or description. That is the Democratic doctrine Now is man, by nature, free, or am I mistaken of the present day-that every citizen, of the in that position? I do not make this assertion United States, has a right to go into any of the upon my own responsibility. I appeal to thei territories of the United States, with any property judiciary of my country for support in that pohe may hold, of whatever kind or description. sition. Let me read a few extrac(ts from the j,lWas that Democrrtic doctrine years ago? Most dicial reports of this country. In Wrilker's Reassuredly it was not. ports, Miss., page 86 —Harvey et al., vs. Decker Now what is the reason the citizen cannot & Hopkins-it was heldcarry his property into the territories of the "That slaves, within the limits of the northUlited States without the permission of Con- west territory, become freemen by virtue of the gress? Because whenever you wish to do that ordinance of 1787, and can assert their claims which is contrary to nature and to common laws to freedom in the courts of Mississippi.': 704 [Slst Day Tuesdayl SUFFRAGE RESTRICTED TO WHITES. [F1Iebruary 2 4th This,oes to show that the ordinance of 1787 years past. I wish to show, in regard to that is not only binding in the north-west territory; actt, that the i,'-esent dem-ocratic party is rnot a but a si -ve ta,ken there can go before the courts national party, but that they have departe(l fioni of lississippi and assert his claims to freedom, the ftith of their fitthers. I hatve referred here and those claims will be enforced. tofore to the acts of the men who framed the In the case of Rankin v. Lvdia, 2d A.. I constitution, to the atcts of Congress passed un M!arshal['s Reports, 487, the court of appeals of der itand approved by denmocratic adininiistra Keiituckv said-,tions, one after,mother, forbidding slavery in 'n deidin the question of slavery] we dis- te territories. Arid if that is not now the doc "Ifn deciding the question [of slavery] we dis* trinie of the democratic pa rty, then they -are not claim the influence of the general principles of trile of the emcatic prty, then they are not liberty, which we all admire, and conceive it nation as for they are oppb thosed twho madte constitr. ought to be decidedl by the law as it is, and not tion a intepreed by those wh made it. as it shoutld te. Slavery is sanctioned by the Now, in regard to the ordinance of 1820-the laws of the Stlte; ant the right to hold slaves Missouri Com)promise act. By whom was it under onr municipal regulations is unqnestion- passed and approved? If you will excamine Mlr. ible. Bet u we view thl as ae ight existing bI pos- Bentoli's Thirty Years in the S,enate, on pi-tge 8 t'ce law7, of a muiieucipel character, wislotin founled- volume first, you will find that that me,asure tioninve lazv of na tuiicpihrater, oteuwrithon, for tae tioul iil tlec of nature, or tle au'riten or (le was a democratic measure, and approved by common l."t Mr. Monroe, the President of the Uniited States, Thalt is clear and to the point. With such, atid every inemlber of his cabinet. It was a decision as that. that man is by nature free, and measure asked fl)r and carried throiugh by the that the state of slavery is an unnatural state Stith.l It contained (-Iemocratic doctrines then for,t man to be in, we have the foundation of forbidding slavery north of 36~ 30', in the the doctrine that, Congress having no power to territories. legislate s'averiy into the territories, it cannotgo Is that democratic doctrine now? If not, there, as it is contrary to the law of nature, the then that party has departed fom the fith. unwritten law aid the common law. Now, let us see who, in the Senate of the Uni Now, in rea-rd to the assertion that the ordi- ted States, voted for that Missouri Comprorlise. nance of 17S7 is still in force. I would refer to Let us see if they were men who would be likely the Missouri Reports for the year 1836, page 350, to vote understandingly. Let us see if they Rachel v. Walker. It is stated- were democrats of the old school, men who "That the act of Congress, called the MIiss- spent their days in the service of the dernocratsoori Compronise, was held as operative as the ic party, men the best part of whose lives had ordinancepri,wshla orf 175v." a heen consecrated to their country's service as ordinance of 1187." ~ ~statesmen and philanthropists, men who stood This decision, in which reference is made to statesmen and plithropists men who stood the operation of the ordinance of 1787 i s not hsg in the pUblic esti tion as any men ev,..,, a ~~~~er stood in the Unlitedl States, Andl it' I show from an abolitlon or free State, but from a slatve s in the ted s nd i o State, where, if tlhe;.r judges would suffer them- tat such en a thee voted as democrts fr selves to be influenced upon this question of this meisure tlhat it was approved and saucslaverv, it is natural to suppose that influence tioned by a democratic president, and if I tien would pe in its favor. And yet itis aset in rove that the present democratic party do not thewe slave Stiaes that man ytis hy nature free; hold to the doctrine of this act, at this time, that slave is a manicipal ree h then I prove that the democratic pisbaty of the L..... n ~~~~then I prove that thle democratic parlty of thle that slavery is a municipal regulation, boundl aud confined by the territory over which the law present day, are rot the party of the fltheas of the constitution. authorizing slavery has effect. In the case of the constitution. Prigg v. The State of Pennsylvania, 16 Peters, ho voted for the Missouriomprmise in the Who to ented ofo th-eUied Stitssoromrms Jans Btrb 611, the Supreme Court of the Unite tte Senate of the United States? Jame Brbour held that- and J,tmes Pleasarnts, of Virginia; democrats, no one willdoubt; Jesse B. Thomas of Illinois; 'The state of slavery is deemed to be a mere John Ellott and Freeman Walker, of Georgia ..,... >..... ~~Johnl Elilott andl Freeiiian Wia.Ilier, of Georfria: municipa.l regulation, founded upon. and limited I John Gaillard adWilliam Sm-ith, of Southt Carto, the range of the territorial lands., oln uarl iloe n o Nla olina; Outerbri(dge Horsey and and Nicholas There are other decisions upon this subject, Van Dyke, of Delaware; Rtichard M. Johnson but I will not take un- the time of this commit- and William Logan of Kentucky. [Did not the tee bv reference to them. Slaverv is declared mold Tecmseh-lkiller understand what democracy to be a municipal regulation, founded solely up was9 I h,ve never heard it doubted.] And on legal enactments, and cannot go beyond the William R. King,ind John W. Walker, of Al.territory where the law exists. And accordinig bam,a. Was not Williamn R. King a good demloto this doctrine, the moment a slave steps into cratl? His life was spent in the service of his a free State, he is free, and no power can take party. Dil he iiot understand the constitution? him back to slavoer, except under the fugitive Hie had faken an iath to support- the coiistituslavye law, which the constitution of the United tion of the United States. Was he acting in viSlates gave to congress the right to pass. olation of that oath when he voted f) that mea I wish now to refer to the ordinance of 1820- sure? There were also William Pirickuey, of the Missouri Compromise-which has attracted Maryland; Nathaniel Mason aud Moritfort so large a share of the public attention for some Stokes, of Noith Caroline; Jonathan Iloberts 3 I St D,-Iy. ] 705 Tuesday!I PARYI-N. SUFFRAGE RESTRICTED TO WIIITES. T'uesday] and Walter Lowrie, of Pennsylvania; JamesNo- done in New H-ampshire, Michigan, Ohio and in ble and Walter Taylor, of Indiana; William A. other states. That was Democratic doctrine a Palmer, of Vermont; and John F. Pa-rrott, of few years ago, and it is precisely where the ReNew Hampshire. publican party stands now. Were these men wicked or insane, or were the I say, then, looking to the history of the honest and clothed in their right minds, and onstitution, the action of congress under it, to fully understanding what they were doi g? the decisions of th supreme court time and These are the men swho voted for the Missouri time again, to the actions of the different state Cormpromise, and carried it through the senate le'islatnres and ofdiffer-ent Deoctic convenof' the Un ted States. NeatI,) every one ofthese tions, thtat the present Democratic party has men were democnicats-demoi-rats of the olil wandered far from the doctrine held and inculschool-men whose devotion to their country cated as democracy at that time and that the and to the rights of mant was never called in epublican pty stands ow, where the fathers Pepublican party stands,,~ow, where the fathers question. Arid when the ground i,s ulow taken of the constitution stood then. If this be the that the Missouri comnpromise is nriot a constitu- case, the Repubicn arty is no te atio tioi,,l eaure yu iu st ayt~ht hes,en idcase, the Repub~icalin party is now the national tional measure, you must say that these endid party and the present Democratic party stand Iiot know whiat they w ere doing, but,dvo ctte(I ommitted to the supp(,rt of an institution a measure contrary to the constitution of the which is local and decided to be so bv the United States, which they had sworn to support. curts, and which they now attempt to make aind contrary to the principles -if the dem)cratic national. party, if it is contended thwart the present democratic party is cneddth e true party deo I know that some of them deny it, and I re cratic part ttrueparty jo)ice that th y doi, for tken I can justly enter This ordinance of 1820 has been enacted time ain the hope that they will see tIe crror of the ,tain the hope that they will see the error of the and time again by Congress, and dff'ent courts I course they are pursuing, and the mischief have asserted the principle that Congress had which will inevitably result from the success of the right to legislate upon the oubject of slavery I their party. The present Derlocratic paity in the teriitoiies. Ill he Supreme Court of the maintain that because slavery in the territories Uiited Sta-tes, 1st Peters', 511; The American is not forbidden in the constitution, therefore it Insurance (ompany et al. vs. 3,56 bales of cot- is sanctioned by the constitution; in short, that ton, Canter, claimant, Chief Justice MIarshall lavery is national and freedom is local, and deli, ered the opinion, that that slavery has a place in every teirnt ury nl "In legislating for them (the territories) Con- it is forbidden by the people thereof gress exercises the combined powers of the gen- Another step in the progressive Demry eral ealll tate~ovrnments."Another step In the progressive Democracy ral aid fate Governments." of the day is, that the people of a territory, in It seems that, according to the modern doc- their territorial capacity, have no right to forbid trine of democracy. even Chief Justice Marshall slavery there. did not know what the constitution meant, or he This is the doctrine of nine-tenths of the would not have asserted th.it Congress had that Democrati- party; that the people of a territory right. Now, Iowa, as a State, can forbid the have no right forbid slavery among them uiexistence of slavery here; no one doubts thrt.til they are called upon to adopt a state colisti Then it follows that the Congress of the tution. Deny it, as gentlenien may at the U,nited States can forbid the existelnce of slavery north, it is the doctrine of the party with which in the territories. If not, then Chief Justice they are now aeting, and wich electe(i its cmDIMarshall did inot understand what he was doing didate for the IPresidency in the last canvasts. when he rendr,-ed the above decision. And yet The position,,whicl the prese,nt Democ,a,tic ias a jurist, Justice Matwrshall perhaps StandS party occupies, then, is that slavery is national unequalled. And he said that Congress extr- and freedomni local, a position which is a; ti-decised over the territories the conmbined powers mcratic, and hich is a wide derture fro of the general and state governments. Chief the doctrine of our forefathers upon this subject. Justice Ttaney has delivered an opinion upon I have been frequently reproached by my f)rthe same subject, anid hlie qualifies the right of mer political fiieinds for not acting now with the congress to legislate upon this subject of slavery demcratic party, to which I once belonged. in the territories. lBut I tell them in reply, that I cannot, as an Now, if the present Demnocratic party are oc- honest man, support the doctrines they uphold; cupying the ground of theold Dem-)ocratic party, and I refer them to the acts of the party in viriit they are, as they claim to be, pear excellence dication of my position. Gentlemen of the the national party of the couitrty what will democratic party ask with an air of triumph, they do with the resolutions of the different who desire to extend slavery into the territories Democratic state convenrtion-, and of tihe legis- ofthe United States? Arid they deny, most latures of the most thoroughly De mocratic emphatically. that the party with which they states, which were passed a few years ago? I are connected, are pledged to any such policy. believe scarcely any Democratic northern state But deny it as they may, the truth is, the demobut Iowa, faIled to declare the doctrine that cratic party stands at this time as the proCorigress had the ri ht to prohibit the intro- slavery party, acting with the slaveholders of durtion of s avery into the territories. It was the south to extend the area of slavery over ter 706 Plst T)ay., [Febr7t-tar- 24th PARVIN. SUFFRAGE RESTRICTED TO WHIIITES. PA RVIN. ritory now free. But individual members of the t p)arty say that they are as much opposed to slavery as [ am. That may all be true; but thetn they are acting with a party that does want to extend it, and whose leaders seem to have that object, and that alone, in view. It was said last evening, in the course of the debate, that there was a time when the whig and democratic parties were batttlin. with each other upi-n well-defined national principles, and there was then no North and no South; but theft the South were now to be found arrayed on the sid(le of the democratic party. This is true; but what does it prove? It proves that s(lthern States that formerly acted with the w hi party-, are now with the democratic party, nd' that the dermocracy of the present day is not th;lt of former days, but they have deserted their old and time-hon red principles. We might point you to the individ(lual niames of Toombs, 13enj imin, Stephens, and a host of the whig leadris of other days, who are now enrolled in the ranks of the democracy. Why have they taken this course? Because that party asserts the print i)le that the constitution carries slave riy into the territories. Democrats of the North then. are acting with a party which maintains the principle that the consti ution carries slavery into the territories. We of the republican party hold, with oui forefathers. that that sacred in strumnient upholds no such doctrine; but, on the contrary, the very reverse; and that those who hold such a doctrine, are acting against its very letter and spirit. Can you blame a man then, as a democrat, for having turned from a party which has proved so recreant to the principles of its founders, and of the great and good men of former days? A man's orthodoxy upon the slavery question must be fully established before he can be received into favor by the democracy of the present day; and the only question asked, in regard to an atspirant for an office at the hands of a democratic administration is, "Iis he right upon the slavery question?" The only questionaskc(i in the Senate of the United States at this time, when a nomination is made for any appointment abroad is,' is he right uplon the slavery question?"' And if he is not, he is summarily rejected. This was not made the test inl former periods of our political history. The democratic and whig parties occupied positions upon this question very similar, as you will see by referring- to the resolutions of the different State legislatures and conventions. It has been said, upon the othe t r side, that the republican party are in favor of a dissolution of the Union, while the democratic party are the only party thatt are trying to uphold it. I ask you, who has asked for a dissolution of the Unsion? Is it the party with which I have the honor to act, as an humble representative? No; it is the democratic party; and time and time again, have they threatened to dissolv e the Union, in the event of the success of the republican party. But. the republicanl par The doctrine, as I said before, has been en dorsed by leading journals of the Democratic party, openly and boldly displ ayed at their mast head, tht thte slave-aholier has a s good a right to mak ae rina slave o f the poor white pan as of the black man. And these jo,urnals have heaped upy:n the laboring classes of the no rt h the most approbious epithets. Nothing c oul d be more offensive, to an independent Nind, than the languaige used by the le a di ng de mocrat s during t he late canvass upon this very subject. Amyiong o ther things they said, that a man who did his own work was not fit to associate with g entle men, and they denominated the industrious classes of the north as a " parcel of greasy mechanics and filthy operatives." You, Mr. Chair man, and I, as well as many others of this convention, I apprehend, would be placed in that category, for we work for our bread with our own hands. From all such democrats as these, I pray Heaven to deliver me. This is the position to which the democratic party are now reduced-a far different position from that so proudly occupied by them in other and better days. And they cannot with truth call themselves the national democratic party, as once they could. But gentlemen upon the other side ask, why I,1 this sympathy for the negr-o? Because syw 31st Day] 707 Tuesday,] [February 24th SUFFRAGE RESTRICTED TO WHITES. pathy with our fellow-beings is one of the no- the slavery question. I cannot and will not enblest attributes of our nature, and it should be dorse such doctrine as this, and hence I do not called into exercise wherever we may find op- act with the present Democratic party, and I repression and distress. A,,d this feeling for our joice that I do not. fellow-beings in oppression, whether they be But I would say to gentlemen upon the other black or white, denmands that we should say to side, when they talk so much about the amalgaslavery, "thus far shalt thou go, and no farther." mation of the races, and the necessitv for an In the exercise of this feeling, we have the u:'- exclusion of the Afrlican race from the State, to disputed right to exert our constitutional.power what will their principles lead them, and how to stop slavery where it is. Who can read the are they to apply them to persons who may have thrilling scene enacted at Cincinnati a few years nine-tenths of Anglo-Saxon blood in their veins since, and not sympathize with that poor but and one-tenth African? Would you exclude fearless slave mother flying across the river such persons from therightof suffrage? Would with her little children during the most cold and 1 you drive them from the State as you would so inclement season of the year, in order to escape many wild beasts? Is this right? Is there no from the cruel bondage of a man clothed in the sympathy in the heart of man for his fellow man? image of his God, and who claimed her as his You need not go out of this chamber to find a slave? She reaches, with her children, the person who can tell you of a case that happ)enhouse of a friend, but her owner, who has fol- ed in good old Kentucky, where a well educated lowed in hot pursuit, comes clothed with power woman was driven from the State because she to arrest her, and take her, with her children, had African blood in her veins, although she back into slavery. What can she do? There was married to a white man, and although she is no way of escape; there is no one to synmpa- had been educated at the North by her masterthise with this poor woman, apparently forsaken her own father. Such was the force of opinion by all. To save her children from being re- when it became known that she was a slave, that manded back to slavery, she sees but one way she was driven frotm society and rejected by her of escape, and that is, at the dagger's point. husband.' I know a case, in my own neiglhborWith the rapidity of thought she seizes the fatal hood, of a gentleman in Louisa county, and who instrument, and stabs her children to the heart, now lives in Chicago. He is a very distinguishand death puts a stop to any further cruelties ed machinist, and has made several very importhat this slave owner might exercise upon these tant inventions. He had been in the habit of poor children of a slave mother. I have often voting for years in Louisa county, but one day thought, as in the case of old Uncle Toby, when they refused his vote because he had negro he swore an oath, that in consideration of his blood in his veins, and he did not vote. His many good deeds, the recording angel, when he father was as white as any of us, aid whether came to read it, would drop a tear and blot it there was African blood in his veins or not, I clo out forever; so in the case of this poor slave not know. I mention this to show the Demomother, when the recording angel should record crats to what their principles will lead them the crime of murder against her, hle would, in when they carry them out to their fullest extent. consideration of the cruelties whilch she had consideration of the cruelties which she had I have understood that it was the wish of some suffered, and the trials of her position, drop a gentlemen in the Coveatin to prevent the netear and blot it out forever. Believing in a just g m ho ln pre n th I God, I would rather stand before my judge in gro from holding property in this State. But I place of that woma tand thoe py je of would ask them, if they entertain any such inher master. If ever sympathy was justly called tention, to put it away as contrary to the best her master. If ever sympathy was justly called fe into existence, it was so in that case. And this feelings of human nature? 1 hope that no gen ws. in t t. Ad. tleman, who has any spark of feeling left in his affords a good illustration of the evils growing breast, will consent to the introduction of such out the fugitive slave law, which the present a p olicy as this. democratic party would carry into every terri- a lld th s tory of the United States. But what has all this to do with the question now before us, gentlemen may say? Why, sim Democrats here say that they do not believe in ply this, that the question of the extension of slavery, that they would dcnounce its oppres- slavery has been brought into this Convention, sions as readily as I do, that they are inflexibly and I contend that the Democratic party are opposed to its extension into territory now free. acting, as a party, in every phase of this quesAnd yet they support the party that goes for tion of slavery, to extend this curse all over the extending it all over the country without any country, and to make every part of our national limit. Is this not true? Will not facts in the territory slave territory, where men may go and 'territory slave territory, where men may go and political history of the cluntry prove it to be plant their feet upon the necks of slaves, there political history of the country prove it to be Peanfrvr true? Who comprise the leaders of the present to remain forever. Democratic party? Which are the States that Kansas I hope will be a free State. Our demvoted with that party? And when you come to ocratic brethren, before the election, said that answer that question, does it not become appar- there was no danger of its being a slave State. rent that that party is acting with the slave- But how has that danger been averted, if avertholders? If the President nominates a person ed it shall be? By the activity and energy to an office, a pro-slavery Senate will never en- which the Emigrant Aid society displayed in dorse that nomination unless he is right upon sending out true and tried friends of freedom to 708 [31st Day. Tuesday] PARYIN. [February 24th I II SUFFRAGE RESTRICTED TO WHIITES. Tuesday] PARVIN-CLAtK. fLFebruary 24th settle upon her soil. This is the opinion of pro- the other side of the question, than frolm tny slavery men who have been there. I recollect idea, that I shall be able to throw any light reading a letter from a pro-slavery man, who upon this subject; especially after the able arbad been out to Kansas, and returned to Virgillia, guments to which we have listened. from which State he had emigrated. It was I was educated as a democrat, of the strictest published in the "North-East," a paper printed sect, too; and in favor of principles, upon which in that State, in which letter he says, that Kan- I find that our government has been administered sas would have been a slave State without any from the time of the adoption of our present trouble, if lt had not been for the Emigrant Aid constitution until within a few years past. It I society. That is the opinion ofotherpro-slavery am mistaken upon this point, I shall be very men who went there for the avowed purpose of thankful if gentlemen upon the other side will making it a slave State. Our democratic friends convince me of my error, and I will act with say tuat all the blood-shed in KLusas has been them still. caused by sending aboiitionists in there. The gentleman from Marion, [r. Gibson,] maiintint that they have saved the territory last evening, lai down the position, that t probably from being polluted with the curse of doc ta l ws oat the Hero 1 > As r ~democratic party had always advocated the slavsery, and it Kansas becomes a free State, I i' a i. b' Isice principles from the formation of our govsay to my republican friends, thank God, take eramieat; and that the republican party was courage, and press on, until victory shall crown e ent; and that the republican party was t'..'.... ~~It but the party of a day. He said f~irt~fiei- thact all our efforts, and until the last remnant of ut the party of a day. He said farther, that barbrism shall be driven from our contry. the democratic party was a national party, and barb:trism shall be driven from our country.. that the republican party was a sectional party. I started out in the first place, in my remarks, These are grave statements. Let us examine to show that the democratic party was a sec- for a moment, and see whether this position be tionlLi party. I have shown you by the course true or not. In investigating this questio,n, I of democrats upon this question in former times, shall necessai ily travel over the same ground that they acted very differently from the democ- occupied by the gentleman from Muscatine. In iracy of the present day. The Missouri Compro- the first place the gentleman from Marion says nise was a democratic measure; but it was re- that at the last election the republican party rep)ealed by the democracy of the present day. ceived its strength from the north, and, thereTherefore in this respect there is not a conso- fore, he argues that they are a sectional party, nance between the action of the democracy of from the fact, that in their national convention former times, and that of later days. I could there was not a representative from the slave go into details, and give you the views enter- States. And he says, furthermore, that in the tained of this measure by some of the most dis- democratic national convention, which nonjitinguished members of the democratic party-of nated their candidate for the Presidency, every the present day, if time would permit. I will State in the Union was represented. simply give you the opinion of one of their most These statements all look plausible upon their distinguished leaders. distoiguished ladersL. rfhiaface; but how are the facts? Let us look for Ion. James L. Orr, of South Carolina, in a }a moment and see how they are. What made letter to Hon. C. W. Dudley, says: the republican party a sectional party? Was "Since then they (the democratic party,) have there any thing in the platform, was there any actually repealed the Missouri Restriction, thing in the call of their convention, which was openeed the Territories to settlement, and enabled sectional? Was there any thing which they us, if the south will be true to herself, to aid in adopted, which was not in strict accoid-llco peopling Kansas, to form.,nother slave State. with the principles of our republican instituaIn 1843 a man would have been pronounced in- tions? Was there any thing that was not in sane, had he predicted that slavery would be in- strict accordance with the priciples of the Wiltroduced there by the removal of congressional mot Proviso and the Jeffersonian ordinance, to restrictions." which allusion has been made in the progress of I do not expect to live many years longer; this discussion? An invitation to act with them but I do hope that when I look forth for the was thrown broad-cast all over the land, north, last time upon the earth, I shall look upon a south, east and west, to every man of every land that is free. One thing will console me in narty, who could unite upon a general platform my last moments; if my country is enslaved, no to stay the onward and aggressive course of human being will find my vote recorded in favor slavery, to -restrain slavery within its present of slavery, It will be a pleasure in my last mo- limits; or, in other words, to keep the territory ments to think that I have done what I could to of the United States free to the free-born citistop this inhuman traffic in human beings. zeus of America. If this was sectional then Mr. CLARK, of Alamakee. The able re- was our government based upon sectional prinmarks made by the gentleman from Mu-catine, ciples [M:r. Parvin,] who has just taken his seat, will As has been shown by the gentleman from render it unnecessary for me to be very lengthy Muscatine, the principles of our governlment in the remarks which I shall make upon this oc- were based upon the supposition that slive y casion. I rise more for the purpose of defining was sectional and liberty was universal (r nao my position, and entering my protest against tional. The principle was acknowledged, even the position assumed by those who speak upon before the adoption of the present constitutioni, 90 too 31st Day.] SUFFRAGE RESTRICTED TO WHITES. [February 24th needful rules and regulations for the govern ment of the territories, and to prohibit slavery therein; while the pro-slavery South, with their associates of the North, in the Cincinnati Con vention, denied that Congress had the right to legislate for the territories of the United Sta,t es. We claim that these facts show that the posi tionI we take is true, that slavery is sectional and that liberty is national, and that the demo cratic party, having acted with that sectional party in the South, is identified with it, has adopted its principles and is prepared to carry out the measures which they consider as vital to their schemes of extending slavery. The gentleman from Des Moines [Mr. Hall] says that the Democratic party is not in favor of' slavery. I know we c.-nnot find a Democrat here who will say that he is in favor of it. They all say they are opposed to it. But let us go back a few years, and ascertain from the history of the past what the Democratic party was, and what they are now in favor of. Slavery, as I said before, was prohibited in all the tetritories belonging to the United States in 1787. That principle was acted upon and recognised as law by every party which was in power from that time up to the adoption of the Missouri compromise. Upon that subject it is necessary, and it will be proper, to spend a few moments, to ascertain whether that principle, or that position, was true or not. Up to the time of the adoption of the Mnissouri co promise, no p'lrty and no administra tiorn, so far as I con ascertain, ever questioned the right of Congress to legislate fo)r the tearntories of the United States. In doing tl.ait they claimed to do it under the constittution of th e United States. Chancellor Kent uses the following, language upon this subject, in this first volume ot his Commentaries, page 383: ",With respect to the vast territories belonging to the United States, and whichl are not distinct political solieties known to the constitution as states, congress have assumed to exercise over them supreme powers of legislation. Exclusive and unlimited power of legislation is given to them by the constitution, and sanctioned by judicial decisions. The general sovereignty existing in the government of the United States over its territories, is founded on the on, litutiJn, which declared that'Congress sh.ould hlave power to dispose of and make all needful rules and regulations respecting the territories, or other property belonging to the United States.' In the Michigan territory, congress have, by the acts of 7th of August, 1789, and January 11th, 1805, adopted and applied the principles of' the ordinances of the. confederation congress of the date of the 13th of July, 1787. This ordinance was framed upon sound and enlightened maxims of civil julrisp~ udence, and tihe judges appointed in that territory hold their offices during good behavior. Ill the Arkansas territory a great There is another view to be taken of this ques tion, to w hich I wish to allud e f or a mo ment. Tfhe membe rs of the Congress that pass ed that ordinance, were members of the conven tion t shat fram ed the constitution, under which we now live, one body sitting in New York, and the o thr a Piaere, er at Phiadelphia. Congress, after the adoption of the const itution, saw f it to re-enaict the ordinance of 1787. The y did so, and it has been adtheed to since. If this be true, I ask how can the republican party be called sectional when the call which they issued to the people of the whole United States, was to meet in con vention upon the common ground of oppositi on to the further exten sion of slavery as laid down bte Une o I f th e ordinance of 1787? If this w ere a sec tional conven tion, then all I have to say is, that our forefathers who framed the ordinance of 1787 were sectional. But this ws was not the case and thie republican party conv ention was na tional in its character, for they laid down the general p rincipl es of na t ion al liberty and freedom, in contra-distinction to slavery. Bue t the gentleman from Marion, [tfr. Gibson] says that there was not a erepresentative in it from any of the slave-holding States. Grant it; anwl what does it prove 9 It merely proves that while the republican party was national in its object s and d esigns, th e souther n States were sectional. Why did not the South come into that convention, which was based upo n the gen eral principles of equal rights to all sections of the United States? It was for the simple rea son that they were sectional, and they advoca ted principles which were antagonistic to the principles la id down in that call; for the reason tmat they had declared that they would carry slavery int o the territories of the United St ates, and for the reason, f urthermore, that they had p erv e rted our government to their own ends. That is the reason why they did not come i nto our convention. If these facts do not prove that the South was sectional, let us examine one step farther. At the convention which assembled at Cin(-innati, we find that the democratic party of the North met the South and proclaimed the right of every man to carry his property of every kind into the territories of the United States, and denied the right of Congress to pass any law to prev ent it. Which of these two parties I ask you wa,s sectional? The republican party laid down tl e position that Congress had the right to make all 710 [31st -Day. Tuesday,] CLAIIK. that Congress bad jurisdiction over the territo ries of the tttiited St,-ttes. It was then the poli cv of our overnment to stay the onward marc slavery,' and to hem it within the limits whic ;t then possessed, so that it should not be al lowed to step outside of its local exiSteDce in th St-litt —s where it had -,i foothold. They said tha slavery, or involuntary servitude, should not b .tlloived in the territory then denominated th northwest territory, and which, at that time comprised all the territory that the United St,,i.te possessed. This principle in our governmen was older than our present constitution. SUFFRAGE RESTRICTED TO WHITES. er sibl)jectii,n is created to the will of the Presi- vor of which, not a sound argument can be addetit of the U,tlitedi States. duced. This principle was incidentally, but It w hed in the case of the Cnl Co - very tenderly and carefully alluded to by a gen "Ilt waR; held in the cawse of the Calnal Comn n is. iiroad Copn Gill &Johnsons tletnan upon the other side, last evening, when I-$. f.4 Gill Jo hlie referred to the right of the people to govern Rep irts,1] ty 1 th e Court of Appeals in lMary- themselves. What is the principal of squatter 1,m,d. that Con~ire,~s acted in the gover~nment ofoult .tlit ~s actes in the g overnent ot steignty, when carried out to its final result? the Di st,'it t of Colurubbla tnd otlier districts, not the Di'ti-t of C,ubia and ot dr, It would reduce men to having no govertinment as it acl~l legislature, but as the le'Jislnture of asaloc:illegturei bth aso the 1ilvsNe at o all in the territories, or else a governmtent the Uotn a nd in the ca1se of the State v s. New hichl makes themt entirely independent of the Oilain s N. Conipany, [ii tbe rtin's Reporth 308, governmenet of the United States. Take the po309] it was held that the legislature of. the ,t] it,, held that, t sition, for a monient, that Congress has no O rleans territory could grant a charter hindtino right to legislate for the territories, that the ons the futurle ~taxte of Lo)uisiana. So, in the o the future tate of Louisina. So in t people are sovereign there, and to what will case of WVilliams vs. the Bank of Michigan, T [ it lead? They may create a king, they may [7 We dell, 539] the New York Court of Errors pass laws establishing a nioitarchy, and they a,;judged that the powver to incorporiate a bank' j(Iged Llt ttaye power to incorporte ask for admission into the Union. If they was with-in the scope of the general powers of have the right to make their own form of gorterritorial legislation conferred upon the Mich- ht here the ow n or o - ^; ~~~~~~~ewrnmenlt, whlere is the nower in Congress to reig n terrlit,)ry, by the act of Congress of, iii, liet is poe Congress l fuise them admission? Suppose Congress has ary llth, 18J)5. The government of the United the power to retluse them admission with suc(h a ,States, which can lawfully acquire territory by Sites, which c~an lawfully acquire territory by constitution and such institutions, grant them conquest, or treaty, must, as an inevitable con- the pri cipie of a su oiereigtity, and tht the pri, cit)ie of squatter sovereignty, atnd what sequence, possess the power to govern it. Th eould be their next step? If they have a igt territories must be under the dominion and to mnke an independent form of goverrmett jnrisdlict'ion of the Union, or be without any fand Congress has no power to legislate for them, government; fo)r thle territories do not, when gornent fr the teritories do not, whe they have a right to ally themlselves with any n,cquired, become en titled to selfggove verment. )ther despotic power in the world. That is the ariwl they are not subject to the jurisdiction of irinciple of squatter sovereignty, carried out to atny State. They fall under the power given to it legitiate consequences, and as gentleen Co'ri,,,r e s s by the consituinThs wstei,legitimate consequences, and a,, gentlemen Congressb;ty the constitution. This was the S-eCicannot fail to see, it strikes at the very foundad)ctrine and decision of the Supreme Court, in tin of our existence as a government. the case of the American Insurance Company vi. Caniter. [1 Peter's U. S. Reports, 511, and In this connection it will not be amiss, persee also, 3 Story's Commentaries, 193, 198, 536.".] haps, to read an extract from Morris' Iowa Re ports from a ca.ise there reported, in which a. de This principle, that Congress had a right t, ports from a cse there reported, in whih a de cision was made bearing upon this question. I legisla,te for the territories has b. en recognized ciion was mle bearng upon this queston. I n actd upon by the court of several of te will only read that portion of the case which has and act,?d upon by the courts of several of tlle rfrnet ssbet States and by the Supreme Court of the United reerence to thi ubject. Stattes. And the democratic party recognized "'Butitiscontended, onthepartoftheclaimant, and acted upon this principle until within a few that slavery is no(t prohibited in this territoryyears past, up to the uime of the repeal of the that the act of 1820, above n,entioned, is a niere Mlissouri cormpromnise. Even the chairman of naked declaration, requiring furthertie legislation the Commnittee on Territories in the Senate of to render it operative-that it merely iml)oses a the United States-Stephen A. Douglas-ten duty on the states and territiries to be formed davys bef,)te he proposed his bill for the organi- within the prescribed lirnits but thatr, witihOiut zition of Kansas, recognized it in a report in further action on the subject, thle law has no which he stys Congress has a right to legislate sinction, and, consequently, t force. This pofor the territories. But all at once he, and the sition, we think, cannotbe nmatintained. (Congress par-ty with wlhich hlie teted, forsook the d-mo- possesses the supreme power of legislation in ctIatic creed, the creed in which they were edu- relation to the territories, and its iiglIt to procated. ai,tl which had been the po)licy from the hibit slavery, at least in relation to slaves subl)sefilst fontiu;ition of the government up to that quently itroduced, isdoubtlesslegitimate. I-Ihas titC. I ask you, then, of how long existence that right been exercised in relati,n to tlhis teris thile pi-es tt democrt-tic p.rty? I den y that it ri ory? Tihe latigunage of the act of 1820, in is the (Ielnocliatic party of former years. They relation to the district of couintrv in which this have fi)rsta.kn the lititi of their falthers, and al- territory is embraced, is, that slavery therein thouth thiev have retained the atname of the dem'shall be arid is hereby fiorever prohibit(ed.' ocltatic pii tt, the- do riot retalin its pIritciples. This seems to be tn entire alid final proihibition, It is nit, tithen, the dittocrattic party of former tnot lookinig to future legislative actiotn to render ye;rs. IFom the lii)siti,,n they once took. they it effectual.' atoce tlrln a ci,t:,picte sutlttoersatilt, nitid they The deci.sion if the Supreme Court of this Ii,W tI tke thle pf,sitiuti thalt. C~,ngre.s liis n', rtig!,t State, reported. I believe, by Judge Mttsti'n, is to legislatte fir the territories of the United dire tly in poiint, recognizitig tiut only the right States. of C,iiig.ress to legislate itn the territories, bh t All.it ince that new-finglel doctrine ofsquat- r. cognizing the binding firce of this Missotiri ter sovereiignty i= biought into existence: in fa- i Coompritmise, going the whole length upon this Blst Day-I 711 [February 24th CLARK. Tttev;tayl SUFFRAGE RESTRICTED TO WHITES. Tuesdayl CLARK. (February 24th subject. But why need I argue the casefurther? by the South. The law was passed under the COut of the mouth and the action of the new administration of Mr. M(,nroe, 1 believe. It was styled Democratic party will I judge them upon created when we had a Democratic representa this question. One of two things is positively tion in Congress. We hada Democratic Senate, true. Either Congress has the power to legis- a Democratic House of Representatives, a Dem iate in the territories, or it has no such right. ocratic President and a Democratic Cabinet. It If Congress has not the right she can make no was a law for which Martin Van Buren stood organic law for the territories; she can make forth as a noted champion. The North were no law imposing any duty upon the future leg- unwilling that Missouri should come into the islatures of the territory. If she has not the Union with a slave constitution. They acted in right to legislate, she has no power at all over good faith, and upon the principles established them. Where, then, are the men who vindicate in the early ages of the government. They the principle of squattei sovereignty in the were unwilling that another slave State should Sen:ate of the United States? What do we see be added to the Union. Ma tin Van Burten, who, them do? We see them bring forward a bill until within a lew years, retained the cotfidence and pass it, without any objection upon this of the Democratic party, who was a confidential grouid, assuming the right to legislate ocr these adviser of Andrew Jackson, and r etaine(l, until territories; not only the right to legislate upon lately, the confidence of Thomas LI. Benton, was unimportant matters, but as to the manner in one of those who took the ground Lagainst the adv iich the people of the territories miay form a mission of Missouri as a slave State.'lThe North StaTe Constitution, for the future government was determined that Missouri should not come of the territories under a state organization. in, and the South that she should come iii, as a They not only assume the right to legislate in an slave State. And then what did we hear, and ordinary calpacity. but to lay down the funda- where did it come from? The cryt was-give us mental laws to which the legislation of the ter- Miissouri as a slave Statte, or we will dissolve the ritory must be made to conform, or it will be Union; and it came, not from the North, but nill anrid void. I say, then, that the very action from the South. It was a new cry in those days, of the Democratic party is in violation of the and it frightened the North. Then, as a coIIIfirst principles of squatter sovereignty, by which promise, as a means of settling this great and they claim to be governed. agitating qestion, the North yielded, and the But they did not stop there. What did we Missouri Compromise was adopted. see next? When the organic law was made in It was a hard bargain for them. The south Kinsas-when a vote of the legislature outraged has ever since got the lion's share, while the bt,th human anod divine lass, violating the fun- north has the jackal's portion. That comprodi menrtal principles of the rights of man, we find mise, in the course of time, became of inestimatte fathers of squatter sovereignty, its right- ble value to the territories north of the line. hand chrampions in the Senate of the United The south had obtained their consideration in t.tt~e-, advocating the passage of a bill repealing that bargain. They had got Missouri into the the legislative acts of Kansas; not only claiming Union as a slave State, and being there, she tle right to legislate for the territories, but to could not be turned out; and in the lapse of o-errlide their legislative acti.on,fter it had gone time her remaining portion of the compromise into operation under the organic law of the te- became comparatively of little value; and then ritories. I ask the gentlenmen how they can de- she turns around, and looks with anll insidious ield this posititin. Either Congress has the right eye upon the portion of the north, and demands or it has nriot; i and if they say thaft Cong, ess has that her tools in the north should repeal that not the right, how dare they assume to exercise compromise. We find the democratic party it {s a right?l coming into the-traces. \We find them coming The gentleman says that he is not in ftvor of I forward of their own motion, and not only enslav ery. Is that true? Let us see for afew m- dorsing the principle, but, not content with that, mnents. Previous to the repeal of the Mlissouri actually helping the south to carry that measure (ooimpromise, the Supreme C,urt of the truited through, trampling under foot that compact. States had recognizedc the right of Congress thus They go further, and claim this repeal as a demto act. The supreme courts of several of the ocratic nmeasure, and require all who will not States have recognized that right in Congress. come into the traces to step out of the ranlcs of TL,e Missouri Compromise, which existed over the modern democratic party. thirty years, excluded slavery f,om the vast Now what did they do this for? What did territory which it covered. Now who were they the south want it for? Will it (lo to tell an inwho repealed that prohibitory law which kept telligentpeople that the south did not wish that slavery out of that territory? It was the Dem- compromise to be annihilated for the sake of ocratic party. Now I ask you, why did they re- carrying slavery into those territories? Will it peal that law? Why did they trample down do to tell them that it was only an eye-sore to that great compact which had been forced upon her, which she did not want to look at, which the North? she did not want to see upon the statute book? Let us go back a few moments, if you please, Will it do to say that that was all the south and look at that contract, and I will be very wanted? Never. The people of the north hri. T.hat compact was forced upon tho North. would look upon that as an insult offered to 712 [31st Day. (Febr-tiLary 24th t t SUFFRAGE RESTRICTED TO WlHITES. their judgment and their intelligence. What tlation to slavery, is oppostion, and if such op was the wish of the south? It was to carry position brings about such results, all I have to slavery there. It was one of the many branches say is, in God's name, gentlemen, cease to be of that grand scheme concocted by John C. Cal- opposed to slavery, so long as your opposition lioun, making slavery national, and liberty sec- brings about such results as we have witnessed tional. It was done for the purpose of tramp- in the United States for the last few years. If ling down the rights of the north. It was done your opposition to slavery leads you to act with for the purpose of gratifying the avaricious the slave power, to coalesce with them, to be wishes and dispositions of the slave-holders of come their suppliant tools, to carry out their the south, who had cast their greedy eyes upon schemes, cease to oppose it. Such opposition the fair fields of Kansas, and coveted them. only adds strength to the sleeve power, otnly adds They wantei Kansas for a slave-pen, and they strength to the extension of slavery in our coundemandled tint it should be given them, even to try, only arra,ys so much the more force against the jeopardy of the Union of the United States. the true friends of republican institutions, only The object of the south was to carry slavery arrays so much the ni(,re firce against the party there; and the democratic party came into the who stand to-day u)pon the principles of Jeftfertraces, and helped themtn to carry it there. They son, and WVashington, and those illustrious tore down the oarriers; and they are most clear- patriots who have gone before us. ly chargeable wnith all the consequences which The gentleman says gin that a ngton Lay flowW fronl it ~~The gentleman says again that Washi~ngton mlay filow troni it. was a slaveholder, that Jeffeon wis a slave But, say the apologists for that measure, we holder; and lie luotes some 1ttinuage of Jelcrdid inot leEi.ite slavery into the territories. son attempting to prove that slavery is a true True, thev didl not. All they did was to pull condition of man; and quotes also froni the d)wi the biieiier which was keeping it out. It Farewell Address of Wtashingtoii, warning thoe would be just like this case: My neighbor has ipeople of the United States again st seftiona,l a large field, flourishing with grain, and I see a jealousies and quarrels. This niy bf ll well herd of cattle flocking around that field, tring I enoiugh in its place, but lie did not happen to to get in. I pull down the bars, and pass along think of the quotation from Jefferson, in which thb,)ut iliy business. Presently I am chalrgel he says with regaid to slaveiy —l' I tremble for with turning the cattle into my neighbors field. my country when I remember that there is a No, I did not do any such thing, I say; I only just God in Heaven, and tihatt his justice shall pulled down the bars; that is all I did. Now, ot sleep forever." His zeal in opposingslavery sir, that is all the democratic party did. They did not lead him to quote any thing upon that only pulled down the barrier which kept slavery side of the question. It was all upon the other out of the territories. side. Is not this a true version of the case. IIave The Union will be dissolved, he says, unless not the ficts which I have detailed become his- the republicans ceasethis ogitation. TheUnrion torical facts? Have they not been responded is to be the price of what? Our liberties? Tilhe to, to a certain extent, by my friend upon my true free-born sons of the North who go into right, [MIr. Parvin]? These are democratic the territories of the Union, cannot go there measures. They attempt to justify them, so free and untramnielled, if they are to come into far as I ever heard any attempt to justify them, contact with the degrading influences of slavery simply from the fact that thev wish to carry out -that principle is to destroy our Union, if we the principles of squatter sovereignty, those are to believe the gentleman from Des Moines, principles already alluded to, and I will not [Mlr. Hall.] Is it so? Has it conme to this? travel over that ground again. But I contend Is the slave power so bound,.to slave territory that there are not in existence any such rights,and their aggressive policy that they will really as those of squatter sovereignty. It is a rnere dissolve the Union unless the North yie d? Inl lame excuse. It is the miserable shield for a the first place MIr. Clhairman, that cry is too wicked and a dastardly act. This is my hon- old. It has, in my opinion, ceased to scare even est conviction. old women and babes. The South are not sin There was another position taken by the gen- cere in it. The South dissolve the Union? tleman last night, [Mr. Hall,] to which I wish And for what? To perpetuate slavery? They to refer. lie laid down the broid position that are not such fools. They arenotsuch madmen. th'e democratic party are not in favor of slavery. } Let the South dissolve the IUflion, and that dislie took the same position with every democ atic solution once effete(d wvould ring the death knell sneaker I have heard upon the statnd; before he of the last slavery that could exist in the rUnited got through he undertook to defend slavery States. Can the South keep in slavery four He undertook to defend slavery last night ie millions of hruman beings without the aid of the drew comparisons between the slaves of the North? It is impossible. The supposition is south, and the free laborers of the north. Like I preposterous. The slaves of the South are only every democratic speaker I have ever heard, he kept in subjection now, for fear of northern baycommenced with being opposed to slavery, and onets, from the fear of the United States govconcluded with an attempt to justify it. Now I ernment. It is perfect nonsense to talk to us do not know that they are not opposed to slavery; about the dissolution of the Union. but if the action of the democratic party inl re- I am prepared to go one step further. What 3 1 St Da.Y. ] 718 [February 24Lth Tuesday] CLAP.[-C. I SUFFRAGE RESTRICTED TO WhIITES. wats this Union created for? IVIhat was our I do not say this in the naine of the reput-lii(an presecit constitition adopted for? Whlalt were -party; I sily it for noi man but nryselL I siy its ohjcts? We filid those objects statt d in so thalt I love tile colnstitultion; mlId I 1ive it foi its m:ltny w,,rds in the very corilrienceineilt of the itlirinsic value. I l)ve it because I believe that constitution wheni it is righitly cor stiued it secures to every "Ve, the people of the United States, in or- man these inestimald)e blessings whlichl the G,od der to f)rni a more perfect Utjion, establish jils- of i,ature gave him. But if the po-ition ofl the tice, insure ilomnestic tranquility, provide fo thle gentlenman is suseptible of denionstraiion, if common defense, pronmote the general welftue, the onst'tution can be sopeiverted as to beaud secure the hlssings of liberty to oirseles corie an engine of tottule antd oppression, it and our posterity, do ordain and establisl) this hlas lost its value to me. In other words, if the constitution for the United States of Americ.." South can take that instrument in their h1i1rs, .ani can carry sllavery by it into the territories These were the oojects. The framers of the of the United States; if they cat oveirun the constitution were so careful, so guarded in their northern States, as they cl'tim they have a righlt languaige, so desirous to secure those ojects to do under that constitution it is no longer a tha to e d o undnolerv the t constituction it i o lne that tQey would not leave the construction to constitution for me. Where will they stop 9 be merely placed upon the words,-which fromnt the very nature of nmlanl, must be imperfect- This leads me to another point; where will cotita.ined in the different sections; bit they the South stop in this matter, that S(outh with start with the declaration of their objects. It which the Detocratic party of the Nortl are was their object to secure the blessings of lib- acting? This inqtir leads me to go ba.ck agai erty to themselves and their posterity. And let for a few moments, if you will bear with mie. it be borte in mrind that the constitution rests There was atime when the Democratic party upon the foundaftion of the Deciaration of Ilde- was a party defending state rights. Thlere was peudeutce, wh.ch was formed( when the word a time in the history of the country, when the " liberty" had such an infliuenc-e over the three Democratic party stood ftirth as the peculiar nilli')ns of people then iihabiting the Uiiited;lchalmpion of state sovereignly and state righlts, States, that it armed them with almost super- and was jealous of the power of the cent,l hutman skill and power. atdI brotught them forth go,ernment. The tine was once when thele 11 ~ g vrnet T hetime twsonewethr v-ictorious after aseven yea-rs bloody war with were two parties arrtyed against each otlher in one of the most powerful nations of Europe. thin country one called the Federal party aind 'Liberty" meant somnething in those days. And the other the Republican party; for the simille the people of the United States, when they enl- reason that the Federal party believed that the dorsed that preatmble, meant what it said. That constitution should be ad(lopted( because it did was the object.; and the constitution is the su- not confer any power which would be dangerous perStrlucture upon that foundation. What made to the staltes, while the other party, claiming to the constitution dear to the American people? be the states' rights party, was opposed to tlhet; The parchment constitution, in its intrinsic and even that stigmra thrown upon the federalworth, is no more than a piece of blank paper. ists, has been handed down to us as a cant It is useless, senseless, meaningless. It is only phrase within nly own remembrance. tiie blessings which it secures to its possessors Arnd now what do we find the Democratic which make it valuable. Now if we tike the party advocating, and whom do we find them position of the gentleman from Des Mloines, [M. ac.tig with? They are actinig with the South; Ha ll,] that in order to keep the colnstitutionl in and that, too, when the South demanads-what? existence, we niust tear out from it its vitality; Let us look for a moment. if we take the position that in order to keep this Tiley demandgd that the fugitive slave law Union togcether, we IllLIst triimpl,e under foot the should be 1pa,sed. Was there ai)y need of that spirit and inearning of the constitution; we ter- law being passed? -as there aty lecessity tor der the constitution no longer sacred to thle it, to early out lhonestly ntid ititlif'ully the propeople of the United States; and firom1 being an visions of the constitution? I say, no, arid I object of love and admiration, it becomes an ani willing to meet any 1man upon tehat position object of detestation. The very nmoment that at any reasonable tinie. But that one act, in it.elf, co titutioncan be perverted ilito an engine of was thle most aggressive and overreachiug ill the lnjustice and torture, an enginie of coirliption strife toward tle entlrallation (f Ivr y t 11~ ~ ~~~tieowrt~ c e t a l z t o n o owt-r I,,yt!:e and oppression, anrili the people of tile Uiited general g(overlinilelt trigt has e(ver )etn ad(,lpted States are led to regard it in that light, they y any coigress of the Uiiittl Stit(s. Ulkat will detest it as much ats they have ever ad- des it do? It -ltsrfues the tight to overtid mired i t. lhe statye sovereiglnty. It as.uties tl)he right to If then the gentlerman can prove to me that traliiple d(,own the writ of habets c,,rlus, that the ULin0, based upo01 this colnlstitutilon, catli bulwark ofi Egllish lil)erty. It asslumes ihl only Ibe perpetoated by lhe advatiement of the right tol trimple ilto tile dust tle riglht of jury principle which tile South aud the denmocratic trial, tillit pIallidiiti( oIt American ilJltitulion0s. party now prl.claiul to the world, and the ex- It is urgeli t y tile South: that it wals lJot a Ilarty tensioti of slavery, 1 am1 pr-epared to meet the (,r a sectional llmeasure. No'thetilll nleli (If ho)ti gentlentin th:re, and1(1 to sly that 1. for one, dIl parties catme ilto tile traces. WTe find Clay a(d. ant care liow soa tat Ution goes by the board. Webster, as well as Demuocrtic men, advocating 714 Plst Day. ']Vuesday] [Febr-itary 24th CLARK. i II SUFFRAGE RESTRICTED TO WHIITES. CLARK-SOLOMON. [February 94th and voting for the fugitive slave law. It did North has no privileges which are not granted not pass either as t Whig or aDemocratic mea- to the South. BN the law of nature anrd nature's sture, for it was purely a Southern measure. Go(], and by the common law of our land, 1 can Btut how stand the parties now? We find it hold property in a horse, an ox, or any kind of claitned as a Democraitic measure, endorsed by property but land, without any organized act, their platform; and every man who would be without any legislative act, without'any munici considert(d a good Democrat is required to sub- pal guaranty or right. I hold it independent of scribe to its faith. this. Nay, I go further, and say, they have no What is it that has wrought these changes? right to deprive us of this right. Is it so when Whliat is it that has driven the independent and we come to talk aboutproptrty in man? Clearly 'earless Demuocracy up to this mark within the not. By the laws of nature arid nature's God, i tst few years? The state of New York used to by the institutions of tile country, and by the b)e Demioclratic; but now the Democra,tic pa ty common law of the land, by the operation of the is neither ihe first nor the second, but the third constitution which is carried into the territory, p;.trty in the State. IWhat has wrought this wherever our flag floats or the United States chan,e? government extends, by those laws men cannot Now let us look at the question: what other hold property in their fellow men. He can only princiles do we find thile South claiming, that hold it by local laws, positive local laws. Now, )Ilty with which the Democratic parity of the suppose that the State of Missouri passes a law North claims t o acth I e find t hem advocati ng permitting me to hold property in a fellow mian. \urth~~ ~ clistoat We idte doaig~ here does it. tive me the rgtt odta the princile that this property of the United ere does it e me te right to hold that States, wtnd therefore the territory of the United property? Does it make my fellow man my States, being common property. purchased with property anywhere out of the State of Missouri? the co on treasure and blood of the contry Are the legislative enactments of Missouri o'f any tl coqui redasu anblo oft common gvrmn,iopnforce beyond the limits of the State? I appre oir acquired as a common government, is op-en ato lq. Thed clai m that while the iroth take bend not. I amr not compelled, even if I am a tol.ir proheylty to thaos e territories, it wul be citizen of Missouri, to hold any property in my their property to those territories, it wuold befelwmn;adiIdoiat,l,Iditotn ,iitjust to exclude the South from taking their fellow man; and if I do it at all, I do itvolun )r)t thee. They terefor claim at the tarily, knowing the liabilities and disadvantages p~ro t!)erty there. They therefore claim at the hlndst of the Democratic party, to exercise that inctrret in investing my money in that kind of igt The oratic party have acqieed property; knowing theat, as I hold it under the in it: andT say that Conprtess cannot,legsitte llaws of Missouri, I can only hold it where those in it, and sa~y that Coing)iess cannot legislate sil,verv out of the territories. laws are oplerative. I know, or ought to know, 'w~a t tand ant presumed to know. that I cannot take They have gone even further in relation to that property out of thejurisdiction of that State K.nsas asiid'ebriasha. Mir. AMace, of lutdi.tna!tand continue to hold it by virtue of the laws of ii thle House of Representatives, when th at tlat State. The consequence is, that the nionient question was tip in Cong,ress, proposed an |I pass the dividing line, the moment I pass be aiietdiient, providing tbhat tlielegislature of the lIyond the juirsdiction of the State, whose laws territ(ry of KIttsas mighit have the right to ex- have made my brother my property, he stands clti(le slavetiy from that territory if they wished. forth disenthralled, emancipated, a man. Tll..t proposition was distinctly offered and dis- Mr. Chairman the citizen of the North has no tittetly- voted upon, And the South, with the Mr. Charman,igh the citizen of the Northn hand to D'nmocrats of the North, voted down that pro- right to hold property in his fellow-man arid to potion, andths the denidthveir own principles carry him there. That right does not exist. ~ tn sundtter sovereignty. Thaet very party which Nor has the citizen of the South any such right. une id tte soseitionty that Congress could iot Men cannot be carried there in the shape of legislatte for the territories, assumed, also, in property either by the Nortr by tle Sout. frairning an organic law for the territory of Kan- Mr. SOLOMION. The aid societies of the sas. to refuse to grant to that territory the right North have transported men to Kansas for the to abolish slavery there if they wished to do so; purpose of moulding the institutions of the 'tlid they established the principle that the country. S,outh should have the privilege of carrying Mr. CLARK, of Alamakee. Granted, for the ,laverv into the territories of the United States, sake of argutnent; but it does not refute the at the expense and cost of the liberties of the position I have taken. They do not carry them people. This was a part of the measure. there as property; and when there they do not They claimed the right, I say, to carry their assume to hold them as property s!avesthere as property. Now I will admnit that Mr. SOLOMION. They are the very worst the proposition is apt to stagger one at the first kind of property. blush. To the superficial reader or observer it Mr. CLARK, of Alamrnakee. Perhaps so, in looks very plausible. It istrue that if the North the opinions of the new-fangled democracy. have the right to carry their property there the They still have the scales upon their eyes; and South should have the same right; but we lose these new-fangled ideas seem to have infatuated sight of the great principle which underlies all them, verifying the saying-" whom the gods government, when we superficially come to the wish to destroy, they first make mad." Now let conclusion that therefore the South have the us look a little further. The North lave no right to carry their slaves there. In reality, the right to take property in man itito the territo Slst Day] 715 Tuesday,] SUFFRAGE RESTRICTED TO WHITES. ries; they cannot take it there. Then they are found at this time? Is it with republicans? Is upon an equality. Coming from the North or it with democrats? Is it with that party who the South, from any part of the Union, they go advocate and adhere to the principles that led there upon an equal footing, as brothers. But our forefathers forth to battle? Go into the the very moment that you establish the other southern States; and what do you find there? principle, that the slaveholder may take his The liberty of speech, the liberty of the press are property in man there, we do not go into the cloven down. Even in Virginlia, that Virginia territories upon an equality. A privileged class which was once the cradle of liberty, a man is established there. The citizert of the North, cannot speak or write his sentiments upon this nurtured under free institutions, is compl)elled, question. In ourlast Presidential canvass there in going there, to live under the degrading influ- w ere men there who attempted this, who took ences of slavery. pa'pers from the north; but they were obliged to There was another remark made by the flee fiom their native land, for no other fiault Achilles the great champion of the democrtatic under the sun, but daring to believe that the party here, which perhaps deserves a passing self-evident truths of the decl'irationr of indenotice. He says that our glorious Union, an(i pendence were truths, were realities, for no the constitution of the United States, carry pro- other offence than believing And saying that all tection to every human being in every land, men were created equal, for daring to demand where our fldig floats. He left out one little item for themselves the right to qliestioti the rightin that assertion. We happen to have in our fulness of the institution of slavery. Public own ltud a population a little larger than the opinion is alive on this subject. The gentleman whole population of the United States at thhe has talkated about the niger. If I hated the ecommencement of the revolutionary war, a pop- gro with as perfect hatred as the gentleman, my ulation of six m llions of human beings who are principles, and my position, would be the same. now deprived of the very first attributes of hu- But when the democratic party threw out that manity, in our southern States, notwithstanding slur, I say that they misrepresent the people, the protection of the constitution and the Union. and stand in opposition to the great eternal By the local laws of their States, they have had truths thiey claim to be fighting for. their manhood torn from them; the image of He who in the north w,uld enslave the negro, God in which they were created, has been strip- who would strip the negro of the rights with ped from them, and they have been dragged to hich he was created, who would rob him of the earth and trampled under the iron heel of his manhood, would rob you or me. The same slavery, until they are perhaps more degraded principle has robbed millions upon millions of som etimes than the brutes themselves. white eole. There need not be one sentence wht seolu.Thr, Iee saytht tey miseprsenttenpeope They tell us that if we do not have thi re- f the law of the southern States changed, they striction, the slaves will overrun our country. can remain as they are now, and yet with a We do not see them if this State, except when mere change of circumstatces the present taskflyingr from sou; trn bondage, and on the way masters can become the slaves, and the present to twNthe North, flying from the bloody talons of sla the the masters. The right to enslave the the American eagle perched upon this constitu- black man is not predicated upon principle. It sion, to settle down under the protection of the is predicated upon the power of might over shaggy mane of the British Lion; seeking there right. It is the power which the tiger has over the protection of which we rob them. What a his prey. Upon no other principle can it be decomment upon the glorious Union, and the glo- fended. Do you tell me that the slave States rious constitution which my friend lauds to they are not in favor of the advancement of slavery? skies, forgetting the wrongs perpetrated in half You may as well tell me that the sun does not of the States of the Union under this constitu- rise in the east, nor set in the west. Their tion. There is virtue in that constitution; and policy, and their very existence requires it. when I make these remarks I do not make them There are about two hundred and fifty or three for the purpose of throwing any odium upon hundred thousand men in the southern States that constitution. The constituttion is right who are slaveholders. That little band of slave- The constitution, if carrieold holders forms a perfect aristocracy. They wield be rigfht; but that constitution has been per- not only the destinies of their own people, their verted by the leaders of the grea t democrati own tumber, and the ir own slaves, but the great party,-I do not mean the great mass of the mass of the white people are kept by them party, for I believe their hearts throb for free- almost upon a level with the slave, almost upon dom as mtch as theyi ever did, and as much as a level with thie black man. They have got the republicans. But devices are resorted to in their iron heels and despotic power fastened order to keep them from following the impulses almost as securely upon the great mass of the of their hearts. The constitution is right; the white people as upon the slaves. great Amrerican heart is right; but the fault lies The gentlemen upon the other side tell s that own gnulmbern apnd thei owne slaves btelu the rat inthte las o the at deosigning cl mass in th witao e commu nity homgare determined to root out the very first princi- itate the public mind by advocating the princ party, f,)r I bel~~~ieetherharsthrbfrfee-alvlwt the pblack man. Thy advoaigte gotci ples laid down in the constitution and to make ples of the republican party. We must not raise ~~~~~~~~~~~~ples laddw ntecnttto,adt aeIIsof the republican party. We must not raise it in fact valueless and worth less. these questions. These questions, we are told, In what company are my northern friends arc beyond the reach of human power. They 716 [3 I St 1) a y Tuesday] CLARK. [February 24th II SUFFRAGE RESTRICTED TO WHITES. Tuesdayj CLARK-C)LARKE, of J.-JOHNSTON. LFebruary p4th are implanted in the very nature of thing. Liberty and slavery are antagonistic principles They can never exist and flourish in the same country for any length of time, any more than oil and water carD be made to harmonise. One will necessarily predominate at the expense of the other. Quiet agitation upon this subject I Let the gentleman do it as much as he pleases. Let him place the whole South with the great democratic party of the North, upon the necks of these four millions of people, and upon the principles which are violated in the community every day. Let them bear down upon them with all the force they have got. But I tell you that, bye and bye, in spite of all this force those peopie will rise up, and there will be a commotion that will hurl aside those men that are at the top, and they will be just as likely to fall at the bottom as anywhere else. It is in vain to think that man can rob his fellow man without having the wrong rebut upon himself. Gentlemen talk about agitation. All I wish to say in reply, is: Do right; bring our government back to its first principles, and administer it upon those principles; and you need not fear agitation. How many years is it since there were but two great parties, north and south, the democratic party and the whig party? But at the time ofthe adoption ofthe compromise measures, in 1850, the famous fugitive slave law was enacted. I notice that my friend who has just spoken, [M,r. Parvin,] although he cannot conciur in the fugitive slave law, still seems to recognise it as a law. I cannot, and never shall. It is a libel upon the English language to call it a law. Soon after the passage of the Compromise measures, we find the great whig anddemocratic parties laying down their platforms, and that they both resolve that agitation shall cease. Both the great parties declared that they would frown upon it; they would put it down; they would discountenance it. They elected their President upon that principle. And how long did the resolution last? It never will be effectual until man obtains the power to repeal the laws of nature and of nature's God. Just so sure as God is omnipotent, just so sure as eternal and everlasting right pervades all his works, just so sure as error, when it comes in conflict with truth, must sooner or later fall, just so sure those who vote contrary to the principles of right, will, in the end, find themselves wanting. The PRESIDENT having resumed the chair The CHAIRMAN reported that the committee ot the whole had had under consideration the subject referred to them, had made some progress therein, and Lad instructed him to ask leave of the convention to sit a gain. The report was received, and leave granted accordingly. On motion of Mr. CLARKE, of Johnson, The convention then took a recess until this afternoon at two o'clock. The Convention assembled at 2 p. mr., and r(iwas called to order by the President. Mr. JOHNSTON. I desire to make a fow remarks, preliminary to a motion which I shall submit to the Convention. I wish to call the attention of the Convention to the point we have reached, and whither we are drifting. We have embarked upon a debate here of a partisan character, which, if continued, will be likely to consume a considerable portion of the time of this Convention. I have no disposition, myself, to stop the progress of this debate. If gentlemen desire to make speeches on national politics, I certainly will not interfere; but I desire, so far as I can, to expedite the real business of this Convention. It was for that purpose I came here. The gentleman from Lucas, [Mr. Edwards,] made a speech on yesterday-the first speech of a purely partisan character that has been made What has occasioned the downfall of other nations? There is no necessity of human government being of limited duration. If our government was based upon eternal principles, and was carried out in harmony with them, it would become as everlasting as the principles themselves. Go back to Rome, Greece, or any of the ancient nations which have flourished, and fallen. Go back and compare them, if you please, with our own, upon the very principle which the gentleman has referred to, the protection which is afforded to mankind under the American flag. Time was when the Roman 91 717 Slst Day.] [February 4th Tuesday] CLARK-CLARKE, of J.-JOHNSTON. eagle glistened in the rising and the settings, sa-a. It was then sufficient to protect any man iri any part of the world. He had but to declare 11 I am a Roman citizen," and none dared to molest him. What has become of that great nation? They foundered their bark upon the'everl,,,,stin., principles, the violating of which are now corrupting and absorbing our government. T.,ike any other government which has ever existed upon the face of the earth, and which has cea3ed to exist, and you will find that the seem of decay were the same. No human government can ever be permanent, if based upon principle,antagonistic to the principles of the great la-%vgiver; for they have in them the seeds of their own dissolution, which, sooner or later, will grow to maturity and ripen. Mr. CLARKE, of Johnson, moved that tle committee rise, report progress, and,isk leave to sit again. The question being taken, the motion was agreed to. In Co)tvention. EVE, NING SESSION'. Order of Busipess. ORDER OF BUSINESS. JOHNSTON-ELLS-GILLASPY-SOLOMON —WILSON. [February 24th cussion which has been commenced, and I hope we will settle that before we enter upon the con sideIation of any other subject. Mr. GILLASPY. I hope the convention will take up the report of the committee on education and school lands. I was very much disappointed this morniing, at the vote of this convention, by which it decided to go on with this partisan debate, in preference to taking up what I conceive to be the legitimate business of this convention. I hope the party upon the other side will be satisfied with what has been already said. For one, I have had enough. I am perfectly content. And I hope no gentleman upon this floor, of the party to which I belong, will have any desire to take up the time of this convention in discussing party politics here. It seems to me, such a discussion is entirely out of Dtlace here, and I hope the cons ention will take up the business legitimately before it and which we all came here to tra nsact. Mr. 2OLOMON. It is a fixed and favorite maxim with the political party, with which I have had the honor of acting during the short period of my political life, that all delib erative bodi e s s hould conf ine themselves exclusively to the legitimate sphere o f the ir d utie s. It has been my experience that the losing sight of this maxim has done more to injure us as a country, through the wrong action of our deliberative bodies, than any other tihing. I am, there fore, opposed, in point of principle, to continuing this discussion. I do not wish it to be understo od, however, nor Clo I presume my colleagues will desire to have it understood, that we have any fears of the result of the debate upon this subject, either here or elsewhere. But the fact is that we feel that, under the oath which we have taken here to do our duty to our constituents, we should not consume any more time in discussing this question, which is evidently extraneous. I felt a delicacy about taking this position against the further continuance of this discussion, from the fact that it was thrust upon us from the other side of the convention. It was with this viesw that I have withstood the temptation-for there are temptations of that character-when I heard the party assailed which I love, to which I look for the preservation of our civil liberties-I have resisted the temptation tion to rise in my seat and use my tongue, the tongue my Maker has given me, in the defence of that party and its principles. BIst I have withstood it so far, and I think I shall try to do it hereafter. I shall vote to turn our backs upon this discussion, because I believe I am bound b,- my oath to do so. Mr. WILSON. I cannot permit the remarks of the gentleman from Mills [Mr.Solomon] to pass without some notice. According to my recollection of the proceedings of yesterday, it is not the Republican party that are justly chargeable with having commnenced this discussion. As I understand it, this discussion had its origin in the minority report upon this ques in this body. He was followed by the gentleman from Des Mloines, [MIr. Hall,] and the gentleman from Marion, [Air. Gibson,] with like ptrtisan speeches. This morning w e h ad t he same kind of speeches f rom the gentleman from Musca tine, [ nr. Par-vin,] and the gentleman frora Alamakee, [,Ir. Clark.] I say I have no disposition to stop the progress of thi s debate; but there are other matters, i think, which have higher claims upon the considerat ion of this Convertion than a debate upon th i s matter of thie right of suffrage. It will be rememob ered that this Convention has fixed upon the fourth of nexst month as the day of final adjourn ment; and I t rus t that every gentlem an w ho vo ted for fix ing that day as the time for our final adjournment, will hold inflexibly to it. I do think there is n o good reason why w e should not be prepared to a djourn at that time. T here a r e matters of importance upon the t able of the Convention, to be acted upon by us; fo r instance, ther e is the report of the committee on education and school lan ds: there is the report ofthe select commitee on incorpo rations, and the report of the c ommittee on thiscellaneous subject s. The report of the committee on the schedule will be laid before us in a short time. All of these reports will require a good degree of consideration. I know that it is the desire of every gentleman here to get home as soon as possible. I am myself anxious to get home, and I presume every gentleman here participates in that feeling; but I have no doubt there will be ample time to discuss these questions, and carry on the debate which we had iast night and this morning. We can do that either at night, or at some other time when we are waiting for other business. And for the purpose of testing the feeling of the Convention upon this subject, I move that the Convention now proceed to consider, in committee of the whole, the report of the committee on education and school lands. I will say, in addition to what I have said, that this debate has assumed-and there is no use in attempting to disguise the fact- a purely partisan character; and, so far as the parties represented upon this floor are concerned, there have been three upon the one side and two upon the other engaged in this discussion. The gentleman from Henry, [Mr. Clarke,] confined his remarks entirely to the subject before the Convention; and the gentleman from Scott, [Mr. Ells,] made no party speech. I was about to say that, as a matter of courtesy, the Democratic side of the Convention would be entitled to the floor; but I understand they are willing to forego their claims upon this point, and go on with the report of the committee on education and school lands. Mr. ELLS. I hope we will not go into committee of the whole upon the subject of education until this report of the select committee on the right of suffrage is disposed of. Several gentlemen are desirous of going on with the dis "is [31st Day,. Tuesday] ORDEIr1a OF BUSINESS. Tuesday] EDWARDS-HALLI. LFebruary 24th tion, submitted by the gentleman from Des go on with our other business. That was the Moines [MIr. Hall]. That is the way it came reason that induced me to make the speech I here. That was the moving cause, operating 1 did; merely on account of the political maupon the minds of the liepublican members of ncouvring of gentlemen on the other side, to enthis body, leading to this discussion. And I trap us into having the report printed, and thus shall not sit here silently and hear that charge prolong the sessions ofthis convention. brought against the Republican party, without Mlr. IALL. I must confess that I am astouneitering nmy protest a, ainstit. We did not ori- ded with the idea that, by making the report ginra c this discussion. It was originated by the of the minority of the committee, I was the other side. cause of all this debate. That was the last thing On the minority report hangs the whole diffi- I thought of. And it strikes me that such a culty, and to it belongs all the blame, if any charge is only an apology, and a very lame one blame there be, to be attached to this discus- at best, for the course gentlemen have seen fit sion. to pursue upon this subject. Now, I shall vote against postponing this In the first place, this minority report which subject and taking up the report of the commit- gentlemen say has caused all this commotion, tee on education and school lands. I want this has not been before the convention. Atnd the matter determined. We must go through this argument contained in that report has not been discussion, and determine this question at some sought to be met by a single gentleman here, time, and we may just as well do it now as at nor a word said upon the suibject, nor enen alany other time. laded to, by the gentleman who now says he Gentlemen may talk about evening sessions, "saw an attempt at political man(muvr'ng, and but I apprehend fithat those who talk the most met it at the threshold;" not a word, for 1 lisabout evening sessions, do not care much about tened attentively to the whole of his speech. meetiing with us theii. Why is the report now dragged in as an apolo gy for bursting out into one of the wildest polit I hope the convention will go on with thisg Ialter th i e con geti thrlgo u gh with this ical phillippics I ever listened to in the canvass matter, ard if we can get through with it to)- or in the field? Gentlemen may charge it all or in the field? Gentlemen may charge it all day, let us do so, and have it out of the way. upon that report but when this discussion We can then go on with the other business. comes to be printed, they will fail to find any in Mr. EDWARDS. I cannot sit still, and per- dication in it that it was even thought of until mit myself to be made the scapegoat for what now. They have not discussed the p ints in the other gentlemen of this convention have done. argument of that report; nor did I myself in The gentleman from Jefferson [Mlr. Wilson] has' my remarks last evening discuss the report to given us a true statement as to what led to this any extent at all. I scarcely thought of it dupolitical discussion. On yesterday I saw the ring the time I was speaking, nor did othel genattempt at political manoeuvering upon the part tiemen here discuss it. of the Democracy of this convention, to have Why, then, this excuse or apology? The genthe elaborate report of the minority of the se- tieman speaks of an effort to entrap the republect committee on the right of suffrage printed licans. Now I know that charge is as baseless by the convention, and sent forth to the world as the other, and totally without foundation. I in order that they might make it appear that the know that my political friends here left this report of the majority had been endorsed by matter to the majority during the whole of the this convention, when in fact that special com- day of yesterday, and opened not their lips u — mittee had had under consideration the unani- til last night. And now, after getting up here mous report of a standing committee of this and going through one of the wildest and most cbody. And those gentlemen wasted the whole furious assaults upon the party to which I have of the forenoon in calling the yeas and nays, the honor to belong, the gentleman says it was endeavoring to force us to consent to themotion the report of the minority that led him to do so. to print. What was the position I then took? Why, sir, he did not say one word about that It was that if they were allowed to have this report. He did not even think of it during his report printed, it would be necessary, in the whole speech. That is all gammon. That revery nature of the case, that this question should port was laid silently upon the table, at the inbe discussed, either this week or sometime be- stance of a member of the party to which I before the convention adjourned. If we acted long. upon it at all we would be compelled to discuss A motion was made to print it, which was it. And if we printed it, it would, therefore. carried. But gentlemen thought they saw a only delay the business, and prolong the session trap where none was intended, and they reconof this convention. sidered the vote, by yeas and nays, ordering And when I saw the political mancuvring of that printing. But they cannot gag us; they the democratic party, to entrap us in that posi cannot seal the lips of the minority. We still tion, I fought it at the very threshold. My ob- have the poor p, ivilege of complaining when we ject was to bring the question before the con- are unjustly dealt with. vention immediately, allow every member who Now, I say the democrats here are notresponshould think itright and proper to do so, to give sible for this discussion; nor have they occuhis opitious upon it, and thus dispose of it, and pied oiie moment of the legitimate time of this 719 31st Day.] Tuesday,' [February 24th EDUCATION AND SCHOOL LANDS. SKIFF-CLARK —IALL-JOHNSON-TRAER. convecntion until now, in the discussion. All the ,ine they have taken has been at night. This morniing they moved that this discussion'e pos+poned, so as not to take up the regular time Iof the convention, if it was to go on. But no; the time of the convention must be used for this discussion: the whole of it to be used in that w"' if they should see proper to hold us here, whie they went on with their political speeches. r. SKIFF.'I am opposed to having this matter laid over, for the purpose of taking up any other subject. I want to have it disposed of as soon as possible. There are two political parties h'ere, the democrats and the republicans; and there are two other parties here, the talking party and the party who do not tilk so much. I profess to belong to the silent party. But if the talkers of this convention desire to consume tile ti e of this convention in these discussions, upon the talking party, whether republicans or democrats, must rest the responsibility. I do not suppose a mind wi 11 be changed by anything that has been or may be said in these speeches. They are all made, as I understand it, for "the dew people" at large in the the State. I do not believe these speeches will ever be read, or if they are read, it will at any rate be all waste tim>e. w, I want this matter disposed of at once. If theC talkers wish to take the responsibility of puttinrg off the final disposition of this subject, we silent men will let them bear that responsibii+ty. the convention resolve itself into a committee of the whole upon the report of the committee on education and school lands. Upon this question Mr. JOHNSTON called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the motion was agreed to; yeas 18, nays 16; as follows: Yeas-The President, Messrs. Ayres, Emerson, Gibson Pts, Giceso, Hall, Harris, Johnston, Palmer, Patterson; Peters, Price, Robinson, Seely, Solomon, Traer, Warren and Winchester. Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, GCower, Gray, Hollingsworth, Malarvin, Parvin, Scott, Skiff, Todhunter, Wilson and. Young. The Convention accordingly resumed, in committee of the whole (Mr. Parvin in the chair) the consideration of the report of the committee on education anZ school lands. The CHAIRMAN stated the question to be up on the motion of Mr. Wilson to substitute the minority for the majority report. Mr. TRAER. I would ask if, in committee of the whole, a subject not referred to that committee can be substituted for a subject that was referred to it. The CHAIRMAN. The chair is of opinion that the substitute is in order. Mr. TRAER. I think that according to parliamentary law, when a subject is referred to a standing committee, or to the committee of the whole, no other subject can be substituted for it. In case the committee conclude not to agree to it, all they can do is to report it back to the convention, and ask to be discharged from its further consideration. The CHAIRMAN. There are two reports from the committee on education and school lands. The chair is still of the opinion that the question submitted to the committee is a proper one, to substitute the report of the minority for the report of the majority, both being reports of the committee on education and School lands. Mr. TRAER. Was the minority report referred to the committee of the whole? The CHAIRMAN. The chair understands that all that has been reported from the committee on education and school lands was referred to the committee of the whole. Mr. TRAER. I do not find anything in regard to this point in Cushing's Manual; but I ask leave to read a short extract from Jefferson's Manutial. "iut if it be a paper referred to them, thev MIr. CLARK, of Alamakee. The gentleman from Des Moines [Mr. Hall] says that the domocratic party has not consumed one moment of the legitimate time of this convention in this discussion. I do not know what the gentleman means by that. Is no t the evenin g session as much the legitimate time of the convention as the forenoon or afternoon sessions? Hf. HALL. That is all a quibble. Sir. CLARK, of Alamakee. It may be a quibble. I may have misunderstood the gentlemal. Mr. HALL. I meant to be understood as sayng that we have occupied in the discussion of ti is ques tion, n one of the time of the convention except the night session. It is well known that wh ae have not been in the habit of meeting here at night. Mr. CLARK, of Alamakee. Well, I have no fault to find with that. But I think that every moment of a night session is as much the legitimate time of the convention, as any portion of the morning or evening session. If the convention meet here, whether morning, evening, or iiight, that morning, evening or night, is a part of the time of the convention; and any member who, without any propor use or necessity, occupies that time, is chargeable with just as much wronng if it is done at night, as if it was done in the day time. I do not think that kind of .sepi;:-try will avail much here. lo }!) quesl.-.ion recurred up)oni the motion tlh:a,t I i,20 [31st Day. Tuesday) (February q4th Conimittee of the'9,'hole. Education and School La'ndi. r EDUCATION AND SCHIIOOL LANDS. HALL-YOUNG-TRAER-CLARKE, of J.-JOHIINSTON. proceed to put questions of amendment, if proposed, but no final question on the whole; because all parts of the paper having been adopted by the House, stand, of course, unless altered or struck out,)y a vote. Even if they are opposed to the whole paper, I think it cannot be made good by amendments; they cannot reject it, but must report it back to the House without amendm ents, and there make their opposition." The point I make is, that in committee of the whole, here, we have, in the first place, only the majority report referred to us, as I think the record will show: and, in the next place, it is not proper for this committee to substitute anything else for this report; and, to support my position, I would refer to the fact that, when the committee of the whole come to make their report, the chairman generally says: " the committee of the whole, to which was referred the ma)jority report,' &c. Now, if something else;s substituted for this report, you cannot report back the subject referred to the committee of the whole, for -ou have changed the nature of it. The CHAIRMAN. The committee of the whole have no right to throw aside tie whole subject referred to them in the report of the committee on education and school lands. But there are two reports before them, and I think it is perfectly proper to substitute one for the other. Mr. HALL. Are both report s before the committee of the whole? The CHAIRMAN. So the chair understands. tion and sc hool l and s were referred to the committee of the whole. Mr. TRAER. Then I must appeal from the de cision of the chair. Air. CHIAIPRMAN. No appeal can be taken, in committee of the whole from the decision of th e chaiv. TMr. YOUNG. 1 concur perfec t ly with the de - cistion of the chair. I shall vote against the motiorn that the co m iit tee rise. But in order to afford th e gentleman frojn Benton, [eIr. Traer,] an opportunity of taking h is qu estiorn, I would move that the commit te e now r ise. Mr. CLARKE, of Johnson. I would s uggest to the gentleman from Mahaska, [Mr. rYoung,] to modify his motion so that w e ca n make it a tfst vote upon these two reports. I would suggest to the gentleman to change his motion so that it would be that the committee rise, report back the majority report of the committee on eductioln and school lands, and ask to be discharged from its further consideration. I suppose, upon tha t motion, we can say all that can be said in favor of the majority report, in comparison with the minority report. Mr. YOUNG. I do not feel like acceding to the suggestion of the gentleman from Johnson, [MIr. Clarke.] I want the -friends of both the majority and the minority reports to have an opportunity to discuss their respective merits. I merely made the motion I did as a test of the decision of the chair. I believe the decision of the chair is correct, and I shall Tote to sustain it by voting against the motion to rise. I do not want to cut off discussion at all upon either of these reports. Mr. WILSON. I would suggest this modification of the motion: that the committee rise and recommend to the convention the indefinite postponement of the majority report. That will bring up the whole question, and the friends of the two reports can discuss them at length. Mr. JOHNSTON. I would make another suggestion, and that is, that it is probably unnecessary for the committee to ripe to settle this matter. The same object can be accomplished by moving to strike out all after a certain word in the first line of the majority report, and insert the minority report. The question will then come up upon the respective merits of the two reports, and we can have a full discussion upon both of them. Mr. YOUNG. I will withdraw my motion that the committee rise. The CHAIRMAN stated that the question recurred upon the motion of Mr. Wilson, to substitute the minority for the majority report of the committee on education and school lands. M):r. HALL. One is the report of the majority, and the other the report of the minority. We are in committee of the whole to consider the report of the committee on education and school lands, and the majority constitute the committee. There can be no report of a committee unless made by the majority. Mfr. TRAER. I desire to say this: my object in raising this point is, not to prevent the discussion of either of these reports, but that we may have something like a regular form of proceeding. And. in the next place, I believe that a majority of the convention are opposed to this report; and if the committee cannot agree upon this report, an d report it back to the convention, I believe a majority of the convention will probably substitute the original article, wh ich I think they are in favor of, with a few amendments, and thus we can soon get through with this matter. The CHAIRMAN. If it is the opinion of the commi ttee th at they h av e no right to substitute the min ority fr the ajority report, th e o tte y ca n rise, report the subject back to the Convention, and ask for further instructions. Mr. TRAER. I am pretty certain I am correct, and would refer to the record to show that it was only the majority report that was referred to the committee of the whole. I understand the chair holds that both reports were referred to the committee of the whole at the same time. The CHAIRM~tAN. The Chair is of opinion that all tle reports of the cormmittee on ediuca Mr. H ALL. I was in hopese at that this question would be treated with the same degree of deliberation and attention which have been ac II 31st Day.] 721 Tuesday] [February 34:th i Board of Educati,3-n. BOA.RD OF EDUCATION. IIALL-SOLOMON —WILSON. LFeblruary i 4th corded to other questions which have been presented to this convention. 1 was in hopes that gentlemen would be willing to consider this subject calmly and considerately, and not decide in advance of the proper time for its consideration. I still hope they will do so. But the very first motion made in regard to this report of the majority of the committee on education and school lands, before a word has been spoken in regard to its merits, before a section of it had been considered, was to substitute the report of' the minority for it. Now I claim that that was not treating that report with ordinary courtesy and civility. It was n turning it out as though it were a nmad dog that had got into the convention. Now I ask gentlemen, friends of the cause of education, men who think as much upon this subject as they do upon some others which, in the minds of some here, is of vastly more imnportance-I ask them to consider this matter a little while, and go thrcugh with it. I pledge myself to explain this report, and show that there is, after all, but one feature in the majority report that is not contained in the minority report. And I pledge myself to satisfy any reasonable man that that feature of difference is the efficiency, strength, and character which I give to the system; "nothing else. One report, or the system in that report, comes in here lame and sickly; the other comes here strong and efficient. That is the distinction between them. I only ask that this subject may be treated as other subjects have been treated. I call upon men of this convention, who are fathers and have children, to treat this matter with consi.deratio(n and deliberation. I desire to have the opportunity-inasmuch as the first portion of this report was introduced by the majority of the committee at my instance -of giving some explanation of it. This majority report contains, with perhaps one or two unimportant sections, every material thing in the present constitution. It contains all the minority report, except its first section, all that is anv way essential. Let me ask again that this report be read, considered and treated as other reports are. Mr. SOLOMON. I endeavored to get the floor some momenits since, in order to make the suggestion, or something like it, which the gentleman firom Des Moines [Mir. Hall,] has made. I am reall y ver y much surprised at the effort to throw one side so summ arily this majority report, and make it depend, for the slight consideration it may receive, upon a mere transient, subsidiary motion. I do not think that report can be rega,'ded by any gentleman, who has read it, as deserving of such a fate as that. There are certainiily matters of sufficient importance in that majority report to demand the serious consideration of this body. And I cannot look upon the course, attempted to be pursued here, in and other light than an effort to east discredit upon this report before it has been examined at all. A question has been raised by the gent leman froti Benton, [Mr. Traer,] as to whe ther this committee of' the whole, as it is no,w organized and in st r ucted, can take into consideration thisu minority report. That, MIr. Chairman, depends upon one point, which is to be settled by you and the record. If we went into committee of the whole to discuss the majority report, we must confine ourselves to the discussion of that report; and can take into consideration, under parliamentary rules,no other paper,until we have decided upon that majority report, risen, reported progress, and been discharged by the convention from the further consideration of the majority report. We can then go into committee of the whole, discuss, and treat in the same manner the minority report. IMr. SOLOMON. It is important for the friends of these two reports to know which of them is before this committee. I do not believe it is legitimate for us to investigate out one of these reports now. If the minority report is before this committee, so be it. If we have gone into committee of the whole to discuss the minority report, then let us discuss it, and dispose of it. If we have gone into committee of the whole in doubt as to whether we should discuss one or both of these reports, then let us rise, go back to the convention, and find cut about the matter. Mlr. WILSON.* I believe I am the author of the motion to substitute the minority report for the majority report. I did not submit that motion for the purpose of crowding the majority report out of the discussion, but for the purpose of bringing this matter to a test vote of the committee. That motion does not certainly cut off discussion upon the majority report. Being in committee of the whole, the motion to substitu te the one report for the other opens as wide a door as could be opened for the discussion of the whole subject. The friends of the majority report can discuss their report as fully upon this motion as in any other way. There is nothing in that motion to cut off and prevent discussion upon the part of the friends of the majority report. I trust that members will reflect a little hereafter before they bring forward such charges against their fellow members. My only object was to obtain a test vote, and let the discession end with that test vote. 722 [31st Day. Tuesday,] But I understand the cli,-tir to bold th,,lt we went into committee of the whole to consider both the minority and tb eoi-ity reports of the standing committee on education and school lands. The CIIAIRNTAN. The chair understands that the convention went into committee of the whole to consider the reports of the standing committee upon the subject of education — ind school lands, ttnd there are two of those reports, the majority'IDd minority reports. The chair may be mistaken in this matter, but that is the impression of the chair. i BOARD OF EDUCATION. ITALL-WILSON-MARVIN —IALMER —CLARtKE, of J. ed as a report, only called a retort at all, as a mere matter of courtesy to the minori t y of the committee. And before this convention, or before this committee, I consider this minority report as of no more weight than a suggestion of the individual who made that report. If we are to entertain it at all, I suppose it will be looked upon in that light, as an amendment offered by an individual. The majority report I look upon as the main thing before this committee at present, and whether we are to amend it or not, is of course a question to be decided by this committee. Mr. HALL. I have no desire to cast any reflectioni at all upon the gentleman from Jefferson, [.Lir. Wilson.] I suppose he wished to open the discussion in this way. But it does cut off the particular discussion that is desirable. I wish to answer objections which gentlemen may raise to the majority report. I wrish to have them go through and consider this matter. I feel that I am fully able t.,;d competent to meet all their objctions, and satisfy them that if they wish a system of education that is eficient and practicable, that proposed by the majority report is the preferable one. I wish to present the matter in that light. And I have no doubt that the gentleman in lookli ng at the matter in that light, will see the propriety of withdrawing his motion, so as to let the discussionI come upon this report, section by section, as it ordinarily does upon reports referred to the committee of the whole. Mr. WILSON. I can see no advantage to be gao ted by withdrawing the motion to substitute. if we follow out the course marked out by the gentleman from Des Moines [iMr. Hall] of considering the majority report section by section, we shall be at least partially confined; whereas my m oti o n to substitut e one re port lor the other brings up the whole question. We are not confined to any time of discussion in committee of the whole. The gentleman from Des Moines may discuss the whole subject of education from one extreme to the other, and can proceed upon this motion to Substitute, to show the advantages of his report, as fully as by taking it up section by section. I believe it would save time to take this test vote, and it was to obtain that advantage that I submitted that motion. Mwr. MARVIN. I consider this point of so much importance that I would like to see it decided. I therefore would ask the chair t o entertain an appeal from his decision in relation to this matter. The CHAIRMIAN. No appeal can be taken from the decision of the chair while in committee of the whole. The object the gentleman has in view c an be attained by the committee rising and referring the matter to the convention. It will take but a few moments. Mr. CLARKE, of Johnson. I have been informed by the Secretary that nothing but the majority report was referred to the committee of the whole. And I am inclined to think that it would not be in order to refer to the committee of the whole anything else but the majority report. I want to have this subject fully and thoroughly discussed. I desire to discuss it myself, and I want every gentleman to have the same latitude of discussion that I desire myself. This is a subject in which I feel a great interest. Although I have heretofore supported the motion to substitute the minority for the majority report, it has been from no disrespect to the gentleman who made this minority report [LIr. Hall]. I had no desire to treat him with any disrespect. I think that upon a metion of this character we can better discuss the general principles of the two reports, and come to some definite conclusion, than we can to take'up the majority report alone, and move amendments to it. The same'general principle is incorporated in both reports. The only difference is that one report is more in detail than the other. Sir..NIARVIN. I would really like to know how the matter stands in relation to this subject. if we went into committee of the whole on the report of the majority of the committee on education and school lands, then I shall strenuously oppose ay etffort that may be made to bring any other subject illegitimately before this co mmittee. I d o think that unless we have the two reports before us, the motion to substitute is wrong. If the two reports are before us, then the motion is unnecessary. If I can understand parliamentary authority, I believe the motion is entirely out of order. The CHAIRNIAN. The journal says that "the report of the standing committee on education and school lands was referred to the committee of the whole." It does not say whether that report was the majority or minority report. The chair is still of the opinion that the motion to substitute is in order. Mr. PALMER. As I understand it, it was the majority report that was referred to the committee of the whole. And I would not look upon this minority report as entitled to any consideration before this body as a report. According to parliamentary usage it is only entertain That is, perhaps, the great objection to the majority report. Now, we can discuss the question as to which of these two reports is the most feasible; and upon the motion to substitute the minority for the majority report, we can have a test vote to determine that matter. If the motion to substitute prevails, then the majority report is disposed of, and we can then take up the minority report, make such amendments to it as we see proper, or substitute something else for it, if such be the pleasure of the committee. I only desire that we may have a practical vote upon this matter, that will amount to something. I Slst ]Day] 723 [February 24th T uesday,j BOARD OF EDUCATION. JOHNSON-WILSON-SOLOMON. two-thirds of the Board, the Governor may order a special session. Sec. 6. The Board of Education shall organize by appointing from their body a presiding officer, and the appointment of a Secretary and other inferior officers usual in Legislative Assemblies. They shall keep and publish a journal of their proceedings, which shall be distributed in the same manner as the journals of the General Assembly. MAlr. JOHNSTON. I desire to make a suggestion, which I think will extricate us from the dilemma in which we now seem to be placed, in e regard to these two reports. The principal o bjection to the majority report seems to arise from the fact tha t it goes more in t o d etail th a t hth e other. The principles in both reports, I believe, are the same. The report of the majority provides for a board of education; so, als o, does the report of the minority. But the majority repor t go es on into detail, and s tates the duties and powers of that board of education, while the report of the minority leaves to the legisl ature to settle everything that relates to this boa rd of educ ation. th e details of the majority report a re contained in the first eleven sect, ons of it. And or the pur pose of bring ing up this question in a way which will me et the views of all parties, I will move to strike out of t he majority report from the first to the eleventh section, inclusive, and insert in lieu thereof, the first section of the minority report. That, I believe, will bring the whole subject b efor e th e co mmittee. If the gentleman from Jefferson [,sIr. Wilson] wi ll withdraw his motione to substitut he the minority for the majority report, I will submit the mo tion I have indicated. Mr. WILSON. I h ave no objection to do that, a s the mo tion of the gentleman from Lee [anr. Johnston] being of t he nat ur e of an amendmeu t, tak es p recedence a t any rate of a motion to substitute for the whole r eport. Mr. JOeNSTON. T he first eleve n sections of the majo r ity report, which I move to s trike ou t, reads as hollows: Section 1. The Educational interests of the State, to includ e Common Schools and other Educational Institutions, shall be under the management and c ontrol of a Board of Education, which shall consist of sixtee n members. Sec. 2. No person shall be eligible as a member of said Board who shall not have attained the age of twenty-five years, and been two years a citizen of the State. Sec. 3. The General Assembly shall district the State into sixteen Educational Districts, and one member of said Educational Board shall be chosen by the qualified electors of each district, and shall hold their offices for the term of four years, and after the first election under this constitution, the Board shall be divided by lot into two equal classes, and the seats of the first class shall be vacated after the expiration of two years, and one-half of the Board shall be chosen every two years thereafter. Sec. 4. The first session of the Board of Education shall be held at the seat of government, after which, said Board may fix the time and place of meeting. Sec. 5. The session of said Board shall be limited to twenty days, and but one session shall be held in one year, except upon extraordinary occasions, when, upon the recommendation of Sec. 7. All rules and regulations made by said Board, shall be published and distributed to the several Counties, Townships, and such School Districts as may be provided for by said Board, and when so passed, published and distributed, they shall have the force and effect of law. Sec. 8. Said Board shall have full power and authority to legislate and make all needful rules and regulations in relation to Common Schools and other institutions of learning that are instituted to receive aid from the School or University funds of the State. Sec. 9. Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules and regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court. Sec. 10. The Board of Education shall provide a system of Common Schools, by which a School shall be organized and kept in each Dis trict at least three months in each year. Districts failing to organize and keep up a School, may be deprived of their portion of the School Fund. Sec. 11. The Board of Education shall establish one University, which shall be located at some central point in the State, Provided, that until such time as such location may be made, and suitable buildings erected, said University shall continue as at present located. I move to insert in lieu of the above sections, the f ollowing, being the first sectio n of th e a inority r ep ort:,, " The General Assembly shall provide for the election or appointment of a Board of Education, to be composed of twelve persons, who shall be the Trustees of the University, and shall have the general charge and control of education in the State. They shall have power to appoint a Secretary of the Board, who shall be their exclusive agent, and perform such duties as may be imposed upon him by the Board of Education or the laws of the State." I do this in order that I may be able to hear both propositions thoroughly discussed, without at the same time, deciding which of the reports I am in favor of. Mr. SOLOMON. Before the question is taken upon this motion of the gentleman from- Lee, [Mr. Johnston,] I would like, for information, to have read that portion of the Secretary's 7.94 [31st Day Tuesday] [February 24th BOARD OF EDUCATION. SOLOMION-JOHNSTON-HIIALL. [February 2 4th minutes which relate to our going into committee of the whole. The CHAIRNIAN. The Secretary will read the portion referred to by the gentleman from Mills, [Mr. Solomon.] reterred to the committee of the whole for their consideration. TrMr. JOHNSTON. That is all that I propose to do by my motion. The question was stated to be upon the amendment proposed by Mr. Johnston. Mr. HALL. The section proposed to be inserted by the gentleman from Lee [Mr. Johnston], in lieu of that portion of the report of the majority which he has moved to strike out, is as follows: "The general assembly shall provide for the election or ap pointment of a B oard o f Educat ion, to b e composed of t welve per son s, wh o shall be the trustees of the university, and shall have the o gene ral charge and c ontr ol of educatio n in the state. The y shall hav e power to appoint a secretary of the b oar d, who sha ll be their executive agent, and perform such duties as may be impose d upon h im by the board of e ducation or the la ws of the s tate." T his section propos es to le ave to the legislature to - provide for the appointment of this board. It fixes no time during which this board of education shall re main in office, it fixes nothing in regard to their duties, and fixes no mode of appointm ent, whet her by electi on by the people, or by the le gislature, o r by appointment by the governo r. Thi s boar d is lef t e nti rely at th e mercy of e a o n tn o h ate the appointing power, whatever that power may be. It gives the members of this b oard in realit y no po sition or character above that of mere ministerial officers. No w I wish to be perfectly candid upon this subject. This section m erely provides that a board of education, consist ing o f t welve mem - bers, shall be brought into exis tence in some manner, not pointed out in the constitution, which existence shall depend entirely upon the pleasure of the power makin g the appointment, which bo ard of educa t i on i s to ha ve the general charge of the educational svstem of thi s sta te. If I am correct in my construction of the effect of this section, and I think I am, the members of this board of education ll be merelyminister i al officers. So far as they are to have any p ower to act, so far as they are to have any power to originate anything in regard to the system of education in this state, so far a s they are to have any power to give efficiency to t he important interests placed in their charge, they are but mere administrators or ministerial officers, for the purpose of executing rules and regulations which may be established by the legislature. Now I do not believe that a board of education thus co nstituted, a body of me n placed in that position is a proper one to have charge of the educational interests of this State. The educational department of our State is a very imlportant one. It embraces one-half the inhabitants of the State, and for good or for evil it is productive of the most important effects upon our population. I believe that in order to give~ character, strength, efficiency, nay, even wisdom The Secretary then read as follows: ' The co nven tion t he n resolve d itsel f int o committee of the whole, (Mr. Parvin in the chair,) upon the consideration of the report of the committee on education and school lands. 3ir. SOLOMON. With all due deference to the decision of the chair, I submit that, according to the record, we have gone into committe e of the whole upon a single report, and that is the report of the majority of the committee on education and school lands, as there can be no report of a committee without the concurrence of a majority of its members. Now in order to discuss either of these reports, as I understand it, the chair has been compelled to decide that the majority and the minority reports together constitute the report of the committee. The CHAIRMAN. The question is now upon the motion of the gentlema n from Lee, [Mr. Johnston,] to strike out from section one to section eleven inclusive of the majority report, and insert in lieu thereof the first section of the minority report. AMr. SOLOM1ON0-. I am making my remarks in opposition to that motion. I do not believe that such a motion is one that is legitimate and in accordance with the object for which we came into committee of the whole. I believe that in accordance with that object, we must confine ourselves to the consideration of " the report of the committee on education and school lands," as the minutes of the Secretary phrases it, which I think is the majority report. If those minutes said that we came into committee of the whol e for the c on sideration of the reports of the committee on education and school lands, then we would have both of those papers before us for consideration, and this motion would then be a proper one. Mfr. JOHNSTON. The gentleman from Mills [MIr. Solomon] is evidently mistaken in his view of the motion I have submitted. It is certainly proper for any member to get up in this committee of the whole, and move to amend this majority report, which motion to amend can be to add to the report, to strike out a portion of the report, or to strike out a portion of it and insert some other provision in lieu thereof. I have done nothing more than to move to strike out a portion of the majority report and insert in lieu thereof an amendment which I propose. For the sake of convenience, I have adopted as that amendment the first section of the report of the minority. But we are not acting at all upon that minority report as a separate and distinct report. Mr. SOLOMON. I admit that the gentleman clearly has a right to move to amend the paper 92 31st Day.] 725 Tuesday] BOARD OF EDUCATION. Tuesday] HALL. [February 24th n, ity of the constitution; a department that the re legislature cannot change every year; a depart re ment not subject to the caprice of hasty legisla e. tion as we frequently find it in the halls of our u Senate and House of Representatives. It will i- have permanency; it will have character: it ive may be presumed that it will have wisdom, three ee things which our system of common schools must combine, before they can rise high in the s scale of confidence and respect. e Under this minority report, this board will be but the mere plaything and tool of the legisla te ture, to be put in office to-day, and to be turned of out to-morrow; to be directed to do this thing now, and another and entirely different thing e- next week or next month. This board, under er this minority report, must look to the legisla - ture for their power, and everything that per rtains to their duties. But if you give them position, influence and r character, as this majority report proposes to do, is the result will be that they will be men, who m will be able to think and act for themselves; they will be men who will have capacity, and whose whole duty will be to look to the cause is of education and that alone. They will learn e its wants and provide for satisfying them. They will meet twice as often as the legislature, hold ing their sessions annually. They can and will look to this important and growing interest, and u will provide the means to cure any defects there e may be, and to urge on the growth of that imL- portant interest, without being interrupted or n clogged in their movements by bad rules and s regulations, established by means of hasty legiselation. e Some gentlemen may speak of the expense. e But I say this is the cheapest mode of preparing e proper rules and regulations to control this ims portant subject of legislation. There are to be ' one hundred and fifty members in the general assembly, with all the paraphranalia of a legr islative body, while in this board of education f you will have but sixteen members. One day spent by the legislature tampering and tinker) ing with this subjct of common schools, will cost the State more than a whole session of the * board of education. If this board perform their r duties as they ought, they will relieve the leg) islature of much if not all that they have now to do in relation to the subject of education. The discussions and deliberations of the board * of education upon this subject will be worth a I thousand times more than the discussions of the p legislature, wherea hundred other matters are struggling for their attention, and this is hurried through without consideration or reflection, and Toted upon by men who never devoted their time to the consideration ofthe subject. By this majority report you separate this subject, you divorce it, from all this variety of topics, subjects claiming the attention of the legislature. You take it from the legislature, to which menare elected upon other and different grounds from those which should be taken into consideration here, and whose minds are absorbed in the con to thi s d epartment, to th is board of educatio. you must make them s ome thing more than me minist erial officers, something more than mee drudges to carry out the will of the legislatur You must give them duties to perform, Yo must endeavor to obtain th ose w ho have exper ence in this matter, and engage them to giv e fficiency to the cause of education. This is t position which I take. Now let us examine t he two propositions a regards the appointment or selection of th board of education. If you adopt the one prc posed by the majority, then you have the Stat divided into educational districts, the people each district electing their representative to thi board. You thus establish the relation of repre Tentative and constituency between the office and the people interested in the cause of educa tion. You thereby give character to the office by the manner of his appointment, and the po sition in which he is placed. The very dignit with which you clothe the office gives characte and force to the acts of the officer, when he i called upon to discharge his duties. I clair that it is important that this relation of repre Tentative and constituency should be maintain ed between the officer who is to represent tbi great interest, and the people who are to b affected by his acts. So in that respect the ma jority report has the advantage. In the next place, by this majority report yol give permanency to this officer, by fixing th, time for which each member of the board of ed ucation is to serve. You give character to then by giving them authority, when the board i: assembled to use the wisdom which experience and observation have given them, and which the suggestions from the various districts may prov( necessary. And you give efficiency to the caus, by enabling this board, when the suggestions from the various districts are laid before them to act at once upon them. That is a reason why we should fix the term for which each member of this board is to serve. First make the office elective, and then fix the time at the end ot which they shall return to the people. As to the length of their terms of office, whether two, four, or six years, that is a very small matter. All I desire is to establish the principle, in order to give constitutional character and weight to this body when they have once convened. In the next place the majority goes on to pro vide the manner in which this board shall con duct itself. It virtually gives it the form and position of a legislative body; that is, they must discuss the subject of education and go through forms of procedure like a legislative body. Their ;essions are limited, and they have jurisdiction over nothing but matters pertaining to the cause of education in this State. They cannot appropriate any of the school or university fund; they cannot interfere with the financial system connected with the common schools of this State. This board of' education is made by this majority report, one of the departments of the government of this State, established by the author 720 [31st Day. BOARD OF EDUCATION. sideration of other topics. This report keeps the benefit of their judgment and experience in the subject of education by itself, and places it this cause. in the hands of those elected solely in reference The leading feature of this majority report is to that subject, who have nothing to do with to divorce and separate the cause of education anything buet this one great subject. from the wild and hurried scramble of the polit This is the principle for which I contend. As ical arena, and consign it untrammelled and unI observed in a very broken and ill-arranged fettered to the care of those who are best qualimanner the other day, this plan of the majority fled by experience and education to promote its will call out men who have the cause of educa- interests and mature it into a healthful growth. tion at heart, who are devoting, as they have The legislation of the last winter upon this subheretofore devoted, their lives to this great work. ject is enough to convince any man that this This will be the effect of it. There is enough of matter ought to be confided to a class of men talent and ability in this state; there is enough such as I have designated. of learning and devotion to the cause of educa- What has been done by the legislature during tion, if you will only allow it to operate unfet- the last ten years to advance the cause of edutered and untrammeled, to elevate our state cation? The deplorable condition of our cornabove every other state in the Union. But to mon school system has been acknowledged by do this, the whole matter must be turned over all, and we are all agreed in the belief of its utto them, and they must have full scope to do ter inefficiency to accomplish the objects for what they may see to be necessary. which it was designed. Its organization, the Two years ago I attended a meeting here call- mnode and manner of transacting its business, ed to take into consideration the subject of ed- the management of its finances, are such as to ucation, and although it was in the middle of reduce the system almost to a state of decay. the winter, and the weather was very severe, Two years ago, the legislature, acknowledging and unpleasant, yet we had assembled here in their inability to perform the work of revising the halls of the capitol one of the largest and our school system, authorized the Governor to most respectable conventions that was ever appoint a board to revise the laws relating theregathered together in the State. Gentlemen of to. The Governor, acting upon the authority the highiest ability and learning were present as given him by the legislature, appointed a citidelegates from all parts of the State, and had zen of our own State, and two eminent citizens coime here as volunteers in the great cause to of other States, who had devoted their lives to which they were so much attached; and they this subject, as members of this board of revismanifested a zeal and enthusiasm in this cause, ion. which I regret the legislature has not seconded I have no doubt that Governor Grimes, albv their action upon this subject. though he has been abused for making these ap The discussions which took place at this con- pointments, acted from wise and disinterested vention displayed a great deal of research and motives, and that he believed that if we could information upon the part of those who took obtain the experience of these men who had depart in thi em. And I was never more entertain- voted their lives to the cause of education, they ed in my life by the proceedings of any body, would be enabled to devise a system which than I was by those of this convention. would prove satisfactory to the people. The But the zeal and enthusiasm which they man- board met, and, after a great deal of care and ifested upon this subject has not been met in the deliberation, drew up a report upon this subject like manner bv our legislature. We now pro- which was presented to the legislature; but it pose to turn over this cause to a body that will et ith no favor or consideration at the hands be composed of men who have devoted their of that body. This is the condition of things at talents and energy, in a great measure, to the thepreset time promotion of the education of the masses; in It must be acknowledged by all that the genorder that we may derive the benefit of their eral assembly is not the fit body to manage and learning and experience in instituting a system have jurisdiction of the system of education. of education that shall be an honor to this great Go where you will throughout the state, you State, and a blessing to the community at large. will find that it is universally admitted and conI know, and other gentlemen here must know, ceded that the legislature are unable to supply that in at great manior-itv of instances, persons the wants and provide for the necessities of our who i.\'e es otep their time to this subject, school system. Shall we, then, as the represerlnmen of education and ieading, who wish to de- tatives of the people, adjourn andleave the most vote themselves to the cause of education, ar e noble cause that can engage our attention in the rnodest men, who cannot push themselves for- imperfect and unsettled condition in which it ward in the political arena, and who prefer to has existed for ten years past? I say, Not and work in a uore quiet and unobtrusive field, I hope gentlemen will reflect seriously upon so where they can accomplish more good by the ex- important a matter as this, and not, through ercise of their talents. Our legislature, from prejudice, refuse to take a step in advance, that being too much occupied with other matters, will have the etfect, as I think, of giving charhave scarcely listened to men such as these, acter and efficiency to a system calculated to when they have pressed the claims of education promote the growth and progress of common upon their attention; and we have hitherto lost |school education in this state. 8 lst Day.] 727 Tuesday] HALL. [February 24t ol BOARD OF EDUCATION. Tueday IIL-LS Feray-t pointment of a chancellor. Gentlemen may cry out at the expense which the appointment of such an officer will entail upon the State. I believe there are a hundred men in this State eminently qualified t t tak this office an d dis charge i ts duties, who would do it without re - ceiving a dollar's salary; men who are engaged in, and devoted to, the cause of education; men who look to the interests of the rising genera tion, and seek to elevate them by promoting the cause of education among the masses, are not men generally who love money. There have been more sacrifices made by men of that char acter and of high tone of feeling, than is gener ally supposed. I do not believe the appointment of such an officer as the chancellor would add a dollar to the expense of the system. By the establishment of this board you create a tribunal to which all questions that arise in the different school districts may be referred, and from which there would be an appeal to the supreme court, which is made by the constitu tion the court of last resort. There can be no collision between this bo,)rd and the legislature, as some gentlemen apprehend, for they do not depend absolutely upon one another. They will each work harmoniously in their proper spheres. What we want is to give to this board chara,c ter and efficiency, so that they can provide for the wants and necessities which have been so long felt by the people of this State, as connect ed with the interests of schools and of education generally. ]Ir. ELLS. The discussions in which we have been engaged for the last twenty-four hours, Mr. Chairman, I apprehend have dis qualified the most of us from taking a calm and deliberate view of this question of education. I am truly sorry that the majority of the convention have felt it their duty to force this dis cussion upon us at this time, for I believe the cause will be injured rather than profited. For myself, sir, I can truly say, that I am not prepared to give, intelligibly, to this body, my own views and reflections. The majority, however, having decided the question of procedure, I must submit. When I yielded the floor the other day, for a motion to postpone the discussion, I was just entering upon the discussion of the comparative merits of the two reports. I will now resume my remarks, and very briefly state my objections to the plan proposed by the mojority. But first, permit me to say, sir, that it was my good or bad fortune to differ with the majority of the standing committee. (And whether good or bad, time will determine.) The result of that difference is embodied in the minority report of the committee on education. It is generally more agreeable to agree than to disagree with gentlemen in the discussion of any question, but where such agreement wouldi compromise any great good, or violate any fundamental principle; I hold that duty demands an honest and manley avowal of such disa~greement. The motion of the gentleman from Lee, [M~r. The leading principle in the report offered for your adoption, is this: to give character and stability to our common school system, by turn ing it over to men who are teachers and thinkers, and who have spent their lives in literary pur suits. We have men enough in this State who are abundantly qualified to fill the places which may be assigned them in this board of education. If gentlemen find that the details of the system, as reported by the majority, are insufficient or injudicious, they can be easily corrected. And I ask them to propose such corrections as may be necessary; and if they can suggest a better way of carrying out the details of the system, I am ready to accept their suggestions; but I en treat them to preserve the grand principle em bodied here. I do not desire to elaborate an extended argu ment upon this question; I will therefore pro ceed to consider another part of the subject, claiming the privilege of answering objections that may be made to this report. From the action of this Convention, I under stand that the office of Superintendent of Public Instruction will not be retained any longer in this State, and, therefore, some other plan must be devised for the supervision of all matters re lating to education. If the Convention shall agree to establish this board of education, the question then comes up, how shall this board be established? How shall it be constituted so as to give strength and efficiency to the school sys tem? That is the question which this Conven tion is called upon to decide. I do not wish to take up the time of the Convention unnlecessa rily with this matter, but I feel a great deal of interest upon this subject. Therefore I hope I will be excused if I should consume any consid erable time in enlarging upon this matter. Itis a question in which I took a deep interest in 1844, as the journals of the Convention then held will fully testify. I was, at that time, a, member of the committee that had charge of this subject. I endeavored then to get a provision passed which would give efficiency to our system of common school education; but the State was then poor and had no funds, and the man would have been considered insane who would then have claimed that our school fund, by this time, would have amounted to four millions of dollars. I recollect making an estimate at that time, and I could not, by any calculation, demonstrate that it would be more than two or three millions at the utmost. I have reflected much upon this subject, and I have endeavored to get the views of other gentlemen, who have had more experience upon this subject than I have. So far as I have ascertained, I find a general concurrence upon the part of these gentlemen in favor of the proposition to give independence, stability and efficiency to the board of education, however it may be created. Three things are essentially necessary, in my opinion, to the successful operation of the system; and, first, the report providee for the ap 728 [Slst Day. Tuesday] [Febr-itary qlth IIALL-ELLS. BOARD OF EDUCATION. Tusdy.S [Fbury2t Johnston,] substituting the first section of the minority report for the first eleven sections of the majority report, necessarily brings up both reports for general discussion in committee of the whole. The first section of the minority report proposes to provide for the election or appointment of a board of education, with powers to appoint a secretary, who shall be their executive agent. The duties of the board are to be prescribed by the General Assembly. The action proposed is simply organic; the details are left to the wisdom of the Legislature. It is contemplated, however, that the secretary of the board will be the best qualified person that can be procured to fill the post of Superintendent of Public Instruction. The remainder of the minority report, in substance, provides for the education of all the youths of the State by a system of common schools, in which tuition shall be without charge, and equally open to all; and for securing the school lands, and school funds of the State, to the formation of the common schools of the State, and the State University. The system proposed is in substance a substitution of a "Board of Education" for the office of "Superintendent of Public Instruction" in the present constitution. Its very simplicity must commend it to all those gentlemen who are opposed to establishing a system of legislation in our constitution. So much for the minority report. trust the cause of education with the General Assembly; that he wi shes to divorce the cause from the legislature. He further states that the educational bill before the last General Assembly failed, because the members were incompetent to legislate upon th e subject. N ow, sir, I understand th at the bill failed f ro m an entirely differe nt r ea son. I am credibly informed t hat i t was because the bill di d not discr iminate between whit e and colored youths, that it e ncountered such serious opposition f ro m the gentleman's political friends in that body; and the r e was not time sufficient to discuss and overcome those unjust prejudices. Now, sir, I must confess tha t I have had iciy fears that th is pet system of the gentleman was interded to foster and perpetuate that same unjust prejudice against educating the colored people of the State. I may be wrong, but after hearing that gentleman pronounce his wholesale condemnation against the colored race of this country, and declare them entirely unworthy of credit, I could not bring myself to any other conclusion. But aside from this; suppose we adopt this system, and in the end find it not to work well, and to be entirely inadequate to the wants of the State. How, I ask are we to get relief? There is no provision for superceding or abolishing this system, except by the slow process of amending the constitution. Are gentlemen willing to run the risk of fastening an incubus on the sacred cause of education, that may work ruin, and only ruin, for years to come? I trust not. Again: As a question of policy I should feel bound to oppose it, unless this Board of Education and this Chancellor are to be subordinate to the General Assembly and the courts of the.,t'tte. One of the most important duties that devolve on us, as members of this convention, is t, tive character to the various offices of the Sta'i by making them truly offices of honor, trust and profit. To this end, I have voted uniformly for the highest salaries. Now, sir, the legititnate effect of dividing the legislative power of this State will be to degrade the office of legislator. The saflne is true of your judicial system, though not to the same extent. Now, sir, let us take a gl anc e at the plan proposed by the majority, and see if the complex and indefinite powers it proposes to confer on its board of education and chancellor, are not of such a character as to alarm the friends of constitutional reform. What, sir, do they propose? Why, nothing short of creating a second branch of the General Assembly, with powers of legislation e ntirely indepedent of the old General Assembly, independent of the Executive of the State, the Governor to have no power to arrest hasty or unconstitutional legislation; all their laws to be interpreted by a chancellor, a pet of this same system. Was there ever, within the history of the American people, a proposition so monstrous as this, proposed by any sane man, in any constitutional convention in any State of the Union? Why, sir, I have examined the constitutions of all the States of this Union, and cannot find any thing that, in the most remote degree, would serve as a precedent for a measure of this kind. And yet, you were told by the gentleman from Des Moines [ Mr. ttall,] that the member from Scott is the only person to whom he ever presented his plan. who did not fivor it at once. This may be true, Mr. Ch'airinan; bat for the life of me I cannot see any necessity for departing from the old beaten track of making lawvs that can be repealed by the true representatives of the people. I hold to the good old democratic rule, that that which can be done by the many as Feell as the few, should always be done by the many. Again: this Chancellor is to have exclusive jurisdiction in all cases arising under the laws, rules and regulations enacted by this Board. This school system is to extend throughout the State, and controversies will inevitably arise in very remote sections of the State. Ihow are those cases to be tried, and the wrongs of the people righted, if there is' court having jurisdiction within the county ct district? Will the Chancellor hold his Court a' stated periods in each county, and hear atnl determine causes, and then hear them again at tLe Capital of the State, on appeal from his own decisions? Or is an appeal to be taken directly from the Chancellor to the Supreme Court? The mere statement of this case renders it so perfectly absurd that no argument is necessary to convince the ninds of gentlemen of its utter impractibility. hasThe gentleman from Des aoinesu[ttlir. Hall,] has told us repeatedly that he is unwilling, to i 31st Day.] 729 Tuesday] ELLS. [February 2&th I BOARD OF EDUCATION. Tuesday] ELLS-IHALL. [February 24th I have another objection to this system, that shall make it their sole business to advance the will'lave its weiglht with the people, when they interests of education, and who will have no come to vote on the constitution. And that is, other duties of a public nature to divert their the expense necessarily incurred in carrying out minds from this one cause. The gentleman from the details of this plan. You propose to pay Scott, [MAr. Ells,] says that you cannot have, in this Board of Education the same per diem and such a body as we propose, the concentrated mileage that you pay members of the General voice of the people to such an extent as you can Assembly. The Chlancellor's salary must be in the General Assembly. Now I would rather equal to that of a Supreme Judge. Then there trust eighteen men, whose lives have been de are the incidental expenses of each session, voted to this one subject, than the whole one which will amount to at least ten thousand dol- hundred and fifty of your legislature; for in a lars, including printing, paper, postage, &c., &c. large body of that number, there are innumeraAre we not hazarding the success of the coosti- ble other objects that demand and engross their tution by loiding it down with a dead weight attention, and to which they can only devote a like this? limited portion of time. The same feeling will But this is not all; the Board can hold as pervade that body upon this subject, as we have many sessions in each year as a majority see seen evinced here; for it seems like throwing proper, for the Governor is required to convene cold water over the convention when we attempt the Board at any time when a majority request to get up this subject of education. But when him to do so. Now have we any assurance theft we get up the bell of rights, where there is an the members of this Board of Education will opportunity to introduce political topics, gellnot be influenced by the same selfish consid- tiemen are willing to spend a week upon it. I erations that the gentleman assures us influence desire to remove the cause of education from all and control the other General Assemblies ofthe influences of this nature, and place it in the State? For may own part, sir, I am unwilling hands of men who will take a deep interest in to trust the majority of this Board with such its success, and who will be willing to devote unlimited powers, when the temptations to go their time and attention to its pressing claims. astray are so temptingly held out to them. Hu- The gentleman from Scott, [Mr. Ells,] in his moan nature is human nature, the world over; report, provides for a Board of Education; but and honest men often find themselves influenced he gives them jurisdiction in indefinite and unin the line of duty, when the stimulus to the meaning language, and authorizes their appointperformuance of that duty -is found in the strong ment without limitation; while, in the reportfrom box of the governmeilt. the majority of the committee, we give form and Atter what has been said, it is needless to add character to this Board, and present their powthat my preference is for the plan proposed by ers clearly and accurately defined. That is the the minority; not because I consider that plan difference between these two reports, in respect a perfect one, but because it is susceptible of to this Board of Education. The questi on bemodification and amendments that will not des- tween us then is simply whether we shall adopt troy its utility. a system which shall be marked by efficiency, I do hope, Mfr. Chairman, that the friends of or send forth to the people a system which shall education in this convention will not permit be marked by an utter want of this quality, so themselves to be carried away from the real ob- essential to carry on any great enterprise. jections to the majority report, by tte eloquent There is efficiency in the system recommended asppeals of the gentleman from Des Moines, [Mir. by the majority report, for the Board is elected Hall.] That gentleman, sir, has manifested so and may organize without the aid of the legislamuch zeal in the advocacy of his system, and ture, and it may exercise its powers without avowed himself so strongly in favor of educa- their interference. tion, that I find it hard myself to keep from The gentleman from Scott seems to reyielding to his impulsive spirit, and casting my gard the plan proposed by us as a great innoj,ud,rment to the winds. Still, I do hope, sir, vation; and he is fearful that we are about to that the result of our deliberations will be the take a step of which we will repent. VWhat is establishment of a new era in the cause of edu- the experience of ten, twelve, or fourteen years cation in our young and noble State. upon this subject, during the time we have had MIr. HALL. I regret that the gentleman from our present common school system in force? Scott, [Mlr. Ells,] the only lgentleman wbho seems The cause of education has advanced, not beto take tany part in this discussion, did not por- cause it has had the hand of benevolence tray the effects of his owns proposition. It is a stretched out by the legislature to aid it, but it great deal easier to tear down than to build up; has advanced in spite of the legislature. The and to find fault with the plan of another, than legislature have done more mischief to the cause to portray the results that will follow ifom the of education in this State than they have done operation of one's own system. It is a great good. deal easier to declare what is wrong than what No person, however little notice he may have is right. taken of the proceedings of the legislature, can The effect of the proposition I present is, not fail to see that the cause of schools and of eduto take power from the representatives of the cation has reached its present condition here in people, but to give it to them; to those who spite of no legislation in its behalf. It is a ,so i [Slst Day. BOARD OF EDUCATION. Tui- y IIL-Kr-OE. -bur t cause which cannot be crushed, no matter how greatly you neglect it, or how little attention you pay to its demands. Despite the neglect bestowed upon it by the legislature, within the last ten years, it still lives and retains a firm hold in the affections of the people. It will still continue to struggle on and grow under all the difficulties with which legislation may surround it. If it can be left to itself, in the hands of men who would call out its ener gies, men who would devote their time and tal entts to develope and perfect it, we should be rendering an incalculable service to the State, and the rising generation. What I desire to do, is to give full and free scope for the development of the energies and talent of those who may be called upon to per fect our system of school education; and for this purpose we should have a board composed of men who have no other public duties to per form, and who would solely and wholely repre sent the cause of education. That is what I desire. I am pleading here the cause of those who cannot speak for them selves; and in their behalf I ask that this subject may be turned over to men who have a de sire to elevate the cause of education in this State. It appears to me, if we do our duty like men, and desire to afford the best means in our power for the education of the chi ldren of the State, we should at least open a door through which this struggling cause of education may have an opportunity to increase its usefulness, by having its interests entrusted to men whose sotle and special duty it will be to take this subject into consideration. These are my views upon this subject, and they are by no means novel. They are such as will n aturally suoge st themselves to all intelli gent and i nquiring minds. I ask you, gentlemen, if you were compelled to devise means for educ'ating the children of the state, what would you do? Would you not call around you men who were honest and zealous in the cause which you wished to advance, and who felt a deep and abiding interest in the promotion of a cause wuich should lie near the heart of every lover of his country? Would you not give them free scope to pursue their labors entirely untramiuelled and uncontrolled by the outside clamors of 'those who guide their actions by the varying phases which the political arena may assume? The gentleman from Scott, in his argument, opposed the appointment of a chancellor, as we have provided in this report. There are many questions connected with a system of schools, which, in my opinion, it would be well to leave to such an officer as is proposed here; such questions, for instance, as arise in the division and organization of school districts. It would be better to refer them to an officer, who has been selected for this purpose, on account of his cultivated mind and sound judgment, than to leave those decisions to justices of the peace, who1 may perhaps live in the neighborhood where these questions originate. I would keep all these questions out of our courts as mulch as possible; I think by keeping them out it would stifle, in a great degree, the spirit of litigation, and the contentions which are so apt to arise upon these subjects, an d which soon lead to n eighborhood qu arrels. If m atters of this kind are to be decided by a justice of a peace, it will very often happen that he may be partial to one side or the o ther, and the party aggrieved thereby accordingly takes e p o th e case up to th e dist rict cou rt, a nd then the whole distric t becomes e nlisted upon o ne side or the other, of what was bef o re a neighborhood affvtir, producing upon both sides an endless state of bad feeling. I would propose, as the tri buna l to set tle these questions, a chancello r, who, after exam ining the evidence car efully, shall examine the rule s of law bearin g upon the particular ques tions prese nte d, and determine them according ly. Such a system would o bviate, in a great degree, the expenses a tten dant upon ordinar-y litigation, and it would be, i n my opinion, t he b est a nd c heapest way to dispose of all these q uestions. Your present system f or the dis poseal of these questions is without efficiency, and has nothing to inspire con fidence in the de - ci sions made under it. The system of education, as no w established in this St at e, should not be allowed to remain in its present inefficient condition, but we s h ould make provision here by which it may be al lowed such scope as will p er mit it t o grow a nd expand under the foste ring care of tho se t o whom its in terests will be especially dear, We need a board of education who sh all hold their offices for a term of years, and whose offices shall not be made depend ent upon the mere caprice and the constantly changing mtinds of the Legislature. They should be men of character and integrity, who will ha ve an object in maitin tainin g the interes ts entruste d to t heir char ge. If there are provisions in this report which need correction and revision, I hope gentlemen will go to work and honestly endeavor to make the needful amendments. Btqt I do entreat them to retain the great principle which we have in corporated here-that of giving stability and permanency to the cause of education. Alr. SKIFF. I am favorably impressed with this plan, but I do not altogether understand it. I understand that, under this system, the board of education has nothing to do with the school or university funds. I like that proposition very well, but I regret that this matter has been presented at this time. I did indulge the hope that the committee would not at this time pa-ss upon it. I move, therefore, that the committee rise, report progress and ask leave to sit again. The question was taken, and the motion was not agreed to. M~r. GOWER. I have been trying to get the committee to entertain a proposition whlich I desired to submit in reference to the common school funld. When I left home it was urged 31st Day.] 731 Tuesday] IIALL-SKIFF-GOWER. [February fl4th SCHOOL FUND-BILL OF RIGHTS. GOWER-CLARKE, of J.-TRAER-SKIFF-IIAILRIS-WILSON. [February 24th upon my attention, by some of the people in my district, that we should, if possible, make some different provision with regard to the disposal of the school fund from that which now exists. They considered that it was, in a great measure, diverted from the object of paying teachers' salaries, and was spent in the payment of officers. This was considered unnecessary. About the titme of the creation of the committees, I introduced a resolution, to which I called the attention of the committee on education and school lands. It was similar to that which I now hold in my hands, and which I would offer as an amendiment here, hoping that it will receive the favorable consideration of members. Mr. TRAER mov ed that th e C onvention proceed to the consideration of the bill of rights. Mr. SKIFF. I am averse to having that taken u p now, and will move to take up th e report of the standing committee on miscellaneous business, as a substitute for that motion. I fear that if we take up the report of the committee on the bill of rights, we shall again e precipitated into just such a discussion as we have had for twenty-four hours past. I do not want to hear any more of that just now. The PRESIDENT stated that this report was still in the hands of the printer. Mr. SKIFF withdrew his motion. Mr. TRAER. My object in making that motion is to take up this subject and dispose of it. I do not see why we need to take up much time with it. Let us dispose of it, and give it into the hands of the Committee on Revision. "All monies that have accrued, or that may accrue, to the school fund of this State, under the second section of the ninth article of our Constitution, on education and school lands, shall be received by the Treasurer of State, and ,ill holders thereof shall be required to pay the same to the Treasurer as fast as existing contracts mature. On the first Monday of February of each year, the auditor and secretary of state shall distribute to each county their proportion, and the county treasurer shall draw the same; the amount thlus distributed to be drawn by the districts or teachers, as provided by the General Assembly; all to be done by ex-officio salaried officers, and without charge to the said fund." Mr. CLARKE, of Johnon. I do not think, sir, that this apparent indifference manifested by the Convention, this evening, arises from any want of interest in the subject, but from the fact that we are most of us unprepared to act upon the subject to-day. As has been remarked by the gentleman from Scott, [Mr. Ells,] for the last twenty-four hours we have been involved in an exciting political discussion here. I, for one, feel myself unprepared to go into the discussion of this subject; and I think, important as this question is, in its bearings upon the future prosperity and interest s of this State, it would better not be pressed to a hearing at this particular time. With this view, and feeling that the interests of the State, in relation to the subject, will be promoted by laying this over for the present, I move that the committee rise, report progress, and ask leave to sit again. The motion was agreed to. The Convention accordingly proceeded to the consideration of the report of the special committee upon the Bill of Rights. The first'section was read as follows: " All men are, by nature, free and independent, and have certain unalienable rightsamong which are those of enjoying and defendin g life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness." The committee propose to amend this section by striking out the word "independent," in the first line, and inserting "equal." lMIr. HARRIS. I wish to make the simple statement that this was not the report of the whole committee, but of the majority of the committee. As one of the members of the committee, I did no; concur in that amendment, but presented a dissenting report yesterday morning, in which I stated that I saw no necessity for | striking out "independent" and inserting *'equal." Mr. SKIFF moved to insert the wore "politically" before "equal." Mr. WILSON. It seems to me that it is not true that all men are by nature free and politically equal. It seems to me that that would be a clashing between the two sorts of rights. I do not think it would read very well. Mr. SKIFF. They are not equal intellectually nor socially. They are only equal politically. One person's rights politically are just as dear, and just as sacred as another's. One man has just as good a right to maintain those-rights as another. That is the only kind of equality I think there is in mankind, political equality. That is what is meant by this section, for we The PRESIDENT having resumed the chair, The CHAIRMAN of the committee of the whole reported that the Convention had had under consideration, in committee of the whole, the subject of education and school lands, had made some progress therein and asked leave to sit again. The report of the committee of the whole was received, and leave was granted accordingly. On motion of Mr. TRAER, This subject was made the special order for 9 o'clock a. m., to-morrow. 732 [3 1 fst Day Tuesclay] Order of Businesi. The motion was agreed to. Bill of Righ ts. In Convention. IPO BILL OF RIGHTS. CLARKE, of H.-SKIFF-SOLOMON —BUNKER-HARRIS, &C. [February 24th can find no other meaning than that. If it has any meaning it must be that. Men do not look alike, nor act alike. They are not alike in any respect except political equality, and some deny even that. MIr. CLARKE, of Henry. I do not think the section would be correct with the amendment, merely by the insertion of this word. But if my friends will amend it so that it shall read, " All men are created free, and are entitled to political equality," I should certainly be wil ling to vote for it. Mir. SKIFF. Are not men by nature political ly equal? Mr. CLARKE, of Henry. No, sir; they can not by nature be politically equal. Mr. SOLO-10-N moved a call of the Conven tion; which was ordered. The Secretary proceeded to call the roll, which resulted: present, 34; absent 2, as fol lows: Present-The President, Messrs. Ayres, Bunk er, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hol lingsworth, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Absent-Alessrs. Cotton and Johnston. The PRESIDENT stated that Mr. Cotton was absent on leave of the Convention. The Sergeant-at-Arms was dispatched after MIr. Johnston. Atr. TRAER moved that further proceedings under the call be dispensed with. The motion was ruled out of order, the object of the call not having been attained. Sir. SKIFF moved that the Convention take a recess for ten minutes. The motion was rejected. Mr. JOHNSTON having appeared and taken his seat, furthe r proceedings under the call were dispensed with. Mr. GILLASPY. Ishould bevery glad ifthe Chairma n of the comm ittee would enlighten the Convention as to the o bject of this particular change in the Bill of Rig hts. I might be i nduced to vote for the change, perhaps, if I knew what we were to gain by it. 5Jr. BU.NKER. I believe that I first suggested an amendment of this kind to the sec tion. I do no t consid er it of any ve y e great importance whether this section is in the constitution at all. When any community form a government, they generally determine upon the plan of that governlment; and as to any abstract principles which may be adopted, they have probably little to do with the government itself. But it appeared to me, as we had undertaken to lay down in this section of our Bill of Rights, a kind of geological, or rather theological substratum upon which to build our goverement, it would 93 be proper for us to get th at as near ly correct as possible. It occurred to me that it was not ab solutely true in the nature of things, thatall men were by nature in uen ependent, but I supposed it was true tha t by nature eac h man had equal rights, whatever power might restrain him from the exercise of those rig hts. So I proposed that some such amendment as this should be made when the question first came up. i do not pro pose to enter into the discussion of this matter at all. I do not thinkit of any v as t importance to the constitution, whether th is am endment is made o r not. It ap pearsti to me to be ne ar er th e truth; and as in this first section we appear to be laying down so me thin g to declare as our ipsi dixit, a fact in nature, although not particularly applicable to government, as we seem to be traveling back, to lay down our opinions of what man is by nature, it appeared to me better tha t we should make our stateme nt as consistent with the f acts as possible. Mr. SKIFF. I will withdraw my amendment. Mr. HARRIS. I propose to detain the convention but a moment; but from the position in which I was placed, upon the sperial committee, having been under the necessity of giving this matter some attention, I would like to say to the convention that I examined with some care the bills of rights of the constitutions of all the States, and compared tlke language of our owl with that made use of in the several constitutions, where they intended to define that p.rticular principle of government, that peculiar right of equality that men naturally hold to each other. I find that the particular form of expression made use of in our constitution, is used oftener than any other form of expression, in attempting to define that particular right. It is true that it is not used in all of them, and that the word proposed by the gentleman and l~co nmended by the committee, is used in a very small number; but the word'equal' is not used so often as the word "independent," in that connection; and this appeared to me as one reason why we should adhere to the expression we have heretofore use(d. Sol attempted in the report I made here, to discuss this matter, and to present the true ground upon which it should stand. I apprehend, as the gentleman from Washington [Mr. Bunker] has said, that it is of no practical importance, and that no individual will be deprived of any inherent rights, or will acquire any rights which otherwise they would not ha ve in consequence of the change. But I think the word "independent" expresses what we desire to express, better than any word we can make use of. And I think the fact that it has been so often used in the constitutious of other States, is some reason why we should adhere to it; because they certainly had as great a number of members, and as good patriots, as ripe scholars, as we have, in the nation. And we ha vre some reason to conclude that they were pretty gen(rally correct, and this is their verdict as to O'lst Day.] 733 Tuesday] BILL OF RIGHTS. SKIFF-WILSON-CLARKE, of H.-CLARKE, of J. &C. [February 24th the best word to be used in expressing and defining our political rights. Another reason for my preference for the word "independent," is that I see no necessity for a change whenwe do not gain anything by the change. It is admitted so far as practicability is concerned we do not gain anything by the change. As I understand it, we nmerely wish to give it definition to that particular principle which we believe underlies all our system of government, to define what we believe to be the universalrights of man. Now if we hold to these doctrines, as we certainly do, that the people are sovereign, then in matters of government we certainly hold that they are independent; and I understand that this is what we are attempting to define, that there is no power beyond that of the people when legitimately and properly expressed; and if there is not, they are certtinly independent. We are simply desiring, as I understand it, to give some expression to what we conceive to be the rights of man, politically if you please, naturally if you desire to have it so. It does not matter particularly which we are speaking of. Our rights must be limited politically, because we all compromise something in coming together. We understand that man in a natural state cannot be particularly subject to any government at all; but that all governments are made by a compromise, and that the individual rights of the citizen are all complicated for the general rights and well-being of the community. We must make that kind of compromise whenever we undertake to form a government; we must make that compromise which will best secure the entire interests of the whole. And in viewing the question in that light, it strikes me that "independent" is the better word; for the people as a government are independent of any other source of power. Mr. SKIFF. I objected to this matter coming up before the conven ion. was fearful it miht lead off into some discussion. I believe the question is now upon changing the word -I independent" for the word "equal"; and upon that I move the previous question. person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in iany court of law or equity, in consequence of his opin i on s o n th e s ubject of religion. Upon this section the committee had submitted separate reports. Mr. WILSON. Mr. Harris and myself, making a majority of the committee, recommend the adoption of that section without amendment, but give different reasons for coming to that conclusion. Mr. CLARKE, of Henry. There was an amendment pending when this was referred to the committee, which has been reported back in a modified form by onie of the members of the committee; and if it be in order I will move that as an amendment. Mr. CLARKE, of Johnson. I will inquire what became of the proposi tion pending at the time thi as was erre ferre d to the committee. As I understand it, the action of the committee cannot make an amendment or modify an amendment, or cut off th e action of the convention upon a amendment. The m ajority of the com - mittee have reporte d ag ainst this amendment; but still it seems to me that the amendment is still pending and must be acted upon by the convention, either as it went to the committee or as it is reported back by a member of th e committee. The PRESIDENT.'the Chair is of a different opinion. The committee referred the section b ack in the sam e sh ape i n which it was referred to them, proposingnoamen(iment or change. The amendment pending when the reference was made, had not been acted upon; it had not been adopted. Mr. CLARKE, of Johnson. That is the fact; but did the reference cut off the amendment which was pending, but which, in the opinion of t he majority of the committee ought not to be adopted? The PRESIDENT. The Chair is of opinion that it did. Mr. CLARKE, of Johnson. I suppose that/ does not preclude amending the section. Mr. CLARKE, of Henry. I suppose that~ this would be left in exactly the same position in which it stood when it went to the committee. I suppose the section is before the convention either to amend or to pass it as it is, without amendment. I suppose that the amendment of the minority of the committee is in order. The PRESIDENT. Parliamentary practice requires that the amendments of the committee shall be first acted upon. Mr. CLARKE, of Henry. There is no other amendment recommended by the committee. Mr. WILSON. The tenth section was amended in the convention, and the committee recommended the adoption of the section as amended. The question being then taken, by yeas and nays, upon stri king out T independent," and inserting "1 equal," it was agreed to. Yeas 20; anays 15-as follows: Yeas-The President, Messrs. Bunker, Clark, of Alamakee, Clarke, of Henry; Clarke, of Johnson; Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young. Days.-Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, and Solomon. The next section referred to the special committe e was the following: No religious test shall be required as a qualification for any office or public trust, and no 734 r3lst Day. Tu-esday,l The demand for the previous question was seconded, and the main question ordered. p-s Da. ILO BGIS CLARKE, of H.-CLARKE, of J.-I-IALL —PALMIER-SCOTT, &C. [February 24th They recommended no alteration in the section referred to them. MAr. CLARKE, of Henry. I understand that the only amendment proposed by the majority of the committee has been acted upon. The PRESIDENT. The amendments of the committee having been acted upon, the Chair is of the opinion that the force of the previous qoestion is exhausted, and that the article is now open for amendment. Mir. CLARKE, of Johnson. I move to amend the 3d section by adding the following; "4And any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not interested in the subject matter of the suit, who may be cognizant of any fact material to the case; and parties to suits may be witnesses as provided by law."' some friend of the amendment would make this clear to me, if I ntisunderstand it; for it is certain, that as I understand it, the court would have the discre tionary power to determine whether testimony is relevant or irrelevant, and also as to the examination of witnesses in the trial. Air. CLARKE, of Johnson. I will may to the gentleman from Clayton [.Mlr. Scott,] that I think, there can be no difficulty in the legal construction of that clause. Mr. SCOTT. I hope not; but it struck me that there was something wrong in the wording. It seems to me that a man would have the right to detain any witnesses he sees fit. Mr. PALoIER. I m o ve t o amend the amend - ment by insert ing in the lP,st clause, the word civil" before " suits, " so as to read: "And parties to civil suits may be witnesses as provided by law." Upon this question Mr. CLARKE, of Johnson, demanded the yeas and nays, which were ordered. The question being then taken by yeas and nays, upon the amendment to t he ame n dment, it was rejected; yeas 9; nays 2c, as follows: Yeas-Messrs. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Palmer and Scott. Nays-The President, Messrs. Ayres, Bunker, Day, Emerson, Gib,on, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Marvin, Parvin, Patterson, Peters, Price, Robinson, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Mr. HALL. I am certainly opposed to admittirg that into the constitution. It is opening the door to conflict with other portions of the constitution. The constitution of the United Sta.tes provides that ill case of criminal prosecutiou the accused shall have the benefit of being confronted by the witnesses against h m; but hie is not allowed to take depositions. This is an innovation and had better be left out. It has been well enougih and safe enough heretofore. I hope the amendment will not prevail. Mr. PALMIER. I presume that there is a very m aterial and important principle involved in this amendment. It not only provides that parties to civil suits may be witnesses themselves, may offer thems elves as witnesses, but allows defendants charged with crime to become witnesses. I think that would be the operation of the amendment. Mir CLARKE, of Johnson. I drew that provision with some care for the very purpose of obviating the suggestions made by the gentleman from Des Mloines, and the gentleman from Davis. The proposition is simply this, that aliy party to a judicial proceeding may use any other party as a witness, who is not interested in the subject matter of the suit, just as the law now stands in relation to interest in a suit. It will not effect the rights of criminals any more than our p)resent laws. Under our present laws a criminal may take depositions against him, because the constitution of the United States gives himt the right of being confronted with his witnesses. There is not then any force in the objections urged by either gentlemen. Mir. SCOTT. The words "who may be cognizant of any facts material to this case," I think are exceptionable. They may not be, but it strikes rne that it throws a vast responsibility upon some individual to determine with accura- Me cy vhlether certain facts are material to the case. I suppose the party has the right to take depositions and testimony, judging for himself what he will require; and then I understand that the court will be the judge, and throw out those things not deemed to be relevant. I wish The question was then taken upon the amendment of Mr. Clarke, of Johnson, by yeas and nays, and it was agreed to; yeas 18; nays 17, as follows: Yeas —Iessrs. Bunker, Clark of Alamalee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff,,.Todhunter, Truer, Warren and Winchester. Nays —The President, Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patter-on, Peters, Price, Robinson, Solomon, Wilson and Young. Mr. TRAER. I move that the article be engrossed, and read a third time. Mr. WILSON. There are two sections yet to be passed upon, the tenth and the eighteenth. Mr. HARRIS. I propose to move to amend section ten as soon as it is reached. Mr. WARREN. I move to amend section eighteen by adding to it that portion recommended by the committee. Mr. HARRIS. I will state that that amendmenit was blades in the convention before it went to the committee. The committee concur unanimously ill recommending that it remain as it is. BILL OF RIGTITS. 785 Slst Day.] Tuesday] BILL OF RIGHTS. TRAER-IHARRIS. [February 24th The gentleman's amendment has been already made. mr. TRAER. Did the chair rule my motion out of order? The PRESIDENT. In the opinion of the chair, the motion to amend takes pr ece dence. Mr. HARRIS. Section ten reads as fol lows: 10. In all criminal prosecutions, and in all cases involving the life or liberty of an indi vidual, the accused shall have a right to a speedy trial by an impartial jury; to be inform ed of the accusation against him; to be con fronted with the witnesses against him; to have compulsory process for his own witnesses, and to have the assistance of a counsel. I move to amend this section by striking out the words, " and in all cases involving the life or liberty of an individual;" and I would like to say a single word in defence of that amendment. It may be, sir, that these words if allowed to remain, would not be fraught with the consequences I fear they would; but, in considering this matter, I have taken pains to search the constitutions of all the several States of the Union; and I find that there is not in a solitary one of them such a provision as that, or anything which would carry the same force or effect that that would. Gentlemen may think, perhaps, that that is a strong expression; but if they will take the trouble to make the exemination, I think they will find it to be true. I certainly made the comparison with some little care, in order that I might ascertain, if possible, whether we were striking out new ground in relation to this matter; and I think we are. If gentlemen will take the trouble to compare these different provisions, they will see the objection to this clause The reason will at once occur to them why that language is not inserted in other constitutions. So far as the rest of the section is concerned, they will find it in most of the State constitutions. In some shape or other, I think they will find it in all the constitutions of the several States; but that clause cannot be found there. I apprehend the reason for it is simply this. into Iowa and is arrested here, gentlemen will see at once that he is not entitled to a jury trial here. He must be tried where the offence is committed; and all that can be done with him here, is to hand him over to the officers of justice to take him for trial to the place where the offence was co mmi tted. Gentlemen will see that there is a provision in the constitution of the United Scates to that effect. So far as fugitives from justice are concerned, I think this clause which has been inserted in that section would come into corflict with the constitution of the United States, and would compel us to repudiate any law of Congress passed to put in force that provision of tite constitution of the United States. There is another reason that strikes my mind. I do not wish to enter into any political discussion upon that question, but I wish to be understood upon that as upon anything else. I do not shrink from placing myself upon the record upon this as well as other questions. And I say here that it is my belief that this provision was inserted here with the intention that it should have the construction I placed upon it. In fact, when I spoke of it to other members of the committee, while they did not positively avow the doctrine, they went so far as to say, that if it did go so far it made no difference to them, that it was a good doctrine and they would maintain it. Now, sir, there is a provision in the constitution of the United States that provides for the return of persons whose labor may be due, of fugitive slaves, if you please, to other states of this Union. This provision in our co nstitution would prevent any person from being removed, unless he first had a jury trial here. I undertake to say that he cannot have a jury trial here, for simple reasons. The laws of this state prevent any person from holding slaves; and would prevent any person from proving their right to the labor of any person who might be a slave. As I understand the laws of this state, passed under our constitution, you could not, there being no slavery ]tere, prove property in a slave. This would not be the proper place to try questions of that kind. He could only be fairly tried where the question of the legality of slavery would not arise. There are two classes of cases that may arise, and perhaps will arise under our constitution, in which I think gentlemen would say at once a person would not be entitled to a jury trial in this state. The import of that clause is to give any person that may be arrested, who may be taken up in any shape or way in this state, the right of jury trial immediately, and in this state. I say t hat the language cannot result in anything else than giving to any person taken up, under any circumstances whatever, the right to a jury trial here. Gentlemen will see at once that that ought not to prevail in all cases, for the reason that I attempted to give in the report read here yesterday. I understand that this provision is inserted for the purpose of providing that instead of tile fugitive slave having the t r ia l b y jury where his labor may be due, he shall have hi s t rial here; which would be equivalent to saying at once, that any slave in the territory of this state shall hav e the r ight to asser t his fre edom, and cannot be remanded back into slavery. That is the true meaning of that clause, I suppose. While I do not desire to defend the institution of slavery, or the moral right of the master to reclaim his slave, I understand there is a faith pledged upon the part of this state, and of the other states of the Union, which we have not the right to trample under foot. I have no [31st Day. 736 Tuesday) I If a person commits a m-urder, or any other crime, in anv other state of this Union, and flees BILL OF RIGHTS. Tuesay, OLR-IRtS -bur 4l objection to going upon the record upon this subject. Sir. CLARK, of Alamakee. It strikes me that the gentleman is feitching his apprehensions from a great distance here. In the first place, the constitution of the United States declares that a person shall not be deprived of life, liberty, or property, without due process of law. Now the phrase "'due process of law" has a known definite legal signification. It means a determination of the fact in the courts of common law, which secure the right of jury trial. Tihat covers the whole ground. Taking all that the gentleman claimed that this provision was intended to guaranty, it is no more than is secured by the Constitution of the United States to every individual. MIr. HARRIS. I will simply state that while I do not find this provision nor the one he speaks of in the constitution of the United States, nor in the constitution of any free State, the term "1 due process of law" is contained in the constitutions of several of the slave States. I apprehend there would be no objection to inserting this in the shape of the " due process of law" which he speaks of. tir. HARRIS. I did not say that they c ould not be arrested; but thiat thev would be enti tled to jury trial he re. Ir. CLARK, of Alamakee. Now I und er t ake to say that they would not be entitled to a jury tria her e. What is he min the meaning of that provi sion? What would be the principl e at the tfoun dation of that provision? The provis ion says that he shall not be deprived of liberty; that is, upon the final trial. It is upon th e trial which is to settle for all comning time te th question as t o his right to liberty in th at case. It is th e fi nal trial, the t rial prov ide d by law, according to the common lawts, when the case i s heard, th e j ury is empanne lle d, and t he verdict is pro nounced. It has no reference to his being ar rested i n preparation for trial. Are not perso ns arrested every dayi for th e p urpose of exarnin a - tion, to ascertain wh et h er t her e i s proper cause for retaining them until they sha ll be put upon their fin al trial? Under the requisition of the Governor of another State, upon a chfarge made out against a man for an offense committed against a man in that State, to arrest and re - mand a fugitive from justice does not interfere at all with the provisions of th is constitution. But th e rea l difficulty of the gentleman lies, I apprehend, not in these objections, but simply in re lation to th e last t opic he has touched upon. I am willing to meet t he gentle man fairly and squarely upon th is question. I cl aim that no Stat e can be sovere ig n, no people can be inde - pendent, without a right reposed in that people, and in that sovereignty, to protect its own peo ple, and to determine within the jurisdiction of th at sovereignty th e right of the p eople fo und there to life or liberty. I hold that unless we have the right to make a constitution which will secure to me the right of jury trial, if I am claimed as a fugitive slave, w ithout that right we are not a sovereign people. Without that right we cannot protect every indivi dual member of society. Without th at right w e c ease to be a sovereignty, and become dependant upon some other power. Gentlemen will say perhaps that there is no danger of my being claimed as a fugitive slave. I do not know whether there is not. I apprehend that people as white as I am have t)een claimed as fugitive slaves. And if I am found within the jurisdiction of this State, it is a principle of sovereignty, that if I am arraigned upon a charge t'-at I do not own myself, that I am not a free man, I have the right to a trial here where I am found; and the laws of the State should guarantee to me that right. We cannot be independent, we cannot be sovereign, without that right. We canrot protect our citizens without it. I do not care whether the case is probable or not. If it may be so that either myself or any other individual who is a citizen of this State, may be claimned as a fugitive from service, and dragged from his home inl this State, dragged from his flamily, dragged from the presence of his friends, dragged from the spot where he canl h.lve the be a MIr. CLARK, of Alamakee. I apprehend that if the gentleman has no objection to a provision in the constitution of this State, which in fact is similar to that in the constitution of the United States, he will have no reasonable or good objection against this provision in the constitution. There is another provision of the constitution of the United States almost directly upon this point, and, it strikes me, going the same length, in almost, every conceivable case, with this provision in the tenth section of our bill of rights. It is the provision that requires that in suits where the value of the controversy exceeds twenty dollars, the right of jury trial shall be secured. Is not that provision of the constitution of the United States, as broad and effective as the provision in the tenth section of this article, which the gentleman has moved to strike out? Apply the principles of either of these provisions of the constitution of the United States, to any individual who may be arrested under the lawis of this State or under the jurisdictiotr of this State, and will they not secure to that individual all the rights that can be secured to him by the section which the gentleman wishes to have stricken out? I think it is clear that that is the case. Notwithstanding that, I am desirous that this provision shall remain in this constitution for a number of reasons. I know it is secured and guaranteed by the constitution of the United States, wherever that constitution is applicable, in all the courts governed by the constitution. If the constitution of the United States contains that provision, I apprehend that the people of this State have the right to place it in their constitution. The objection raised by the gentleman seems to me to have no valid foundation. He says that fugitives from justice cannot be arrested in this State under this provision of the constitution. 31st Day] i' 3 7 Tuesday,] CLARK-1-IARRIS. [February %4th BILL OF RIGHTS. Tusa]CAKWLO.[eraypt when liberty is invaded, to every person found within their borders. When I say this, I do not mean that I would advocate disregarding a provision of the conrstitution of the United States, or that I would advocate enacting a law annulling a law of the United States; that it is the principle of the constitution of the United States, that the person whose liberty is questioned, is entitled to a jury trial here at home; and the person claiming him may produce his law from the slave States, by which he is to be proved to be his property. If he can establish by proof that it is the same person, that he held him and owned him as a slave, he is to submit these proofs to a jury of the country where the man is found. All the principles of right, all the principles of justice, all the principles of humanity demand that at our hands. Why, sir, what was one of the most serious charges brought by our forefathers against Great Britain, and one of their most substantial excuses for resisting their tyrannical acts? It was that they transported men away from their homes, beyond the seas, away from their friends and relatives, to be tried in courts of justice not of their own creating. Anrd shall we be less mindful of the rights of our own people in our own State, than were our ancestors? Shall another State of this Union come into our State and claim to sieze any person found within our limits, lay their hands upon him, drag him from th e State, away from his home, away from the evidence, into a foreign State, to be tried upon the question which overrides all other questions, the right of that man or that woman, it may be, to his or her freedom? Never will such a provision be stricken from the constitution of this State with my consent. Mr. WILSON. It has been remarked by one member of the commnittee, the gentleman from Appanoose [Mr. Harris] that when he raised his objection to this clause, before the committee, it was said by other members of the commn-ittee, that even though that provision should come in confiictwith the fugitive slave law, the majority of that committee did not care. I was one of the majority of the committee, and I will i repeat here to-day, that if the provision under consideration should come in conflict with the fugitive slave law, I do not care. I hold the doctrine which has been enunciated by the gentleman from Alamakee [Mir. Clark], that the fuigitive slave law is unconstitutional. I believe it to be unconstitutional. And, sir. if we do put atnything into our constitution which will conflict with that law, I am safe in saying, that for one I do not believe I am coming in conflict with the oath I have taken to support the constituof the United States. The gentleman says that this may bring us in to conflict with the provisions of the constitution ~f the United States, and has cited two instances-one in relation to fugitives from justice and the other in relation to fugitives from ser| vice or labor. There is a wide difference be means of proving his freedom, and taken into a foreign land, into another State, under an independent sovereignty, to be tried, irrespective of the place where he is found and lives, if that ma< be done, there is no essence and there is no meaning in the term "sovereignty." Let us look for a moment at the contrast between the principle claimed and the true principle. Suppose that a man in Missouri comes over here a nd claims a horse, which he f inds in my possession. ite cannot disposse ss me of that horse and t ake it to Missouri without giving me the benefit of a jury trial to ascertain whether that horse is mine or his. But if he wishes to put in ai false claim to that horse, which he would be unwilling to submit to a jury of this State, where I have the means of proving that the property is mine, all he has to do is to go back to Mlissouri and make out a case describing me as a fugitive slave. Then he can take me, deprive me of my right of being heard by a jury, and thus secure me and my horse too! Wh\iat a glaring inconsistency in principle. bVe ake a a sovereign State that will allow me the right of a jury trial when the value of a sixpence is brouht into controversy; and yet when I am put upon trial for my liberty, which is above all earthly blessings, I am deprived of that right. This, we are told, is a principle of sovereignty. I may be met by being reminded that an act of congress has established the law that I may be taken away i rom this place as a fugitive slave, and carried to South Carolina or Texas, or any other part of the United States, as a fugitive slave, and that I shall not have the right of jury trial here. I admit that such is the reading of that law. But there are serious doubts about that being constitutional. I de not believe that it is constitutional. I believe it is in direct conflict with some twelve or fourteen provisions of the constitution of the United States. Now then I wisil to san that if it is unconstitutional, the n we arie bound by all means to place in our constitution such a provision as this, to protect our native citizens. If the law is constitutional, and shall be upheld by our tribunals, this provision can do no harm in the constitution, because the higher law, the law of the United States, will override the provis i ons of ou r c ons titution. So it can woik no injustice, no injury, no harm, in being placed there, in either case. Viewing it in any light I'nn capable of viewing it, I am in favor of having it there, and therefore I am sincerely opposed to striking it out. I think it is a duty which we owe to ourselves, to our constituents, and to the people throughout the State; a duty which the people of the State owe to each other and to themselves, to maintain their sovereignty, to maintain the principle that as sovereigns, they have the right to guarantee the right of trial by jury, [Slst Day. 7.1 8 [February 24th CLARK-WILSON. Tuesday] BILL OF RIGHTS. Tu-dy WISN E -bur v~ tween the two cases. There is a wide distinc - tion in the constitution itself, a distinction wide enough, in my judgment, to warrant us in placing this provision in the constitution of this State. The section referred to by the gentleman from Appanoose [ Mr. Harris], in relation to fugitives from justice is in these words: m A person charged in any State with treason felony or other crime, who shall flee from justice, and b e f ound in anoth er Stat e, shall, on demand of the executive autho rity of the State from which he fled, be delivered up, to be removed to the S tate havint jurisdic tio n of the crime." There is an abso lute requirement by the constitution of the United States upon the States of the Union, to deliver up the fugitive on the requisition of the Executive of the State where the crime was committed. But how different is the language in relation to fugitives from s ervice or labor: "lNo perso n he ld to service or l abor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, b e discharged from suc h service or labor, but shall be delivered up on claim of the party to whom such servic e or labor may b e due." I undertake to say that there is a vast difference between b these two propositions In the first place, the reas on why the fugitive f rom justice is to be de livered up, on the requisition of the Governor of the State where the crime was committed, and from which he has escap ed, is ttht that State only ca n have jurisdiction. T he c rime c annot be punished exceptinw by the courts of the state having jurisdiction of the ouffnce. It is the locality that gives life to this provision. But i n the o ther case, you do not char e uponl a man the commission of any crime, and the charge is brought primarily against the man in the State where he is sought to be reclaimed. If you bring a charge against a man for having escaped from service or labor due in another State, your charge is primary i n its c haracte r, and is brough t where y ou find the man. What is the presumption of law il that case? The presumption is that every man is a freeman until he is shown to be a slave. Where are you to determine that? Under the jurisdiction where the charge is brought, and not, as in the other case, under the jurisdiction where the crime was committed. There is k wide distinction, a very wide distinction between the two cases. For that reason I say that I am willing to place the provision under consideration in the constitution of this State. Gentlemen may say that it will bring about a conflict between the courts of the United States and the courts of this State. Let that conflict come, and 1st the question be determined. I say that every man sought to be reclaimed as a filgitiv-e slave has a right to a trial by jury; and if the Congress of the United States, in the statutes passed by that body, shall refuse that right, let the State where the man is sought to be reclaimed, make provision by which he shall have that right gua,ranteed to him. I well know that there was a time in the history of this country when men were not afraid to say, that in,ll cases involving life or liberty, man should be entitled to a trial I y jury. But in these latter days, we find men trembling when it comes to the enunciation of that kind of doctrine. Their knees quake from fear that it will come in conflict with something that has grown up under our government, in conflict with old time doctrines. If there is anything in the government of the United States which has sprung up from the interpretation of the constitution, or which has grown out of the s tatu te s of Congres s, wi th which the provision under con sideration comes i n c onflict, then I say the oneti o i the sooner we get rid of it er, ther sooner we asser t our det ermin at ion to st and by the principles of the Father s, the better for our country, the better for ourselves, the better for posterity. In the declaration of independence we find a grave charge brought against the English government; and what is that? When the founders of this government met together for the purpose of declaring their independence of the mother country, they thought it was not right to sever the connection without giving to tile world their reasons for taking that step. They spread before the world their reasons; and among other reasons which they brought forward in the shape of charges against the mother country, we find the following: "For depriving us, in many cases, of the benefit of trial by jury." That was one of the charges brought by the colonists, represented in the Congress which adopted the declaration of independence, penned by Jefferson, one of the charges given to the world in justification for entering upon our revolution to secure our independence. And shall we, the descendants of those men, now fear to renew that declaration? Shall we, who have enjoyed for years, and our fathers before us for a life-time, the blessings secured by that act, shall we now, forming a corftitution for a sovereign State, a sister to the old States, now shrink from the declaration then made? Shall we fail to carry into effect the true principles involved in the charge there brought against the mother country? Sir, when that declaration went to the world, with other charges containing the reasons for severing the connection existing between the two countries, the world justified the act. The world justifies the act to-day; and the world will justify the act forever. All mankind look upon it as one of the noblest spectacles ever presented to the world. We are called upon to-day to preserve one of the great principles upon which they based their action at that time. For one, sir, I am free to say that I will never shrink from declaring it. For one, sir, although it may bring down all the reproach that can be bestowed upon me; although it may cover me from head to foot with epithets from Slst Day.] 739 Tuesday] WILSON. [February 24th 740 BILL OF RI~~~~~~~~~~~~~~~~~~~~~~~~~~llTS. [31st Day~~~~~~~~~~~~~~~~~~~~~~~~ Tusdy hALWLO.[eraypt my opponents; although it may dig my political grave so deep that the hand of political resurrection shall never find me, I will, neverthe less, by my vote, stand by that principle, while I have power to stand in favor of any declaration or any principle. I am contending here, sir, for'a declaration which will give to me and to others this right claimed by our fathers in the Declaration of Independence; and I now desire to know whether any gentleman in this Convention will dare to vote against re-declaring this old principle. I desire to know whether anything has grown up ij our government which causes men to stand aghast in the presence of this principle, and to rote against its adoption. I desire to know if, after all our care, after all our energies and the energies of our fathers have been spent in building up a system of free government, to secure this right-if; after all the safeguards which have been thrown around it, anything has crept into this government which comes in conflict with this right. If such is the case, I stand ready, for one, to do all that lies in my power to eradicate the evil, to get rid of it as soon as possible, to bring ourgovernment back totheoldlandmarks by which our fathers marked out the originalcourse ofour government. Sir, uponthatplatform I am prepared to stand; upon that platform I am prepared to fall, if fall I must. But I know that the people of this State, and the people of every free State in this Union will at last say, amen, to the declaration this Convention will make by engraftung the clause under consideration in the tenth section of our bill of rights. Let us look and see how this matter slands. It is a matter of history, that no gentleman of intelligence dare deny, because he can be con victed of ignorance if he attempts it, that unless this clause had been placed in the Constitution, that Constitution could never have been agreed upon; it could never have been framed. Du ring the administration of General Washington, (I know that he has lost his prestige in this age; I know that his views are hissed at and his dec larations looked upon as those of a man un worthy of being heeded)-by the recommenda tion of that man, whose name, I think, will ex ist in history as long as that of any other man, this law was passed unanimously by Congress, many members of which were also members of the conve ntion which framed the Constitutlon. Mr. WILSON. Will the gentleman allow me to ask him one question 9 I presumn e he does not refer to the present fugitive slave law. Mr. HALL. I refer to the law of 1793. Mr. WILSON. ay quest ion i s t his: whethe r the fugitive slave law recommended and p assed at that time has not been de clared unconstitu tional 9 Mr. HALL. As I was stating, the fu gitive slave law was passed in 1792, and p as sed wit hout any objection a t a all, upon the re c ommendation of the executive a t that time, wh o probably knew as much about the principles of the Declaration of Indepen dence. and the pri nciples of liberty, as some of us now here, an d whose jud g men t I am proud to trust. That law was in force until 1850; that is, for a bout fifty-se ven years. During that time, there was one branch of that la w whi ch was declared-not exactly unconstitutional, I would not give it that expression, where it at t empted t o f orce th e m agistrates of the States, created u the the State laws, to assist in carrying it into execution. It was decided that they could not be c o mpelled to perform those dut ies; and he nce, after that decision was made, the law was found inefficient, and the present law was framed to meet th e difficulty. Now, sir, if the fugitive slave law of 1850-the law which the gentleman speaks ofis not in accordayce with the Constitution of th e United State s, but is in conflict with that instrument, there is provided a tribunal to decida that question; and when it has decided that question, can we, as citizens belonging to a State, or as citizens of the United States, resist the execution of what is thus declared to be the law of the land, and to be constitutional? Can we'resist it without being traitors 9 That is the question. Can we resist the authority of the United States, constitutionally presented, and set it at defiance with impunity, and still say that we belong to the government? That seems to be the doctrine of gentlemen here. No, sir; the decision of the tribunal of adjudication provided in the Constitution, upon disputed questions, is just as much a part of the constitut~ional and supreme law of the lands as any act of Congress which may become authoritative in this State. We are not sovereign over the ques eIr. HALL. I have but a few words to say in reply. I ask, when gentlemen rise here and talk about this State as being a sovereign State, if that is true? In some things this State is sovereign; but in some things it is not sovereign. In some things the United States are sovereign, and in some things they are not sovereign. That is what I have learned. No person can gainsay that, unless he is prepared to draw the sword against the Constitution of his country, unless he is willing to resort to force, to bring about a revolution and a change in our institutions. Now, sir, as to this subject upon which this insidious clause is attempted to be engrafted into our Constitution, we, as a State, have said, that the United States should be sovereign upon that question. They are sovereign upon that question. It is part of the Constitution of the United States. We have said, too, that the courts formed under that Constitution should be the persons to construe that instrument, and that their decisions should be final in all cases arising under it. That is as much a part of the Constitution as any other clause of it. Now, sir, the person who wishes to bring our State into collision with that instrument, or who wishes to put into our Constitution a defiance against the exercise of that branch of sovereignty confided to the United States, and yielded to the United States by the Constitution, goes one step towards beeoming a traitor to that instrument. 740 BILL OF RIGHTS. [31st Day Tuesday] IIALL-WILSON. [February 24th BILL OF RIGHTS. Tuesday] HALL- SKIFF-WINCIIESTER-WILSON-TRAER-JOHINS TON. [February 24th tions we have delegated and given up to that adjudication; and that is the error of logic iAt the whole argument. I would be unwilling to put into this consti tution what gentlemen have openly avowed is the meaning of this provision; and if these words are not stricken out, this will be the con dition of things: that if Congress pass a law upon the subject of the rendition of fugitive slaves, and if that law shall be resisted by a counter law of this State, we shall have assumed to take that subject from the authority of the laws of the United States, to decide upon it for ourselves. That cannot be done without bring in, about a collision between these authorities. The power of the one government, proceeding under the judicial authority of that government, will be brought into collision with the power of the other government, exercising its authority under the judiciary or some other branch of the government. There will be a collision between the power of this State and the power of the United States; and that, too, upon a question clearly given up and surrendered by the States to the (General Government, and fully decided over and over again. The judiciary of this State does not settle the question whether that law is constitutional or not. That is a part of the duty of the Supreme Court; and it is the duty of every pers on t o abide by that decision when mad e. We can have no law without it. if gentlemen take the authority into their own hands- if a S tat e, in consequence of an unwelcome decision of the Court of adjudication, stands out and rebels a gainst i t, what is the consequence? One or the other of these powers must enforce its judgments. One or the other of these parties must be right. Both cannot be right.:Now, I am unwilling to bring our State, at this early period, or at any time, into a collision with the government of the United States. I am unwilling to put into our constitution a clause to decide what the Constitution of the United States means-to decide questions which the Supreme Court alone can decide. I am unwilling to assail directly the constitution of my country. That is the position which I occupy here. lision and rebellion against that Consti tution. Are we now to make our prima ry law come in conflict with that? Shall we stand here and sny that the General Government shall not exer cise the po wers delegated to it? I t strikes me that we will not do it. I do not believe that the ma jor ity of this convention can be brought into collision with the General Gover nment up on t hat matter, or sow the seeds of treason in the constitution we ar e fram ing. Mr. SKIFF. I think the convention must be by this time pretty well prepared to vote upon this question, and I therefore move the previous question. The call for the previous question was seconded, and the main question was ordered, upon a division; ayes 15, noes 13. The question wa s then stated upon the amendment of Mr. HAPgstS, to st ri ke out front section ten the words, " and in all cases involving the life or liberty of an individual." The question being then taken, by yeas and nays, the amendment was rejected; yeas 14, nays 21, as follows: Yeas-Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price, Robinson, and Solomon. N.!,ys-The President, Messrs. Bunker, Clark; of Alamakee, Clarke, of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young.: On motion of Mr. WINCHESTER, The article was referred to the Committee on Revision, Engrossment and Enrolment. Mr. SKIFF. I move the following resolution for the special benefit of my friend from Lee, [MYr. Johnston.] Resolved, That when any member of this convention is brought in by the Sergeant-at-Armsupon a call of the House, the delinquent be required to furnish the members with refresh ments. [Laughter.] Mr. IVILSON. I move the following resolution, in good faith, as a substitute for that of the gentleman: Resolved, That the Sergeant-at-Arms be allowed one dollar for every member of the convention brought in upon a call of the convention, which sum shall be paid by such member, unless otherwise directed by the convention. Mr. TRAER. I suppose that resolution lies over one day under the rule. The PRESIDENT. In the opinion of the Chair, it will lie over two days. [Laughter.] Mr. JOHNSTON. I wish to call the attention of the convention to one thing. It will be seen by the act of the Legislature calling a convention, that there is a provision for the per Is it possible that the majority of this con'vention will stand here now and say that this authority delegated by the Constitution of the United States does not belong to the General Government? That we here may take it back? That we here will resume that privilege or that power? Will we do it.? If we can take from the General Government what has been committed to them in this particular, we can in any other particular; and what government is there left? How long will it stand? This State takes away one prerogative, and another State another prerogative. The General Government would be a rope of sand, indeed. It would be worthless; it would be a mockery. That government is supreme in regard to that question. The decisions of its courts are supreme with regard to it. We cannot interfere without col 94 I c s c t I t I i 31st Day.] 741 Jliscellct,.rleou,s. PRINTING OF THE JOURNAL, &c. Wednesday] PARYIN-TRAER-WILSON-CLARKE, of II. [February 2th diem of members and mileage, and also providing for the compensation of officers; and I think it is further provided that the convention shall make arrangements for its own printing. As we begin to see the end of our labors, it would be well to collect these things together. The officers of the government will require some kind of a certificate or authentication; and I therefore move the appointment of a committee on expenditures for the purpose of collecting the different items and presenting them in a proper shape to the accounting officer. The question being then taken, the motion was agreed to. BNlr. PETERS moved that the convention take a recess until 7 P. AM. The question being taken upon a division, the motion was rejected; ayes 7, noes 11. On motion of a lr. TODHUNTER, The convention then adjourned until to-morrow morning, at 9 o'clock. he journal of the Secretary be printed, in orter that members may have it t o d istribute in heir respectiv e districts, so as to let the i r conOtituents know in what manner they have voted pon the various questions pr esent ed h er e. I Tee no reason why we should dispense with the printingtIo of it. I know of no legislative body or convention that has ever dispensed with the printing of the Secretary's journal, and I hope this convention will not do so. I do not know th e n umber of copies that it ill be necessary to have print ed. I think we ought to have fifteen hundred, and that will make th ree thousan d cop ies of t he journal of he Secretary and the debates. If the convetnti on conclude to print the journal, it will fa l l o f course under the supervision of the Secretary to a ttend to i ts publica tion. The resolutions I have offered also requires Mfr. Mahin to print such number of copies of the amended constitution as the convention may agree upon. This, I think, is essentially necessary. The consiuttution, of course, will be printed in all the newspapers, but I think it is atlso necessary t o prin t it separately, and c as t it broadcast over the State, so that every voter may have an opportunity of comparing the new with the old constitution. I would go as far as any gentleman to save expense, but I think it is due to ourselves and ouir constituents, to have this printing done. When our constituents have this journal before them, they can see how their representatives have voted upon every question that has been presented here. Mr. TRAER. For one I am not prepared to vote upon this question. And in order that gentlemen may have time to consider the matter, I move that the resolutions be laid uponthe table, subject to the order of the convention. The question was taken, and the motion was agreed to, upon a division; ayes 11, noes 8. T he Convention met at 9 o'clock, A. M., and was called to order by the President. Prayer by the Chaplain. The journal of yesterday was read and approved. Mir. PAtVIN offered the following resolution: "Resolved, That John Mahin be hereby employed to print copies of the journal of the Secretary, and that he be paid as compensation therefor, the same amount as is paid to the State printer for like services. Resolved, That the Secretary-T. J. Saunders -be employed to superintend the printing of, and to distribute the said journals; and that he be allowed - dollars as compensation in full for his services. Resolved, That John Mahin be employed to print copies of the amended constitution, separate from the journals, and that he be paid therefor the same amount as is paid the State printer for like services." Mr. PARVIN. I desire to occupy the attention of the convention but for a moment in explanation of these resolutions. At the beginning of the session we agreed to dispense with the printing of the journal, and print three thousand copies of the debates and proceedings of the convention, as prepared by our reporter. This was thought to be too expensive, and subsequently we reduced the number to one thousand five hundred. Now, I think it is due to ourselves and to our constituents, that Mr. WILSOl I offer the foll owing resolution: " R esolved, That the Secretary be, and he is hereby authorized to employ some competent person to act as enrolling clerk to th is convention." I will simply say in connection'with this resolution, that I believe the se rvices of a c ler k for this purpose will be necessary. Our present secretary cannot attend to it, and his assistant is unwell and confined to his room. It will be necessary to have the constitution enrolled, and as it is customary to employ persons for that purpose, in other bodies of the same character, I therefore move this resolution. Mr. CLARKE, of Henry. It strikes me, that we can get along without this expense. I believe that the articles which we have already passed upon are now being printed, and will soon be laid before members. The articles on [32d Day 742 Wednesday] PARYIN-TRAER-WILSON-CLARKE, of H. [February 25th WF,DNESDAY, Februa.ry 25th, 1857. Printing of the Tournal. Enrolling C-lerk. 32d Day.] PRINTING THIE CONSTITUTION IN GERMAN, &C. Yednesday] cLARKE, of J.-GIBSON-JOIINSTON. [February p5th the legislative, the executive, and the judicial departments, and the articles on the militia and Stete debts, which comprise more than one-half of the constitution, are now in a condition that will require no further enrollment. The question was then taken upon the resolution, and it was agreed to. we can make some inquiries upon this subject. I would like to have some four or fi e hundred copies of the constitution printed in German for distribution in my own county. I presume that some other gentlemen here would like an equally large number for distribution in their cotInties. Mir. CLARKE, of Johnson. I am not disposed to press this resolution to a vote this morning, if gentlemen desire time to consider what number it will be necessary to print in the German language. I move, therefore, that the resolution be laid upon the table for the present. The question was then taken, and the motion to lay upon the table was agreed to.. MIr. CLARKE, of Johnson. I offer the fol lowing resolution: "Resolved, That of Dubuque county be employed to translate the constitution into German, and that he be employed to print three thousand copies of the same at the prices now paid by law for the same kind of work." I took the responsibility of fixing the number of copies of the constitution to be printed in German at three thousand, which I supposed would be sufficient. I am not particular as to the amount, if the convention think proper to increase or diminish it. I do not know what the value of this labor is. I hope some gentleman who is better qualified than I am to judge of this matter, some one who has been in th T General Assembly, and who knows what has been paid for the translation of the Governor's message into German, will inform us in regard to the prices we ought to pay for this kind of work. Mr. GIBSON. I move to amend the resolution so as to provide for printing one thousand copies in the Holland language. - IMr. JOHNSTON. I do not think the number proposed by the gentleman from Johnson, [Mr. Clarke,] is sufficient. There are a large number of Germans in this State, who cannot read and write the English language. I understand that there are a large number in Clayton, Dubuque and Scott counties. There are about eight hundred or a thousand German voters in the county in which I live. I wish, therefore, that the gentleman would enlarge the number. There is another matter to which I wish to call the attention of the convention, and itis this. It will be necessary to amend the resolution so that the old constitution may go out to the people along with the new one. It has been customary in other States, where new constitutions have been framed, to publish the old with the new constitution in parallel columns, marking the changes that have been made in italics, so that the people can have the old and new constitutions before them to see what changes have been made. I hope the gentleman will so moditfy his resolution as to provide for the printing of the old and new constitutions in parallel columns, mnarking t h e additions and amendments in italics. I am not prepared to say what number is sufficient; but I think the number named by the gentleman from Johnson is too small. Probably it might be well to let this matter rest until The PRESIDENT announced that he had appointed the following gentlemen as the Committee on Accounts and Expenditures; Messrs. Johnston, Clarke of Johnson, and Parvin. On motion, the convention then resumed, in committee of the whole, (Mnr. Parvin in the chair,) the consideration of the report of the Committee on Education and School Lands. The CEIAIRIAN. When the committee l ast rose, the question pending was u pon substituting the following, being the fir s t section of th e minority report, which reads as follows: I T he General Assembly shall p rov ide for the election or appointment of a Board of Education, to be composed of twelve persons, who shall be the Trustees of the University, and shall have the general charge andlcontrol of education in the State. They s hall have po wer to a ppoint a Secretary of the Board, who shall be their executive agent, and perform such duties as may be imposed upon him by the Board of Education or the laws of the State." for the first eleven sections of the majority report, which are as follows: Section 1. The Educational interests of the State, to include Common Schools and other Educational Institutions, shall be under the management and control of a Board of Education, which shall consist of sixteen members. Sec. 2. No person shall be eligible as a member of said Board who shall not have attained the age of twenty-five years, and been two years a citizen of the State. Sec. 3. The General Assembly shall district the State into sixteen Educational Districts, and one member of said Educational Board shall be 743 [February 25th Wednesday] CLARKE, of J.-GIBSON-JOHNSTON. Printing of the Constitution in German. Committee on Account.9 and Ex.pendi,lure3. Education and School Lands. The PRESIDENT. The first business in order is the fur'h r consideration, in committee of the whole, of the report of the Committee on Education and Z!' chool Lands. Committee of the TRole. BOARD OF EDUCATION. [February 25th chosen by the qualified electors of each district, and shall hold their offices for the term of four years, and after the first election under this constitution, the Board shall be divided by lot into two equal classes, and the seats of the first class shall be vacated after the expiration of two years and one-half of the Board shall be chosen every two years thereafter. Sec. 4. The first session of the Board of Education shall be held at the seat of Government, after which said Board may fix the time and place of meeting. Sec. 5. The session of said Board shall be limited to twenty days, and but one session shall be held in one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the Board, the Governor may order a speci 1 session. Sec. 6. The Board of Education shall organize by appointing from their bo ty a presiding officer, and the appointment of a Secretary and other inferior officers usual in Legislative Assemblies. They shall keep and publish a journal of their proceedings, which shall be distribuited in the same manner as the journals of the General Assembly. Sec. 7. All rules and regulations made by said Board, shall be published and distributed to the several Counties, Townships, and such School Districts as may be provided for by said Board, and when so passed, published and distributed, they shall have the force and effect of law. ceived by the the Treasurer of State, and all holders thereof shall be required to pay the same to the treasurer as fast as existing con tracts mature. On the first fonday in February of e ach year the Auditor and Tr eas urer of St ate s hall distribute to each count y the ir proportion, a nd the county treasurer shall be authorized to dra w the same, which shall be drawn b y the districts or teachers a s pro vided by the general assembly. All of which shall be done by ex-officio srpr.-t ried officers, and without charge to the said fund. " The CHAIRenIAN. The Cf air is of the opi n - ion that the proposition of the gentleman from Cedar, [Nlr. Gower,] would not now be in order as an am endm en t to the motion i s now pending to strike out the first eleven sect ion s of the majority report. MNtr. CLARKE, of Johnson. I am in favor of t h e motion mad e by the gentleman from Lee, [~Ir. Johnston.] It seems to have been the intention of the mover, and seems to hav e been anticipated by the committee, that upon this motion the fe asibility of these two projects might be considered. I propos e bri efly to give my re ason s fo r pre - f er rin g the min ori ty to the majority report. I can say at the outset, that I concur e nti rely i n what the gentleman from Des Moines, [Mr. Htall] and the gentleman from Scott, [Mr. Ells] said a day or two since in relation to the importance of this sub ject. I believe th at it is th e most importan t subject upon whi ch we ca n be cal led to act, a nd that i t should receive our most ma ture deliberation; and if we should spend weeks in its co nsideration, and at the e nd of that time dev ise a system which would secure to th is sta te an efficient school system, and amply secure the school fund, we would be fully repaid for the time and money expe nded for the m eeting of this convention. The first objection that prese nts itself to my mind against the maj ority report u pon this subj ec t is this; and it i s an objection which 1 have frequently urgedbn relation to other questions submitted to thi s conv ention. This majority re - port, takes this school sy stem, which ought to be, and which I think is,peculiarly dear to the people, out of their hands entirely. It goes too much into detail. If the experience of the future should show that the system was defective, and did not meet the expectations which the gentle man from Des AMoines, [Mr. Hall] now enterI tains concerning it, it will be beyond our power to make such corrections and amendments as will be desirable. Both the majority and minority reports provide, as I understand it, for th e creation of a board of education; and as far as there have been any indications in their votes upon this subject, it seems to be the well-settled policy of the convention that there shall be a board of edu cation createdl, which board shall have the control of the educational interests of this state. In regard to this main leading idea, there is no Sec. 8. Said Board shall have full power and authority to legislate and make all needful rules and regulations in relation to Co mmon Schools and other institutions of learning that are instituted to receive aid from the School or University funds of the State. Sec. 9. Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules, and regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court. Sec. 10. The Board of Education shall provide a system of Common Schools, by which a School shall be organized and kept ia each district at least three months in each year. Districts failing o organize and keep up a School, may be deprived of their portion of the School Fund. Sec. 11. The Board of Education shall establish one University, which shall be located at some central point in the State, Provided, that until such time as such location may be made, and suitable buildings erected, said University shall continue as at present located. e 744 [32d Day. Wedit-tesday] GOWER-CLARKE, of J. .Ir. GOWER. I wish to offer the followin,, by way of amendment: "All moneys that have accrued or may accrue, to the school fund of this state under the second section of the ninth article of our constitution on 4 education and school lands" shall be re BOARD OF EDUCATION. [February 2.5th difference between the character of these two reports. They both propose to place the educational interests of the state in the hands of a board of education. The main difference between them is this: that one provides for the manner in which the board shall be called into existence, while the other leaves it altogether to the lawmaking power to determine the character of this board, and the mode in which it shall be called into being. I agree with the gentleman from Des Moines, [Mr. HIall] in saying that this board should have character and stability, and that it should not be dependent upon any branch of the government. I do not think, however, that the objections which lihe makes to the minority report, are well founded. I do not think it is necessary to provide in the constitution how this board shall be elected, in order to give them either character, permanency or stability. I think we may safely trust the creation of this board to the legislature; and I have no doubt that when they do create it, they will provide all the essential requisites for the successful operations of this board; that they will fix the length of time which each member of the board shall serve, and make all other necessary provisions in order to enable them to discharge their duties satisfactorily to themselves and to the people. The first objection to the majority report that strikes my mind, is the manner in which this board is to be elected. It is proposed to divide the state into districts and give the election of the members of this board to the people. The first inquiry that presents itself here is do we have in this state the class of men that are necessary to make an efficient board of education, and who would be willing, for mere nominal pay, to devote their time and energies to building up our school system and attend to the management of our educational interests? I believe we have; I suppose that fifteen or twenty men may be found in this state who feel a deep interest in this subject and who would willingly undertake this task. The question then arises, which is the best mode orf selecting these men? If the State is divided into school districts that shall have the selection of these men, and the question is to be left to the vote of the people, will this mode of election secure the selection of that class of men? The gentleman from Des MHoines, [LMr. hall,] says, and correctly, too, that the men who devote their lives to teaching, and whose minds have been employed in the investigation of educational questions, are generally modest men, who shrink from mingling in politics, and from contact with party struggles. If this be true, and I think it is, it follows, as a most necessary and inevitable consequence, that the adoption of this system of electing these men by the people, will not secure the election of the very men who are best fitted to take charge of this department of the government. I think the inevitable tendency of this system would be to throw this school system into theparty politics of the day. We know, from experience, that we can not, in this State, elect an inferior officer by the people without a party contest. The elections of your township trustees, constables and justices of the peace, become party questions, and we have party candidates presented for these offices. The question is not who are the most competent persons to fill these inferior stations, but to what political party do they belong. This will hold true in relation to all the officers of the government; and it is even becoming true in relation to the election of our judges, as we have seen within the last month. We find that, in these vacant judicial districts, contests are going on, and party conventions are called, for the purpose of electing men to judicial stations. If it he true in relation to these officers, will it not be equally true in relation to the election of this board of education? If the office of a member of this board is to be regarded as anl important one, and the board is to have an influence in the appointment of school officers, the selection of teachers and the management of the university fund, does it not follow that the moment you throw this matter before the people, and leave the election of these officers to them, it will become a partisan question? I think that this will be the inevitable result; and, to my mind, this view of the case presents a strong argument against the system proposed by the majority. The svstem recommended by the minority of the committee proposes that this board shall be chosen in the manner provided by the General Assemebly. If the General Assembly, upon mature consideration, come to the conclusion that this board cannot be safely selected by themselves, they may provide for their election by the people. It does seem to me that the agents of the people, when they meet here in the General Assembly, representing, as they do, all parts of the State, familiar as they must be with the leading men in each district of the State, will be more fully competent, and more likely to make good selections, than will the people in the partisan contests which will be likelyro ensue. I would prefer to leave this question to the Legislature, not because that is my individual choice, but because I think such would be the feeling of the people themselves. I believe the best way to secure appointments for this class of offices, is to leave it to the Governor to make the appointments, and to the Senate to confirm them. I believe, if the responsibility of the selection of these officers is thrown upon your Governor, and that responsibility is divided with the Seniate, and they are to be held accountable for making bad appointments, the effect will be to make them careful in the selection of these officers. The second objection to the majorityr report which presents itself to my mind is thlis: if you1 adopt the provisions they have reported, you will make this board of education an independent branch of the government, and you will change tile character of our government in this respect, 32d Day.j 745 Wednesday] CLARKE, of J. BOARD OF EDUCATION. [F ebruary 25th the expense which will be entailed upon the state by the election of such a board. If you create this fourth department of the government, if you make their dictates the law of the State, if you provide for the publication of their laws as you do for the publication of the laws of the general assembly, you in fact create a second legislature, with all the expenses attendant upon a legislature. They will have their own officers and they will print their own laws; you will in fact create a legislature with all the expenses necessarily incident to such a body, when it would be better for the interests of the state to have annual meetings of the legislature itself. There is no economy in this system. If we are to have a legislature of some kind, either a legislature of the people or a legislature of the school department every year, I prefer to have a legislature of the people, that will have the ability and power to act, not only upon this subject, but upon all subjects which the interests of the people may demand. We will gain nothing if we adopt this system, by having biennial sessions, because we provide for a legislature of' another kind. I come now to notice this proposition for a chancellor. I confess that the idea conta ined in this report upon this subject is not carried out by the views of the gent leman from Des MNoines. I supposed when he used the term "chancellor," that he meant a very different officer from a ministerial officer. I supp ose d it w as his intention to take all questions pertaining to our schools and educational interests out of the hands of the present courts of the state, and to cieate a chancellor of the courts, who should hav se sole jurisdiction of all questions in relation to this departmen t of the gover nment. If tha t is not his idea, it seems to me that the c reation o f this o ffice r is usel ess, because, if no judicial questions are to be submitted to him, he is but a chancellor in name. The very explanation of the gentleman induces me to vote against the proposition for th e creation of this officer. I am rath er incline d to think that it woatld be well to create a c hancellor in fact as well as in name, and I do not think it would be amiss to create a court whose jurisdiction should be confined entirely to the decision of questions pertaining to schools. But why need we determine that question here? Under the system proposed by the minority for the creation of this board, the legislature may provide for such an officer, may create such a court, and if the proper man be placed in that court, I have no doubt it will be for the interest of the State to adopt the system. But it is an experiment for which I am not willing to provide in the constitution. Let us leave all these matters to the law-making power, to the representatives of the people, where they properly belong. If it be true as the gentlemen from Des Moinles has said that the people have been so interested in the subject of common schools and education, that .theyr have pushed the cause along in spite o! so that, instea d of having a goT ernment of but three departments, you will have a government of four departments. The majority rep or t proposes to give to this bosrd full po wer t o make laws upon this particular su bject, leavino to t h e other departments no p ower to repeal them, if it is found that they do not work well, bu t result in injury to the commiunity. I dou bt the p olicy of such a system, for if you adopt it, iand it is fou nd, as may be the case, that the se lection of the members of this board have n ot been of the best characte r, and tha t the board is composed of men of unsound judginent, and who a re not well informed upon this subject, there is no power to which the people can ap pea l to reverse the laws which they have ma de, until a long time shall h av e ela psed. To my mind thi s presents a s trong obje ction to the system here proposed. It is true that our present school system is defective and it is true, also, t hat the General Assembly this winter, and in pr ee i naing sess a ons have not given the subject of education tha t atten tion wh i ch it required. I do not say, as the gen tlem an from Des Mnoine as has said, tha t this wbas the result of indifference upon th is subject. I refer it to another cause, the want of ti me and the great press o f business up on their attention. I think t he neglec t of the legislature in this respect, is not to be attributed to want of in terest in this subject, but to the fact of their sessions being limited to a certain period, and their per diem re. duced if the y should exceed th at time. 1 think if our legislature could meet here, be well paid for their services, an d have ample time in which to do their work, they would act judiciously upthis subject, and would endeavor to perfect a system which would fully meet the wants and wishes of the people. The same objection that the gentleman from Des Moines makes to the legislature acting upon this subject, applies to this board, as this system provides that they shall meet but once a year, aud that the sessions shall be limited to twenty days. It seems to me that a session of twenty days in one year will not afford sufficient time for this board to examine and treat this subject carefully, and to provide against all the contingencies that may arise. I believe that under this system we shall have the same hurry, the same want of examination, and reflection, and all the evils which have hitherto attended action upon this subject in the general assembly. I have no desire to make this board dependent upon the general assembly. If that report is adopted, the duty will devolve upon the general assembly to provide for the creation of this board, and to determine the length of office of its members,and when that is determined and this board is created, they will be as independent under the one system as they can be under the other. But there is still another objection to the system recommended by the majority~ and that is 746 [32d Day. Wednesday] CLARKE, of J. BOARD OF EDUCATION. Wensa]PLER[eray2t essary funds for the appropriations which they have made. Thus these two bodies will come into conflict, and the operations of the b oard will be stopped by the refusal of the gen eral assembly to give them so much of the funds as they will need to carry out their measures. I think if this plan is adopted at all, we will have to give them exclusive charge of the school funds, and I think, too, that this board will be compelled to have the power of enforcing their acts by penalties. It will give them considerable legislative power in that respect, for I think it wll be useles to give them power to make laws with regard to education, without power to enforce penalties for not complying with those laws. I think if we look carefully into the operations of this system, that we will come to the conclusion that it will ultimately result in giv ing them the authority I have named. I do not see that the minority report is much better than the majority report in theft respect. I think it is also contemplated by the minority report to give this board of education legislative power; otherwise I see no necessity of constituting a board of twelve members. It says that they shall have thegeneral charge and con trol of the subject of education in this State. the n eglect of the legislature upon this subject, it s eems to my mitd an argument in favor of l eavi ng this subject in their hands. The principal difference between these two reports is, that the one l:iys down in detail the whole sys tem, an d puts it beyond the power of the people to change it, if it should be found to be inefficient, and not to work well; while the o inther placens it in the hands of the people in their own peculiar department of government, so that they may change or alter it as the necessities of the people may require. I may say here, that throughout the session of this convention, in every vote I have given, I have advocated the principle of giving the largest liberty to the people upon subjects pertaing to the lawmaking power. While I have not gone so far as other gentlemen in holding up to the people every office in the State as a bauble, I have, so far as the question of making laws and the management of their pecuniary interests were concerned, left everything to them. So I am willing to do upon this subject. I believe the people are competent to judge upon these matters, and that they will send such men to the legislature as will put this system in such a shape as will prove beneficial to the people. These are my views for preferring the minority to the majority report. It provides for the same system, that of a board of education, as does the majority report; but it leaves the details to be carried out by the general assembly, which is, I think, the proper department to manage these matters. Mr. PALMER. This roport of the majority of the committee proposes very radical changes in our school system. I am lot sure whether the people are prepared to adopt them or not. I think if the system proposed here be adopted it should be made as perfect rs possible. The gentleman to whom it is acknowledged we are indebted for this report, [Mr. Hall] admits that it is not perfect, and he has expressed a desire that members of the convention shall suggest amendments. I am not sure yet that it may not be so amen ded that I may vote for it, but at present it appeors to present difficulties that are not easily remedied. For instance, we are called upon tc create a distinct legislative branch of the government. I can consider it in no other ligh! than as a legislative branch of the government. It proposes that the board of education shal have legislative control over all school matters. If this control be given to them, then it would be necessary to give them the exclusive charge of the school funds of the State. I believe thal it would be futile to give them the power thai this.report gives them, without also giving ther the charge of the funds. If you do not do thaa you k ring them into conflict with the othex branch of the legislature. This board, then, it to make appropriations of the school funds. O course they Drill have to do it, if they ma) legislate with a view to such appropriations, and the legislature may refuse to give them the nec If we are to confine legislative enactments upon the subject of education to the general assembly, I think that we do not need this numerous body of twelve men, merely as executive officers to carry out the laws enacted by the general assembly upon the subject of education, and to have control over the educational affairs of the State. Executive officers for such a purpose do not need to be so numerous, if they are merely executive and have no legislative functions. The gentleman from Johnson [Mr. Clarke,] objects to the manner of electing this board by the people, as is proposed by the majority report. I think if you constitute a board as numerous as this, their election should be entrusted to the people. I believe if the people are not capable of judging rightly upon this matter, then we better give up our form of government at once, and acknowledge that the people are not capable of self-government. The gentleman in support of his argument says that mere partizans, unqualified for the station, will be elected by people. So far as my observation extends, I think that this objection can be urged with fully as much force to the appointing power. We have all seen the operation of the appointments given to the President of the United States, and we have all heard in large towns, frequent complaints that the selection of postmasters was not given to the people of their respective townships and cities. Men are sometimes recommended to the President for appointment by a few persons, and are accordingly appointed, who are totally unqualified to discharge the duties of the office with which they are to be entrusted, and who are be 32d Day.] 747 Wednesday] PAL'-NIER [February 25th BOARD OF EDUCATION. Wednesday] WILSON. [February p5th sides unpopular with the people whom they are to serve. We know that it is now considered that "to the victor belongs the spoils," and hun dreds of hungry office-seekers, totally disquali fied for the offices they seek, and having no oth er qualification, perhaps, but that of having been active, vigilant partizans, to recommend them for appointments, are among the most ea ger to apply for office, when patronage is about to be dispensed, while those who are the most meritorious, and better qualified than the class I have described for these positions, hold aloof, through modesty from pressing their claims. But if the people are left to judge, they will at least canvass the claims of those who are qualified, and will be likely to elect them. So far as I have noticed legislative appointments, they are almost always confined to partizans. Whatever the politics of the party in power may be, for every man appointed who is not on the same side with the party in the majority, you will see a hundred the other way. Such occurrences as this are much less frequent with the people, for they are more apt to discard partizan feeling in the election of important officers, than the executive and legislative branches of the government. I am aware that some great radical change is needed in our educ ational system. Whether the people will be prepared for it or not, I cannot say; how it will operate, I will not pretend to judge, as yet. If some plan could be devised by this convention, which it would be proper to adopt in our constitution, and which would be acceptable to the people, a better plan than now exists, I would oe willing to support it. MAr. WILSON. I think, with the gentleman from Des Mloines [Mlr. Hall,] that this subject should not be passed over lightly. It is one of the most important subjects that ha s yet be en brough t before the convention, and I am free to admit, after the discussion which has taken place, and after the light which has been thrown upon these reports, bv the gentlemen who have already spoken upon this subject, that this convention cannot, in my opinion, employ its time to better advantage, than in devising some method for the improvement of the schools in this State. What that method shall be, I have not yet determined in my own mind. So far as the motion now pending before the committee is concerned, I certainly feel like supporting it. I cannot, with my present views, give my support to the majority report. There are many things objectionable in it, most of which have been noticed by the gentlemen who have discussed this question. I think one very important objection is that of establishing a fourth department of the government. There is one thing in the majority report which strikes my mind as an unfavorable feature, and that is the necessary clashing that its adoption will bring ~bout between the legislature and the board of education for which it provides. The eighth section of the report of the majority provides, that n Said Board shall have full power and author ity to legislate and make al l n eed f ul r ul es and regulations in relation to common schools and other institutions of learning tha t are instituted to receive aid from the school or univer sit y fund of the State." This is a broad provision an d gives th is board th e power to legislate in relation to everythe in vo g relating to common s chools and othe r education al institutions, except, it may be, the disposal of the school fund. The thirteenth se ctio n of the report provides that " The General Assembly shall e ncourage, by all suitable means, the promotion of in te llectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the Un ited States to this State, for the support of schools, which shall hereafter be sold, or disposed of, and th e five hundred thousand acres of land granted to the new States, under an act of Cong ress, distributing the proceeds of the public lands among the several States of the Union, a pprove d A. D. 1841, and all e states of dece ased per son s wh o may h ave died without leaving a will or he ir, and also such per cent. as may be grant ed by Congress, on the sale of lands in this State, shall be, and remain a perpetual fund, the inter - est of which, toge ther with all rents of the unsold lands, and such other means as the General Assembly may provide, sh all be inviolably app ropriated t o the support of common schools throughout the State." It seems to me that the c o nstruction which these two branches of the government will be likely to place upon this section would bbing about a clashing between the Legislature and t his board immedi ately. How shall we d etermine whe ther the board, un d er the eighth secon avde ther jrstion, have exceeded their urisdiction or not? or how are we to determine whether the General Assembly, under the first provision of the thirteenth section, have exceeded their jurisdiction or not? We are to determine that according to this majority report by the chancellor, as provided for in the ninth section, which reads as follows: "' Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules and regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court." If the board of education shall go on and exercise the power which they may claim under the eighth section of the report, and the General Assembly shall also go on under the thirteenth section, and exercise the same powers that the board of education have taken upon themselves, we then have these two departmnents of the State brought into conflict. All decisions in relation to acts which may be passed by the board of education must be passed upon by the chancellor; and all questions growing out of 148 i [32d Day. Weduesday] WILSON. [February 25th BOARD OF EDUCATION. Wednesday] WILSON. [February p~~~~~~~~~~~~~~~th laws which are enacted by the Legislature under the thirteenth section must be determined by the courts of the State. The courts of the State may determine these quastions one way, and the chancellor may determine them another; and hence you will have a clashing between the decision of the chancellor and the courts of the State. It seems to me that such a state of things will inevitably produce confusion; and, to my mind, it presents an unanswerable objection to this report. General Asse mbly, under the t hirte enth section. How would the chan cellor be mos t likely to decide? We must suppose that a c hancellor appointed by this Board will b e subject to all the infirmit ies of human nature; that he will be most likely to lean towards his own friend s, and if any partiality is shown at all, his decision will be in favor of th e power that created him, and gave him life and jurisdiction. It is true that an appeal is provided to the Supreme Court, but in that instance you have your remedy for carrying the matter to the highest tribunal of the State,r only at the e nd o f the litigation, so that in this r espect the system is highly objectionable. The gentleman from Des Moines complains of the last legislature, and of prior legislatures of this State, that they have not given sufficient time to the investigation of the common schools of this State; that they have not bestowed sufficient time upon the school laws of this State. I know very well that the last legislature had the disposition to remedy the defects in the school laws, but they were not able to do it. And why?- Because, under the old system, so much corruption had crept into the system, that the time of the legislature was taken up in ferreting it out; and they were unable, therefore, to bestow the time that they otherwise would have done upon the general school laws. It was not the want of disposition on their part to remedy the defects that existed in the system, but because they had not absolutely the time to do it. I am in favor of abolishing the office of superintendent of public instruction. I believe that the common schools of this State will be benefited by the abolition of this office, and the establishment of a Board of Education; and I believe it for this reason. Take the past history of this State, or of any other State, where they have had this office of Superintendent of Public Instruction, and it will be found that no one man can attend to the duties devolving upon that office; that no one man can bestow a sufficient amount of time and care upon it, in order to discharge its duties in a manner that will redound to the benefit of the State, and the interests of the schools at large. If we abolish this office, and establish a Board of Education, we can have men elected in different portions of the State, under whose control and supervision the school system of the State will be placed; we can thus bring sentiment to bear directly upon the counsels of the Board in such a manner as will lead to a better system for common schools in the State, than we can possibly have under the old system of Superintendent of Public Instruction. For these reasons I am in favor of abolishing that office, and establishing this Board of Education, but I cannot go to the length of establishing such a system as that provided in the majority report. I am opposed to giving legislative powers to this Bo0ard of Education, for the reason that I Another objection which I have to the adoption of the system proposed bv the majority report is this: We have retained, in the article upon the legislative department, in this Constitution, the veto powerover all acts passed by the General Assembly, which can only be overcome by a two-thirds vote of both branches. This report severs the board of education from that power entirely, and no act of this board, no matter how it may come in conflict with the interests of the people, no matter what hardships may grow out of it, can ever be reached by the veto power which we have retained in the Constitution, and which was supported so strenuously by so many members of the Convention. No matter how obnoxious the law may be, it must go to the people as the law of the State. If unconstitutional, or if it has been passed hastily, it cannot be arrested by the exercise of the veto power. Having gone to the people, although it may clash with their interests, although it may retard the growth and development of our common schools, although it may be objectionable in every feature, the people of the State, under this provision of the majority report, have no remedy whatever. If a question should spring up in school districts most remote from the place where this chancellor shall reside and, hold his court, no matter how insignificant that question may be, the parties interested can only have a remedy by appeal to the chancellor. In a majority of cases growing out of school laws, that would be an effectual bar against any remedy. Persons will, therefore, be compelled to endure all the difficulties which may spring out of the laws passed by the board of education rather than go to the expense and trouble and submit to the loss of time, which will be incident to an appeal to the chancellor, who alone can decide these questions. Such a system as this will close the door effectually against a majority of the people of this State, having a settlement of questions relating to school matters; and, instead of bringing the school system home to the people, instead of giving them control over it, it will'effectually remove it from them. Another objection which I have to this system is this. This chancellor depends upon the Board of Education for his official existence, for the Board are to appoint him and give him his power s. I ask whether there is not a tem ptation placed in the way of this chancellor. Suppose a conflict should come up in relation to a law passed by the Board of Education under the eighth section, and another passed by the 95 I I 32d Day.-jl 749 Wedncsday] WILSON. [February 25th BOARD OF EDUCATION. Wednesday,] WILi -ligence of the people is the great bulwark to ethe stability and permanency of our institu-tions, and looking upon it in that light, it is our duty, our absolute and imperative duty, to pros vide the best method and the best means for t carrying into effect the common school system . of the state, In determining which is the most 1 practicable method of arriving at this result, I cannotview the question in the same light in which the gentleman from Des Moines views it. I give him credit for sincerity and honesty in the views he has submitted in his report, for I think , he has the best interests of the educational de partment of this state at heart. I believe he is acting fairly, honestly, and zealously in this be half; but I mustbe compelled to differ with him in relation to the scheme which he has present ed. He has presented some strong arguments in favor of his report, but none of them have been sufficientto overcome the objections which I have to the system proposed by him. I shall, therefore, support the motion made by the gen tleman from Lee, [Mr. Johnston.] Mr. HALL. If the committee will indulge me, perhaps I shall be able to answer all the objections that gentlemen have urged against this majority report. I wish to reiterate what I said at the beginning of this discussion, that I did not suppose that the details of the system which this majority report presents, were per fect or beyond criticism. I again call upon gen tlemen of the convention to adopt the principle which it contains, and aid me with their judg ment, experience and ability in perfecting the system which the majority report proposes for your adoption. When I say this, I have answer ed four out of every five objections that have been urged against it. The main and the primary objection, and one which I have already endeavored to answer, to the system proposed by the majority report is, that it sets up a fourth branch of the govern ment. It does no such thing; it does not take or profess to take from the general assembly any legislative authority over this subject of schools. If gditlemen wish to guard this mat ter more definitely than it is guarded in th is re port, let them re-assert the power of the legis lature, which is already asserted in the consti tution. This report only gives to this board the same power in the common school inter ests of the state which you give to the corpora tions of cities, when they are incorporated under your laws. Our cities have legislative powers. They designate and punish crimes by fines and imprisonment; they pass laws for the regulation of their internal police, and for all matters that pertain to the government of a city. They are a power within a power. There is a necessity for the exercise of these powers on their part. You cannot make a general law for cities which will answer the wants of the whole state; and hence you confer upon the citizens of each city legislative power made effective through a common council. In every depart ment of life where there is an every day neces consider it would be setting a dangerous prec~ dent. I can Fee no reason for giving thee powers to this Board, which would not also at ply to any other department of the State gov eram ent. The gent leman from De s Moines say that he wishes to keep this department of th government free from any other departmen! Keep it independent, he says, and it will ads dignity, character, and effect to its decisions Let me ask the gentleman, whether the sam argument will not apply in relation to the Exec utive Department of the Government. Suppos~ that you confer upon the Governor, Auditor Secretary of State, or any other officer of State powers to make all needful rules and regula tions requisite to carry on the Executive De partment of the Government; is not the argu ment just as strong? Sever that department from the Legislative Department and you would give it character and importance in the same degree that you would to this Board of Education. Apply the same rule in relation to the Legislative Department. Sever that entirely from the other departments, and let no other .department have any control over it. Take the Judicial department. We have had arguments here in favor of preserving the dignity and independence of that body; and gentlemen have contended that their salaries should be fixed in the constitution, and not be dependent upon the action of the Legislature. Very well; why not confer upon the Judicial Department of the State the power to make all necessary rules and regulations for' carrying ~'nto effect the Judicial system of the State, and thereby increase the dignity and importance of that branch of the government? If the argument is good in one case; it is good in another. The gentleman from Des Moines also remarked, that in proportion to the power and permanency you give an officer, in like proportion you give him character and efficiency. It seems to me that argument would operate against our republican form of government. If that be the case a monarchy has more power and permanencythan a republic. A monarch has more power and permen y anency, and according to this argument more character and efficiency than a President or a Governor. The argument goes too far and falls of its own weight. It seems to me that there are questions growing out of this report, which ought to be carefully considered and investigated by this body, for upon this report, in my opinion, depends the very welfare and interest of the common schools of this state. I am satisfied that no member can be more impressed with the importance of protecting the educational interests of the state than I am. I am satisfied that all the members of this convention feel a deep interest in this subject, and none more so than the gentleman from Des Moines, [Nir. Hall.] We must all feel deep. ly upon this subject, for we all know that upon the intelligence of the masses depend the perpetuity of our government and the safety of our institutions. We know that after all the intel-m 750 r32d Day. Wediiesday] HALL. [February 25th this Board of Education Let me say to the gentleman, that to the people, peculiarly, should the interests of common schools be confided; for interest in this subject begins in the family, and the cause of education is especially dear to all parents and guardians. The nearer you can bring it home to them, and the farther you can remove it from the arena of political broils and contentions, the better will it be for the prosperity of the State, and the good of the people. Let us take it away from the halls of legislation, where, for the last ten years, they have given it so little consideration, and where we have had nothing but changing and clashing laws upon this subject. It is for this that I am so earnestly contending here, and I believe sincerely, that such a system as th e majori ty have recommended, would meet with the support of the people. Gentlemen say that this takes the school system out of the hands of the people. Sir, it gives it into the hands of the people. It gives strength to the heart of the man who has children to educate, for he feels that he is not dependent upon a legislature who have been elected and come together to represent party feeling in the most intense form in which it is ever found to exist in legislative bodies. He feels that he has a home to go to; a tribunal where none of these considerations occupy their attention. Is my argument a reproach to the General Assembly of this State? If it is, it is not because I use it. It is because the record convicts them. It is because the history tells it. It is because their own journal proves it. I wish gentlemen to understand this; and if they are disposed to sever this system from the legislative department of the State; if they are disposed to let it stand by itself; if they are disposed to let those interested in the subject look around and select a tribunal to which this subject shall go, so as not to mix it up with the ten thousand other things that pertain to the social system, let them act with me and sustain this report. If they are not satisfied with its details, let it be amended. sity for the exercise of th ese powers, the y have b een granted b y the legislature or by constitutuional aut hority; and the power of exercising these rights and controlling these matters is just the samne, w hether it c omes through the legislatture or tt he constitution. The questio n is whether the power here asked shall be conferred upon this board by constitutional provision, or whether it shall b e left to legislative enactment; w hether p ow er, c haracter and influence shall be given to this boardbythi l o the primary law of the state or whether it shall be composed of officers who sheall be mere autom atons, mer e machines to carry out the will of the legislature, as it may be express ed whenever they may me et. If gentlemen will look to t he jour n als of th e Legislature, for the las t te n y ears, the y will find that h aat body has not spent thirty hour s in the consideration of common schools; a subject in w hich so larg e a maj ority of our citizens take so deep an in te re st. We have had the experi en ce of t en years of the Legislature upon th is subject-a body wit wwhic h gentlemen are so deeply in love, and in which they have so great confidence, and to which they say we would do so much better to entrust the interests of common scho ols. And what has it done with in these ten years to advance the educational interests of the State? In considering this matter a nd refle cting upon it, I desire to go back to the old law s u po n this subject, see the evils resulting from them, and devise a suitable remedy therefor, if possible. I have found the old laws deficient in every particular; I have found that in all the legislation i upon this subject, there has been one continual clashing and changing. When the code was made, they patched and patched up the laws upon this subject in such a manner when they undertook to modify them, that they are almost inexplicable, and worse than no laws at all. I find that with ten years experience of legislation, the subject of education has been neglected more than any other matter which has been presented to the notice of the General Assembly. The gentleman from Davis (r. Palmer] says that we shall have to give the Board of Education the control of the funds. I never knew that gentleman so completely mistaken. This system co mpels the legislature to divide the State into six teen e ducational districts, among which the money is to be dis tributed in proportion to the number of unmarried youths between the ages of five and twenty-one years. This is to be an equal distribution, and is made the duty of the legislature. The Board of Education provide the schools; they furnish the consideration for the money; they decide when the money shall be paid, and paid because it has been earned, and they superintend the establishment of the schools. This is made their duty. There can only be danger if we pre-suppose that the legislature will trample upon the constitution, and that the Educational Board will also trample upon the constitution. The I am, therefore, in view of these considerations, in favor of taking this matter entirely out of the power of the Legislature, and putting it into the hands of another body, who will better represent the interests of the people. I am for putting it into the hands of a body that shall have no control over the funds, and which cannot possibly be influenced by party considerations. Such a body as I propose, will be uninflenced by partizan feelings and considerations, and their whole and undivided attention will be given to the benefit and improvement of the educational interests of the State. Now, gentlemen beg the question, when they undertake to say that these persons who are elected by the people for this specific purpose, are going to make laws which will come in conflict with the action of the General Assembly. One gentleman says here, that the people are not the proper persons to appoint the officers of 32d Day.] BOARD OF EDUCATION. 751 BOARD OF EDUCATION. Vednesday] IIALL. [February p5th argument amounts to nothing, because it is presuming crime-a presumption which is not allowable here. The different departments are completely severed. As I said on yesterday, if this Board of Education should go to any extraordinary length; if they should undertake to become pirates, of which I have not the least apprehension in the world, the legislature, as will be seen by a clause in that report, remains supreme and can control them. They have the veto power, and they can use it. But I have no idea that there will be one instance of that in ten years. You would not find any conflict, because they are all members of the same great family-all members of society; and there is a deep and abiding feeling in favor of institutions of learning which all will be willing to corroborate. But all cannot stop to think-all cannot stop to reason. stitution of th e State whi ch t he y are all sworn to obey before they ente r upon the dut i es of their office? It strikes me that there i s no argument in this; n one at all. This report is too definite, it give s t he matter too much shape, too much hvitality, to per mi t it. And that is ano ther great objection to the report. Gentlemen look at it, stare at i t, as if the y had never seen such a th in g before. The idea of such a s ch ool system, of a departrment specially formed to f urnish the primar y rules of govern ment, a department devoted s ingly to t ha t particular interest, is new in this State. I know this is new; and I do not advocate th i s in the report without the most careful consideration. Let me tel l gentlemen that if they will do as I have done, I think they will modi fy their views. In my early life I was for years engaged in teachin g. The lit tle e duca tion that I have, was acquired while teaching in common schools, when I went from house to house to board out, according to the proportion of the scholars sent, three days in one place, five days in another, a week in another, and so on. For years I followed that business, supporting myself and educating myself by that process. I have not forgotten the minutiae or the workings of that system. They are fresh in my mind, as it were of yesterday. Since I have been aware that I was to be a member of this convention, and that it would. be my duty here to consider this subject, I have talked with a hundred men in this State, the most intelligent among our farmers, and I have inquired of them their difficulties and troubles in relation to the school system, where they wanted aid, where they wanted a remedy; and they have told me honestly and truthfully. They are the men who have provided me with my arguments. They have had experience in the practical workings of our system. They have been trying to make it succeed; and they find that the constant changes in the law, and the want of attention to the law, clog them and have been a barrier to them in some instances, so that the system has done them more injury than good. Th~s, they have told me, is the practical effect of our present system of school districts. I have talked with many of these men, and while I have been here I have never lost an opportunity of conversing with every man I could find with any intelligence upon this subject. I have obtained my experience from the fountain-head, from the father, from the guardian, from those trying and anxious to make the system succeed, who have struggled along for ten years with this systemn, who have had families to educate, and have only been able to rely upon this common school system to educate them. I must ask a little favor, and a little charity,' of our bachelor friends who have no children to educate. We must look to those who are striving to educate their children, and allow full weight to their testimony and their experience. I hope we shall in this constitution turn this over to a tribunal as pure as it can be made; In regard to this Chancellor, it is a matter of no consequence to me whether that office is there or not. I am not arguing to sustain it, except as a matter of convenience. We have had the office ever since we have been a State. Every State in the Union which has adopted any school system at all, has that office, under some name or other. We shall probably have the office in some shape or form. I find that the commissioners of the county perform the duty, for instance, in one State, the superintendent of public instruction in another. In New York the secretary of state, or deputy of the secretary of state is the chancellor, and has exercised that power ever since my recollection. There is no inconvenience connected with the office in other States. The principle exists everywhere. You cannot go anywhere, without finding that these little questions of the dividing up of small districts, the positions of the school-houses, and a thousand and one other little questions, would not endanger the harmonizing operation of the school system, and produce injurious effects, moral and social, if no remedy were provided. Tlese questions will constantly arise, and we need a quiet silent way of settling them, without submitting them to the arbitration of the courts; ministerial, if you please, for most of these things, become ministerial, not involving judicial questions, and may be settled silently without producing the disturbing elements which judicial decisions always produce. I hope gentlemen are satisfied in regard to the legislature refusing to give the School Board the whole of the procee ds to be dev ote d to education. The article provides that they shall be distributed, and if the legislature violate the constitution, is that an argument to show that we should not have a constitution? The argument destroys itself; it annihilates itself. Because the Board may violate the constitution, are we then free to conclude that we should not have a constitution? Would they violate it any the less, if their duties were assigned in the form of law? Would a law, coming from the legislative department, have more influence with the Board, than a provision in the con i'52 [32d Day. [February 25th Wednesday] IEIALL. BOARD OF EDUCATION. Wednc8day,] IIALL. EFebruary 5 tli even if it should come from the muddy mire of politics, it will yet be as pure as we can find. If we can only get the Board from that muddy pool, it is no objection at all; for we shall not take them indiscriminately, but select the purest we can find. And there is not a gentleman here who would deny that if we were to take twelve or eighteen members of the legislature, drawn by lot, they would devise a better system, and the schools would be better controlled, better organized, and more efficient, than if the subject were to be left to the whole legislature, to takeits place with a multitude of others claiming prior attention, and thus to be neglected while members are attending to other duties. And ifgentlemen will concede this, as I am sure they will, why should they stand here fearful lest in turning this matter over to stand by itself, appealing to the benevolence as well as the justice of the people, you are about to destroy it? Why should they suppose that it has within it the seeds of disorganization and decay? If its success and prosperity do not reside in the hearts of persons interested, in the fathers and mothers and guardians of the country, where will you find them? Cannot these persons select? Are they not sufficiently interested to make a proper selection? Does all the patriotism in our State linger in the hearts of the members of our legislature? It would seem so. It would seem that gentlemen are very much alarmed lest this matter should be left to the man who educates his children, lest it should be left to the heads of famlilies. They are afraid there will be too much form. They are afraid that we shall give this system, when it comes into existence, life and vitality, power to regulate, power to perform, strength and chara cter. This is w hat they are afraid of. One word with regard to the m ino rity report, although, perhaps, I said enough upon that yes t erday. The minority rep ort is meand ingless. It has no efficiency. When the people ask for bread it gives them but a stone. It has no vi t ality. It has no character. It is n oth ing but an automaton. It is a man of straw. It is just like what w ae have always had; and that is the reason given why we should adopt it. You can not make our present system worse. If you go out of the frying pan into the fire, your c,n dition is n o w orse by the change. That is no argument at all. Are you afr a id? Are yo u apprehe ns ive? Of what'! Becaus e you give character, stability, strength, in dependenc e to the system? Because you call for effort s of mind? Because you hold men responsible for something? I hope thi s convent ion will not adjourn untli they create a school department. Are they afraid to give it that dignity, les t i t should overwhelm the legislature, th e executive, and judiciary departments, and o ve r-ride the m all? And what if it could exercise a control - ling influence over them? Depend upon it that they are all but the childr en th e offspring of this great principle for which I contend. Without it, th ey ca nnot long be what you are trying to make them. Do n ot be al armed le st yo u should make this common school system a great monopoly. Do not be alarmed lest it should become a despot, and you should see the hand of the tyran t in thi s matter. If you can give efficiency to the common school system; if you can put the book into the hands of the child, and teach him to read and to write, and give to him the rudiments of learning, if you can inoculate him with a true love of science and virtue, and if that is to bring tyrants here, I do not care how thick or how fast they come. It will be the tyranny of reason, the tyranny of intellect, the tyranny of morality. It will be a tyranny that will make every virtue to abound, which can adorn society. This will never endanger our liberties. You cannot, by holding out to the child the lose of' knowledge, make him the friend of despotism. You cannot, by giving efficiency to that which brings education and intelligence into the land, nurse the viper of tyranny or despotism. Now I wish to urge it upon gentlemen here to think upon this subject, to look at it. I do not care how much time you take for deliberation, for they will feel conscious that this matter is right, that this plan is the best we can adopt, and the only one we can adopt, which will give 32d Day] 753 Wednesday,] HALL. [February 25tljL dignity, character and stability to the institiitions, we all profess to admire and desire to cherish. I have reflected much upon this subject. I know that I am far beneath what I ought to be. I know that my views have not had culture enough; but still I think I have investigated the subject more than some gentlemen here. I hope gentlemen will not strike this out without consideration. I hope they will not be satisfied with merely finding fault, without proposing any amendment to remedy the fault. If you put a man into the position of a mere copyist; if you make him a mere automaton, a more follower, you shut out the lights of his intellect; you crush the power to rise, you tear asunder all the inducements to ambition. You make of him a mere nothing. And yet you expect this common school system to flourish. I would give to those who superintend the schools enough to employ their intellect. I would give them encouragement to info,-ni themselves upon the subject. I would hold them responsible, intellectually, for what they have done. When you find men wakin, up to that responsibility, to feel an interest, and to know that their reputation depends upon the course they pursue, you will see the result. If you will only give these men something to make a reputation out of, you Nvill find that,imbition is not an antidote to liberty, but one of its incentives; and when combined with virtue, with that as a polar star, we have nothing to fear. Perhaps I have occupied more time than I should; but I repeat a.gain that I ask the conve.-ition to consider most thoroughly all the principles contained in this report, which is to give independence to the -chool interest, which 73 OR FEDCT.[2 Da. ~~Ved~~~e sday] WILSON-PALMER-4JALL, f~~~~~~~~~~~~~~ebruary ~~~~5 tIL~~ " The money subject to the supportand maintenance of common schools shall be distributed to the districts in proportion to the number of unmarried youth, between the ages of five and twenty-one years." I had read that, but it does not say under whose control it shall be. Mr. HALL. That is in the sixteenth section. Mr. PALMER. The sixteenth section provides: "The financial agents of the school funds shall be the same that by law receive and control the State and county revenue for other civil purposes." What I suggested was, that either the Legislature or the board of education would have to be entrusted with the control of the fund after all. The funds are distributed. What officers are entitled to draw it? and what penalties are affixed in case of a refusal to do their duty? I suppose it is contemplated that the county treasurers shall have the fund due to their respective counties; but then there is some provision to be made as to what officers shall be entitled to draw from the county treasurer. This sixteenth section merely provides that the General Assembly shall distribute the money, or that it shall be distributed under laws enacted by the General Assembly. I should have no objection to giving the control of these funds to the board of education; but they should provide rules for the distribution of the fund in the different counties and among the different districts. I do not urge this as an objection against the report absolutely, but only as a difficulty not provided for in the details of the report, and as a difficulty that may embarass legislation, the article being so indefinite. Mr. HALL. I leave, by the first section, the legislative department undisturbed. I do not wish, as I have said before, to go into any argument upon a mere matter of criticism. If this is not as I explain it, let us make it so, That is easily done. It is the principle which I contend for. There is no conflict between this report and the legislative department. If the legislature should choose to assert its power to revoke, they would have the same authority that they have over a city charter. This becomes a charter. The eighth section prescribes every f power that the board shall have. It says: "Said board shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools and other institutions of learning that are instituted to receive aid from the school or university funds of the State." The whole power in regard to the free schools themselves. That is what I intended, and I think that is the fair construction of the section. Criticism mayr find faults but criticisms merely findling fault with the form, can always be -made. The sections already quoted show that the financial agents are in this civil department entirely, that the wrhole business is transacted through is to sever and divorce it from that great politi cal cauldron which forever boils and bubbels throughlout the State. Let it have a chance to breathe, where it may not inhale the festering atmosphere of political excitement. Give it a chance to rise, without being clogged by inat tention, as it has been heretofore. That is what I ask, and expect the convention to do. Mr. WILSON. I may not be able to understand the argument of the gentleman. Certainly I have no disposition to misunderstand it, But he tells us that the Legislature is still to have full power to legislate upon the school systern of the State. That is one thing I cannot understand. I cannot understand how it is that the power conferred by the eight h section of the ma,ajority re port, upon th e board of education, is to have any effect, if still the General Assembly of the State retain the power to leg isla te in rel ation t o t he subject. The provision that the gentleman ha s incorpor ated int o that section is, almost the identical provision incor porated in the Constitution of the U n i te d States in relation to the territories, and which has be en the occasion of so many conflictin g opinion s i n this country. It provi des that the board of educatio n s hall have power and authority to legislate and make all needful rules and regulations in relation to common schools and other institutions of learning. W a es hat doesani that mean, if the General Assembly is to have the power to legislate for the schools them the State? What doe s " said board shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools and o ther institutions of learning,' mean, if it does not mean that upon this board of education the Constitution w ill confer legislative jurisdic tion? I cannotunderstand it in any other light. If that be the case, and if that power is to be retained in the hands of the General Assembly, I ask whether the argument which the gentleman presents against retaining that power does not refute his argument in favor of this report. He t ell s us that the General Assembly of the State, since the organization of the State government, have not spent thirty hours in legislating for the schools of the State. I think the gentleman is mistaken; but suppose that to be the case. In his explanation of the report, I understand him to say that this very General Assembly which has been so derelict in the performance of its duty, which has refused to spend more than thirty hours, within the history of the State, on the school system of the State, is still to retain the legislative jurisdiction in relation to those schools. I cannot make these arguments harmonize. I wish to understand the gentleman in relation to them. I do not make these remarks by way of complaint, but simply to gain information, that I mlay understand his argument in favor of the report of which he has probably been the originator. M~r. PALMIER. The gentleman from Des Moines, [Mfr. Hall,] says that I have overlooked a provision of this report. I see that the seventeenth section provides: 734 BOARD OF EDUCATION. [32d Day. Wednesday) WILSON-PALMER —HALL, (February 1-5th BOARD OF EDUCATION. Vedaesday] SKIFF. [February 5th the civil department of the government; and the seventh section provides: "All rules and regulations made by the Board shall be published and distributed to the several counties, townships, and such school districts as may be provided for by said Board, and when so passed, published and distributed, they shall the force and effect of law." The school system is formed by this board, which is responsible for the proper use of the fund when it is provided. The civil'department holds the funds, and the persons who have earned it, draw it. There seems to me to be no want of harmony. It is as perfect as machinery can be made, as it strikes me. I hope gentlemen will vote for the principle. I have no doubt that amendments can be made, and I invite amendment; for I have no doubt that a great many salutary provisions have been overlooked. I do not present the system as absolutely perfect, but merely as perfect as I have been able to make it, and I do think that the main proposition of this repor t should be preserved. MIr. SKIFF. There has not been a subject presented to the convention during the session upon which I have felt so unprepared to act as this, because I do not think any subject has been presented of as much importance as this. An innovation is proposed by this majority report, a very great innovation, upon our previous school system in this State, or rather our want of system, because heretofore we have not had any system at all, and here is a system proposed. are now unsystematized; there is no system about them. No plan has ever been adopted in relation to them. While AIr. Benton held the office of superintendent he proposed a plan; but it was never really carried into effect; and now the want of system is very lamentable indeed. There is no regular system of books in the different schools of the State. Every district, and every school, has just such books as the scholars choose to bring, from the most antiquated books, those that our grandfathers used to study, down to the most modern and improved school books. I think the board of education would make a uniform system in relation to schoolbooks. I understand that to be proposed; and that is a desideratum which we all should desire to have afforded at once. Unless a uniformity in school books can be secured the school cannot be made profitable. I can appreciate the gentleman's zeal very much, because I have been a school teacher myself in my former days; and I know that when I have been in a community where there was no interest taken in the school, it was very difficult for me to get up an interest myself. If there should be a board of education, as proposed in the majority report, it is reasonable to presume that it will be such a board as is contemplated in the report, and in the gentleman's speeches; and I am v ery confident tha t by the establishment of such a board the int erests of the common schools of this state will be greatly advanced, and that the great educational interests of the people in the higher departments, the college and the university, will not be overlooked. But the college and the university are of far less importance than the commcn school. It is that which has more graduates than any other. It is the children of the people who are taught in the common school, and it is they who go on finally, in many cases, to become members of the college and the university. But the education of the common school is the education given in the early years of life, those years in -which we learn the most, those years in which we imbibe notions of more consequence to us, for good or evil, than all we learn in after years. Hence, I am inclined, as I have said, to the opinion that we cannot do better than to support the system proposed in the majority report. I have vascillated somewhat from one side to the other during this discussion, I will admit; but upon comparing the two reports, and I ask every member of the convention to compare them, I have concluded that the majority report is preferable. If there is any improvement that can be made in it, the convention will undoubtedl y be willing to a d opt i t. I am very glad to get out of the party strife in which we have been for a few days past.:For one, I can say, if the convention were to consume a week in deliberation upon this subject, I should not at all begrudge the time. I think we are now in a channel which will enable us to do some good to the State, and to acquire I hav e l o oked it ove r with c onsiderable c are and att ention, and hav e li s tened with a great de al of i nte rest to theremarks which have been made here; and I have noticed that the convention have also. I am satisfied that the conven - tion are very deeply interested in this subject, and if they do not concu r in one of these reports, either majorit y or the minority, it will be from t he fea r t hat they are about to adopt some thing that may prove injurious. For my own part, I believe that I have settled down rather in favor of the majority report. I think it is more systematic than the minority report, and will work better in its practical operations. I have not made up my mind in relation to all the details, but as a system, I like it better. The plan proposed by the gentleman frem Cedar [Air. Gower] in relation to the school fund, is a little more in detail than this report, although, as I understand it, it amounts to about the same. The sixteenth section provides: " The financial agents of the school fund shall be the same, that by law receive and control the State and county revenue for other civil purposes." That is about the same as the gentleman from Cedar proposes. So I do not consider his amendment as affecting the report in any respect at all. The district schools of the State 32d Day.] 755 SKIFF. Wednesday] [February 25th BOARD OF EDUCATION. Wednesday] MARVIN. [February 5 th some credit for ourselves. I said yesterday that I did not want this subject acted upon rashly or unadvisedly; and if other gentlemen are not now prepared to act upon it, I should be willing to vote that the committee rise and ask leave to sit again. For my own part, believing the general features of the majority report to be correct, I am prepared to vote. Mr. MARVIN. I feel disposed to make a few remarks upon the subject before the committee, not because I feel competent to instruct the committee, nor because I can give any light, but because I feel a great deal of interest in this question. I need not repeat the remarks that have been made in relation to the importance of the subject. When I say to the convention that I am a father; that I have been a guardian, and that for many years I have had th is subject near to me, that I am connected with those to whom I am bound by the laws of nature and every principle of humanity, to look to their future welfare, and that I have had that welfare in view, it will explain why I have taken so deep an interest directly in the subject of education. I have all through life, and since I have been a father, and since I have been a guardian, found fault with our school systems. The different states in which I have lived have not been up to what they should be. I came here with that feeling, though I did not anticipate that any further responsibility would be placed upon me in relation to the subject than rested upon every member of the convention. Had the billwhich was before the legislature been passed, with some few amendments, I believe that to a certain extent it would have met the wants of the community. But it did not. When I was placed upon this committee, I was pleased to find one at least upon the committee who felt more interest, if possibleathan I did, in this matter, or who had at least turned his attenition more particularly into that channel; and I refer to the honorable member to whom we attribute this report, [Mr. Hall.] He had given it his almost undivided attention for a long time. He had to a certain extent matured the plan now before the house. The committee will admit at once that the plan has originated almost entirely with him. Finding that his mind had been drawn to the subject, feeling our wants and necessities, feeling the absolute inefficiency of the present system, I rejoiced that he had so nearly matured a system which he was ready to recommend for our adoption. If we had supposed that we should have had so long a time b efore the subject had been acted upon, we might perhaps have given it more attention, and made it even better than it now is. At the time I believed it to be the best we could adopt, and I am now not very far from the same feeling. I will admit that upon more ma~ture refigction, I think I can see places where we might perhaps amend it. But sir, the fact that this is new, and is now proposed to be placed in so important and so permanent a condit ion, is to me no objection. We have seen the vacillations of the legislature; it can vie with other states in that; and this vacillation is destruction always to the best interests of schools. I am f ully convinced that several members do not fully comprehe nd the powe r con ferred upon the board of education in th e e ighth section. That section is in these words; " Said Board shall have full power and author ity to legislate and make all needful rules and regulations in relat io n to com mon schools and other institutions of learning that are in stitute d to receive ai d fro m the school or univer sity fund of the state." I think that section seven of the statutes of Ohio upon this subject by the board of direct ors in each district shall have power almost equal to those asked for here. They have power to make such rules and regulations for the government and management of the schools ir the townships as they shall see fit. The language does not amount to much; that may be waived. The object is to have a uniform and harmonious plan all through our common school system, and all other educational sys tems in the state. The section contemplates that rules and regulations for the government and managemen ofthe schools shall be adopted; that text books shall be selected and established; that the best modes for the government of the scholars shall be recommended; and that whatever you establish in Dubuque, shall also be established in the most distant parts of the west of our state; that a teacher who has commenced his business of teaching in Clayton county, may go to the extreme south-west of the state and find no change in relationto the system in which he is engaged. He shall there find the same text-books; he shall there find the same rules regulating the scholars; and he is perfectly prepared to enter at once upon his duties. If we can once adopt that, we shall stand eminently ahead of the other states. In traveling a few years ago in different parts of Ohio, I had on opportunity to visit several schools, and I did so, having no other business which particularly called my attention. I was not then engaged in teaching, but had I been teaching upon the Reserve at that time, and then gone into that section of the state to teach school, I might well have imagined that I was out of the state of Ohio. I should hav e been thrown back at least thirty years, as to the studies, the management of the scholars, in almost every particular. Their books were those I had learned from when a little child; and the whole system was so much better than to which I had been accustomed, that I could not have adapted myself to thus teaching them for a long while. Such was the want of uniformity in the different parts of the state of Ohio. And I apprehend that the diversity is as great in this .state. Go into some schools and you would almost fancy yourself in New-York or New:Eng]and; everything is in order; clean books and 756 [32d Day Wednesday] MARVIN. [February 25tlx I BOARD OF EDUCATION. text-books are of the proper stamp, the rules of recommendations as they shall see fit. They government arnd for the regulation of the schol- should be empowered to lecture in the county ars are all correct. But traveling half a day, seats, and other localities, where there is an you will fancy yourself in Egypt or in some interest in this matter; to attend the meetings dark corner of the earth. Everything is out of of associations that may be formed by teachers, joint. The proposition of the eighth section, I to establish teachers' institutes, and to give understand to be to make a system that shall be efficiency to them. There is nothing I can uniform. I need not have dwelt so long upon think of, in looking back upon these things, bet that section; but I am convinced that many ter calculated to call forth the universal interest have misapprehended its force, and for this of the community than a teachers' institute, if reason I have made these remarks upon it. you can have an able man there to impress the It is proposed in the eighteenth section to ap- mind with important ideas connected with the point a chancellor: institutions of the State. But I know that these " Said Board may appoint a Chancellor, wh, things are more properly the details of legisla shall have jurisdiction over all questions that tive action than subjects for introduction into a may arise under the laws, rules and regulations constitution. But if this is to be adopted, I maof the Board, and f rom all decisions and jud would entrust the Board with more powers, and of the Board, and from all decisions and judg-moedte,tnarhrecnerduo meats of said Chancellor, an appeal may bemore dtie, than ar here conferred upon taken to the Supreme Court." them. Now, sir, I do not know what will be the fall I had not intended to speak upon this subject; extent of the powers of that Chancellor. But but there seemed to be a dullness in the minds who of us, who have for years felt an interest in of members of the convention in relation to this this subject of education, has not seen the la- subject, which I was sorry to see, even in the mentable consequences which townships and opposition to the report. If gentlemen opposed menabl coseqencs wichtownships ato? this system will only come forward with aL communities have been thrown into by some to thi system will only come forward wit little question raised in a school district? An warm opposition, it may kindle a fire in favor o obstinate man in that district, perhaps, refusing it, and do much good. I am not afraid of con t o pa y so me little tax, or to submit to some lit- suming the day upon it. It demands our at tle regulation, has created a difficulty. I have tention. Our constituents will be rejoiced to tie regulation, ha rae ifcly ae learn that we have spent one day at least upon now in my eye the township from which I came. learn that we have spent one day at lea upon A little affair, perhaps, of very small conse- the subject of education. I ask members upon quenc tte at the commencement, was carried on both sides thoroughly to investigate the subject. quience ath,cnm,neet,wscriedo aving been further enlightened as to the rea fiom year to year, from court to court, from the Having been further enlightened a to the rea justice of the peace to the county court, &c., and sons for opposing this report, it may be that I finally to the supreme court; costing that dis- shall hereafter be disposed to express my views trif more, i n the defence of their postion, further in relation to it; but for the present I trict more, in the defence of their position,wilyedtefor which, I believe, was finally sustained, than will yield the floor. enough to build a new school house, of sufficient Mr. GOWER. I wish to say that I have taken dimensions to accommodate a large school. It a deep interest in the schools of this State, aris retarded the progress of education in that district. ing in a measure from the wants of my own fam During the whole time that case was pending, ily; and since I have been a member of this there was a quarrel and excitement constantly convention, I have given much of my attention disturbing their harmony. And it strikes me to this subject. I have prepared three sons for that if we had had a Chancellor to decide such college in this place. I patronized the first high minor questions at the outset, all that difficulty school ever created in this place, and I have would have been avoided. We should have ar- continued it until I have prepped three sons in rived at the conclusion without that foolish lit- this place for college. Those sons have graduigation in the courts, which are always calcu- ated. I have taken an interest in education lated to create hard feelings among those en- ever since I have been in the State of Iowa. I gaged in them. For that reason, unless gentle- have thought for some time that our funds were men of this convention can convince me that it not applied in the best manner. It has been will have a tendency to injure the interests of spoken of in my district that they were badly the school, I should be disposed to retain that applied; and when the amendment of the consection. stitution was proposed, it was suggested to me I acknowledge that I think there is a deficien- that we attend to the school fund and to the edcy in the fifth section. The Board are called ucational interests of the State. As for myself, into actual service twenty days only in the year. I felt, at first, more interested in the establishI strikes me that to give it full efficiency there lishment of a University, preserving that fund should be a superintending care all the year entire, and the common school fund entire, than round, and for that care, and so much service as upon any other branch of the subject. I see they may be called upon to render, they should that the seventeenth section provides: receive compensation. They should be em- "The money subject to the support and mainpowered to establish such institutions in their tenance of common schools, shall be distributed districts as will promote the best interests of to the districts in proportion to the number of the schools. They should be empowered to unmarried youths, between the ages of five and visit the schools, more or less, and to make such } twenty-one years." 96'd 32d Day.] 75'7 [February 25th Weduesday] MARVIN-G-OWER. MISCELLANEOUS. Wensdy -Kr-aYLai,o.[eray~t It will be seen by these sections that to nass a bill in the first plaee, there is required a concurrence of all the members elected to each branch of the General Assembly. A majority of each house shall constitute a quorum to do business, which business may be the reconsideration of a bill which the Governor has vetoed, which can be re-passed by two-thirds of that quorum. Thus a majority alone of all the members elected can pass a bill in the first place, while a little over one-third of the members elected may pass it after it has been vetoed. For instance, the lower house may consist of one hundred members. A quorum would be the majority, fiftyone, which is the number required to pass a bill in the first place. If the Governor sends that bill back with his veto, while a quorum of fiftyone are transacting business, thirty-four may pass that bill over his veto. Now I do not think this is exactly what we meant to do. I suppose it is within the power of the convention to reach this matter, though I do not know exactly how it can be done. I call attention to the matter now as the article has been ordered to its third reading. The PRESIDENT. When the article comes up on its third reading, it can be recommitted to the committee on the legislative department for any amendment that may be desired. Mr. GRAY. That is a ll I desire. I merely wish to call the attention of members to the matter. I t hink the proper person to receive the fund woul d be thec oun ty tre asurer. By my arran g e - m ent for the school fund, it is to be paid out by the state treasurer. The auditor of the state treasury is to distribute it to the county treasurers, through whom the Board shall receive the fund. My object is, to consolidate that, to keep it together, not to have it subject to so much legislation and financiering, as we have seen. That would be a continual source of conflict. I notice in the first section of this article that it appears to contemplate that the Board shall take the entire control of the educational interests of the State. If they are also to take charge of the fund, it strikes me that it is too much of a load. MNr. SKIFF moved that the committee rise, report progress, and ask leave to sit again. The motion was agreed to. The PRESIDENT having resumed the chair, The CHAIRMIAN of the Committee of the Whole reported that they had had under consideration the subject of Education and School Lands, had made some progress therein, and asked leave to sit again. The report of the committee of the whole was received, and leave granted accordingly. Legislative Departmen t. Mr. GRAY. I wish to call the attention of the convention to some incongruities that exist in the different sections of the article upon the legislative department, as we have ordered it to be engrossed. Section eight provides that ",A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties as each House may provide." Section sixteen provides that "Every bill which shall have passed the General Assembly shall, before it becomes a law, be presented to the Governor. If he approves, he shall sign it; but if not, he shall return it with his objections, to the House in which it originated, which shall enter the same upon the journal, and proceed to reconsider it; if, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two-thirds of the members of each House present, it shall become a law, notwithstanding the Governor's objections." Section seventeen provides that "No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assembly, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal." Mr. CLARKE, of Johnson. I offer the following resolution: "Resolved, That it shall be made the duty of the Secretary to prepare an enrolled copy of the journal of the convention, and of the constitution, which journal shall be signed by the President and the Secretaries, and filed in the office of the Secretary of State." I am induced to submit this resolution from a conviction tha there ought to be some provision made for preserving in the archives of this State, the proceedings of this convention. We have already had two conventions for the formation of a constitution for this State; but there is not among the archives of this State a single evidence of that fact. There is nothing of an official character to show to future historians that we have had these conventions in this State. And there is another fact, that of all the copies of the journal of the former convention, but two can be found within the reach of members of this convention. I have, myself, one copy of the journal of each of our former conventions, and one other member here has a copy of the journal of the last convention. Now it seems to me that we ought to guard against this state of things in the future. I think this convention ought to provide for depositing in the office of the Secretary of State an enrolled copy of the journal of the proceed 758 [32d Day. Wednesday] SKIFF-GRAYLARKE, of J. [February 25th 1-n Convention. E?trollin,.q the Tournal. COMPENSATION OF TIHE OFFICERS. Wednesday] JOIINSTON-TRAER-CLARKE, of 3.-PATTERSON, &O. [February 25th ings of this Convention. And it is with this view that I have prepared and offered this reso lution. The question being then taken upon the reso lution, it was agreed to. Compensation of Officers of the Convention. Mr. JOHNSTON. In order to facilitate the duties of the Committee on Accounts and Ex penditures, I offer the following resolution: Resolved, That the compensation of the offi cers of the convention shall be as follows: Thomas J. Saunders, Secretary, - dollars per diem. E. N. Bates, Assistant Secretary, - dollars per diem. S. C. Trowbridge, Sergeant-at-Arms,-dollars per diem. Francis Thompson, Door-keeper, - dollars per diem. J. H. Merritt, First Fireman, - dollars per diem. John Quaintance, Second Fireman, -dollars per diem. James Hawkins, First Messenger, dollars per diem. George Clearman, Second Messenger, dollars per diem. Willis Conard, Third Messenger, dollars per diem. I offer the resolution with the various amounts in blank, to be filled by the convention, in order that the Committee on Expenditures may be enabled to make out their report in due season: TH:O'IAs J. SAUNXDERS, Secretary. MIr. JOHNSTON. I move that the first blank in relation to the compensation of our Chief Secretary, be filled with the sum of six dollars. I believe it is customary to allow the Chief Secretary of our Senate and House of Representatives double the compensation of the members. The question being taken upon the motion to fix the compensation of the principal Secretary at six dollars, it was agreed to. E. N. BATES, Assistant Secretary. The PRESIDENT stated the next question to be upon filling the blank in relation to the compensation of the Assistant Secretary. MAr. TRAER moved to fill the blank with six dollars. Mr. CLARKE, of Johnson. Is it usual in legislative bodies to give the Assistant Clerk or Secretary the same compensation that is given to the Chief Clerk or principal Secretary? If it is, I am willing to do so here. Mr. TRAER. At the last session of our legislature, the appropriation for the journal was divided between the first and second Secretaries. The question being taken upon filling the blank with the sum of six dollars, upon a division, it was not agreed to; ayes 7, noes 11. Mr. PATTERSON moved to fill the blank with the sum of five dollars. The question being taken, the motion was agreed to. S. C. TROWBRIDG-9, Sergeant-at-Arms. The next blank was in relatomn to the compensation of the Sergeant-at-Arms. Mr. TODHUNTER moved to fill the blank with the sum of three dollars. The question being taken, the motion was agreed to. FIANCIS THOlIPSON, Door-keeper. The next blank was in relation to the compensation of the Door-keeper. Mr. WARREN moved to fill the blank with the sum of three dollars. The motion was agreed to. J. H. M{ERRITT, First Fireman. The next blank was in relation to the compensation of the First Fireman. Mr. TODHUNTE:1R moved to fill the blank with the sum of three dollars. The question being taken, the motion was agreed to. JOHN QUAINTANCE, Second Fireman. The next blank was in relation to the compensation of the Second Fireman. Mr. CLARK, of Alamakee, moved to fill the blank with the sum of three dollars. The question being taken, the motion was agreed to. JAMES HAWKINS, First Messenger. The next blank was in relation to the compensation of the First Messenger. Mr. CLARK, of Alamakee, moved to fill the blank with the sum of two dollars and fifty cents. Mr. WARREN moved to fill the blank with the sum of two dollars. Mr. TRAER moved to fill the blank with the sum of one dollar and fifty cents. The question being taken upon the motion to fill the blank with the sum of two dollars and fifty cents, upon a division, it was agre ed to; ayes 15, noes 7. GRORGE CLEARMAN, Second Messenger. The next blank was in relation to the compensation of the Second Messenger. 756 3 2cl Day.] Wednesday] JOHNSTON-TRAER-CLARKE, of J.-PATTERSON, &C. [February 25th COMIPENSATION OF THE OFFICERS. Wednesday] MARYJN-JOIIiN5TON-CLAIKi, of IL-SOLOMON, &C. LFcbruar 25th Mr. MARVIN moved to fill the blank with the sutm of two dollars and fifty cents. Mr. SOLOMON. While we are upon this subject of fixing the compensation of those who are serving us, I would suggest the propriety of providing for paying our Chaplain. Mr. CLARKE, of Johnson. I have prepared a resolution for that purpose, which I will submi t; it is as fol lows: [Resolved, That the Chaplain be paid the sunm of one hundred dollars for his services. The next blank was in relation to the compensation of the Third Messenger. -Ar. MIARVIN moved to fill the blank with the sum of two dollars and fifty cents. Mr. HTALL. I move to insert after the word I",hundred," the words, "1and twenty-five," so The question being taken, the motion was undred the words, and twentyfie o agreed to. as to give the Chaplain one hundred and twen The resolution, as amended, was then read as ty-five dollars. follows: Mr. TODHUNTER. I move to amend the Pesolved, That the compensation of the off- resolution so as to allow our Chaplain the sum cers of the convention shall be as follows: of three dollars per day, the same as is pro,cers of the convention shall be as follows: posed to be given to our other officers. Thomas J. Saunders, Secretary, six dollars od to eie uo per diem. per diem. ~Mr. HALL. I would prefer.to decide upon E. N. Bates, Assistant Secretary, five dollars some aggregate sulm. The sum of one hundred p. N aer Adiem.crear y, f ie dlrstand twenty-five dollars will amount, within a p,er diem.antwnyfv few dollars, to the same as three dollars per S. C. Trowbridge, Sergeant-at-Arms, three day. dollars per aienm. dollars TpDrper,tr doiem. Mr. JOHNSTON. I think we should fix upon Francis Thompson, Door-keeper, three dollars some aggregate sum. I believe the sum voted ~~~~~per diem. ~by the legislature for their Chaplain was one J. H. Merritt, First Fireman, three dollars per hundred dollars. diem. I MIr. CLARKE, of Johnson. I have no ob John Quaintance, Second Fireman, three dol- jection to the amendment of the gentleman from lars per diem. Des Moines, [Mr. Hall.] I fixed the sum at one James Hawkins, First Messenger, two dollars hundred dollars at the suggestion of several and fifty cents per diem. members. I believe in paying preachers pretty George Clearman, Second Messenger, two well, for they are generally poor men. I will dollars and fifty cents per diem. accept the amendment of the gentleman from Des Moines. Willis Conard, Third Messenger, two dollars The resolution, as modified, proposed to give and fitter cents per diem The re~solution, as modified, proposed to give and fifty cents per diem. the Chaplain the sum of one hundred and twen The question being then taken upon the reso- ty-five dollars for his services. lution, as amended, it was adopted. The question was upon the amendment pro posed by Mr. Todhunter, to give the Chaplain Comveniation of Pres?ident of the Convention. Mr. SOLOMON. I prefer this amendment to the resolution a it now stands, for the reason that it will meet a contingency that may arise. We have resolved to adjourn on the fourth of March. Now, it is barely possible that we may be in session much longer; and as it is admitted that three dollars a day will come to about the same amount as that fixed by the resolution, I think we should adopt the amendment, so that, if we continue here in session beyond the fourth of March, the Chaplain will be paid accordingly. IMr. TODHUNTER. MTy conviction, at the present time, is, that we will not get through in less than ten days. If so, we will have been in session something like fifty days, which, at three dollars a day, would give the chaplain one hundred and fifty dollars. It seems to me that he is one of the most important officers of this Convention; and to put his compensation at one hundred and twenty-five dollars, and thus re Mr. JOHNSTON offered the following resolutiou: Resolved, That Iton. Francis Springer shall receive the sum of three dollars per day f or h is services as President of this Convention, in addition to his pay and mileage as member of the Convention. Mr. CLARKE, of Henry. Is it not usual to double the mileage as well as the per diem of the presiding officers of bodies like this? Air. JOHNSTON. I think not. The PRESIDENT stated that he did not desire it. Mrlution. JOHNSTON. I wi ll state that this resolution is drawn up in the usual form. I I I II [32d Day 780 MARVIN-JOHNSTON-CI,ARKE, of II.-SOLOIION, &-,C. [February 25th Wednesday] Copipensation of 17te Cltaplaiii. The question being taken, the motion was agreed to. i WILLIS CONA-RD, Third.,Ve:,senger. The question being taken upon the resolution, it was agreed to. DISTRIBUTION OF THE DEBATE3S. WJednesday] CLARKE, of J.-TODI[UNTER-HALL-SKIFF-WILSON, &C. [lFebruary 25thi duce it below the aggregate compensation of any of our other officers, I think would be doing him injustice. We should pay him as liberally as nny of the other officers of the Convention, except, perhaps, our chief secretary. We should, it seems to me, have at least that regard for his Ofllce. -Ir. CLARKE, of Johnson,. I hope the gentl,. uan from Warren, ],Ir. Todhunter,] will withdraw his amendment. I am satisfied that our chaplain would be well content with the' amount proposed by the resolution. It has been customary to pay the chaplain an aggregate u. And, as it will amount to about the same thing either way, for the purpose of obviating ailyt]inig like contention upon such a subject as this, 1 hope the gentleman will withdraw his amiendment. -',r. TODHUNTEPT. I presume the chaplain would be satisfied with one hundred dollars, or wi,th seventy-five dollars, or with any othersum that we might designate. But would it be proper to designate a sum less than three dollars a day? This chaplain has been in attendance he're as regularly as our sergeant-at-arms, doorkeeper or fireman, and they are allowed three dollars a day. And shall we curtail his compensation to a less amount than we give our fireman? I would rather raise his compensation above that amount than place it below it. It has been intimated by the gentleman from Johnson, [MIr. Clarke,] that preachers are generallyv poor men. Our chaplain has been in attendance here regularly during our session, and 1 think he should have at least three dollars a day, whether it amounts to more or less. If it amounts to more than one hundred and twentvfive dollars, let him have it. If, as gentlemen say, it will amount to about that sum, then I can see no harm in the amendment. MIr. HALL. The only objection I have to saying that we will give our chaplain three dollars a day, is, that I do not like to put upon our records that we hired our minister by the day. I would vote to pay him an aggregate sum of one hundred and fifty dollars cheerfully. I have known him and his family for some time, and I know them to be wortlhv and estimable people. I would vote to give him one hundred and fifty dollars as cheerfully as I would vote for anything in th e course of this session. 5Ir. TODHU-NTER. I will accept the amendment suggested by the gentleman from Des 5[oines, [.Hir. Hall,] and withdraw the proposition I submitted a few moments since. The question was upon increasing the compensation of the chaplain to one hundred and fifty dollars; and, being taken, it was agreed tO. oMr. WILSON offered the following res(,it tions. "Rlesolved, That W. Bl'air Lord be employed to superintend the publication of the debantes of this Convention, and prepare an index to the same, and that he be allowed the sim of dollars for his s ervi ces. "lResolved, That each member of this Converntion be furnished wi th copies. of the e bates, when the same shall have been published, for distribution." Mr. WILSON. I move to fill the blank in the first resolution with the words I' one hunrllie and t wenty," as the amount to be allowed Gnr. Lo ord for superintending the publication and illdexing of these d eb ates. I would say tha thet amount of compensation is lower, I believe, than any I have ever before known for the sase time a nd amount of work; but I think it will prove satisfactory. I hope the Convention w ill agree to that amendment, and then to the reso lution. I think our reporter is the most suita ble person wecould find to superintend the pulb lication of these debates. The question being t aken upon filling the blank in the first resolution with the words "Ione hundred and twenty," it was agreed to. The PRESIDENT stated th e next question to be upon filling the blank in th e second re ctotion, in relation to the number o f copies of t!v ee debates to be furnished to each member of ighe Convention. Mir. TODHUNTER m oved to fill the bl,and k with the word "fifteen." Mr. WINCHESTER moved to fill it with the word "five." Mr. CLARKE, of Johnson. I move to fill it with the word "twenty." Aud, while I am up, I will say that I understand that the General Assembly took upon themselves the responsibili ty of voting to each member a copy of these debates. Mr. WILSON. The Senate voted five copies to each of its members, and the House of Representatives one copy to each of its members. MIr. CLARKE, of Johnson. By what authority they did that I am una(lvised. I apprehend that the circulation of these reports will devolve upon us; and as theyi are intended for circul,a tion, I want a sufficient number to benefit my constituents. After we have taken enough for that purpose, we should send some to other States, in return for books that we have receiv ed from them. I would be in favor of ai higher number than twenty to each member, and I will therefore move to fill the blank with the words I"twenty-five." On motion of wIr. SKIFF, The Convention then took a recess until 2 o'clock p. m. I 32d Day.j 761 EVENING SESSION. The Convention assembled,,tt 2 I,,. m., and w,,-La called to order by the President. Dist7-ibu,tion of the Dcb,,ztci. The resolution, as amended, was then adopt DISTRIBUTION OF THE DEBATES. -Vdedy CLRE fJ-jltNE~AM~-OOO. Lcraypt The question was stated to be upon the re consideration of the vote by which the resolu tions in relation to the distributio n of the de bae tes w bere adopted. Mr. CLARKE of Johnson. I hope that mo - tion will not prevail. When I made the moti on to appro pri at e twen ty-fiv e copies to each mem be r of th is convention, m y id ea was, in the first place, to supersed e the action of the general assembly, by which the y a ppropriated to them selves property which did not then belong to the state-which in fact was not then in exist ence. An d I designed, sec ondly, by voting twenty five copies to each of the members o f this coiir vention, to place us in a condition that we might ourselves supply the members of the general a ssembly, if w e should see proper to do so. And I suppose that o ut of th ose twenty five copie s e ach member wo u ld fe el it his duty to present one copy to the county Judge, and those public officers in the countyh who would be benefitted by such a work. After taking this number from the amoun t order ed to be pub lished, there would still be enough left for circu lation among the libraries of this state, an d the public state libraries of the U nion. We ha ve taken tho se twenty-five copies to circulate among the people, not to keep for our selves. I apprehend that every gentleman here will put down first upon his list, the officers of the county who can use the work, an d to whom it would be valuable. Now if we go on and deal out these reports county by county, it seems to me we would be doing by detail what the members can do now. After distributing the number provided for by the resolution we have adopted, there will be some four hundred and fifty or five hundred copies to be deposited with the Secretary of State. This work is more in the character of a legal work, to be used for the construing of the constitution, than for information to mere ministerial officers. I think nothing will be gained by reducing the number to members of the convention. I suppose that every member will remember his cotmty officers, and we can provide that each county, wherein there is a library, shall have one copy. I trust, therefore, the motion to reconsider will not prevail. Mr. SOLOMON. I have made no calculations in regard to this matter, and cannot tell whether or not I am in favor of the motion to reconsider. But I would throw out one suggestion here. This journal of our debates ought to go into the hands of the public, unquestionably; that should be the first consideration with us. Now the proposed object of the gentlem,an who mover to give twenty-five copies to each member of this convention, is that they may be distributed among the counties of those members. Nowv perhaps it has not struck the gentleman who takes that view of the Ratter, that such a plan will work unequally upon the members. For instance, to give one to each county of my district would require eight of The question being then taken upon the motion to fill the blank in the second resolution with the word "twenty-five," it was agreed to. MIr. CLARKE, of Johnson. I do not know but that this resolution may need another amendmient. As I understand it, it would appropriate a certain number of copies of these debates to members of the Convention. I move to amend it so that our reporters and secreta ries may have one or more copies. It is usual I think, to give them some evidence of their work, as well as to give members evidence of theirs. 1 therefore move to amend the resolution by adding to it the following: ',And that the reporters, secretaries, and sergeant-at-arms be furnished with five copies each." The question being taken upon the amendment, it was agreed to. Mlr. TODItUNTER moved that three copies be furnished to the Chaplain. The question being taken, the motion was agreed to. The resolutions as amended were adopted. .[r. CLARKE of Johnson. While we are upon this subject, we may a s well provid e fo r the distribution of the rest of the debates, that will be left after the members of the convention have been supplied. If it be the sense of this convention, I will offer a resolution that the remainder of the debates be deposited with the Secretary of State, to be distributed according to law. MNr. PALMIlER. Allow me to state that if each member of the legislature is allowed five copies of these debates, and each member of the convention is allowed twenty-five copieswithout taking into account those appropriated to the officers of this convention-that will require fourteen hundred and forty of the fifteen hundred copies we have ordered to be printed. AMr. CLARKE of Johnson. I offer the following resolution: "Resolved, That the remainder of the debates be deposited with the Secretary of State, for circulation as provided by law." Mir. PALAIER. I do not think there will be much of a remainder. Provision is already made by the general assembly and by the convention, for the distribution of fourteen hundred and seventy-three copies. I think we r ought to reduce the number a little which has been provided to be furnished to members of the convention, in order that we may retain at least sufficient to enable us to exchange with other states. We ought to send one copy to each state in the Union. There ought to be at least one copy deposited in each county in this state; though the members of the convention might perhaps attend to that. I move to reconsider the vote by which twenty-five copies were app ropriated to each member of the convention, in order that that number may be reduced. 762 [82d Day. IVednesday] CLARKE, of J.-TODIIUNTER-PALMER-SOLOMON. [February 25th DISTRIBUTION OF THE DEBATES. Wednesday] Gow~R-wILsoN-wINollEsT~R-ToI)IIUNTER-TRAa. [February 5 t my twenty-five copies; while Capt. Price, of' Pottawattamie, would be compelled to use up twenty-one copies for that purpose; the gentle man from Des Moines would have to use but one, so that it will operate altogether unequally. Now I would suggest that the better plan would be to provide that one copy should be placed in the hands of the Secretary of State, to be sent by him in the ordinary way to each county judge, or the proper officer in each county, to be kept there for the use of the public; and to be sent immediately, for we shall need these debates in each county before the people come to vote on the Constitution, at the time the discussion is going on in regard to its adoption. Such a plan would be fair and equitable, and not work unjustly upon any of the members of this Convention. I think that, in addition to that, some fifty or one hundred copies should be placed in the State Library, to be kept by the State as the property of the State; perhaps twenty-five c op ies would be enouwh. A nd, in addition to that, I think we ought t o pla ce in the hands of the Secretaryo ac mbe of State, to be sent free of charge, some fifty copies to be distributed among the State libraries of this Union. After doing that we can then count up and see how many we will have, and distribute them among ourselves and our officers, as we may see proper. I merely make these suggestions as having some bearing upon the proper application of the property for which the people of this State will have to pay. 5Ir. GOWER. I have made a calculation as to how I shall distribute my twentv-five copies. I design to give one to each of our Senators and Representatives; two to each editor ot a paper in my county; one, each, to the county judge, treasurer, county commissioner and prosecuting attorney, and one to each town clerk in my county, of which there are fourteen. In that way I shall dispose of twenty-two of the twenty-five copies appropriated to me. MIr. WILSON. I think that the better plan would be to provide for sending one copy of these debates to the county judge of each county. After that is done I think the number twentyfive is not too large for each member. I amsatisfied the members of this Convention would distribute these debates with more discretion than they would be distributed if a certain number of copies were forwarded to each county for distribution. Each member of this Convention will place a cops of these debates in the hands of, say twentv-four men, who are thinking, reading men and who would make a good use of them. Through those men this information will get to other persons, men who are in the habit of talking and giving information to those around them. I think the number proposed for each member is not too large, and af~ter twenty-five copies to each member is thus furnished, there will be some six hundred copies left to be otherwise din. posed of. That certai nly will meet the require ments that gentlemen have sugges t e d here. Mr. WINCHESTER. If the appropriation made by the Gene ral Assembly to each o f it s members is lef ot out of the question, I wou ld vote against the reconside r ation. But if it i s e xpec t e d that the y shall re ceive the five copies they voted to them selves, I shall v ote for the re con sideration. I am desirous that each county in the State shall be furnished with a copy of these debates by the convention, ins tead of by the members, and for this reason: There are some members who represent only one -half a county, whi le oth er members re pr esent eleven organized counties. I represe nt eleven countieshere, and wo uld be obliged to furnished e leven copies of my quota; while the members from Lee and Des Moines counties woul d have forty-nine copies for distribution in each of those counties, after su pplying t h e c ounty with a c opy. Mr. TODHUNTER. It seems t o me that gen tlemen forget one thing in this matter. When they talk about some members here represent ing one half a county, while others represent eleven counties, I would enquire if there a re not more inhabitants in Le e cou nty than in all the eleven repre sented by the other mgember. Are there not more in Des Moines county th an in the eleven represented by the gent l em an from Hardin, [Mr. Winches ter]? If there is not, there is but little difference, only about tw o thousand. Now it is necessary either Lee or Des Moines county should have the s ame, or nearly the same, number of copies of th ese de bates distributed am ong its population, as are distribute d in th e entire district o f the gentle man fro m Hardin, a s Lee county has v ery near ly the sa me populat ion. T here is, therefore, nothing unequal or unjust in this arrangement. Mr. WINCHESTER. The gentleman is very much mistaken in regard to the population of my district. Mr. TRAER. I think the gentlem a n from Warren [Mr. Todhunter,] forgets one thing, when he speaks of Le e county having but two thousand less inhabitants th,h the entire dis trict of the gentleman from Hardin, [Mr. Win chester.] Lee county, with less inhabitants than his district, has an equivalent of two and a half members here, and will get some sixty copies of these de bates, while the gentleman from Hardin will get but twenty-five coDies. It appears to me that that makes quite a differ ence. It is not the number of inhabitants, but the number of deleggates that makes the difference. My friend from Marion, [Mr. Gibson,] and my3 self, represent over thirty-one thousand inhab itants, and yet we will get but fifty copies. Lee county, with less than that amount of popula tion, will get some sixty copiers. This distribu lionl, therefore, as regards population, is not - equal. I think, however, that twen'y-five s copies to each member are sufficient.. 1 have made no calculation, as has the gentleman from - Cedar, [M~r. Gower,] what I shall do with my 32d Day.] 763 GOWER-WILSON-WINCHESTER-TODIIUNTER-TRAER. [February 25th Wednesday] DISTRIBUTION OF THE DEBATES. Wrednesday] GILLASPY-SKIFF-HALL —GIBSON-SOLOMON. [February 25 th share. I have some friends out of office, as well ry and the library of the Smithsonian Institute, as those in office, who would like to have copies. and a copy to each state historical society; f6r those institutions of such vast general interest ,,,v. GILLASPY. I think one thing this con- that they should be supplied with a copy of this Le fion should do in distributing these books for they should be supplied with a copy of this tie information of thate peopat least five copies should se ncoyteahcutinthe ifraooftpepefiState be sent to each county. MIany of them already send one cop y to eac h county i n the State. have libraries and institutions of learnig, This should bhe done by a vote oi df the onven- which will desire this work and will be able to tiun. and not left to individual members. If theo obtain them from the counties if we send th(-,mi nwhic mun dertake to prescribte the manner there. I have no doubt that members wsll disin which the members shall dis tribute their tribute them properly, if they are furnished to aolpie ofp these debates, I thi nk it would be them. But these resolutions do not propose an teqlly propero to prescribe some disposition of equitable mode of distributing them to members. the copies of the Code, and the Reports of the I therefore hope the vote by which this was Supreme Court, As to that latter matter, I am adopted will be reonsidered, t at we may hi ve inclined to think that the convention will find anoptuit e o e th e myhl sorie difficulty, as many of the members have opportunity to make some other disposit already disposed of their copies e ater. Mr. GIB ON. It seems to me that we are 'ow I think the better way would be to let disposing ofthese debates a little too fast, a:eaci member distribute his copiLes of the debates ording to an estiminte which I have made, I to suit himself. I am satisfied there is not a find that to give twenty-five copies to each mem member upon this floor, who, when he goes ber of the convention will require nine hundred home with twenty-five copies of these debates, copies. Give each member of the legislature will not distribute them among men in his five copies, which is the number they have,pneighborhood who will read them, talk about propriated to themselves, and that will take five ihemi, and impart the information they obtain hundred and forty copies more,-making altofirou them to others. It would certainly be a gether one thousand four hundred and fortyho.rdship, be entirely unjust, to say that Ihe gen- two copies. Then the secretaries, reporters and timnan from Potawattamie, [MIr. Price,] who sergeant-at-arms five copies each will require Represents twenty odd counties, the gentleman thirty copies, and three copies to the chaplain. fo Hardin, [M.Ir. Winchester.] who represents As I understand only fiifeen hundred copies leven counties, and the gentleman from Mills, have been ordered to be printed; according to [)[r. Solomon,] who represents seven or eight the above estimate only some twenty-seven counties, shall furnish each county they repre- copies will be left. sent with a copy of this work. Let the State * nt with a copy of this work. Let the State Now if we adopt this plan, and vote this fur!iish the counties, and let the members fur ~~~nish individuals.number of copies to ourselves and others, tihe members ofthe legislature of course will want A-r. SKIFF. The question of spoils here seems their copies-we must increase the number to to be agitated with much animation. I know it be published. We should consider the matter is a very important subj.ect, and one in which a little and see whether it would be better to all the members ofthis body feel a deep interest. increase the number of copies to be published, I therefore move to lay this subject upon the or curtail the number of copies to be furnished table for the present, for further consideration. to each member. If we are not carefulwe will I a.n not able to decide upon this matter at run short of copies to accomplish the purposes present, and shall not be until we can have a for which the work was designed. There will caucus upon the subject. [Laughter.] not be enough copies left to furnish one to each The PRESIDENT. The Chair will inform the county of the state and each state library. gentleman from Sasper, [Mr. Skiff] that his mo- Mr. SOLOION It is evident to my mind tion to lay upon the table will not be in order that a little calculation should be made in reuntil the motionto reconsider has been carried. gard to the distribution of these books. Arnd Mr. SKIFF. I m not particular about it. I think it would be better to appoint a commit Mr. HALL. I am satisfied myselfthat giving tee to examine and recommend the proper mode twenty-five copies to each member of this con- of distributing these olumes. The committee of distributiug these N olumes. The committeo t-,en-ty-ivcopies tot ethmembroer ofy th isps cof vention is not the proper way to dispose Of would be well able to do this now, after the sugthose books. The objection to that plan is well gestions that have been made here by different founded, from the fact that Lee county, with a members, though no one seems to have preparsmall territory, would get some fifty copes, ed anything of the kind now. while fifteen or twenty counties out west can I would say in reply to the gentleman from get but twenty-five copies. I think we should Warren, [Mr. Todhunter] that I do not think it so endeavor to distribute these debates as to would be a fair distribution of of these bookls, hlave a reasonable number of copies in each to distribute them according to the present popcounty; for although some of those counties ulation of the several counties in this state. I are sparely settled.at present,, they will be think every county ought to have at leas' one more densely populated bye and bye. We ought or two, if not more. If there are a great many also to send two copies to each state and terr- inhabitants in Lee county, this work should be tory library, one each to the congressional libra- placed within the reach of all by being deposi li 6-t [32d Day. DISTRIBUTION OF THE DEBATES. CLARK-CLARKE, of II.-PALMIER-MARVIN. ted at the county seat. If they are distributed among and according to the present population of the State, there will be, ina few years, in these new counties, when they come to be settled, a large population which was not taken into the calculation at all. period of time, than we would to allow them to be distributed in any other way. Mr. CLARKE, of Henry. The only question before us, I suppose, is in regard to the reconsideration. Now the great difficulty which we find here, results from the cutting down the number of copies of these debates, that we have ordered to be printed, from three thousand to one thousand five hundred. We now find ourselves in the very same difficulty that many of us anticipated when the number was reduced. We have adopted a resolution, appropriating twenty-five copies to each of the members of this convention. Now we must repudiate the action of the general assembly in appropriating copies to each of its members, or we must reconsider our action here, for we canot have twenty-five copies apiece, and still let the members of our legislature have the number of copies they have voted themselves. Mr. PALMER. I am informed by the Secretary of State that we have been laboring under a mistake in regard to the action of the House of Representatives upon this matter. The Senate voted themselves five copies apiece, but the House of Representatives did not provide that number for its members. The very time when a proposition is submitted to amend this constitution, which may be y ear s h enc e, will be the time when these books will be m ost valuable to the people, a nd I think that it is highly important that every county, whether organized or not, every portion of the state destined to be a county, should have its proportion of these works. And if it is necessary in o rder t o make that provision, I am willino to vot e for t his reconsideration. I do not exactly like the idea of each of us taking twentyfive copies of this work. The people will look upon it as an appropriation for our own uses, and indeed as it is, we are not, and cannot be, compelled by any ruling of this body, or any other to distribute these books among the people if we take them. I know it will be with the understanding that we will distribute them over the state at large; but it is a mere matter of understanding, there is no compulsion about it. Now I want to relieve myself from this by providing for the distribution of these books at once by this convention. loor. CLARKE, of Henry. I supposed that these books of debates, after they are published, would be deposited here with the State under the control of a proper officer of the State, to be distributed in some equitable manner. Now I do not think we can distribute them equit ably here, either by distributing them according to districts or according to counties. I think we should content ourselves with taking five copies each, as our Senators did, and let the matter go at that. Mr. MARVIN. I am in favor of the proposition to allow the State to distribute among the counties from two to five copies each of this work. And I would say to members that I intend to move at the proper time to increase our supply of this work. I understand that we can increase it to two thousand copes without much additional expense, as the printers have struck off enough additional copies to amount to that number, and we can have them as well hs anybody else, and they will be put to a better use if we take them than they would likely to be otherwise. I think that members from our new counties, as they are mostly young men with considerable ambition, and heve made considerable many speeches, and will desire political promotion hereafter, should be allowed to take these books for distribution among their constituents. I would not deprive them of that opportunity, and I do not know that they could be put to any better use, than they will be if placed in their hands. It is but human nature that they should desire to do so. They are not different in that from other people. And if we place these books in their hands they will distribute them better than some dull county judge, who will have his Mr. CLARK, of Alamtakee. I am in favor of makingsome provision here so as to have one copy of these debates deposited with some proper person in each county for the use of the people of that county. But I am opposed to this of giving each member of this convention an equal number of copies for distribution, for I believe that would be unfair and unjust. I find that Lee and Van Buren counties are r epresented her e b y four members, Messrs. Ayres, Day, Johnston and Patterson and they have a population of forty-three thousand and ninetyfour. If we appropriate twenty-fivetcopies to each member, those counties would have one hundred copies, or one copy to every four hundred and thirty persons. Now I represent a population of twenty-three thousand and fiftytwo and would have but twenty-five copies, jr about one copy to every thousand persons. The constituents of these gentlemen, would get, in proportion to their number, more than double the copies of these debates that my constituents would get. Now I have some eleven counties in my district, and I suppose they will expect to have the same number of these reports, in proportion to their population, that other counties in other districts of the State would have. I am in favor, however, when we come to decide upon the number of copies each delegate shall have, of allowing them to distribute them among their constitutents as they please, as I believe they would be better qualified to do it than any other persons can be. We will thus be more sure to accomplish the object we had in view in printing these debates, and to do so within a shorter 97 I I I 32d Day.] 765 [February 25th Wednesday] BOARD OF EDUCATION. WVedii esday] CLARKE, of J,- PALM-IER-WINCIIESTIER-IIALT, &-C. Sec. 5. The session of said Board shall be limited to twenty days, and but one session shall be held in one year, except upon extraordin,ary occasions, when, upon the recommendation of two-thirds of the Board, the Governor may order a special session. Sec. 6. The Board of Education shall organize by appointing from their ho vy a presiding officer, and the appointment of a Secretary and other inferior officers usual ill Legislative Assemblies. They shall keep and publish a journal of their proceedings, which shall be distributed in the same manner as the journals of tihe General Assembly. Sec. 7. All rules and regulations made by said Board, shall be published and distributed to the several Counties, Townships, and such School Districts as may be provided for by said Board, and when so passed, published and distributed, they shall have the force and effect of law. Sec. 8. Said Board shall have full power and authority to legislate and make all needful ules and regulations in relation to Common Schools and other institutions of learning that are instituted to receive aid fromn the School or University funds of the State. Sec. 9. Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules, and regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court. Sec. 10. The Board of Education shall provide a system of Common Schools, by which a School shall be organized and kept in each district at least three months in each year. Dis' tricts failing to organize and keep up a, School, may be deprived of their portion of the School Fund. Sec. 11. The Board of Education shall establish one University, which shall be located at some central point in the State, Provided, that until such time as such location may be made, and suitable bildings erected, said University shall continue as at present located. And to insert in lieu thereof the following: " The General Assembly shall provide for the election or appointment of a Board of Education, to be composed of twelve persons, who shall be the trustees of the University, and shall have the general charge and control of education in the State. They shall have power to appoint a Secretary of the Board, who shall be their executive agent, and perform such duties as may be imposed upon him by the Board of Education o r the law s of the St ate." Mr. SOLOMON called for a division of the question, which was accordingly ordered. The question wfas upon the motion to strike out the first eleven sections of the majority report. Mr JOHNSTON. I submitted the motion to strike out these sections and insert in lieu there friends, and the first who ask will get them, a d that wsill be th e e nd of the matter. idr. CLARKE, of Johnson. I am advised by one ofti s o the clerks of the late House of Representativese, tha t dur ing the last night of the session the Hous e d id appropriate a certain number of copies of this work to each of its members. fir. PALM.NIER. But one copy each. The q uestion was up on t h e mo tion to reconEider the vote by which the resolutions in relation to the distribution of the debates of the convention were adopted. The question being taken the motion to reconsider was agreed to. The question recurred upon the adoption of the resolution as amended. Mr. WINCHESTER moved that the resolution be referred to a select committee of three, who should recommend the manner in which these reports should be distributed. The question being taken, the motion was agreed to. Mr. PALMIER moved to further instruct the committee to inquire into the expediency of having printed a greater number than one thousand five hundred of these reports printed. The question being taken, the motion was agreed to. On motion of Mr. HALL, The convention resumed the consideration, in committee of the whole, (Mr. Parvin in the chair,) of the report of the committee on education and school lands. The CHAIRMAN stated the question to be upon s triking out the f ollowi ng f rom t h e report of the majority of the committee: S ection 1. T he Educ ational interests of the State, to include Common Schools and other Educational Institutions, shall be under the management and control of a Board of Education, w hich shall consist of sixteen members. Sec. 2. No person sha ll be el igible as a member of said Board w ho s hall not have attained the age -of twenty-five years, and been two years a citizen of the State. Sec. 3. The General Assembly shall district the State into sixteen Educational Districts, and one member of said Educational Board shall be chosen by the qualified electors of each district, and shall hold their offices for the term of four years, and after the first election under this constitution, the Board shall be divided by lot into two equal classes, and the seats of the first class shall be vacated after the expiration of two years, and one-half of the Board shall be chosen every two years thereafter. Sec. 4. The first session of the Board of Education shall be held at the seat of Government, after which said Board may fix the time and place of meeting. .,66 [32d Day. [February 25tliL Comnzittec of the Whole. BOARD OF EDUCATION. Vc(1nesday,3 SOLflMON-JollNsTON-sKrFFllALL. Lebruary 5 ti' .tion to strike out the first eleven sections of the majority report, it was rejected. The CHlAIRMAN stated that the report would now be read and considered by sections. of the first section of the minority report. I stated at the time, that I submitted this motion for the purpose of testing the sense of the committee in regard to these two reports. I desire to say, before I am called upon to vote upon this question, that when these two reports-recommending the same system, the one being more in detail than the other-were first presented to the Convention, I was decidedlv in favor of the minority report. But I confess that nmy opinions have been very considerably shaken by the discussion of this morning. I did not hear the discussion of yesterday afternoonr, but the speeches made this morning have led me to believe that there is something more in the report of the majority than I had at first supp)osed. The firs t sec tion wa s then read as follows: "The educat ional i nterests of the State to include common schools and other ed uca tional institutions, shall be under the managemen t an d control of a board of edu cation, which shall consist of sixteen me mbers." Mr. SKIFF. Upon consultation with some of the members of the committee, it has..been suggested thatperhaps it would be wel l to ha ve the same number of educational districts a s of judicial districts in t he State. The committee on the judiciary, as I un der stand, have reported in favor of having but eleven judicial districts. I therefore m ove to strike out th e w or d " si xteen," and ins ert t he wor d "eleven;" an d insert after the word "members," the words, "to be i ncreas - ed from tim e to tim e, a s the numb er of judicial districts ar e i ncr eased." Ir HA. HALL. I do not consider that amendment as o f any co nsiderable impor ance one way or the other. The difficulty is this: t he man ner in which we will be obliged to lay out our judicial districts must necessarily lead to there being a. vast disparity of population between the different districts. Take, for instance, the first judicial district. Th at, I suppose, will be the most populous district in the Sta te. It wil l contain from sixty to seventy-five thousand inhabitants. But in the western part of the State there will not be half that number of inhabitants in a judicial district. Yet, as this board will be clothed with power over but a single subject, I should not anticipate any serious evil would flow from such an arrangement. But I would prefer, for the sake of the harmonious working of the system, to apportion these districts according to the inhabitatits!of the State, so that the several districts will have about an equal number of inhabitants, and be representedin this board each by one member. That is the only objection I have to the pro posed amendment. The reduction of the num ber is no great matter, although I do not believe that the number "sixteen" is too large. I would go further than this report goes, if I had my way about it. I would make each member of this board the superintendent of the schools in his district. I would endeavor to make the ma chinery of this system more permanent and more efficient. But I wish it to be understood that I am not going to stand upon any matters of the charac ter of this amendment, though I think we should have their representation in this board upon an actual population basis. Mr. SOLOMON. Iwould suggest to the mover of this amendment, that it would serve the same purpose, if he could make it a little shorter. I The committee will observe that the principle contained in these two reports is the same. The object, it Appears, is, to get rid of the ofilce of superintendent of public instruction, as the controlling agent of the educational interest of the school fund of the State. So far, they agree. The difference consists chiefly in the fact that the report of the majority goes into details, making the members of the board elective by the people, rendcering them constitutional officers, provides for their meetings, &c. 1, myself, am opp)osed to that portion of the section I have offered as a substitute for these eleven sections, which provides for the appointment of this board of educeation. I am in favor of the election of the board by the people by districts. Th e pri ncip al objection which I have had to the report of the majority, has be en in regard to te ot fhe details. But after t he di scussi on which ha s takten place this morning, I am willing to endeavor to have th is changed so as, if possible, to meet my views, and I d o n o t know but what tha t may be d one. I shall, therefore, when the q u e stion is taken, vote against the motion to strike out. I malke this statement, bein the author of this motion. Ah SiIr O. SOLO ON. I w ould suggest to the ge ntleiman fi rom L ee, [Ir. Johnston.,] that he can wit,Iraw h is m otio n to stri ke out i f he has become s atisfied th at it is not necessary. .Ait. JOHNSTO:N-. MIy object in submitting that motion was to have a test vote upon these two rep)orts, and I desire, therefore, to have my motion put to the vote. Ail. SOLOMlON. I would ask that the majority report be taken up and considered, section bk section, se paratel y. Tilhe Cis IRo. That will be done if the motion to strike out is not agreed to. MIr. SOLOMlON-. I have called for a division of the tmo,tion to strilke out and insert. I sup~ose I can call for a further division upon strikin, out each section separately. The CHAIRAI[AN. The gentleman can accompli,sh his object equally well the other way. The question being then taken upon the mo 32d Day] 767 Wedi-tesday,] SOLO-)ION-JOIINSTON-SKIFF-IIALL. [February 25tb Number of Boa2-d of -El ducatio7t. BOARD OF EDUCATION. SKIFF-SOLOMON-HALL-MA RVIN. would suggest to him that lie make it read as icnae,' of lecion. follows: The educational interests of the State to in- Section three was then read as follows dude common schools, and other educational " The General Assemblv shall district the instutions shall he under the management and State into sixteen Educational Districts. and one control of a Board of Education, which shall member of said Educational Board shall be consist of one member from each judicial dis- chosen hy the qualified electors of each dis trict." trict, and shall hold their offices for the term of That will fix the division at once, without any four years, and after the first election under further trouble. this Constitution, the Board shall he divided by lot into two equal classes, and the seats of the Mr. SKIFE. I will withdraw my amendment. first class shall he vacated after the expiration Mr. SOLOMON. I move then as an amend- of two years, and one-half of the Board shall he ment to strike out the word "sixteen," and in- chosen every two years thereafter." sert in lieu thereof the words "consist of one Mr. SOLOMON. This section is unnecessary memher for each judicial district." after the amendment we have made to section The question was taken, and the amendment one. I move, therefore, to strike it out. was agreed to. Mr. HALL. I think the section can be amend No further amendments heing offered to the ed hy slight alterations, so as to remove the ohfirst section- jection, which the gentleman from Mills [Mr. Solomon,] may have to it. I would move to liyibi1i(y. strike out all in the first line to the word "one," and hetween the words "lot" and "into," insert, Section two was then read as follows: "as near as practicable;" so that the section "No person shall he eligible as a member of would then read as follows: said Board who shall not have attained the age "One member of said Educational Board shall of twenty-five years, and been two years a citi- be chosen by the qualified electors of each diszen of the State." trict, and shall hold his office for the term of Mr. SOLOMON. I move to strike out the Constitution, the Board shall he divided hy lot, "twety-uon." and the seats of the first class shall be vacated The question was taken, and the amendment after the expiration of two years, and one-half was not agreed to. of the Board shall be chosen every two years Mr. SKIFF. I would suggest to the commit- thereafter." tee itf it would not be better to make a person The question was then taken, and the amend eligible to a seat in this board, by a residence of ment war agreed to. less than two years in the State. I would sug- There being no other amendment offered to gest that a year's residence should be sufficient the third section for this purpose. I would move, therefore, to strike out "two," and insert "one" in its place. First Session of the Board. New districts are continually being formed in this State, and new comers are settling among Section four was then read as follows: us, among whom there may be persons more 11 11~~~~~~~~' The first Ses~ion of the Board of Education competent to take charge of educational matters e el the o o at shall be held at the seat of Government, after than those who have resided here a longer time. which, sa id Board may fix the t ime and place of It is generally understood that, by the prop - meeting." osition of the gentleman from Des Moines, [Mr.me ng Hall,] school teachers, and men who have spent No amendments being offered to this sec their lives in the cause of education, will be tioncalled to fill places in the Board of Education; and it may be that men of his class will come ILenth and 2umber of Sessions. here from other States, whom it might be desirable to elect as members of this board, but who Section five was then read as follows: would be disqualified for the office on account "The Session of said Board shall be limited of not having been in the State two years. I to twenty days, and but one Session shall be think, therefore, we better require, that a person held in one year, except upon extraordinary octo be eligible to a place in this Board, shall casions, when, upon therecommendationof twohave a residence here of one year instead of two thirds of the Board, the Governor may order a years. Special Session." The question was then taken, and the amend- Mr. MARVIN. I propose the following ment was agreed to. amendment to this section, to come in at the No other amendments being offered to the end: second section "Tan addition to the above services, each mem 768 [32d Day. WVedniesda (February P,5th f ?2 Da. OR FEUAIN 6 IeALL-.-JOIINSTON-MARVIN-TODIIUNTER-SKIFF. ber of the Board shall perform such other ser vices as the Legislature may require." Myl object in offering this amendment is, that this Board may have something to do in their own districts, that they may attend teacher's institutes, and attend to such other educational matters as the Legislature may deem requisite. Under the provision as it stands now, their duties are specifier, and they are limited to a session of twenty days in a year, unless the Governor should order a new session. I want to have them go into the districts, that they may bring to their sessions all the information re quisite to the performance of their duties, which they may have acquired while traveling in the districts, and while engaged in attendance upon teacher's institutes, &c. That is the object I have in view in offering the amendment; though I hardly know whether it will accomplish what I desire. Mlr. HALL. I will suggest an amendment, which I think will meet the views of the gentleman from Jones, [Mr. Marvin], and that is, " the members of said Board shall perform such duties as the Superintendent of Common Schools was required to perform." MAr. JOHNSTON. One of the most powerful arguments urged by the gentl eman from Des Moines, [Mr. Hall], here in favor of his proposition was, that a system was to be established entirely distinct from the Legislature, and beyond its control. If he now places it in the power of the Legislature, he is falling back upon th e plan rec ommende d by t he gentleman fro m Scott, [Mr. Ellsl, i n his r eport. I would just say in a nswer to t he gentleman from J ones, [dr. Marvin], that if there are any duties which are necessary for t his Bo ard to perform, they can control this matter themselves. They have the power of legislation in this respect. Nr. b IARVIN. Not with regard to their own duties. AMr. JOHINSTON. They have the right to legislate in regard to all school matters. MAr. HALL. As I stated at the outset, it is not my desire, nor is it my object, to make the Board of Education a co-equal branch with the General Assembly. I am not prepared to take this step, as I have said in my arguments upon two occasions already. If this Board should find it to be their duty to provide for county and district superintendents, and should pass a law by which it would be made their individual duty to make such a provision, it would be obligatorv upon them, until it was changed by the General Assembly. I do not design to leave this matter so that the General Assembly cannot, if they see proper, control or repeal the rules and regulations made bv this Board. I do not believe there is any danger while they are in the path of duty, and while they are pursuing an honest course, of any interference on the part of the General Assembly, unless it is absolutely essential. Niow, the legislature may find it necessary, at some future time, to make ea ch m ember of this Board a superintendent in his particular district; or the Board may think it proper to make such a provision. Either body could provide for such a law, if it were deemed necessary. I have prepared an amendment, which I t hin k will meet the views of the gentleman from Jones, [pIr. Ma rvin ], and it is this: " Each member of s aid Boar d shall p erform such duties in the district in which he is e lected as, superintenden t of sch ools, as may b e provi ded by law." Mr. MARVIN. I will withdraw my aomend ment. The questi on w as the n taken upon the a mendment offered by Mr. Hlall, and it was agreed to. Mr. TODHUNTER. I move to str i ke o ut the following in this section, "m the session of said Board shall be limite d t o twenty days, " so ais to do away wi th all limitation of tim e in t he h o ld - ing of i ts sessions. tir. SKIFF. I hope that this amendment wil l not prevail. I think that the sessions of this body should be limited within a specified period of time. By the c reation of thi s Bo ard, we are creating a new branch of the government, which is to hold s essions annually. And I th in k it, therefore, a wise provision to limit them to some de fini te p erio d of t ime, within which they shall transact their business. Mr. TODHUNTER. I am opposed entirely to the s y stem of restricting deliberative bodies of any kind or cha ra c ter, and I believe they should have free scope for the performance of their duties. If we grant this Board the privilege of meeting here for the purpose of making rules and regulations with regard to schools, they should have ample time allowed them for the performance of their duties. There should be, in my opinion, no definite time fixed for their sittings, but they should have as long time as they think proper within which to mature their plans and regulations, and make them as perfect as possible. If they do their business in less than twenty days, and Mre able to finish it in ten, why they can then adjourn and go home. The length of their sessions should be left entirely discretionary with the Board itself. It is not at all likely that they will abuse this power. If they convene here for making rules and regulations, they will no doubt act judiciously. I am in favor, therefore, of striking out that portion of the section which limits them to a session of twenty days. The question was then taken, and the amendment was not agreed to. No other amendment being offered to the fifth section Sec ti on s ix was then read as f ollows: " The Board of Education shall organize by appointing from their body a presiding officer, 32d Da.] BOARD OF EDUCATION. 769 Wedner.day] [February 25th I Organization of the -Buard. BOARD OF EDUCATION. JOIiNSTON-SKIFF —HALL-GIBSON'-GOWER. and the appointment of a Secretary, and other inferior officers usual in legislative assemblies. They shall keep and publish a journal of their proceediCgs, which shall be distributed in the iarm.e rmanner as the journals of the General Assembly." Alr. JOliNSTON\. I move to strike out, in the second line, the words, " usual iin legislative assemhblies;" also, to insert in the place of " inferior," the word " necessary," so that the section would read as follows: arise under the oper ation s of the school system. All the States, I believe, have some officer of this kind. I havte made provision in this section, as the gentleman will see by referring to it, that an appeal may be taken to the Supreme Court fro m t he d ecisions of this officer. The power given under th e pre sent syst em to the county fund Co mmission ers, a nd the Superintendent oh Public Instruction, over the se matters, has nothing of a judicial character. It strikes me that if you would comkbin e a little judicial power with the other powers which are given to the Chancellor, over questions growing out of th e edu cational system of this State, you would h armonize a great m any things, which are now left in a n unsettled state. Ther e a re many questions arising in the organization of districts, the mode of keeping up schoo ls, th e build ing of school-houses, and a great miany other things, which the Chancellor could decide. "'Chancellor" is the best name we can give such an officer, because he would partially exercise a species of prerogative power, and to a little extent judicial power. I am not prepared strenuously to urge the adoption of this section upon the convention, neither am I willing to relinquish it. There being no amendments offered to this section Section ten was then read as follows: Ptublication cind Distribition of Regulations of the Board. Section seven was read as follows: "All rules and regulations made by said Board shall be published and distributed to the several counties, townships, and such school districts as may be provided for by said Board, and when so passed, published and distributed, they shall have the force and effect of law." -No amendments being offered to this seetion ",The Board of Education shall provide a system of common schools, by which a school shall be organized and kept in each district at least three months in each year. Districts failing to organize and keep up a school, may be deprived of their portion of the school fund." Mr. GIBSON. I move to strike out the word " three" and insert " six" in its place, so that a school shall be organized and kept in each district at least six months in every year. The question was taken and the amendment was a greed to. No further amendments being offered to this section Section eig,ht was then read as follows: "Said Board shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools and other institutions of learning that are instituted to receive aid from the school or universitv funds of the State." No amendments being offered to this section Section eleven was then read as follows: "The Board of Education shall establish one University, which shall be located at some central point in the State, provided, that until such time as such location may be made, and s uitable buildings erected, said Unive r sit y shall contiseue as at present loc ate dw." Mr. GOWER. I move to atmend this section by striking out the words "some central point in the State," and inserting in lieu thereof, ', Iowa City," so that the section would then read ",The Board of Education shalfl establish one University, which shall be located at Iowa City, Section nine was then read as follows: " Said Board may appoint a Chancellor, who shall have jurisdiction over all questions that may arise under the laws, rules arid regulations of the Board, and from all decisions and judgments of said Chancellor, an appeal may be taken to the Supreme Court." 5lir. SKIF?F. I should like to hear an explanation of this section. MAr. HALL. The object of having such an officer as is provided in this section, is to have some one to decide cases that will necessarily [32d Day.' 7'i'O [February 25th Wednesday,] The Bo,,ird of Education shall organize by ,tppo ntin,,, from tlleir body a presiding officer, ,in(i the appointment of a Secretary and other ,.)ecc,ss,-,r, officers. They shall keep and publisli a journal of their proceedings, which shall be distributed in the same manner as the journals of the General Assembly." The question was taken and the amendment was agreed to. 'N'o other amendments being offered to this section Common Scllools. Pozver of the Board. r U,iiiversity. School Chancellor. BOARD OF EDUCATION. WVe dnesday] SOLOOION-GIBSON-HALL- GOWER-PALM2IER. Provided, that until such time as such location may be made and suitable buildings erected, said University shall continue as at present located." Mir. SOLOMON. I really deprecate the introduction of this amendment at this time. We are at work here trying to form a system upon great organic principles, which shall establish the foundation of a system for the education of the youth of the State for years to come. I regret that this amendment is offered at this time, as it must introduce questions of a local character which will distract us in our deliberations from carrying out and promoting the great features embodied in this article. I can see no injustice in the section as it now reads. It proposes to have nothing at all to aedo withet ad th fixing the locality of the University of the State, but leaves the University where it i s now located, un til it s hall be remove d by the proper authorities to some o ther place, if such a thing shall ever be done. I hope, for this reason, that the amendment will not prevail, but that the section may be allowed to stand as reported by the committee. Mr. GIBSON. I thin k tha t the main features of this section ought not to be adopted at this time, and in order to accomplish this object, I move to strike the eleventh section out entirely. The CHAIRMAN. The re i s a motion now pending to amend the section, and the amendment of the the gentleman would not therefore be in order at this time. Mr. GIBSON. I think if this question with regard to the State University has to come up, we had better dispose of it at some other point. Here is already a report from the Committee on Miscellaneous Subjects, which pro poses to establish the State University permanently at IoNvw City. It is a question that per haps may lead to some discussion. As the question will come up in another place, I would like to have this section stricken out. Mir. HALL. I will ask the gentleman from Cedar [Mlr. Gower] to withdraw the amend ment he has offered, and let the section be stricken out. Mr. GOWER. I will withdraw it. ,)r. GIBSON. I now move to strike out th~ eleventh section. The question was taken and the motion wa agreed to. tSectio n thirt een w as then read as follows: "The Ge n eral Ass embly shall encourage, by all suitable mea ns, th e promotion of intellectual, scientific, moral, and agricultural improvements. The proceeds of all lands th at have be en, or hereafter may be, granted by th e United States to this State, for the support o f schools, which shall hereafter be sold, or disposed of, and'the five hundred thousand acres of land gra nted to the new States, under an act of Congress distributingd the proceeds of the public lands among the sever al states of t he Union, approved in the year of our Lord one thousand eight hundred and forty-one, and fryoe all estate s o f deceased persons who may have died without leaving a will or heir, and also such per cent. as may have been granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interests of which, together with all rents of the unsold lands aid such other means as the General Assemby may provide, shall be inviolably appropriated to the support of common schools throughout the State." There being no amendments offered to this section Section fourteen was then read as follows: "The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fine collected, among the several school districts of said county, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the Board of Education s hall from time to time provide." There being no amendments offered to this section Section fifteen was then read as follows: "The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons, to this State, for the use of a University, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of the University, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to 771 32d Day.] [February 25th The question was taken -nd the amendment was ar,,reed to. There being no further amendments offered to this section: Co?nnion School Fund. Universi(y Fund. University Fund. The twelfth section -was then read as follows: "The University lands, and the proceeds thereof, and all the raoneys belon,ing to said fund shall be a permanent fund for the sole use of said Ui ni versity. The interest arising from the same shall be annually appropriated to the support and benefit of said University." .Nlr. PAL.AIER. I move to strike out of the second line the word "said," and insert in lieu thereof the words "the state." BOARD OF EDUCATION. PALIER-G OWER-IHALL. [February 2 5 th iness; Provided, no rule, or regulation, or law, for the regulation and government of the School System, shall pass without the sanction of the majority of all the members of the Board, which shall be expressed by the yeas and nays, on the final passage." No amendment was offered to this section. The CHAIRMiAN stated that they had now gone through with the report by sections. Section sixteen was then read as follows: "The financial agents of school funds shall be the same, that by law, receive and control the State and county revenue, for other civil purposes." There being no amendments offered to this ,section Mr. GOWER. I offer the following additional section: " All moneys that have accrued, or may accrue, to the school fund of this State, under the second section of the ninth article of our constitution on " Education and School Lands," shall be received by the Treasurer of State; and aXl holders thereof are required to pay to the Treasurer, as fast as existing contracts mature.1 Section seventeen was read as follows: " The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the age of five and twenty-one years." .ir. P.LAIER. I move to add at the end of the section the words "in such manner as may be provided by the General Assembly;" so that the section would read " The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the age of five and twenty-one years, in such manner as may be provided by the General Assembly." I think there should be some little limitation to distinguish between the powers of the Legislature and the powers of this Board over the fund, and, therefore, I offer this amendment to provide for the distribution of this fund in such manner as the Legislature may direct. The question was taken, and the amendment was agreed to. No further amendments being offered to this section " On the first Monday in February, of each year, the Auditor and Treasurer of State shall distribute to each county their pro porti on of the fund, and the Coun t y Trea surers are a uthori zed to draw the same, to be dr awn by t he distri ct s or teachers, as provided by the General Assem bly-all to be done by ex-officio salaried officers, and wi thout charge to the said fund." The s ection which I offer here makes provision for placing the enti re schooI fund in the hands of t he Treasurer. It i s now sc attered all over the State, an d a gre at po rtio n of t it is liable to be lost. I believe it to be a safer plan to place it in the Treas ury, tha n t o have it dispers ed all over the State. The only off icers, whose duty would be increased by the section I propose, would be the A udi tor and Treasurer, who would be required to dis tribute to the counties their re spective proportions of this fund. Mr. HALL. The gentleman from Lee, [Mr. Johnston,] introduced a proposition, involving substantially the same proposition as that now presented by the gentleman from Cedar, [Mr. Gower.] There are quite a number of members of the convention, who are dissatisfied with the manner in which the school funds are now managed, and are disposed to call th em in and invest them i n s ome more certain and reliable way than that in whi ththe y are invest ed at present. I confess that I have thought of no well digested plan by which to effect this object, I think that we can accomplish the purpose we all have in view better by referring this subject to a select committee, who shall take it into consideration and report whether this fund shall remain in its present condition, or whether a constitutional provision shall be made by which it shall be otherwise invested. I will go as far as any gentleman to make this fund secure and to make the interest certain. We want to place it where it cannot be lost. I doubt the propriety, just at Compensation of Members of thbe Board. ['02d D ay 772 Wednesdv,y] provide eff-ectual means for the improvement and permanent security of the funds of said University." There bein uo amendments offered to this section-. A,qents of the Schoot T,,unds. Assumoption by State of School Fund. o.f School Funds. Section eighteen was then read as follows: 11 The Board of Education shall each receive the same per them and mileage as the compenE;ation as members of the General Assembly." Mr. PAL.QER. I move to strike out the word "as," and insert "of the," in lieu thereof. The question was taken, and the amendment was agreed to. No other amendments being ofered to this section Quorti,ni of the Board. Section nineteen was read as follows: 11 A majority of the Board of Education rhall constitute a quorum for the transaction of bus-, INCORPORATIONS-BANKING LAWS. WVednesday] GOWER-SKIFF-WILSON-WINCHESTER-CLARRE, of II., &C. [February 25th this time, of adopting such a proposition as that presented by the gentleman from Cedar. Mfr. GOWER. I will withdraw it. Mr. SKIFF. I move that the committee rise, and report this article as amended back to the convention, and ask to be discharged from its further consideration. The question was taken, and the motion was agreed to. The PRESIDENT having resumed the chair, The CHAIR.IAN reported that the committee of the whole, to whom had been referred the report of the committee on education and school lands, had instructed him to report the same back with sundry amendments to the convention, and ask leave to be discharged from its further consideration. The report of the committee of the whole was received, andleave granted accordingly. On motion of Mr. WILSON, corporations or associations with banking pow ers, nor shall amendments thereto, take effect, or in any manner be in force, until the same shall have been submitted, separately, to the people, at a general or special election, as provided by law, to be held not less than three m onths after the passage of the act, and shall have bee n ap proved by a majority of all the ele ctors voting for and against t t at such e lection." MTr. CLARKE, of Ilenry. I move to amend by inserting in the second line atter the word " the reto," t he foll owing " or acts of repeal thereof." I wouldsay that t his is the form in which this section passed the convention. It is allowing a law to go out of the same door throumh wh ich it came in. We now require that a law upon this subject afte r it has been passed shall go to the people to be voted upon before it shall take effect; and we should als o require, if th e legislat ure wis h to repeal it, that the act to repea l shall go to the people to be passed upon in like manner. There were very len gthy ar guments ma de by gentleen her e, sh owing the necessity of having such a restraint as th is, an d showing the insecurity that would res ult to st ockh older s an d others in embarking in corpo rations, if we allowed the legis lature to r epeal the laws creating these corporations, and give the m the constitutional right to do so, without some check of this kin d. Mr. CLARK, of Alamakee. It s eems to me that t er is o n esito at there is no necessity for adopting the amendment proposed by the gentleman from Hnenry, [Mr. Cla rk.] There i s a pro visio n in this report, which requires a two-thirds vote of the legislature to repeal any law granting t hes e privileges. It hink the tiins the check it is nec essary to th r ow aroun d t his subject. Mr. PARVIN. I see many alterations in this report from th at which passe d the convention. In that report we had some restrictions thrown around the le gi s lature in reference to bankinga. The commit tee have seen pro per to make a report here without providing for any such restriction. If the convention are willing to authorize the legislature to create banking corporation s w i thout any restrictions as to the amount to be iss ued and withou t an y individu - al liabilities whatever, I do not think it is necessary to restrict the legislature in reference to repealing those acts. I hope the convention will adhere to the restrictions they placed upon the legislature in regard to banking institutions, when the subject was before the convention a few days since. Mr. CLARKE, of Johnson. I am opposed to the motion of the gentleman from Henry, [AMr. Clarke.] It is true that this report, as made by the select committee, does not entirely meet my views; but I have been here long enough to know that the individual wishes and views of every member of this convention cannot be satisfied. Although there are some things in this report that I should not individually put in, if Y On motion of inr. WINCHESTER, The report of the select committee on corporations was then taken up. The PRESIDENT stated that the report would be read through by sections. The first section was then read as follows: "No corporation shall be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided." No amendments being offered to this section Section two was then read as follows: " The property of all corporation s for pecuniary profit, n ow existing, or hereafter created, shall forever be subject to taxation, the same as property of individuals." No amendments being offered to this section Section three was then read as follows: " The State shall not become a stockholder in any corporation, nor shall it assume or pay the debt or liability of any corporation, unless incurred in time of war for the benefit of the State." No amendments being offered to this section Section four was then read as follows: " No political or municipal corporation shall become a stockholder in any banking corporation, directly or indirectly." No amendments being offered to this section Section five was then read as follows: ',No act of the General Assembly, authorizing 98 I I 773 32d Day.] The report as amended was laid on the table Rnd made the special order for to-morrow at 9 o'clock, A. Al. Incorporations. Banlcing Laws. BANKING LAWS. HIIARRIS-PALMER-CLARKE, of II.-HALL. [February 25th o haps it would be proper for me to say somee thing in its defence. When the article was re- ferred to the special committee it was encum- bered with some ten or twelve sections in addi- tion to what it now has, and which gentlemen e called restrictions. They were all, as I think, properly the subjects of legislative action. We e were attempting in a constitution to do the work - properly belonging to a legislature. We seemed s to have started out with the idea that we were sent here to create a banking system and to pro vide all the minutia necessary for its complete and perfect operation; and thus we had intro- duced into the constitution a large amount of ) matter which properly pertains to legislation. r We are endeavoring in fact to limit and tie down - this banking system to the views of this con* vention, so that there can be no change made by - the legislature. From the very start I have been opposed to this; and I have heard no ar-gument in favor of it, except an argument which 1 appears to me to slander the legislature which e shall come after us, an argument which im peaches the integrity of the very institutions which we ourselves in another article of this same constitution are creating. Further than that, the restrictions went so far as to take this from the power of the people; because we prot vide that any law to be passed upon this subr ject, shall first be acted upon and passed by the r legislature of the State, before it can be sub mitted to the people. It must first pass into a law by the legislature, and then before it can have any validity, it must be submitted to a vote , of the people of the State, and a majority of the votes of the people must concur in it. With 1 these checks and these guards thrown around it, t to ward off any possible harm that could other wise grow out of the experiment of banking, notwithstanding all my anti-bank notions, I [ have no earthly objections to the plan. Indeed I feel that it is for our interest. I think it is the duty of this convention to leave these mat ters, through the legislature, to the people. If we should make a mis-step here; if we should throw around the system difficulties not to be overcome, giving the people not that which they [ ask, but such a form as will be totally worthless to them, we should not be performing our duty to the people who sent us here. What greater checks, I should like to know, doyou want, than the checks which this article throws around the banking system? Is not the legislature one check? Is not the vote of the people another check? Do we not provide for this system all the protection which we provide for the consti tution itself? And will not that law, when agreed to by the people, have in addition to all the sanction of a law passed by the legislature upon the subject of banking, all the sanction and sacredness of the constitution itself? Do gentlemen doubt the right? Are they fearful? Is it a matter that that must be guarded against by an instrument, which, when it has been adopted by a majority of the people, has no greater validity and is sanctioned by no higher power? It does appear to me that we are t oo were alone to be consulted, ye t I am willing tv take it as a compromise. We have spent some time in the consideration of this question of in corporations; and we have put together an ar ticle here which to my mind would have pre vented the very object and purpose of the people iu calling this convention, This report in somo degree relieves that article of its objectionable features, and I am willing to take it as a com promise. I think it is the best we can do in this convention. Under it the power is left to the people to create banking institutions through the general assembly, and have no doubt the general assembly will provide all the restric tions that have been attempted to be put into the constitution. I doubt not that the matter may be safely left in the hands of the legisla ture. I am willing therefore to accept the re port as a compromise, not to meet my own indi vidual opinions upon the subject. Entertaining these views I trust the majority of the conven tion will coincide with me, and that we shall put an end to one vexed question by agreeing to the report of the special committtee. Mr. HARRIS. What is the precise position of this matter? I wish to return to what was done in the convention before the report was sent to this committee. I am in favor of letting the matter stand as it was, and I wish to know what is the proper parliamentary course by which to reach that object. The PRESIDENT. This report comes back as the action of the select committee. before the question is taken upon adopting the report, it is open to amendment. When amended the question will be then upon concurring with the report of the committee, that is, concurring in the amendment ofthe select committee to the article referred to them. Mr. HARRIS. Then if we do not concur, 1 suppose it falls back where it was before it was referred. The PRESIDENT. Precisely. ]Ir. HARRIS. Then I hope the convention will refuse to concur. Mr. PALMER. I desire simplyto say that I prefer the action of this convention heretofore upon this question, and shall therefore vote against the amendment recommended by the select committee. Mr. CLARKE, of Henry. I will withdraw my proposition to amend. I should prefer to have the question come up directly, as suggested by the gentleman from Appanoose, [Mr. Harris,] upon the report of the select committee. I should prefer that the question should be taken directly upon concurring with this report, so that if we do not concur we can go back to our work as we left it the other day. I ask leave to withdraw my amendment. Leave was granted. M!r. HALL. The question is now upon concurring with the report. As a member of the eommittee who recommended this report, per [32d Day. 774 Wednesday] 32d Day.] BANKLN~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ LAWS. 77~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Wednesday] WILSON-llAnaIs-CLARKE, of ll.-flALL-TRAEi. [February 25th and I think we had met the views and expectations of the Convention more nearly than they are expressed in this report. As to what has been said by my friend from Des Moines [Mr. Hall] about these restrictions, I have only to say that if capitalists will not invest their money with these restrictions, it is sufficient evidence that they ought not to have b anks. If corporations, or individuals in a private capacity, will not invest their money without having these restrictions taken out of their way, it is an additional a rg ument for our h aving no banks at all. I am prepared to vote to keep these restrictions in, and I have no fear as to wha t my constituents will say. These remarks do not apply to me; for I am not manufacturing bunkum at all. I am doing what I think is right, and I am prep ared to st a nd by it. Mr. CLARKE of Henry. I desire to say one word in order that I may be perfectly understood. It is well known that I consider the principles embraced in these amendments as necessary to be incorporated into our Constitution. No one has contended for them more than I have. But I shall vote against the amendment at this time, believing that it will be easier for us, and that it will take less discussion to take up the report as it went into the hands of the committee and to complete it, than to attempt to take up this report made by the special committee and add all the amendmendments necessary to bring it up to what this body reallywant. It will take us longer to go over this, and incorporate into it the amendments actually discussed and passed here, than to go over the old report, and to consider the amendments which gentlemen may wish to make. I shall therefore at this time vote against this amendment, hoping that these principles which I desire to have adopted will be offered hereafter. Upon this question Mr. HALL called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, upon the amendment of Mr. Wilson, it was adopted; yeas 22, nays l1, as follows: Yeas-The President, Messrs. Ayres, Bunker, Day, Ells, Emerson, Gibson, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Todhunter, Wilson and Winchester. Nays-Messrs. Clark of Alamakee, Clarke of Henry, Clark of Johnson, Edwards, Gillaspy, Gower, Gray, Hall, Skiff, Solomon, Traer, Warren and Young. timid upon this subject. We ha ve taken an improper course, and may defeat the v ery object we hae ae in view. Gentlemen may say tha t their c on stituent s th ink it is all right, and look for and ex p ect these things; but I tell gentlemen that their constituents will understand this as well as they doe. T hey are no t suc h fools as to be caught in such traps. They know that the legislature, selected by the i r own votes, is safe enough. T he man who will not believe that, will be rar e to be found. It is check enough, guard en ough, protection enough. For mypart I am disc)osed to stand by the report, believing that it contains every provision which is necessary or es sential. In th at w e have th e legislature and th e p eopl e to put the ch ecks and the g ua rd s in a proper form, and to modify them if not right. That is the proper way for us to leave it. We should give them that privilege. Let us not fa sten it here, so that if the checks should prove imperfect, should prove too stringent or n ot st ringent enough, it canno t be remedied; but lt t us l eave it to t he legislature and the people to change it. If the legislature should pass a law, and it should appear that there were not restrictions enough, they could add to them. If it should appear that there were too many, they could remedy that. Let us give them a little liberty. Let us not put the banking system into an iron cage, and confine it under a discipline it cannot survive. If gentlemen will look at the principle, I think they will be ready to permit this to take a form in which we can vote for it. .Jr. WILSON. I wish to move to add an additional section to the the report of the committee to come in as section seven: "If' a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of the State, of all bills, or paper credit designed to circulate as money, and require security to the the full amount thereof, to be deposited with the State Treasurer, in United States stocks, or in interest-paying stocks of the States in good credit and standing, to be rated at ten per cent, below their average value in the city of New York, for the thirty days next preceding ther deposit; and in case of the depreciation of any portion of said stocks to the amount of ten per cent. upon the dollar, the bank or banks so depositing shall make up such deficiency by depositing additional stock. Said law shall also provide for the recording of the names of all stockholders in such corporatiois, the amount of stock held by each, the time of any transfer, and to whom." Mir. HARRIS I have no objection to the amendment, and I shall vote for it as an amendment to the report; but I then shall vote against the report as a whole, even as amended. If the report is to prevail, I should like to have that amendment in it. As I said before, I am in faivor of taking what we have done in Convention. We had spent some time upon that, 32d Day.] BANKING LAWS. 775 Wednesday] WILSON-HARRIS-CLARKE, of H.-IIALL-TRAER. [February 25th Secui-ity of Banks. County and City Indebtedness. Mr. TRAER moved to amend section four by adding the fullowin-: 11 or become a stockholder in, or loan its credit to, any work of internal improvement to an amount exceeding one hun. dred thousand dollars;" so that the section shall read: COUNTY AND CITY INDEBTEDINESS. TODHIUNTER-TRAER-CLARKE, of J.-SOLOMON, &c. upon the record as opposing this county indebtedness. I have no disposition to discuss the question further. I already understand how the members of the Convention regard this question, and shall only ask that I may have an opportunity to place myself right upon the record; and, with that view, I call for the yeas and nays. " Sec. 4. No political or municipal corpora tion shall become a stockholder in any banking corporation, directly or indirectly; or become a stockholder in, or loan its credit to, any work of internal improvement to an amount exceeding one hundred thousand dollars." Mr. TODHUNTER. I would call attention to the first rule on page sixty-two of the Manual: " 95. First Rule. When a proposition con sists of several sections, paragraphs or resoll tions, the natural order of considering and amending it is to begin at the beginning, and to proceed through it in course by paragraphs; and when a latter part has been amended it is not in order to recur back and make any alteration or amendment of a former part." The PRESIDENT. That is the general rule, but the practice here has been different. It has been usual to allow a member to recur to a preceding section, when a report has not been read through by sections. In a Convention like this the Chair is of the opinion that it would be bad policy to insist upon the rigid unforcement of that rule. Certainly it would not be in accordance with the custom which has prevailed here. Mr. TODHUNTER. It certainly occurs to me that, as we have amended the latter part, it would now be a violation of the rules to recur back to a former section. The PRESIDENT. The chair is inclined to entertain the motion for the reasons already stated. Mtr. TRAER. I suppose this amendment will be voted down. Yet I am fully convinced that we ought to place some limit to county indebtedness, and I am almost prepared to say that we should not allow them to run in debt at all. I am satisfied that the system is a bad one. In all probability the best thing we can do, if we do anything at all, is to limit that indebtedness to a certain amount. Then they may go into debt to that extent. We have provided that the State debt shall not exceed two hundred and fifty thousand dollars; yet, under this system of county indebtedness, the State is already in debt four or five times that amount. I should urefer to say that the counties should not go into debt at all, to leaving it unlimited; for I believe that it will result in the ruin, almost, of the people of this State, unless we adopt a provision of some kind in the Constitution. There appears to be no limit to the extent to which the people are willing to vote themselves into debt for the sake of securing these internal improvemerits. Some of the counties in this State are already in debt to the extent of more than half a million dollars. They have already issued their bonds for that amount. So far as I can learn, the State is now in debt some ten or twelve millions for these objects. It we allow this to go on, there is no telling where it will stop. I fear we should soon be where the State of Pennsylvania is at this time-almost bankrupt. I have felt it to be my duty to make some effort to stay this. I can, at least, put myself Mr. CLARKE, of Johnson. I move to amend the amendment by striking out the words "one hundred thousand." I wish to move, afterward, to increase the amount. Mr. EDWARDS. If that is stricken out, I shall offer an amendment to restrict it to ten per cent. upon the taxable property of the county. Mr. JOHNSTON. I hope the motion of the gentleman from Johnson [Mr. Clarke] will not prevail, and t hat the ame ndment of the gentleman from Benton [Mr. Traer] will be voted down. We have had the whole matter very thoroughly and fully discussed before, and as a compromise, I myself moved to strike out from the constitution everything upon this subject, so as to strike out both the prohibition and the recognition of county indebtedness. The amendment of Mr. CLARKE was rejected. The question recurred upon Mr. TRAER'S amendment. Mr. SOLOMON. I hope the amendment will not pass. It does tw o t hings, both of which I am opposed to. In the first place, the amendment places restrictions upon the people, assumes that we shall define what is best for them to do, instead of leaving them to decide for themselves. I think we know just about as little of the capacity of any individual county to take stock as any body of men can know. It should be left to the people of the county themselves. It is a question which pecuniarily interests them only. It is to affect their future alone. I cannot conceive why this limit should be placed upon the counties, when we allow the entire State, by a vote of the people-the same kind of a vote, t* assume indebtedness. I think the intelligence and the judgment of a county, so far as their own limits are concerned, are as great as those of a State. I am opposed to the amendment, therefore, that it assumes to decide for us what we should have the privilege of deciding for ourselves. My other objection is this: It is known to a majority of this convention, and perhaps to all, that the voting of loans by counties to railroads and other internal improvements, is questionable as a matter of right, under our present constitution. Now, I undertake to say, that if we adopt this amendment, we shall adopt something which will, by implication, at least, conf~:r upon them the power of running in debt to the amount of one hundred thousand dollars. The counties are component parts of the body politic, organized for certain purposes i and it is a great question whether this is one of the purposes. If we adopt this amendment, it con 776 [32d Day. Wednesday] LFebruary 25th COUNTY AND CITY INDEBTEDNESS. -Vdedy GLR-ILsvT-~.[eray2t difference does it make whether the state be comes indebted by county subscriptions or by state subscriptions? The principle is the same. You involve the state in debt, and taxes are levied which willbe burdensome. You ruin the prospects of the state in permitting wild-cat speculations in railroads to be carried on while a majority of the people ofthe state may be op posed to it, but have yet had no opportunity to express their will through the ballot box. I fear that it is very often the case that these votes are carried thllrough by improper influences, which the people if left,tlone would upon mature reflection never have adopted. As I have before stated, this state is already in debt about twelve millions of dollars incurred in this way. The county subscriptions in the shape of bonds have become depreciated, so that it is almost an im possibility to obtain for them anything like a fair value. You cannot now get over seventy five per cent for them: and soon you will be unable to sell them for more than fifty per cent. The result is that you are running the state into debt without any remuneration for it. You re c eeive fifty or seventy-five per cent., pay interest, and when the bonds mature must pay the full value. I believe this system should be stopped just where it is. I do not believe that another county in the state should be allowed to take one cent of stock. Yet for the sake of com promise, in order to settle the question, I am in favor of putting into the constitution a restriction, and leaving it to thepeople to say whether they are in favor of it or not. I am satisfied that the people will uphold the convention in taking that position. I believe that there are hundreds ofmen who will vote for this constitution, who belong to the same party with the gentleman, if it contains this restriction, who will not vote for it unless there is some restriction. I am as fully convinced ofthat as, as I am of any other fact stated in this convention. I know that in the region of the state in which I reside, there are many of the party to which he is supposed to belong, who are in favor of a restriction. Suppose that this system of county indebtedness is allowed to continue, what will be the result in five years from this time? By the lowest possible calculation, we shall find that by leaving the question without restriction as proposed by the gentleman from Wapello, [Mlr. Gillaspy] the people of the state will have incurred a debt of thirty or sixty millions of dollars within five years from this time. I ask the gentleman how we are to manage to pay off even the interest of such a debt as that, to say nothing about the principal itself. The gentleman from Johnson, [Mlr. Clarke] suggests that the roads increase the amount and value of property, This is very true. They may to some extent, and I know that is the argument held out to induce people to vote forrail-road grants. This is their argument. Vote for this railroad here and your farm will be worth fifty dollars an acre, while now it is only worth ten dollars. Make a man believe that that will be the case, and you at once secure his fers upon them by direct implication the power to incur a debt of one hundred thousand dol lars. I am opposed to the amendment. Mr. CLARK, of Alamakee, moved to strike out " one hundred thousand dollars," and to in sert "six per cent. upon the ass essed valu e of the taxable property of such municipal or polit ical corporation." Mr. GILLASPY. I desire to say in explana tion of the vote which I gave a few moments ago, upon the motion of the gentleman from Jefferson, [Mlr. Wilson,] that I was opposed to the creation of this special committee. I was satisfied that the convention had advanced far enough, in its consideration of the article upon incorporations, to be ready to come to some conclusion long before this. It has already been said that the propriety of sanctioning indebtedness of counties in aid of internal improvements, was a matter of doubt in the minds of some gentlemen at that time. I stated, at that time, that I did not know what was the wish of the people of my county in relation to the matter. Since then I have received various letters, all of which are in favor of leaving this matter for the counties to regulate for themselves. And there has not been a solitary petition presented to this convention, or a solitary article published in the newspapers, so far as I am aware, taking the opposite view of the question. I think this question does not legitimately belong to us. I speak for myself, at least, when I say that I am willing to let this stand where it stood in the old constitutionleaving the people to judge of the facts for themselves. Gentlemen seemed to be frightened almost to death in the early part of the session, and put various things into the constitution, which have since been voted down. I think there is just about enough now in this constitution to defeat it. Add a little more, and I will answer for it, that it will be defeated. I am opposed to any restrictions. I shall vote against the adoption of the report. I shall vote against all the amendments, and finally against the report itself. Mir. TRAER. I have no objections to accepting the amendment. Aly only object was to put in some restriction; that we may have some limit where the country indebtedness shall stop. I hope the convention will indulge me a moment to say in reply to the gentleman from Wapello, [.~Ir. Gillaspy] that I have no fear that the constitution will be voted down; and if I had any fears upon that subject, it would not deter me from doing that which I conceive to be my duty and to be right. I should do that if I thought the constitution would be voted down, and leave the consequenceswith the people. Now I say that there is a principle in this amendment which should be adopted. We see that the state is running to extremes in its county subscriptions. This will certainly eventuate in ruin unless some check is interposed. I would like to aski those gentlemen who are opposed to state ndebtedness, what is the difference? What 32d Day.j 777 Wednesday] CLARK-GILLASPY-Tl',AER. [February 25th COUNTY AND CITY INDEBTED Wediiesday] GILLAsPY-JonNvON-soLoMoN, &c. LPebruary 5tIi The eastern counties have voted loans for the purpose of building railroads from the Nlississippi to the Missouri river, with the expectation that the same privilege would be extended to the counties west of them, and thus that there would finally be a continuous road traversing the entire State. And for the convention to say to-day, by their votes, that the people shall be deprived of' that right, is uncalled for, and, in my judgment, it is wrong. As I stated upon a former occasion, my county has already voted for one road-and a very important road-one hundred thousand dollars, the road from Burlington to the Missouri river. She may desire, and I believe she will at the proper time, vote a loan to the Keokuk, Fort Des Moines and Minnesota Railroad. I think she may wish to do that; and I intend, so far as my vote is concerned here, that she shall have the right to do so when she desires. I know that to-day the people of my county-and we are most of us tax-payers there-would be willing to vote a loan of one hundred thousand dollars to extend the North Missouri Railroad from the State line to the town in which I reside. I know they intend to do it, unless the wisdom of this convention should forestall their action; something which I do not believe will be done; certainly I hope it will not. In contracting debts for myself, I have no regard, so far as any law or constitution is concerned, to any limit; and I hold that any county is just as capable of contracting a debt as I am, or as any other individual; and they are just as responsible for it. They will have to pay the debt, and they should have the right and privilege to contract it upon all occasions, and at all times, for purposes of internal improvements, which they regard of sufficient importance to justify the loan. I hope, therefore, that the amendment offered by the gentleman from Benton [Mr. Traer] will not prevail. Mr. SOLOMON. This amendment changes the features of this question. As prepared, the amendment was to limit the counties to one hundred thousanl dollars. The amendment, as it now stands, is tolimit them to six per cent. I merely wish to throw out one or two suggestions with regard to this; not that I have any fear that it will be adopted, but because I think that justice to my section of the country, my constituents, and also to myself, require me to do so. This proposition will change the nature of railroad loans entirely. Now I ask gentlemen to consider the present condition of the country in regard to that subject. Along the line of the railroad upon which I live, five or six counties have already taken stock. The county of Des Mioenes, and four or five counti es west of it, have taken stock in the railroad from Burlington to the Missouri. Several other counties propose to take stock. My own county has subscribed to the amount of two hundred and fifty thousand dollars. If' this amendment should prevail, the intermnediate counties would be prevented from taking stock to anything like the extent to which these other counties have already taken it. Yet vote. That is the very reason I am in favor of ai limitation. If men have the value of their land raised to that extent, they think it is a good o p erat ion,,and they will vote for it. They do not reflect much upon the subject. These votes are always carried under an excitement. That is the first object, to g et antexcitement and rush the matter thouh w ithout allowing the cute people time to reflect. I say that the position which has been taken by the gentleman from Van Buren, [MIr. Ayres] in favor of an entire prohibition is righ t in pr inciple. I am satisfied of that, and am only will ing to go tothis limit, from the frac t that I believe we cannot c arry anything like a positive limitation, and I want to obtain the best thin, that I possibly can for the people of this state. I wish to place myself right upon this record; for just as sure as the day rolls around, in five years from this time there will not be a gentleman present who will be willing to own that-he opposed such a proposition as this, here and to-day. MIr. GILLASPY. By leave ofthe convention I wish to say one or two words. I am astonished at the gentleman from Benton, [MIr. Traer.] He seems to have lost allthat love and all that confidence which he had in the early part of the session for the intelligence of the dear people. If I mistake not he has been one of the loudest gentlemen upon this floor in speaking of the intelligence of the people. I am unwilling that the gentleman should throw out an imputation as he has now done here, upon the class to which I belong. He has said virtually that the farmers of this country are fools. He says you cannot go to them-I suppose he means a lawyer from the city cannot go to them — and tell them that their farms which are now worth ten dollars will be worth fifty dollars, without his being ready to vote for anything to accomplish so desirable a result. I think he would find two honorable exceptions to thatthe representatives of Van Buren county upon this floor, [Messrs. Ayres and Day.] Now I venture to say that the farmers of this country are just as intelligent, and just as capable of juiidgig what is right and proper for them to do, as the gentlemen of the legal profession hovering around the court house. Mr. JOHNSTON. I will call the attention of the gentleman from Wapello [Mr. Gillaspy], to the fact that the gentleman from Benton [Mr. Traer] is a doctor, and not a lawyer, as I understand. AMr. GILLASPY. Then I will extend it, and say that the farmers of the country are just as capable of judging for themselves as gentlemen of the learned professions of judging for them; just as capable as the bankers of the country; and that certainly will include the gentleman, for he is set down as a banker in our list of members. I say that the farmers of this State are just as capable of judging what is right and proper for them to do as any gentleman sitting in this convention. And now it is proposed, in the absence of a solitary petition, to overturn the universal practice.; 778 ESS. 1[32d Day [I.,Iebruary 25th Wednesday] GILLASPY-JOHNSTON-SOLOMON,,&C. r COUNTY AND CITY INDEBTEDNESS. Wednesday] CLARK-TRAER-CLARKE, of HI.-PETERS-SKIFF-WILSON. [February 25th these counties which have taken stock have done so with the expectation that the intermediate counties would bear the burden with them, and authorize a subscription to the roads equal to their own, which this amendment will prevent them doing. I wish to call attention to another feature in regard to the amendment. Although my coun ty has voted two hundred and fifty thousand dollars to the Burlington Railroad Company for their Railroad; and although at the proper time her bonds will issue for that amount, still there is a condition in the vote which amounts to a great deal. Mills county does not propose at this moment, this day, or next week, to assume the is suing of her bonds, and exchange them for stock in the Railroad Company, but they pro pose to do that at some future period. She has said, as a condition of the grant, that the bonds shall not be given by her officers, and shall not be required by the company, until the road has been completed to the limits of Mills County. Now if you put this amendment in force, what is the result. Mills county under that amend ment could not have voted at the time she made this loan, for a loan of one-fourth the amount. But I undertake to say that when the time shall come for the issuing of these bonds by Mills county, she will be authorized, even under that amendment, to incur nearly, if not quite, that amount of indebtedness. If the amendment prevails, the other new counties, which may wish to vote a loan to this railroad, will have to come within the limits prescribed in the amendment at the time they vote, and thus, perhaps, they may not be able to vote any amount which would be of any material value to the railroad enterprise. If we impose any limit at all-and I am opposed to any limitation-it should be prospective. The provision should be so formed that the county should not go over and above a certain ratio at the time the bonds shall be issued, if it is to be made equitable at all, for that is the way these bonds are voted. I hope the amendment will fail for still another consideration. The fact is that if there is any danger in assuming this county indebtedness, my own county has already got her head under the fence, and I am opposed to anything which will leave her to stand still where she is, and prevent the other counties along the line from coming to the rescue. Again, the right of counties hereafter to assume indebtedness, and the right of the counties which have thus assumed it, are questionable. The Supreme Court may decide that these bonds will be illegal and void. If they are to fall at all, I wish the whole of them to fall together. been thoroughly discussed once before, and I move the previous question. The demand for the previous question was seconded, and the main question was ordered. Clr. TRAER accepted the amendment of h rr. Clark of Alamakee. The question was then stat ed upon the amendment as modified, to add to section four the following: " Or become a stockholder, or loan its credit to any work of internal improvement to an amount exceeding six per cent. upon the assessed value of the taxable property of such municipal or political corporation." The question being then taken, by yeas and nays, the amendment was not agreed to; yeas 11, nays 24; as follows: Yeas-Messrs. Clark of Alamakee, Edwards; Ells, Gray, Hollingsworth, Seely, Skiff, Tod hunter, Traer, Warren and Wilson. Nays-The President, Me ssrs. Ayres, Bunker, Clarke of Henry, Clarke of Johnson, Day, Em erson, Gibson, Gillaspy, Gower, Hall, Harris, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Solomon, Win chester and Young. The question was stated upon the report of the special committee as amended. Mir. CLARKE, of Henry. If that is rejected we recur to the old form. The PRESIDENT. That is the opinion of the chair. The question being taken, by yeas and nays, upon the report of the special committee, it was rejected; yeas 18, naysl9, as follows: Yeas-The President,,Iessrs. Bunker, Clarke of Johnson, Edwards, Gibson, Gower, Gray, Hall, Hollingsworth, Johnston, Price, Skiff, Todhunter, Traer, Warren and Young. Nays-Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Ells, Emerson, Gillaspy, Harris, M~arvin, Palmer, Parvin, Patterson, Peters, Robinson, Scott, Seely, Solomon, Wilson and Winchester. Mr. PETERS moved that the convention take a recess until 7 o'clock P. M. Mr. SKIFF moved that the convention adjourn. The motion to adjourn was rejected, upon a division; ayes 15, noes 18. The motion to take a recess was rejected. Mr. TRAER. What is the position of the question? The PRESIDENT. The report is before the convention as it was before it was referred to the special committee. Mr. WILSON. I offer the following as a substitute for section two. To strike out " Corporations may sue and be sued, and their property shall be liable to taxation in the same manner as natural persons; and the liabilities, powers, privileges, and duties of stockholders in corporations may be fixed and defined by law, subject to the provisions hereof." And to insert " The property of all corporations for pecuniary profit, now existing, or hereafter created, 779 2d Day.] MISCELLANEOUS. SOLOMON-SKIFF-CLARK-GILLASPY-CLARKE, of H., &C. [February 26th shall forever be subject to taxation, the same as property of individuals." I think it is wholly unnecessary to provide that a corporation shall sue and be sued. They would be liable to that without this provision. It is that which constitutes the very life of a corporation. And so with regard to the latter clause of the section; it is merely providing for something which would exist without it. Mr. SOLOMION. We are just commencing to amend this article; it is late; and I move that the convention adjourn. MNIr. CLARKE, of Johnson. I move to substitute the amendment which I send to the chair for section six to section seventeen inclusive; and upon that I call for the yeas and nays. The PRESIDENT. The chair will inquire whether this has been before the convention heretofore. Mr. CLARKE, of Johnson. I think not, sir. It was in committee. The PRESIDENT. It is the impression of the chair that it has been; and if so, it is not in order. Mr. CLARKE, of Johnson. If the Secretary will look at the minutes, and finds that I am right upon the recor d, I am satisfied. Mr. PATTERSON moved th a t the c onvention adjourn. The question being taken, oy yeas and nays, upon the motion to adjourn, it resulted-yeas 21, nays 14-as follows: Yeas —Messrs. Bunker, Clarke of Johnson, Edwards, Emerson, Gower, Gray, Hall, Hollingsworth, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter and Young. Nays-The President, Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Ells, Gibson, Gillaspy, Harris, Marvin, Traer, Warren, Wilson and Winchester. The convention accordingly adjourned until to-morrowv morning, at 9 o'clock. The motion was rejected; ayes 15, noes 18. Mr. SKIFF. I move that this subject of in corporations be laid upon the table, and made the special order for Friday morning. I am not now prepared to vote upon the subject. It has been some time since the article has been before us in this form, and my copy of the report has been taken from my table. 5Ir. CLARK, of Alamakee. I hope the motion will not prevail. Upon this question 5Ir. GILLASPY called for the yeas and nays, which were ordered. The question being taken, by yeas and nays, upon the motion to lay upon the table, it was not agreed to; yeas 17, nays 18, as follows: Yeas —Messrs. Bunker, Clarke of Johnson, Edwvards, Emerson, Gower, Gray, Hall, Hollingsworth, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Traer and Young. Nays-The President, Mlessrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Ells, Gibson, Gillaspy, Harris, Johnston, Marvin, Palmer, Parvin, Patterson, Todhunter, Warren, Wilson and Winchester. The question recurred upon Mr. Wilson's amendment. ~AIr. CLARKE, of Henry. I find in the old constitution a provision similar to that of the second clause of this section proposed to be amended, leaving it to the legislature to define the liabilities, powers, privileges, and duties of stockholders. The old constitution provides that "1 The stockholders shall be subject to such liabilities and restrictions as shall be provided by law." With regard to the portion of the section prescribing that corporations may sue and be sued, the gentleman will find it in nearly every other State constitution-and it grows out of this-not that they cannot sue and be sued without this, but because the Legislature will grant them certain privileges, and we must guard against any corporation becoming independent of the constitution. I am in favor of keeping that section exactly where it stands. The question was then taken upon the amendment proposed by Mr. Wilson, and it was rejected, upon a division; ayes 7, noes 11. The C onvention met a t 9 o'clock, A. M., and was called to order by the President. Prayer by the Chaplain. The journal of yesterday was read and approved. The PRESIDENT announced as the select committee to which was referred the resolution in regard to the distribution of the journal of the debates: Messrs. Winchester, Hall and Todhunter. Mr. GIBSON. I offer the following resolution: "Resolved, That this convention meet each evening at seven o'clock, in addition to the regular sessions, during the remainder of the sitting of the convention." I believe that under the rule that resolution will be required to lay over for one day. My object in offering it is to expedite the business of this convention. We have a great deal of business on hand, and the time of adjournment is near at hand. But a few days remain. It strikes me that it would very materially aid in expedi 780 [33d Day. Thursday] TET;F-S,-)AY, February 26tb, 1857. Miscellaneous. SCHOOL FUND-INCORPORATIONS. SKIFF-H.ARRIS-JOHlNSTON-CLARKE, of J.-WILSON, &C. [February 26th tidcle on incorporations. I wishl to have that finished and out of the way. The motion was agreed to. Mr. WILSON. I rise for the purpose of mov ing to reconsider the vote taken yesterday by which the convention refused to concur in the report of the special committee on incorpora tions. I find a disposition upon the part of the friends of the report now pending before the convention, to hold this convention to that re port as it now stands. With that I am not sat isfied. If I had been satisfied with that report, I should not have moved its reference to a spe cial committee. I voted for some things in that for the purpose of keeping along with its friends, in order to amend it finally and to bring it near er to my views. I find that that would be use' less to attempt. I find upon the part of the friends of the report of the special committee, on thie other hand, a disposition to compromise. The friends of that report have yielded one point for which I have contended ever since the question came into the convention, that in relation to the right of appeal. That point was yielded, and that amendment placed in the report yesterday, in relation to stock banks, meets my views nearer than the corresponding section in the report now before the convention. As I understand that the friends of that report are willing that it should be modified in another respect, and as I find that there is a greater disposition upon their part to yield and allow it to be put into a proper shape, I move to recons der the vote r ejectinges th e report of the special committee yesterday. ATr. CLARKE of Henry. It is well known that at the tie there was a motion made here that the report of the standing committee on incorporations should be referred to a select committee, I opposed the resolution. We had had more discussion, and more careful examination of th at report th an o f an y re port which had been before the convention. Every s ecti o n was critically examined. Every iamendmen was duly we ighe d a nd discussed. And t his Convention deliberately passed upon each section of that report. Ne arly every amendment that wras adopted, was carried by a large majority. There was not a single section which the gentleman could put his finger upon, which wa s not adopted b y a large majority of this body. If th is is to be sanctioned, that because members do not have all their ideas and favorite plans inserted in the Constitution, they must have special committees, to make special reports, and to strike out half the work of the whole body, and if we are to accept of their action, I say that it is time we should know it. i It certainly is a most singular proceeding. Are twe here like a parcel of boys, to build cob houses to-day and to tear themn down to-morrow? D~id we not go through and complete this? Wa~s not all the work done ulp to enrolling, when the special committee was sprung upon the body, and adopted buy.a majority of Asone vote? At an early period of the session, I offered a resolution, calling the attention of the committee on the school lands to this subject. Their re port has come in without any provision with regard to the permanent school fund. The members of the committee inform me that they are all in favor of some permanent investment of this fund, and desire that the subject should come up as an amendlment to their report. I drew up such an amendment and presented it to several members; but I found that while they all xgreed wit regard to the importance of the subject, and the propriety of making an investmnent, there was some difference of opinion as to the details. At the suggestion of some gentlemen yesterday, I offer this resolution this morning, that we may have the whole matter investigated and a section reported. I think if the jesolut on should be at once adopted, the committee could put an amendment into shape today to be presented when the subject comes up. The resolution was agreed to. The PRESIDENT appointed Messrs. Johnston, Clarke of Henry, and Clark of Alamakee. The special order for the day was the report of the standing committee on education and school lands, as amended in committee of the whole. 33d Day.] 781 T hursday] INCORPORATIONS. Thursday,] of II. EFebruary 26th y Then here is this wonderful eleventh section s about which I c re very little, and yet which is e sanctioned by the constitution of almost every 1 State in the Union, and which is sanctioned by s both reports of the committee on the school funds and school lands. But this comes in without that section, making it the duty of the legislature to adopt guards and checks. The - eleventh section provides: "Sec. 11. It shall be the duty of the Gene ral Assembly, in case of its passing either or both of the oanking laws herein provided, to provide also such other restrictions, and fix such other liabilities, and adopt such other guards and checks as shall be conducive to prevent frauds on the part of banking institutions, its officers and directors, and to secure to the peo pie of this State a safe and reliable currency." To go back and look over the reports we find that the first section has been changed * cry lit tle. The second section, providing that corpo r ations may sue and be sued, has been voted up on, and a majority of this body have voted in favor of it again. That they have left out of their report. Let us go on to section five: "Sec. 5. It shall be the duty of the General Assembly to provide by law for the restraint of municipal and political corporations in regard to assessments, taxations, borrowing moniey, contracting debts, issuing bonds, and loaning their credit, so as to prevent, as far am possible, unnecessary burdens and undue taxations and frauds.," This section is borrowed, almost verbatim, from the Constitution of the State of New York. It occurs in the constitutions of many of the other States. In the sixth section the Committee makes a little alteration. The sexenthrection, which characterizes the stocks to be used as a basis, &c., is stricken out entirely. The eighth section, providing for the individual liability of stockholders, is also stricken out. Now I ask if there are not a large majority upon this floor in favor of those sections? From the ninth section, as I tave already stated, they have stricken the amendment offered by the gentleman from Johnson, [M[r. Clarke,] and adopted by the Convention. The eleventh section, prov;iding for checks and guards against fraud, adopted by a large majority, they have stricken out. The twelfth section, for the security of the bill-holders of an insolvent bank, and discussed very freely here, and which was adopted here by a large majority, is left out. The thirteenth section, forbidding the suspension of specie payments by any banking institution, is left out. And thus they h ave gone o n with the work of demolition. It is far easier to tear down than to build up. When gentlemen undertake to strike out section after section of' an article because they cannot see the necessity for them, I think it would be better for them to gain a little by experience. I tell you, sir, that these provisions have every one of them grown into the Constitutions of other States as the results of experience and Th e s elec t comm ittee went to work. The: come in here w ith their report; and what does that report say? It says that e lev en of those sections which passed this Convention after full discussion, and by large majorities, are useless in the Constitution and should be thrown aside. nhat were those useless sections? T hey were the very vital parts of the article, the very sec tions on which we had the most exciting discus aion, and which we adopted by the largest ma jorities. Those sections this select committee struck out. The y report to us v ery ne arly the same articl e which w e s ent to them, except that they left out some of it. I was in favor of every restriction contained in the r eport of the m ajor ity of that commit tee. I said the n that I would go a s far as he who dared to go farthest, in placing restrictions upon the powers of banking corporations under our law. That was my position. And when the special committee ask us to t ak e les s withou t giving any reas ons, without telling us wherein their report is supe rior to that of the majority of the standing committee which he,d been offered upon this plan, when they do not say that a single sec tion is wrong and oug ht t o be thrown out, I claim the r ig ht to prefer and to stand by the work sanctioned here by the majority of this body. I had no objection to the report of the select committee so far as it went. But let me ask the gentleman if he was satisfied. I think that report came to us with his solemn protest appended, that he did not concur in it. It is not for me to ask the gentleman how far he concurred in it, or how much further than that he would have preferred to go. But I dl de liberately ask this body, whether, after having gone over the report of the Committee on In corporations, and after having made amendments to it, passing section after section of it, after comparing views and ascertaining so fully what the majority really wanted, and then looking at the report showing us what it is that the majority of the select committee desire, they will concur in the report of that select committee. And I ask if under such circumstances I was not justifiable in voting to go back to our own work as it weint to the committee. That committee could not agree any better than we did. What is it that gentlemen want to do here? They want us to give up this work, and go back and take up the report of the minority of the committee. In that minority report they have left out this amendment made by the gentleman from Johnson (Mr. Clarke.) The ninth section read as first reported: "Sec. 9. The general assembly may also charter a State bank with branches, to be founded upon actual specie basis, or upon stocks as authorized in the seventh section, or both." A large majority, upon motion of the gentleman from Johnson, decided to allow the State Bank to use the same kind of stock as a basis which it had specified and required should be used under the general banking law of the States;. t t t c t I 0 t t a e b I fl 8 s c a t e I I d [33d Day. 7 q-, 2 Thursday,] CLARK.U, of II. [Febriiary 26th 33(1~~ ~ ~ ~ Day INOPRTOw practice. Look at the legislation in Illinois. assure the bill-holders that these institutions You find that the General Assembly have just will receive no mercy from the Auditor and been to work to patch up something to supply Bank Commissioners now in power. These ofthis very want in their own constitution. In ficers have determined that the law for all such, their constitution you will find that they have shall be rigidly enforced, and that, if discrimimade very little provision for any security. The nation, within the law, is to be made, it shall be gentleman from Johnson, [Mr. Clarke,] did not in favor of those banks which are honestly dowish to provide that the law should go to the ing business in accessible places and with a show people to be voted upon; for the Legislature of capital. that made the laws passed them and submitted "2. Banks bottomed on something more than them to the people, and the people sanctions bonds and immunity from the demands of trouthem; and yet they afforded no security. I wish blesome customers who would persistin wanting to read, from the Chicago Daily Tribune, of specie, will hereafter limit their issues to an February 21, an article on this subject: amount consistent with their ability to redeem. "MaR DUNiAI'S BANE BILL-ITS EFFECT ON Even these have, until now, used their circulaToII- CUP.RExNCv OF TIlE STAT'E.-The anticipated tion as the principal source of profit, neglecting passage of MIr. Dunhain's radical amendments to to a great extent, the legitimate offices of bankthe gelneril banllking, law, had a very salutary ing institutions; hence it has been their policy, effect upon the rag-movingf machines whicI also, to push their issues to the uttermost. The were at the date of the meeting of the legisla- necessity which now exists, when their notes are tre, deluing the country with their issue presented for redemption, without delay and in Ture, owersuadngineso thcou mtry wit theirisues. The owners and engineers of too an of these legal coin (not new silver, except in sums of five Tecue owner acnfd encner ofic too penyofl re secure in the confidence which the people re dollars and less,) will compel them to the exerposed in the cbankind system which they had c-ise of greater care in shoving out their promises adopted, had gone systematically to work to to pay, Contraction will only make them evade, if not practically defy, the law by which stronger; and if they can demonstrate their banks of issue were sanctioned. Without real ability to pay their obligations when pay is decapital above the few thousands of dollars which manded, they will rise higher and higher in the were necessary to pay for the printing of their estimation ot those upon whom they depend for estmtooftoeuponwo hydpenort notes, and discharge the other small expenses support. incident to the business, they had borrowed in " 3. It is certain from the facts stated above, New York the bonds upon which their issues that the amount of Illinois currency will be were based and by which they were secured, and greatly reduced, and that with little delay. How had at once, without care for the way in which great the reduction will be, cannot now be told, thooe issues were to be redeemed, bent all their because there are none who know the exact efforts to get circulation, confident that, under condition of the banks. Some men who think the absurd decision of the late Auditor-a deci- they have the gift of prophecy, say that every sion persisted in, contrary to light and knowl- bank in the State will be closed; but this is to edge-they could stave off redemption indefinite- assume that all are doing business on a fictitious ly, or until their expected profits would enable and an unsubstantial basis, which certainly is them to satisfy the public. Mir. Dunham's bill not true. If between the banks which have no fell among these like a bomb shell. A few of capital, and those that are compelled to use their them gave up the ghost at once; like Captain capital more cautiously, the currency is reduced St ott's coon, they came down before the piece a half in amount-from six millions to three was fired. Their currency began to pour into millions-the reduction will be greater than that the Auditor's office at the rate of nearly half a designed or contemplated by those who framed million of dollars a month, and liquidation was the amendments which have just been incorpo the only talk. This, remember, was before the rated in the banking law. "4. After the excitement of the day is over and the banks become reconciled to the state of things now existing, Illinois currency, though its amount may be lessened, will be wonderfully improved in all the qualities which give value to paper money. One of the principal objections urged against MIr. Dunham's measure was this: If we compel our banks to do what the banks of New York and New England do, we place them at the mnercy of the brokers. The objection is a fallacy and will be so proved; because when bank paper here becomeswhat bank paper is in the older States, the fear of brokers is at an end; currency is so near to specie in value that the difference between coin and notes offers brokers no reward for the risk assumed, and interest of money lost in harrassing banks for coin. It is only when currency is permitted I 33d Day] IN("'ORPORATIONS. 73 Th-tirsday,j CLARKE, of 11. [February 26tb 11 1. Banks that have commenced operations without real capitti, depending upon their -.ibility to comply with the law, by redeeming their issue,-A iii new,ilver coin, one doll-r at a time, -Nvill of necessity be conif)elled to withdr -aw eir circulation and wind up their,lffairs. Of these there are more than we,,tud the public throul-l ii-s, h,,ive heretofore believed. Many of these I-i,,tve no loctl h —-4bi ition-only a ntime. Their notes, sent out from W-.tll street with their'inlissouri or Virg,nia bon,-Is, have been signed in Sp"-in,,fleld by a CasLier and President picked up for that ser-ice, and though nominally doing b,,isines in towns in E,li)t, have no places where tieir issues can beiesentedandredeemetl.'V,'e s,,tv it upon good authority when we INCORPORATIONS. Thursday] same provision is incorporated into other con stitutions, which will commrnend themselves to the good sense of members of the convention, I should like to hear those reasons. Everybody understood when we were discussing that, what was the object of it. It is to prevent a corpora tion from holding large quantities of real estate, and keeping them for a series of years for spec ulating purposes. Mr. YOUNG. I will inquire whether the genI tleman has not exceeded his fifteen minutes. h These matters have all been discussed before, " and gentlemen have made these same speeches. i I must object to the gentlemian going on beyond his fifteen minutes. The PRESIDENT. The chair will notify the gentleman when hi3 fifteen minutes have ex pired. Mr. CLARKE, of Henry. Then we come to the twentieth section: "Sec. 20. The word corporation, as use d in this article, may be construed to mean any in - dividual, association, or company, havin, or enjoying rights and privileges through provisions of law not possessed by ever y in dividual or partnership." This section shows what we mean by a corporation. You have only to inquire whether a certain individual, association, or company, enjoys these special rights and privileges, in order to determine whether they are corporations or not within the meaning of the constitution. vain. But it will do more. It will, if honestly~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ administered, according to the meaning and "Sec. 20. The word corporation, as used in~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ intent of its framers, put Illinois currency on a this article, may be construed to mean any in-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ level with that of the best currency of the coun- dividual, association, or compauy, having or en-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In another column of the same paper we find these amendments. Now what are these won derful amendments to the banking law? One makes it compulsory upon them to redeem their paper in specie. Another is that you may go there and produce their notes in the bulk, and not each individual one, and they must be re deemed. This amendment with regard to the suspension of spacie payments, which we have incorporated in this article, but which has been left out by the special committee, would have saved Illinois all this trouble. Yet after the re port of the standing committee had been acted upon by this body, and the wishes and expecta tions of the large majority had been put upon record, the special committee coolly take their pen and draw it over nine or ten sections of that article upon which we had agreed. Then the committee go on and incorporate the substance of sections sixteen and seventeen in their report, and strike out the eighteenth, whic.: is this: " Sec. 18. No corporation shall hold any real estate hereafter acquired, for a period longer than twenty-five years, except such real estate as shall be actually occupied by such corporation in the actual exercise of its franchise, but the same shall escheat to the State for the benefit of the school fund." If the gentlemen upon that committee will give any reasons for leaving out that eighteenth section, when the matter had been fully discussed here, and when it is known that the I have now gone through with the pr in c ipal sections left out by the special committee, every one of which ha d been voted upon, aind carried by a large majority of this convention For the life of me I cannot see why we should go back to reconsider our vote b y which w e refused to concur in the repo)rt of the special committee, in order to take up th at report, an d go over all this groud again. I a s k gentlemen here what they are to gain by it. Unless somebody spring the previous question, so as to cut off all amend ments, every one of thes e s ections has its friends here who wi ll m ove it as an amendment to the report of the specefl committee, and it will be adopted. There is nothing to gain; but there may be something to lose, for if one of these sections is lost, the majority of the convention are really deprived of the opp,ortunity of expres sing their opinions, and carrying out their wishes with regard to this law. Gentlemen say that there are some amendments wanted. There is one that I want as much as anybody. And it is the very one suggested by the gentleman from Jefferson. I am in favor of it. But I would reach it in the usual way. Let the motion be made to refer this article to the standing committee with instructions to report that amendment, and of course it will be done. The gentleman from Lee [Mr. Johnston,] wanted an amendment made to the report of the committee on education. I thought ft the time it would have been better to have referred it to the standing committee with positive instructions, for if 784 [33d Day. (February 26th YOUNG-CLARKE, of I-1. BANKING CORPORATIONS, &c. PARYIN-WINCHIIESTER-TODIIUNTER-CLARKE, of II., &c. [February 26th that had been agreed to, they would undoubt edly have complied. But he moved as he had a right to do, a reference to,a select committee. So with regard to this matter, a motion can be made to refer with instructions The PRESIDENT announced that the fifteen minutes had expired. Mr. PARVIN. I voted against the adoptio,n of the report of the special committee; and I did so because I thought that after the conven tion had made all these amendments, I could not strike out in that summary manner so much that they thought necessary. But I intend for one to vote in favor of reconsideration, believing that we can amend this report better than to take the old one. I see that the views of the gentleman very nearly agree with my own with regard to the amendments necessary to be adopted. If we take the old report, we cannot amend it without referring it to another com mnittee. As a member of the standing commit tee upon incorporations, I feel perfectly willing that this should be dispensed with, and consid ered as if it had been referred. I have no feel ing with regard to the matter. When this report was returned to the convention before, it was so changed that its followers did not know it; and perhaps it might share a similar fate if it were to be referred again. I came here with no expectation of getting such a constitution as I wanted in every respect. I expected to make concessions, and to yield much that I should be glad to see adopted. But when this report came in I was surprised to find it such a system, as I never supposed that the majority of the special committee would report. I look upon it as ,eing, in the western phrase, a wild-cat system, ith no restrictions at all. I am in favor of retrictions. I do n(ut wish the legislature to have full power to create banks without any restrictions whatever. I wish to reconsider for the very purpose of placing in these restrictions, those that I think it important to insert. But without those amendments I cannot vote for the adoption of that report. If we refuse to 'econsider we have no resoucre but to refer the eport, as it passed in the convention, to the me committee, or to a select committee again. -his is a round-about way of amending it which wish to avoid. We shall attain what we wish q much less time if we take up the report of hre select committee, and amend it as the mjority of the convention wish to do. Enteraiiiing these views, I shall cheerfully vote to econsider; and I hope the majority will agree reconsider the vote, amend the report of the pecial committee by putting in all these neces-ry guards and restrictions, and then adopt it. Mr. WINCHIESTER. I believe I voted yesrday with the majority upon this question. I g tended t o mak e th e same moti on this morr~,g which the gentleman from Jefferson [Mr. 'ilson] has made, for the purpose of giving the ~n~vention an opportunity of adopting this re~rt and disposing of the subject at once. As e gentleman from Henry [Mir. Clarkxe] has said, this question has been discussed fully, pro and con, for six or eight days, during this ses sion. I think there is no necessity for any fur ther discussion upon this motion, and I there fore move the previous question. Mr. TODHUNTER. Will sustaining the pre vious question now, cut off amendment of the report afterward? The PRESIDENT. The main question now isa upon cutting off debate upon the premotion to re consider. inr. TODHUNTER. And would tlat affeect the report, after recon sider ation? The PRESIDENT. INo t at all. The previous question was sus,tained, upon a division; ayes 19, noes not counted. Mr. C LARKE, of He nry. I understand that the previous question was moved yeste r-lay upont concurring. What will b the te effect of the at, if we go back and t ake up th at report, Will that still be in force? The PRESIDENT. The Chair will consider this vote as equivalent to removing the restric tion imposed by the action of the convenltion yesterday in sustaining the previous question. If this motion prevails, it will remove that re striction. The question being taken, by yeas and nays, upon the motion to reconsider, it was agreed to; yeas 24, nays 11, as follows: Yeas-The President, Messrs. Bunker, Clarke of Johnson, Edwards, Gibson, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Parvin, Patterson, Price, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester, and Youn.g. Nays-NMessrs. Ayres, Clark, of Alamakee, Clarke, of Henry, Day, Ells, Emerson, Gillaspy, Harris, Palmer, Peters and Robinson. The question was stated upon the report of the select committee as amended, the report being, in the opinion of the Chair, still open to amendment. yMr. WILSON moved that the following section be inserted after section six: "Sec. 7. If a State Bank be established, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money, and such banks shall be founded upon an actual specie basis." The amendment was agreed to. Mr. PAtVIN moved to add the following section: "Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an i 785 33d Day.] Tli.ursday] Ban7ein,q Corporations. Liability qf'zloclcholderi. II BANKING CORPORATIONS. CLARKE, of J.-CLARK-PRICE-PALMER-LIMERSON. amount equal to his or her respective shares so held, for all of its liabilities." Upon this question IMr. CLARKE, of Johnson, called for the yeas and nays, which were ordered. Mr. CLAR'K, of Ala,makee, moved to amend the section bv addin' "A.nd in 11 caves where its stock shall be tra nsferred, te liabiiity of the transferer shall not ceaSe.s; Itr. PRIC'I. I will ask the gentleman to adopt tlhe more comrmon term, "assi,nor." Air. CLARK, of Alamakee, accepted the modification. MIr. PALMIER. I will ask the gentleman to modify his amaendment by adding the remainder of the section as it stood before, as follows: ,'Nor shall the liability of the assignee commence until the expiration of six months after such transfer shall have been duly recorded, as provided iOr Oy law." 5l r. CLARK. of Alamakee, accepted that modification also, and called for the yeas and navs upon his amuendment as modified, which were ordered. The question being taken, by yeas and nays, upon the amendment, it was not agreed to; yeas 17, nays S18, as follows: Yeas-',iessrs. Ayres, Clark, of Alamakee, Clarke, ot Henry, Day, Ells, Emerson, Gibson, Gillaspy, Harris, Marvin, Palmer, Peters, Price, RItobinson, Scott, Seely and Solomon. Ago s-The President, Messrs. Bunker, Clarke, of Jlohnson, iEdwards, Gower, Gray, Hall, Hol lingsworth, Johnston, Patterson, Skiff, Tod hliutiLer, Traier,'arren, Wilson, Winchester and Young. Ir. EM lNIERSO N. I move to amend the amend ment so as 0o read as follows: "The ofcers and stockholders of every cor poration or association for banking purposes, i s s u ing bank notes or paper credit to circulate as moesy, shall be individually liable during the titue of their being officers or stockholders of such corporation or association." I ask gentlemen to consider, for a moment, in what State of this Union, or in what territory, has not the legislature governed and given charters and privileges to its banks? What is the manuf'tctory wh,Iich has created all these wildcat systems? It has been the legislature of the different States and territories, unbridled and unchecked. Yet, sir, the legislature of Iowa is to give us a safe and sound banking systemn t Strange doctri ne. Strange at th is day, and in this place, indeed. to me. It has been said and generally believed, that banking is a profitable business. When is it profitable? If it is profitable when honestly con ducted, why need gentlemen shudder at throw ing these guards and restrictions around the banks, which shall make them honest, although I should consider that about as natural as tc make an honest devil. But that men with one accord should not be ready to come forward an(s institute thorough guards around the system, which may secure to the people a safe and sound currency, is strange. It is beyond being strange. The argument, to my mind, means but one thing, and that is simply as I have already re marked, unless you allay them to rob they will not bank. I know of no good reason why: man who should undertake to bank and thus t a greater or less degree force upon the commu" nity his promises to pay, should not be individ ually bound by those promises to pay, in the same manner that we are all bound individually. There is no good reason for it. It is said by gentlemen, and it is an old idea, that if you bind these meen individutally, they will not go to bank ing, and as a consequence we cannot have their shin-plasters. If we make these shin-plasters good, dollar for dollar, they will not go in bank ing. So fuir as I am concerned, I desire to have none of them unless they are upon a substantial basis; for if they are not, it is no more or less than the beautiful wild-cat system.'"hen you go to look for the bank or the bank er, he is just where you cannot put -our hand upon him. Yet that is this much talked oJ "safe banking system" that Iowa is to have tc i came here, as I lhave remarked before, opposed to any alteration of our constitution with reference to the slubject of banking. I am aware that in the State of Iowa much has been said about it, and that a number of our citizens, probably a mrnajoriy, are in favor of, what has been termed, a "safe banking system." I appeil to this convention, and ask whether any gentleman upon this floor has been instructed by his constituents, or has heard the first word anywhere in favor of any other than a safe system of banking, in the State of Iowa? That safe system has been advocated in contradis tinction from the wild-cat and red-dog system. liow are we to get a safe system of banking? hlow are we to iilprove upon this wild-cat system? What mode have gentlemen laid down here by whichl we are to escape that gulf of 418 6 [33d Day Thursday] [February 26th BANKING CORPORATIONS. Thursday] EMERSON-TRAER. [February "6th keep out these shin-plasters of the other states and territories. The gentleman from Henry, [Mfr. Clarke] has referred to the constitution of Illinois, and has read an article showing the working of that system. He has shown us that when the legislature attempted to catch these brokers under the constitlition of that state, the bankers have always outwitted them. Now compare that with the report of the special committee now before us. I wish the people of this state could have an opportuity of reading that beautiful document which is to adopt the same plan, and thus to constitute in Iowa the same beautiful system of "safe banking;" that is to give to [owa a currency safe and secure. How any man could come to the conclusion from that document, that it is to afford us what the people desire, is to me the strangest thing in the world, because there is not a solitary restriction proposed to be thrown around the system-not one. the country from ever discharging its debts. If It is said that it is restriction enough that we refer the matter back to the people: and as a consequ nee, when the people come to vote up on it, they will not vote for anything that will injure them. That doctrine may look very well at first sight; but I ask the judgment of this convention, and ask them to tell me what it could be, in the present state of things, which should be the theme before the people in the shape of banking, that would not find advocates, that class of advocates who would take the pains to go round and tell the people, "all will be right, I am going to be the banker; you have known me long and well: I hope you do not fear that Iwould take any advantage of you, or that anything will be done by me which is not exactly right and proper." These gentlemen know exactly how to tell these tales; exactly how to work upon the people. But says some farmer to him, "' well, my dear friend, I understood thata certain individual from Dubuque offeredl an amendment making you individually responsible; what objection had you to that?" "Ah," says he, "it is of no use to talk about things of that kind; if there was such a provision as that, we should have no banks at all. You certainly cannot think that I would not be just as honest without it as with it?" That is the way things would go. That is the way men are imposed upon by that class of people. That is the way all wild-cat systems have been enacted. And when we see what others have had, it seems to me that it is no more than reasonable to infer that from the same causes the same effect will be produced. It is as clear as the noonday sun, that such must be the state of affairs in Iowa, if this course of action is to prevail here; and from the vote that has been taken I fear it is. As I have before remarked, I am to some extent opposed to all this matter. When we have made the system the best that we can, what does it amount to. What is free banking? You all understand it; and it is hardly necessa- ry to explain it. What is its basis? It is the Mr. TRAER. I would ask t hegentleman from Dubuque, [Mr. Emers,on,] to accept, as a substitute for his amendment, one which I have in my hand, and which reads as follows: "The president and directors of every banking company, or association, incorporated under the laws of this State, shall be personally liable to stockholders, bill holders and depositors, for all frauds and defalcations perpdtrated by the bank or its officers during the term of their office." 83d Day.] 787 Thursday,' E.14ERSON-TRAER. [February 1.6th BANKING CORPORATIONS. PALMER-TRAER-PARVIN-CLARKE, of H.-MARVIN, &C. [February 26th from Henry, [Mr. Clarke.] After the amendment, as modified, which I have offered, is adopted, I shall be willing to go for the amendment of the gentleman from Benton, [Mr. Traer,] making the officers of banks liable for frauds and losses while they are officers. I wish to confine my amendment alone to stockholders, while they are stockholders, and no longer. mnays- The P re side nt, Messrs. Bunker, Clarke of Johnson, Edwards, Ells, Gray, Hall, Hollingsworth, Johnston, Marvin, Palmer. Parvin, Patterson, Price, Robinson, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young. Stir. PAL?,IER, when his name was called, said: I.wish to state why I shall vote against this amendment. The original provision contains a liability to the extent that I think it is necessary to go, and this amendment I consider impracticable. Mr. MARVIN. I wish to vote understandingly and intelligibly upon this subject. It is urged, as an argument against inserting here a provision that stockholders shall be individually liable, over and above their stock, to an amount equal to their stock, that people will riot take stock upon such terms. The amendment of the gentleman from Betiton, [Mr.'lIraer,] goes to placing the whole burden upon the officers of the banks. And if they are to be made liable inl this way, they will not become officers, though they may become stockholders. And what good will it do to have a bank with stockholders, and no officers? I would like to have the officers and stockholders upon the same footing-each individually liable to the amount of stock he takes. Mr. PARVIN. I think the gentleman from Jones (Nlr. Marvin) does not quite comprehend the bearing of this amendment. It only makes the stockholders liable while they are stockholders. The amendment of the gentleman from Benton (Mr. Traer) proposes to make the officers liable for frauds and misdemeanors; th at is all of it, not hing more. Mr. MARVIN. Then I would keep the penitentiary before them. Mr. CLARKE of Johnson. I move as an amendment to the amendment of the gentleman' from Muscatine (Mr. Parvin) to add the following: "1 And that no person while a stockholder shall be allowed to transfer any of his personal or real property." The question being taken upon the amendment to the amendment, it was not agreed to. The question recurreI upon the amend'nent proposed by Mr. Parvin, which had been modi- ( fled so as to read as follows: "Every stockholder in a banking corporation or institution shall be individually responsible to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities, accruing while he or she remains such stockholder." Upon this question the yeas and nays had been ordered. The question being then taken by yeas and nays, the amendment was adopted, yeas -29, nays 6, as follows: Yeas-The President, Mlessrs. Clarke of Ifenry, Clark of Alamakee, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Gray, Harris, J-ohnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, The question recurred upon the amendment proposed by Mr. Parvin. Mr. TRAER. I would ask the gentleman from MIuscatine, [.lr. Parviri,] to accept as an amendrnent to his amendment, the proposition I read a moment since. -ir. PARVIN. I cannot do so. MNr. TRAER moved his proposition as a substitute for the amendment, but subsequently withdrew it. The amendment of lair. PAR-VIN was read, as follows: "IEvery stockholder in a banking corporation or institution shall be indivicdually responsible :cnd liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities." Ir. CLARKE, of H'enry. There is an important question involved here, and I do not wish any gentleman to vote under a misapprehension of this matter, as I know some of them are doing now. There is a diversity of opinion in regard to the liability to be attached to stockholders, and how long that liability should continue. Gentlemen wish to vote for a provision here that will fasten upon the stockholder a liability for all debts that may accrue while he is a stockholder: to provide that he shall never be released from such liability until the debts are paid. Some gentlemen suppose, in voting for this section, that the stockholder, the moment he transfers his stock, transfers, also, all his liability to the person who purclhases his stock. Now, while I do not wish gentlemen to vote differently from what they really intend, or for a section that is to have a different effect from what they suppose it will, I would have the matter presented in such a shape that there could be no possible mistake in regard to it. I therefore move to amend the amendment by adding thereto the words, "accruing while he or she is such stockholder." Air. PARVIN. I find that th ere is a difference of opinion upon this floor, among gentlemen, in regard to the effect of the amendment I have introduced upon the liability of stockholders. MIy impression is, that when they transfer their stock they cease to be liable. Others think differently. Now, to obviate all difficulty, as my intention is to make them liable for whateve r debts are incurred while they were stockholders, I will accept the amendment of the gentleman 788 [33 d Day. Thursday] ^ ulli~i bXCCiUll i; t,~eme,nt, w.tou.t,nyv c)satitttional enact- i elit to tl a-t o, cr:.iab.e to the full extent of " If the General Assemrbly shall enact a gertn the Ii um"'enX t of' the gentle tman fiom Belnton, oral banking law, such lawv shall provide fior tihe [.LIr. Tl ti'lr l; i c:n see no reason vlwhy we should registering and countersignliig b)y an oticer of i ):'pO,ate,' legislative enactixent in the con- the,;tate of all paper created and design,ed to titt heIe, iiaking that a crime which is be circulated ais ilmoney; and ample collteral 'ieiv a cnire, and l mkin tihose liab-'ile to security, reCdily convertible into Spcie, for the I,:Ji-ni,ment Ihno tire ailreadyv ~i,ble to punisiiIhment, riedemption ot the samne in gold acnd silver, shall or rc-eiietin, ti,it wlhich i aleady enacted, be reequired, vwhleli collateral secuiity sh.ll be a, fo lniag p rt a1.pa relt of the law of every in the control of the proper omfier or olicers of civlizedl conutryi. I can see no use or propriety the State." i) thc tiling.at ill. It does not properly belon, att litiO dos,i not roier o r. WILSON. I hope that auiendment will to the cotstit'tio'i. WIe didi not come here to 1ito n criies and misdemeanor tha is not be adopted, for the object the genrtlemnanr |rla:ilaite uIpon c rimes and misdemueanors: that is t rovice o the eral asblv. It is se ems to have in view was amply provided tfor thle proein~ce of the general assemblyr. It is use-.. in a section which was adopted oni yesterday, le~s to) astk uls to decvlare thzat a crime w-hich.. 5 and I think in a better shape than the ene now ciei'o'mo law and common sense has long since proposed. dcclared a crimne; and to (eclare that a certain hthiti shall e puiiished, whicl longsincei Msr. EDWARDS. I was not aw,,re that anyalecieared lpuIi~h:ioble. If we adopt tlis proi-n thing of the kind had been adopteod. I vwould sio11 we m-a-ke it no more true or certain than it like to hear it read, now is, that an orater of one of those banking. that on.~~o of o.e of tho e banktn: The section was then read as follows ~ itISltittiousi is liable to putishmtient for non-peiforimLnce o duty and malfeasance in office.'If a geteral b.anking Ilaw shall I)e enacted, Tie P iE DE'T. T,e propostton to i.nae it shall provide for the registryand cootntersign i'l Pt'i ni rot. the pn nditlony1o lin ine g, by an officer of thte State, of hll bills, or it'll t'he o-fficers of the bink itndivi(duially li.tble''' I.,' Pllvper c.-edit desigtged to cirtilel-te fis money and It'r all the defalcations and losses while they er ritdtt to r l tt ie,an require security to the the flIl amonint thereof, are- ii ornco. urse ~are ll o~til(D~o. tto he dep(:sited withl the State Tireisuier, in 5Ir. S'OTT. I think that would be unjust Uniteld States stocks, or in irnterest-pa'ying iri the extremae. The (lefal(oiation of one clerk stocks of States in good credit ad standitlig, wol!,l iiim ike each of the oficers personally lin- to he rated at ten per cent. below their average h)l for ri-perfoirmnance of duty; and so with v:.lnue in the city ol' New York, fil the thirty eaich end e ry one of the officers of that batnk- days next preceding their deposit; sllil in case of i - intitution. I think that would be very the depreciation of any portion ot suid stocks ouijtlst an,i improper. If I should b)ecome C to the anlount of ten p)er cent. uponl the dollar, mnetmobr of a biiikinng corporation or associl- thle ba,ik or bianks so depositiug shall rnmake up tici, ldl) not see wy I should oecomnepersonallv such deficiency by dep)ositing additiona:l stock. resposisole fo)r thIe liabilities an1 fraun s of Ssiid law shall also provide for the recordinrg of anotlher. Toiht is not in acordance wvith com- tthe names of all stockihoilders inI such corporaii~n sense or commrno. law. I shoul,-1 be liable tious, the amouinit of stock held by each, the f,ir my own neglect an( non-performance of titme of any transfer, aud to vlwhom.': dittv, aI iot for others; nor should otiers be fioletr mly nqegl,ect or nos-performnance of'met li 11L for ni nedleot or noc-perforrnene of Mr. EiDWAIDS. I will withdraw my inendd,,+y. ~ mont. I00 BILL-IIOLDERS TO BE PREFERRED CEI)ITORS. [33d Day PARVIN-tISA L — CL AI[K —AM A RVIN. tilo~ders to be prcferie(1 creditors. be a safe and prudent rule in our ownvr piivate affairs. And slhall we be ttfaitltiful inl tratisact Mlr. PARVIN offered the following as an ad- ing the 1 u1 iness of the public? ditionali sectionl: I an in fiavor of this provisionl offere.d by the ' In case of the insolvency of any banking glentlemitan from luscaitine; [Mr. Parvin.] I beinstitution, the bill-liolders shall hlxve a prefer- lieve that it is riglht ald proper. 1 lbelieve ence over its other creditors." that the il -holderofany of these institttiins Lhould have the itreferetnee over all other eredi r. hLL. I hve been voting l s t all 1tot os. Bainking systerts are instiltttd for tlhe these aten dmets, and shall continue to do sJ t) benefit of mankinl. The bills are held by the poor if this thiing holds on for two weeks longer. 1 m.n the I ibot ig ma ii, who u ni ks a dfi) at ha d ma,n, the laboring manl, wh,o A,aoiks a da}-,t at l)a,iid wanlt to le.t e evidence on record be e that I am labor, ot sellsa bushel of giain, in.1 T(tiote of the ol)inion that there will be an honest manl pirt of the state, for which lie i ceivis his bill, left in the State after this convention a(1j)uris. Ind does not kn,,w wlJebhirthe Lank is s(,lvelit or Vtuht are we attempting to do here? The tOt; while tile other creditors, mtostly if not assiil)ltion seems to be that this institution quite all depositors, laive the mneans of ktrowing which ve are evtablishti)g here, and which we what is the credit )f the bank, aAd shoul(d not Ihave said would prove of so much betnefit to be put upon the same footirtg with those who thae people, will prove to be i-.ore d-li -elOO5 re compelled to receive these bills. I am iii tl.In t t'e-oci(,tis wild beast —a perfect piralte favorof thisrestiiction, as avery necessaiy oe, antd robber. We itust t hereftre hemn and e-)et i which, if we do not pass it, will be tin evideleico bhin up so that he cannlot be honest excelt by ithat we haive been guilty of a neglect of duty to compulsion. WVe atie to say that the legiclature our constituents. sitill not be allowed to do anyihing that mlay Mir. IARIIVIN. \o person could be in this lotk lite the exercise of any di-scretion in this conventiorn five iittiutts this morning Without n,ttt'er. \We tire going fIir beyond that, and vir!learning that there were extremes upon thlis as tuilly saying thatt the people who are to vote upon other questions. The gentleman from il)otl -ill these laws Ibefore they can go into DesMoines, [Mr. Hall] would leave evetythi-g effect, are utterly incapable of judging whether open; would let the legislature pass the nmost the law is a gtod one or not. Now, I think reckless wild-(-at systems of batiking that the these mtatters should be left to the legislature, ingenuity of mfn could devise. The gentleman and that we should not attempt to monopolize fromniDubuque, LMr. Emerson] would lestrict all tihe virtue atid talent, honesty rand ititelli- the logislature so that we could have no bankgence in the State, but leave a litlle for those ingltw at all. )who may come after us. Now we should adopt the medium course if Mr. CLARK, of Alamakee. I do not think we can. Whlile 1, am anxious to throw i-etri(our successors will findl fault with 1us upon that tions about this matter, I am still willing to score. Let us put all the safeguards around have bankinrg canrierl on legitimately, honestly this institution that we can and the legislature and( beneficially to the stite. ly object in oftha,t comes after us will find as much as they fering thle amendments I have offered this mornwi want to do. I have yet to learn that if the I ing, has bteen to this end. There arc other peol)le of this State are honest, or if our legis- things which, individually, I am in favor of. lators are honest, or intend to be honest, tihey But to get these extremn)is together we must will find fLult for restrictions to prevent them yield up some of our individual opilnions and from being dishonest. I never heard honest preferences, if we would have a sys tem of bankpeolile oimplain because they htad no chance to ingat all. Thesewho desire a banking system be dishonest. Those only who are inclitied to but would] restrict it to the utmost, ritist givc be dishonest complain tltat reslrictions are up some of their individual views. And those, thrown around them to force them to be honest. who wouli throw everythiing open without le-' WVhait does the gentleman want? To allow the striction nmust yield some of their peculiar nolegislature an opportunity to be dishonest, if tioris, or we shall have no banking system at they ite not to practice dishonesty? I hope we all. ale goinrg to have honest legislators. I believe I am in favor of giving the legislature the theiey will be so; and if they aire so, they will riot right to pass a fair, legitinmate balnking law, at cotmplain of these restrictiois. But if they the same time saying to the legislatIure-you shotll h appen to be otherwise, then thesQ re- shall not go beyond ecertain limlts in this mtitEtrictiots will be just what we want. ter. lf this be a wild animal, as some have I belierve that in forming a constitution, we comnpared this banking system to. though we do should act upon the saume principle that idi- not cage hinm, I would putacltain upon him so vidut.:ds act upon: to deal with every man a thathe canriot go beond certain bou ds. I thou~li~r s-ou supposed thalt humnan n;ature w ould have the chain long enough to enable us not infallible. It is almost an universal pinci- to have banks, and short enough to secure the ple in private business to deal with every mai bill holder. as thiotugh human nature was such that, though Mr. MARVIN. I feel disposed to give every the man atpproached you ini the guise of hobtes- latitude to discussion upon this qluestiori. ty, still, he might not be true. WVe find this to but I believe this point has been throouglly dis 7,) D [Febr-tiary 26th Tlt,x-trstlay,'l co - D. - C C C~~~~~~~~~~~: C- C - -~~~~~~~~~~~~~I C - C~~~~~~~~~~~~~~~~~~~~~~~~~i -CD C CCD ~~CDCCD C CD CD CD -C - ~~~~~~~~~~~~~~~~~~ -.~I o W C C~~~~~~~~~~l llthrot izing oir creating corporations or asslcii tiors witli ireki ng powers, nor amenCdmendits thertleto, sh?ll ta e esect, ot in any mnin-tiier be in oorce, un,til the satm:e shtll have been s,,ubmit ted, sepa-)ra,ttely, to the people, -it a geteral or special election, as provided by lawv, to be lhel(d not less than three months after the p',ssa(,e of ttie act, and slihill hve been approvedc by a ima.T,jority of all the electors voting for and against it at such election. ,Sec. 6. Subject to the provisions of the foregoing sections, the Gene,ratl Assembly -m:y a lso pr-ovide ibOr the estabuiish:ment of -a State Basnk w ithi branches. Sec. 7. If a State -Ban,ik be estab,lished, it sh,all be founded on an actual specie basis, and the branches shla-lill be miutuatlly resporible tbr e.,ach other's liabilities upon all notes, bills annd other isssues intended to circulate as mo.ney7. WiV; inches;te r arid Youn,I. N s-ys Tif e P, esident, A,l e. srs. Av r res, P~unkel vr, Claike o Clarkea- of Johnson, Day, Ed- i wards, li f,i bson, Giaspy Gower, ra o t G ray,!"I ari [! oiiw rthJ, 1ohnston, MIg,rviln, p o b h IEalmfetfr, I tl,t)i';ro), iPetert, Price, Scott, Sel"y, 8ofvlo:,;noff an4d War~~)Sreni. The qu ebytion ri tSecrredl p on the apeiendmnent r prolosed- lby 5I'. Solomon. 31r. H-1AL,L. WV,ill it be in order to m.-ove "I ifk. IIAI.LL. W dl it be ill order to move an going sections, the Geni(ertil Asseml)ly mty -ice indefinite postponement of this report? z i *'' pfl'O\'t~~~~~de Jflr thle et auii,,:Iiiewiit oft -a fStateV 13 Lk tir.:5t.~!:Dt,'~.. Not while.a motion to Witi branches. amend i tc ii', Sec. 7. If a State Ban,k be estal,li,hed, it )lr. 1i~Tf 1 w- t to get hTck to the old re- shall, be founded on an actual specie basis, and 1r i E.I wTant to get back to the old re- 1 port, ai(d nIot waste time onl this any more. Wrill 1 the branches shlll be mutually rpoible fr a motion to lay on tihe table be in order? (each othe-'s liabilities upon all notes, bills and The P i-,S DENT. That mottion would be in other isues iitended to circulate as mo.e3. order. Sec. 8. If a general banking law shall be Tr. iAtLL. Then I move to lay this report enacted, it shall Iprovide for the registry and on the table, so that we can get back to tllhe old counters;glnin?, by ani officer of State, of all report. bills, or plap)er credit desig,ed to (iculate as r~ CL lt of Alainakee. The gentleman money. anrd requtte secLurityl, to the full'ia0oluilt voted to g~~oa wyfi o the oldtreprt,,. tui mor n - ~votedq to' X-i en o reporttithe - reof, to be deposited with the St. te Treasu lea' ud~t 1 hltve now no to b, in Unijed States stocks, or in intelrest pay desireis getig stocks of Staites in good credit and 6tatidiug, to be rated( at ten 1per cenlt. belowv the r ivelale Up~ton th-is question —, iL~on th as questi~on value in the city of New York, for the thirty 3Ir. 11t ALL caLlled for the yeas andt nays,..nd di )s next )preceding their' deplosit, in(l in caset they weie ol dered accordingly. o- a depreciation of any portion of said sttocls, 'l 0. beling taken, by yes and a to the armi)unt of ten ])el cent. on the iollal, T'io tle botiong vo. a y upo (It,ho it, wasl r'lolicIn t,io,~lhe t,,the ban-k or bankis owning said socksshlall be to: yeas S, nays s foiltrquiireli to imake tip slit delici ey by idet)osit "t ~ ing additional stocks,; a,ld said latv slha'l also Y Yeaas- a5es.s. Clarke of Johnson, Edwards, prt,vide fi)r the recorl(ini,g of the nairies of till Emerson, Gilht"p., I, ll, 1 Johunton, Price and stockliolders irn suc(h coporitions, the amiount LtIaren. of stock held by e(cl-i, the tinie of any tranisfer, Nays-The Presidcent, MNessrs. Ayres, Bunker, and to whoim. Cl.ark of Alinalkee, Clarke of Ilenry, Day, Ells, Sec. 9. Every stockholder in a banking corGibson, Gower, Gay, Ha rriis,'-Jollingsworthl, pI oration or institution sltll t)e individu.all'y re3Iarvin. Palmr1, PaEvin, Paitterson, Peteis, t,ob- sp)onsible and liable to its creditors, over and inson, St:tt, Setel, Skiff, Solomnon, Todhuniter, above tbe iltouint of stock by limru oi' her held Triter, WNilson, Wt'inchester and Young. to an aniount equal to his or her respective I': II L,r'4 0 ai'msrt tie propscO.c~ naw, at such i.........at s,...................... I. b'kiig, or g ake it i nionoIpoly il tli3t-"SS..o Let me ilnustr'te. We have in Iowa City tulle Mr. CLARKE of Johnson. I Dm frankDto sty banking institutions, conduted by iti'ivite ec-rthiat f do not exiect, after the vote taken this i The tire re men engige d i1 those hi,cks morli eg, that this propositioni will be adopted who have been neighbors for years togeolher; by t his conve ntion. But I feel that I shIll not they are acquanted with each othei; they kilow havel'i~t aebrt; m y dc om conseutitiients each oth(r to be honest. The ceik, et of this w,-i, utt ~ lo:i.st oederiug it andu tmakieg a few wtrticle will be tliis: these men will ny-we realrkI, su ulou jIit. now e ach o other; we have the means to estab i thuik I do no t m e th e fict, when I say lish a bank, and we will do so iiundIr t]ils gei(rthata ni ty of thIs cuvention were sent ol bh nkinglaw, I i d no one but ourselves shall 1,.thte for tile p (rp c making s(ome provision be stockholders ii it. Thus t!iey ni'iy ngree to in our fiiiaiimcerIt law by which the people of take all the stock themselves ard excludeev, ry this State could establish banking institutions, other person from the concern. A~nd th')us if cndl I shall not be di_puted wh. en n say fu'rther, you hajve a bank at all. it will be iutlder ays that all the peooile expected,t oit hands, all tein which constitutes a CiI(IlIp(,,!y i,s 1,a(1 in its that t'he r _,v d of us, was t hat we shouldl re- efi:ectsel as would any system of banking undoi. niove tihe exvistilig in our present special laws. 01 T e W io aoi1 w,, ien onII th II This, it seems to me, must he the inevitdin)e pi t'lehat we cild go to work teffectof this article. it wnill oeop olit of' bainikI,1 devise - c re pllete ban' C,esvs here, or iug the,,a of sIll of, meanies, the imiat who ha s arstrictions ii the constitution',Is lI-.t a few hutidrod diilltirs Lo invest, or who is w voeld vi:'tuailyamou nt to a prohi'bition. Be- trustee fri' certain funds that lie wishies to de t',le art-,e tl -'It 10 rt do'd an,] for posit in a pdnee of secuirity.,, It will kee p out whic I( Ihr I)(e ofi: i ed a substitue, is virtually a IoSa~sc'(11.15I )0orbnilt11111 -ivl,icllI!I,Iv e a.;. viruall ('Ithioiisa,nds of d(-,li;rs fromt oiir ba,nkiii-, iiist~itui a icinch so,is ih~- f)i d- thions, and withhold it from the coimuinnity. 1(. eniit tfil iet.' tiy th e gte, from fil ls ['i Do my,efiCoeriatci fiend wish to make baikS~olonion] ican,inou t con istent iy r-og in onuioF,oly, in the hasnuds of a few ne, !I:h opi,fce right urioc the reciod who alone have te miotley ud wealth to coiia'l s h) w, whatelover ni iy beho th e OpiniOn, the rolit eontirely? if they do tIihey will most is!-eol)ie. howev-er Tiich'lC(y mny be'o aphrdnte d,erodlt ac,'timpish their obje,ct by \ o''I4g for uT),,) iis s o',; i,,i, th I h iv e at li eas t hi"0h,:e this article -s it now stanidi(,. N(,lw I d, sire(, no Iy ty Ill (C.I fi~ith to ti i e ( piee (eofliS,.t 1i, sich 1ing1, and believiciig tlat will be tlhe efect ie.11(eltl-Irin to i-ve placed in the c,nst'u- of this, I shl'il be cotiiiiie!1c1d to vote agailnit th t'o..1 provi-,i n C whioh tfee o)eople mi'hlit be;,rticle as itt t,iw stinlds. or,?,it~, C.(ist'it-Itions i' they liThe proposition I ihlve offeered, I believe, does i tiie.n. ll thot the peol)le seO11t us here to lIIi. (t,loaves Li n us loo11) tit tis rtiole a,on en t as it now to th1em0( the i'igh[ to cte kiug iCstitttlis,ai staod-, aId i t ap utoit of vie(wV that I desire to,nd iapose res trictionsi,s will guard a11 ote to tlhe 11( 11rati s ide of t1 lhue. Il lpr'otect their ri g ht I 1)1 lieve theat I tiove dis ~lie first 11ace there is in tilis a rtcle a provision c Ihargeod my (dIitv when I hi ive (ofl'0rell ilhis prothat stock-'. lll be diel)ositoed lw-ithi state offi- position, aniu pilt nislf u poInI reocrd iin fia vor ~ -., b y wi I h bill-hi1olOer is t'i lbo seer,, of it cud I thirlot ir ask the yeas atd nays wh;ch stocks sl5 amiount. to ten e(r cent. 111ore uo it. [33d Day Thiursday] G LLASItY-TRAEIt —ItIARRIS-CLARKE, of J.-IEMERSON, &c. [February 26th The ye.as and nays were accordingly ordered. that the people are about as capable of voting 'r. GILLASPY. I will not undertake to say understatdingly, upon this que-tion of banks, but w-ha4t the gentlemiian from Johnson [M.N. as they are upon the question of taking stock Cltrke,j is fully capable of representing his owi railroads? constituents.'anid stitilg what they mtay desire Mr. GILLASPY. The taking stock in a rail and wish. But when he undertakes to tell us road is a simple li)roposition. BIt this branking what our constituents desire, and what they law is as long as the moral law, or the North wrish and expect, if' what he has said upon the Pole, with tenrl thousand piovisions in it. And I sul)iect is true, I undertake to say that he does would ask if the gentiemiin himself, not being a not know anything,about my constituents. lawyer, but a mniere physiciran, is conmpetent to , m,in in fivol iof at-iuks myself. I desire to aldertake to define, alt the first glance, tl-he consee a iyste,ion of binkini- inoaugorated that shall Istitutional provisions, ard all the( legal effects of bo l)iofi le to the binkers ainrid acceptfable to the laws passed by the General Assembly of this the peopie. if possible. There are some nlen in State? my counIt who are opposed to banks of any Mr. tIARRIS demanded the previous quesklind. Butt t lare majoriity of imy constituents tioil. are in f'tvor of blanking. Acd I undertake to The demand for the previous question having si.y there are not teil men in my county who been secondedwvould be satisfied with the action of this con- The main question was ordere to be put. The main question was ordered to be put. veoltion if tlhey merely removed the restiiction in the old constitution without providing some lle, o Js on safeguards and checks upon banking. by r. Clarke, of Johson. 11 ~ ~ ~ ~ ~ ~~~~~Upon this question — I believe we have acted unwisely about this Upon this question matter. lv ws opposed to thLze clenuibo, of tlhis M1r. CLARKE, of Johnson, called for the yeas apetiatl comI inoi tao \t e lied had a stndins and nays, arnd the, were otdered accordingly. s,pecialt comi-nnitee.. \'ke had laid a st:tndinga conmmittee whith had examined the subject of The question being taken, by yeas and na:ys, inor por ations3 and banking, -and h d mide a re- the amendment was rejected; yeas 5, nlays 30, as port upon it. The convention spent a whole follows: week in the consideration of that report; and to Yeas —Messrs. Bunker, Clarke of Johnson, my mind, if they had continued to extmine and Itall, Skiff and Wirren. contsider the subject as they should have done, Nayis-The President, Miessrs. Ayres, Clark, of the nign,ht have passed it by this time, without Alaimnakee, Claike of lery11, Day, Edwards Ells, any of this struggle we now see. Emernson, Gibson, Gill'sfpy, Gower, Gray, lar I shall vote against this report of the special ris, oirgsworth Johston, larvi, Palmer 't1.It comes in he~ 0'hen no niPe i;s i, Patterson, 1'eters, Price, Robinson, Scott, committee. It comes in herec when no one is, looking for it, except a few pai ticulatr gentlemei Seely, Solornon, Todhuiiter, Traer, Wilson, Win chester andi~ Young. hetre; and it is atttemnpted to pass it thlrotlgh chester l Young. here, with few amendments, with railroad speed. Mr. EMERS()N. I wish now to offer an I cannot recollect, now, half the provisionsl of amendment. the amendments made by this special report; The PRESIDENT. No other amendments are and since I cannot lhave the opportunity of hav- now in orlder, the previous question havitig been itjg it bef;)re me, of seeilng all its bearings, so ordered and sustained, which cuts,ff aill amendfai as I anti capable of appreciating them, I ments. The question is now uponII adopting the shall vote tagainst it, believirng, as I do, that we report of the special committee, as amended. should go back to thl-e original report, and so Th estion ws the taken, y eas an The quiestion~wwas then taken, boy yeas and amelid that as to meet the wishes and desires of1 n!ys, upoi adopting tIe report, and it was th 2people. agreed to; yeas 30, nays 5-as followes: Ti!ere is not a man in my county who could teas-The President, Mlessrs. Ayres, Bunker .have got one hundred votes upon the broad priri- Clark of Al iiii ikee, Clarke, o Henry, Day, c;iples of the pr,,position of the gettleman from Edwards Ells, Gibson, Gillaspy, Gower, Gray, Johnson, [MIr. Clarke], that of rermoving these Hall, tarris, Hollingsworth, Johnston, Marvin, restrictions entirely, and allowing the legisl Pler, Prv, Pattero, Pice, Robison Palmrer, Patrvia), Patterson, Iliice, Robinson, tore to pass any kind of b'lking law they mlight Scott, Seely, Skiff, Todhurter Traer, Vil on, choose. As it h.s been said this mornling, ift'Wiichester and Young. .-anv kind,f banking l1aw is passed, men may go esrs. Clke, of Johnson, Emerson, Nay,s — essrs. Clarke, of Johnson, Emerson, into the country and tell the people that it is Peters, Solomon and Warren. susceptible of this construction and of th it con- * * *' t Al~~~~~r. CLARKE, ot ttenry, when his namc was3 strtiction, and imav possibly get the people to e * i. I he te o wIl called said he voted for the report under provote for it. N>ow, I nope tne convention wll1 go test. back to the origiunal report of the standing committee on incorporatiotsa, and so amend it as to On motion of Mr. TRAERinc-:rporiite the proper restrictions aud securi- The report was ordered to be engrossea and ties i11 it. read the third tinie. Mr. TRAER I would ask the gentleman from Mr. CLARKE, of Henry. I wish to say, in Wapello [Mr. Gillaspy], if he does not suppose explanation of the vote I gave under protest, i'94 BANKING. 33d Day] MISCELLANEOUS, &C. 795 TRAE R-MNIARVIN —-GIBSON-SKIFF-CLARK. that it was not in regard to any of the provisions will not prevail. Justices of the peace should that relate to balnking, but it was in regard to not be allowed to have jurisdiction of so large the question of restricting counties in taking an aniouriunt as five hundred dollars, or anythilgl stock, and some other things. like it. They are not created to decide questions of so much import,nce, but to settle neighbor 3liscellaneous. hood difficulties, where the amount in controver sy will not warrant parties to subject themselves 3Jr. TRAER. I move that we tlake up the re- to the expense of going to courts better qu.ailport of the committee on miscellaneous sub- fled to settle legal questions. I would be in fajeci s. vor, myself, of retaining the sum named here The PRESIDENT. If there be no objection, fifty dollirs-but I have no particularobjections to extending it to one hundred dollars. Even if the Convention will take up the report indicated to exteoingit to one hundred dollars. Even if by the gentleman from Benton, [Mr. Traer.] justices of the peace were qualified, and had the by the gentleman from Benton, [MNr. Traer.] 'requisite learning and ability, they live, as a No objection being made, the report was taken requisite leainin and l he te is general thing, in a neighborh(,od where the dis ~~~~~~up- I.~ pates, which they are called upon to adjust, Mr. MARVIN. I move that this report be re- originate. The plaintiff in a suit generally goes ferred to the committee of the whole, and that to a justice of thle peace, states his case, not unit be made the special order of two o'clock this frequently takes the advice of the justice in the afternoon. matter, and enlists his feelings in his behalf be MIr. GIBSON. I would ask the gentleman to fore the process is issued. Then, again the offimodify his motion, that we go into committee of cer who summons the jury in, jury trial, also the whole upon this subject now. We have half lives in the neighborhood. Ile is generally upan hour yet before the time for recess, which pealed to, and his sympathies aire excited, and we can spend in considering this report. thus there is a feeling enlisted on his side on MAr. M'ARVIN. I have no objection. |the part of the court and jury that are to dis The question was then taken, and tle motion pose of the matter. was agreed to, tupon a division; ayes 16, noes If we are going to extend the amount of junot counted. I risdiction of these justices of the peace to five hundred dollars, why not strike out of the con Committee of the hoe. stitution that provision which creates a district Comm~ittee of the WhFlole. court? If they are capable of decidlig cases The Convention then resolved itself into com- where the amount of five hundred dollars is in mittee ofthe whole, (Nr. Todhunter in the chair,) controversy, they are certainly qualified to deon the report of the committee upon miscella- cide nine-tenths of the cases that arise in the neous subjects. district courts. The report having been read through. There is many an intricate case which would The~ sadtiwunobarise in a justice's court uinder an extended jur The CHAIRMAN stated that it would now be tisdiction of that kind, which would require the read by sections for amendment. most nice, refined, and profound knowledge of .urisdiction of Jostzces of the Peace. the law. It is carrying the jurisdiction of the justice's court entirely beyond the scope they were intended to have. I am opposed to giving Secton one was then read, as follows them this extended jurisdiction, and I hope the "The jurisdiction ofjustices of the peace shall amendment of the gentleman from Marion, [MIr. extend to all civil cases, (except cases in chan- Gibson,] will not prevail. cery, and cases where the question of title to Mlr GIBSON. I am surprised at the po~ition any real estate may arise,) where the amount in which the gentleman fom Al akee [r Clark controversy does iot exceed fifty dollars, and by takes upon this question. Take the position of the consent of parties may be extend d to any that gentleman, and we would naturally come amount not exceeding three hundred dollars." to the conclusion that our justices of the peace to the conclusion that our justices of the peace Mr. -KIFF. I move to strike out, in the fifth were corrupt, that they were liable to be bribed. line, the word;fifty," and insert in its place, He has even gone further. He tells yotu, that "one hundred." even a jury before a justice's court are liable to Mr. GIBSON. I move to amend by inserting be corrupted. Would not the same principle "five hundred." extend to a jury in a district court? Is not a Te CHIRAN Th question will be first jury of a district court composed of citizens of taken upon striking out "fifty." the county? and is not a jury of a justice's court The * question was tcomposed of citizens of a county? and where is The question was then taken, and the motion the difference? Would there he a greater liabilto strike out was agreed to. ity to corruption and bribery in a justice's court The CHAIRMAN. The question will be taken than there would be in a district court? first upon filling the blank with the largest num-Fle says also that increasing the jurisdiction er. oif justices of the peace would virtually do away Mr. CLARK. of Alamakee. I hope the motion with the practice of the district court. Not at of the gentleman from Marion, [Mr. Gibson,] all. We do not seek any such thing; we only 795 33d Day ] MISCELLANEOUS, &C. [February 26th Ti-iursday] uvuior, — doll lOi 01- Cs iou involve a OCOL of nii irs, upon a p not ot hind. 1 do not supl?ose that ( 01(1 aoply to a promisoi y note 0r one so froni Al makee is in the Ii il,i of tllo'inil diill4r5 aid thit the lostices of the C mot simpi note of l)CICC v ho i i nipetent to deede queltion that ''100 at lo t1' n h C pil- CCIIt and will si e ii hi court upon ellilols (If fli t dollirs wuold p" t d t this expeuse of going would he competent to decide open claims of 'i' CiO'' )r collecting his money five hunoi d or a thouond dolla 11 is for aol uliu ose 0 d. Ii' it be Ii 01150 tOaL the b( nefit of the plaintih' and deft no sot th lit cim"l cite I ii the 15 some doubt abont it, we require certain cases to be detersiiiued iii a h inOiS iluil him log the suit thinks the cheaper court. I am opposed to saying that 'silee of the peace would hot be competent to the justice shall have jurisdiction in cases wlici'e 'r it he is not copell d to brIng it hefois h m, tie amount in colitriversy is five honored dolo'it he Cl commene his suit in the disti let I irs, but I am willing to fix the sum lit two co'it It tI e iodis idnIl however, to whom the himileed dollars. Tius sum would cover a large ilv'i' is cool 1 to refer the matter to jority of business transactions. she 3utic, sd t]i who may he ciJled, ore tli t w w' 11 toi'biil it? Is it ight md lr. CLARf' of Alamakee. If, in the exten t cc sod mdii idosi to tsL'e a c ie into don of the jurisdiction of justices of the pellee coort a lien iheic i no ah'olute ne- here asked, it were conflued to the collection of C5litv ior It I thiuk not debts, it would perhalis he less oltjectioriable. It ms be 5? th som I h se named here, But the junsiliction is general, with coly two ,e t ULt or i too hni. woldn o ct n qusin erer i i t rl i Su tool >oi0f g, ill tIh in ivolved. Wviti- these two excepti(iins, the gen wta oid b)e -,o trie lin 3 out9w of tle exteil- tleman from IMarion, [Mr. Gil-son,] by his sion of' a juisi-,diction of a jcistl,ce to thjis ami-ount. ol 0 iiiditon of a jmStce to tis amount. aendment proptes to raise the jurisdiction of I ssure the con ven tin that I will lot by arny, I - sore t tl... I..i llnotby yjustices from orie hutdred dollairs to five lhunNote of mine go for limiting the jurisdliction of dre( l conceivableces that my :'ostces t suis tha shal notexced ieI d dollars, ini all conceivable cases that may julstices to suits that shall not exceed in IJ~~'t ~ ~'~~~ I ariise in the intricate transactions of man with iamotnt fifty dollars, nor over one hundred dol- his lw-mn. Ihis fellow-mlm. lors. At the least calculation, I think the jiuris iction should be extended to three hunidred side of the question to myself aire conceirned, I If we make the office of juistice of the peace an do not feel dispe,sed to take up the time of the office of trust and importince, there will be a convention in rep)lying to them. In thle first greater inducement held out to the people of a pl)ice, I do not feel that I am governed in this township to elect their best men to this office. respect by any pecuniany considerations that If gentlemen are accustonmed to having justices ma,y flow fiomn the aduoption or r.jection of the of the peace who are not competent to attenl to amendment offered by the gentleroan fiom Mathese matters, they ought to select better men. rion; and in the next place, if I were thus to be It is not so in the section of country that I lilitve governed, I would( certaitnly wish to have the the h'onor to represent. I woull prefer ratlher jur!sdiction of justices extetnded to all s bjects, to takle a civil Suit for the collection of a debt to have all restrlictions upon t'!;eir jorisdiction of five hutndcred dollars before a justice of the removed, and give them ajuirisdictioii co-extenpeace there than before the district court, b)e- sive with every court in the county; with a 33d Day.] JURISDICTION OF JUSTICES OF THE PEACE. Thursday] MAnvIN-Gow~a-BUNKER-GIBoN. [February 26th right of appeal to a higher court. Instead of often from the very nature of things. Alen canpreventing litigation, it would increase and mul- not avoid taking sides in a controversy, either tiply the fees of attorneys indefinitely. But on one way or the other. A man cannot see a the other hand limit their jurisdiction, keep fight between two brute beasts without-having them within the sphere within which they were his feeling enlisted upon the one side or the intended to act, and it will curtail litigation. other. These feelings are honorable to hu an The gentleman from Mlarion, [Mr. Gibson,] nature. They were created by the same Being thinks that I am actuated by pecuniary motives that created him, for good and wsise purposes. in my opposition to the amendment he has pro- The difficulty is that a justice of the peace posed. It will not be perhaps more than just living in the very neighborhood where diffithat I should pay my friend a little compliment. culties arise, is apt in a good many cases to have He says th.it he desires to give dignity to the his mind prejudiced either one way or the office ofjustice of the peace, and it is very pos- other, and for this reason I do not want his jusibie that he is looking to that office in his own risdiction extended to cases where a large neighborhood. amount is involved. I want it confined to minor controversies between man and man. But the gentleman says that if you have a minor controversies between man and man. debt of one hundred dollars which you wish to Mr. MARVIN. I do not think it is necessary collect you cannot commence a suit before a to spend a great deal oftime upon this question. justice, butmust wait until the district court Every member hbre has doubtless made up his opens. This does not necessarily follow. Under mind how he will vote upon it. One great obour present constitution, district judges of any jection to extending the jurisdiction of justices district can make rules by which a suit may be to cases where the amount involved is five commenced and brought to judgment in vacation; hundred dollars is, that it will make business where there is no defence. You can take judg- for lawyers, and for this reason I would limit ment by default in such cases, ca lculate the their jurisdiction to cases where only a small amount and assess the damages. There is no amount is involved. 1 am willing to give them difficulty at all about this matter under our jurisdiction in cases involving one hundred dolpresent laws. lars. The gentleman from Wapello, [MIr. Gillaspy] Mr. GOWER. It so happens that I have had states that it will be better for the plaintiff, that some experience upon this subject. I have been the amount for which parties can sue in justices called upon to serve as justice of the peace for courts should be two hundred dollars, for the about seventeen years, and I have served where reason that the expenses will be less. There is the jurisdiction has ranged from twenty to one no need of making expense. If the parties do hundred dollars. My-observation leads me to not wish to litigate and the only object is to get believe, that the amount, one hundred dollars, judgment, Ietthemtake judgmentby confession now established in our code is the most conveand by default. But on the other hand suppose nient sum to be fixed as the amount orver which there is a desire upon the one side to obtain the justice sl have jurisdiction. justice, and on the other to over-reach; is it not MIr. BUNKER. I will simply give what I confor the best interests of both parties, that the cei% e to be the reason thlit influenced the comcaseshould be brought into a court in the first mittee in making their report. In cases of litiinstance which is competent to render judgment, gation before justices of the peace there is genand from which there is no appeal upon the erally some little feelin)g mixed up with the matmerits? I find that as far as my knowledge ter in dispute. The constable, or officer of the upon this matter extends, three fourths of the court, is very apt to be influenced by this feelbusiness of the district courts comes from the ing, without being aware of it- and he is liable justice's courts in theshape of appeal suits. to let that feeling manifest itself in summoning The gentleman from Marion is surprised at his jury. We proposed, in committee, to limit the idea that any undue influences are brought the amount of the sums in controversy over to bear upon the justice's court,and he asks why which justices should have jurisdiction to fifty can they not be brought to bear upon the dis- dollars. So far as I am acquainted there is not trict court in the same way? Hle says also, one case in ten, in which the amount of properthat the jurors in the district court are the ty in controversy exceeds fifty dollars, where a jurors of the county, and he asks if jurors in decisio taen isade in a justice's court, that an justice's court are not jurors of the county also? appeal is not taken to the district court, and you We all know the difference between these ju- have thus the double expense of a trial before a rors. In one case the jury is selected by the justice of the peace and before a district court. sheriff through the county, and in the other This wasone important reason which influenced case the jury is selected by a constable in the the committee in reporting as they have. immediate neighborhood where the trial is to Mr. GIBSON. I would say to my friend from take place. And in many cases this officer has Alamakee, [Mr. Clark,] if he intends to make his feelings enlisted upon the side of the plain- me a justice of the peace, I would take it as a tiff, when he summons his jury. I do not mean great favor, if he would vote for the proposition to be understood that justices of the peace and I have made, because, if I were a justice of the juries are corrupted, or that they are dishonest; peace, I should want a jurisdiction of five hunbut the results I have named will follow very dred dollars. 101 797 [February 26th Thursday] MARVIN-GOWER-BUNKER-GIBSON. JUPISDICTION OF JUSTICES OF TIHE PEACE, &C. [33d Day. GILLASPY-GIBSON-CLARKE, of J.-SCOTT. chancery, and cases where the question of title to any real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars." The question was then taken upon Mr. Gibson's motion to fill the blank with five hundred dollars, and it was not agreed to. Mr. GILLASPY. I move to fill the blank with two hundred dollars. The question was taken, and the motion was not agreed to. The question then recurred upon the motion to fill the blank with one hundred dollars. Mr. GIBSON. One hundred dollars is a very inconvenient sum to be settled here as the amount. I think it ought to be a little over that amount, say one hundred and twe,lty-five dollars-for that amount will a little more than cover the principal and interest where the note is for one hundred dollars. The question was then taken on filling the blank with one hundred and twenty-five dollars, and it was not agreed to. The CHAIRMAN. The question now recurs on filling the blank with one hundred dollars. The question was taken, and the motion to fill the blank with one hundred dollars was agreed to. On motion The Commiittee then rose. Section two was then read as follows: "No new county shall be hereafter created containing less than four hundred and thirtytwo square miles; nor shall the territory of any organized county be reduced below that amount; Provided, however, that the county of Worth, and those west of it, on the Minnesota line, may be organized without additional territory." TMr. CLARKE, of Johnson. As the chairman of the committee on miscellaneous subjects [Mr. Bunker] is absent, I will state the reason for making this proviso here. The section, as it now stands, is the section in the old constitution upon this subject, with the addition of the proviso, which is rendered necessary from the fact, that upon a late survey of the boundary of this State upon the Minnesota line, it was found that the county of Worth, and the counties west of it, contain less territory than is required to make them constitutional counties. Hence the reason for offering this proviso, so that these counties might be organized with their present territory. Mr. SCOTT. Before the question is taken upon the adoption of this section I wish the gentleman to take into consideration the propriety of leaving out this section entirely. There is one reason why I believe we might safely leave it out, and it is this. There are some counties forming districts in which there are large cities, as is the case with Dubuque county. The county of D,libuque is not large, but the city is, and is growing rapidly, and the strength of the city exceeds that of the county. The city overshadows the county in the appropriation of the funds of the county. It is the ruling power and can appropriate the funds of the county to whatever purpose it may see fit. There are quite a number of other counties in which there are large cities. The taxes in Dubuque county are larger than in any of the other north-eastern counties, several mills on the dollar more. There is no good reason why the taxes in farming districts in Dubuque county should be larger than those of Delaware or Clayton county. The city of Dubuque is a citylr of sufficient size to couduct properly a separate organization. As a city with its immediate suburbs, it should have, in my opinion, an organization separate and distinct from the farming or rural districts, that are now comprised in the county of Dubuque. And those farming The PRESIDENT havin g resumed the Chair, The CHAIRMAN reported that the Committee of the Whole had had under consideration the report referred to them, had made some progress therein, and instructed him to ask leave to sit again. The report of the committee was received, and leave granted accordingly. On motion The Convention then took a recess until 2 o'clock, P. Al. Ir. GIBSON. I move to strike out "three," and insert in its place, " five," so that the section will then read: ", The jurisdiction of justices of the peace shall extend to all civil cases, (except cases in, i-98 Th-ttrsday'3 [February 26th The question was then taken, and the amendment was not agreed to. No other amendments being offered to this section Sizc of Counties. 1-n Convention. EVENING SESSION. The. Convention met at 2 o'clock, P. 11., and w,,ts called to order by the President. The Convention then resumed, in Committee of the Whole, (,LNir. Todhunter in the Chair,) the consideration of the report of the committee on miscellaneous subjects. The CI-IAIR'iNIAN. The first section of the report is still open for amendment. Jurisdictioiz of.Tustices of the Peace. SIZE OF COUNTIES. Thursday,] ScOTT. EFe bruary 6th districts should have a county of their own, and have their own municipal regulations, so as not to be overshadowed by the vote of the city. We have a good many precedents of this character in Eastern cities, which are separated and divided from the farming or rural districts. The people in my country are about equally divided in regard to the questio n whe ther the restriction in regard to county limits should be taken away entirely. Some believe tbat it should be taken off entirely, upon the ground that the individuals resident within the counties know best how large the limits of their counties ought to be; and that those who are to support a county organization are certainly the best judges in regard to this matter. If there are taxes to be levied for putting up public buildings, they are the persons who are t o bear th e burthen. It is claimed, therefore, that they should be entitled to say what the county limits should be. Others, again, take the opposite ground, and claim that there should be a restriction in this matter. I do not wish to take sides with either of these classes. There are many cases within the knowledge of all t he gentlemen here-there are certainly within may own knowledge-where the influence of the city over the farming districts connected with it by the same county organization is felt in the shape of burdensome taxation. There is no just and good reason why this should be the case. The taxation in Dubuque county as near as I can recollect-and the gentleman from that city can correct me if I am wrong-is something like fifteen mills on the dollar, whereas the taxation in Delaware and Clayton counties is something like seven or eight mills on the dollar. I claim that if the farming districts now connected with the county of Dubuque were separated from it, and had a separate county organization of their own, their taxes would not exceed seven or eight mills on the dollar. One thing is true, that there are many of our counties that are too large. Another thing is true, that if many of the county lines were established be n atural ba rriers and not by th e laws, the counties would be better adapted to meet and accommodate the wants of the people than they are now. The county which I represent has a river running through it, which is bordered on either side by high bluffs, that form a natural barrier between the two portions of the county; and this is the case in several other counties of the State. I h ave been info rmed that a porti on of the funds belonging to that county h ave bee n appropriate d by the cou nty judg e in building a bridge from Dubuque ove r to the isl and. This appropriation may be co nsidered just and proper by the city of Dubuque, but the people in the farming districts do not so consider it. It is true the c ounty judg e may think it is right to make an appr opriation for b ridge purposes in any por tio n o f the county. But if the taxation sh ould become burdensome, I believe that in this case i t would be just and proper for the fa rm in g districts to sever from the city and let each have its own muncipality; let the c ity take care of i tself, and have its own incorporated boundarie s, and its own c ount y l im it s and organization, and let the farming districts take car e of themselves and have their county organizgti ron, too. I belie ve if g entlemen will take this view of the mat ter, they wi ll s ee no goo d reason why there should not be, under wholesome restrictions, counties formed of districts containing less than four hundred and thirtytwo square miles. It may work against the interest of those gentlemen who represent counties that are immediately connected with cities; but it will certainly not work against the formation of the rural portions of these counties into county organizations of their own. I think gentlemen con see a very plain reason why it is no mnore for the interest of those living in the west,er, side of Dubuque county to build a bridgfe fromn the city of Dubuque over to the island, than it is for those living in Delaware county. In fact there are many there who are not interested as much as those who live in Delaware county. It is for the interest of all who live in that section, but it is more immediately for the interest of those who live in the city, as the building of the bridge will be a great advantage to the city. If the restriction with regard to the limits of counties were taken off, it might lead to a re duction of their size in m'any cases, and certainly they might, by taking natural barriers as the boundary line, be formed in a better shape than that which they have now. It might possibly lead to a reduction of the size of counties so that they would be entirely too small for practical purposes. I have no doubt, however, if the restriction were taken off, that the thing would soon regulat e itself. When cities and farming districts are connected together under the same organization, they are apt to be divided in feeling; and there grows up very often a strife and rivalry between them. If the city is large it w1ll overshadow the country districts; and if the country influence is the strongest it will overshadow the city. They should be disconnected from each other in my opinion, where it is practicable, for they have not the same identity of interest and feeling. I move to amend the section by inserting after the words "; four hundred and thirty-two square miles," the following, "except in cases when they include cities containing five thousand inhabitants," so that the section will then read: ,'No new county shall be hereafter created containing less thatn four hundred and thirtytwo square miles, except in cases when they include cities containing five thousand inhabitants; nor shall the territory of any organized county be reduced below that amount. Provided, however, that the county of Worth, and those west 33d Day] 7.99 Ti-iursday,] SCOTT. [February 26th I S Thursday] EMERSONN-SCOTT-SKIFF-GIBSON —HALL-CLARKE, of J.,&O. [February 26th of it, on the Minnesota line, may be organized without additional territory." Mr. EMERSON. I certainly feel deeply grat ified at the interest which my friend firom Clay ton, [Mlr. Scott,] has taken in the city and coun ty of Dubuque. I am aware that it is very in efficiently represented upon this floor, and I am glad to have my friend take up the matter and assist me. But I must say that I have no knowl edge of the difficulties existing in the county of Dubuque of which the gentleman speaks. I hope the convention, so far as Dubuque is con cerned, will give themselves no trouble about any difficulties which the gentleman alleges to exist there. Mr. SCOTT. I had no particular motive in referring to Dubuque, but I merely referred to that county to illustrate the general principle which I laid down in my argument upon this question of limiting the size of counties. I do not say that Dubuque is worse in this respect than other counties in which there are cities. Mr. SKIFF. I endeavored to obtain the floor before, for the purpose of calling up this same subject, in obedience to instructions I have re ceived from the county I represent. I willstate to the convention that a respectable portion of the county I represent are in favor of having no restriction at all upon the limits of counties. Such, however, are not my views, and I am in favor of the section proposed here, and I hope to see it carried. Mr. GIBSON. I would inquire of the gentleman from Clayton, [Mr. Scott,] which side of this question he takes. Do I understand the gentleman to say that he is instructed to favor both sides? [Laughter.] Mr. SCOTT'. I hope there may be a perfect understanding between the gentleman from Marion, [MIr. Gibson,] and myself in regard to this question. I will wait until the discussion of the question has fully elicited the expression of the convention upon the question, and perhaps with the light which I shall receive from the remarks of the gentleman from Marion, I may then be enabled to make up my mind how to vote. I do not know which portion of my constituency I ought to represent. I wish it to be understood that I do not take up the cudgels in favor of either side. I do not believe it my duty to do so, bu I will state the wants and wishes of each, and gentlemen can take such view of the question as they may see fit. Mr. HALL. I understand you then to be on the fence. Mr. SCOTT. Most emphatically. (Laughter.] The question was then taken, and the amendment offered by Mr. Scott was rejected. Mr. CLARKE, of Johnson. A portion of my district are somewhat interested in this question. I am like some other gentlemen, in rather a peculiar position. I move to strike out this second section. I make this motion because a portion of my constituents desire that it should be left to the legislature to regulate the size of coun ties. In order that I may represent them here. and do justic e to my own position, I make this motion. Mr. BUNKER. I hope the section will no t be stricken out. I believe that striking out this section would only tend to benefit parties interested in ge tting up new counties, and building up county seats for their own advantage. Mr. CLARKE, of Henry. It is very important that we should have a provision of this character in our constitution. If ther e a re cases where the limits proposed here would work a hardship, we might amend the section, so as to provide that the limits of counties should be smaller. I am decidedly opposed to striking out this section, and leave this matter to the legislature, where questions in regard to the size of counties would be continually (oming up, when there was some little dissatisfaction expressed in regard to their location. If gentlemen will look at the map of the State, they will be satisfied if we leave this matter to the legislature, that questions of this kind would be continually springing up in counties where the county seat is upon one side of the county, and where speculators will want to establish a new one for their own benefit. In order to guard against this thing, I think that we ought to retain this section. The question was then taken upon the motion to strike out the section, and it was not agreed to. There being no farther amendments offered to the second section Section four was then read as fo llows: "Every person elected or appointed to any office, shall, before enteritig upon the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office." There being no amendments offered to this section I SIZE OF COUNTIES, &C. [33d Day. 800 i I State Boundaries. Section three was then read as follows: ,,The boundaries of the State may be enlarged, with the consent of Cougress and the General Assembly." There being no amendments offered to this section Ga,lh of Officers. -Elections to fill Vacancies. Section five was then read as follows: " In all cases of elections to fill vacancies in office occurring before the expiration of ii. full term, the person so elected shall hold for the residue of the unexpired term, and no longer, unless re-elected; and all persons appointed ta LOCATION OF STATE UNIVERSITY, &o. Thursday] CLARKE, of ll.-WINCIIESTER-J0IINSTON-PR1CE, &C. ~Febrary 20th fill vacancies in office, shall hold until the next general election only." The seventh section was then read as follows: "The General Assembly shall not locate any of the public lands, which have been, or which may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exelupted, shall not exceed three hundred and twenty acres." Mr. CLARKE, of Henry. I offer the following to come in as an addition to the section: "And until their successors are elected and qualified." " In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term, and no longer, unless re-elected; and all persons appointed to fill vacancies in office shall hold until the next general election only, and until their successors are elected and qualified." Mr. PRICE. I offer the following as a substitute: "The General Assembly shall not, without the consent of the occupant, locate any public lands which have been or may be hereafter granted by Congress to this State upon lands actually settled, provided the claim of such occupant so exempted shall not exceed three lihundred and twenty acres." No othe r amendment being offered to this section-T The question was taken, and the substitute was not agreed to, upon a division; ayes 10, noes 11. Mr. HALL. I move to strike out the sec tion. Mr. CLARKE of Johnson. This is substantially the provision contained in the present const.tution upon this subject. It is necessary to have such a provision as this in order to protect the rights of settlers, in case any other grant of lands should be made by Congress. That is the only reason for adopting it; and the Committee on Miscellaneous Subjects, upon reflection, thought it best to make this provision. It can do no harm, and it may do good; it may protect settlers, if there should be any grant of lands made by Congress, in addition to those already made. " The State University shall consist of a single institution, and be permanently located at Iowa City. The present State Capitol, with such improvements and additions as may be provided for by law, shall be occupied by the State University, when not used by the State for other purposes." MIr. WINCHESTER. I move that this section be stricken out. Mly object in making the motion is this: I do not think that the convention should have any thing to do with local matters, or local institutions. If we adopt this provision, it will be considered as a precedent, and we may then go on and provide for the location of every charitable institution in the State. I think the least we have to do with these matters the better, and the pr oper c ourse, in my opinion, would be to refer all such questions to the action of the legislature. Mr. HALL. I do not see the necessity for this provision. Under the present liberal preemption laws, there is no danger to the settlers, which it is necessary to guard against by the adoption of such a provision-as this. I am unwilling to put the State in a p osition in which I would not place an individual, and therefore I move to strike out this section. The question was taken upon the motion to strike out the section, and it was agreed to, upon a division, ayes 13, noes 11. Mlr. JOHNSTON. I am in favor of striking out this section, but for a different reason from that sutrgested by the gentleman from Ilardin, [Mr. Winchester.] I think the most appropriate place for the incorporation of this provision into the constitution would be to append it as an additional section to the a ticle on education and school lands. By voting to strike out this section, I do not wish to indicate any opposition to the location of the University at Iowa City, or that I am opposed to the idea of its being permanently located by the convention. Mr. GRAY. I offer the following as an additional section: "No law which may be passed by the General Assembly, and which may be referred to a vote of the electors of this State, and the taking of effect of which may be made dependent upon such vote, shall, in consequence of such reference, be held invalid, or in violation of this cont stitution; and all such additional enactments 33d Day.] Thursday] CLARKE, of H.-WINCHESTER-JOIINSTON-PRICE, &C. [February 26th Location of Land-s k?/ the State. So that the section would then read The question was then taken upon the amendment offered by Itr. Clarke, cf Henry, and it was agreed to. Location of State Univeriity. Section six was then read as follows: ,Laws submitted to the People. The question was then taken, and the motion to strike out the section was agreed to. LAWS SUBMITTED TO TEE PEOPLE. HALL-SKIFF-CLARKE, of II.-MARVIN. had just come right out and enacted the law as it came before them, it might have done some good. It does seem to me that the members of the Legislature, who have taken an oath to do th eir duty faithfully, and to investigate all subjects that come before them in a proper manner, are better qualified than nine-tenths of the people, who have not directed their attention particularly to this subject; at all events, not sufficiently to give them a proper idea of it. Mr. HALL. I rise to a question of jurisdiction. I thought the gentleman from Henry, [Mr Clarke] and myself made a treaty the o th er day. I hope he will keep his side and I will keep mine. I intend to hold him to the barga n. He said he would be satisfied with the negroes and I said I would be satisfied with the whiskey. [Laughter. So far as this question was concerned, I should have supposed the experience of the past would be amply sufficient. We have had one law submitted to the people, which fell still-born; and it has never been enforced, except to gratify feelings of spite, and only in particular localities. It is a dead letter upon the statute book, and the legislature have been glad to retreat from it. I do not wish to discuss these matters here at all. I think the legislature is the proper body to pass laws upon this subject. Mr. CLARKE, of Henry. The gentleman from Des Moines, [Mr. Hall] reminds me of an arrangement we made the other day. I always make it a point to be faithful to my engagements, andI always mean to be more faithful to them when I do not give my bond, than when I do. I believe I can appeal to the convention to confirm the fact, that the gentleman since he made that engagement has occupied all his time nearly in looking after the negroes, and now I claim my right to be looking out after the whiskey. [Laughter.] When I got up here to speak in behalf of this amendment, I had one thing in view, and one only. I do not know that there are any other questions that will be likely to come up, where the law will be left to the people. I Was somewhat astonished at the remarks from the gentleman from Jones, [Mr. IMrarvin.] I suppose he knows the history of legislation upon these matters, and is probably better acquainted with the way these things are arranged than I am. As I understand it, they are managed in this way. The legislature meet and discuss a liquor bill; they soon divide into two or three parties, all urging, as they say, what their constituents want. Some will be claiming that a law upon this subject will effect the rights of individuals, and that it is unconstitutional in this and that respect. They finalIy effect a compromise by agreeing to leave the law, when it shall be passed in all its provisions, to be voted upon by the people. That is the way these compromises halve been effected. It is not so much because the legislature are afraid to take the responsibility themselves, but it is because they are in doubt as to what the shall, upon their approval by a majority of the votes cast at such election, take effect and be in force agreeably to their several provisions." MAr. HALL. We have already vested the legislative power of this State in a legislature. This leaves it either with the legislature or with the people, just as the legislature may find conveniernt. They canl get rid of all responsibility and throw it upon their constituents at pleasure. I do not believe that such a provision is called for,'and I do not think it would be wise to incorporate it into the constitution. MAr. SKIFF. If a section were offered here as an amendment, which would provide that all laws which are referred to the people in this way, should be invalid and have no effect at all, I would vote for it, because I do not like this kind of legislation at all. I would make only on e exception of laws to be referred to the people, and that is the laws in relation to banking. Ior. CLARKE, of Hentry. The g en t le man has an exception, it seems, and he wants it considered. I ask him to extend, in a spirit of charity, the sa me right to others, w ho have other measures that they want excep ted. There are a good ma ny wh o want to leave this question of stsbmittind t the l iquor law to the people, free from all constituti o na l questions. It seems to be a fa vorite me thod in different States of the Union, and i t has been in this State, that of submitting questions to the people. You cannot deny but wh at a majority of the pe opl e of th is S tate prefer that m e thod of settling the liquor law. It is a qu es tion which ough t to be kept out of politics, and upo n which every man should have the rig,-ht to speak and act, without being called upon to vote for candidates for office, who may be nominated by this or that party. If you allow the people to vote upon this question, you get the voice of the people upon the law as it is passed. T he re is no danger of the Legislature sending all laws to the people. If the gentlemen will point out another instance, except that of subfitting the liquor question, whe r e the y have done this thing, I should think there was some force in their objections. MAr. MARVIN. I am sorry to differ with my friends, but I am absolutely opposed to this mode of legislation in every place exc pt where we have named it. In every new question that comes up in the Legislature, members might think they would endanger their popularity by the action they would take in regard to it, and therefore they would be in favor of submitting it to the people and thus shirk the responsibility of voting upon it themselves. They would then have no popularity to lose by so doing. I am opposed to this mode of legislating. I think we shall experience the bad effects of last winter's legislation, in the law which was passed, requiring counties to choose between the two laws, in relation to the selling of liquor. Probably neither of the laws will be executed under that system. If the Legislature 802 [33d Day [February 26th Thursday] LAWS SUBMITTED TO THiE PEOPLE. CLARKE, of J.-SKIFF-GRAY. and its management, and that the general assem bly, with a view of shifting the responsibility from themselves, submit this question to a vote of the people. The people of the whole state vote upon it, and the people of that portion ot the state, who are directly interested in this work, and desire a peculiar kind of improve ment, have something imposed upon them which they do not want. And this same result may follow upon all subjects of legislation. If this rule may be applied to one case, it may also be applied to another. This seems to me to be changing the character of our representative form of government, and destroying the very basis upon which the law-making power de pends. I do trust that before taking a step so serious as this, in my opinion, would be, this subject will recive full and ample consideration at the hands of the convention. If everything is to be submitted to the people, and if nothing is to be determined unless we submit it to their vote, it seems to me we had better abolish the law-making power entirely, and provide that the government of Iowa shall be a mass democracy, and provide for calling the people together en masse, to determine all questions affecting their interests. I fancy I can see great danger to public and local interests in the adoption of such a provision as this now under consideration, and I hope that it will not be agreed to. Mr. SKIFF offered the following substi tute: "I No law which may hereafter be passed by the Legislature and approved by the Governor, shall be submitted to the people to be voted up on previous to its taking effect. with the excep tion of laws in relation to banking." Mr. GRAY. I will remind the gentleman that he is mistaken in supposing that banking is the only case in which we have required a law to be submitted to the people In the article upon State debts, section four, he will find the same provision. Mr. SKIFF. I will accept that as an amendment. I do not want this wh'olesale legislation by the people. I will call attention to a matter of legislation which went before the people and which created a great deal of mischief in the State-our present hog law. It created a great deal of mischief from the very fact that it was a law to take effect by a vote of the people. The people can have the law or reject it. In one county it may be in force, while in the adjoining county it may be otherwise. Upon the line be tween two such counties, it is always a source of difficulty upon that side of the line where it is in force. The law is not equal in its operations. If we have a law uniform all over the State, whether it is one way or the other~ everybody in the State knows exactly what the lawt is. That very hog law has caused about as much difficulty as any I know of in the State. One county votes for it and another against it- and the consequence is that if you enforce it in one people really want, and whether they are reall~ p repared for such a law. It has been often used as an argument upor this subject, that the public mind is not yet pre pared for the passage of such a bill. A membe will get up and say, "I do not pretend to de fend the manu facture, use, and ve nding of thie poison," and put himselfi u p on th e record in tha way, and then turn around and say, " my con stituents do not want such a law." The onl) answer you can make to such arguments as this is, let us leave it to the people to say whethel they will have it or not. One of two things are absolutely necessary in order to get at the will of the people upon this subject. You are compelled either to elect men upon that issue, which is a most obnoxious thing, or resort to some such operation as this to get the law before the people. In order to settle this question, I am in favor of this provision, that our legislature may hereafter make such liquor laws as they see fit, and send them down to the people to be voted upon. Mlr. CLARKE of Johnson. I regard this as a very serious question, for to my mind the provision here offered changes the whole character of our representative government. Our genera] assembly is composed of members representing certain districts, and the basis of representation is population. In that way every vote given in the general assembly is the vote of a specific portion of the people; and every law passed is passed by the voice of every citizen of the State, and it is passed by an equality of votes, no one section having an advantage over the other. If your apportiontment of members is correctly made, as the constitution requires, every citizen has an equal voice in the passage of the laws. If this provision is adopted, many a local question may arise, in whic h onl y on e portion of t he State may have an interest. They may desire a law in rela tio n to th at subject suitable to their own peculiar views; and being the only parties inter ested,ey o he they would have the right in some measure, to have the law passed. This local law might be su bmitted to th e people of of the State, a majority of whom might impose upon the section of th e S tat e interested in this pa r t icu lar, local measure, something that they did not w ant. Take the case of the Des Moines River I mproveme nt. It is w ell known that there is a di versi ty of opinion in this st ate a s to th e value of that i mprov ement. Ther e is also a div ersity of opinion as to the character and management of that improvement. Suppose a bill is introduced into the legislature abo lish ing that work, or regulating its management. Heretof ore it has been very generally the practice to allow members from the Des M.oines valley to determine what they wanted in relation to it; and whatever they have agreed upon, has been passed. Suppose that somebody from some other portion of the state not particularly interested in this work, -Dresents a proposition changing the character of this work 33d Day.] 803 [February 26th Thursday] LAWS SUBMITTED TO THE PEOPLE. Thursday,] WILSON-SKIFF-HALL-GOWER-tIIAtRIS-TODUUNTER, &C. [February 26th county, it forces the people in the adjoining county to conform to its regulations. So it is with regard to the license law —the liquor law-and all kinds of laws which are submitted to the people for the different counties to adopt them or not at their pleasure. And this makes the legislature no more than a body of men to assemble here and give the people an opportunity to vote upon different questions. The people might just as well meet in their primary capacity as they did in old times, without any representatives at all; arid pass laws by the vote of the mass of the people without any legislation whatever. I want the people to come together and pass the laws. I here let them be approved and take effect upon a certain day, so that they shall be uniform. and the people seem to enjoy it well enough. I do not believe they are opposed to it. On the contrary I believe that if we should say to them that they should not have the privilege, the y would dislike it very much. It seems to me that we would better allow them this privilege. I think that is the most prudent course. I see no necessity for any prohibitions. The legislature will not be likely to extend the system of voting by the people beyond what the occa sion calls for, or so far as to be troublesome to the people. For my part, I am op po sed to the ame nd nient. Mr. HARRIS. I d o not know that any great difficult y h a s occurred from the submitting of questions heretofore; a nd I see no great difficulty which is likely t o occur from allowing this privilege to remain in the constitution. So far as the liquor question is concerned, I consider it pretty well settled now. And if there are any other vexed questions to be settled, I think the better way is to settle them as fast as we can without making any changes in the constitution to settle them. I do not believe we came here to settle any such question; and I should prefer that the matter should be left as it is under our present constitution. Mr. SKIFF. I will modify my amendment so as to read as follows: " No law which may hereafter be passed by the legislature and approved by the governor, shall be submitted to the people to be voted upon previous to its taking effect; subject to the provisions of the foregoing constitution." Mr. TODHUNTER. Is an amendment to that in order? The PRESIDENT. No amendment of this substitute is in order; it is already an amendment to an amendment. The question was then taken upon the amendment of Mr. Skiff, and it was agreed to; ayes 17, noes 8. Mr. CLARKE, of Henry. I now move to amend that substitute by adding: ,,Except laws,or the suppression of intemperance, and regulating or prohibiting the manufactrue and sale of intoxicating drinks." The amendment was rejected. Mr. PARVIN. The question now, I think, is upon the adoption of the substitute offered by the gentleman from Jasper, [Mr. Skiff.] Mr. HALL. I think not. That has been acted upon. Mr. PARVIN. The gentleman from Linn, [Mr. Gray,] offered an additional section. To that, the gentleman from Jasper, [Mr. Skiffs,] offered a substitute. That substitute was adopted in lieu of the additional section; but the ques-. tion upon the adoption of that substitute has certainly not yet been taken. The question was stated to be upon the adoption of the additional section offered by Mr. Gray, as amended by the sulbstitutionl of that offered lby Mr. Skiff. This matter has been mooted in other States of the Union. It has grown up within a few years past. As far as I am aware the best lawyers all over the Union are opposed to this kind of legislation. They doubt very muchs its constitutionality. In States where their constitutions contain similar provisions to that in our present constitution, it has been declared to be unconstitutional to submit these matters to the people. I hope this constitutional convention will either approve or disapprove it; that we will say that the legislature may submit every law to the people, or that they shall submit no law, with certain exceptions. In order that the matter may be definitely settled in this State, I offer this resolution, and I accept the amendmen t to include laws in relation to State debts, and will accept any others embraced in the constitution. M1r. AV,ILSON\. I will ca-ll the attention of the gentleman from Jasper, [Mlr. Skiff,] to the thirtieth section of the article on the legislative department, where he will find this provision: "IIn all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State; and no law changing the boundary lines of any county shall have effect until upon being submitted to the people of the counties affected by the change, at a general election, it shall be approved by a majority of the votes in each county, cast for and against it." MAr. SKIFF. I will make my exception general-" except as provided in this constitution." Sir. HALL. In the cases cited there is no necessity of having a vote of the people of the lacality at all. These matters are entrusted to the legislature, and if they do not wish to perform their duties, and we will give them the right, they will turn it over to the people. That is a principle I am opposed to; and I think it should be out of the power of the legislature thus to escape the responsibility of their acts. Mr. GOWER. I ca nnot think th ere is an y harm to arise from submitting these questions to the people. I have seen in this State considerable voting upon hog laws, liquor laws, &c., I I I [33d Day. 804 I TIME OF ELECTIONS, &C. ROBINSON-SKIFF-WILSON-PALMER-CLARKE, of J., &a. [February 26th any other manner become indebted, to an amount in the aggr egate, exceeding six per centum on the value of the taxable property within such county or corporation-to be ascertained by the last state and county tax lists." MUr. ROBINSON moved to add the following: "Judges of the different courts, members of Congress, and state, county and township officers, shall be elected at the time and place of the election of members of the General Assembly." Mr. SKIFF. I believe the committee on the schedule have that under consideration. Mr. WILSON. I will state that the commit- tee on the schedule are at work on that very proposition in relation to elections; and I think as would be better to let the whole matter go to that committee. Mr. PALMIER. It appears to me that, if such a section is to be adopted, here is the proper place for it, and not the schedule. The schedule is intended to contain things which may be dispensed with hereafter. When the organization under the new Constitution is complete, the schedule is supposed to be no longer in force. MJr. WILSON. I think, if the gentleman will look into thy schedules of the different States, he will find something in all of them which continues to exist after the Constitution has gone into full operation. And, inasmuch as the committee on the schedule have this very matter under consideration, it seems to me better to leave the whole matter to that committee to determine. They have been investigating various forms, and endeavoring to arrive at something which will be satisfactory to the Convention. Whatever that committee may agree upon, if it is sanctioned by the Convention, will become as much a law of the land as if it were placed in any other part of the Constitution. I t will have just as much effect if placed in the schedule as if it were placed any where else. Sir. CLARKE, of Johnson. I will state to the gentleman that, in the article on the judicial department, we have already provided that the election of judges of the supreme and dis trict courts shall be at the same time with the general election. That portion of the amendment, therefore, may be stricken out. Mr. HALL. There may be other judges and other courts established. We may have county judges; and want something to control those elections. The question being then taken, the amendment was rejected; ayes 7, noes 10. suppose that the Convention did not know what they were doing, or that they have changed their minds. For my part, I knew just what I was doing, and I am of the same mind yet. Mr. GILLASPY. I move to amend by s a ying that it shall be the special order for nine o'clock on each morning until the Convent i on s ha ll adjourn; and I call f or the yeas and nays upon it. (Laughter.) It has been before the gentlemen several times, and if ee do not understand it yet, I think the only way in which we can un derstand t i b a it is bry having it brought up every morning until we adjourn. Mr. WINCHESTER. I move to add, that if any member refuses to take part in the discussion of the question, he s hall be fined one dollar. The question was stated te be upon Mr. Peters amendment. Mr. CLARKE, of Johnson. If that is debatable, I hope some gentleman will be so kind as to enlighten the convention with regard to it. Mr. PETERS. Well, Mr. Chairman, I have a few words to say upon it, notwithstanding the fact that it has been before the convention several times. It is urged here that we should let this re main where the old c onstitution left it, from the fact that the attorn eys thr the a,n roughout the State are in extreme doubt whether any county in the State had the power to loan its credit to the extent of a dollar. I apprehend that so long as the counties of this State are loaning their credit, and this doubt exists in the minds of any person, or considerable number of persons, and especially in the market where these bonds are to be sold, the State of Iowa, and every county Nr. CLARKE, of Henry offered the following amendment: "No county, or other political or municipal corporation, shall hereafter issue its bonds or other evidences of debt, or loan its credit, or become directly or indirectly liable as surety, or in 102 I 33d Day.] 805 Tlxuriday] The question bein,, then taken, the section as agreed to; ayes 18, noes not counted. Time of Blection,3. Cit,y and County Indebtedneii. CITY AND COUNTY INDEBTEDNESS. CLARKE, of I.-GILLASPY —IALL-EDWARDS. has been said to me upon every side here. It cannot be denied, as has already been remarked, that some restriction would make our present county bonds worth more in the market than they now are. It would be an advantage to us, to let capitalists abroad know that these coun ties will not plunge into debt deeper and deeper until obliged to repudiate. Give them this guaranty that there is a limit of five, six, seven, eight, or even ten per cent. upon the amount of taxable property in the county, and it would make our county bonds worth more in the market the very moment this is known. But leave it entirely open, and when it is known that the county can vote an appropriation over and over again, it will depress the value of our bonds. As the gentleman from Des Moines re marked, when it was heard that Henry county had voted one hundred thousand dollars more, it affected the value of these bonds in the market instantly. So it will be every where, unless we put in some restriction. I think it is the part of wis dom, for our own sakes, to put in this re striction. Mr. GILLASPY. I have an amendment which will cover the whole case, and I think it will satisfy the convention, to add: "And that the gentleman from Lucas [-Ir. Edwards,] be requested to furnish this commit tee with the evidence of the horse he referred to in his speech upon the politics of the coun try." MIr. HALL. I hope the gentleman will not only furnish the evidence there was such a horse, but the horse himself; because he might be a match for the gentleman from Wapello. (Laugh ter.) Mr. EDWARDS. Is this motion d ebata ble? The CHAIRMAN. N o. sir. The amendment of Mr. Peters was re jected. The question r e cur red upon the amendment of Mr. Clar ke, of Henry. Mr. HALL. I want to renew my faith again upon that questi on. When I was discussing this question some days ago, I w as in favor o f letting the persons who h ad the prope rty have someth in g to say w ith r egard to it, to l et own ers control the ir own property. Gen tlemen we re very much alarmed lest the elec tive fran chise should be taken away from those who had property. So I withdrew my motion, finding that it had no friends here, a nd co nclu de d that I would leave the matter to the tender mercies of those wh o had the money, and, therefore, had the povrer to t ake it away. Now, sir, I do se riously believe that the voting of stock by the counties is one of the most mischievous features of the present age. It is taking the money from the people, and absolutely giving it away. History will record it as worse, if permitted to go on in this State, than the South Seal bubble w as. It will abstract more money from the pockets of the people than that scheme did; because we know that these debts will continue to increase ~upon the people, and we know that they do not in the State, must suffer in the sale of these boonds ust to the extent that that doubt is enter tained in that market by the persons who buy the bonds. If it is a matter of doubt, ift t is a question, whether the counties have the right to take st ock a t all, I think that the interests of the State demand that we should settle tohe ques tion one way or the other. I believe tha t we ought to take t he r esponsibility of saying whether the count ies shall or shall not have this power. Mr. CLARKE, of Henry. There is a great misapprehension upon the part of gentlemen, if they really thinke o the have here got the same c oon-skin. This is not the same thing. This proposition has not been before the convention at all. The proposition which was before the body, and wh ich wa s d i scussed here, and to ohich amendments were offered, was in a differ ent shape. It w as that no political or nml unici pal co r poration shall become a stock-holder in any banking corporation, dre nirectly or indirectly; nor in any other corporation or corporat ion s to an amount exceeding, at one time, two hundred thousand dollars, &c. The section that I have offered does not say anything about becoming a stock-holder. It merely limits the indebtedness of a count y or corporation. And i f gent lemen acted wisely in battling to bring down the in d eb tedness of the State to five hundred thousand dollars, or two hundred and fifty thousand dollars-and some of them wanted to bring it down t o nothing at all, o r in other words, to refuse to allow the State to incur any debt at all, there is equal reason for fixing a limit beyond which the counties shall not incur indebtedness. This proposition leaves entirely open the question whe ther the cou nties shall bold stock in corporat ions or not. It is simply a matter of ridicule to rise here, and speak of it as hating been so often before the convention. While some gentleme:t, some of the sages of our assembly, have come up here, and deplored this state of things, and prophesied teJat it would bring great evil upon the State, and were entirely opposed to the principle of the co)unties, or other political corporations, becoming indebted for large amounts for internal improvements, or any other purposes, yet these same persons, when the proposition is made to limit the indebtedness of these corporations, treat it as a matter of ridicule. I have offered this in good faith, knowing that it is a distinct proposition, entirely different from anything which has been before the convention. It leaves open the question of taking stock, and the question of internal improvements. It merely decides the question that the counties or other municipal corporations shall not become indebted for internal improvements, or for any cause whatever, to an amount exrceeding six, eight, or ten per cent. upon the taxable property inl that county. Now I know that if the majority of this body could only agree upon the amount of the restriction, they would be in favor of some restriction. I snow it from what. 806 [33d Day. Thursday] [February 26th COUNTY AND CITY INDEBTEDNESS. Thursday] IIALL. [February 26th get more than sixty cents upon the dollar for what they issue. These are facts. We are horror stricke n, and shudder at the idea of creating a State debt. I would infinitely rather allow the the State to run thirty million dollars into debt than to allow this county system to go on. It will be wiser for us; because we get for our State stock dollar for dollar. But now we are going into a system which is rapidly creating a debt against the people, which will abstract an enormous siim by way of interest every year, and finally the principal must be paid. In the first place we must pay eight dollars per annum for the use of sixty dollars. That is a pretty heavy interest. And finally, at tile end of twenty years we must pay one hundred dollars for every sixty dollars that we received. No man, and no county can stand up and prosper under such a system. It is all nonsense; it is all folly, to expect it. If we open the door, and permit this to go on in this way, it is ruinous. We may now laugh and joke about it as much as we please, but bye and bye the pay day must come. And then the laborers of the State will have to dig this money from the earth. and earn it by the sweat of their brow. All that we receive, and more than all, must be returned. The face of the bond must be redeemed. I fear that the day of payment will come upon us, and find us unprepared. sacred t o ma n kd toe ind pe than any other principle than that of the right to life and liberty itself. It is one which stands side by side with the natural rights of man. It is one from which we should shrink and shudder rather than permit its violation to be encouraged or even sanctioned. It will be upon a principle of national government which is made to protect and not to destroy. It will be upon one of these high, elevated principles, the violation of which would shake our system to its centre, or even tear out its very vitals. It would be upon such a principle that the supreme court would decide these bonds to be invalid. And even if the violation of that principle is lurking in our constitution, they will never sanction it. There is something in this country that is higher than the constitution itself. There are principles that no constitution can pull down. There are principles that belong to us, that are born with us, that are inalienable. No constitution can take them away from us, unless it becomes the worst kind of despotism. They never can be taken away from the American people, until we are conquered by tyrants, and are forced by the bayonet ~oyield them up. These living principles which cannot be crushed, and which no political power can take away from us, will be the cause of the decision of the supreme c;ourt, if they shall assert in their judicial decisions that this system is wrong. Whether that principle exists to protect us in this matter, I shall not pretend to assert; but unless it is absolutely necessary to assert that principle in order to defend us from this innovation, the constitution will sanction this county indebtedness; and I am willing under the circumstances to leave it there. I leave the future in the same position that the past has been in. I am willing that the counties in this state should continue to stand in the same position that they have occupied since the origin of our government. These are nay feelings. That is as far as I can go. I have voted consistently to sustain that course, all the way through; so that if mischief does come, "thou canst not say I did it." I shall continue to' vote to keep the constitution as it is, in regard. to this matter, because I believe it is better to have it as it is than to recognize the right in any form whatever. I complain of no gentleman for the course this convention has taken. Other members have their own views and I have mine. But after seeing the feeling of the convention, I come to thie conclusion that [ would at least place myself where all can say that I have done no positive mischief; I have but left the constitution where I found it, and at least prevented the principle from being recognized that the counties were authorized to incur these debts. I shall vote that the principle of allowing the counties to create these debts, shall not be recognized in the constitution. If the legislature hasp ewer to authorize the counties to create these debts, or if individuals who have no property can be allowed to create a debt against those who have property, if the county has a iight, s a political community, to go into speculations, in railroads or in any other business, should the legislature again sanction it, let it come, I have not another word to say. But so far as this constitution is concerned, I desire that there shall be nothing placed in it which shall be susceptible of the construction that we give our direct authority and sanction to this immense indebtedness, and the calamity which I believe will follow if this is to go on. There have been decisions by the court ailready, bu t not unanimous decision s. I h ave carefully looked over the decisions i n the railro ad re ports, and I fin d that it has be en pretty generally the case that ver y feew if a ny reogn izing this prin ciple h ave had the unanimous action of the courts. Wh-re this will end, I do not know; whether the court will sanction or overturn the system, I cannot foresee. But I know one thing; that the courts:]are influenced by the particular feeling of the community, and partake of the sentiments (,f the people that surround them. They will make decisions at one time which they would not make at another. This is a historical fact. Decisions were made It is said b nent lefren here that the supreme court may decide that it is unconstitutional for the counties to incur these debts. This is urged as a reason by the gentleman from Henry, [MNlr. Clarke] and perhaps by some other gentlemen as a reason why we should recognize this principle. Let me say to those gentlemen that if the supreme court ever do decide these laws to be unconstitutional, it will be upon a principle more I 3 3d Day.] 807 I COUNTY AND CITY INDEBTEDNESS. [February 26th in Mississippi under circumstances of an excited feeling which had been roused there, and remained in force for years, but they were afterwards changed, were overruled. So it has been in many states of this Union. Every person acquainted with the history of judicial decisions knows that the feeling of the community does produce an effect upon the court. I think that those decisions may perhaps have fallen under that influence. Perhaps not. But I am willing to let the great principles that belong to man, which no government can take away from him, unless heforfeits them by some act, abide with man still. I am willing the question should be decided by that, and by that alone. I am willi ng to l eave our constitution where I found it, in relation to this matter. tion and see that the y aire sh eltered and pro tected by a constitutional provision; and there will not be any probability of these bonds being declared invalid upon the ground of unconsti t ution ality. I thi nk th at the time s dema nd th at ther e should be some whol esome check thrown around this system of county subscription. I Ve have tried various plans, and I think the pr opo - sition of the gentleman fro m He nry [Mr. Clarke] will come as near meeting the wishes of gentle men of the conventione as perha ps an y ot her amount. I am willing to agree to that. Nowr. SKIFF. It seems t o Nne that we are taking up a good deal of time with this matter. We might just as well repeat all the speeches which have be en made from tho begin ning o f t h e session as to disc uss this question any more. I do not f eel di sposed t o cut off gentle me n fro m speaking upon this matter. But we hao e heard some old speeche s ove r and over again, and have voted th e s u bject down. I have always s upported the plan proposed now; but I am confident th at it will not be s ust ain ed by this convention. I do not fee l dispo sed to see i t pushed any further; a nd al though I have been a friend to it all along, I s hall o ppose the mo tion now. Mr. CLARK, of Alamakee. It is true that the convention has spent con si derable t ime upon a question similar in some of its bearings with that now b e for e th is convention. But evenf f it were the same ques tion, I thin k that a question of this importance will warrant us in investiga ting it thoroughly. I propose to occupy but a very few moments of the time of this conven tion. In the first place, I am in favor of introducing into the con stitution' a pr ovision of the k ind proposed. I am i n favor o f it ecu because I believe th at it is right. I believe that counties, as municipal corpora tions, have nomore powers than states. They have no more latitude, no more discretion. Nor are they in the habit of using their discre tionary powers with any more wisdom or pru dence than the states, or any other corporation or municipal bodv. This convention, by a very decided vote, has settled the policy as to the in debtedness of the State as a corporate body; and it has settled it upon a principle which is much more restrictive than is the one by which it is now proposed to settle it in reference to the counties. I wish our constitution, when it is framed and adopted, to be consistent; that this consis tency between one part of the instrument and another part, shall run through the whole instrument. It will not be consistent to provide that the State, as a State, shall not incur an indebtedness exceeding two hundred and fifty thousand dollars, and then to allow the coun-. tiers, or other municipal corporations, to rue into deot to any amount that they choose, even to the extent of millions of dollars. Where is the consistency between these two principles? Where is the right or the safety in allowing .the county to become thus indebted, if you will MIr. EDWARDS. This matter has been so fully discussed that I shall say but a word or two. It appears to me that my friend from Des Moines [Mr. Hall] makes it a very serious mat ter, especially when taken in connection with his remark upon other subjects, that it is easier to find a fault than to provide a remedy. It appears to me that if he looks forward to the day when the State will be ruined by the counties encouraging and engaging in the system of railroad enterprises, by subscribing for stock, he should use all his ability for the purpose of putting a check to the occurrence of any probable or possible contingency of that kind. I know it would be an easy matter, eight or ten years hence, when this extravagant indebtedness shall have proved disastrous to many counties, for that gentleman to turn back to the record and say —I told you this would happen so and so; I can show you that I was a prophet, and could look down the long vista of time; I told the convention that if they permitted the counties to subscribe for stock in the railroads, it would prove disastrous to their best interests; but they would not hee I my warning voice. Now, if tha t g entl eman is t h corret in hi s conclusions, I say that he should bring all his power and all his ability to bear, for the purpose of entirely prohibiting and restraining any municipal corporation from becoming a participant, in any way, in any of the internal improvements that may be proposed to be constructed. And if he cannot do that, I think he should go as far as anv man upon this floor in carrying out his doctrine by restricting t'-em to the very lowest limits. I should have preferred the amendment of the gentleman from Delaware, [Mlr. Peters], but if I cannot obtain that, I am willing to compromise, to take a smaller amount, and accept the amendment now offered. I am in favor of some restriction, for this reason: If we restrict the counties to a proper limit, it will have a ten. dency to indorse the credit of the bonds issued by the various counties. Incorporate into the constitution a provision of this character, and it settles the question beyond dispute. Then you can go into maIket with your bonds with a good grace; for capitalists can look at voulr constitu 808 [33d Day Tkursday] EDWARDS-SKIFF-CLARK. COUNTY AND CITY INDEBTEDNESS. [February 26th not allow the State to become thus indebted? Is the indebtedness of a State any more dangerous than the same or a greater indebtedness fastened upon a single county of that State? In the next place I am in favor of this provision from the fact that I believe it allows all the indebtedness that is ever necessary. I believe no county will ever be required to assume an indebtedness more than six per cent. upon Its taxable property, for any object for which they should ever allow themselves to be taxed, or upon any principle which gives them a right ill their corporate capacity to become indebted. I believe that counties and states have no right as such to incur any indebtedness, or any responsibilities beyond those which are necessary to support those institutions under which the people unite for common protection. So far as it is necessary for a municipal corporation to draw from the pockets of the community at large for those purposes, there can be no question as to the right; but when you depart from that pr:.nciple and assume that a majority of the people of the county or the state have the right, because the simple majority desire it, to depart from the objects which induce mankind to form a government, and to launch out into other investments or other speculations, the majority drawing the money fro.m the pockets of the minority against their will, for purposes entirely separate and distinct from the support of the government, I object to it that it is unjust and oppressive. The people come together and enter into a compact for certain purposes; and if you carry your powers beyond these, you depart from the very first principles of government. It establishes an aristocracy; and carried out, it becomes the most powerful and oppressive, and unfeeling aristocracy the world has ever witnessed. I contend that the majority have no right to say that the minority shall not have a free choice, shall not exercise their own judgment in determining in what manner they shall use their money, in what business or occupation in life they shall invest their earnings. I take it that they have no right to say that the minority shall invest their earnings in a plank road, or in any other improvement, against their will. If the majority have the right to determine for the minority how they shall invest their earnings to the extent of six per cent., or one-tenth, or onefourth, or any other proportion of the taxable or actual property, there is no reason why they should not have the right to assume the control of the whole of that property. Once adopt the principle, and there is no stopping place. There is no line that can be drawn that will stay the onward march of that oppressive law. For these reasons I am in favor of the provision nlow offered. I believe it is amnply- sufficient for all municipal and corporate purposes. It is all they will ever need; all they will ever require. It is true, as gentlemen say, that if this passes, it will prevent some counties from taking stock in improvements to the extent that they would wish. I am in favor of it for that very reason. I believe that there is a systematic speculation entered into by some counties in this State which will prove ruinous to those counties, and which, if carried out extensively, will prove ruinous to the'tate. The principle upon which some men have adopted and advocated that policy, has been very happily illustrated by my friend upon my left, the gentleman from Mills, [Mr. Solomon,] when he admits that his county, if there is any danger, has got her head under the fence, that sh(p is caught in the t r ap, and wants us to sustain a provision by wh ich other counti es may ge t thei r heads under the same fe nce anms be ca ught in the same trap. They adtnit that the principle is wrong; but they have got caught in the trap, and now think it a great hardship to them that we should interfere to preve nt othe r counties from being caught in the same way, by incurring an indebtedness which will prove ruinous. I am opposed to such a policy. If the principle is wrong, and if some counties have assumed an indebtedness greater than prudence would warrant, it is no reason why other counties should be left to fall into the same dilemma. It is no reason why the constitution should be so framed that other counties may be embroiled in the same difficulties. This very fact, to my mind, is a direct argument in favor of a provision in this constitution to preclude the possibility ot other counties committing the same error upon this subject. I am aware that at the present day I am talking against the public sentiment. I am aware that there is a feeling of speculation through this land, that the public mind has become excited, that there seems to be a spirit of reckles,lness. I am aware that although we are running in debt, we are at the present time, to all appearance-, ini a Creat state of prosperity. I am perfectly aware of all this; but I am also confident that the day is not far distant when their will be a reaction. We shall not always continue to prosper and progress in this way. This reckless expenditure, this reigning idea of making improvements at all hazards and re gardless of expenses incurr,'d, regardless of the great expense of making the improvements, re gardless of the great discount at which these bonds must be sold in the market, regardless of the heavy interest annually to be paid, regard less of the principles which govern every pru dent man in the management of his private af fairs, cannot always continue. There must in evitably be a reaction. Whenever one branch of business is crowded beyond its natural chan nel, by the use of artificial means, the time must come when the reaction will take place. And if this is allowed to go on, in the end, at a time not very far distant, the counties will begin to become bankrupt. There will be a majority of the counties of the State caught in this very trap; and then they will turn round and vote that indebtedness upon the rotate; so that in the end the State will be compelled to assume the debt. So that unless we adopt a restriction, we shall 33d Day.j 809 Thursday] CLARK. 810 JURISDICTION OF JUSTICES OF THE PEACE, &C. [33d Day. Thursday] GIBSON-CLARKE, of H.-WINCHESTER-CLAPRKE, of J. [February 26th have implanted in our very constitution itself, that which will in the end overturn our restric tion upon State indebtedness. Instead of re stricting the debt of the State to two hundred and fiftv thousand dollars, we have set fire to the train, in the constitution itself, which will even tually force upon the State a debt of eighteen, twenty, or perhaps thirty millions of dollars. Shall we do it? Or shall we pause and lay down a limit somewhere, which will have a ten(lenev to check this reckless spirit of speculation which will bring people within limits sonmewhere wihin the range of common prudence? I believe that is our duty; and I am therefore, in favor of the provision which is now proposed to be adopted in this constitution. AIr. GIBSON. I think it is very unfortunate that the railroad bridges got washed away, and thereby delayed the printing of our debates. If we had kept up with our debates as we expected we would at the commencement, I think it would not have been necessary to make these speeches over again now, as gentlemen could have referred the convention to the pag,e of the printed debates for one of their old speeches, and thus saved the time of this body. MNr. CLARKE of Henry. Gentlemen have certainly been laboring under a misapprehension in regard to this matter. I offered it here, and let this discussion spring up in order to prepare the way for what is to come hereafter. I tell you gentlemen, laugh at it as much as you please, this principle will yet be adopted by this convention. I know that a majority of the convention are in favor of some restriction upon those cities and counties, if they can only get at it. It is only taking the same principle that has been applied to the State, and applying it to counties and other municipal corporations. I shall renew this amendment in the convention if it is rejected here. The convention proceeded to the consideration of the report of the committee on miscellaneous subjects, as amended in committee of the whole. The first amendment was to the first section; to strike out the word "fifty" and insert the words "one hundred, " so that the section w ou ld t he n read: "The jurisdiction of Justices of the Peace shall extend to all civil cases, [except cases in chancery, and cases where the que stion of title to any real estate ma y arise,] where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars." The question was upon concurring in the amendment. Mr. CLARKE of Johnson. I desire to say a few words upon this subject in justification of the action of the committee. I have had some experience in connection with the practice of the law, and my experience is about this; that the effect of extending the jurisdiction of Justices of the Peace would be to create double litigation. There is scarcely a suit involving the sum of fifty dollars or upwards, but what is a matter of controversy between two parties; and the result is that all these cases go to the district court, and the party is put to the expense of two suits, double lawyer's fee, and every thing of that kind. By reducing the jurisdiction of justices of the peace to fifty dollars, you will facilitate the business of parties by having them commence their suits in the proper place in the first place, and in the proper manner; and thus you save expense and cost to the people. those cities and counties, if they can only get every thing po at in. y reducing he juat it. It is only taking the same principle that risdiction of justices of the peace to fifty dolhas been applied to the State, and applying it to lars, you will facilitate the business of parties counties and other municipal corporations. I by having them commence their suits in the shall renew this amendment in the convention if proper place in the first place, and in the proit is rejected here. per manner; and thus you save expense and The question being then taken upon th o to he p ple amendment, it was rejected, ayes 8, noes 14. There is also another reason for this. When this provision was incorporated in our present XMlr. WI'NCHESTER moved that the commit- constitution, we had a different system of practee rise, report back to the convention the sub- tice to regulate te working of our courts. Unject referred to them, an-d ask to be discharged der our present system of practice, if a man from its further consideration. wants to make a defence against a suit brought The question being taken, the motion was against him, in order to have his case fairly deagreed to. termined, it is necessary for him to have the same pleadings that he would have in the dis lii Convention. trict court, and he is compelled to have lawyers employed to attend to it for him. This will not, The PRESIDENT having resumed the chair- therefore, increase the expenses of suits before justices of the peace, but will in many cases The CHAIRMAN of the Committee of the secure justice to him who deserves it. I know Whole reported that the committee had had un- from experience that without this extended der consideration the subject referred to them, jurisdiction, these justices' courts become a being the report of the committee on miscella- great means of rong. It is very common for 11 ~~~~~~~~~great means of wrong. It is very common for neous subjects, had made some amendments men to reduce the amount of a claim to a sum thereto, and ha,d instructed him to report the within the jurisdiction of the justice, for the same back and ask to be discharged from its purpose of compelling a man to take the case further consideration. purpose of compelling a m an to take the case further consderation. from the neighborhood where men are against The report of the committee of the whole him, to where he can have an impartial trial, was received, and the committee discharged ac- as in his own county, where the juty is taken cordingly. from his own neighborhood. Now as a matter Jurisdiction of Tustices o the Peace. ELECTIONS TO FILL VACANCIES, &C. HARRIS-CLARKE, of J.-CLARK-PALIMER-SKIFF. [February 26th the committee of the whole in striking out the following section: Sec. 7. The General Assembly shall not locate any of the public lands, which have been or which may be, granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exempted, shall not exceed three hunred and twenty acres." of safety to the rights of the individual, I am satisfied that the interests of the people will be promoted by reducing the jurisdiction of justices of the peace to fifty dollars. Mr. HARRIS. I will say this; that if I wished to represent myself and lawyers, I would support the position of the gentleman from Johnson [MNlr. Clarke]. But as I wish to represent the people and their interests, I shall support the amendment made in committee of the whole. The question being then taken upon the amendment of the committee of the whole, it was concurred in. Mr. CLARK of Alamakee. I hope this amendment will not be concurred in, but that we will have some provision in the constitu tion for the protection of actual settlers. If Congress makes an appropriation of land to this state, I see no good reason why we should retard actual settlement upon the lands of the United States, between the time of making the grant, and the time of locating the land by the state. If the state wishes the first choice, let her be expeditious in making her selections. I believe the people should have the privilege of making claims upon the public lands, and that all bona fide claims should be respected. The question was upon concurring in the amendment. Upon this question Mr. CLARK of Alamakee, called for the yeas and nays, and they were ordered accordingly. The question being then taken by yeas and nays the amendment was not concurred in, yeas 16, nays 19, as follows: Yeas-The President, Messrs. Ayres, Day, Edwards, Emerson, Gray, Hall, Patterson, Peters, Rcbinson Scott, Seely, Todhunter, Warren, Winchester and Young. Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Ells, Gibson, Gillaspy, Gower, Harris, Hollingsworth, Johnston, Marvin, l'almer, Parvin, Price, Skiff, Solomon, Traer and Wilson. The next am e ndme nt of the committee of the whole, was to modify section five so that it should read as follows: 'In all cases of elections to fill vacancies in office occurring, before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all persons appointed to fill vacancies in office, shall hold until the next general election, and until their successors are elected and qualified." The question was upon concurring in the amendment, which, being taken was agreed to. The next question was upon concurring with the committee of the whole in striking out the following section: "Sec. 6. The State University shall consist of a single institution, and be permanently located at Iowa City. The present State Capital, with such improvements and additions as may be provided for by law, shall be occupied by the State University, when not used by the State for other purposes." Upon this question Mr. CLARKE of Johnson, called for the yeas and nays, and they were accordingly ordered. The question being taken by yeas and nays, upon concurring with the committee of the whole in striking out the above section, it was agreed to, yeas 24, nays 11, as follows: Yeas —Messrs. Ayres, Clark of Alamakee, Day, Edwards, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Warren, Wilson, Winchester and Young. Nays-The President, Messrs. Bunker, Clarke of He nry, C l arke of Johnson, Ells, Gower, Gray, Hollingsworth, Palmer, Parvin and Traer. The next amendment of the committee of the whole was to add the following section: "No law which may hereafter be passed by the Legislature, and approved by the Governor, shall be submitted to the people to be voted upon, previous to its taking effect; subject to the provisions of the foregoing constitution." The question was upon concurring with the committee of the whole in the amendment which had been offered by Mr. Skiff. Mr. PALMER. I move to strike out the words "subject to the provisions of the foregoing constitution," and insert the words "except as herein otherwise provided." Mr. SKIFF accepted the amendment. Mr. HARRIS. I hope this amendment will The State locating Land. 33d Day] 811 Thursday] Elections to fill T,-acancies. Location of the State University. Submitting Laws to tic Peo.ple. The next question was upon concurring with COUNTY AND CITY INDEBTEDNESS. Thursday] G'?.AY-EDWARDS-EMERSON-CLARKE, of J., &C. [February 26th not be concurred in. I think we have got along well enough with the matter as it is now. Upon this question MNr. GRAY called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the amendment was not concurred in; yeas 13, nays 22; as follows: Yeas-MIessrs. Ayres, Emerson, Gillaspy, Hall, Palmer, Patterson, Price, Robinson, Seely, Skiff, Solomon, Todhunter and Winchester. Nays-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Gibson, Gower, Gray, Harris, Hollingsworth, Johnston, Marvin, Parvin, Peters, Scott, Traer, Warren, Wilson and Young. The PRESIDENT announced that all the amendments of the committee of the whole had been considered. Yeas-The President, 3lessrs. Clark of Alam,kee, Clarke of Henry, Day, Edwards, Ells, Gower, Gray, Hall, Hollingsworth, Marvin, Scott, Se ely, Skiff, Todhunter, Traer, Warren, Wilson and Young. Nays-Messrs. Ayres, Bunker, Clarke of Johnson, Emerson, Gibson, Gillaspy, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Solomon and Winchester. Mr. CLARKE of Johnson. I wish to say, in explanation of my vote upon this proposition, that the record will show that I have all along been in favor of the counties being a llowed to exercise this right; and I have voted for propositions like this when the sums have been larger; but I voted against this because I thought that the sum was too small. ilr. PETERS. I wish to say, in explanation of my vot, that I voted against this amendment because I considered it too small. City and County Indebtedness. Eligibility to Office. MIr. EDWARDS. I offer the following as an additional section: "No cournty, or other political or municipal corporation shall be allowed to become indebted in any way, or for any purpose, to an amount in the aggregate exceeding five per cent. upon the value of the taxable property within said county or corporation, to be ascertained by the last state and county tax lists." Mr. EMERSON offered the following as a substitute: "No political or municipal corporation shall become a stockholder in any corporated company, nor shall the bonds or other evidences of indebtedness be loaned directly or indirectly to aid in any work of internal improvement." The question was upon the substitute. Upion this question Mr. EM.IERSON called for the yeas and nays and they were ordered accordingly. The question being then taken by yeas and nays, upon the substitute, it was not agreed to; yeas 11, nays 24, as follows: Yeas —Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Emerson, Gray, Hall, Palmer, Solomon, Warren and Winchester. Nays-The President, Messrs. Bunker, Clarke of Johnson, Edwards, Ells, Gibson, Gillaspy, Gower, Harris, Hollingsworth, Johnston, Marvin, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Todhunter, Traer, Wilson and Young. The question then recurred upon the amendment of Mr. Edwards. Upon this question Mr. EDWARDS called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the amendment was agreed to; yeas 19, nays 16, as follows: Mr. SKIFF offered the following as an additional s ec tion: "No person shall be eligible to an, office in this State, until he is a voter in the election district where he is to exercise the functions of his office." Mr. SKIFF. In the vicinity where I reside, I have known some two persons to be elected to office before they were voters. I never knew any great inconvenience to grow out of it, but some inconveniences might arise in future. I would have this apply to the election of all officers from the Governor of the State down. The question being taken upon the amendment, it was not agreed to. Mr. WINCHESTER. I o ffe r the following amendment n a s an addition al section: ,,The Genera+ Assembly shall have the power to prohibit the manufacture and sale of intoxicating liquors as a beverage." I do not desire any discussion upon this matter, merely a vote of the Convention. Mr. HARRIS moved to lay the amendment upon the table. Upon this motion Mr. CLARKE, of Johnson, called for the yeas and nays, and the y we dere ordered a ccordin gly. The question being then taken, by yeas and nays, upon the motion to lay the amendment upon the table, it was agreed to; yeas 20, nays 15, as follows: Yeas —Messrs. Ayres, Clark of Alamakee, Edwards, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Wilson and Young. 812 [33d Da y I Intoxicating Liquor8. f 33d Day.] RAILROAD LABORERS, &C., NOT VOTERS. WARREN-CLARKE, of J.-H-ARRIS-WINCIESTER, &C. ject referred to them. I hope the motion for a recess will not be agreed to. Mr. WILSON. I believe the gentleman from Lee [Mr. Johnston,] voted the other day for a night session. I objected to it then, because I was upon four active committees; but the gen tleman voted against me, and I think I shall vote against him now. dIMr. JOHNSTON. If the gentleman had risen in his place, and made such a statement as I have, I should have voted against the motion for a night session. Mr. GILLASPY. I have no disposition to re quire those persons who are indisposed to come here to-night. So far as I am individually con cern,,d, I would be glad to come here every night. But as mv friend from Warren [Mr. Todhunter,] has not been able, from indispo sition, to be in his seat much of late, I think it would be unjust to force him to come here to night. Mr. CLARK, of Alamakee. I have no dcubi but what the cciventiun will excuse from at tendance, any member who is too unwell to come here. rMr. HARRIS. I would like to be here as much ot the time as possible. This convention has certainly time enough to get through its business without these night sessions. Icannot possibly come here this evening. Mr. WINCHESTER withdrew his motion for a recess at the request of Mr. TRAER, who moved to take up the report of the committee on the right of suffrage, and make it the special order in committee of the whole this evening, at seven o'clock. Mr. TODHUNTER. It seems to me that mem bers should have some regard for those of us who cannot attend here to-night. As my friend from Wapello [Mr. Gillaspl)y,] has said, I have not been able to attend here half of the time of late. Mv friend from Washington, [MAr. Bunker,] and my friend from Appanoose, [Mr. HIlarris,j cannot attend here to-night. We are just as anxious, as any gentleman upon this floor, to have the session of this convention brought to a close. I am anxious to have this matter of the right of suffrage got along with as speedily as possible. But we do not like to have these re ports considered here when we are absent. I have an anxious desire to be present, and would like very much to participate in the discussion upon this matter. And I desire my friends, who are unwell, and who would like to be present, to have an opportunity to listen to the discus sion. Now it would be unfair to have a night session, even, as gentleman say, if we can be excused. It is scarcely safe for us to be here in the day time, and it would not be safe for us at night, Mo for I can hardly get to my lodgings at the close g of our afternoon sessions. I hope this convenI tion will not have these night sessions, until we a are able to come here, and participate with the -Nays —The President, Mlessrs, Bunker, Clarke of Henry, Clarke of Johnson, Day, Ells, Gower, Gray, H{ollingsworth, MIarvin, Skiff, Todhunter, Traer, Warren and Winchester. M'r. WVARREN offered the following as an additional section: "4 No contractor or laborer, employed in buildin, railroads, or other public improvements, shall be entitled to vote in any county, city or town, upon the question of said count y, c ity or towin taking stock, or issuing bonds to the railroad or other public improvement, unless a resident for six months in said county, city or town, prior to offering to vote." Upon this amend ment | .1.r. CLARKE of Johnson called for the yeas and nays, and th ey were o rdered accordingly. Mlr. WARREN. I will state, as a reason for offering this amendment, th at, a s the Constitution now stands, we only requir e twenty days' residence in a counts, city or town, to give a right to vote. I offer this amendment to prevent railroad hands from imposing a heavy tax upon the citizens of a county against their will. .i,,r. HARRIS. I think it would be a difficult matter to determine who were railroad hands and who were not. The question being then taken, by yeas and nays, upon the amendment, itwasnot agreed to; yea- 8, nays 27, as follows: Yea.st'Nessrs. Clarke of Henry, Day, Edwards, Ells, Mlarvin, Scott, Skiff and Warren. NaTys —The President, MIessrs. Avres, Bunker, Clark of Alamakee. Clarke of Johnson, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, IIollingsworth, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Seely, Solonmon, Todhun-er, Traer, Wilson, Winchester and Young. Upon motion of Mr. HARRIS The article, as amended, was ordered to a third reading, and referred to the committee on revision, engrossment and enrollment. Mr. W,INCHESTER moved that the convention now take a recess until seven o'clock P. Al. Mr. TODHUNTER. There are some three or four of us here who are not able to attend night sessions: the gentleman from Appanoose, [Mr. Harris,] the gentleman from Washington, [Mr. Bunker,] and myself, are too unwell to attend here. I think it would be improper to force us to come here in the present state of our health. Mr. JOHNSTON. I was appointed this morning the chairman of the select committee on the school fund. That committee desires to meet as soon as they can, to determine upon the sub 103 813 :[February 26th Tit.ursday] P,ailroad Laborers, c., riot Voters. Seven o'clock Session. PRINTING OF THE JOURNAL. Friday] WILSON-TODIIUNTER-CLARKE, of J.-HALL-T~RAER, &c. [February 27th rest in these matters. We are not so pushed "Resolved, That John Mahin be hereby emfor time, it seems to me, as to need these night ployed to print copies of the journal of sessions at present. the Secretary, and that he be paid as a cornipen Mlr. WILSON. If this motion for a night sation therefor, the same amnoutnt as is paid to session prevails, there is no probability that a the State Printer for like services. final vote would be taken upon the question to- "Resolved, That the Secretary, T. J. Saunnight. ders, be employed to superintend the printing Mir. TODHUNTER. We would like to hear of, and to distribute the said journals; and that the discussion. he be allowed dollars as compensation in [r. CLRKE, of Johnson. I have no dispo- full for his services. A:[r. CLA&RKE, of Johnsonl. I have no dispo-o - " Resolved, That John Mahin be employed to o print copies of the amended constitution, r separate from the journals, and that he be paid - therefor the same amount as is paid to the State t Printer for like services." The question was upon filling the blank in ] the first resolution. Mr. GOWER moved to fill the blank with the t words' fifteen hundred." Mr. MARVIN moved to fill it with the words T twenty-five hundred." The question was then taken upon filling the blank with 1 twenty-five hundred," and it was not agreed to. UThe question was then taken upon filling it with "fifteen hundred," and it was agreed to. The resolution, as amended, reads as fol lows: n Resolied, That John Mahin be hereby em ployed to print fifteen hundred copies of the journal of the Secretary, and that he be paid as a compensation therefor, the same amount as is paid to the State Printer for like services." Mr. CLARKE, of Johnson. I move to amend the resolution by providing that there be print ed( with the journal the constitution as amend ed. I think that ought to go with the journal. Mr. PARVIN. I supposed that would be printed with the journal as a matter of course. There is another resolution in this series pro vid:ng for the printing of the constitution sepa rately. Mr. CLARKE, of Johnson. I am not partic ular about my amendment, and will not press it now. The next resolution was read as follows: " Resolved, That the Secretary, T. J. Saun der, be employed to superintend the printing of, and to distribute the said journals; and that he be allowed --- dollars as a compensation in full for his services." The question was uponi filling the blank. Mr. PARVIN. I hardly know what should be given to the Secretary for this service. I would move to fill the blank with "four hun dred." If, in the opinion of members, that is too much, they can move other sums. Mr. HIALL. Is that for distributing them to the different counties throughout the State? Mr. PARVIN. The resolution contemplates that the Secretary shall distribute them just as the convention may determine. 1B Lj 1 L t e s f 7 ,I . The Convention met at 9 o'clock, A. M., and was called to order by the President. Prayer by Rev. C. B. Smith. The journal of yesterday was read and approved. No petitions or memorials, or reports from standing or select committees, were presented. On motion of Mr. TRAER, The Convention took from the table, and proceeded to consider the following resolutions submitted by MIr. Parvin: 8 1 f [34th Day FitIDAY, February 27, 1857. Printing of the Journal. 34th Day.] PRINTING THE CONSTITUTION IN GERM AN, &C. IIALL-MARVIN-CLARKE, of J.-GIBSON-SKIFF. and that he be allowed the same compensation as is now provided by law for similar services." The question being taken, the resolution was adopted. The original resolution was then referred to the select committee. Mr. MARVIN. I apprehend we are all in the dark in regard to this matter. I think this particulor resolution should be somewhat farther Ses8ion:. investigited. The following resolution, offered by Mr. GibMr. CLARKE, of Johnson. I find that the son, was then taken up and read: convention of 1S46 ordered eight thousand cop- "Resoired', That this convention will meet ies of the constitution to be printed by itself. each evening at o'clock, in addition to its regThat is a larger amount than we have ordered ular sessions d now, though we have ten times the population sion.", uring the remainder of the seswe had then. The PRESIDENT. That matter is not dcci- The question was upon the resolution. ded yet. Mr. GIBSON. I hope the cotivention will pass this resolution this morning. The time that Mr. CLARK, of Johnson. In order that we is left us is but short before the day we have may understand this matter, I move that these fixed flir adjournment, and there is consideraresolutions be referred to a select committee of ble business before the convention, and I do not three. think we can possibly get through it with only 1 The question bein taken, the motin was day session. I think we shold have night as agreed to. sions, in order to expedite business, and endea-1 The PESIDET anounce as he comit-vor t clole th labos ofthis onvetion y th tee- time fixed upon for djournment. I do not thin Mesrs.Clake,of ohnon,Hal an Pavin niht ~ssouswil beof uchincnveiene t mebr-obtfwa1n ae n hs On motion of Mr. CLARKE, of Johnson, The Convention took up and proceeded to consider the following resolution: "Pe.solvedl, That -, of Dubuque county, be employod to translate the constitution into German, and that he be employed to print three thousand copies of the samne at the prices now paid by law for the same kind of work." To this resolution there was an amendment pending, which had been offered by Mr. Gibson, providing for the printing of one thousand copies of the constitution in the Holland language. Mr. CLARKE, of Johnson, moved that the resolution be referred to the select committee upon printing the journal. Mlr. GIBSON. I wish to offer a substitute for my amendmi-ent, which I desire to have go before the kommittee. The PRESIDENT. The gentleman can move to instruct the committee to inquire into the expedienc- of suclh a prol,ositioni; but a motion to commIIit t'akes precedence of a motion to providing for the printing of one thousand cop- The PRESIDENT announced the next busi The PRESIDENT announced the next busiies of the constitution in the Holland language. ness in order to be the consideration of the re Mlr. CL.ARKE, of Johnson, moved that the port of the committee on eduation and school resolution be referred to the select committee lands, as amended in committee of the whole. upon printing the journal. The first amendment of the committee of the M.Ar. GIBSON. I wish to offer a substitute whole was to strike out of the first section the for my anmendmi-ent, which I desire to have go words, "sixteen members," and add to the secbefore thec Committee. tion the words, " one member from each judi The PRl,:i DE.NT. The gentleman ca3n move cial district," so that the section would then to instruct the committee to inquire into the ex- readpedierc- of such a propositioni; but a motion " The educational interests of the State to into commla,it tu,kes precedence of a motion to cdude conimon schools and other educati nal inameno. stitutionrs, shall be under the management and Mir. G(IBPSON. I then offer the following res- control of a Board of Education, which shall olution of instructions: consist of one member from each judicial dis "]eesolzecl, That the select committee of three trict." upon printing the journal, &c., be instructed to The amendment of the committee of the inquire into the expediency of providing for whole was concurred in. having one thousand copies of the amended con- The next amendment was to section two, stitution printed in the Holland language; and striking out the words, "two years," and in. that flenry P. Scholte, of Peila Marion county, serting the words "one year," causing the secbe employed to print and superinted the same, tion to read 815 Friday] [February 27th Board o Education. COMMON SCHOOLS. SKIFF-TODIIUNTER-..-GOWER-GIBSON. "No person shall be eligible as a member of tern of Common Schools, by which a School said Board who shall not have attained the age shall be organized and kept in each district at of twenty-five years, and bcen one year a citi- least six months in each year. Districts failing zen of the State." to organize and keep up a school, may be de The amendment of the committee of the whole prived of their portion of the School Fund." was concurred in. The question was upon concurring with the The next amendment was to strike out of see- committee of the whole in their amendment. t on thlsee, the words,'the General Assembly Mr. SKIFF. I am inclined to think that this shall district the State into sixteen educational is a little too much to require of some of the districts," and, also, the words, "shall hold new districts. I think that some of the new their offices," and insert the words, "hold his districts weuld not be able to keep up a school office,"' so that the section would then read- for that length of time. I shall, therefore, feel "One member of said Educational Boardshall under the necessity of opposing that amend be chosen by the qualified electors of each dis- ment. I think that some provision should be trict, and hold his term of office for the term of made here that could be made of general apl)li four years; and after the first election under cation, that all the counties, new and old, could this constitution, the Board shall be divided by agree to. I therefore move to amend the amend lot into two equal classes, and the seats of the mIent by striking out the word "six" and insert first class shall be vacated after the expiration ing " four." of two years, and one-half of the Board shall be MIr. TODHUNTER. I hope the amendment of chosen every two years thereafter." the gentleman from Jasper, [MNr. Skiff,] will not ml.. ~~~~~~~prevail. I would rather saly that the school The question being then taken, the amend- prevail. I wold rathe r sy that t he school iment of the committee of the whole was con- should be kept twelve months in each year, than ment of the committee of the whole was con ~~~~~~wacurred in. ito reduce it below that agreed to by the commit curred in. tee of the whole. If there is any one change The next amendment was to add to the fifth which our present school system needs, it is to section the following: provide the means to secure a school in each "And each member of said Board shall per- district for a greater length of time in each year. form such duties in the district in which he is That is the great lack in our present school sys elected as superintendent of schools, as may be tern; the only serious lack that can be corn prescribed by law." plained of, is the want of schools in the several So that the section would then read: districts. Means should be supplied by this " The session of said Board shall be limited to board, or by the legislature, to keep a se ool in twenty days, and but one session shall be held each district, constantly, if possible Instead in one year, except upon extraordinary occa- of reducing the number of months during which ions, when, upon the recommendation of two the school is to be taught, we should rather in crease it. I favor the increasing the number to thirds of the Board, the Governor may order a tee thr the red ing te s special session. And each member of said twelve, rather than reducing it below six. Six Board s hall perform such duties in the district mnonths is certainly little enough for any district B~oard shall perform such duties in the district in wh ch he is elected as superintendent of during the year. I hope the amendment of the schools, as may be prescribed by 1law." gentleman from Jasper will not prevail, but that we will concur in the amendment of the commit The amendment of the committee of the whole tee of the whole was concurred in. was concurred in. Mr. GOWER. I have no objection to provi The next amendment was to section six; ding a school in each district for thirteen months strike out the word "interior," and insert the in each year, if fou please. [Laughter.] But word "ne essary;" and also strike out the what I object to is this cutting off the school words "usual in legislative assemblies;" so that fund from a district because it does not happen the section would then read: to keep a school a certain number of months in "The Board of Education shall organize by each year. I think with such a rule as that, to appointing from their body a presiding officer, require a school for three months is quite and the appointment of a Secretary and other enough. If it is intended to deprive the disnecessary officers. They shallkeep and publish tricts of their respective shares of the school a journal of their proceedings, which shall be fund, if they do not keep up a school for a cerdistributed in the same manner as the journals tain number of months, I shall be opposed to of the General Assembly." fixing the time over three monthis. The amendment of the committee of the whole MIr. TODHUNTER. I understand the object was concurred in. is to compel the districts to have six months school in each year. Common Schools. Mr. GOWER. I would not deprive the dis tricts of their share of the fund, if they kept the The next amendment was to section ten; school three months in each year. strike out the word "three," and insert the Mr. GIBSON. I hope the amendment of the word "six," so that the section would then read: gentleman from Jasper, [Mr. Skiff,] will not "The Board of Education shall provide,a sys- prevail. It strikes me that six months time is 816 [34th Day. Fridayl (February 27tU COM3ION SCHOOLS. Fri day] HARRIS,-TOD[1UNTER-SCOTT. [Febr uary 2 7 th little enotlgh for a school in any district. I am the remaining nine months of the year the chillike my friend from Warren, [Mr. Todhunter,] I dren will be left to run helter-skelter over the would rather increase than decrease the time, if district, and will know nothing more at the end there is to be any change from six months. I of the year than at first. I would be as much think that any district in this State that wili in favor of fixing the restriction. at nine ori fail or neglect to keep a school for six months twelve months as to make it three months. It is in the year does not deserve to have the benefit just as much a coercive measure to say a school of any of the school fund. That is the reason shall be kept in each distr'ct three months, as why this provision is made here, as an induce- to say it shall be kept six months. If there are ment to the districts to keep their schools for at not funds enough to keep a six monthli's school, least six months in the year. We think it is due then let them resort to subscription. to the youth of our land to insure a school for at When you et up a system of this kind, and least that time. It has been too common, under they see at the beginning that they will lose the three-month-school~the sysee, atr thme oeneito the tlree-month-school system, for some one to their proportion of the school fund if they (do takce a school for three Inionths and charge not keep up the school for the required length enough to consume all the fund there may be in of time, there is a stimulus at once upon their the district, and then there is no more school action they will oranize, and if there is not for the rest of the year. Threemonths school in sufficient school monev to keep it the -required a year amounts to about no school at all. A time, they will raise the rest by subscription. child going to school three months and being out We thus secure the means by which the schools of school nine months in the year, will know will be taught in each of these districts for six but about as much at the end of the year as if months perhapsfor whole year bcaue if he ha not one o schol atall.months; perhaps for -whole year; because if he had not gone to school at all. you get them once stimulated in this matter, Mr. HARRIS. The remark of my friend from and their children in the habit ofgoingto school, Mlarion, [Mr. Gibson,] in relation to the good to they will take a pride in it, and that will enbe derived from three months' schooling, where courage all the rest to have schools. Thus we there is no more kept during the year, may be get a better system by this means, than we very true. But whether it be true or not, my would by reducing the length of the schools to impression is that government should leave all three months; because in that case there is not these things, such as the number of months a that stimulus upon them, and they will manage school shall be kept, &c., as far as possible to to just spend their share of the school fund, and the districts concerned. They are little repub- stop with exactly the three months' school. lies themselves, and have a right to control these There is no subject in which I feel a greater matters. And to endeavor to force this matter interest than in this of schools. I would rather of education will do more harm than good. It advocate expenditure of money tor common is in education as in everything; when you use schools than for anything else. And I have no force you call forth a spirit of opposition doubt that every individual upon this floor who that will be likely to prove detrimental to the has children to send to school, feels the same object in view. -Iy idea is that, after providing interest in this matter that I do. the means, the freer you leave this matter the Ar, SCOTT. I undoubtedly feel as much inbetter. I am satisfied, from what I have seen, terest in the welfare of common schools as any that this thing of coercion on the part of gov- individual upon this floor. But I cannot take ernument does harm rather than good. For that Ithe view of this matter that the gentleman from reason I would rather strike out the restriction Warren, [Mr. Todhuter] takes of it. It ap Warren, L[Mr. Todhunter] takes of it. It apof three months than make it longer. pears to me that this school fund is in realitv Mrf. TODHUNTER. It is true this matter the propelity of each individual scholar within should be left as free as possible. How does Ithe jurisdiction of this State. It belongs to this section now read? them; my children own their share of it; the ~~"The BadoE salpoiea children of the gentleman from Warren own tohe Board of Education shall provide a sys- their share of it. Now the question arises tem of common schools, by which a school shall whether, on account of this negligence of the be organized and kept in each district at least parents and guardians of these children, they six months in each year. Districts failing to shall lose that which is their own that which organize and keep up a school, may be deprived belongs to them. Now I claim this to be true; of their portion of the School Fu.nd." that if this appropriation for school purposes is There is no compulsion here upon the part of really their property, then they ought not to the board of education. There is one thing: lose it in consequence of the negligence of any it says to the districts, you shall organize and individuals, not even of their parents. They keep up a school so longr in each year, or lose! ought never to lose it, but it should be held in your mnoney. They can do as they please * it | trust for them, until it can be properly approis entirely discretionary with them. Now if we priated according to law. leave the section so as to require bhlt three The working of this system is different in some months school in each district, they will be localities from what some gentlemen here seem very careful to go to work and have just school to suppose it is. I have been one of that unsufficient to entitle them to the school fund, and fortnate class who have lived in a newly setto use it up, and theschool will cease; and for tled district. I recollect very well that for 34th Day.] S17 COMMiON SCHOOLS. three years we were deprived of the privilege of that the share of each district shall be preserved sending our children to school. We could not for that district until it can be expended ac keep up a school for even three months in the cording to law for the benefit of the children of year. We veree consequently deprived of our that district. I move that this whole section, portion of the school fund; it was taken from containing the restriction, be stricken out. us, not, I claim, on a,ccount of my negligence, The PRESIDENT. There is a motion to and I canil most truly claim that it was not on ac- amend pending, which takes precedence of the count of the nr(g igence of the pupils placed motion to strike out. under imy-r cha,,rge. Th,e f'und belong ed to those Iunder my9 cXfrfdbeogdtotoe Mr. CLARK, of Alamakee. I should most pupils and should h!ave been kept and preserved'er purl tand ao hoi- aveo not kept ndipe s re t cer tainly be opposed to striking out of the con for teem. Thely were not able to mleet the re- v of nthe ablev tueet tere- stitution a provision that wrould require the dis quremleatbs of the lanw; there there only somne q,..iremie~s o. la..trlicts to keep up an organized school, with com five or sp pupils in the district, and they could five o'. p hedtrt ndthyc petent teachers, for some portion of the year, at not keep upr a school three months in theyear. eent v *least, I older to entitle themn to their proper They were thius entirely deprived of the benefit ti o t ndltheri ther'r*or tion of the school fund; otherwise there might of this fund, which was given, not for the ben of. ts f' w..' gn nt be a spirit of carelessness and indifference grow efit of the wealthy districts, but for the benefit eftof the werty cil ticts btforhh the beloned tup in districts which would lead them to neglect of the very classes to which they belonged,r to keep a school for any portion of the year. tile poor and indilgent chldcren who nave out ie poor and indigent children who have but.But on the other hand, I would be opposed to few ftklillties for obtaininlg an education.. few facilities o obtani an education. requiring each district to keep up a school for Gentlemen tell us that three months' school- six or nine months in each year, in order to ening in a year is no better than i.one at all. Now able them to get any portion of the school fund. I certainly cannot take that view of the matter. If all our districts were compactly settled, I I have myself received considerable benefit from should have less objection to such a provision. a three months' school; I believe there are gen- But gentlemen must bear in mind that some tlemen upon this floor who have received a vast portions of our State are not so circumstanced aino,ant of valuable knowledge in three months. as to enable them to do this. I represent one of And if there are only three months of school in the "rural districts;" and in the part of the three years, that will be of great advantage. State from which I came, there are many dis'There are men in this State who have received tricts with such sparse population as to require but three months' schooling in their lives, and three or four miles in extent to form a district. yet they have managed to acquire considerable And with our bad and inclement winters it is education. almost impossible to have schools during the I would be in favor of having schools the fall, winter or spring. And if we have a proyear round if possible. But I would deal justly, vision here requiring each district to keep up a if not generously by that portion of our State school six or nine months in the year, it will which is not able to have a school for nine deprive these districts of the benefits of this months in the year, or at any time perhaps school fund, and work a hardship upon them duri,ng the year. It appears to me that which I do not believe would be right and just. this provision under consideration will cer- Mr. ELLS. It strikes me that we should tainly work injustice. Much of our State is but either confine ourselves to a restriction of three newly settled; and many districts are not able months, or strike out the restriction altogether. to support a school for more than three months I know that three months' schooling is better in the year. Yet they need the protecting care than no schooling at all. In Virginia, when I of this State as much as-if not more than-those was a boy, we had only three months' school in who live in more dense settlements, and can the year. We Iad no school fund from the support a schiool the required time. I would State; all the fund we had was derived from the ask genitlemen of this convention to take that fines imposed in the district for fighting and matter into consideration. We ought to provide quarrelling. Blut for that, the poor children of that, notwithstanding they are poor and indi- Virginia would be as ignorant as their slaves gent, and not able to support a district school are. for six or nine months in the year, their rights r. SKIFF. I would have some definite time shall not be taken from them in consequence of fixed here, as the length of the schocl which the negligence of the parents, or from any other each district should be compelled to keep during cause, but that their share of the school fund the year. I know that in my district they have shall be secured to them, because it is theirs by regularly drawn their share of the school fund right. No miatter if it must he reserved for every year, but have had no school for some years; let them expend it when it has accumu- tie. From what has been said b, the gentlelated, and not let tilhose who have greater means man fron Warren [Ar. Todliunter,] I am t~~~~~~~~~~ani i from Warence [. ohntr]I. a take it fiom them. almost inclined to withdraw my amendment. I This thing is wrong, and must work injustice certainly hope the restriction will not be put to the weak and defenceless, those we seek to d,own below iour months. My object in offering protect. I would rather take away the restric- the amendment I have submitted, was for the tion entirely, so that all and each of the youths benefit of those new districts in this State which of'this State shall have their own due share of are not able to keep up a school for six months this appropriation of the public money; and in each year. It is so in my neighborhood; and 818 [34th Day. [February 27th Fri,Llay,l SCOTT-CLAP,K -ELLS-SKIFF. COMMION SCHOOLS. M5ARVIN-TRAER-I-IALL. the committee of the whole, before the other amendments can be entertained." Mr. MARVIN. Then before that question is put, I would like to say a word in favor of this six months' restriction. It is possible that three months' school may be better than none at all; but the time has arrived in this country, when it is so nearly nothing, that I think we will not be coming up to the requirements of the age, unless we provide for at least six months' school. It is well known to every man who has children to educate, that if he sends them to school hut three months in a year, three-fourths of what they then learn is lost before another three months' school comes round, unless he can take the time to attend to their education himself. I apprehend there are already funds sufficient to keep up a school four or five, or perhaps six months in almost every district in the state. I am very much in fav6r of the bill that was before the legislature last winter, providing that the people of the several districts shall be allowed to vote a tax upon themselves to keep up the schools for the required length of time. Without this restriction of six months, one-half of the districts in the state would keep a school for that time; bnt with it, and a reasonable prospect that the legislature would pass the law to which I have referred, all of them could and would sustain a school for that time during each year. I would be in favor of six months; nothing else will meet the demands of this state, I am very sure. If we are going to have any system of free schools, six months in the year is quite little enough to require the school to be kept. Mr. HALL. I am very glad to see the strong interest manifested in regard to the length of time that schools should be maintained in the different districts in this state. The length of time-three months-originally provided by this section, was taken from the old constitution, under the impression that perhaps the permanent school fund at present was not sufficient to maintain a school in each district more than three months in each year. It was contemplated that there w uld be no other means furnished to sus ain those schools. It further contemplated, as a penalty for refusing to organize and keep the schools for that length of time, that those districts that failed to do so should forfeit their proportion of the school fund to those districts which do keep up their sch ools. Now I will go with the majority of this convention in favor of requiring that there shall be a school kept in each district for six months in each year. But at the same time I did that, I should endeavor to provide the necessary means, and I- would make it imperative that the means should be raised to support the schools for that length of tithe. It would be a matter of grief and mortification to me if I believed that it was impossible for us to have more than three months school in a year, in our different dis in the western part of the State it is still more difficult to keep up a six months' school. The question was then taken upon the amendm.ent offered by ar. Skiff, to strik e ou t. six," an d i nser t "four," and it was not agreed t o. The question th en recurred upon the amendment of the committee of the whole, to strike out "three," and insert "six," so as to requir e at least six m onths school in each district, to entitle it to any portion o f the school fund. fr. MARVIN. I would move to strike out of the section before us the words, " The board of education shall provide a system of common schools, by which a school shall be organized and kept in each district at least three months in each year;" and insert in lieu thereof the following se ntence: "r The legislature shall proqide tf'r raising funds suffici ent, so that schools shall be kept in each district at least six months in each year, which schools shall be free of charge, and open to all." The section will then read ": The legislature shall provide for raising funds sufficient, so that schools shall be kept in each district at least six months in each year, which schools shall be free of charge, and open to all. Districts failing to organize, and keep up a school, may be deprived of their portion of the school fund." Miy object in offering, this amendment is to obviate in part the difficulty the board may be placed in, in regard to raising funds. I would put it in the hands of the legislature to provide the means for the support of these schools, and let the board have the management of the fund. Mr. TRAER. I desire to offer an amendment to the section; but if the amendment of the committee of the whole is adopted, it will probably prevent me from offering my amendment in the shape in which I desire to present it. I will readl it, and if the convention see fit to agree to it, they can refuse to concur in the amendment of the committee of the whole, and then I will offer this. It is to add to section ten the following: "Provided that not more than one-half of the expense of keeping said school shall be paid from the school fund, the balance to be paid by taxes upon the property of said district." The section will then read: "The board of education shall provide a system of common schools, by which a school shall be organized and kept in each district, at least three months in each year. Districts failing to organize and keep up a school, may be deprived of their portion of the school fund; provided that not more than one-half the expense of keeping said school shall be paid by the school fund, the balance to be paid by taxes upon the property of said district.)' The PRESIDENT. The chair is of opinion that the amendment of the gentlemnan from Jones [31r. Mtarvin] is not now in order. The question must be taken ulpon the amendment of 34th Day.] 8 lq Frida3,,] [February 97t]h COMMON SCHOOLS. Friday] HALL. L~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ebruary 27th~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ tricts. I should despair of the cause of educa tion, for the intelligence of the rising genera tion, if such was the case. I believe there is public spirit enough in every district in this state. if it can become once fully aroused, to go a great way of itself to organizeand keep up an efficient common school system. In order to provide the means for keeping these schools for six months in each year, I have drawn up a substitute for this tenth section, which I will offer at the proper time, if it meets the views of this convention. It is as follows: " The General Assemblv, in case the perma nenrt school fund proves inadequate, shall pro vide for a tax which shall be sufficient to sup port and maintain a school in each organized school district in this State, for six months in each year." I am for having substance as well as form. I am for providing the means to do a thing, as well as saying it shall be done. It is efficiency, it is certainty, that gives character to these in stitiitions, and that brings them forward and fully developes them. Perhaps my feelings would lead me to go farther than most gentlemen here would be willing to go. I believe ifa government should be arbi- trary, should be thoroughly despotic, upon any one subject, it should be upon the subject of educating the youths of the country. I believe the State has such an interest in the rising gen eration as to give it the right to provide the means to support schools, and then to compel by law, if necessary, the parents to send their ch ildr en to school. I know this sentiment is not a popular one, that it would seem to infringe upon some individual rights. But the people at large have an interest in these youths, ia my opinion, sufficient to justify even such a measure. We are in a peculiar position in this State. This measure would not affect the old counties as much as the new counties. We know that a large portion of the land, purchased in this State during the past two or three years, has been purchased by speculators and non-residents for the purpose of benefitting by the advance in its price. And they intend to hold on to that land until they can sell it for five, six, eight or ten dollars an acre. The land thus held by them will be settled slowly. But by this provision the new settlements would be enabled to tax non-residents, and force them to support the schools to educate their children. The districts will necessarily be large, because much of the land in them will be vacant. But by this system they can build up fine school houses, such as the wants of the country require, and such as the comfort and respectability of the schools demand. It opens the doors for all these facwilities, and puts the burden upon those who ought to bear it, because the price of their lands is advanced by the introduction of these schools. But this would not hold good in regard to the older counties. Again there is a pretty general belief, a pretty strong impression, th a t a school that is free what I mean by a free schoo l is o ne th at is sup por ted witho ut the aid of the persons sending children to it, or the taxin g of t he propert y holders of the community-a f ree s chool doe s not command that notice and attention which it wo uld if the people were taxed to support it. If a person is taxed twenty, fifty, or one hund red dollars, f or t he purpose of maintaining a school in hi s i mmediate neighborhood, he wi ll be very apt to look to that money, and see thet it is not squandered, but that it is appropriat d to the object and purpose for which it was rais ed. In this way you call into activity feelings that would othe rwi se lay dormant. If these schools are given to the people as a boon, the y wi ll be slow to take advantage of them. But when they have t o contribute t o thei r s uppo rt, when th ey have to pay their proportion for the purpose of maintaining them, public sentiment will be r ouse d into looking to the matter, to see that the funds thus raised a, re applie d t o the object for which th ey were intended. I do not know how many gentlemen here will agree with me; but I do believe if you can mingle taxation with the benevolent funds which Congress has bes towed upo n this State, a nd to which this State has n ot yet added a dollar; if we can add by taxation an amount to this fund equal to the fund itself, the system of education will receive permanency and efficiency, because th o se who pay this money will look to see where their money is going, and that it is properly expended and bestowed upon the pro per objects, and for the righf t purpose. I have felt some diffidence in approaching this subject before this convention. I feel dif fident about it now, because heretofore we have all seemed to be laboring under the impression that all these schools would be free; that is, forced upon us-paid for without our contributing anything to their support. We have been looking at these donations from Congress as the means to provide us a system of education; and men have got into the hab;t of leaning upon this school fun(d, and looking upon that, and that alone, as the great fountain from which was to be derived the means for the education of the youths of this State. My honest convictions are, that you ought to unite with this school fund at least an equal amount raised by the people, in order to make them take the proper interest in this matter. Will gentlemen consider for a moment that this subject of education in this State has more money, more means, than any other interestthan all other interests in the State besides? Will they consider that the revenues now being raised for educational purposes, and to be continued and distributed and paid out for purposes o~ education, are more than for all the other governm~ental purposes besides? Will they consider that this is the largest and most important interest, in point of fact, that we have in connections with our government as a State? Such is the fact. We have more money pro [34th Day 8"-,O Friday] HALL. [February 27th I i COMMION SCHOOLS. 34th Day. Friday] vided, more revenue raised for school purposes would certainly be made to keep the amount of than for any other purpose. And yet that great taxation down to the smallest possible limit. interest is left dependent upon itself; dependent But I do doubt very much ihat it would render upon the carelessness and lethargy of those who the school system more dear to the people. nmay, by official position, be connected with the If the gentleman is consistent in the position subject, because it is given as a gratuity to the he has laid down here, I can freely call upon people-because it is a great gift which has been him to support an amendment to the proposition bestowed upon them, and therefore they do not he has offered, that the Legislature, after hav know how to prize it-they do not know what it ing provided a fund for building school houses, is worth. and keeping up a school in each district for six But if you will compel the people themselves months in the year, shall then pass provisions to to contribute:is much to the school fund as has compel all parents and guardians of children of been donated to it by Congress, they will begin five to sixteen or twenty years of age to send to feel and know that it is worth something, and them to school for six months each year. With thley will look to it that the money is properly out that addition, his proposition will be an im expended. You will not then have your school perfect one. meetings attended by but three or four persons, The PRESIDENT. The proposition of the but they will be crowded, for every man in the gentleman from Des Moines, [Mr. Hall,] is not co)mmunity will feel interested in the subject. now before the Convention. Thequestion is up And hence I think it would be of great service on concurring with the amendment of the com to the cause of education if you could in this mittee of the whole, to strike out the word constitution establish a system that will lead to "three," and insert the word "six," thus provi these results which I have endeavored to por- ding that each district shall organize and main tray. tain a school for at least six monthls in each I do not wish to be understood as pressing year. my views with unnecessary earnestness upon Mr. CLARK, of Alamakee. Then I would this convention. If a majority of the conven- say a few words upon that subject. I am op tion would be disposed to go with me, I should posed to incorporating a provision in this Con be in favor of a provision something like that stitution requiring a district to keep up a school which I have read. But I felt too timid, too six months in each year. I am in favor of hlav uncertain in regard to the feelings of this con- iDg a school kept six months or even nine vention to submit it to the committee which months in each year. Probably nine months in made this report, or even to offer it to the con- each year is as long as it is profitable to keep vt ntion! until I saw the feeling which has been up schools. It has been found, by experience, exhibited here this morning upon this subject. that vacations of a few weeks now and then M,Ir. CLARK, of Alamakee. If I could believe are beneficial; that pupils will learn more with the arguments of the gentleman from Des these intervals of recreation, than if kept at Aioines, [.Nlr. Hall], I should be in ftvor of de- school all the time, because their young minds voting the school fund to some other purpose require occasional relaxation. I am in favor of thathahat of supporting common schools. if having school kept in each district as long a the fund which has thus been accumulated in time in each year as would be beneficial to the this State fur the purpose of educating our youths to be educated. And while I am in fayouth, begets this feeling of indifference in the vor oi that, I am also in fAior of having a sysminds of the peopile, which the gentleman has tem of education introduced hiere that will constated here, I should be in favor, and I think I form sonmewhat to the wants and necessities of should be endeat oring to confer a great blessing the people throughout the State. upon this State, of sweeping that fund from ex- The gentleman talks as though the people had istence. no interest in this matter; that unless they are But I do not believe that fund has produced compelled to keep up a school for six months in any such result. I do not believe the gentleman the year, there would not be any school kept up is correct in the positions he has taken in refer- at all. Now if it is true that the people of this ence to this subject. I believe that the school State have no interest in our commnion schools, fund this State now possesses is a greatblessing and will not keep them up six or nine months to the people; that it is, as a general thing, ap- a year, when they are able to do it, I would ask, propriated to the benefit of the people, for the whatbenefit is this common school fund to them? education of their children, and that they feel If they feel no interest in these schools, and will as much interest in the appropriation of that keep them up only as they are compelled to do aund and the benefits that flow from it, as they so, I believe they will derive but little benefit wvould if it was obtained directly from their from them. Now I believe that each district own pockets. I do not think it would make will keep up a school within its limits as'long a :ny difference if this money was all paid by the time in the year as their means, and the circum,eople by direct taxation. If the money for the stances in which they are placed, will permit. upport of these schools was to be obtained by In many parts of the State they will keep u~ direct taxation, that very fact would have a these schools for six months of the year without endency to decrease the amount of schooling any provision upon the subject. Some even 0o be given to our children, because an effort would keep up these schools for nine months in 104 821 IIALL-CLARK. [February 27th COI5IMON SCHOOLS. the year; while, in other portions of the State, this matter of education to be wonderfully afraid it would be impossible to keep up the school for of despotism, tyranny and aristocracy. The evlen six months, because there is but one organ- aristocracy of intellect is the only aristocracy ized township in some of the districts of this to which I will ever subscribe; and it is one State; and to say to them that unless they kept which I will forever worship. Other gentlemen a school for six months in the year, they may worship a the mere shrine of dollars and ,sliould not have their proportion of the school cents as long as they please, but the aristocracy find, would be virtually saying to them that of min(i I will forever venerate. If it requires their school fund should be taken from them tyranny atid despotismn in order to give that and given' to those who need it least. aristocracy a fair field, I say let us have tyranny ,'owv I think it is not right to impose this re- and despotism. That aristocracy alone will pro stricin. I am in favor of fixing some time tect and develope our institutions, for it is upon re, s three months, which I think is the the intelligence and'virtue of the people, that most reasonable period of time to require ai republican institutions depend for their safetyv school o be kept in every district. There is no and perpetuity. It is the education of the distri'ct but what can keep up a school for three masses for which I am laboring, and I would reonmnhs in the year, if it can keep one at all. I move all the shackles that have been heretofore believe if we limit it to that time, we will have placed upon the cause of education. I would p ovideod the means by which each district can have the government do everything it can do, reap the benefit of the school fund, while, at to carry on the great work of educating the the same time, it will be wholly within the pow- people, as tile very existence of the government e- of each district to keep up the school for a itself depends upon the intelligence of the longer oeriod than three months, if they should people. Is it despotism, then, to require that desire to do so. those who are to come after us, and upon whom i. TODIHUNTE-R. I would ask the gentle- the future safety and welfare of our irnstitutions mall if a district is capable of keeping up a must depend, but who are now merely lisping school for three months in the year, why is it school-boys, should be educated in such a mannot able to keep it up for six months? ner that they may become useful members of Ir. CLARIK, of Alamakee. I know of dis- the society in which they are soon to take a tricts in the western and northern parts of the part? state, where they have been unable to build It is an argument in favor of our system school houses. They have procured temporary that we make the principle of education univerbulldirngs in which they could keep a school du- sal. If we compel a man who is obtuse in inring the summer, but which were totally unfit tellect, or who worships at the shrine of base to ulse for that purpose during the remainder of lucre, to send his children to school, when he the y-ear. It is impossible in these districts to would otherwise neglect to do it, is that a, dessend children in the inclement season of the potism to be dreaded? It strikes me not. It year great distances to school; and to require is the most difficult thing in the world to combat people thereto send their children during that this principle of selfishness. The whole argutime of the year, and a long distance to school, ment against the system of education which I in order to get their portion of the school fund, have been contending for in my feeble manner, would be working a great hardship and injus- is based upon the groveling feeling of selfishtice. I am not in favor of such a provision, and ness. Can a man say that 1 have only an inI do not believe that any good result will flow terest in the education of my own children, and from it. that I ought not to be concerned in regard to MIr. HARRIS. The gentleman from Des the education of the children of others? It oines, [Mr. Hall,] says if he would be des- strikes me that thisis selfishness. True, nature pAotices [gtr Hall,] sashe would be souonaqestino potic at all, he would be so upon a question of has made me the guardian, and has placed in this kind. I do not believe that we should be my bosom for a wise purpose, this disposition despotic at all. This constitution depends en- to take care of my own; but when I make one tirely upon the will of the people of this state, step beyond my own threshold, and go out into and if we attempt to force them, in connection the broad world, I amjust as much interested with this matter, to adopt certain measures, it in having the children of my neighbor educated will be an effectual means of defeating our ob- as my own. We are all just as much interested ject. I know there are a great many who are in having the children of Pottowattamie, Mills, willing to tax themselves toraise the means to and Fremont counties educated, as we are support schools, who are jealous of any inter- those of Des Moines and Lee counties or any ference in this matter on the part ofthe govern- other portion of the state, because they are to mrient I am disposed to leave this matter to bethe future legislators of the state, and are to the control of those who are to be benefitted by have the control of our institutions. And the it, and who are particularly and immediately very protection which the governmentis to give interested in it. But if you attempt to force it to life, liberty and property, is to be guaranteed upon the people, they will defeat the constitn- by the intelligence of those who will then be tion rather than to submit to what they would our law makers. consider despotism. It should be considered a matterof the very Mlr. HALL. Gentlemen seem in regard to highest importance in our government that we [34th Day S, —)2 [February 1-7th TODIIUNTEP,-CLARK-IIAP,RIS-IIALL. FT;tlay] f I 34th Day.] COMMON SCIIOOLS. S3 IHALL-GIBSON-PAL MEP.e should rear up those, who are to come after' us in such a manner that they will be able to maintainr and defend our institutions. It should leo the main object of government to give its youth such a training and education, as will en,aile them to fill the places which their fathers will le-ve, with honor to themselves and their country; to maintain our institutions free and iinimpn;aired, and to transmit them in turn with all their glorious blessings and privileges to countless generations yet to come. I do hope that the gentlemen of this convention, in forming the organic law for this State, will endeavor to lay the foundations broad and deep, and not be governed by any selfish and nairow-sighted policy, but look to the interests of future generations. I may say that I will educate m; own children, and that the government has no concern in their education. But if I neglect and refuse, through selfish or any other feelings, to obey the dictates and feeliongs that aire pnted in a parent's heart for good and wise purposes, it is the duty of the governmont, as a matter of protection to its own interests, to require that my children shall be educated, because they will at some time leave my protection, and go out into the world. They are not alwayts to he mine, but are to become a part of the government, and a part of the great mass, upon whose virtue and intelligence depends the very existence of the government itself. The government then has a direct property in my children, and the interests and the feelings of the parent,;n(l the interests of the government should har:nonise, and nothing but the lowest form of' selfishness will prevent them from doing s0. and I am left without a dollar in the world, are my children to grow up in ignorance, and wvithout receiving the advantages of education? If, on the other hand, I,azm fortunate enough to acquire property, and. my neighbor is unfortunate, am I to enjoy the exclusive benefits of my la-leans to educate my children, while my nieighbor's children are neglected? We, as individuals composing the State, all owe to the youth within its limits an education, and I for one amw not willing to deny it. If any individual in the community where I reside is not able to educate his children, I am willing that my property shall be taxed for the education of his children. If I understand what aristo crt a cy is, i n connection with this matter, it is where the rich have the ascendancy, and where they send their children to school in order to Drepare them to become the rulers of this country, while the poor and unfortunate are oppressed and ground down to the dust, brought up without an education, and consequently rendered unfit for high stations. Such is not the case, however, swith some of our brightest and most disting,uishled men, for they have raised themselves to their high positions from obscurity. It does not follow as a necessary consequence, that the s,on of the rich man has a greater intellect than the son of the poor man. Then, I say if the son of a poor man has intellect, improve it, and bid him God-speed in his progress to honor and distinction. Mr. PALMER. The more I have examined the plan reported by the committee, the more I am inclined to favor it; and it is with a view of supporting it, and not, defeating it, that I rise in opposition to the pending amendment. I think if we load it down with amendments, and impose restrictions of this kind, we may defeat this plan in the convention, if not before the people. It is well known that our taxes are increasing yearly under the present svstem of government; and, whether it be for educational or for other purposes, if we attempt to increase the taxes, there is danger tha~we load down this constitution with provisions which may cause its defeat. I believe it is not asked by the friends of this plan that the Board of Education shall have the power of taxation, but that the taxes to be raised for all school purposes shall be raised under the supervision of the General Assembly. if a parent is able to educate his children, in opposition to the pending amendment. I without the aid of the government, he is still in- think if we load it down with amendments, and terested itn having the children of his neighbors impose restrictions of this kind, we may defeat who are to Decome the associates of his own this plan in the convention, if not before the children, educated in a proper and becoming people. It is well known that our taxes are inmanner, so that they may exercise the right creasing yearlyunder the presentsvstem of govkind of influence in society, when they shall be ernment; and, whether it be for educational or called upon to perform the duties of active life. for other purposes, if we attempt to increase the We should not act here as individuals from sel- taxes, there is danger tha we load down this fish mnotiv es, hut wte should act upni the great constitution with provisions which may cause its fish m,,otives, but we should act uponi the great C principle of doing what good we can for tle defeat. I believe it is not asked by the friends advancement, prosperity, and happint the Boardss of Education shall whole comunity. have the power of taxation, but th.at the taxes r GIBSON. it strikes me, that there is to be raised for all school purposes shall hbe really no aristocracy ie this measure. If there raised under the supervision of the General Asreally no atristocracy in this measure. If there eby was, I should certainly be opposed to it. I am semly opposed to aristocracy, let it come up in what- When I first spoke with regard to this sysever shape it may. tem, I said that there appeared to be some pro I mnoved in committee of the whole to strike visions in it which might bring the Board of out the word " three" in this section, and in- Education into conflict with the General Asserfsert "six" in its place, and as the motion was bly. If you empower this Board to provide such carried, I feel under some obligations to state a system of common schools as requires a greatbrieflv the reasons why I made that motion. er school revenue than is now provided, yon First, then, I hold that the State of Iowa owes will allow them to form such a system as will to the youth within her borders an education, require legislation; and in order to carry it out, and that the government of the State ought to they will be compelled to increase the taxes. be held responsible for the means of education, May not the legislature refuse to increase the provided there are not o'her means devised for taxes, after the Board have made provision for this purpose. If my property is swept from me, a perfect system? That is what I contemplated 34th Day.] CO,,' AMON SCHOOLS. 823 Friday] [February 271-lh COMMION SCHOOLS-STATE UNIVERSITY. GILLASPY-IIALTL. when I said that these two bodies might come We all know that broils and quarrels very in conflict. often arise in the division of districts. which The section as originally reported, provided prevent schools from being organized and kept for at least three months school in each dis- up for s x months. Under such a state of things trict. I believe that the school funds now on we would deprive them, by the operation of the hand, and to come in under the present system, rule sought to be adopted here, of their portion would provide sufficient means for three months' of the fund. A law-suit may be got up which may last for six months, and consequently du school in each district, so that we would not be may last for six months, and consequetl d called upon or required to pay an additional ring that time there is no school tatglht. Are tax. But if you increase it to six months, then, going to rob the children of the distct in all probability, we may be required to pay an where such a thing takes place, of their portion ~~~~additional tax. 8of the fund, because their parents get to logger additional ta,x. heads with each other? I wish to retain such provisions in this plan as will enable me to sustain it when it comes to I believe the people can take care of this a question upon its final passage. I reserve,ater temelves, ad tat they will act prop therefore, the right to vote for or against it, as erly in regard to it. The children of each dis it may be amended to suit my views. trict should have the exclusive use of the fiunds allotted to them, three, six, or nine months in Mr. GILLASPY. I did not intend to say a the year, as the various districts may see pro word upon this subject, for the very reason that per; and if it is found inconvenient in remote I do not profess to understand what is right and and unsettled districts to keep up a school six proper upon so important a subject as this. But months in a year, they should not be robbed of I cannot see the force or effect of the argument their portion of the fund. made use of in favor of a six months' school. As I understand it, this school fund does not The question was then taken, by yeas and belong to the adults of this State, at all. It is nays, upon concurring in the amendment of the a fund that belongs exclusively to the children; committee of the whole to strike out "three" and, to my mind, it is utterly beyond the action and insert "six," and it was not agreed t yeas of the convention to undertake to rob the chil- 16, nays 1, as follows dren of a district of their portion of the school Yeas-Messrs. Clarkeof Henry, Emerson, Gib fund, if there is not a school taught in it for six son, Hall, Johnst. n, Marvin, Patterson, Peters months. I know that it is impossible, in a great Price, Robinson, Skiff, Solomon, Todhunter, many unsettled districts in remote portions of Warren, Winchester and Young. the State, to have a school taught for six ays-The President, essrs. Bunker Clark N' ysgThe President, MTessrs.. Bunker, Clark months. You apply to them the rule here pro- of Almakee Clarke f Johnson Dy El Gil posed, and you rob the children of these dis- ap; oe, Carrs, * io ll,' sot >. ~~laspy,: Gower, Gray, ttarris, Hollingsworth, tricts forever of their portion of the sch-ool trund.s Ioeero nerpr Ite Palmer, Parvin, Scott, Seely, Truer and Wil fund. sn Son. Mr. HALL. The gentleman is mistaken. It is a matter of discretion with the officers who have the management of the fund, whether State University.. these districts shall have their portion of the fund or not. The next amendment reported by the cornm. Mr. GILLASPY. In many instances, where mittee of the whole was to strike out the elev Mr. GILLASPY. In many instances, whereethscinwhhredasflos they have failed to have a school for three or enthsection, which readsasfollows six months, they have been able, the very next "The Board. ofducteation shall establish one season, to have a school for six months. They University, which shall be located at some cenhave the funds that formerly belonged to thenm, tral point in the State; Provided, that until and they can apply them. If they do not apply such time as such location m.ly be made and them this year, they can apply them the next. suitable buildings erected, said University shall But under this rule you take away their portion continue as at present located." of the fund from them. I undertake to say that The question was taken and the amendment each and every district has a right to their por- was concurred in. tion of the fund, and to control it in their own way. I am satisfied th it the people of the State The next amendment was to strike out in secw.il l take iterest enough in the sje o le of tedau- tion twelve the words "belonging to," and insert will take interest enough in the subject of edu-,, deposited in" in lien thereof, so that the seccation to have schools taught the proper length " deposited in" in lieu thereof, so that the ec tion will read: ot time. I have been looking for a proposition in red to require each memoer of the convention to "The University lands, and the proceeds teach a school for six months after he goes thereof, and all moneys deposited in said fund, home. I believe that the people are competent shall be a permanent fund for the sole use of said to regulate this matter for themselves. In the University. The interest arising from the same district in which I live, we have a school of six be annually nppropnated for the support months, and I know of many other districts and benefit of said University." where they have a school the same length of The question was taken and the amendment ~~~~~~~~~~~Th uetime was cokncan rraendmin. [34th Day. 824 [February 27th Friday-,I was concurred in. Dis,tribution of Common School Fund. SIr. HALL. I do not believe there is any necessity for the adoption of the amendment Te next amendment reported by the cor offered by the gentlenman. If any accident or The next amendment reported by the comnmittee of the whole was to add to sectioreseen ev en t prevents the meeting of the teen the following: board in time to perform their duties, the Gov In such anner as may be provided by the ernor can call them together at any time by "in such manner as may be proviey the provisions of this section. The board, unGenleral Assembly." less they are restricted to some time, might So that the section would read: bold too long sessions, and occupy too much "The money subject to the support and main- time. I think twenty daiys will affoid sufficient tenance of common schools shall be distributed time to enable the board to do,ll their busito the districts in proportion to the number of ness. youths between the age of five and twenty-one The question was taken upon the amendment years, in such manner as may be provided by offered by Mir. Clarke of Johnson, and it was the General Assembly." not agreed to. The question was taken, and the amendment was concurred in. Comrnon School System. Co7npezsation of Members of Board. r. M ARVTN. I offer as a substitute for the first two lines of section ten, which read, The next amendment reported by the commit- "The Board of Education shall provide a sys tee was in section eighteen, to insert between tem f common schools, by which a school sh-all the words'-the" and "Board," the words "mem- be organized and kept in each district at least bers of the;" and also before the word "com- three months in each year," the following pro pensation," strike out "the" and insert " their," vision: vision: so that the section would read: so that the section would read "And the legislature shall provide for raising " The members of the Board of Education funds sufficient so that schools shall be kept in shall each receive the same per diem and mile- each district at least six months in each year, age as their compensation as members of the which schools shall be free of charge and equal General Assembly." ly open to all." The question was taken, and the amendment I would t t th was concurred in. | Mr. GILLASPY. I would suggest to the s gentleman that he had better wait until he has The PRESIDENT. The amendments of the got the people to vote upon striking out the committee of the whole are now disposed of, and word "white" from the constitution, before he amendments will now be in order to any of the puts the children of negroes and mulattoes sections of the article. upon an equality with white children in our schools. I know that the people I represent Sessions of the Board. are opposed to the introduction of any such I principle as this into our state; and I only de MIr. CLARKE, of Johnson. I move to amend sire to represent the people that sent me here, the fifth section so that it willread: fitithfully and honestly. I will not allow, so "The session of said Board shall be limited for as I am concerned, the question to be preto one session yearly." sented here, without a notice which I presume I make this motion for this reason; it seems will be carried here by a majority of the conto me that if this board is composed of men of venrtion-at this early day, before the people that discretion, judgment and intelligence have voted upon the question of striding out which are contemplated, and which they ought the word "'white" from the constitution-that to possess, there will be no danger of their the children of the blacks, mulattoes and Indi holdin esions longer than is ecessary for ans shall be made equals with the children of the good ofge th is department of the governme nt, ando ythe whites, aind that they shba,ll come in and and there may be times when they will need ingetoether in our common schools. As an longer sessions than twenty days. One of the individual I am opposed to it, and I trust in sections in this report, if I understand it, re- God, that I will never see the day, when I shall, quires those laws to be passed by a majority f by any act of mine, do anything that may, and the board. Some occurrence may hapryen, such will ultimately in my judgment, lead to the as floods and bad travelling, which will prevent amalgamation of the black and white races of the attendance of a majority of the members for this country. I am opposed to it, firmly atd the first few days of the session, and therefore inflexily. If the people of this state are dis inflexibly. If the people of this sta,te,ire dliseit would be necssary to have a long,er period posed to appropriate money for the education of for their sessions than twenty days. I think for their sessions than twi~enty deys. 1 think the blacks, let them do it in separate and diswe can trust the members of this board with tinct schools, but I will not have them made the question of determining the length of their equal with iy children, and the children of my sessions. I move therefore to strike out the constituents, who are white and I thank God cnthteyt, h are white.adIthn o twenty days limitation, leaving the section so they are white. that it will provide for one session a year. I know that the people of this state are not 34tli Dal DISTRIB'UT'LQI- O-uk CIO INIVllqls I &. CLARKE, of J.-IIALL-MARI'IN-GILLASPY. [February 21 th Friday] .0 " ..1 COMMON SCHIIOOL SYSTEM. prepared for the introduction of this principle; vision would have the effect of giving them such and I am astonished that the majority upon this a right. floor should undertake to thrust upon the peo- But to come back to the constitution of Indiple a measure so obnoxious as this would be, a ann, made by a democratic convention. The measure that acknowledges an equality between provision which I find upon this subject reads the black anrd white races in which I do not be- as follows: lieve. From- the commencement of the sessions of this com-entih, this "nigco n erme question has " Knowledge and learning, generally diffused eof this convention this'nigger" question has throughout a community, being essential to the been!tugod in here i n fift y d ifferent proposi- preservation of a free government, it shall be tions ad in f ifty d fferent ways. I am apposed the duty of the General Assembly to encourage, to,,I this. I know th e gentleman front Henry by all suitable means, moral, intellectual, scien'.I[r. Clirie) says that I am very fierce upon tifi sce(it the nigr" I am no more fierce c, and agricultural improvement, and to tihe scent of the'ln-igg,er;" I amt no mnore fi(,rce provide by law for a gener,al and viz/'ormn system in that respect than inine-tenths of my constitu- provide by law for a genieal ne ifor system ents, whether they be republicans or democrats. of co on schools, wherein tilio z shall be without The' niger" question seems to be a great theme charye and efually open to all.' with the majority of this convention, anid it When this constitution was made, I do not was introduced here at a very early period in suppose that the gentlemen who made it smelt a the sessions of the convention. If t-ese gen- "nigger," or if they did, democracy then meant tiemen desire to make provision for the eduction a very different thing, from what it does now. of the children of colored persons, let them do I do not see how the provision now introduced it in a separate proposition and not undertake here, is going to equalize the black and white to make negroes equals, to all intents and pur- races; and I do not think gentlemen need be so poses, with the whites. They are not by nature much afraid of it. I think the gentleman from equal to the whites, and their children cannot Wapello [Mr. Gillaspy,] is a little-I will not be made equal to my children, or those of my say insane, for that would be uncourteous-but constituents. And, furthermore, I never intend a little excited upon this subject. He seems to that by any action of this convention, or any see and hear "nigger" in every thing here. It other bodv of men, that they shall be put upon was but a few days ago he objected to placing an equality with my children and associate with the negro in the front ranks of the army; aind them in schools, social circle or anywhere else. I suppose tie feels if they are educated that they It never shall be done, and I use the word shall, man y be pliced ill the front ranks of some other which the gextleman from Henry (Mr. Clarke), lp.ir'iiieit ot life, hence he wants to protect has used so often in this convention. there froii the evils of education. I have said all I desire to say upon this sub- While I have no particular feeling upon this ject, iand I will now say in conclusion that I subject, I for one will recognize the negro as a shamll vote at all times against any proposition part of the human family, made by the Great placing the colored race upon an equality with Father, to whom the negro is responsible for the white; and when I say this, I know that I his actions, the same as we are. If we are am representing not only the democracy of my going into a history of the moral nature of man, district, but a large proportion of the republican I want to find the authority which makes any party there. distinction in the races. Man has made the MNr. CLARKE of Johnson. I am surprised at distinction, but the Great Father of all has never the laguage of the gentleman. I never dream made any. He has given the negro the same ed theatnug there was a e. in this wood-pile" mind, and the same moral faculties that He has edat all. Ot there was a "niger think it is ade to the white ad e holds him to te same ac cratll. proposition The ogentlemary I think it is a deboring countability. I say it is our duty to provide for era-t-ic proposition. The gentleman is laboringthedctoofalcassopepeite under a great mistake, fo)r I find in the consti- the education of all classes of people in the rution of Indeiana which was miade by a demo- State. We are not to sit here and discriminate ratic onve of Indiana, juwhich was made bcisely the provision between people, on account of color, nativity, cratic convention, just precisely the provision or any thing else. It does not follow, if you ~now introduced here. provide that our common schools shall be open Mr. GILLASPY. Will the gentleman from to all, that the black and white must associate Johnson [MIr. Clarke,] allow me to ask him one together. question? The gentleman is a constitutional lawyer, we all know. I would ask him, if this The negro population of this State is very provision is adopted here, whether black child- small, it is true, but they are as much the conren would not have a right to be admitted into stituents of the members of this convention, so our common schools. far as their natural rights are concerned, so far as our duty in protecting them goes, and so far Mr. CLARKE, of Johnson. I do not think as our duty goes for providing every child in the that it would follow as a necessary consequence. State with an education, as any other class in Mr. GILLASPY. Would they not have a le- this State. I am willing to make some provision gal right to be admitted into our schools? - by which they shall have that common share of education, which it is necessary they should Mr. CLARKE, of Johnson. I do not think have, in order to make them good citizens, to they would have, and I do not think this pro- enable them to know their rights, and which 826 [34th Day LFebruary 27th Friday] CLARKE, of J.-GILLASPY. COMMON SCHOOL SYSTEIM. GILLASPY-COLARKE, of J.-HALL-MARVIN. wvill promote their moral and intellectual welfare. I wish gentlemen to explain to me how it was, thali the democratic constitutional convention of Indiana did not see the great dar'er ot elevating the negro to the same position %%ith the wl,t ite, and why they did not think of this tililg, when they incorporated into their consltituion the provision which I have read, and why if it were democratic, then, it is not democratic now. I think that the majority of that convention who adopted this proposition had some regard to human rights, and the duty which the State owed to every portion of her citizens; and that they were not governed or controlled by this miserable feeling of sectionalism, which is displayed here by certain gentlemen, for it is noth- ing but that. This spirit and feeling is not concurred in by the great mass of the people of the State. tar. GILLASPY. Is there not in the constitution of Indiana a provision to prevent negroes from coming into the State? Mlr. CLARKE. There is a constitutional requirement to that effect; but she had negroes in the State at the time this constitutional provision was made, which provides for the education of those who were there at that time. The men of that convention, no matter by what party name they were called, were above these miserable paltry prejudices, and acted for the whole people, without regard to color, class or condition. MIr. HALL. I regret that this matter has come up here. I know that my frien d from Jones, [M.r. Marvin,] is warmly attached to the cause of education, and I know that the cause of education has no warmer friend than that gentleman. I regret, therefore, that he has introduced this proposition here. Whether it does or does not put the Indian and negro races upon an equality with the white, and whether colored children under it could be prevented from attendance upon the common schools, is not a question for discussion at all. It is sufficient for me to say to the gentlemen of this convention upon all sides, that as the proposition now stands, there is not one word including or excluding the negro race from the common schools, and tlhere is no discrimination, so far as this constitution is concerned, made between the negroes and the whites. It does appear to me that this is sufficient, and that we should stop there. I would be unwilling to put into the constitution, and I would vote at all times against any proposition that should exclude negroes from our schools; nor would I vote for a proposition here that should declare directly that they should have this right. That man, I claim, is unwise who is not willing to yrield to the prejudices of the people. No matter how much he may deprecate such prejudices, no matter how deep a mortification he rmay feel upon this account, still he cannot overcome them. If you incorporate this provision into the constitution, by which ii a le-gro or in I think that the section is well enough as it no w stands. I do not t hink that we can gai n anything for the cause of education by go ing to the l en gt h wh ich the gentleman proposes. I am willing to agree that the constitution shall make no distinction in this respect; bu t I am unwilling to introduce an element here which may deftest the passage of this a rt icle in the convention, or may defeat the consti tution when it shall be submitted to the pe ople for their ace t nceptnce. It does appear to me th at we ought to let the provis ion sotand as it is re porte d here; not in t roduce a principle which goes to the extent of that introduced by the gent leman from Jones, [Mr. Marvin.] MIr. MARVIN. I feel disposed to make some remarks u pon this question; but they shall be very few. I hold, that in t hi s State, ev er y man, woman and child, and especially every white man, has aa direct and substantial interest in the education of every child in t he State; not for the purpose of placing the colored child upon an equality with themselves, not for the purpose of making them capable of becoming citizens, but a direct interest pecuniarily. Go int o a community where a p ortion o f that community are permitted, or rather com pelled, to become degraded in their intellectual powers, degrad ed morally, physically, and in every way; and you will find i n tha t co mmun ity a class da ngero us to your interests, a class which may strike a f atal blow at midnight, a class which may rob you of your treasures and your life. I know of no better way to prevent such a state of things than by giving every child in theJ-tate an opportunity to become educated, to learn the principles of our government, the principles of our religion, the principles which are calculated to make men, the principles which are calculated to elevate man into the position which God, in his creation, intended him to fill. I hold that we might, with equal, nay greater, propriety, say that our school houses should not be contaminated with that blacker stain of immorality, and exclude those young persons who are so immoral in their course of life that it is contamination for our children to come into contact with them. I kpow that our schools are, to a great extent, dangerous schools, because they open the door to all classes; but that contamination which comes from a deprived mnorality, I dread far more than the contamination which arises only from a dark complexion. I have never experienced any difficulty from the intro 827 34th Day.] FFebruary 97th Friday,] I COMMON SCHOOL SYSTEiM. Friday] KIFFCLAttKE, of IL LFebruary 27th will it be before he will want to make one ex ception in favor of white children? I wish the , gentleman did truly worship intellect. I wish hie did truly reverence the soul. I wish he could throw aside those shackles binding his efforts here in the true cause of humanity and human rights. I wish he could throw himself fieely into the promotion of the best interests of all God's creatures, and not be com lied to cramp himself within those narrow li. ts where one with so large a soul as his by na re, feels him self a slave indeed. The remarks of the gentleman from Wapello, [MIr. Gillaspy,] in regard to putting the"nigger" children of the country upon an equality with his children, I expected from him. They are in keeping with other remarks he has made here. They grow, I believe, out of a mere prejudice on his part. We are not legislating or arguing for any equality so far as social, moral or intel lectual nature is concerned. WVe are merely de (iclar:ug what the political rights of all meni are. We ate declaring that this school system has its very soul and life in being open to all alike. And yet the gentleman rises and attemp's to demonstrate that because, in carrying out that principle, colored children are permitted to go into our schools, we should throw it aside. Now shall we admit this exception to the great prin ciple? It is striking at the very foundation-at the very heart of the common school system. That system has been built up on the great idea of opening the schools to all classes. It has be come what it is from the very fact that it is a common school system, common to all, free to all. The gentleman seems to think that if we permit all to participate in these blessings, and enjoy an education through aid of these schools, it will put them into such a position thatt his t own children cannot claim to have any superior ity at all-that they will all be upon a perfect equality. I do not know how far the gentlemai's children may be entitled to the worship of the gentleman from Des Moines, [lIr. Hall.] I do n ot know ho w far e levated they are a bove those, whoe may be of a darker hue, in intellectual en dowment. But the gentleman may be well as sured that it will ret alter their position a sin gle iota, if we pass the amendment as offered by the gentleman firom Jones, [Mr. MIarvin. ] It will be mereiy saying to the colored child what you say to the German: child-to the child of the catholic and the child of the protestant-to tie child of every human being-these schools are open for you; come in and participate in the blessing. It does not affect their social position or standing or equality in any way. It is simply like a great charity, open to all. If tlie gentleman, during this cold winter, had thrown open his doors, had spread upon his board food for the hungry, and had prepared clothes for the naked; if he had said: come all you who are hungry and want food-adl you who are nakied and want clothing, come and partake; would the gentleman suppose. that, if some poor son of Africa should come forward to partake of his benefaction, that w~ousld be placing him duction of colored children into common schools. To get what little knowledge I have, I sat side by s ide in t he same school house wi th blacks, and I neve r heard it complain ed of. I t is a common thing in New York. Bu t if the districts are any of the m so tenacious of their prejudices that they ca nnot cons en t to this, they can do as the profe ssors of relig ion do in ma n y of the churches-have a side pew for them. But by all that is dear to us, le t us e du cat e every hu man beinge within our reach. Let us prepare the m all to become citizens. Let us prepare he o a them to act th e part, wha tever it may be, which is assigned them for after life. Can it be possible that, io this age of the world, and in this enlightene ad and ree Iowa, we ar e to t ravel back and refu se t o mak e pro visions by which all shall be educated? I feel tha t it is our duty to lift from degradation eve ry cla,s of men which we may have among us, needing our ass istance. It is necess ar y for our own interest, and for our own safety; apnd it wlill enable us to answer, I trust, with a good conscience, before God. While I feel deeply in the ca us e o f education, becaus e I feel the want of it, I be lieve that my towdgue shall cleave to the roof of my mouth and my right hand forget her cuntlinrg, before I shall forget to put forth every effort i t a proper place to elevate all God's creation. When you ask me to say that they shall not have equal privileges in learning to read of the God who created them, and the Sai vior who died for their salvation, you ask me to do that which my religion forbids me to do. Mr. SKIFF. I only desire to say, in explana tion of my position, that I do not wish nor de sire to exclude this race. I am perfectly willing that provision should be made for their educa tioil, but I wish it to be separate and distinct irom the whites. If the proposition of the gen tleman is open to amendment, I will move to amend bv ii-uerting, after the word "all," the words "white children;" and, upon that, I call for the yeas and nays. Alr. CLARKE, of Hlenry. I do not feel my self able this morning to enter fully into this debate; but still I c ~nnot refrain from saying a few words upon this question. I listened to the argument of the gentleman from Des Moines, [MNr. Hall,] this morning, and while he stood there talking upon this subject of education and all its great interests, I could but admire the ease and freedom wlth which he expressed his whole soul, and the eloquence, with which he dwelt upon this subject. I could not help contrasting the efforts of the gentleman in this behalf with those other efforts of his, where he has seemed to be struggling with his prejudices as a buffalo would struggle within the folds of the anaconda. When the gentleman expressed the sentiment here that there was one aristocrac~y which he worshiped —the aristocracy of intellect —I could not help having a pane pass through me, and I thought, how long will it be before that awful prejudice of his will come in and again set him to struggling? Htow long. I i I t 828 [34th Day SKIFF-CLARKE, of 11. Friday] [February fZ7th I COMMON SCHIIOOL SYSTEM. Fia]GLAv-cHK,o11HAL[Fbur2 h upon a perfect equality with the whites who might equally share his bounty? Would he want to say, in extending his invitation: come, all white people who may need food, or who may need clothing? I believe the gentleman has told us that in his youth he used to play with the sons of Africa. Ar. GILLASPY. That was the gentleman from Lucas, [Lir. Edwards.] Mr. CLARKE, of Henry. I thnk the gentlemau from Wapello told us the same thing. At any rate, I presume the gentleman would have no objection At all to have one beside him upon the ceach bo: driving his carriage; he would not object to. lowing one to put a handkerchief abouthis nec set him in the right position upon an easy cair, take him by the nose and remove from his face the exuberance of his beard; he would not object to allowing him to come with a white apron behind his chair at the table, asking him what he wvill be helped to, placing it upon his plate, or to removing his plate to get him another wiped by his own hand; no objection at all to that. I need not go further in saying what he would not object to, the gentleman having informed us that there is but one of that race in his community. But I will say that all these are mere prejudices. They are urged here as mere prejudices, without any reason at all. There has not been a word from a single man here, to show us any reason which really exists for making any such distinction. There is a sort of idle dream that somewhere in this great republic there is a feeling which would keep them out and deprive them of education; one after another catches the idea, and every man thinks that some howh or other he is to be tainted, and there is t o btha prejudice against him, unless he joins it, the hue and cry against anything like doing justice towards that portio of the human race. It is iunmanly. It is ungenerous. It is unchristian. It is uncalled for by any reason. You need not be afraid to trust this state upon a perfectly free constitution. You need not be afraid to open your doors to a perfect political equality. You need not be afraid to open your school-houses to all. You may do everything to remove all restrictions, and leave them perfectly free to rise to the highest point God originally designed them to reach. You need not be afraid that amalgamation will follow from this. It is idle; it is foolish. It is the degradation of the negro which leads to amalgamation. I have been in the slave states. I have been upon the plantations of Mississippi and Alabama. Ihave beena way up in the backwoods upon the Yazoo river, upon plantations scarcely visited by white men once in a year, where they raise their cotton crops, and ship them annually to New Orleans, where there is but one overseer to a plantation, and the master is hardly ever there, but receives his cotton crops, and disposes of them in New Orleans, and uses the money either there or at the 105 waterin g places. Yet go upon one of those plantations, where t here is a white manl for the oversee r, l ook around among th e negro quar ters, and there, if you want to see amalgamation, is th e place to find it. It is the institution of slavery which is t h e great parent of amalgama tion. Gentlemen need not fear it from those op posed to that institution. Gentlemen need not attempt by the cry of amalgamatio n to silen ce th ose wh o s tand up batt ling, not merely fo r the rights ofnegroes, but for the rights of Germans, of Irish, of Catholics, of all God's human cre ation; whatever their race, whatever their creed. Sir, I scorn it. It is simply throw in for the purpose of raising prejudice against persons who stand here the most free, the most liberal, the most democratic, the most republican. Gen tlemiien call us abolitionists. When have I said a word here in regard to abolition? When have I said anything in regard to touching the insti tution of slavery beyond the constitution and constitutional privileges? When have any of us stood up here and uttered a tirade against it, as something we were determined to lay our hands upon, or to use any other power than moral power and intellectual power to effect? Gentlemen are ungenerous, they are unkind when they come in here with these accusations, and these assertions. I am no more an abo - litionist than gentlemen who came to Iowa to enjoy the privileges of our free institutions and to escape from the curse of slavery in their native land: not awhit more. Mr. GILLASPY. I call the gentleman to order. I have not used the word "1 abolition ists." Mr. CLARKE, of Henry. The word has been used here frequently. I say that we stand here, not as abolitionists, not as advocates for the negro, not as justifiers of the negro, not as attempting to substantiate that they are equal to the whites in any particular. We do not think that necessary. It is Ilot in our province. It does not belong to us. But we stand here upon eternal principles and rights. When yoii talk about a common school system with exceptions, you might as well carry your exceptions so far as to exclude all but Protestants, or all but native Americans, as to exclude all but white people. As I have said before, Iam not satisfied with anything short of what is exactly right, and cannot therefore be satisfied with taking away fiom our common school system that principle from which it derives its name. I do not ask who is affected. I stand for the right because it is right. It is right, if we are to have a common school system, that it should be a common school system, common and free to all. Mr. HALL moved to lay the amendment on the table. The question being then taken by yeas and nays, upon the motion to lay upon the table, it was agreed to, yeas 23; nays 10, as follows: Yeas. —The President, Messrs. Clark, of Alarnakee, Day, Edwards, Emerson, Gibson, Gillaspy, Gower, Hlall, Harris, Hollingsworth, John I 34th Day.-'.i 8 2,q Friday] GILLASPY-CLARKE ofll.-HALL. [February 27th COCMMON SCHOOL SYSTESM. Friday] WARREN -ELLS-IIALL-GILLASPY-SKIFF —GOWEIt-SCOTT. [Febrluary 27th themn. One district not sufficiently prepared for everything to go on harmoniously would lose its share of the fund, while a more populous or wealthy district would enjoy it. I think we can allow them two years to make preparation, with out any detriment to any one. I iiove to insert in the last clause of this section the words "for two consecutive years." Mr. SCOTT. I feel hardly qualified to urge my own particular and peculiar views in regard to this matter upon members of the convention; but I must beg leave to differ with them and I believe I have good reasons for differing with them. I believe that this last clause should be left entirely out. There are a great many contingencies which may arise in the management of this school fund which I believe will justify the striking out of this clause. For instance, a new district is formed, consisting of forty or fifty pupils, and the fund accruing to them would be somewhere in the neighborhood of a dollar for each pupil, or fifty dollars for that district. Now under the present arrangement it is necessary to organize and keep up a school for three months the very first year after the district is laid off, or else they cannot draw the money. Now it is well known to members of this convention that as a general thing a district thus laid off has no school house; and it is well known too that it is not always in the power of the district to build a school house the first year. In a great many districts, one and a half cents upon the dollar, upon the taxable property of the school districts, the greatest amount you can raise by taxation, would be insufficient to build a school house. So they must devote their whole tax for two years in succession in order to accomplish the object. The first year they barely build the house; the second year they complete the house; and having appropriated all their funds to building the house, they find it too burthensome that same year to open and support a school. Gentlemen will see that the newly organized districts need this fund more than any other portion of the State. They labor under great disadvantages in paying this heavy tax to build the school house; and then we threaten to take away the school fund from them if they do not keep up the school three months in the year, when in filct they may not have been able to complete a house in which to keep the school, and are thus deprived of the school fund. I assert that this is wrong. There is another reason which I have to give which I thi nk will make it appear very clearly to to the minds of members of this convention why this is wrong. It is taking away from a portion of the youth of this State and giving to another portion of the youth of the State without any cause. Gentlemen say that if the districts are so negligent or so careless about having a school that they will not organize and hold a school three months in the year, they are not entitled to the benefit of' the fund. I claim that this its a wrong principle, because it is not the negligence of the pupils. It is not their dereliction from The convention reassembled at 2 P. 5I., and were called to order by the President. The consideration of the report of the committee on education and school lands was resumed. Mr. ELLS moved to amend section ten so that it would read: "' The board of education shall provide for the education of all the youth of the state through a system of common schools, by which a school shall be organized and kept in each district at least three months in each year." Mr. HALL. Did the gentleman intend to leave out the other line,-," Any district failing to organize and keep up a school, may be deprived of their portion of the school fund"? Mr. ELLS. Idid intend to omit that. It was at the suggestion of several friends. Mr. HALL. I object to that, because it rather gives a bounty to districts not to have their schools, if they are not to lose anything by it. I think we should provide that if they do not keep the schools they shall lose the public money. I would have this held in terrorem over them. If they lose nothing by their neglect, they will have no inducement to open the schools. I do not think this would ever be exercised improperly. Upon this amendment-i Ier. GILLASPY ca lled for the yeas and nays, which were ordered. allr. SKIFF. I pre fer th e entire section; and I move to amend the amendment by adding as follows: "Any district fwiling to organize and k eep up a s chool, may be deprived of threir portion of the school fund." nMr t. ELLS. I will accept of that as a modification of my amendment, if there is no objection. I am satisfied with it. Mr. GOWER. I would like to offer an amendment to that, so that if any district shall fail for two years to organize and keep up a school, they shall lose the school fund after two years. I ask that the new districts may have two years to supply themselves with houses, to organize, and to procure regular teachers. That seems to me no more than is reasonable. I have seen the operation of forming new districts; and the effect of the clause in our old constitution upon [34th Day 830 I it COMIMON SCHIOOL SYSTEM. GIBSON —SCOTT-HALL. - whether the school is kept up three, six, or any - other number of months. I believe that the - principle is founded upon wrong, and that it is unjust and oppressive. It may be said that if this fund goes on accI* mulating, parties may wish to keep the fund f from being expended in the district to which it really and properly belongs, and thus there is a 1 fund created which may not accrue directly and , inmediately to the supply of the wants of the rising genelration. But whether it is directly t and immediately available or not, the fund is theirs, and I am willing that if they will not spend it this year nor the next year, that they shall have it to spend the year following. Let them be their own judges at what time and un der what circumstances the expenditure of this fund will be the most serviceable to them. It is theirs by right. It is bequeathed to them. It is a legacy to them; and we have no right to wrest from them that legacy. We have no right, even in consequence of any negligence or fault of theirs, to snatch from them the legacy so gratuitously given by our General Government to them. I hope that gentlemen will take this view of it; and if they do, I believe they can vote in no other way than with me upon this motion, and upon every motion of this character. Let no such restriction be placed upon the enjoyment of this fund. Gentlemen say that it is setting a bad example, and taking away the terror of the lossof this money. There is no terror connected with the loss of this money. It does not operate in the districts as the gentlemen suppose that it will. The expectation of receiving this fund is not the great incentive which organizes and keeps up the school system. And whatever the rule may be in relation to it, if the school was to be kept open six months instead of three, or the districts would lose the fund, I do not think it would ever be taken into consideration at all. I say, let us " do right, though the heavens fall." Let us hold no lash over any one. Let us do that which is perfectly right, honest, and just. Let us not take this legacy from the children on account of ally dereliction of (fduty upon the part of the parents, guardians, or overseers of the school system. The fund belongs to the children, ant let us not take it from them. Mr. HALL. I ask the gentleman from Clayton [Mr. Scott] to l'ook at the amendment a moment, and he will see that it simply confers the power to deprive the district of the school fund; it is not obligatory that they shall he deprived of it; but leaves the question to the discrietion of the proper officers of the government, who have the control of this fund. duty. It is no fault of theirs. It is the negli gence of the parents or guardians of the chil dren. It is the negliglence per haps o f the direc. tors of the districts. It is a n egligence not only not ema nating fr om the se pup ils or resting upon theen, but entirely out of their power to control It appears to me like visiting the iniquities of the f.tglers upon the children, to say that the child si hall b e deprived of his share of the school futnd, not from any fault or lack of his own, but because his parents or his guardians have a ne glected to organize a school and keep it open for three months in the year. The parents are a at f ault and we dis franchise the children. This ought no t to be (lone. If the recipient of the favor could by any act of his own denv himself te he riht, if e could disfranchise himself, then I Inight admit that it would be just and proper th at hie should suiffer the conseq uences. But by no act of his own can the c hild refuse to receive that boon flotn th e State. Th e f orfeiture is on account of the action or the negligence of a party with whom he has no connection by his own consent. Because another party fails to meet the intents of the law, his right to this boon is wrested from him. If gentlemen would look upon this thing from that point of view, I think they would agree with me that it is not right that in consequence of the negligence of persons over whom they have no control, any party should suffer loss. The pupils have no agency in this neglect, and they have therefore a right to the fund. If other individuals are neglectful, those children ouighl lot to suffer for it. There are a great ma, contingencies which may arise, besides ne.gences, to prevent the organization of a sc,.ool at as early a period as would be desirable. There may be some little defect in the organization of the convention. The matter may be thrown into court, and it may be kept there two or three years before it can be adjudicated upon. Now shall the children of that district be deprived of the benefit of this school fund in consequence of the wilful stubbornness, if you please, of those who live in that district. The fund does not belong to the parents at all. It is not given for their benefit, and they ought not !to have the power to wrest it from those for whom it is designed. They ought not to have the power to snatch it from those to whom it has been bequeathed without their consent. It is the neglect of the parents which this clause would visit upon the heads of the pupils. 5Ar. GIBSON. I would ask it there is any such question before the Convention? MIr. SCOTT. The question is upon the motiol of the gentlemarl from Cedar, [Alr. Gower,] that if a district neglects for two years to organize and keep up a school for three months in each year, it shall not draw from the school fund. Thcat I understand to be the motion before the convention; alnd my remarks bear directly uponl that point. It cain make no difference in the principle whether thle number ofi years of negflect is two, five, ten, or twenty; or 34th Day] 831 Friday] [February 27th k COMMON SCHOOL SYSTEM. ItALL-ELLS-GILLASPY-SOLOMON-WILSON. ture may act discreetly. They may never exer cise this prerogative. They may take the mat ter into wise consideration. They may never exercise the power which we grant them. But that will not excuse us, if we allow the legisla ture to do that which we know to be morally wrong. Mr. HALL. I think a clause of this kind is necessary. We have all read the fable of the dog in the manger. The gentleman cha Mr. ELLS. If the gentleman will give way a moment, I will accept the amendment of the gentleman from Cedar, [Mr. Gower.] Mr. GILLASPY moved to strike out "youths" and insert " white children." The amendment, if so amended, would read: "The Board of Education shall provide for the education of all the white children of the State through a system of common schools, by which a school shall be organized and kept in each district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school, shall be deprived of their portion of the school fund." 3Ir. SOLOAMON. I cannot see any great objection to the amendment of my friend from Wapello, [Air. Gillaspy.] The present condition of this question in the convention with regard to colored people, seems to be this: There seems to be a proposition now before us, which will probably be adopted, judging from the expressions I have heard here, leaving it to the people to decide whether the adjective "white" shall be stricken out wherever it occurs in the constitution, or not. The main object of those who desire to have it stricken out, I understand to be to clothe the negro with the right of suffrage, and o holding of fice; to give to him tha t which is the substratum of all substantial political rights. Now, I am free to say, that if that qualification be removed in that respect by the people of the State of Iowa, it should be removed in every other respect. I should be opposed to having in our community any one clothed with the rights of citizenship, the privileges and immunities of the elective franchise, who would not -have all the rights of citizens. I wish to be understood. I am opposed to clothing colored persons with this privilege, and think that this is doing them no injustice. They are not now residents of our State, as a general thing. We have but very few of them, and those that have come here, have come without any inducement or expectation that this privilege would be given them. We take nothing from them. But if the people so decide at the ballot-box, in voting upon this question, that the negro shall not have the right of suffrage, I think this should go with it; and if they decide the other way, I would let this go with the balance. If we are to have a negro or streakyr constitution, let us ha~ve it. If it is right and correct to have the word " white " anywhere, I do not see any objection to placing it here. M~r. WILSON. It seems to me that gentle men are too sensitive, that the gentleman from Wapello [Mr. Gillaspy,] is decidedly to o sensi tive upn i sytm f on this subject. I am s atisfied, and think ever y gentlema n of the convention would be satisfied, from the reading of the substit ute pro posed to be amended, th at t he legislature may exercise its discretion in th e formation of school s in this State. According to the provisions of the substitute, they are to provide for the edu cation of all t he youths of the Stat e th rough a system of c ommon schools. Under that they may sever the whi te s fro m the black s. They may make provision for the education of the blacks in schools by themselves, and for the ed ucation of the whites in sc hools by thems elves; or in districts where the pe ople desire it, the y may provide for the ir education in thei suameo nt e school. It seems to me to be going altogether too Ear to say that the blacks or mulattoes of this State shall be cut off en ti r ely fr om education. There ar e negroes and mulattoes in this State who own property, who are taxed for school purposes, who are taxed for all the purposes of our State government. After having imposed upon them this oblig ation, and this taxation, it seems to me that it i s asking too much of them to ask that they shall forego all the privilege s of education, t o s ay nothing of their absolute righ t to it. I ho ld, to t he fullest extent, to the doctrine advanced by the gentle man from Des Moines, [AMr. Hall,] that every human being is entitled t o an education. I believe tha t doctrine is true. But I do not wish to place this constitution in su ch a shape that the children of the gen tleman f J rei Wapello shall necessarily sit side by side with the children of a black man. I am willing to leave that open, and let the legislature dete rmine it. But I will never vote to keep th e colored children out of the schools altogether, so that the children of the black, the mulatto, or of apy other race of men, shall be deprived of the benefits of education. It makes no difference, so far as regards this question, whether the blacks are clothed with the right of suffrage or not. We all have an interest, whether we give them that right or not, in the intelligence of that race. An intelligent negro is certainly preferable to an ignorant one. The gentleman from Wapello, residing in the county seat of that county, if they are to have negroes in the town in which lie resides, would certainly prefer that they should be intelligent rather than that they should be debased and ignorant. Why then should we not confer this right? Why not leave it open? Why not give the legislature not only the power to tax them, but to confer upon them an education? I hope that amendment will not be adopted. Mr. GILLASPY. I do not know that it is the province of the gentleman from Jefferson [-Mr. Wilson,] to undertake to direct me in my movements haere. I alone amn responsible for them, not the gentleman from Jeffersonl, nor his constituents. We voted down a similar proposition to this, just before we adjourned. And I un 832 [84th Day. [February 27th Friday] i I II COMMON SCHOOL SYSTEM. dertake to say here, without the fear of success- men have said that which carried with it the ful contradiction, that if you adopt this princi- implication that'the gentleman from Wapello' ple, notwithstanding the denial of gentlemen had said upon this floor, by word, or act, or here, it will lead to amalgamation. Put your vote, that he was in favor of excluding negrees white children in the country, upon an equality from the privileges of education. I have said with the negro, in the schools or the social cir- no such thing. I am perfectly willing that the cle, and I undertake to say that it is the very state of Iowa to-day should make separate and thing to lead to amalgamation. Teach them distinct provisions, or should give the legislature that the colored population are just as good as the right to do it, for their education. But so they are by nature, and equal in every sense of far as I can prevent it, they shall not be educa the wvord, and that s the inevitable consequence. ted under the same roof, side by side with my All children play together; but I venture the children, or with the other white children of assertion that if the gentleman should find his this state. I believe it would be wrong. I am children in the negro quarters of the town or as much opposed to ignorance as the gentleman city where he resides, he would be one of the from Jefferson, [Mr. Wilson.] And I prefirst to take them away, and say to them-you sume I know more about it than he, having had must not go there; you must play with the greater experience in relation to it than he has white children. Why would he do it? He does had. But I am not willing that the children of not desire to have it inculcated upon his child- the negro, or mulatto, or Indian, whom he and ren from childhood up that the negroes are as his party have provided for here, shall good as they are. I wish the republican mem- come into our schools as the equals of the bers upon this floor would come out, and meet children of my constituents, or the children of these questions directly, so that the country I the white people anywhere in this state. I might understand them; but it is always am perfectly willing that gentlemen should brought in here covered up. think I am sensitive upon this point. I amn glad that I am. The gentleman from Henry Llr. I have not said or undertaken to say here, ta m h etea rmhny[r I hae not sad or underten to say here, Clarke] said the other day that the time would anything upon political questions; but I have come when I would not be. I have only to say doubt that this whole thing is well understood to him in reply to that that if his party in this not only by members upon this floor, but state have to wait till I advoca te the doctrine through the whole state. It was charged in the endorsed by him, they have a ong time to wait 11endorsed by him, they have a long time to wait, last campaign throughout this entire state that in my judgment. All have now to ask is a direct 11 ~~~~~~in my judgment. All I have now to ask is a direct the new-fangled party in this country was vote upon my proposition. And if gentlemen the old whig party tied on to the abolition party do not vote it down I hope they will say boldly of this state, that we had here a few years ago, and explicitly that this is for the white children and of which the gentleman from Johnson, [Mr and that they are not trying to lug in the negro Clarke] was an elector. It was denied on all here. Let them say which side of the question hands by everybody. I venture to say there are hey take and it is all I ask. sixteen, twenty, or twenty-five thousand voters of that class in the state to-day. The gentle- Mr. CLARKE of Johnson. I have not sought, man from Henry [MAlr. Clarke] represents a thus fair in the convention, to introduce political large portion of that class; and unless the party subjects or to discuss political questions. I am in the majority here will show their hands, and not very particular what charges are brought show that they are in favor of extending the against me out upon the stump. When gentlerights which the others have been claiming for men undertake to play the demagogue, and to years gone by, they will sever themselves fromn misrepresent my positions, upon the stump, I the present republican party and set up for am not uneasy; but when in a convention like themselves as they did before, when there was this any gentleman charges me with being an a whig as well as a democratic party. I believe abolitionist, I undertake to say that he charges this whole thing, this clause in the right of that which is not true, and what, if he had exsuffrage, and all the agitation upon that ques- amined the subject with ordinary care he would tion, is intended for no other purpose under have known not to be true. Heaven than to hold fast that abolition party, Mr. GILLASPY. Was not the gentleman an anid to open in this state questions upon that elector of the abolition party? subject. I hope the majority upon this floor, Mr. CLARKE continued: It does very well who have the power to pass these provisions 1 for demag, gues upon the stump to impose upon will come out flat footed and say directly what t s the people lay this cry of abolitionisml, and this they mean; so that they shall not have the op-* they'mean; so that they shall not have cthe op- sry of alerism, and all those epithets of asportunity hereafter to look back at the records c of pui, a ae the o and say, "I didn't mean that; I meant some- sion and of prejudice, which are the common and say, "I didn't mean that; I meant some- stock and common capital of some gentlemens o *.. *. ~~~stock and common capital of some gentlemens thing else," in one neighborhood, while they not only upon this floor but elsewhere. Now I whisper in the ears of others, "This means es- actlyer in the ears ofaothers, "This means cx- undertake to say that if that gentleman know, the meaning of the English language-he has I am willing to confess here that I am "sensi- said that he has had great experience in ignotive" upon this subject; and I am proud to say rance, and it may be true-he knows that it 'hat I represent a constituency which feels with is untrue that the party in Iowa with which I regard to it in the same way that I do. Gentle- t have been connected has ever deserved the name 833 34th Day.j [February 7th LASPY-CLARKE, of J. Friday] GIL I I COMMON SCHOOL SYSTEINM. CLARKE, of J.-EDWARDS. y Ir. EDWARDS. It appears to me that some r gentlemen over the way are in the habit of put1 ting on their magnifying glasses, and making a mountain out of a mo'e-hill. The amendment r proposed by the gentleman from Scott [Mtr. f Ells,] is copied, I believe, from the Constitu ion - of Indiana. Robert Dale Owen is the author of that article in the Constitution of Indiana, one of the old democrats of the State, and a man who is an ornament to society and to the country. There is not another free State in the Union that ? is so much slave-ridden as the State of Indiana. I think that the Democratic party have, by a large majority, affirmed the proposition con toained in the amendment of the gentleman from Scott. It was left to the sensitive gentlemen t from Wapello [Mir. Gillaspy,] and from Mills [Mr. Solomon,] to discern that there was a "nigger in the wood pile" here. If it had not been for their delicate powers of perception, I venture to say that the people of the State never would have thought that such a thing was in tended. Society would regulate itself; espe cially in a State like ours, where there are not more than three hundred negroes or mulattoes in the State. There is no danger, unless a man chooses to bring himself down and make a negro of himself, that there can be any system of amalgamation carried on here. The gentle man has a very flippant way of trying to make it go out before the world that we are attempting to mike the negro better than the white man. It is beyond our power to do it. God has made the distinction, and whatever the distinction may be in color, wherever the two races may exist, it will regulate itself. Go into this com munity anrd you will find here castes of Irish and Germans. You find them associating toge ther,,and not intermingling with other classes. So you will find the negroes, or any other race of human beings, let them be cast where they will, as a general rule they will always associate with those of their own class and race. Neither the gentleman, nor I, nor any person, nor all the peuple of the State, could compel any man who did not desire to put himself upon an equality witih the negroes, to become their equal. I take it for granted that this Board of Education, or whoever may have the control of the matter under the law, will regulate this matter without any difficulty. There is no question in the world that pre sents so many inconsistencies as this Slavery question. I have no doubt that any one who has ever been in a slave State, and who has visited the various churches, has seen the efforts made by ministers of the gospel for the purpose of raising money to send missionaries into for eign countries, with what zeal their efforts have been put forth to send abroad these missionaries, and especially to Africa, for the purpose of educatingf, civilizing, and christianizing this unfortunate race of people. The slaveholders are raising maoney for the purpose of sending missionaries to Africa and other portions of the globe, to every race of- the human family? and at the same time in every slave State ill the Unlion of tie aboli tion party. The o ld free-soil party or this state, I say to-day, never occupied or held a position ot not now occupie d aa reconize b u th oe redpublican party of this State and Union They n ever have advocated negro suffrage oor negro equality; and the ge ntleman kn ows it, ii he is aen iqutellinest pmanl and has informed him self as he ought to have done before under takingh to t alk here up on this subject. I beg leave to call the,attention of the republican paeItv of' this convention to th e appea ls of the gentleaIner and his trauments. Wei,at are they? Ar e they based u I)ol re ason,e founded upon truth, or ar e they the veriest appeals we have had to prejudice in the convention? Does the gentleman say hie i s willinga to put a clause in the constitution refusing to give to any of God's creatures living upon our soil, an education? Dtille he come forward and say that he will advocate a clause prohibiting the negro from having the advantage of an education? I undertake to say that he dare not assume that position. Is he willing to say that any other class of men, not belonging to the Anglo-Saxon race, shall be excluded from the privileges of education? I undertake to say that he will not dare to do it. Neither he nor his party will be willing to occupy so humiliating a position. Why then this constant snarling and whining, this constant attempt to misrepresent the majority upon this floor? When the people come to examine these debates, when they come to read the speeches of members, they will find that that gentleman has had more to do and more to say upon this negro question than any other man upon this floor. He has let no occasion pass when he could dragfl it in. He has let no time go by, when he could throw it into the teeth of the majority upon this floor, for the mere purpose of creating prejudice in the minds of the people in advance, against the action of this convention. I say to the republican members, if this is wrong in principle, not right that we should secure to every one of God's creatures on our soil, the right to an education, vote this down; but if it is right, and if it is our duty to provide here for the protetion of the natural rights of all men, then it is our duty to do it here, and to do it manfully and boldly. I, for one, am willing to take the consequences. I do not sit here to give votes which will procure me popularity among the people. I do not sit here to vote in such a way that I can excuse every act I do; but to vote according to the dictates of my own judgment, with the lights that are before me. If the people complain, I wvill take the consequences. The people may condemn the action of the majority upon this floor. They may strike us down. But if they do, when I am on my back I want to have the consolation of lifting my eyes to Heaven and feeling that I have done my duty to my God and to my country. For one, I am willing to take the responsibility of my vote, in spite of the sneers and taunts of the gentlemana from Wap ello. 834 [34th Day Friday] LFebruary 27th III I COMMON SCHOOL SY,3STEM. EDWARDS-HALL-PARVIN. they have a penal code which makes it an offence for any man to be found engaged in educatting that unfortunate race of beings. How inconsistent, to bind the shackles upon four millions of human beings, and use every effort, by the most rigid penal code, to prevent their receiving an education here in our own land, and at the same time to raise money to send over to Africa to pay for educating that branch of the salme human family over there! How inconsistent men are upon this subject. passed off smoothly, and in the practical opera tions of this, under the law, there would have been so difficulty, no obstacle in the way of meeting the wishes of all. Mr. HALL. I regret that this matter has found its way into this subject. I committed myself the very first days of the session that I would vote against any distinction upon this question. I asserted it over again to-day. I was willing to leave the question entirely open, and I hope the Convention will take that course. I do not see any objection to the amendment pre sented by the gentleman from Scott, except a verbal one; and if gentlemen are in favor of it, I have not the least objection in the world to their having it. I have, no doubt, different views from some gentlemen upon the question; it would be strange if I had not; but I believe this: if the negroes and Indians are permitted to live and settte in Iowa, the first thing I want to have done is to take them and educate them. I would force education upon them; because they are not fit to be here without some educa tion. I would be the tyrant over them in that respect; but, at the-same time, I would never listen to a proposition to insert in our Constitu tion anything by which that class of people could force themselves into schools designed ex clusively for the education of white people. That is as far as I would go. I would not fix it and make it a matter of arbitrary right uponii the part of that class to have a position in the schools where the white children are educated, but I would see to it that they are educated. I would do so much justice to them. and so much justice to the whites. However desirable it is to have them educated separately, I am unwill ing to vote for the gentleman's amendment. There is a word or two i n the m ain proposi tion to amend which I should wish to change. I would make two sen te nces i n the place of one; for it i s now, I thi n k, a r at her mixed up affair. I wou ld st rike ouit "by whic h," and commence a new sentence there. And it would suit me bet ter to strike ou t "common," be fore "schools." s o as to read, "a system of schools." It amounts to precisely the same thing. As to tha, amend ment immediately before us, nobody objects to these negroes living in our St at e; indeed it is understood t hat i t is t o b e permitted. If so, they should have the benefits of education and learning. The gentleman from Jefferson, [Mr. Wilson,] speaks mo st tr uly when he s ays that it is infinitely better for the whites in this State that every human being within our borders should receive an education; and I am satisfied that there is no hostility in th at course. Mr. PARVIN. It is well known that, under our present Constitution, a law has been enacted by which the blacks and mulattoes have been excluded from our schools. Not one of them is allowed to enter the school room for any purpose whatever. At the commencement of this session I introduced a resolution requesting the committee on education and school lands to inLquire into the expediency of making a provision The gentlemen over the way are more sensi tive in regard to the regro than any men I have ever seen in my life; a great deal more so than the slav eholders themselves. They mak e a great ado aibout this matter, as if the three hundred negroes and mulatto es in the State of Iowa were to tak e possession of the State and demolish it at once. A few ye ar s ago our country was en gaged in a deadly conflict with England. You r ecollec t that at the battle of New Orleans, General Jackson issued his proclamation and raised a regiment of' negroes to aid us in repelling the British. And what did he say in that proc lpmation? Did he call upon the colore d men to fight for the liberty which our country so boun tifully affords to all beneath its flag? He told them that with the exception of the chief regi mental officers, they should have the privilege of electing all their officers; and that their color should be no prejudice against them, if they would act as valiant soldiers. This is all filed in the archives of the government. Who was it that fired the first gun at Bunker Hill? A colored man. 3Ien in the slave States, who own slaves, do not turn up their noses with the contemiptuous snarl of the gentlemen over the way. The gentlemen have forgotten that in Virginia the P. F. V.'s have their blood coursing in the veins of the African race. Last fall, William C. Preston, a gentleman with whom I was a classmate in college, made a speech over in Chicago, in which he poured out his anathemas very much as the gentleman from Wapello has done, against this race as so inferior to the white man, that it was necessary they should be kept in bondage. The next day a man with the intellect and powers of a man, replied to him, and saw Mr. Preston standing in the crowd. In regard to that point in the argument, he said to him, "Sir, if your argument is true, that we are to be kept in bondage because we are an inferior race, let me tell you that there are colored men standing in this audience who have the blood of the Prestons and the Brevckenridges coursing in their veins; and if you defend the system of enslaving them, you uphold the atrocious system of enslaving your own country people. The principle which the gentleman advocates, and the efforts he makes, instead of elevating the character of man, tend to degrade humanity lower and lower." But it appears to me that we are taking unnecessary trouble in relation to this matter. If the gentlemen from Mills and Wapello had not smelt a negro here, I think'this might have, 34th Day.] 835 Friday] [February'-'7th COMMON SCHOOL SYSTEM. PAR'VIN. [February 27th for the education of the blacks and mulattoes. to it in some remarks I made a few days ago. You will recollect that upon the very first intro- If there were but two classes, the African and duction of that resolution, merely inquiring into the Anglo Saxon, they could be easily distinthe expediency of the thing, the resolution was guished. But we have all colors from white to attacked by gentlemen upon this floor, who took black. When will you make the distinction. the ground that they would have no distinction Will you drive the young man who has but one between white and black, but that my resolu- tenth African blood, and the other nine-tenths tion contemplated legislating especially for the Anglo-Saxon, away from your schools, and put blacks. The gentleman frotnom Wapello, [Mr. Gil- them with the wholly black, the pure African? laspvy,] stands upon the record as voting against You do him injustice. And if you attempt to that resolution, upon the assertion that he would draw the line so as to make him an exception, make no distinction. where will you make the distinction? Take a child who is half blood, and he will have just as ou I ra if the gentleman's amendment does good a right in one school as in the other. It is not mn?.!~.~ dis>tinction. His amendment now...x .not His amendment now,,,just as much a wrong to him to place him with will c ct the record of his vote given upon the blacks, as it is to the white, to place him nt resolution at the commencement of the t th commceme nt of with them. He must not go and sit with the The gentleman from Des Moines [Mr. white children for fear of contamination. i,] took the ground then, with the gentleman So, here you do injustice, whichever way you from Wapello, and continues to stand by it. decide. I taught school many years before I And I ask those who voted with the gentleman came here. I was raised in a free State. I from Wapello upon that occasion to vote against have spent some years in a slave State since his amendment now and vote for the amend- that time. I feel proud to-day that I can stand ment of the gentleman from Scott, [Mir. Ells I] here anud osa y tha t I have tauht negroes-that which makes no distinction whatever. I votendt o s f n f. te I have taught them in a school with the whites! this forenoon for the amendmen I m proud to boast of it here genthat I took asle n T -or or * ~ q T.sS I ace proud to boast of it here that I took as man from Jones, [Mr. Marvin,] and I will say .'..' a ~~~much p~ains with them as I did with the white that that amendment showed that he has a soulp tand theat imndmen shte plat. Den a a be- children. I recollect that, in a school I taught and a heart in the right place. Deny a man because his skin is colored, the educatio n which one, they were admitted, and no person in the raises a man above a brute? D eny him the neighborhood, in that county, thought it was * f ing h s B e * N - nev wrong. The colored children were there; it was privilege of reading his Bible? No, sir; never. necessary to educate them; so they sent them I do not know what effect those remarks hadct t h ~~~~~~upon others, but to me they scho ol; and I, as the teacher, took as much 7ootesbtom th ey.ee,ih t pains with them as with the whites. I taught a p~oint. ~Nor do X intend by these remarks to t. Nor do I intend by these remarks to school after I came west. A young man, just censure the gentleman from W apello, or any - censure the gentleman from Wapello, or any about half blood, I should think, by the great other gentlemen taking the ground that they do name ot James Madison, came to me and want,. 1 q t...!name ot James Madison, came to me and wantnot want their children educated in schools open t ed to attend my school. I told him that I was to the blacks. I voted for that amendment of ng soo I old H ca Iw y fri'nd fro Jones, [5. Marvin-,.believing willing, so far as I was concerned. He came, I y friend from Jones, [r. Marvin,] believe, for two days. It then became apparent that under it, as under this provision, the legis- that the mass of the people in that neighborhood lature would merely be bound to make provision ee op for the edecati,n of all without distinction of were opposed to his being in the school. As I coorItwwould better be in this.was a stranger there, and not able to fight the color. I think the lawhtese. i.s whole neighborhood, I dismissed the young way: in districts where the whites are willing man told him that he could not come; and I that the colored children should be educated in had to tell him the reason. He went away crythe same schools, let them come in; but in cases g. If I were placed in that situation now, I ,', l~ng. If I Twere p~laced in that situation now, I where there is so much prejudice that they pre- should stand against te neighborhood. I would .... ~~~should stand against taie neighborhlood. I would fer that they shall be educated in a separate teac the boy, and let all the rest leave, if they ... ~~~~teach the boy, and let all the rest leave. if they place, let that be required; but b~y all means place, let that be required; but by all means chose. I did not stand in such a position that I give them that education which every human could do it then. I did not then care what they being has a right to. It is our duty to do this thought but I had not the means to stand denot only with regard to the rights of the blacks, pne h a nte an stad td to educate every pendent. When a gentleman stated to-day that but our duty, for ourselves, to educate every **# but our duty, fr ourselves, toehe had been whipped many times for treating man who is to remain in this State. If you will' I of our penitentiaries the blacks as he could find an opportunity, I examine the statistics of our penitentiaries e t honored the man for it. This prejudice goes throughout the country, you will find that there too far We ar e ertainy too sensitive upon are two classes of men generally who people this t A ae ai to en e n 1 w 1 | | ~~this subject. As I have said, this amendment those institutions, and those two classes are the sbe s ha sa th isamnm samein every civilized community. Theyr are only fixes one thing: that the legislature shall same in every civilized community. They are ntdiete rmtefe col.Te same inot drive them from the free schols. They theignorant and the intemperate; and generally not have the rights and a es of ther they g togeter. Dprive ny clssi u Shall have the rights and advantages of other communiy go t ther. Depriveceiviny clasn odure scholars. But the legislature may provide that community of the right of receiving an educa- te hl eeuae eaaey aen tion, and they will grow up amongst us fit sub- theytshall thate sumption I prejajects for our penitentiaries and our alms-houses. Educate them, by all means. dices, where they may not exist, I think is wrong. When I see those very gentlemen, who Another difficulty we may find, and I alluded opposed the resolution of mine, upon the very 836 [34th Dav. Friday,] COMMON SCHOOL SYSTEM. Friday] MARYIN-CLABKE, of J.-SOOTT-IIALL. [February 2~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ th~~ ground that they would make no distinction, and prior to demanding the same, a call of the coming forward now and taking the initiative convention shall be in order, but after a major in making a distinction, I say that they are now ity shall have demanded such motion, no call shall standing in a position contrary to that which be in order prior to the discssion of the main they occupied at the commencement of the ses- guest ion." sion, as will be seen by the record of that de- r. CLARKE, o Johnson. There are some T...,.,. B~~Ir. CLARKE, cl Johnson. There are some bate. I hope gentlemen will reconsider this members absnt whom I would like to have matter, and that all who voted against my reso- vote on this question. s.,.. s... ~~vote oa this question. lution with the intention of making no distinc tion, will now adhere to that determination and The amendment of Mr. Gillaspy was declared refuse to vote for the motion of the gentleman rejected. from Wapello, [Mr. Gillaspy], to put in the The question then recurred upon the fol word "1white." lowing substitute for section ten, offered by Mr. Mr. MARVIN' I believe there is a disposi- Ells: tion upon this floor to rather compromise the "The board of education shall provide for difficulties that seem to surround this article the education of the youths of the state, upon the subject of education, and to come to- through a systemtion of acommon schools, by whiche tate, getler and adopt the main features of it. I of- through a system of common schools,all be organized and kept in eawhich ....... ~~~a school shall be organized anld kept in each fered a proposition this morning which a*..' fered a proposition this morning which was district for at least three months in each year. voted down, and I submitted with a good grace Any district failg for two onsecutive years to to it. I cannot discover but what the propo- organize and keep a school shall be deprivedarsto sition of the gentleman from Scott, [Mr. Ells,] is of their portion of the school, shall befun deprived of the same nature; but whether it be so or not, I do not wish to discuss it, for [ do not believe Upon this question any practicalgood will result from any farther The yeas and nays were called, and ordered discussion on this subject. I therefore call for accordingly. the previous question. The question was then taken, by yeas and The previous question was seconded, and the nays, upon the substitute, and itwas agreed to, main question ordered to be put. yeas 22, nays 10, as follows: The question was upon the motion of Mr. Gil- Yeas.-The President, Messrs. Ayres, Bunk laspy to strike out the word "youths," and in- er, Clark, of Alamakee, Clarke ofHenry, Clarke, sert the words" white children," so that the of Johnson, Edwards, Ells, Gower, Gray, Hall, provision would read: Hollingsworth, MNlarvin, Parvin, Scott, Seely, "The board ofeducation shall provide for the Skiff, Todhunter, Traer, Warren, Wilson, Win education of all white children of the state, chester and Young. through a system of common schools, &c." Nays.-Messrs. Day, Emerson, Gibson, Gil Upon this question laspy, Palmer, Patterson, Peters, Price, Robin The yeas and nays were demanded, and order- son and Solomon. ed accordingly. When his name was called, The question being then taken, by yeas and Mr. SCOTT said: I will vote for this amendnays, the amendment to the amendment was not ment, as I concur in all of it, except the two agreed to, yeas 10, nays 22, as follows: years' restriction. But being satisfied that it Yeas.-I-Messrs. Day, Emerson, Gibson, Gillas- is the best we can do, I shall vote in favor py, Palmer, Patterson, Peters, Price, Robinson of it. and Solomon. flays.-The President, Messrs. Bunker, Clark,. School Chancellor. of Alamakee, Clarke, of Henry, Clarke of Johnsq, Edwards, Ells, Gower, Gray, Hall, Hollings- Mr. HALL. I move to strike out section nine, - rth, Marvin, Scott, Seely, Skiff, Todhunter, as I do not think it is important to have it. Ler, Warren, Wilson, Winchester and Young. The section reads as follows: e efore the vote was announced, I "Said Board may appoint a Chancellor, who - Mr. CLARKE, of Johnson, moved a call of shall have jurisdiction over all questions that ,'.e convention. may arise under the laws, rules and regulations (The PRESIDENT. Such a motion is not now of the Board, and from all decisions and judg........ ~~~ments of said Chancellor an appeal may be in order, according to the following standing ments of said Chancellor an appeal may be rule, number thirteen; taken to the Supreme Court." -'The previous question shall be put in this The question being taken on the motion to form-"shall the main question now be put." strike out, it was agreed to. It shall only be admitted when demanded by a majority of the members present, and its effect Rules and Regulations of the Board. shall be to put an end to all debate, and bringt the conventiontoadirectvote upon amendments Mr. HALL. I move to amend section eight reported by acommittee,ifany, then upon pending t by adding to it the following: amendments and then upon the main question, "Provided that all acts, rules and regulations 106 34th Day] 837 [February 22 th Friday] MARVIN-CLARKE, of J.-SCOTT-I-IALL. I'POWER OF THE GOVERNOR IN THE BOARD, &C. [34th Day. HALL -ELLS —GOWER-CLARKE, of J. of said;board, may be altered, amended or repealea by the general assembly." The section would then read as follows: " Said boaid shall have full power and authority to legislate aid make all needful rules and regulatiuis in relation to common schools and other institution.s of learning that are instituted to receive aid fromn the school or university fund of the state; Provided that all acts, rules and regulations of said board may be altered, amended, or repealed by the general assembly." The question being taken, the amendment was agreed to. This proposition has reference, not only to the location of the State University, but to keepin, g it a separate and single institution; to prevent the establishment of numerous branches, division of its fund, which has been attempted in aalmost every general assembly we have had in this State, and the success of which measure was only prevented, during the last session of our general assembly, by the exercise of the veto power. Itis my desire and object to take from the legislature the power to trifle with this institution and its funds, as they have heretofore been trifled with. Local combinations and local interests have been used for electioneering efforts in relation to this institution, and the mnuniTficent funds given by Congress have been in danger of division and loss. MIr. HALL. I offer the f o llowing as an additivoal section, to come in immediately after section eight: " The sessions of the board shall no' be held during the time that the general assembly are in session. The governor shall attend the sessions of the board; he may take part in their deliberations and discussions, but shall have Do vote; he may exercise a rveto upon all acts, rules and regulations passed by the board in the same manner as provided for acts of the generatl assembly." MtIr. ELLS. I would suggest to the gentleman from Des Moines to change the word "shall," to'-may," so that it would read, "the Governor may attend the sessions of the board, &c." Air. 1A ALL. I will accept the suggestion. .?Ir. GOVWER. I would ask ir the veto ofthe governor is to be a three-,burths or a two-thirds veto'' Mir. HALL. The same as in case of acts of the general assenmbly,-a two-thirds veto. The question being taken upon the amend ment, it was agreed to. I trust that gentlemen who profess to have the cause of education so much at heart, will look to the interests of this University, and seek to use the most efficient means to build up in this State an institution which will be an honor to the State, and which will acquire a, reputation abroad, which will increase from year to year as the State itself increases and prospers. I trust they will look at this question aside from all local feelings. I know that some members are opposed to the proposition I have offered, for fear it will make votes against the constitution. But to my mind there is no reason to apprehend any such result as that. I think that by adopting this provision no votes will be made against the constitution; and not only that, but the taking this subject away from the legislature will rather have the effect of bringing up votes to the sup port of the constitution. I would not urge this proposition, if I thought there was any seious intention in the public mind to locate this University at any other place than the one I have named; or even if I supposed that the members of this convention thought so. But I believe there is no such im pression in the minds of members of this con vention; no such intention in the minds of th, people of this State at large. It is true this in stitution is now located by law at this point and with that the people whom I represent upon this floor might be content. But itis my object to make this location permanent; to take out of the power of the legislature not only to change the location of the University, but to trifle with its fund, and to divert it to any other purpose except the founding and carrying on this Uni versity, as was the intention of those who made this grant. I ask gentlemen to look at the important bear ing this subject. has upon the whole cause of education in this State, and the necessity of our Mr. CLARKE, of Johnson. I offer the following as an additional section: I" The State University shall consist of a single institution, and be permanently located at Iowa City. Tiie present State Capitol, with such improvements and additions as may be provided for by law, shall be occupied by the state University, when not used by the State for other purposes." I desire to say a few words up on the subjec t of this proposition, though I am well aware that what [ may say will be subjected to the charge of being interested. It is a well and old settled idea in the public mind that when the seat of government shall be removed from this city, the building we now occupy:s to be used for the purposes of the State University. I think that, such being the case, this convention ought to have no hesitation in settling the question of its permanent location. It is a State institution, in which the whole State is interested. And I think this body will 8.8 a Friday) [February 27th Power of the Governor tn the Board. Location of State Univer-sity. LOCATION OF STATE UNIVERSITY. WINCIIESTER-TODIIUNTER-SKIFF. laying the foundation of this institution so deep tion of the Capitol by a constitutional provianl broad that it will ultiimately be an liotior sioun. atid orniament to the State. I entertain these It is generally understood, all over the State I view-s up-on this question, not becauste I happe ti think, that the University will be permitted to to represenrt the people of Iowa City and Johnt- remuain at Iowa City, and that the present Capsot co)ltity; not because this institution is now itol building wll be devoted to the use of the located ill my district; but because it is to the Utiiversity, while the seat of government is to intterest of this State that this convention should be fixed at Fort )es loines. Tlat, I believe, is settle tLis institution and its character, andmake the general understanding now I titik it such provision in the constitution as will pre- would lie a dangerous precedentforus to utdervent any future log-rolling efforts to divide and take to locate any of these institutio at this divutuer I 1 t thisfud divert this fund. time. I, therefore, hope this provision will not MIr. WIN'CHESTER. I do not rise for the be adopted. purpose of chbarting the gentleman from John- Mr. SKIFF. I offer the following as a subson [Mr. ClIrke,] with acting from interested stitute for thie proposition of the gentleman firom motives. I have no doubt his motives are all Johnson, [Nr. Clarke] pure. But I object to his proposition principal- " TTiX State University shall consist of a sinly fu)r the reason that it sets a bad precedent gle institut'on, and be permanently located at here. I made the nmotion on yesterday to strike one place, which place shall be on some part of this very proposition from the article on miscel- the five sections of land belonging to the State laneous subjects, because I did not think this of Iowa, in Jasper county, granted to the State convention should have anything to do with a by act of Conrress for a State Capitol. movement of this kind. I will state briefly my object in offering this If we proceed now to locate the State Univer- substitute. It is well known to every member sit, at Iowva City, members from different por- of this convention that this State owns five "ectioris of the State may get up here, and claim tions of land in one conpact body, in the souththat we have the right, and should locate all the ern part of Jasper county. And I can assure the charitable institutions of this State at some point convention that there is no better land in the or other, and then proceed to urge the claims of State of Iowa than that is. Upon this land the the particular localities in which they are in- State can loa.te this University, and lhave suffiterested. cient for a model farm to be connected with this I do not object to this proposition because I institution. They can sell land enough in the think it will make votes against the constitu- way of building lots to furnish the means to pay tion; I do not think such will be the case. But for a better building than this one can ever be, it other questions of this character are brought one better adapted to the wants of a University up here, which we have the same right to dis- than we can ever make this. The position, as pose of, and if they should be acted upon by regards the people of the State, is fully as centhis convention, I believe we would lose votes tral as is Iowa City. And if this capitol buildfor the constitution. I, therefore, hope this ing was not already built, nobody would think proposition will not be adopted. of locating the State University here. Mir. TODHUNTER. If the gentleman from The location which I advocate is away from Johnson [Mr. Clarke,] will so modify his proip- till the great public thoroughfares; I know of ositioll, ias to provide that the University shall no great thorotigltfare that is proposed to be be one entire and distinct institution, without run through this land. This I consider a gre,' t providirng thaft it shall be located at Iowa City, advantage, for no great institution of learning or at any other place in particular, I will sup- ought to be in an extensive business, or densely port it. But I aim oppo-ed to providing in the populated community. The State can have all constitution for the location of this University the advantage of building up there a communiat Iownt City. I am somewhat like my friend ty, such as perhaps could inot be built up in any front IlHartidin, ['lr. Winchester.] I am fearful other part of the State. Those men will be of this matter; it is purely a legislative question, most likely to settle about this University who a merely local question. And if we introduce are interested in matters of science and learnit into the constitution, we may endanger its ing. And the community thus built up will adoption. mo,t probably be one in favor of education and But a,t the same time it appears to me that kindred matters. there shouldi be some provision in the constitu- In saying this I do not wish to be understood tion spe'iying that this UnIivers'ty shall be an as in the least disparaging the people of Iowa entire atnl singlfe institution; that thelegislitture City. But they came here fronm different moshall not have the power to divide or divert tie tives ft'om those which would probably actuate fund from its p0roper uses. If the genflemin those who would congregate about this Univerfroma Johubson will so modify his proposition as sity, if it should be located adhere } have indito make it etotirace only those provisions I will cated. tiany of thetim came here because the support it cheerfully. But 1 ato oppoised to lo- State Capitol was located here. And without catiitg thaft, or any other institution by contti- sayinig anything against my fri,:nd from Jolhtnson, tutional provisions. I would oppose the loca- [-sir. Clarke,] it is but natural to suppose that 839 34th Day.] [February 27th Friday] LOCATION OF STATE UNIVERSITY. PARYIN-SKIFF-EDWARDS-CLARKE, of J.-GIBSON. those who are brought here by the inducements this State to examine the public lands in this held out by State offices, and things of that State, and select a suitable amount for the purkind, are not the best class of persons among pose of erecting suitable buildings for the capiwhom to locate the State University. They tal of Iowa. After a considerable time spent in were brought here from other motives than the discharge of their duties, they fixed upon because this was to be a centre of literary pur- this tract of land as the proper place for the suits. capital of this State, and by this time there I think if this proposition I have submitted would doubtless have been a thriving city there, or something lie it, should prevail in this con- but for an act of the next legislature annulling or something like it, thoudpeainthi con vention, the building in which we are now as- that selection, or rather the location of the capsembled could be used for some other purpose, itol upon the lands so selected. and a building for a State University could be The lands thus located are perhaps not surbuilt where I have indicated to accommodate all passed by any other lands in the State. They the various branches of this University, and are composed of beautiful, high, dry, rolling would be fully as convenient, and better adapted prairie lands, conveniently situated to timber, to the wants, of all parts of the State, as this stone and coal. And if these five sections of place. land should be appropriated by the State for Mir. PARVI-N. I would enquire of the gentle- the purpose of building up a State University, man from Jasper [MIr. Skiff.] if the place to they could not fail to produce funds sufficient to which he refers was formerly kpsown by the build up a fine institution there. It is near the name of M-onroe Ca.t1y?'geographical center of the State, and would, of ~r. SKIFF. ~ Yes,~ sir~ course, accommodate much better the great r. SKIFF. sir. body of the people of the State, than they would IMr. PARVIN. Could a common stage driver be accommodated if the University should be be able to find it without the assistance of a located at Iowa City. And, besides, the system surveyor? (Laughter.) of internal improvements in this State is such Mr. SKIFF. I think it is quite likely that he that that place could more conveniently be reachefrmalprinoftiSttthnti could. (Laughter.) I understand the gentle- reached from all portions of this State than this man is a surveyor, and if it was necessary, I place ever can be. Although I am not aware of think he could get the job of locating it. any great thoroughfare running immediately ir EDWARDS moved to lay the wle sub through that place, yet, at the same time, the Mr. EDWA. RDS moved to lay the whole sub- principal thoroughfares of the State run convejEct upon the table. niently enough to it for all practical purposes. Upon this-c Q~ CA K,oJosoaedfrte Besides, it is an entirely new place; and if anr. CLARKE, of Johnson, called for the yeas this institution is located there, it can be built and nays, and they were ordered accordingly. y ~~~~~~~up entirely with a view to educational purposes. The question being then t:ken, by yeas and It seems to me that an institution of this charnays, upon the motion to lay on the table, it acter ought not to be located in a commercial was not agreed to; yeas 14, nays 20, as fol- or manufacturing city, but should be located in lows: a quiet, rural place, where those influences felt Yeas-MIessrs. Clarke of HIenry, Edwards, in large cities would not be brought to bear upElls, Gower, Hall, Hollingsworth, Johnston, on the students. I have not a word to say Marvin, Patterson, Price, Seely, Traer, Win- against Iowa City. It is, doubtless, as good as chester and Young. other cities. But it is a well-known fact that NaysTe President, Messrs. Bunker, Clark cities situated like this and other cities, are pro ofAamak-te Pesdn, MessrsBukero ono, Clark Em of Alamakee, Clarke of Johnson, Day, Em- ductive of influence to which parents, as a genersoii, Gibson, Gillaspy, Gray, Harris, Palmer, eral thing, would not desire to have their chilParvin, Peters, Robinson, Scott, Skiff, Solomon, dren exposed. As I have before remarked, if Todliunter, Warren and Wilson. this institution were to be located at the poiit The question recurred upon the substitute designated by the gentleman from Jasper, [Mr. proposed by Mr. Skiff. Skiff,] these lands would be purchased by per sons with a view to building up and establish Mr. GIBSON. If this institution of the State ing an institution of learning there, and not for University is to be located at any place by a the purpose of building up a commercial or constitutional provision, I should decidedly favor manufacturing city. And certainly that would the proposition of the gentleman from Jasper, offer greater inducements to parents to send [Mr. Skiff 1 But I have some doubts whether their children there than if the institution were it would be proper for this convention to fix, differently located. permanently, the location of this institution. I The fund mhich would no doubt arise from do not know what is the feeling of this conven- he f h would b am lse tion upon that subject. The arguments in favor the sale of these lands would be amply sufficient, of sch acouse ae nueros an strng. in the course of a few years, if properly man aged, to build up a very fine institution-Dan in As to the locality named by the gentlemanstttothtwudefabetrtathscp As to the locality named by the gentleman from Jasper, [MIr. Skiff,] there is probably no better in the State. As all here are aware, commissioners were appointed by the legislature of [34th Day. 840 [February 27t]i Friday,] TAXES FOR SCHIOOLS, &(C. SKIFF-TODHUNTER-PALMER-HALL-SOLOMION-CLARK. [Febr'uary 27th of the University, which certainly was not the case with this building. Now, if the University is permanently located here, it must of necessity require a great deal of morey to change and alter this building in order to make it a convenient building for a State University. If it should be deemed advisable by this convention to fix the site of the State University at some particular place, I shall be in favcr of the point mentioned in this substitute. But I should like to see tested in some way or other, the question whether it is the desire of this convention to locate the University by a provision in this constitution. MNr. SKIFF. With the permission of the conTention, I would withdraw the substitute I have offered. No object ion being made, the substitute was witlhdraawn. tion. This provision limits the power of the General Assembly to the raising and distributing of the school fund, while the board of education is to have legislative power over the school system. Mr. HALL. It seems to me that this matter stands now precisely as the gentleman from Davis, [Mr. Palmer,] says he desires to have it. In s ome part s of the State it will b e n ecessary to raise a very heavy tax for the pur pos e of building school houses, wh ile, in other parts, but l ittl e tax will be needed, and no gener-al and uniform la w can be passed which will operate justly to ende ct the o bjec t designed. I thinkthis matter should l te left wit hout a lny provision in the Constitution; we should all o w it to be a cted upon by the Legislature as exigencies may requir e. We have not innovated upon the jurisdiction of the Legslature; it is le ft the sa me as before. I doubt the propriety of this amendment. Mr. SOLOMON. I moveto amend theamendment by adding to it the words "but the property of colored persons shall not be taxed for such purposes." The section will then read: "The General Assembly shall provide, by general laws, for the levying and collecting of all taxes for the support of schools, and for the building and renting of school houses; but the property of colored persons shall not be taxed for such purposes." The question recurred upon the additional section proposed by Mr. Clarke, of Johnson. MNr. TODHUNTER. I move to amend the section by striking out the words, "and be permanently located at Iowa City. The present State Capitol, with such improvements and additions as may be provided for by law, shall be occupied by the State University, when not used by the State for other purposes." The section will then read' The State Uni versity shall consist of a single institution." Upon this question 3Ir. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken by yeas and nays, upon the amendment to the amendment, it was agreed to; yeas 18, nays 14, as follows: Yeas-A-lessrs. Clark, of Alamakee, Day, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Patterson, Price, Robinson, Scott, Seely, Solomon, Todhunter, Wilson, Winchester, and Yourig. N,aiys-The President, Messrs. Bunker, Clarke of Henry, Clarke, of Johnson, Emerson, Gower, Gray, Hollin-sworth, Palmer, Parvin, Peters, Skiff, Traer, and Warren. The question recurred upon the amendment as amended, and being taken, it was agreed to. I want to say, in explanation of this amendment, that when I voted here for the exclusion of persons of color from our schools, I voted with the express understanding that it was my wish, and the wish of my constituents, not in any way to have anything to do with persons of color as citizens of this State. That proposition struck at what some persons on this floor considered privileges which should be extended to these colored persons. I offer this amendment to show that I do not wish, and would not for a moment permit-and I know that my constituents do not desire-that a single dollar of money shall go into the school fund that has been obtained by taxes upon this class of people. I do not wish to have any connection with them one way or the other. I would not allow their property to be taxed for governmental, or any other purpose at all. I wish this Constitution, in all its parts, to show that this State is a State for white men; that the privileges established here are for white men, and that we do not intend to have any of its support to come from black men. Mr. CLARK, of Alamakee. When this State is made a State of white men, I want it to show that it is a State also of white mrninds. I am tired of hearing this subject of the negro continually harped upon. If there are men in this Convention who" have become reduced so low that they have no capital but black capital, I think they are getting to be nearly bankrupt, and the sooner they invest their means in other matters, the better will it be for the business of the Con% eution. eer. PALotER. I oftfer the following a s a n additional section: "The General Assembly shall provide, by general laws, for the levying and collecting of all taxes, for the support of schools, and for the building and renting of school houses." The object of this provision is, to have a clear and distinct declaration of the extent of the jurisdiction or the General Assembly over the subject of schools, and to define more distinctly the extent of the julisdiction of the board of educa 34th Day.] 841 Friday] Taxes for Schools and Sch,ool Houses. STUDENTS IN COMMON SCHOOLS. PALMER-ItALL-SCOTT-IIARRIS-CLARK. we do say that we are proper judges of the age at which to form mnatrimoni.l alliances, and thetat, so far as in our power lies, we will deprive aill who may enter into the marriage covenant, before we consider them old enough, of all the benefits and privileges of this school fund, atnd deprive them of this boon so liberally bestowed upon the youths of our land. Any person under twenty-one years of age is still young, and in a condition when he should receive, or have the opportunity to receive, the benefits of our common schools. And f)r that very reason I say that weve ought to bestow this boon as liberally upon all, whether married or unmarried, as it was designed to be bestowed. We ought not to disfranchise any oie, and take away their rights in this respect entirely, because they have seen fit to get married. Gentlemen may smile as if I was personally interested in this matter. I am not now personally interested in the removal of this restriction. But I have seen the time when the precious boon of a common school was bestowed upon me with advantage, after I was married, and before I was of age. [Contined laughter.] That is so, gentlemen; and I would bestow this boon upon all, wherever they may be, notwithstanding, as gentlemen here may suppose, they may have been guilty of the indiscretion of marrying before they have attained their majority. I would bestow this privilege upon every individual until he was twenty-one years of age, married or not. That is his look-out, not ours. I thick I am right in this; and I believe if gentlemen will but take the proper view of this subject they will s e e that I am right. Married or unmarried? What is the di ffer - ence? They need the benefit of our school system; they need the advan tage to be derived from the expenditure of this fund so m uni ficently bestowed by Congress. And shall we den y i t to them when they need it? I hope every gentleman here wil! support my proposition to remove this restriction as something that is unnecessary and uncalled for, because it disfranchises a por tion of ouir community, who certainly ought not to be dish-i'nehised. * AT r 1 if{AGR1 S. I have:lo desire to debate this questeon. But having suggested this provision, I will say that I was led to ec so, from having known X case similar to what the gentleman from Clayton, [MIr. Sott,] has represented to have been his own In mnost cases persons have reached their majority before they are married. And yet I have seen quite serious difficulties arise in school districts in consequence of cases similar to that which the gentleman has stated to have been his own case, when the school conmissioners were not so well acquainted with the law as they oulght to have treen. Andl I think it necessary to havRe this provision here in order to cut off all difficulties of this kindl. M~r. CLARK, of Alamlrakee. I am in favor of striking oult thisi word'*unmarried." as otherwise we would be offring a reward for celibacy. [Laughter.] The question being then taken upon the amendment, it was also rejected. Mlr. PAL.IiER. I offer the following as an additional section: "Thle board of education shall have no power to levy or collect aiiy taxes for the support of schools, or the erection or renting of school htouses.' Mr. HIALL. I would suggest to the gentleman from Ditvis [MNlr. Palnmer,] to modify his aluendmetit by striking out the words',or collect any," so that the amieniidment shall read' The Board of Education shall have no power to levy taxes for the support of schools, or the erection or renting of s,chool houses." If they levy no taxes, there wvill be none for them to collect. .',Ir. PALMNER. I will accept the amendment. The question being then tak(.n ou the amendment as modified, it was agreed to. Air. SCOTT. I desire to offer an amendment to wh at wasthe sv nee se the seventeenth section in the original report. That section reads as follows: "The money subject to the support and maintainance of Common Schools shall be distributed to the districts i n proportion to the numbe r of unmarried youths, between the ages of five and twenty-one years." I move to strike out the word "unmarried," so that it will read, " in proportion to the number of youths between the ages of five and twentyv-onre years." I suppose it is hardly necessary for me to state my reasons for offering this amendment. Yet I will say a few words upon it. There are those in this State under the age of twenty-one years who are married, and yet need the benefit of these schools in regard to which we are acting, as much as those who are unmarried. There are many who are guilty of committing matrimony-if gentlemen choose to consider that act guilty-who ought to go to school. And I am not in favor of depriving them of the benefit of this school fund in the same way after they are married as they were able to do before. If nmy bachelor friends in this convention consider it an indiscretion to marry young, I hope they will not entail upon those who may be guilty of that indiscretion the penalty of being deprived of the opportunity of obtaining an education. Whether it be an indiscretion or not, I think that those who are guilty of it are the proper persons to judge, and inot memnbers of this convention, some ot whom know nothing experimentally about the matter. [hLalughter.] And yet by this section we do certaiiily say, that we widl punish these youths, provided they are guilty of forming matrimonial enga,gements contrat,y to our notions of rig t and propriety. In this section as it now stands 842 [34th Day. Friday] [February 27th The question being then taken upon the ameudinent to the aniendnient, it was rejected. S,'ziclen,.'s in Comn,,on Schools. I 34th Day.] POWERS OF THE BOARD OF EDUCATION. [February 27th ed by lot into two equal classes, and the seats of the first class shall be vacated after the expiration of two years, and one-half of the board shall be chosen every two years thereafter. Sec. 4. The first session of the board of education shall be held at the seat of government, after which, said board may fix the time and place of meeting. Sec. 5 The session of said board shall be limited to twenty days, and but one session shall be held in one year, except upon extraordinary occasions, when, upon the recommnendation of two-thirds of the board, the governor may order aspecial session; and each member of said board shall perfornm such duties in the district in which he is elected as superintendetit of schools, as may be required by law. Mfr. CLARKE, of Henry. There was an amendment adopted a few moments since, on motion of the gentleman from Davis, [Mr. Palmer,] in regard t o the power of the boar d of education to levy taxes for the support of schools, and the erect ing and crebpting of school houses. I think there is a great necessity of some amendment h ere in older to def ine in some way what shall b e the p owers of this board of e ducation. I am disposed. therefore, to offer a s ub stitute for a por tion ofthis report, in order to accomplisl that purp ose. Fr om the disposition of th is convention, as shown by the vo tes ta ken here, I am rather inclined to think my sub titute will not prevail. But I wish myself, and I kn ow there are others here who wish t he same, to sta nd right upon t he record in regard to this ques tion. I feel as though we were inaugurating in our State an entirely independent branch of government. I feel that in clothing this board of education with constitutional powers, we are inaugurating a department, of the government which, sooner or later, will come in conflict with our legislative department. I amn so certain of this that I do not wish to be considered for one moment as consenting to the incorporation of this article in our constitution as it now stands. I therefore offer the following as a substitute for the first nine sections of this article: 'Section 1. The General Assembly shall provide for the election or appointment of a Board of Education, who shall be the Trustees of the University, and shall have charge and control of education in the State. They shall have power to appoint a Secretary of the Board who shall be their executive agent, and perform such duties as may be imposed upon him by the Board of Education or the laws of the State. The powers and duties of such Board and Trustees, and their terms of office and compensation shall be prescribed by law." The sections proposed to be stricken out, are as follows: Section 1. The educational interests of the state, to include common schools and other educational institutions, shall be under the management and control of a Board of Education, which shall consist of one member from each judicial district. Sec. 2. No person shall be eligible as a member of said board who shall not have attained the age of twenty-five years, and been one year a resident of the state. Sec. 3. One member of said educational board s' all be chosen by the qualified electors of each district, and shall hold his office for the term of four years, and after the first election under this conlstitution, the board shall be divid Sec. 6. The board of education shall organizeby appointing from their body a presiding officer, and the appointi ent of a secretary and other necessary officers. They shall keep and publish a journal of their proceedclings, which shall be distributed in the same manner as the journals of the general assembly. Sec. 7. All rules and regulations made by said board, shall be publisbe I and distributed to the several counties, townships and such school districts as may be provided for by said board, and when so passed, published and distributed, they shall have the force and effect of law. Sec. 8. Said board shall have full power andi authority to legislate and m.ike all needful rules and regulations in relation to common schools and other institutions of learning that are instituted to receive aid from the school or university funds of the state; Provided, that all acts, rules and regulations may be altered, amended or repealed by the general assembly. Sec. 9. The sessions of the board shall not be held during the time that the general assembly are in session. The governor may attend the sessions of the board; he may take part in their deliberatiotns and discussions, but shall have no vote; he may exercise a veto upon all acts, rules and regulations passed by the board, in the same manner as pro,ded for acts of the general assembly. Mr. CLARKE, of Henry. I propose merely to introduce a different'ystem here, by which the board of education shall be made entirely a creature of, and subordinate to, the legislalature and clothed wlth such power, as shall be given it by the legislature. Gentlemen will at once see the difference between the two systems. In the first place, gentlemen must recollect that if we create by this constitution a board of education, as a department separate and distinct from the legislature, they will have powers co-extensive with those of the legislature. It is provided here, it is true, that the governor shall attend at the meetings of the board, that he shall have the veto power, and that the legislature may repeal the laws which may be passed by the board. But at the same time you must recollect that we have provided 843 Friday] CLARKE, of H. The question bein, taken upon striking out I the word 11 unmarried," it was agreed to. Pozvers of the Board of Education. POWERS OF THE BOARD OF EDUCA aTION. [34th Doay. [February fa?th that the board shall not sit while the legislature t is in session, and we have also provided tn the article upon the legislative department, that the legislature shall hold only biennial sessions. What kind of system are we going to have here? Are we not creating a board clothed with legis- lative powers? The governor may attend at their meetings, it is true, and they may go on and pass a code of laws, establish in one portion of the state an academy, a polytechnic school in another, and a normal school in another. Clothed with these powers they may go on for two years, and then the legislature may come to gther, and if the people have become dissatisfied with the action of tle board, they will have the t 'power of repealing their acts entirely. Gentle men who suppose that all this while things will go on smoothly, and that the two departments of government will not come into conflict with each other, are greatly mistaken. Every mem ber here who supports the provision for making this board separate and distinct from the legis lature, will regret that he ever did it. This whole thing in regard to the creation of this board, clothing them with powers and prescribing their duties, can and will be attended to by thelegislature. Gentlemen have complained here that the legislature has done nothing f,,r the cause of common schools. Bat by adopting the substitute I have offered here, you make it their duty, and you oblige them to act upon this matter. The legislature will be obliged to organize this board of education. Then they can say what duties they shall be required to perform, what powers they shall have; and the board of education then will be acting under laws which can at any session be altered or repealed, and they can go no further than the people of the state through their legislature say they shall go. Again, suppose the system which you have now prepared, in committee of the whole,-I must say with very little deliberation and very little discussion, although some may think there has been a good deal-is set ia operation in this State, and you find, after a while, that it does not operate as you intended it should. And suppose, too, that you find that the board are exercising powers which you never dreamed they would exercise. How are you going tgo remedy this state of things? You cannot do it unless by an amendment of the Constitution. Gentlemen may say that the legislature will repeal their acts. What kind of a system is this? Their acts will remain upon the statute book for two years, until another legislature comes into existence. If the legislature repeals any of the acts of the board, the moment the General Assembly becomes disorganized, the board of education may meet and re-enact those very laws, which will remain in force for the next two years. If the two bodies thus come in conflict with each other, this conflict will continue until the people can amend the Constitution. Why not make su ch a provision upon this subject as they have made in other States? It is ;he only safe way in which we can proceed. It will not answer for us to depart from the exam ple of oth er States in this respect, a nd cre ate a eparate and distinc t de partme nt of the govern ment. I believe the more gentlemen will reflect upon this matter the more they will see the pro priety of providing in the;Constitution merely por a board of education, and then leave it to the legislature to clothe them wit h their pow ers, and prescribe their duties. If gentlemen are afraid that the legislature will not carry out the provision we make upon this subject, I ask them to remember the arguments they used n regard to the establishment of banking sys tems by the legislature. I ask the gentlemen who were not afraid to trust the legislature with carrying out the provision in relation to banks, if they are afraid to leave to the legisla ture this question in regard to clothing the board of education with these powers'? Have we all the knowledge and wisdom there is upon this subject, and must we incorporate it here into the Constitution? Must we go on and elaborate this matter, and prescribe the duties of this board of education? I should not complain of these gentlemen, in this respect, if they were members of a legislative body. I should not complain of there going on and prescribing the powers and duties of this board of education, and clothing them with all these powers if they saw fit, if they were in a legislative body. But we are now clothing them with constitutional Dowers, and giving them powers co-equal with the legislature. I think, then, it would be better to leave entirely to the legislature to appoint this board, provide for its election, and, when it is constituted, then let the legislature say what they shall do, and how they shall do it; and then they will be held amenable to the people through the legislature, for their acts. I am not afraid to trust the members of the legislature, for they come directly from the people, and they represent the popular voice. Let me suggest t o me mbers one of the difficulties with which they will have to contend, under the system proposed here, of a board of education acting as a separate and distinct body. For instance, we will suppose that they go to work in pursuance of the plan of Horace Miane, and undertake to provide for a higher grade of common schools. There will come up the struggle which we have seen upon this floor. Look over the votes which we had in regard to the location of the university, and you will find that the members in the immediate vicinity of this place voted for its location at Iowa city, while those members who represented portions of the State far removed voted against its location here; many, no doubt, induced to do so from the consideration that, in case of its removal, they might have an opportunity to secure its location in their own section of country. I do not complain of this. It is natural that the people in different parts of the State should struggle to secure the location of this and simi 844 CLARKE, of H. Friday] VETO OF THE GOVERNOR, &U. Friday] HALL-CLARKE, of J.-TRAER-JOfl~ STON. [February 27th lar institutions in their midst. So it will be in regard to the establishment of the normal school academies and high schools. The board of education, when they come to act upon matters of this kind, will be appealed to in behalf of various proposed locations; and wherever they make a decision in favor of any particular locality-I do not care how advantageous it may be-great dissatisfaction will be expressed by thie unsuccessful applicants, which will result in ill feeling; and you will then find these parties applying to the next legislature for an act repealing the laws of which they complain. They will resort to every means to compass ther object, and by ingeniously contrived appeals to the people, they will try to induce them to elect legislators who are opposed to the proceedings of this board. I am confident in the opinion that you will bring these two departments, the board of education and the legislature, in direct conflict with each other, if you put them upon the same footing of independence and equality. Leave it to the legislature then to say how far this board shall go, and leave also to them the power of repealing their acts. It is also proposed by the gentlemen who are in favor of creating a separate and distinct board, that the Governor shall be a member of this board, without the right to vote. I have no doubt that the Governor would be a very important officer to make suggestions to the board, and that his attendance upon their sessions might be attended with some benefit. But I would have him go there like any other citizen. The more I reflect upon this matter the more I am opposed to incorporating a provision in the constitution creating this co-ordinate branch of the government to legislate upon educational matters. Let us have a board of education, but le t their duties be presc rib ed by the legislature. How often Ilave we had matters stave d o f f her e, by gentlemen coming here and say ing tha t they were not prepared to act? I ask you how many are now prepared to act, and prepared to speak the opinions of their constituents upon this matter? I tell you we are acting hastily, and takirr upon ours elv es a responsibility in this m atter which we are not a uthorized at present to take. Le t us m erely say that the l eg isla ture shall prescribe the powers and duties of this board of education. The people in the meantime will consider what powers they want conferred up on th at boa rd, and they will instruct thei r re presentatives accordingly, who will then clothe this board wi th such powers as they see fit. So far as I am concerned, I shall protest against creating this board with powers separate and independent from the legislature. Mr. HALL. I move the previonsquestion. I desire to have this matter disposed of. We have already had a great deal of time spent upon it. The previous question was seconded, and the main question was then ordered. The question was upon the substitute offered by Mir. Clarke of Henry. 107 Mr. CLARKE, o f Johnso n. I would like to amend the eighth section in relation to the veto power. As I understand it the Governor is now a member of the board for th e purpose of making suggestions. He is permitted to attend, and is virtually a member of that board, except he has not the right tho vote. And in addi tion tot a that this section gives him th e exercise of th e veto power. I desire to modify the character of that veto, so much so, that I would allow a majority of all the members to overcome it. Mr. TRAER. I would ask if it would not be in order to reconsider th te vote adopting the provision u pon this subject. The PRESIDENT. Such a motion would be iv, order. Mr. TRAER. I make that motion then. The PRESIDENT. The question now will be upon re-considering the vote by which the following section was adopted. " The sessions of the Board of Education shall not be held during the time the General Assembly are in session. The Governor may attend the sessions of the Board; he may take part in their deliberations and discussions, but shall have no vote; he may exercise the veto power upon all acts, rules and regulations passed by the Board, in the same manner as is provided for acts of the General Assembly." The question was then taken, and the convention, upon a division, refused to reconsider the vote, ayes 9, noes 11. Mr. JOHNSTON. I desire t o det ain the convention but a few minutes. Yesterday a resolution was introduced here, and referred to a sel ect c ommittee, in regard to th e p rop er investment of the school fun d of the s tate. The committee have hitherto had no opportunity of making their report. I have been intending to present it as a separate section to this article upon education, and as this is the proper place for it, I will now offer it. I now beg leave to submit the following report: "The select committee to whom was referred the resolution of inquiry in relation to the pro I 0'4th Day.] 845 Friday] I[IALL-CLARKE, of J.-TRAER-JOHN STON. [February 27th The question was then taken, by -cas and na,ys, and the substitute was not agreed to; yeas 7, nays 27, as follows: Yeas-The President, Alessrs. Bunker, Clark of Alamakee, Clarke of Henry, Gray, Wilson and Yoitn'. Nays-lessrs. Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, TodhuDter, Traer, Warren and Winchester. Veto of the covcr2zor. Di,spo.3ition of the School Furid. DISPOSITION OF THE SCHOOL FUND. frdy]JINTNPLMR Fbur 7t per investment of the perpetual school fiend of the state, beg leave to report the following additional section to the article on education and school lands: "Sec. -. The general assembly shall pro vide that after the year the perpetual school fund, loaned by the fund commissioners, superintendent of public instruction, or distributed in the several counties of the state, shall be gradually withdrawn and invested in United States stocks, the stocks of interestpaying states, or loaned to the state of Iowa. And the general assembly shall further provide, that all other moneys belonging to said perpetual school fund, or accruing in any manner to the same, shall be invested in like manner, as soon as practicable; and for all sums thus inv e sted or loaned, th e s t at e shall pay an annual interest of not less than six per cent., to be distributed as pro vided by la w, without charge to the school fund." Mr. JOHNSTON. It is necessary, pobably, that I should accompany this report with a statement, for the purpose of enabling members to understand its exact purport. It is well known to the members of the convention, that what is designated as the perpetual school fund in the const itution, consist s of the p roceed s of five hundred thousand acres of land granted to the state by the act of Congress of 1841, commonly called the distribution law. That fund has been placed in the hands of school fund commissioners, of the different counties of the state, who loan it out to individuals; a portion of the fund has been loaned by the superintendent of public instruction; and I believe a portion of it is now in the Treasury of the State. I do not know what the precise amount of this fund is, but it is variously estimated at from two to four millions of dollars. There is a large quantity of land yet undisposed of, and an interest of five per cent. on all sales of land made by the the United States within the limits of this state, accrues to this fnnd. It is proposed by the section now offered, that all loans made by the school fund commissioners, or by the superintendent of public instruction, or distributed through the state, shall after a certain year be gradually withdrawn for the purpose of having them invested either in state or United States stocks. It is also provided by the same section that all other moneys arising from the sale of those five hundred thousand acres of land granted by Congress, or from the sales of all other lands in the state, on which an interest of five per cent. accrues, shall be invested in like manner as soon as practicable. It is proposed that those moneys shall go into the funds of the state, so far as the state may find it necessary for its own purposes; but we could not enter into details upon this matter and therefore concluded it was better to leave it to the General Assembly. The general proposition we make is this; that this fund shall go into the hands of the state; that the state shall be held responsible for it, and pay an interest upon it of not less than six per cent. per annum. The sum of six per cent. was fixed for this reason that where a large:amounts of money is loaned, and the state becomes responsible for it, six per cent. is about equivalent to ten per cent. as loans are now made, scattered through different parts of the state. Ten per cent may at some day become a high rate of interest. If six p er cent. is fixe d here, it may become a regu lato r ofhare the rate of interest all over the State. There is a blan k left here for th e year, after which the general assembly shall provi de that these moneys shall be withdrawn from t he different counties of the state and invested in state or United States stocks. This money is loaned th ro ugh the whole state, and there are a great many persons who not only ha ve had these loans, but who depend upon a renewal o f them; and it was the refore t ho ught best t hat the general a sse mbly s ho uld name some period in the future when th i s wi th drawal should commence. It is not expected, however, that this money will be withdrawn, until it is due an d the proper notice given. Mr. PALMER. I do not know how much money is now due, but it se ems t o me that th is report m ake s provis ion for putting the state in debt further than wh at we ha ve heretofore contempla te d. I do not know w hat use it is expected tthestate will make of th is money, provided th ey do not see fit to invest it in United States stocks. At any rate, this report is providing for incurring a very large burden by the stat e by way of intere st, if the s tate should see fit to take this money. For instance, we would have to pay oe hundred and t wnt twenty thousand dollars yearly, as interest, at the rate of six per cent. on two million d olla rs, if that amount -should come in; and this one hundred and twenty thousand dollars would have to be paid by a direct tax upon the people, provided this money is not invested in United States st ocks or someth ing of tha t k ind. I ris e m erely t o suggest, w hethe r it wou ld no t create a delt upon us more th an we are desirous of carrying. Mr. JOHNSTON. This is a subject to which the attention of the convent io n w a s drawn at a very e arly day. I suppo se th at mos t of th e members have had this matter under consideration. The great object of the section proposed by the committee was this, to withdraw the school fund from the co ndition in whi ch it is at present placed. There is a large loss, as I understand from the report of the superintendent of public instruction, and from other sources, arising from the management of this school fund. I do not know the exact amount. There is a large los3 in the counties of Des Moines, Henry and Appanoose; and I suppose when the agents, who will be appointed by the Governor to carry out the views of the legislature, shall examine the accounts of the different school commissioners of this State, they will find 846 F34th Day. Friday,] JOHNSTON-PALMER. [February 97th y t r DISPOSITION OF THE SCHOOL FUND. Friday] TRAER-JOHNSTON-SKIFF. [February 27th Mr. JOHNSTON. We intend to provide for this difficulty when that article comes up for its third reading. The PRESIDENT. The chair would suggest that the article on state debts has already been ordered to its third reading. Mr. JOHNSTON. We can recommit the article for the purposes of amendment. Mr. TRAER. I am perfectly willing to withdraw the school fund, which I suppose must amount to some four million dollars, from its present condition, and place it it the hands of the State as trustee. But I would be unwilling to place any amount of money in the way the gentleman from Lee [Mr. Johnston] proposes, and give the Legislature the right to say how much of this money the State shall use. If it be necessary to increase the sum in the provision in the article on State Debts, limiting the State indebtedness to two hundred and fifty thousand dollars, I would vote to increase it to five hundred thousand dollars. I did vote for that sum when the subject was under discussion some little time since. I shall vote against the proposition offered by the gentleman from Lee, [Mr. Johnston,] unless there is some provision inserted in it which will restrict the State from taking more than a certain amount of this fund. Mr. SKIFF. I understand the objection of the gentleman from Benton [Mr. Traer] to this proposition to be, that the State is already restricted from incurring a debt of more than two hundred and fifty thousand dollars. That will, of course, operate as a barrier, and she cannot borrow more of this money then what she had borrowed before, to make up this two hundred and fifty thousand dollars, and the balance is to be invested in stocks. I am not in favor of the State incurring an indebtedness of more than two hundred and fifty thousand dol lars. In relation to the manner of disposing of the school funds, I believe that the members of the convention are pretty well agreed that it is best to withdraw them from the hands of the officers of the State, where they are at present placed. I, for one, had the management of the fund in the county in which I live, and I believe the fund id well secured. It is all loaned out there, but I know, from what I have seen, that the ex penses in conducting and managing the fund throughout the State are very great. I do not know that there is any law requiring the fund commissioners to make up any losses which may result to the fund. He may be mistaken in relation to the title of the real estate which is given for security, and there are a thousand other ways in which it may be lost, and which will easily suggest themselves to all gentlemen here. I am in favor of the plan proposed by the committee here, and I hope that as earlya pe riod as possible may be determined upon when this money shall all come into the hands of the a State; I would like to see all this fund placed in that very large losses have occurred in other portions of the State. The expenses of managing this fund are some fifteen or twenty thousanddollars a year. It becomes necessary, when we are inaugurating a new system of education, and when the whole State feels that something should be done to secure the efficiency of the school system, that something should also be done in regard to the school funds, and that we should take measures for placing them in some safe and permanent investment. I n regard to t he matter suggested b y the gentleman from Davis, [MIr. Palmer,] I would merely say that the state at present has many public bu ildings to erect, which will require a large amoun t of money to be el.'ended upon them. The state may use this money for any purpose she pleases, and she is responsible for it, so that there can be no loss arising in this respect. I know it is generally supposed that the distribution of this money through the whole state is a great benefit to the people, but it falls into the hands of a few people only. Some men borrow five hundred dollars for themselves, and then borrow five hundred dollars for their wives and another five hundred dollars for each of their children. I do not know any way in which this money could be so beneficially used as in placing it in the hands of the state, to be used for any purpose which the state might desire. We have great necessity for its use at present, as we have a great many public buildings to provide for, as I have already stated; and even if there were more money than the state desires, there is a provision made in this article to invest it in United States stocks, or the stocks of interest paying states. I know there are some gentlemen who desire to place a limitation upon this fund. I propose myself, when the article on state indebtedness shall come up on its third reading, to make some provision in regard to the formation of any debts on the part of the state, and to provide that the state shall be indebted only to the school fund. The article on state debts is still open for amendment, as I understand, and I intend to make a provision then for a limitation in this matter of the state incurring indebtedness, if the convention so desire. Mr. TRAER. I would inquire of the gentle man from Lee, [Mr. Johnston,] whether it is to be optional with the State to invest this money in stocks, or use it for their benefit? Mr. JOHNSTON. The intention of the com mittee is fully stated in the section, that this money may be borrowed by the state, or invest ed in state or United States stocks. Mr. TRAER. I suppose the amount to be invested in state stocks, would be regulated as a matter of course in the article upon " state debts." The state could not take over two hundred and fifty thousand dollars, unless this provision is intended to come in conflict with the provision which prohibits the state from incurring an indebtedness of over two hundred and fifty thousand dollars. 34th Day.j 847 II I DISTRIBUTION OF THE SCHOOL FUND. HARRIS-C LARKE, of H.-JOHIINSTON-CLARKE, of J., &c. [February 27th the hands of the State as early as the first day of January, 1860, to be disposed of according to law, either to be used by the State or invested in stocks. Mr. HARRIS. I contess that I am so little of a financier, and know so little about these stock matters, that are so much talked about, that I cannot speak so advisedly as I would like to do upon this subject. I am aware that this school fund may be, and that it has been, frittered away to some extent by the agents of the State, who have had its management. But may it not be wasted in making investments, as well as when managed by the agents of the State? We have already provided in the constitution that any losses accruing to this fund in consequence of negligence or corruption on the part of the agents of the State, shall become a debt upon the State to this fund. So far as losses to the fund are concerned, then, I think we have taken some steps already to guard against them. If it be necessary to take further steps in that direction, I am willing to place pains and pen alties over these agents, in order to make them do their duty and prevent waste. The fund can be just as well secured by Being controlled in that way as it can be tby the means provided by this special committee; a way, it strikes me, too, which will be quite as satisfactory and per haps as profitable to the people of the State. So far as the expenses of the present system are concerned, I agree with other gentlemen here, that they have been very great, but they have been incurred unnecessarily. The expense of employing agents, to collect and dispose of this school fund for safe keeping, has been altogether unnecessary. This money could all have been collected by the financial agents of the State, just as well as to have been frittered away by agents specially employed for this purpose. I have been in favor, for some time, of getting clear of these fund commissioners. I tried, four years ago, to effect this object, and to get this fund placed in the hands of the financial officers of the State, and of the counties; but the scheme did not meet with the app rova l of the legislature at that time. But the time is not far distant when it will meet with general approval. But gentlemen say that this fund can-be invested in safe stocks, and that securities which are taken by county agents sometimes prove worthless. May not this fund be invested in State stocks, which are just as worthless? I am doubtful of all these stocks, and I would rather trust the agents of the people, if you will only place the proper checks over them. Mir. CLARKE, of Henry. I would suggest to the chairman of the special committee upon this subject [Mr. Johnston,] that if he will accept the following amendment it may meet the objection just raised by the gentleman from Appanoose [Mr. Harris] " That on all such sumns as shall be invested or borrowed, the State shall pay an annual interest of - per cent., to be distributed as provided by law, without charge to the annual fund." Mr. JOIHNSTON. I have no objection to such an amendment. Mr. CLARKE of Johnson. I shall favor the prop( sition of the committee; and the controling reason which will induce me to favor it is this: The State is now borrowing money of eastern capitalists, and pay i ng annual intere st upon that mo ey. That interest is taken out of the State every year to the city of New York. There will be no necessity for doing this if the proposition of this committee be (adopted. The gentlemat, from Lee [MIr. Johnston,] has very properly remarked, that we have need of the school fund to use in our own State, as we have many public buildings to erect, and I should prefer that we borrow of ourselves, and keep the interest at home, rather than that this money should lie idle upon our hands, or that it should be distributed among the people in the way in which it is now distributed. As a matter of (conomy, if we must borrow money, and if we have a fund of this kind, it is better to borrow of ourselves. As a matter of safety, too, I am in fitvor of this course. The gentleman from Lee [Mr. Johnston,] has very properly remarked, that if the State takes this money, she is perfectly responsible for it. If it be placed in the liands of parties that will act justly and honestly by this fund, there can be no danger of loss. These are the reasons that induce me to favor the report of this special committee. Mr. SOLO.NION. I wish to say, although I f have the utmost confidence in the financial ability, as well as the integrity of purpos e, of the gentleman who offere d thies proposition, that I cannot fa vor it. It seems to me th at there is danger in it. My fears in this respect may be unfounded, but I entertain them, and I think with some show ot reason. In the first place, I think if this money is to be invested in United States or state stocks, the stocks so purchased, and which come into the possession and control of the state officers, may be farmed out by them to various banks which may be established throughout the state, and become a basis for banking. I may be mistaken in this, and if there be anything in the article on corporations to prevent it, that objection could be removed. In the next place I am opposed to the state having so large an amount of funds under its control, to be used in any way by these officers. I voted the other day for the lowest limit upon state indebtedness. I did so from the fact that I was opposed to the officers of the state having control of the money, for I did not believe they we e fit persons to have it. I wish to offer the following amendment to this proposition by way of addition: II Provided such stocks shall never be used as a basis for banking." Mr. TODHUNTER. This question with regard to the absorption of the school fund has been agitated since the early part of the session. 848 [34th Day Friday] II t I f I DISTRIBUTION OF THE SCHOOL FUND. TODIIUNTER-GILLASPY-JllHNSTON. [February 27th When we come to examine this question, look into its merits and see what there is in it, we find that there is at this time near four million dollars of this school fund. If we take this money from the different counties and place it in the state treasury, then the state as a matter of course becomes responsible to the districts, or the counties for the dividends or the interest accruing for this money. I shall not be willing to place this fund in the state treasury, unless the state will agree to pay ten per cent. interest upon it. That is the amount for whiich this money can be readily loaned in any county in the state, and be well secured by freehold security, for double the amount without reward to any buildings. I would be unwilling to withdraw this fund from the counties and place it in the state treasury, unless the state would become responsible to the school districts of the state for the sum of ten per cent to be paid annually. We do not need this four million dollors now for the building purposes to which the gentleman from Lee, [Mlr. Johnston] has referred. Is this money then to lie in the state treasury idle? cure it; and the only objection I hear raised to this disposition of the fund, that is w,-rthi any thing, is that it is wasted by the school commissioners, and that it takes from sixstee n to twenty thous nmd dollars to pay th ese ofpccs. as their pay will average two hundred dollars for every organized county in the state. Abolish then the office of school commissioner, and place this fund i n the hands of the county treasurer, and you will avoid all this waste and this expense. I shall be opposed to the state absorbing this money at once, or even in five or six years, because the state does not need it, and it will miake a debt of four hundred thousand dollars a year, which we will have to pay by a tax. Mr. GILLASPY. I may not be correct in the conclusions I arrive at, or in the construction which I put upon this report. If I understand it rightly, the State, when she has absorbed this entire school fund, will have a right to buy United States or State stocks. After she hall thus bought them, would she have a rightt to loan them? Mr. JOHNSON. No, sir. Mr. GILLASPY. Then the question is what will the State do with these stocks? If I were satisfied that these stocks would not go out of the vaults of the treasury, I might support the proposition, although I would be opposed to taking the money out of the hands of the people in the different counties, and placing it as a whole in Wall street, New York. Butthe gentleman proposes, inthe report he has submitted here, to loan it and invest it in state and United States stocks. Mlly friend from Appanoose, [Mlr. Harris] says he has some misgivings in regard to this matter. I do not consider ita very safe way myself of investing this money, and I should be opposed to it, for that reason, and also for the reason that we cannot get stocks which will pay ten per cent. But genlemen tell us, that this money is wasted under the present system. If that is so, do away with your school commissioners, and place this money in the hands of the county treasurer, and let him attend to these financial affairs, and then you will prevent this waste. Or if this fund is to be absorbed by the state, let'it go into the state treasury, where it can be used as the state wants it. This fund will be constantly increasing as long as there shall be an acre of land to be sold in the state. There are yet thousands of acres in the state to be sold and appropriated in this way. I think that evil would grow out of the proposition reported by this committee, unless there be some kind of provision adopted by which this fund should be graldually absorbed, and then only as the state wants to use it. I believe it should not be invested in stocks. The state of California has repudiated her debts by a decision of her Supreme Court. What has been the effect? Why it has effected the banks of the state of Illinois, and the same result may follow in other states. I think it is a dangerous plan to invest money in state stocks; the better plan in my opin;on would be, for this state to absorb this fund gradually, as she wants to use it. I am s atisfied th at a great dea l of mon ey is lost by the mismanagement of this fund. I b e lieve that the treasurers of the different counties ar e the prmp(r per sons to have the dist ributio n of this fund. I know in the county in which I reside, that a great many persons have been benefitted by borrowingfrom this fund. I think that the office of school commissioner, with the salar y a ttached to it, is an unnece ssa ry appendage to the school system. I believe the school fund ought to be diawn out of the hands of these school commissioners,'and placed in the hands of the county treasurers. I would be opposed to the State-if she should absorb this fund-buying United States or State stocks, because I do not believe that, where these stocks are made dependent upon the monetary affairs of this country, and upon the action of the several States of this Union, they would be a safe and profitable investment. Suppose a division of the Union should take place-aan event hardly supposable, it is trueand you have deposited in your vaults, as security for this school fund, the stocks of some of the southern States, and they should repudiate. Mississippi did once repudiate, and I understand from the gentleman from Warren [Mr. Todhuinter,] that California has repudiated. Mr. TODHUNTER. The Supreme Court of that State have decided that the State are not bound to pay its debts. Mr. GILLASPY. That is repudiation so far We undertake by this proposition to draw this money lfr om th e counties, where, it is now circulating to the great advantage of the people. The people of the various counties need the benefit of it, and are amply able to se I 849 34th Day] Friday] DISTRIBUTION OF THE DEBATES. Saturday] GOWER-WILSON-JOHIINSTON-HARRIS-WINCIIESTER. [February 2 St h as it goes. We have no guarantee that any State in the Union will not repudiate. Suppose that some of the States whose stocks we should hold should repudiate, and refuse to pay; we are then involved at once in a loss of the amount of the entire fund. I am in favor of drawing the money out of the hands of the school commnlissioners, and placing it in the hands of the county treasurers, who are better qualified to know what the proper securities are, than any other men in the county, on account of the facilities which the records in their offices will give them for determining this matter. Because this school fund has been managed in a loose manner, it does not follow that the General Assembly cannot pass a law by which the fund can be secured. I believe that the county treasurers are the proper officers to hold and distribute this fund, for they are the most competent to obtain the best kind of securities. It matters not to me, whether a man borrows five hundred dollars in the name of himself, or his wife and children,provided he gives the proper security. If the security be ample, that is sufficient. I shall vote against the report. I am opposed to the stock system entirely, and I hope it will not prevail. Mr. GOWER. I cannot subscribe to the sentiment~ of the gentleman from Wapello, [Mr. Gillaspy.] The report presented by the gentleman from Lee, [Mr. Johnston,] as well as the amendment of the gentleman from Henry, [Mr. Clarke,] meet my most hearty approval. The views embraced in these propositions were entertained by myself long before I took a seat in this body. A portion of my constituents are in favor of carrying out a policy such as is here recommended; and it was in accordance with their views that I embodied the same principles that are now under discussion, in a resolution which I offered here for the consideration of the committee on education and school lands, at the time that committee was formed. I embodied the same in an amendment which I offered here a day or two since, when this subject was under consideration. I am greatly pleased with the report now presented by the special committee, which was appointed to take this matter under consideration, and shall support it. Mr. WILSON. I desire further time to reflect upon this matter before voting upon it, and I presume that other gentlemen are similarly situated. I move, therefore, that the Convention now adjourn. .lfr JOHNSTON. Permit me to say a single word before the question is put, and I will then renew the motion to adjourn. I only desire to say that there appears to be a great deal of mis - apprehension upon this subject, and a great want of information. For years the appeal has come up from every part of the State to the legislature, to take some action in regard to the school fund, and it has been met by the same arguments that we have heard to-day. I hope that gentlemen will take time to think upon this sub Mr. WINCHESTER, on the part of the com- f mittee, submitted the followingd re p ort: " The select commi ttee, to whom was referred the subject of indexing and superintending the publication of the debates and the distribution of the same, beg leave to report the following resolutions: Resolved, That W. Blair Lord be employed to index and superintend the publication of the debates of this Convention, and that he be allowed the sum of one,hundred and twenty dollars for said services. Resolved, further, That five hundred more cop-/ ies of said debates be ordered from the publishers, in addition to the fifteen hundred copies. already ordered; and if the same shall exceed twe l ve hundred pages they shall be bound in two separate volumes. Resolved, further, That when the debates shall have been published, they shall be distributed as follows: eighty copies to the State Historical Society; two copies to each State and organized territory; five copies to each county in this State, one of which shall be kept in the county office; twenty copies to each member of this Convention; five copies to each member of the Senate; one copy to each member of the House of Representatives; three copies to each of the secretaries, reporters, sergeants-at-arms, and chaplain of the Convention; one copy to each State officer, supreme and district judge, and 850 [35th Day ject, and after they have said all they wish to say upon this subject, I wish to explain fully the objects which the committee had in offering this section. For the purpose of giving them that opportunity, I now move that the Convention adjourn. The question was taken, and the motion was agreed to. The Convention accordingly adjourned until to-morrow morning at 9 o'clock. SATURDAY, February 28, 1857. The Convention met at 9 o'clock, and was called to order by the President. Prayer by the chaplain. The journal of yesterday was read and approved. Mr. HARRIS. When the vote was taken yesterday upon the proposition of the gentleman from Wapello, [Mr. Gillaspy,] to restrict the use of the school fund to the white children of this State, I was absent. If there be no objection, I would like to have the privilege of recording my vote for it now. No objection being made, the clerk was authorized to record Mr. Harris' vote as in favor of the proposition. I Distributio7z of the Debateir. DISTRIBUTION OF THE DEBATES. Saturday] CLARKE, of J.-WINCHESTER. [February 28th not make a fair and equitable distribution. The argument against it was this, that some members of the conventionrepresented a much larger number of people than others did, and gentlemen referred to the Des Moines district as an example. That county has two delegates upon this floor, representing a population of a little over twenty thousand, while the population of my district is a little over nineteen thousand five hundred. I supposed it was the object of the convention in referring this subject to the committee to make a distribution of these reports in accordance with the population of the State. It was argued by the gentleman from Pottawattamie, [Mr. Price,] and by the gentleman from Mills, [Mr. Solomon,] that unless there were some such distribution as I have suggested, their districts would not get their fair proportion. I find upon looking at the census, that although the gentleman from Pottawattamie, [Mr. Price,] represents perhaps the largest district in the state in point of territory, yet it is in fact one of the smallest districts in point of population. If I understand this report, it does not equalize the distribution of these debates. It provides for giving copies to each county judge and district prosecuting attorney throughout the state, and reduces the number given to the members of the convention. It seems to me then that the object which we sought to accomplish by referring this subject to a special committee, has not been attained. There is no equal distribution provided for these reports by the committee. I cannot see the propriety of giving these reports to the county judges and prosecuting attorneys throughout the State. I know what the practice has been heretofore in relation to these matters. Whenever the county judges and prosecuting attorneys go out of office, they put all the books which have been voted to them by the legislature under their arms and take them home. I will venture to say that you cannot find ten places in the state where these books have been allowed to remain, after the expiration of office which these officers have held. If, as members of the convention, we have taken upon ourselves the responsibility of publishing these debates, let us take the responsibility of distributing them among the people. I do not see what advantage there will be in sending them to the county judges and prosecuting attorneys. They are not calculated to instruct them in the discharge of their duties. district prosecuting attorney. The remainder of the twenty thousand copies shall be placed in the possession of the State to be disposed of as may be designated by law." Mr. CLARKE, of Johnson. I move to lay the report upon the table for the present. I would like time to examine it somewhat. The question was taken, and the motion was not agreed to, upon a division; ayes 10, noes 15. Mr. WINCHESTER. In view of the fact that our session is drawing to a close, I think it will be well lo dispose of these matters as they come up. I hope the report will meet with the approbation of the Convention, although I have no objections to any changes in it they may see fit to make. The report we have made here is unanimously concurred in by the committee, and I hope it will be disposed of now. Mr. CLARKE, of Johnson. The objection I have to this report is contained in the first section of the second resolution. The Convention will remember that the committee on this subject reported in favor of printing three thousand copies of these debates. That report was adopted, but it was subsequently reconsidered, and after a consultation with several gentlemen here, 1 proposed to fill the blank with two thousand; but unfortunately that proposition was voted down, and the motion to fill the blank with fifteen hundred was agreed to. We have now gone on and printed upwards of a hundred pages of this work, and the proposition now offered here is to increase the number of copies of debates from fifteen hundred to two thousand. N ow how is this to be done? Does the Convent i o n pr opose to pay for re-setting the type? Mr. WINCHESTER. I will explain how it is to be done. The printers have stated to diffe rent memb ers of the co nvention, that t hey are striking off five hundred additional copies, which the convention can have if they s e e fit. If we do not take them, they will make use of them for their own account and profit. Mr. CLARKE, of Jo hnson. Th at is one ofthe items of information which I d esired to obtain. I had been advised by the pr nters th at, believing t here would be a demand made for this work, th e y had printed more copies than were ord ered by the convention; but it was a question in my m ind, wh ether they were willing that the convention should have them at the prices we are now paying for this work. If the chairman of this committee, (Mr. Winchester,) is satisfied that they are willing to turn over to the s ta te the additional copies of this work which they have printed at their own expense, upon the same terms we have already agreed to pay for the rest, that will obviate one of my objections to this report. I have another objection, however, to this report, and it is this. We adopted a proposition the other day to distribute these debates, giving to each member twenty-five copies; but it was reconsidered upon the ground that it did My intention in voting for the reporting and publishing of these debates was to place them in the hands of the intelligent reading men of the State, and not to distribute them so much with regard to population or locality. I desired that they should be placed in the hands of the leading influential men of all parties in the -State, men who had libraries and who read works of this kind, and whc would use them for the purpose of disseminating information among the people. I do notthink that by sending them to the county officers this object would be at 35th Day.] 85 1 6 k tained. DISTRIBUTION OF THE DEBATES. WINCHIESTER-GILLASPY-YOUNG —IARVIN-TRAER, etc. [February 28th members of the House of Representatives and district officers. The PRESIDENT. The motion would be in order if there be no amendment proposed to the second resolution. Mr. YOU,X G. I move to strike out that part of the resolutions which provides for procuring five hundred additional copies. I think we have decided this matter once before, and as I made the motion to fill the blank then with five hundred additional copies, I will now move to strike it out. Mr. MARVIN. I hope the motion to strike out these five hundred copies will not prevail. They will be distributed all over the state, for the benefit of the people generally. Mr. TRAER. I desire to inquire if this motion be in order. I understood that where a question is once presented and voted upon, that it cannot again be presented. This question has already been voted upon. It does seem to me that the report of the commit ee does not obviate the (objections which were taken to the resolution upon this subject, as it passed the convention inll the first place. It reduces the number of copies given to members for the purpose of giving them to those by whom it is not likely they will be as well taken care of as if they were given to individual members. Mr. WINCHESTER. I think I have as great reason to complain in regard to this matter on the score of population, if there be any cause of complaint, as any other gentleman upon this floor. It is well known to the convention that I represent the largest population by about seven thousand of any member here. The principal objection which I heard to the resolution presented the other day upon this subject, when it was first offered was, that each member was provided with twenty-five copies of these debates, to be distributed in his entire district. I think every county in the State, if it is sparsely settled now, will be largely settled in a few years, and should be entitled to at least twentyfive copies of this work. If I, with twenty-five copies, undertake to distribute five copies to each county in my district, I should c)mne out minus twenty copies. I think if any gentleman has any reason to complain in regard to this mnatter, it is myself. MJr. GILLASPY. I have no particular objection to this report except in one respect. I am satisfied that there should be a certain number of copies sent to each county in this State. But I awn opposed to the appropriation of five copies of these reports to each Senator, and one to each member of the House of Representatives of the last general assembly. To my mind, the Senate, when they voted to themselves five copies of these debates, had no right to do so, and did it without the authority of law. They might with just as much propriety have provided by resolution, that they should be entitled to five copies of the debates of the constitutional convention of 1870, if a convention shall be called at that time to revise the constitution. I undertake to say here, that the members of the Senate have not the legal right to a single copy of the debates of this convention, nor have the members of the lower house. I believe it will be proper and right to leave the distribution of these debates-except in certain instances where you have made provision for supplying libraries, &c.-to the members themselves. I should supply, as a matter of course, the district judge of my district with a copy, and there are other men to whom I would rather give copies than to my senator. I am in favor of the resolutions noes introduced with one exception. I would not give to each member of the last Senate five copies and to each member of the House one copy. I do not believe it is necessary to furnish the district judges and the prosecuting attorneys with copies of this work. If it be in order, I move to strike out that portion of the resolution which refers to the distribution of these debates to senators, The PRESIDENT. The chair is of the o pinion that the motion is in order. tir. PALMER. I hope the propos it ion t o strike out the clause providing for distributing co pie s to the members of the general assembly, particularly to the lower house, will not prevail. It appears to me that the house were quite moderate when they proposed that they should have one copy each. So far as the senate is concerned, I am not particular about their having five copies each. I think it would be proper to allow the members of the general assembly one copy each. They are men who stand high i n the community in which they reside, andti if we are to distribute these debates at all, they are proper persons to receive them. I move to amend the resolution before the motion to strike out is put, by providing that the senators shall have one copy instead of five copies of these debates. The PRESIDENT. That motion would not now be in order, as there is a m otion pending to strike out that portion of the seco nd r esolution which provides fmr procuring five hundred additional copies. Mr. HARRIS. I do not think that we ne e d trouble ourselves about the members of the legislature in regard to this matter. Th e object we have in vi e w i s to distribute these debates over the st ate. As I unders ta nd the matter, there was some appropriation made of these books by the legislature, and I understand what they do is law, but I do not understand that what we do is law. The PRESIDENT. The chair is of the opinion that the action of the general assembly upon this matter was unconstitutional. Mr. GILLASPY. I would ask the gentleman from Appanoose [Mr. Harris] if he intends to excuse the action of the members of the general assembly in regard to this matter. I do not believe that there is a man upon this floor who would say that the senate are legally entitled to 852 [3 5th Day Saturday] I I DISTRIBUTION OF THE DEBATES, &C. TRAER-TODIIUNTER-C LARKE, of J.-GILLASPY. five copies of these debates, and the members of the house to one copy each. I undertake to say that they have no such right. Ar. TRAER. I propose that the general as sembly shall take care of themselves in this matter. If they want copies of these debates, they can order them themselves, if they see fit. I have been opposed to printing more than fif teen hundred copies, and I shall continue to be eo. I think that is a sufficient number for this convention to order. If we strike out the clause provid(ling for five hundred additional copies, I have no doubt that the publishers will find sale for them, and probably at better prices than the state would pay them. I do not think we have and control over the action of the last legisla tuore that appropriated these books. My idea with reference to this matter is this: if the le gislature wish to have these debates, and if there are not copies enough ordered by the con vention for us to distribute as we have madepro vision, and for the legislature too, they can or der an additional number of copies printed. I do not consider that we are bound to pay any attention to what they have done, in regard to these debates, and for that reason I shall vote against ordering an additional number. Mlr. TODHUNTER. So far as the action of the legislature is concerned, it seems to me that we need not concern ourselves about it in any way. All we have to do is to go on and make a distribution of these reports as we may think proper; and if there are any left in the hands of the Secretary of the State, then the legisla ture can appropriate them to suit themselves. If co pie s enoug h a re l eft to entitle the Se nator s to fiv e copies, and the members of the H ous e to one copy, then the y come in u nder their resolu tion and take them. I t hin k I shall vote for striking out the provision that relates to procu ring five hundred additional copies, and let the legislature take care of themselves. The action of the legislature is independent of this convention. I think that the course they took is doubtful policy, to say the least of it. They had no right to make this appropriation, and for that reason I do not think we should pay any attention to their action. Let us go on and make our distribution, and leave the remainder of the debates in the hands of the State, and then if the legislature are entitled to them, they can come i t. an d g et them. Mr. CLARKE, of Johnson. I am in favor of taking the fi ve hundred additional copies if I can have any assurance that the State will not have to pay for the composition the second time. The convention will remember that the number which we first ordered to be printed-three thousand-was afterward reduced to fifteen hundred, when a majority of the convention thought that we were morally and legally bound to live up to that contract. I understand that the prinlters have now taken upon themselves the responsibility of publishing five hundred additional copies, expecting that there would be a demand for them. Unless I can have some as~ 108 surance that we are to have these five hundred copies upon the same terms, and that we are not to be charged for double composition, I cannot vote for the resolution, and shall be compelled to vote for the motion to strike out that part of it which provides for obtacining five hundred additior nal copies. I would sugest t o the gentlemen who are in favor of this resolution, th at it would be better to lay it upo n th e table, until we can hear from the printers definitely upon this subject. It is true there may be a que stion whethe r, under this co ntract, they would have the right to print an additional number of copies. The contract provides that the work, during its progress, and after its completion, shall be the property of the State; but that is a legal question, which, perhaps, we cannot solve here, or, if we could solve it, it would not be binding upon the courts. We have no right to make a law or decide upon the character of the contract we have made. I would suggest to gentlemen that it would be better to lay the resolution upon the table, until we can ascertain from the publishers whether they are willing to let us have the five hundred additional copies without paying for double composition. I move, therefore, to lay these resolutions upon the table for the present. I will vote for procuring the five hundred additional copies if we can get th-em upon the same termns that we pay for the copies we have already ordered. The question was taken upon the motion to lay the resolution upon the table, and it was agreed to. Mr. CLARKE, of Johnson. I move that the special committee be instructed to correspond with the printers-.Iessrs. Luse, Lane & Co.,in relation to procuring these five hundred additional copies. The question was taken and the motion was agreed to. Mr. TODHUNTER. I move that both the majority and minority reports ofthe committee on education and school lands, be referred to a special committee of five, and that they be instructed to report on next Mlonday. Mr. GILLASPY. Before that motion is put I wish to offer a substitute for the subject matter under consideration, so that it may go with that report to the committee. It is substantially the article in the old constitution, though with some amendments. For the first section of the article on education in the old constitution, which pr ovides for the election of a superintendent of Public Instruction, I propose the following: "The General Assembly shall provide for the election by the people of a Board of Education, whose terms of office, compensation, powers, and duties, shall be prescribed by law." Then I retain the remaining sections of the article until I come to the fifth section, and then I I 35th Day.] 853 Saturday] [February 2Sth I Report-i oiz Educatio?a and Scltool Land,3. REPORTS ON EDUCATION AND SCIhOOL LANDS. [85th Day. Saturday,] GILLASPY-IIARtRIS-SKIFF-WILSON. [February 8th I move to strike out the words "with such branches;" so that the remainder of the article would read as follows: ' Sec. 2. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and aigricultur.al improvement. The proceeds of all lands that have been, or hereafter may be granted by the United States to this State, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of laud granted to the new States, under ann act of Congiess distributing the proceeds of the public lands among the several States of the Union, approved A. D., 1841, and all estates of deceased persons, who may have die(l without leaving a will or heir, and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State. "Sec. 3. The General Assembly shall pro,vide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every y:ar; and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect. "Sec. 4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the sutpport of common schools, or the establishment of libraries, as the General Assembly shall, from time to time, provide by law. " Sec. 5. T he G ene ral A s sembly shall take measures for the protection, impro vement, or other disposition of such la nds as have been or may h ereafter be reserve d or granted by the Unit ed States, or any person or persons, to this State, for the us e of a University; and the fund s accruin g from the rents or sale of such lands, or from any othe r sourc e, for the purpose aforesa id, shall be and remain a permanent fund, the i nt erest of which shall be applied to the support of said University, as the public conve - nhience may h ereafter demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be u o th e duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University." I make this motion for this reason: I believe the cause of education is one in regard to which, above all others, we should not be bound down by too Inany constitutional provisions, and es-. pecially in a growing state like this, where necessarily various changes will have to be made in the system, from time to time. The general Sassemblty should, therefore, in my opinion, have power over this matter. I hope that I may be allowed to offer what 1 have here presented as a substitute for the proposition now under consideration, and that it may be referred wi th the reports to th e committee. The PRESIDENT. The chai r t hinks there was an amendment pending to the amnendment on yesterday, and therefore the p roposition of' the gentleman fiom Wapello [Mlr. Gillasp)y] could not now be receive d, but the committe e could be instructed to consi der it. AtMr. HARRIS. I move to ame nd the motion made by the gentleman from Warren [inr. Todhunter], so t hat these report s be referred back to the standing committee upon this subject, instea d of be ing refer red to a special conmittee. The members of the standing committee have paid mor e a t te ntion t o this subject, and are better prepared to know what the fe elings of the convention are upon it than any other imiembers here; and, therefore, they can more readily make a report which will harmonize with) tbe feelings of' the convention, than can a select I committee. It will be a saving of time to refer these reports back to the standing committee, and we will accomplish all we desire to accomplish by so doing. Mr. GILLASPY. I hope myself that these reports may be referred to the standing committee upon this subject, for the reason that the gentleman from Des Moines [MNlr. Hall]who is not now in hisseat-has given this subjecta great deal of attention, and would be glad I to have these reports so referred. Let them go together, and let the committee make a compromise of some kind. Mlr. SKIFF. I hope these reports willnot, be referred now. There wits a new matter introduced yesterday into the discussion in relation to toe dispo ition of' the school fund, upon which there seems to be a great variety of opinions. It strikes me that we might just as well come to some decision Won this matter now, as to decide it after reference ofthese reports to a spe- i cial committee, or to the present standing com- | mittee upon this subject. I hope that the motion, to refer these re,ports will not be pressed until i we have had a further interchange of opinion upon this subject of the disposition of the school funds. I do not think that the committee on education and school lands are yet aware! whether the convention desire to have anew system, or continue the old one, so far as retaining the funds in the different counties of the state is concerned. I hope the convention will come to some conclusion upon this question before this wvhole matter is referred. Mir. WILSON. I hope the amendment of-' fered by the gentleman from Appanoose, [Mr. Harris] will not prevail, and that the motion of the gentleman front Warren. [Ml. Todhunter] will be adopted. I cannot see the necessity or I 854 35th Day] REPORTS ON EDUCATION AND SCHOOL LANDS. WINCHIESTER-CLARKE, of II.-EDWARDS-MARVIN. propriety in sending these reports back to the sidlered it fully; but still, after having done so, stantding commiitee on education and seho, 1 and having made the necessary amnendments, lands. We have already had an expression many members feel dissatisfied with it, and feel here of tle views of a majority ofthe convention as though they were taking a leap in the dark. upon these reports. I have no objection to I suppose the object of the gentleman from pla(ing the gentleman fromn Des Moines, [Mr. Warren, [MIr. Todliunter.,] in making his motion Hall] upon that select committee, but it seems to refer this matter to, a select cormmnittee is, to me, if v we refer these reports b)ack to the that they may take the reportasitis now amendstanding committee, we slhall probably get in ed, give it full consideration, examine it caresubstance what we have already had. I think fully, an,i prepare a report for submission to this it would be better to have a select committee, body, which shil reconcile the differences that composed of members who entertain different now exist between the friends of the systems views upon this matter, and they may be able to that have been advocated here. To send this present a report upon which the members of the subject back to the same committee that made convention can harmonize. I am satisfied that these reports, would bring back upon us sepathe report we have been considering, so far as rate reports again. If they have been divided it has passed, cinnot be ordered to a t ird read- once,lthey will in all probability continue to be in,. I am satisfied, too, that the proposition divided offered by the gentlemarl from Lee, [MIr. John offeredn by tcanot he e f om L, [. J - If the members of this committee should restun,]] cannot pass the convention, and I pre- quest that it might be re-committed to them, or sume that that gentleman is not at all disposed if the c hairman of the committee were to get to press that matter at present, and would cer- an o the committe to tainrly have no objection to his proposition be- re-comitted to ilg referred to a special committee. I hope th at committee, and assure us that there was a thapet of their uniting unanimously in prethie motion to refer these reports to a special prospect of their uniting unaniously in precom.-nittee will be agreed to. senting a report to us, I would then go for the Ir~~~ ~ ~re-comnmitment. Otherwise, if this matter go to MAr. WIN\CHESTEPR. I hope this matter will that conmmittee, it should go with instructions. not be re,erred( at all. I have inflexibly voted Aside from that, if we are to send this matter to against the reference of any subject to a select a committee at all, I should suppose we had betcommittee, after it has been acted upon, and re- ter select an independent committee from other ported by a standing committee. It has been nimembers of the Convention, who have not parurged by gentlemen here that a reference of this ticipated in this matter at all. matter would save time. The reasoning to my Mr. EDWARDS. As a member of the standmind is perfectl,y fallacious, for I have observed ing committee on education and school lands, I that on every occasion when we have had re- have taken no part in the discussion at all, and ports from select comt,, ittees, a great deal of i have not been fully committed to either the timnie has been occupied in discussions, and I majority or the minority report. I was willing think probablya good deal more than would to wait until the matter was freely discussed, have been the case, had thereports been allowed and then aid and assist, if I could, to comproto take their usual course. mise this matter between the two gentlemen I have also noticed from the past action of who have presented these two reports, and distheconvention, that a propositions introduced pose of the matter as soon as possible. It aphere by a single member of the convention has pears to me that the suggestion of the gentleman just as much influence as the report of a com- from Appanoose, [Mr. Harris,] is worthy of mrittee. I do not think that the reports or opin- consideration. Upon the question which has ions of any committee have governed this con- been at issue between the ge'tleman from Scott, vention very much. I hope the motion to re- [MSlr. Ells,] and the gentleman from Des Moines, fer these reports will not be agreed to. Ifthey [Mr. Hall,] who is reported to be the author of should be referred, I would inquire what busi- the majority report, they have so far comproness is there to take up the time of the conven- mised that they believed the question was settion tc-day. We have already adopted a reso- tled. The only obnoxious provisions t!hat have lution to adjourn on Wednesday next, and I been introduced in the report have been introthinik the convention will find plenty to dco next duced by other gentlemen in the convention, :Monday, Tuesday and WVednesday, if this mat- and not by the friends of the two reports. It ter is disposedl of to-day. seems to me that the best plan to settle this dif Mr. CLARKE, of Henry. I presume there is ficulty would be to refer this matter back to the no wish on the part of any member here to do standing committee. I have no doubt that the anyth'ing, it connection with this matter, which friends of both the majority and minority re prts will go to work and mlke a proper cornwill infringe upon the province of the standing will go to work and make a proper cocommittee. We have all listened to the discus- promise, lopping of these obnoxious proviin sions that have taken place here upon this sub- which were made by gentlemen who were not ject, but very few of us have participated in members of the committee. I thiuk the ieferthem, for they have been mainly confined to the ence of this subject to tle standing committee nmembers composing the mijority and minority will greatly expedite our business. of the standing commi tee We lave now gone Mr. MARVtIN. Every member of the conventhrough with the majority report, atid have con- tion has discovered, probably, that the issues 855 Saturday] [February 28th REPORTS ON EDUCATION AND SCHOOL LANDS. [35th Day. Saturday] MARTIN-PATTERSON-TODIIUNTER-ELIl,S. [February 2 Sth presented here havo been mainly between the Mr. TODHUNTER. I cannot consent that members of the standing committee. They have this matter shtill be i-reerred( to the same corn probably discovered another thing, that during mittee again. It seems to me that the difficulty, the discussion ot this subject, a spirit of com- from which we wish to relieve ourselves, might promise has grown up between the contending be obviated now. This report has now udder portions of that committee, favorable to a cor- gone several changes. Sever'll important rect understanding of the questions involved. amendments have been made to it; several It strikes me that no committee can be raised clauses stricklen out, and others added. In all that would be better prepari-ed to make a system this I see no disposition on the par t of this corn acceptable to the convention than that commit- inittee to compromise Gentlemen are certainly tee which has considered this subject most. It very much mistaken when they say that two or would seem like opening a new subject to refer three days time will be spent in the discussion this matter to a select committee, and they and consideraition of the report which a special would in all probability bring in a proposition committee might make upon this subject. This here entirely new to us. special committee may make a report upon which And further, I would say, that those who had they will ee i a few mintee Iw e refer engaged in the discussion of this subject, and it back to the same committee, we w ll have a especially the members of the committee, have report something of the same ohPracter that we become a good deal attached to the principles now have. We have no assurance that this embodied in the reports, but not so much to the committee will agree, and that tihey will com details. A select commaittee might cange the promise upon any measure or point ihat is now aspect of this matter entirely. If members of at issue between the members of the convention. the convention suppose that we are going to This is one of the most important subjects give up the vital principles which are here re- which can entgage the attention of the conven ported, they are certainly mistaken. The feel- tion. If we make any changes in the school ing that has grown up in this convention in re- system, they should be for the better. I would lation to school matters, is not going to be sac- rather tall back upon the old system than adopt rificed, though a select commrittee be appointed. the system now before us. I am satisfied that I shall anticipate the consumption of two days the report in its present shape cannot pass the more time, if a select committee be appointed convention, but will be rejected finally. We upon this subject. If the convention shi,ll see might go on and spend two or three days more proper to refer this subject back to the standing upon this matter, anid then it would be voted committee, leaving me off that committee, 1i down, and especially with this last clause which shall have no serious objection; but I do most I has been added by the report of the select comseriously protest against referring this matter to mittee with regard to the absorption of the a select committee, whose report when made school fund. That must necessarily and unawill consume two or three days of our time, voidedly weigh down this report, so that it will which is now getting to be so precious. be rejected by the convention. 11 ~~~~~~be rejected by the convention. We have, to a certain extent, matured every The only method, it seems to me, now left to part of this article and deliberately considered reconcile the conflicting opinions of the conrvenit; but some th:ngs still remain in it which are tion upon this subject, is to refer it to a speci il objectionable to a portion of the convention. committee. Let them report, and if their report Let the article be referred back to the corn- should be objectionable, it can be amended or mittee then and they will no doubt, in a spirit rejected entirely and something else substituted of compromise, agree upon a report which will in its place. I think a reference of this subject fully harmonise the views of the convention. to a select commttee is the only way in which Mr. PATTERSON. I am opposed to recom- we can readily and satisfactorily dispose of this mitting this subject; but from what I have heard, matter. from two members of the committee [Messrs. Mr. ELLS. I hope this matter will be referEdwards and Marvin,] I am willing to yield my red to a select committee, leaving off every objections, provided the report be referred to member of the stanlding committee on education the same committee that reported it. I think and the school lands. I hope it will go to a our business will be more facilitated, if this committee of wise men, who will take the pains matter be referred to the standing committee, to examine this subject carefully, and report a than it would be by referring it to a select corn- system that will prove acceptable to the people mittee; for, as has been very properly remarked, of the State. I voted yesterday against my own a select committee comnposed of members of the proposition without explaining why I cast such convention other than those who were upon the a vote. I voted against it because I wished to regular committee, would present an entirely leave this matter open, and if we could so change new system, which would occupy several Oavys' and modify this report of the majority as to time of the convention to consider. A spirit of m}ake it acceptable to the people of the State, I compromise was evinced yesterday between the should prefer it to my own. I should have vofriends of the two reports, which will induce ted against the majority report, but the chairthem to compromise this matter, if it be recom- man, [Mr. Hall,] has madeso many concessions, mitted to them. I shall vote, therefore, against yielding almost every point I contended for in the motion to refer to a select committee. I the nminority report, that I did not feel like do 856 I f f 35 th Day.] REPORTS ON EDUCATION AND SCHOOL LANL S. ing so. But in so voting I did not intend to trict. I am opposed to constituting the board commit myself to this majority report any fur- in this wa-, for a board so constituted will not ther than it can be made acceptable to myself. represent the people of the state equally. Tihe I hope this nmatter will go to a select committee, eastern districts will all of them contain a much and that they may make a report which will larger population than the western districts prove acceptable to the convention. and as this is a representative form of govern MIr. HARRIS. I ask permission to withdraw ment, and as there are no reasons satisfactory the motion I made, to refer this report to the to my mind, why this board should not be constanidingi conmmittee. stituted according to popula-tion, and why the people of the st,ate should not be represented, I Th e question was t aken on granting leave tothis bad am opposed to the plan of having: this board withdraw the motion, and it was iiot agreed to. d raw tetoanioarepresented by judicial districts. Such a repre 3Ir. CLARKE, of Johnson. I have taken no sentation is not fair atid just, and, to my mind, special part il this discussion, and I do not feel the effect of it will be to excite opposition commlitted to either of the systems reported against the constitution. here. One thing is settled by this conivention, a boad ofAgain, the proposition lea'ves the number of and that is, that we will provide for a bo a r d of I edlucation, wvhich is to ha~e the m;,-n,iement,nd members of the board indefinite. The legislaeducation, which is to have the management and ture att some session for the purpose of aiccomeconitr31 of the school interests of this State. I ture at some session for the purpote of aom plishi, g some particular object, miy do as they must confess th'~t my objections to thle mqljority tpih,gsoeprllll fjc,myd ste must hconfess that my ojections to the mijority did this last winter, increase the number of jureport have been in some degree modified by report have been tht sme deen madied, by dicial districts. I woulli prefer to see thliis board the amendments that have been made to it, but onstituted according to population with poer yet it does not satisfy my mind. Msuy maing to population, with poer jection is o the detailso ntais nd Mnei n it. in the general assembly to increase the r.,ut'ber jection is'0 the details contained in it. o h ebr ftehada h ecsto of the members of the board, as the necessities I desire to have it put in somedifferent shape, of the state may require. I desire that the and for that purpose I am in favor of referring subject shall be referred to the standing conmthis subject to the standing committee on edu- mittee, and that they shall be instructed to concation anlt school lands. I am in favor of this sider this subject, so as to make the system course, first, because I thinkl it would be un- which they shall report as perfect as possible. courteous to the gentlemnan from Des MIoines, The question was taken upon the aendment [Mlr. Hall,] who is not now in his seat, to refer offered by sir. Clarke, of Johnson, an( it was it to any other committee. He has manifested red t, o dson, an. all tlhrough this discussion, very great interest agreed to, upon division, ayo rfe, noes 11 in the subject of education. It is evident from The motion to refer, as amended, was then the remarks he has made, that he has devoted a agreed to great deal of time to its consideration, and I am Mr. CLARKE, of Johnson. I now move my free to confess that in the discussion he has dis- instructions, which I suppose will be in order played a great deal of ability. He is not present Resolved, That the committee on education be now to express his views in reference to hibis instructed to consider the expediency of' i)rovidquestion of reference, and I am unwilling to be ing for the election or appointment of a board so uncouteoous as in his atbsence to refer this of education upon the basis of population, aind subject to another committee. We have a pre- fixing the number of said board, with power in cedent before us in the previous action of the the general assembly to provide for the increase convention. A few days algo the article on the of said board, as the necessities of the state judiciary, a,fter it was changed by the conven- may require." tion, was referred back to the committee to be quio put into proper shape. That committee felt The est on being th taken, the motio bound, by the votes of the conv entioti, to report was agol d toN such a system as wNould meet the approbation of On motion of Mr. PATTERSON, the body. I think the school committee, after The committee were instructed to report on the votes which have been given here, and the next londav morning. expression which has been had here upon this Mr. CLARKE, of Henry, moved that the comsubject, wlll have no difficulty in putting this mittee be instructed to considler the expediency report in such shape that it will finally pass the f incoiptirating the following provision in the co.iv'ention. article referLred to them I rise simply for the purpose of amending the' The general assemrbly shall provide by law ainetidmerit, I)y adding the following instruc- for the election of a board of education, one tior, vZ i To consider the expediency of p,ro- member of which shall be elected from each juviding for the election or appoiniitment of tilhe ditil district, and shall be e-oicio trustees of boaid of education, according to populattion, the State University. They shall have control an, fixingg the niiuberof members of saidboard, of the educatioiial interests of the state, and with power in the general assembly to provide shall have power 1o appoint a secretary of the for an increase of said board, as the necessities board, who shall be the executive officer, and of the state may require.' perform such duties as may be imposed upon The article now provides, that the board shall him by the said board or the l;aws of the state. consist of one member from each jude.ial dis- The other powers and duties of the said board 857 SattiLrday] IIARRIS-CLARRE, of J.-CLARKE, f 11. [February 2Sth I INCORPORATIONS. WILSON —WINCHIESTER-SOLOMON-CLARKE, of J., &c. [February 28Sth of trustees shall be such as shall be prescribed by law." wn The question being taken, the mot ion was agreed to, ayes 17, noes 2. IMr. CLARKE, of Johnson. I will suggest that if it should read as follows, it will remove the ambiguity: "Sec. 6. Subject to the provisions of the foregoing section, the General Asseml)ly imay also provide for the establishment of a State Bank with branches." The PRESIDENT. The Chair will suggest theqet it is to go to the standing committee on revision; and that it may be expedient, to secure a more extended criticlsm, that it should go to the standing committee on the judiciary. MIr. CLARKE. of Johnson. I should not wish to have these articles referred to the committee on the judiciary. It would put upon us more labor than we could well assume. I should prefer that the article should be referred to the committee on incorporations, with instructions so to amend that the ambiguity may be remo ed. Mr. WILSON. F'or the purpose of harmon izing the views of the committee, they having disagreed in their former report, I move that two members be added to the committee. The question being taken, the motion was agreed to. The PRESIDENT appointed Mr. Todhunter and Mlr. Gillaspy upon the committee. MNr. WINCHESTER offered the following resolution: "Resollved, That the committee on education be instructed to inquire into the expediency of providing for an officer in each county, whose duty it shall be to examine all teachers, and to give certificates of qu lification." The question being taken, the resolution was agreed to. Mr. SOLOMION subsequently offered the following resolution: " Resolved, That the committee on education be instructed to report in favor of a gradual collection of the school fund of this state, and loaning the same with interest for a series of years to the state of Iowa, for the purpose of the erection of public buildings, and for any other purpose." The question being taken, the motion was agreed to. heir. WILSON. There is probably no difference of opinion with regard to the construction which the convention intended this to bear. I presume th e chang e may be mad e by uanimous consent. The PRESIDENT. The subject is not before the convention. The committee on revision can take the responsibility of amending it, as it does not change the sense. Mr. CLARKE, of Johnson. Is it not too late? This was printed by the order of the committee on revision, and is their report. That brings it before the convention. Mr. WILSON. I would state to the gentleman from Johnson, that these amended reports are printed for the purpose of giving gentlemen an opportunity to suggest any further corrections that may be necessary. Mr. CLARKE, of Johnson. Very well. I will leave it to the committee. Sir. CLARKE, of Johnson. I desire to call the attention of the members of the convention to the article upon incorporations as it has been printed and laid upon our table since its passage; and particularly to section six, which reads as follows: "Sec. 6. Subject to the provisions of the foregoing section, the General Assembly may provide for the establishment of a State Bank with branches, in addition to banks provided for by general law." The question in my mind is as to the construction which this section will bear; whether it will not of necessity compel the legislature to provide for a system of free banking,before the State Bank with branches can be created. If that should be the construction, it would not he in accordance with what I understand to have been the intention of the convention. It was intended to leave it to the General Assembly to choose between these two systems of banking. I only rise for the purpose of calling attention to the ambiguity of the language, that it may be corrected. Mlr. WILSON'. It was the intention of the committee to leave it to the legislature, that they mig ht establish a free banking system, or a State Bank with branches, or both. I pre Mr. SKIFF moved that the convention resolve itself into committee of the whole to consider the right of suffrage. ,ir. EDWARDS. I will inquire if that carr i e s into to he committee of the whole everything upol-.i -l, su} ject, the report of the standing cIi I,mm i, w;th the rest? TIe I'RtESIDENT. No, sir; only the resolution of the select committee. Mr. EDWARDS. Then I move to refer to the committee of the whole everything upon that subject. Mr. SKIFF. I will acceft of that amendment. The question being taken, the motion was agreed to. [35th Day. 8 58 Saturday] sume that was the intention of the convention. I Incorporations. Committee of the'g,ole. I I RESIDENCE OF VOTERS. EDWARDS-CLARKE, of J.-IHARRIS-G1LLASPY-CLARK. [February 2 8th I understand that any person, before hlie can be a voter, must be a. citizen of the United States. There is another qualfication. He must be a bonafide and permanent settler in the State. Now when a man comes here who is a citizen of the United Stales, and who intends to make this his home, I do not understand why he is inot just as well qualified to vote after six months residence, as after he has resided here a year or two years. It should be borne in mind that in some portions of the State we have still as heavy an immigration from the old States a s existed in bhe older counties at the time when our present constitution was adopted. If this rule acted beneficially -,hen it was adopted :ome ten years ago, it would act beneficially upon us to-day. Those who come from the older States are, I think, a class of citizens who should not be deprived of voting for a whole year. I do not know what new objection there is to allowing a man who has boen in the State for six months, who was a resident of the United States before he came here, and who declares his intention of permanently remaining here, to vote. I hope the amendment will not prevail; for I think it will cut off from the privilege of voting a large and worthy class of men, who would otherwise be entitled to it. Mr. GILLASPY. I cannot see the propriety of making so many radical changes in the old constitution as are proposed here from day to day to be made. This one proposition, extending the time to a year, may affect a great portion of our citizens upon the sutject of the Presidential election, if upon no other. I think a man coming from any other State in this Union into Iowa, and living here for six months, or eight months, would be just as competent to vote upon the Presidential question, one of tie greatest questions connected with the right of suffrage, as if he had lived here a year or two years. We are a new State, filling up rapidly; I am not in favor of depriving a large portion of the people of the State of the righ' to vote at elec tions of President and Vice President of the United States. It is well understood in this country that the votes for the officers of the country are usually cast upon party grounds. Parties are arrayed against each other in this State, as in all the States of the Union, upon what they conceive to be great principles. A gentleman coming into this State, and living in the community for a period of six months, un derstanding beforehand the principles at issue, and the differences between the two great political parties of the country, is just as well pre pared to vote for men to carry out those princi plee which he adopts, as he would be if he were to remain twelve months before being allowed to vote. Without detaining the committee any further, I will merely say that I shall vote against the amendment of the gentleman from Johnson [Mr. Clarke,] for this simple reason. e SMr. CLARK, of Alamakee. I am opposed to the change proposed to be made. I believe it is bad policy, anti-dlemocratic, anti-republican, mittee of the whole, (MIr. Winchester in the chair,) and proceeded to consider the subject of the right of suffrage. MIr. EDWARDS moved that the committee take up first the report of the standing conmmittee. The question being taken, the motion was agreed to. MIr. EDWARDS. I will state, for the information of the committee, that this report does not contemplate any change in the present article upon the right of suffiage. It recommends the adoption of the second article of the old constitution; and gentlemen, by referring to that, may have the subject bef o re them. I ask that it be taken up by sections. Section one was read as follows: " Section 1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote twenty davs, shall be entitled to vote at all elections w h ich ar e now o r hereafter may be authorized by law." Mr. CLARKE, of Johnson. I move to strike out "h six m onths," and t o insert " one yhar," so as to require residence in the State for one year next preceding the election, before a man shall be entitled to vote. I think that one of the most important duties devolving upon this convention is the protection of the right of suffrage. However proper it may have been in the early history of this State to provide that a six months' residence in the State should give a citizen a right to vote, I think that with our present population, and the probable rapid increase of that population, we should increase the time during which parties should remain here before they can become entitled to exercise and enjoy the rights of citizens. I think the great interests of the people of the State require it, and I can see no feasible objection to it. I find upon an examination of the constitutions of the States, as given in the volume which is upon the table of every member, in seventeen States of the Union, one year's residence is required to constitute an elector. In four Statt s two years are required. In six States a residence of only six months is required. Among those which require a residence of one year, are nearly all of the western States-Indiana, Illinois, Ohio. I believe all require a year's residence. I do not propose to enter into a discussion of the question, but merely to state as my reasons for this motion, that it will do no harm, and will probably protect the best interests of the State. Mir. HARRIS. I differ with the gentleman, for I think it will do no good, and may do harm. I I 859 35th Day.] 7 Saturday] I The convention then resolved itself into com Resideizce of Voters. RESIDENCE OF VOTERS. and opposed to the principles of a liberal gov- who has been exercising the right of citizenship ernment, to disfranchise an American citizen in there, under its constitution and laws, so simiany case further than there is a valid necessity lar to our own, to perform the same duties here. for it. I canr see no necessity for saying that a The only serious objection to placing persons person who is a citizen of the United States, from other states upon an equality with older who is recognized to be such by the laws of the citizens, would occur in my mind in allowing United States, when he changes his ('omieil, them to be elected to office. It is understood when hle changes h s place of residence to the that we prcvidein many cases that they shall State of Iowa, shall be required to live in this not hold office in this state until they have State one year, di.sfranchised, and deprived of resided here for twelve months. That prothe rigihts of an American citizen, deprived of vision cuts offthat objection. The inducemient the elective franchise for twelve months, simply to office seekers to come here and stay just long because hlie has changed his place of residence enough to get elected, is cut off. I am decidedfrom one State to another. If the gentleman ly opposed to the amendment, for Ithink there who proposed this change, or any other gentle- is no necessity for it. man, will give a goo: reason f r it, I will vote Mr. CLARKE, of Johln.on. The argument of for it but without some good reason, I shall gentlemen upon the other side of this question, look upon the chlnge as an arbitrary exercise if it is worth anything, goes against any resof power, to which I shall always be opposed, triction whatever. This restriction does notimunless I can see a necessity for it. peach a man's intelligence, nor his integrity. It When erson comes from any other state is simply a question of state policy. If we have When a person comes from any other state no questions of public inlterest here which't is into Iowa, the only reason in my mind why there no questions of public iterest here which:t is necessary to protect, by requiring a man before should be any limitation upon his right of im mediate suffrge, is that we may lie shall be called upon to act upon them to be mediate surffrage, i3 that we may ascertain to1act < here sufficiently long to make himselfacquainted whether it is his purpose in coming here to be- with the wants and interests of the people, and *. as 1 ~~~~with the wants and interests of the people, and come a permanent resient or nlot. WVe oughLt come a permanent resident or rot. We oug the various questions of state policy, then there not to extend the elective f,-anchise to those who rwotd to e exren r the melce purose to vthn, is no use in the restriction at all. This restricwouldr comle here forall that was mere purpose or otg ,,,..' ~~tion may have been all that was required for and return again. The only object of a limita tio ist.epot esn h ar new state; but I think it is not a sufficient tion is to keep out persons who are not actual e restriction for a state containing our present popsettlers, who are not actually residents of the ation a tte nb o pe e o state. It', t pq,rson c o mes h. re with a ulation, and with the numbers of people coming stare. Ifta person comes here with a bona ?a in from other states which are now coming in. fide intention of making this his home, if ihe o ot a whe a come i I do not fancy, when a man comes here from resides here, there is no good reason why he the state of Virginia, or from the state of New ~~~~~~~the state of Virginia, or from the state of New should not be allowed to vote here. I appre- or or fom the state of Ohio, that he knows .... a.Yorlq or from the state of Ohio, that he knows hendl theft sixl months' residence wllJ De suffi-.. el tht six months' residence will be suf - all about the public interests of this state, and cietit to test as effectually the intention of parties t to emain as o f twelvemonths.Arithat he is As much prepared to vote in relation to remain, as a residenlce of twelve months. And to iema~,a~ arednc~of twlve month. Aridto these public interests as we who have staid if it will if the object can be as well accomplish- h ,.... ~~~~~here a sufficient lentgth of time to become aced by leaveing the restriction at six months as ere a sufficientleth of time to become - quainted with them. I do not presume, and it by increasing it to twelve monthis, I am oppose d to.t chae. I thinkix is Ion,enoug. would not be true if I did, that when a man to a chancre. I think six mnl)tths is3 longf enough. o a.e I tr s mnl * * comes here and becomes a citizen of this state, Our state is rapidly fllingf up, and chiefly by Our state i rapidly filling up, and chiefly by his first business is to sit down and ascertain immigration from the older states. Whnen thley immigration fiom the older states. When they the policy of the state, and wherein it should come here for the purpose of establishing aresi- be changed. That s about the last thig he be changed. That is about the last thing he deuce, and when they have attested that by a would do. hen they coe here, the first few ,., >.. e ~~~would do. When they comnehere, the first few residence of six months, I believe they have a onths are devod to pocing a home for '.. ~~~months are devo/,ed to procuring a home tbr right to vote. I think we should allow them to. *1 X T s sv * *s s q themselves and their families. This matter of exercise that right I believe it will be condu- elections, ad state policy, and the public inter elections, and sta~te policy, and the pubzlic intercive to bringing immigrants into this state from ests of the state, re the st things taken up. ~ 8. t.... ~~ests of the state, are the last thingfs t'aken up. other states and it will work no injustice to As I have already stated. there are seventeen ally man., am opposed theref,)re to thle. aiy man. am opposed therefore to the states of this Union who have had this restric change, and in favor of retaining six months. tion. Now I think we should have it as a matttr Mr. SOLOMON. I am also opposed to the of state equality. If one of our citizens moves change; and 1 found my reasons for this oppo- across the Mississippi to the state of Illinois, sition upon the fict that it proposes a radical they do not extend to him the privilage of voting change in the constitution under which we have upon questions c neerning the public interests lived for ten years, during which we have heard of the people, until he has resided there a year. no demand from the people for a change. I If he goes further south, if he travels across oppose the amendment also from other reasons. Mason and Dixon's line, and enters the state of Upon looking through the constitutions of the Virginia, he has to remain there two years beseveral states of this union, I find a very great fore he can be permitted to vote. So in Kensiniliarity between them, and from that exam- tucky, and so in nearly all the slave states, two ination I am led to c,:onelude that a longer time years residence is required. It is there aquesthan six months residence in our own state is tion of public policy. It is a question of state unnecessary to qualify a citizen of another state. equality. If we permit people coming here from 860 [35th Day. (February 2 Sth CLARK-SOLO.)ION-CLARKE, of J. Sa.turdayl RE3SIDENCE OF VOTERS. CLARKE, of J.-CLARK. other states the same privileges which our cit- In the first place, is it necessary for a man to izens enjoy, when they go to these states, it is live in the State a year, before his neighbors all they can ask. know whether he is a permanent resident or There is still another reason for the change. not? A man is known in the neighborhood A m'-lln should live here not only long enough I where he is obliged to vote, before he has been to know something about the public policy of I there six weeks; and the onlv question which the state, but in order to be known in the com- comes lp in most cases is whether he has been mnnitv ilo whiceh he resides, so thait w.hen he | there six months or not, not whether he is at resgoes to the ballot box to deposit his vote, he ident there or not. And if the time is changed altay be known; so that his rigfht to vote may to twelve months this difficulty is rather increasnot be questioned, or ifquestioned shall be read i ed than diminished, for then the question -will Iv substantiated. I regard this as important in come up whether he has been a resident twelve protecting the integrity of the ballot box, and months or not, especially when thea time of his theright of suff a:e, as they ought to be pro- residence varies but a few days or a week from tested. The experience of the last five years in that time. These questions will always arise, the state of Iowa shows that the right of suf whatever the time you shall fix. The objection frlage is not guoirded with that careful scrutiny is not obviated at all by lengthening the time. with which it should always be protected. Indeed, the longer the time which elapses after the man becomes a resident, the more likely These restrictions will not have the effect of will the question be to present itself, and the keeping people out of the state. Men when they difficult to prove upon what day he co more difficult to prove upon what day he comncome here expect such restrictions. They have menced his residence been accustomed to it at home. There is no man of intelligence who does not agree at once The next serious objection is this: that for the wilth the propriety of the restriction. If it is first six months a mal has other business to call proper, and if the history of legislation in this for his attention, and that he does inot become country shows it to be proper, why should we acquainted with the laws, the policy, or the innot imitate the conduct of a majority of the stitutions ofthe State until afterwards, but after states of the Union? Gentlemen have hereto- ever ythingl el.e has been disposed of, then he sits fore been willing to adopt whatever they halve d lown and turns his attention to this matter. found in the constitution ofother states. This This hlis not been my experience. It has been proposition has precedent to sustain it. It can- my experience, that as a general thing. when not be said to be new and untried, because we people move from an old to a new State, they have in support of it, a large mijority ofthe free sit down and look over the institutions of the states of this Union, while the southern states new State to which they propose to move, eximpose still greater and heavier restrictions. amine the policies of the different States, and This may look like a small matter, and it is the spirit that pervades the constitution and when applied to a mere county or school dis- laws, be,ore they decide to move at all. I know trict upon an ordinary election. But it is not I did it, and my neighbors did it, before they true that it is a small matter when applied to left the old States. Tha policy of a State has a the whole state. We have great state interests great and a controlling influence in determining which by this kind of voting, may be voted down such persons as to the State in which they will and destroyed. This is a question of consider- settle in going west. If the policy of a State is able conisequence; and I hope the convention found not to be liberal, it has a great influence willnot take it for granted that becausewe have in determining people from the east to seek had the restriction only six months heretofore, some other residence. I have no doubt that in it must necessarily remain so. I think as the nine cases out of ten these emigrants from other populaition of the state increases, and the in- States understand the policy of our State before terests of the people are magnified, this res- they come here, as well as after they have been triction ought to be increased; and such is here a year. the policy of every state in the Union. The gentleman says that most of the States MIr. CLARK, of Alamakee. If the gentleman's require a year's residence. But most of those theory is correct, the State of New York ought States are the old States, whose constitutions to require a man to spend six or eight years were framed long ago, when republicanism and there before he could be allowed to vote. If our democracy were in their infancy, when it was State with a population of six or seven hundred believed that there were a great many imen who thousand inhabitants, requires a residence of a were not capable of self-government, so that it year, the great State of New York, with its six was necessary to put all these restrictions and millions of inhabitants, should require a resi- checks around it. This disfranchisemen of the dence of five, six, eight or ten years, because the new residents will be found to be curtailed in man could become sufficiently acquainted with the new States, which have more recently come such extended wants and diversified interests. I into existence, many of which have reduced it do not believe that it depends at all upon the to six months. Another argument, I was a little number of votes or inhabitants of the State I astonished that the gentleman should bring up have paid some little attention to the reasons here. While the nothern States have so genermy friend has offered for the enlargement of the ally adopted one year, he says that south of time, and I can see no solid foundation to them. Mason and Dixon's line, we find the time in 109 35t]l Day.] 861 [February 28th Saturday] RPESIDENCE OF YOTERS. CLARtKE, of J.-IIAIRIS —CLARKE, of II. creased to two years. Is the gentleman it:i favor We see it in every election. We see it in the of that? Let us inquiire, where are the most public papers all over thle country. I saw it iiberal principles aivocated and carried out, in stated in the Louisville Journal that all tle hands those States which have the restriction of twelve upon the public works in thait State had been months, those which have made it twenty-fiur passed over into Indiana, where their votes were niolths, or those which have reduced it to six required. Atid a month before the election we months? And if you carry oiut the doctrines saw it heralded that the Ellpire Club had gone towards which this change tends, where will it over from New York City and colonized around lead you? I believe that six months is all the Philadelphia. We saw it proclaimed in differ time that is necessary to disfranchise American ent parts of Illinois that this floating pop)ulation citizens and deprive them of the right of suf- was coming in and becoming colonized; and I frage, merely in consequence of their having can point to the very localities and the changes ceased to live in another State and come into mnade in the votes before and after the election, this. I think thiere is no necessity for twelve by men voting und r the laws of the States months, ino valid reason for it, aud that it is where they bodc no right to vote. These are wrongi in principle. I shall, therefore, vote evils, we must all agree, without aniy distinction against it. of party. The question being taken, the amendment The gentlemn rom Appanoose, Iarri,] was rejected. ~~~~~The gentleman trom Appanoose, [AMr. Harris,] ~~~~was rejected. ~asked nme with,n air of ttiumphli, if I did not MNr. CLKRKE, of Johnson, mioived to amend believe in what was called the Know Notliiig by striking out "twenty," and inserting "six party. I told the gentleman that I did belong months," so that the section should require a to the Know Nothingrs, and thalt I amn still j,ist resid(lence in the county for six months before as much of a Know Nothin, in that respect, as the party should be entitled to vote. ever 1 was. I still cling to the Amnerican )iin Mlr. HARRIS. That is worse than the other. ciples, as I understand them but not as they Mir. CLARKE, of Johnson. I make this prop- were carried out, after thee had been re-mould osition in good faith, and because I think that d to suit southern nastels at Cincinnati and the public interests of the State require it. I Philadelphia Then I left them, std have nevwill call the attention of the Convention to the er had anything to do with them since. The fact, that, for the last five years, it has been a real American rirciples are simply these that common thing for electons in this State to be there are great evils which this colu,triy has to carried by a system of pipe-layinrg. Grav, suffer, not so much from' its foi g vote, not charges have been brought against both parties, becaue foreigners were allowed to participate that, upon the eve of an election, they would in the blessinis of the government, not because send nmen into the different counties and keep they are permitted to hold office, but because it them there for twenty days in order thattthey sohappens that they form the mDaterial with socl deappgens work. t\hboy wfom tieaseilwt might be qualified to vote there, and thus those whi demaogues work. oody, who has pirtiicular districts would be carried. If gen- eyes to see and ears to hear, can for a mioment tlemen sincerely desire to protect the ballot-box be mistaken in this matter, hen e goes into bemsakny of thismter ohn lde Stoes. it from these outrages, and to prevent the leading any of the old States. I tell gentlemen that the men of either party from engaging iii this kind time comig when we shal feel that evil here. of fraud upon the right of suffrage, I trust they LMen are now beginning to perceive that there will unite wi us in extending this time. If must be some guard, more than we now have, six months is too long, the Convention can re- or our ballot boxes will not be secure. I see duce it; but I think every member upon this the necessity for a movement in this direction, floor will be convinced of the necessity of ex- not against the foreigner, but against the dematending this time beyond twenty days. At the gogues; against-Rynders, and men of that suggestion of the gentleman from Lucas, [Mir. stamp, who associate themselvestogether to conEdwa-ds,] I will modify my amendmient and trol this kind of vote-this foreign vote. Genmake it three months. It is my own opinion tlemen make this distinction themselves, when that six months is none too long. they take this out of politics. Whetn they go Mr. CLARKE, of Henry. I occupy the same to an election they see a certain body of men position, in regard to this matter, that I have come up there and cast their vote as a unit, up on one or the other side, and they know that heretofore occupied, that of extreme liberality. those men are c asting t heir votes under the di1 see exactly what gentlemen wish to attain by to~ e r atn hi oe ne h i I see exactly what gentlemen wish to attain by rection of leaders, and that they are the materithis amendment, but think it will not accomplish al wi th which d emagogu es work. their object. I think there is only one way for the people of this State to gain the object which I stand here for myself alone in this parti;cugentlemen are aiming at; and that is by provi- lar, representing nobody but myself. I speak ding a registry law-for I may as well come out as an American citizen, when I say that this is and say just what I mean. We are now at the an evil to be deplored, and that i will go as far advent of a railroad era. There is a large float- as he who dares to go farthest in extending to all img population who care not in what State or in the greatest liberty, when they will cast their whatcountytheirresidencemaybe; andthisisthe votes in the locality where they belong, when material with which demagogues carry on their their vote is not transferred from one district to operations. We saw this at the last election. another, in order to turn the election. You will [35th Day S %") 2 Sa!turday] [Febr-i'tary 28th RESIDENCE OF VOTERS. LFebruary 28th never find me to retract my principles of allow- which will tlhrow around them safety and proing:hem a fair and honest vote, such as is given tection, tlhatt I am for denying to theci that which to evely other icitizen. It is not that they are we cannot grant while we would preserve the allowed to vote tha;t wve complain. It would be purity of our ballot box and system of voting uilja,st to denv them that riglht. But we coril- and it is for these reasons that I,im in favor pla3in of a, ab)solute evil here, that these votes of a registry system. But anything that looks cin be shited troni one state to another, fronm to cuttinrg o(ff American citizens, citizens of the one district to another, from one l)recinct to an- Uiiited States either of adol)tioni or native born, other, ev(erynwhere, all over the country. And who are.lonest men, fro voting where th1y hence it is that people have at last found it neces- belong and where they reside, that I all ops.;y to throw around the ballot box these re- posed to. I agree that the American citizen strictions. ought to be allowed to vote for oflicets of the . A S. I will ask thegentleman whe- geneial goveinment. I wish it could be so re g9ulated that this- righit couild be exercised thor he favors this restriction or opposesit? guliLted that this rit cold be exercised will herever they night be. But then comes in ,\Tr CLARPK!, of leniry. The gentleman will Mr o g CLA f euv.Thegetleanthat other evil, tlhat it will allow the vote to be learn before I get through, if-he will have pa sI shifted from one point to arnother, antd tlhus to be tiernce. I believe the gentleman is the iost dif used to turn the election in this precinct or in ficult to satisfy llpon this fl,)or, but if he will ~l~t ta tt ief po tis fr, but9 f he wl that precinct. We must the efore have these v,i.t a little wrhile, tie wili learn exactly my p0 guards and checks somewhecre,. I ecno sition- and I suppose that is what he is after guards and checks somewhere, If we cannot s e took pains to ak e about iswt the iaother e have it in regard to time, let us have it in re.,s lie took pains to a-zk me atbout it the other ~d ~t,l —~! ~gard to a registry law, which I think nmore equitable, atnd more certain to attain the olject The evil is thle shifting of the vote from place at which the gentleman is aiming. I am, thereto place, and uot the vote itself. When a pro- fore opposed o extending the time, but in faivor position is nmade requiring a residence for a cer- of registry laws. tain specified time in one place, it is to prevent ir. PRICE. I think the question was very this shifting process It is supposed that if we well asked by the gentleman from Appano:~)e should require them to remaiii in the precinct [Ir. Hrris,] which side of the question the for three months before they would be entitled gentleman from Henry [NIr. Clarke,] was upon. to vote, they could not remain there for tha.t I believe he has argued a registry law bill here. length of timne before the eletioti unless thevy There is no su(lch pr)oposition before the conrvenwanted to secure a bona fide re.idence. The tion. So far as the proposition of the geutlemenn politicians and demagogues would not go to politiclitiis ttrid dem,,~ogues would not go to |from Johnson [NIr. Clarke,] is concerned, I work so long beforehaned, to say, there is a dii rmJl151 M.Cak, s-cnend work so long bereh d, to say, t here isai- sall certainly oppose it. T amr opposed to everytrict where the democrats have a majority of thinig which teuds to impose restrictions upon five hundred, so that if we can only send in six the exercise of the elective franchise. I may, huiidireld republicans there we can carry the perhaps, be more deeply interested in this qtieselection; and then to take their nmeasures to tion than the gentlenman from Johnson, as 1 reseud the men and to keep them there for tha,t present a portion of the State which is rap)idly lenrigthl of time. The gentleman who moves the settling. I see no reason, certainly not upon amend ment thinks it will be an effectual reme- the ground of capability, for preventing a citizen dy for the evil to require a residence of three fioni exerciaing the elective francLise, even if he months. because the demagoguies will not be should not hppen to have lived in the country Pre,,,~~~~~~~~~hould not happen to have lived in the country pre)pared to go into these calcullations and ar- where he wanits to vote, for a period of three rangemuints so long before the election. I dis- months. If it comes to a question of time, I agree with him. I think that is not the way to would blot it out altogether. What are these reach it. I think that whenever an important (can- county lines, and what are these counties, povass is approaching, men will go into the differ- litically? They are mere organizations for the eit districts and claim a residence there, even purpose of carrying on the business of the State three mionths before the time of the election. t large. A min who has resided in the State, But if yon establish a registry system, which ilndentified with its interests, perhaps for twenty no honest man need be opposed to, there need er if e pens to move acros conty thenr be no fear of pemitt m ing all caos s e s a county then be o fear of pemitting all clases to ine, is disfranchised. This is all wr,ing. I vote, even including the c(lored citize is. If would blot it out, so as to give to ti; man who you establish the law that every man who goes is a citizen of the Stite who is i(ietified with to estabIlish a residence shall have his name re- all its interests, the right to vote at every elecgisteted las a voter, then I thiutk you will have tion, whenever the ballot-box is exhibited. Vlhy arrived at somethinig which will protect the shall we establis a limit of tlree months? Dues purity (- of the ballot box, somtetliing that will this three months' residence Jn a particul'i be a check upon the demagogiies who trade in county retider him any mu)re capable of votitl rotes. than hle was b(efore! Why, sir, twenty d:.i It is without any utnkind feelings, but, on the will not do it. Time never skills a man in poi) other' h.ind, w-ith the most liberal and gener tictl wisdom. It does not qualify a man' I on. feelings toward aLll classes, wishitg to ex- cast a more intelligent vote-ia vote better c',: tend to tl nih the blessings of our goverlnment, cul;Lted to advance the interests of the State, l.;n wishinig tc pet etuate reputitlican institutions Lie would have cast before. The only questi,a 863 35th Da-Y] S.-iturday] IIAR.'JIS-CLARKE, of II. —P.'ilI,E. SattLrday] HIARRIS-CLAPKE, of J. LFebruary 28th I would ask the man would be: Are you in fact where. If there is any credit and glory to be an American citizen? So far as the time re- I obtained by that cours- of conduct. they are quired for residence in the State is concerned, welcome to it. I would so regulate it, if I could, as to prevent Now, I apprehend thatt the gentleman from the exclusion of any citizen from the exercise A)panoose L,'l. larris] is one of this class. I of the right of suffrage so far as the adminis- made no charge of )ipe-laying against iany par tration of the national government is concerned. ty; nor dlid I admit that my own party had t,een This is all folly, it is all wrong, to sav that any guilty of any such thing. I did say that the man in the State shall not vote for I'iesvident ofi charge of pipe-lay ing had been miutually ban the United States because he does not h)pen to I died about between the tw o parties, but as to have lved i! the State for ix mlonths or a year.- the fact whether the ch'arge was true or not, I But since there must be a line omylewhere, since did not undertake to determine. I cannot prevent it, I shall vote for the shortest It is an old adage that lie who first cries "stop time so far as residence in the State is concerned, thief" is pretty apt to feel Some Cosciousess of and the shortest possible time so far as resid enc the gentletyan undertakes to in the county is concerned. guilt, And %Nheii the geritlii-an undertakes to I tarue that what hlie styles any aidmission lhere is Thiere is no reason in the argument of the pioof thli.t the party to whilch I belong is guilty gentleman so far as pipe-laying and fraud are of pipe-laying, hlie shows a consciousness os guilt concerned. These are thinigs you cannot pre- hiiiiself. I lhave not descended to anything so vent. Co} ruption will exist. Provide your laws small as that. I trust that while I occupy a seat as you il, Wou cannot entirely prevent it. I upon this floor, I shall not act as has tlhe gen am therefore i n f vor of the most liberal pro- tlenmian, but in accordance withl the dignity and vision, and the shortest possible time, to dis- the propriety of my position here. pense, as fair as possible and as often as pjossible,i ptnse as fltr as posible and as otteo e rse possibe, In submitting this proposition to amend, I did with every infiac tion of the exer c ise of hso because I deemed it to be mv duty to do so, elective franc~ise. Iand because my constituents felt a desire for ,Ir. HARRIS. I am right glad that mye,riend some change in this respect. It was front no fiom Henry [.lr. Clarke] has, even at so late a partisan motive or interest that 1 did so. There day as this, answered the question I asked him is a reason for it, and that reason is simply thlis: so long ago; and I hope my uneasiness and we are about to inaugurate a tiew puli policy anxiety has not been troublesome to anybody we are aiming to devise a system by whlicl i the here, unless, perhaps, to the gentleman himself. public improvements of this State may be con If I could have beet, right well convinced that structed. Within the next ten years it is nmore I was as difficult to satisfy as is that gentleman, than probable that we shall have an influx of and had caused the rest of this convention as p)opulation in our State, of those who have no much trouble to have my x iews harmonize as he interest with our people, and who will leave us has, I should have kept myself quiet long ago. whenr the public works are completed, which in As to the charges made here concerning cor- duced them to come here. If the menmbers of ruption getting into our elections, and, conse- this convention desire to plane the people of quently that changing the term of residence is this State at the mercy of this class of popula necessary, I have only to say to the gentleman tion, well and good; they can do so. But I do fromn Johb,son [Mr. Clarke], that his admission not mean that it shall be done with my consent. of these things against his party, saves us the I mean at least to endeavor to do sontething to trouble of proving them. Now, we do not ad- resider this right of suffrage valuable in itself to mit them with regard to our party at all. But subserve the purpose Ior- which it was designed. even if such was the case, the proposed change I do not meanto cast any reflection upon does not obviate the difficulty. If men are so those who may come into this State to labor steeped in crime and corruption that, in case of upon these public works. If I was seeking to these elections, they will import voters to ac deprive them of some natural right, to take from coniplish their purposes, all they would have to them something which belongs to them, there do under this change would-be to extend their might be some tforce in the arguments of gentleallowance to three months, instead of but twen- meni upon the other side. But I do not propose tr days. Accordingr to the gentleman, this is to take from them any natural right. I am redone by a system of pipe-laying, in political straining them, in no sense, in the exercise of phrase. This may be so, though I do not un- their liberty; I am merely seeking to sub.serve derstand it. There may have been one or two the true interests of those who have made this occurrences in this State, I have heard some- State their home and who expect to rise, prosper, thing of one or two of them. It my prieval in o fall with the rise, prosperity or decay of thi s the gentiema1in s own party but I anm disposed to State Ray that it does not, notwithstanding he seems Let me refer to an instance of the effect of the inclined to admit that it does. provision in our present constitution; a case Mr. CLARKE, of Johnson. There are some that occurred in my own district, and one, too, gentlemen upon this floor who seem to have no that is of common occurrence throughout the other capital than to misrepresent, and give a State. Some twenty days before the election party aspect to everything said here. I regret'last N,,veniber, a number of laborers caome from Mat such men are to be found here or else- the neighborhood (,f the gentleman from Scott 864 RESIDENCE OF VOTERS. [35th Day I RESIDENCE OF VOTER-S Saturday] CLARKE, of J.-SCOTT. L[February 28th [MIr. Ells.] to work temporarily upon a building to coistruct our railroadls, and otler internal here. They remai:ed here until the day of iniprovemenlts, and those cenipi)oii,g these corelection, and voted here, though they expected poriatiobs want to carry a pariticulair district, to leave as soon as the job, ulion which they and elect a particular iman without regird to were at work, was completed They had no the interests of the State, how easy it vwould be interest in the selection of a delegate to this for them, with a constitution as ours now is, to convention. They are now represented upon import voters, and keep them for twenty (ldys this floor by the gentleman from Scott. And! i any particular district or county, an( put ul)yet they came into this county, and exercised on that district or county men they do iiot dethe right of saying whom the people of Johnson sire; and this wvil be done by men who lhave no and Iowa counties should send to represenit them interest in the welffire of thlie conimunity, and in tils convention. They had no just right to who, after they haveaccoirnplished their purpose v,ote here, but should have voted where their here, will leave to,) serve sonie other State ii, the residence was in realitv. This is a common oc- stamne wiy. This has been done lheretofore and currenlce all over the State. And I sa-y if you it is our duty, as vwise legislators, to devise let this provision remaia as it iow stais, you| somnethin' y wi Lich to prev ent the samte occuiroplen the door to a system of fraud upon the rences in our own State. right of suffrage, which may be detrimental to rI~htofsufrae hih my e dtimcnaito Mr. SCOTT. I think there is another very the best interests of the State. Alr. SCOTT. good reason why this extension of residence I do not want to go into these charges. But should be mecde, cild not T eriiit -i peican to v(te we all know that in the late Pres;dential elec- af,er having been Ibut this limited lime in a countion the charge was made, and strong evidence ty or district. Thle gentleman from Pott'lwatobrought foirward to sustain it, that this system of mie, [M,r. Price,] coutends that the tue prilcipi)e-laying, and fraud upon the ballot box, had ple is merely to require that aperson shall have be~~~~~~~~~~~~~~en is. merel y o to r e giret ethat in ma,~ny Sttsh-il1i,v been cairried on to a great extent in many States a bona fide residenc(e in the district where he of of this IUnion. We are surrounded by States in fers to v(o,te. This he claims is all that is requiwhich the same thing may be done. I wil l not t and necessiy. Now 1 think we have prosay that it has been done, for I will not deal in cedents enough to satisfy any man, that twhat is imputations. But I,illsay that it may be done, a very unsafe mode by which to determine and that fact is enough to lead us to incorpo- hether or not a mian has the right to exercise rate some restriction in the constitution. We the elective franchise. There is a sister State were sent here to protect the rights of the peo- to the south where they take the same view of ple. Yet the dearest right of all, that of the peo- this question that the gentleman from Pottwaple to choose those to make their laws, by which tomie tkes. They contend, as gentlemen here they are to be governed, is to be left without are well aware, that wherever a man may hapaiy guard or restraint thrown around it. pen to be, no matter under what circumtstances I must be allowed to say that I am somewhat he m1 hv a t h ha a r to I must be allowed to sayi that I am somewhat astonished at the opposition of the gentleman from Henry, [Mr. Clarke.] I am like the gentleman from Pottawatoinie, [Mr. Price,] somiewhat at a loss to know upon what side of the question he is; and I might, with the same pertinency, put to him the same question put to the gentleman frotm MarIion, [Mr. Gibson,] by the gentleman from Claiyton, [Mr. Scott ] some evenings.since. The gentleman from Henry says he will go for a registry law in order to protect the people from frauds. And yet I think the gentleman must know that, without a provision requiring a residence of a certain time, the registry law will have iio value, for tIrauds ('all be practiced upon the registry law, as well as upon the ballot box. The two will do very well together, and I moved this with the intention of also moving the other proposition. I atn serious in this thing. I have kept aloof from the politics of the State, and have voted as nmy judgm,nent dictated. During the last five or six years I have voted for as many demnocrats as wtligs, aid as many whiigs as democrats. I have watched the progress of parties during that time, anti the conviction has been forced upon my mind that it is necessary to throw this safeguard about the ballot box. Whlt will be the effect of it? Suppose that it should be, as I anticipate, that when we bring men from abroad Gentlemen should t ake this matter int o consideration, and deter-mine whether it is right, just or equitable, for citizens of neighboring states, who may happen to be here, to have the right to vote because they may happen to be here at the time of an election. I have no desire to urge this matter f~r party reason~s, or to make it a party test. I-t may work as mu('h against the interests of one party as of the other. The citizens of our sister state, who have taken so active a part in transporting voters to a neighboring territory, are themselves upon the eve of an important crisis in their own affaeirs; and during the st rugtle for emsancirpation in that state, if the doctrine should be carried out that the moment a man touiches their soil he has a right to vote there, these border ruffia,n advocates could have no reason to complain it'ab(o)litionists from Ilow,, should go over there and vote for the abolition of slavery i Missouri. Yet, would it be right for abolitionists to go there and, even after twenty days residerice, vote for the emancipation of slaves, in whom they are in no ways directly interested? Certasinly, such a principle as that is not right. And will we leave our state as ungu:arded as that, so that when the time arrives when dear 865 35th D-ty.] I RESIDENCE OF VOTERS. and imp)ortant interests to our people are in- history of this country for several years past is vo"ied, men from nissouri cant come over here, sufficient 1)ronf. Thle rule requiring sorme cer re-uaini twenty days, an vote tway our rights, taiii tit'2eof rcsilence, before a person is allow a, they have done in tie territory of Kansas? e to te, is cod one. The only question is :ielre is a very inmporttant principle involved as t. t!e le,rgtli of tirme that should be required in this matter, arid it behooves gentlemen to before ( person shill be'allowed to b ecome a look to it caetfully, tti. t they nmay know lhow to citizen of:, county or district, and allowed to act.'Ie slhould provide here, if possible, that vote. I think that twenty days is too short a all 1wo vte ini thlis state shr,Ild h:ve a commorn period of time, for the re.,son tlhat it holds out i x[..:t withi the people of the county or dis- induceminent., in the case of local elections, stuch t'ict hlieiee they lay vote. They magy be resi- as the removal of county selts, the taking stock dealnt of the state, and still have no particular in railroa d comni)anie(s, &c., for parties to import intedrest il te affairs of the county awhere they votes firom other districts, for the purpose of car may hapLpen to )e at the titnce of the election. I tying some special object. tik it is very proper, anid hut safe, that some I will alluide to one occurrence that took place, restrictions should be thrown around the resi- I think in the counrty of Lee, last year. There deilce of voters in counties, as are thrown around was a vote taken there upon a proposition to titemt in relation to their residence in the state. subscribe stock to a railroad, and, if nmy noem If it is deemed necessary thait they s'hould reside ory serves me, in the district of Fort MadIison one year in the state, before they can know the there were nine hundred votes cast, while they wants and interests of the state, wby is it not never betore or since gave more than five hInr equally necessary that they should reside the dred votes. I do not know what were the bear same lejngth of titme in a county, before they can iligs of the question then before the people. iBut be supposed to kuow the wants arid interests (f I have no doubt bult what the question was one t'hat county? The principle is the same in both of such an important character, arnd involved cases. A short residence of twenty days in any such pecuniary interests, as to induce wea-lthy county will not enable them to know the issues men and property holders to go into other involved in the contest, or to judge with any counties to obtain voters to be imported there, to certainty of the merits or demerits of the carl- work for twenty days, for the purpose of being didates put in nonmination. They can know entitled to vote, so as to a-ecompli,h some par nothing of them except by hearsay. They may ticular object they had in view. form even a slighlt acqiraintarice with the candi- Suppose that it was a favorite measure with dattes in twenty days. But are the probabilities ceriliti individuals in this county that it would in fitvor of their doing that? Or will they not take a large amouint of stock in a railroad, ard rathei vote purely under party influence, and there was to be a vote taken upon that proponet according to their own sense of justice and sition. These individuals could nake it to their rirhi, as regairds the wants and wishes of the interest, and would doubtless do so, to avail permanent plortion of the community, and thus themselves of the opportunity of obtaining peragainust the dearest interests of the county? sons from other counties to come here aild re If the principle is wrong when applied to main for twenty days, in order to carry their states, it is equally wrong when applied to coun- project. ties in any way. Nor would I impose too Now, if the object to be attained here is a gre-.at a restriction upon voters,by making them proper and a just one; if it is no p:arty measure, remain in a county too long; but I would im- but merely designed to protect the purity of the pose restrictions so stringent that they would ballot-box, no one can otbjict to the pritciple of be obliged to reside a sufficient length of tihe the thing. The-only question is as to the length to make their interests identical with those of of tinme to be required before a person shall be the county in which they vote. allowed to vote. We have a care in point, with Mr. ElW\ARDS. I do not intend to discuss in two years past: when, if in thIe territor" of the merits or derrmerits of a registry law. So fir Kansas there had been a provision in the organic as my experience and observation of a registry law, requiring persons to be residents there a law is concerned, I slollld say that it was inap- stfficient lentgth of time to eitatble them to beplicable to our state. It would apply with good come identified as actual, bone fide citizens all effect to states with,a dense population, uit in the trouble and diffi(ulty that there occurred, a sparseily populated state like ours it would and lwhich I:as sheisin r' goverInment to its not answer. very fourcndaltinr, wotid have been avoided. I So far as the question now before us is con- have heard gen(leimeri say, in relation to the outcerned, I think there can be no doubt in the riges comiuitted in Kinsas that the same were mind of' any gentleman here, but what the ele,- practiced in Nebriaskil by the citizens of Iowa, tive franchise aid the purity of the batllot-ox for the purpose of carrying tihe local elections shoul,l be strictly guariled. Blit it is a matter in that territory. I have heard that assertion of opiirn wrhether the term of residence sltotrld repea,tvil.1 lnzen times, I should think. ]gut be fixed! at twenty, thirty, sixty datys or six th aI,~::!:' se but the stronger. months. That gre.;t frauds have been perpetra- Now. o.,;,2ntlemen to pause and consider ted upron tire elective franchise, and that the if t'h.:. is right? If so, then let them go purity of tlre ballot-box has been invaded, the wito the gentleman from Pottawatamie [Mr. F35 th D y E66 [February 28tit Sati-trdr,y,l SCOTT-EDWAI',I)S. I I I RESIDENCE OF VOTEERS. Price,] and open the sluice-gates, and let all becomes a bona fide resident in any county. he this flood of evils come into the State, and con- should be allowed to vote in that county, for trol the destinies of the bone fi.e citizens and the action of the representative from his counproperty holders here. But if the l)rinciple of ty will affect him, and the action of the repreprotecting the elective franchise and the ballot- sentative from his old county will not have any box is right, then [ say throw around them some direct application to him. But if he is in a wholesome restrictions. If the principle is an county merely for transient purposes, though he honest and just one, it will injure nobody to may be there for six iionths or a year, lie should put it into practice here. not be allowed to vote under any such circum I am not tenacious as to the length of time stances. we should agree tpon here. If three months is It seems to me that if gentlemen can shape considered too long a time, then put it at sixty this cons,tituttional restriction so as to make the days. But it does appear to me that some titme bona fide residence of a man the standard by should be adopted, and that twenty days ttoo which to govern his right to vote, I should be short. i inclined to go for it. Though I appreciate all HARRIS I desire to say a word or two the difficulties that surround this subject, I behere by way of explalnation. I certainly was!lieve if anything of the kind is to be incorpoirahere by way of explanation. I certainly was t e t l w ted here, that which I have indicated is the pronot aware th:-t there w,,s anything in the re- I marks I mde a w melt sice tht should per provision. But I do not know that it is marks I madea,ifew moments since tha-,t should P rovoke the ir of ally entlean her I did necessary. It seems to me to be a proper subierovoke the ire o any entlean here. I di d jiect for legislation, and I am surprised that the intendc toD repel the insinualtion tha-(t pipe-laying[ int; dto reperl twhei nV1 al tin thea pipeaing'a legislature of Iowa has heretotfore passed this as a general thing was prevalent in the politics of this country. I was not aware of ig matter over without making some provision Of this kind. any chlarge -trainst any party. I said that if gentlemei thought proper to admit that that Mr. GIBSON. It appears to me that there system was practised by their party, it would has been sufficient discussion upon this subject. save us the trouble of proving it. But I repel- We are whiling.away the time of this coIventled the charge, so fiir as the party to which I tion arguing this questions when, at the same belonged was concerned. time, I presume all this discussion will inot have the effect of changing'I singl,e vote. As to my having done anythling so inconceii vote. abl)ly small in this matter. all I have to say is, I do not know what is the feeling of this conthat I think every man will evenrtullliv fieid his ventionti upon this subject. I do not know wlatich own level. And I apprehend that when ge-tle- way th,-, majority intend to vote. But I do think men who are so quick to criticise otheLs come that every gentlemian here hs his mind aeady to examine the records of this ci)iiventi(on, they fully made up in regard to the vote he will give. will perhaps find their level to be quite as low I suppose that every gentleman can justify himas that of some others. self to his own satisfaction before his constitu MAr. AIIAPVN(. I think I can appreciate the enuts, without longer procrastinating the session feelings of the vfentlemen who desire to have of this convention. I would, therefore, very feel~~~~~~~~~~insotegeteewhdeiethae much like to see a vote taken upon this question those restrictions placed about the privilege of imm lke to sdia tely. take upon this question voting in counties, especially as regards the vote imeditel of counties upon t,iki g tock in railroads. But | Ve have but a short time to remain here, unI am not certain that the plan proposed is the less we rescind the resolution to adjo,.rn on the best way to accomplish this oblject. If it is ne- fourth of next month. We have no very imcessary that men should be in a county for three portant matters before this convention now that months, in order to carry a favorite object of we cannot easily dispose of.. I suppose we are certain individuals, or a certain class, they will all anxious to go home, where our own business be there three months, or even six months, as far requires our presence. I would ask, is it impor',as that is concerned. taut or absolutely necessary that we should re main here hour after hour arguing this ques But I think there is, after all, something nin here hour after hour arguing ths qus wrong in saying that a man shall lose his vote tion wihen there is no probability that the mind at an important election just because he may of a single member here will be changed by so have removed his habitation perhaps ten rods doing? I make these suggestions for the confrom where it formerly was. I have a case of sideration of members here-not that I would that kind in my mind now, where one candidate pply the gag to any gentlemanbtut that they at the last election lost one vote, and I had one ay think of them and see if I am not correct cast against me, under the operation of such a Mir. PALMER. I was in hopes when the requirement. A man moved into his county a stariding committee upon this article had refew days previous to the election. Hle had pre- ported it as it now stands in the present constiviously been a voter in Joiies county for years; tution, that the convention would pass it with and he had to come back into my county toyote out dispute. But gentlemen have a right to against me. Such a practice may seriously af- offer amendments, and, therefore, we must pass feet an important election. the article with such amendments as the major If a man is but a transient resident, he should ity may see fit to adopt. not be allowed to vote. But the very day he I do not propose to take up much of the time 35th Day.j 867 Saturday] IIARRIS-PAItYIN —GTBSON-PAI,IIEII. [FebriLtary 2 Stlit RESIDENCE OF VOTERS, &C. CLARKE, of II.-CLARKE, of J. —ItARRIS-TODIIUNTER. of the committee in what I may say upon the question now before us. I believe that, so far a s m y knowledge extends, the al tidcle as it stands in th e present constitution is entirely satisfacto- t ry to the great body of the people of this Statee, and that they do not desire any change in it. According to my recollection, I heard no su,ggestion of change previous to coming to thi i convention. It is more necessary that but a limited period of residence in a county should be reqlire(d of voters in a State circiumstanced I like our State, tihan it would be in older States where the popul;ttion is not so migrating (s we are here. We know that the people of our older counties are coit. tlly moviing into the new co litie' and tin),', iin)t changing their resideLce fromn one Sttte to another, they are yet changing their residence fi'omt one county to another in this State. Arnd are they not just as well qulfified to vote in this State, after chang- ing their residence from one county to another, -s they were before? I think they are, mo sto undoubtedly. I thitik we should not distran- chli se tlhem merely becatuse thev sell out in the older counties and remove their habitations to the neiwer ones. The geentleriman from Jones, NIr. MI;larvin.] says ther.e shouldl be some provision requirin g the residence of a voter to be permanent and o fiJ l and that that is all that is necessary. The article as it now stands does tl-iat. It re- quires that they shall have a residence in the county in which they offer to vote of twenty days. What is that but apermanent residence?! I do not think that a man can be said to ihaiive a residence in a county, unless he settles there I with the intention of biecotuing permanently lo- cated there. Our legislature has provided all that is necessary, by ieqtiiring an oath to be! taken by every voter, when hie is challenged, that he has been a resident of the S-ate for six months, and that he is at the time a resident of the crunty, and has been such for twenty daysh preceding the election. That, I think, is all that is sufficient. MIr. CLARKE, of Henry. I desire to make a single remark further upon this question. I do not know as I should do so, but I desire to have gentlemen fully understand my position. My view of the matter is, that to require an extension of the term of residence would be to work a great wrong to thie actual and bona fide resident. For instance, take a city, where before the election persons remove from one ward to another. If you extend the term of residence to three months, you would cut off a large number of persons from voting. I thought that I had explained myself so definitely upon (his point, when I was up before, that gentlemen could not misunderstand me. I said that I was opposed to requiri,~g a term of residence longer than was necessary to establish the fiact of a bona fide residence; and that I | was in favor of a registry law. 1 went into no general explanation of what such a registry law Ts should be. But I would suggest that it might 868 [35th Day [February 28th Satuirday]X The consideration of the article on the right of suffrage, was then resumed in committee of the whole, [MNr. Winchester in the chair.] The CFIHATRMAN stated that when the com - mittee rose, they had under consideration sec. RIGHT OF SUFFRAGE, &C. GOWER-EEMIERSON-IIARRIS. tionr one, of the article on the right of suffrage, which had been amended to read as follows: " Section 1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of the state six months next preceeding the election, and the county in which he claims his vote twenty days, shall be entitled to v,te at all elections which are now or may hereafter be authorized by law; and the general assembly she ll provide for registering the legal voters of this state." No further amendment being offered to this section, Section two was then read as follows: Sec. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to or returning the efrom." No anmendment be ing off ered to this section, Section three was read as follows: Sec. 3. INo elector shall be obliged to per - form militar y duty on the day of election, except in time of war or public danger." -No amendment being offered to this section, Section four was read as follows; " Sec. 4. No person in the military, naval or marine service of the United States shall be considered a resident of this state by being stationed in any garrison, barrack, or military or naval place or station within this state." MAr. GOWER. I move to amend this section by adding to it the following: "Norshall any student in any seminary or institution of learning, in consequence of being such student." I have known instances where students at academies have controlled elections of a local character, and in the state of Mlaine, from which I came, the clause I have proposed here, has been incorporated in their constitution. If it is notinsertedhere, I should not wonder if some elections in this state should be controlled by students. This provision is not intended to cut these students off from the rights of citizenship, if they are citizens. It is meant to prevent s tudents from other states, who come here merely as students, from participating in our elections. The question being taken upon the amendment, upon a division, it was not agreed to, ayes 9, noes 11. No further amendment being offered to this section, Section five was then read as follows: "Sec. 5. No idiot or insane person, or per60n convicted of any infamous crime, shall be entitled tot he privilege of an elector." No amendment being offered to this section, Section six was read as follows: "Sec. 6. All elections by the people shall be by ballot."' Mlr. EMERSON moved to strike out the words 'by ballot," and insert "viva voce." The question being taken, the amendment was no aagreed to. No further amendment was offered to this section. MAr. HARRIS moved that the committee rise, report back the article as amended to the convention, and ask to be discharged from its further consideration. The question being taken, the motion was agreed to. The PRESIDENT having resumed the Chair, The CHAIRNIAN of the committee of the whole reported that the committee tc which had been referred the article on the right of suffrage, had considered the same, made one amendment thereto, and instructed him to report the same back to the convention, and asked to be discharged from its further consideration. The report of the committee of the whole was received, and the committee discharged accordingly. The amendment of the committee of the whole was to add to section one the following: "And the General Assembly shall provide for registering the legal voters of the State," causing the section to read " Section 1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his i ote twenty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law; and the General Assembly shall provide for registering the legal voters of the State." The question was upon concurring in the amendment. Mr. HARRIS. I really hope this amendment will not be concurred in, for one reason, at least: it is the only amendment recommended by the committee of the whole to the article as it now stands; and surely, if the article in the present constitution is so little defective as that, there can be no necessity for this interpolation. A registry law in some parts of the country may be expedient and desirable; that is, in large States, and in large places where the voters cannot be generally known. Under such circumstances, something of that kind might be necessary. But the great mass of the voters of this State being in county townships, where they are all known to each other, it would be but imposing a burden and a disability to require the registering of the voters of this State, 119 869 35th Day.] [February 2Sth Saturday] In Convention. Registering of Votey. RESIDENCE OF VOTERS. JOHNSTON-CLARKE, of J.-TODHUNTER-WARREN, &C. without doing anything to prevent frauds at elections. According to this amendment, a man must have his name registered so many days before the election, or he will not be entitled to a vote. This will be a hardship that our country popula tion will not so much appreciate. I think there is a duty incumbent upon us here in getting up an amended constitution; and that is, not to require everything that in our opinion would be best, when we know that it would not prove acceptable to the people. There are certain changes demanded bythepeo ple of this State, and we should so act here as to meet the demands of the people, and not do that which will load down the constitution, as I think this will do. Another thing; if a registry law is necessary, does it come within the province of our action here, or should it rather be left to the action of the legislature? If we go on and say that the legislature shall provide for registering the voters of this State, that is nothing more than they can do now, if they see fit. I think this is a matter for the legislature, and entirely out of place here. Upon concurring in the amendment.ir. JOHNSTON called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the amendment was not concurred in; yeas 10, nays 20, as follows: Yeas-Messrs. Clarke of Henry, Clarke of Johnson, Ells, Gower, Gray, Marvin, Scott, Seely, Todhunter and Young. Nays-The President, Messrs. Ayres, Clark of Alamakee, Day, Edwards, Emerson, Gibson, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Peters, Price, Robinson, Solomon, Wilson and Winchester. serting "three months," as the term of residence in the county. Before the question was put.Mr. CLARKE, of Johnson, demanded a call of the Convention, which was ordered. The Secretary then proceeded to call the roll, w'th the following result: present 32, absent 4, as follows: Pr esent-The Presi dent, Messrs. Ayres, Bunker, Clark of Alamakee, Clarke of He n ry, Clarke of Johnson, Day rs, Edwards, s, s, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hol lingsworth, Johnston, Marvin, Palmer, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Todhunter, Traer, Wilson, Winchester and Young. Absent-Messrs. Cotton, Parvin, Skiff and Warren. The PRESIDENT stated that Mr. Cotton was absent on leave of the Convention. Mr. TODHUNTER. I move that Mr. P,,rvin be excused. He was called home this morning, and requested me to have him excused. The question being taken, the motion was agreed to, and Mr. Parvin excused accordingly. The sergeant-at-arms was then dispatched after Messrs. Skiff and Warren. After some time Mr. WARREN appeared and tot k his seat. Mr. GIBSON. There is but one member absent, and not excused, [Mr. Skiff.] I have no doubt that the convention will agree, that when the gentleman arrives he shall be allowed the privilege of voting upon the question now pending, no matter what may be the result. I, therefore, move that further proceedings under the call be dispensed with. The question being taken, the motion was agreed to. Residence of Voters. The question recurred upon the motion of Mr. Clarke of Johnson, to strike out the words "stwenty days," and insert the words "three months," as the term of residence in the county. Mr. CLARKE, of Henry. In regard to this question, I will say that in the remarks I made this morning, as to the effect of extending the time of residence, I find, upon recurring to the section, that my objections were partially without foundation. I find that the effect of this amendment will not be, as I supposed it would, in regard to a person in a city moving from one ward to another. And the amendment in regard to the registry system having failed, I shall certainly vote for the next best thing that presents itself, for guarding against frauds at elections. Upon this motion Mr. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, upon striking out the words "twenty ,Mr. CLARKE, of Johnson moved to amend section one by striking out the words " six months," and inserting "one year," as the term of residence in the State to entitle a person to vote. Upon this question Mr. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the amendment was not agreed to; yeas 5, nays 25, as follows: Yeas-Messrs. Clarke of Johnson, Gower, Gray, Hollingsworth and Scott. Nays-The President, Messrs. Ayres, Clark, of Alamakee, Clarke, of Henry, Day. Edwards, Ells, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Palmer, Patterson, Peters, Pric e, Robinson, Seelv, Solomon, Todhunter, Wilson, Winchester and Young. Mr. CLARKE, of Johnson, moved to amend the section by striking out "twenty days," and in [8 5 th Day. 8,-O [February A$tib Saturday,] EDUCATION AND SCHIIOOL LANLS. CLARKE, of H.-CLARKE, of J.-IHARRIS-MARVIN. [M.areh 2d days," and inserting "three months," it was not agreed to; yeas 15, nays 17, as follows: MIr. MARVIN, from the committee on education and school lands, to which had been recoinmmitted the article on education and school lands, with certain instructions, made the following major ity report: The committee on education and school lands beg leave to make the following report: Yeas-The President, MIessrs. Bunker, Clarke, of Henry, Clarke, of Johnson, Edwards, Gower, Gray-, [lollingsworth, Marvin, Scott, Traer, Warren, Wilson, Winchester and Yo ung. Navs —Messrs. Ayres, Day, Ells, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price, Robinson, Seely, Solomon and Todhunter. MIr. CLARKE, of Henry, moved to amend the section by striking out the word "twenty," aud inserting the word "sixty," so as to require a residence of sixty days in the county to entitle a person to vote. Upon this motion Mr. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken, bv yeas and nays, the amendment was agreed to; yeas 18, nays 14, as follows: Yeas-The President, Messrs. Bunker, Clarke, of Henry, Clarke of Johnson, Edwards, Ells, Gower Gray, Hollingsworth, Marvin, Scott, Seely, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays-Messrs. Ayres, Day, Emerson, Gibson, Gillasps, Hall, Harris, Johnston, Palmer, Pattei son, Peters, Price, Robinson and Solomon. On motion of Mr. HARRIS The article as amended was then referred to the committee on revision, engrossment, and enrollment. MIr. CLARKE, of Johnson. Inasmuch as there is a convention now in session in the Supreme Court room, in which some members of this convention take considerable interest; and inasmuch, further, as the subject in relation to education and school lands has been referred to the standing committee, with instructions to report on Monday morning; and inasmuch, further, as there is another committee, of which I am chairman, which I would like to have meet this afternoon-the committee upon printing the journal-I move that the convention do now adjourn. The qu estion be ing taken, upon a division, the motion was agreed to; ayes 19, noes not counted. Seetion 1. The educational interests of the state, to include common schools and other educational institutions, shall be under the management of a board of education,j which shall consist of the Lieutenant Governor, who shall be the presiding officer of the board, and have the casting vote in case of a tie, and one member to be elected from eachjudicial dist rict in the state. Sec. 2. No person shall be eligible as a memrber of said board who shall not have attained the age of twenty-five years, and been one year a citiz en of the state. Sec. 3. One member of said board shall be chosen by the qualified electors of each district, and shall hold th ne office for the term of four years, and until his successor is elected and qualified. After the first election under th tis constitution, the board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the board shall be chosen eve ry tw o years thereafter. See 4. The first session of the board of education s hall be held at the seat of government, on the first Monday of December, after their election; after which the board may fix the time and place of their meeting. No regular session of the board shall be held during the time the general assembly may be in session. Sec. 5. The session of te board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the board, the Governor may order a special session. Sec. 6. The board of education may appoint a secretary, who shall be the executive officer- of the board, and perform such duties as may te imposed upon him by the b)ard, and the laws of the state. They shall keep a journal of their proceedings, which shall be published'ind distributed in the same manner as the journals of the general assembly. Sec. 7. All rules and regulations made by the board shall be published and distributed to the several counties, townships and school districts, as may be provided for by the board, and when so passed, published and distributed, they shal 1 have theforce and effect of law. The convention met mrat 9 A. p t. ah was called to order by the PRESIDENT. Prayer by the Chaplain. The journal of Saturday was read and approved. iNo petitions or memorials were presented.I 36th Day.] 871 Monday] Report-3-Education and School Land8. Education and School Lands. ARTICLE The convention accordingly adjourned until .,Nlonday morning at nine o'clock. MONDAY,,Il,&RCH 2d, 1857. SCHOOL FUNDS AND SCHOOL LANDS. Sec. 8. The board of education shall have full provement. The proceeds of all lands that power and authority to legislate and make all have been, or hereafter may be, granted by the needful rules and regulations in relation to com- United States to this State, for the support of mon schools, and other institutions of learning, schools, which shall hereafter be sold, or dis that are instituted, to receive aid from the school posed of, and the five hundred thousand acres of or university fund of this state; Provided, that land granted to the new States, under an act of all acts rules and regulations of said board may Congress, distributing the proceeds of the pub be altered or repealed by the general assembly; lic lands among the several States of the Union, and when so altered, amended, or repealed, they approved A. D. 1841, and all estates of deceased shall not be re-enacted by the board of educa- persons who may h.ave died without leaving a tion. will or heir, and also such per cent. as mayv be Sec. 9. The Governor of the State shall be, granted by Congress, on the sale of lainds in ex officio, a member of said Board. this State, shall be, and remain a peirpettal Sec. 10. The Board shall not have power to fund, the interest of which, togethei withl all levy taxes, or make appropriations of money. rents of the unsold lands, and such otlheri means Tie contingent expenses shall be provided for as the General Assembly may provide, shall be by the General Assembly. inviolably appropriated to the support of com Sec. 11. The State University shall consist of mon schools throughout the State. a single institution, and the University fund Sec. 4. The money which shall be paid by pershall be applied to that institution, and no other. sons as an equivalent for exemption fi-om nili Sec. 12. The Board of Education shall pro- tary duty, and the clear proceeds of all fines vide for the education of all the youths of the collected in the several county for any breach of State, througb a system of schools. A school the penal laws, shall be exclusively applied, shall be organized and kept in each school dis- in the several counties in which such molney is trict at least three months in each year. Any paid, or fine collected, among the several school district failing, for two consecutive years, to or- districts of said counties, in proportion to the ganize and keep up a school, may be deprived of number of youth subject to enumeration in such their portion of the school fund. districts, to the support of common schools, or Sec. 13. The Board of Education shall each the establishment of libraries, as the Board of receive the same per diem and mileage, during Education shall, fcom tinme to time, provide. the time of their session, as members of the See. 5. The General Assembly shall take' General Assembly; and for other services, such ec he ra mby hlta Imeasures for the protection, improvement, or compensation as shall be provided for by the ther disposition of such lands s have been or General Assembly. ~~~~other disposition of such lands as have been, or General Assembly. a.'. ~~~~~~~may hereafter be reserved, or granted by the Sec. 14. A majority of the Board shall con- may hereafter be reserved, or granted by the bee.14.A maorlqy o th Boad sall on-United States, or any person or persons, to this stitute a quorum for the transaction of business: United State s, or any person or persons, to th is State, for the use of a University, and the funds Provide,, no rle, regulationa, or law, for the i accruing from the rents or sale of such lands, or regulation and government of the school or ed- f *. 1. ~~~~~~~~from any other source for the purpose afor esaid, ucational system shall pass without the concur- shall be and remain, a permanent fund, the inrence of a majority of all the members of the terest of which shall be applied to the support of Boar, whch sall e exressd bythe easterest of which shall be applied to the support of Board, which shall be expressed by the yeas Bard, hc aso h allb epassaed Thte sye of al L said University, for the promotion of literature, ind nays on the final passage. The style of all the arts and sciences, as may be authorized by acts of the Board shall be,' Be it enacted by the terms of such grant. And it shall be the thBorofEuainothSttofow. the teBoardms of Educh gration of the State of Iowathe" Sec. 15. At any time after the year 1865, the duty of the General Assembly, as soon as may Sec. n. A bt any tome a fter the year 186b, the be, to provide effectual means for the improveGeneral Assembly, two-thirds of each branch ment and permanent security of the funds of concurring, shall have power to supercede or said Uiversit said University. re-organize said Board of Education, and provide for the educational interest of the State in Sec. 6. The financial agents of the school any o~~~~~~ ther mannrtPhat tother civil pupsesunermuc regltosta any other manner that to them shall seem best funds shall be the same, that by law, receive and proper. and control the State and county revenue, for other civil purposes. under such regulations as School Fuznds and Schiool Lands. may be provided by law. Sec. 7. The money subject to the support ARTICLE -. ARTvICLE -. and maintenance of common schools shall be Sec. 1. The educational and school funds and distributed to the districts in proportion to the lands, shall be under the control and manage- number of youths, between the ages of five and ment of the General Assembly of this State. twenty-one years, in such manner as may be Sec. 2. The University lands, and the pro- provided by the General Assembly. ceeds thereof; and all moneys belonging to said Respectfully submitted, fund shall be a permanent fund for the sole use A. H. Marvin, Chairman, of the State University. The interest arising J. C. Hall, from the same shall be annually appropriated Lewis Todhunter, for the support and benefit of said University. George W. Ells, Sec. 3. The General Assembly shall encourage, A. Harris, (as a compromise,) by all suitable means, the promotion of intel- John Edwards, lectual, scientific, moral, and agricultural ima- I George Gillaspy. $72 [36th Day. [March 2d Monday] MARYIN. II I SCHOOL FUNDS AND SCHOOL LANDS. oionday] Mr. HALL from the same committee, present- can pacify investigation. Its guardians being, ed the following as the report of the minority to some extent, culpable for the losses, will beupon the subject of the school fund: come apologists and defenders of defaulters and Tihe undersigned, from the Committee on Ed- peculatiorn. ucation and School Lands, be, leave to make It must be remembered that this fund cannot the following report: be guarded and protected with shrewd and The attention of the committee has been par- watchful anxiety of self-interest. A loss cannot ticularly called, by the action of the convention, Iexcite the same exertion or inortification of a to the subject of the School funds as now vested |loss to an individual. The public never act and to a suggestion that the present mode of in- with the energy and promptness of the private vesting the moneys belonging to the School and citizen, nor can they ever be made conscious of University funds be abandoned, and some more |such a loss to half the extent that they would if permanent and secure mode substituted. it fell upon the individual citizen. This question has been discussed by the com- Under these circumstances, the undersigned mittee, but a majority have not been able to most earnestly insist that the school funds of agree upon another plan or mode of disposiug of this State should he collected together and persaid funds. manecntly invested in a secure anner; that the It is conceded that the present manner of' investment should be made so that the principal loaning the umoney is insafe and insecure, and can never be lost or squandered and the interthat some change is demanded; but the majori- |est will be promptly and certainly paid wh en thtsom-e change is dema~-nded; but the majoi ty adhere to the character of the investmenrts |due. This can be done by investing the mioney as now adopted, and look for a reform in the in selected State or United States securities or manner or system of loaning the funds. They bonds. This mode is objected to by some on seek safety by acting upon the agents of the the ground that these securities will only bring friads who are authorizd to make the loans. six per cent. interest, whilst the money can be In the opinion of the unc ned, treent loaned at ten per cent interest to citizens of the te op i nin o State upon real estate security. This may be system is radically defective, and cannot be fol-tr e p re esate se lowted without greatthazard of loss ot the prin true; but experience proves that the expense of lowvec without great hazard of loss of the prin cipl-irregularity ad confusion in colletin loaning, looking after the funds, collecting, discipail —irregularity and confusion in collecting 1tr4,buti'ng, and disbursing the ten per cent., reand disbursing the interest to the schools. The tr(buttig, and disbrsiu the ten per cent., redefect is radical, and in the system itself and dues this seein large per cent to perhaps cannot be obviated by action upon te public less than six per cent.; and a want of pr.)mptc'annot be obviated by action upon the public agfenits. ]ness in the collection and disbursement, creates continual disappointments, delays and troubles Under the present system, the fund has, and with the schools who depend upon the funds to will have, its thousands of borrowers, scattered pay the teachers throughout every county of the State. The hilst the one system insures promptness, puble~lets ho cntro th funs ca be Whilst the one system insures promptness, public agents who control the funds can be certainty, and security, the other pronuses nothnumbered by hundreds. It would be a, miracle, ng but in security, tardiness, delays, and disapi n d e e d, if all these borrowers and agents should intet t1eunesnedns r sp pointments, the undersigned mios-t respectfully p r ove punctual and honest-should be vigilant, competent -,-,d prompt. No one is s avisuggest that the liaitattion of State indebtedness competet and romp-,No one is so visionary,1 as t believe that such a system prohibits the State from becoming indebted to as to believe that such a system can be ca,rrietesfudmoetatohudeardffytiu on without some irregularities, failures andred ad fifty thou saId dollars. But would it not be wise to moodlosses; yet the inconvenience of a chance out- ta las B li te Se to boro weighls these considerations.ify that clause by allowing the State to borrow weighs these considerations. Th un e s g e i ful co v n e tht un a sufficient amount of the school fund to erect The undersigned is fully convinced that, und er the charitable institutions of this Stae? The the present system, the school fund has already necessity of such institutions is conceded. Comlost, beyond recovery, muore than fifty thousand mon humanity requires the earnest and speedy dollars; that losses will continue from year to action of the State in providing for the insane, year; that they are inevitable; and that the the blind, the deaf and dumb, &c. These instipermanent fund will, in this manner, be subject- tutions belong to our social system, and will last ed to a perpetual drain. Did these annual, or as long as humanityand civilization exist. The rather periodical losses, occur in a single case, expenditures should be commensurate with the it would startle the public mind; but they occur cause and the object. These institutions will in comparatively small loans-are not manifest ass down to posterity, and continue to amelioat once-their existence is known only to a par- rate and bless the poor unfortunate for thouticular locality-the -law promises a tardy col- sands of years. I t will be the pride and glory of lecion-the memory of'the loss and the law- this age to commence and lay the foundation of suit pass into oblivion together-aand the school this great system of governmental charity and fund suffers the loss without exciting public at- benevolence. To do this, we must resort to ditention. rect taxation. The assessor, the tax gatherer A spirit of selfishness in the public agents and local and State treasurer, and disbursing and borrowers will always nake them active in agents, are all to be hired and paid. Not more retaining the present system. They have an in- than eighty cents of every dollar paid by the terest, and will work. They have influence, andi people will find a place in the walls of these in 36th Day] 87s,3 [Tllarcit 1-d IIALL. 874 DISTRICTING THE STATE FOR JUDICIAL PURPOSES. [36th Day. GRAY-IIARRIS. convention. I therefore submit the following resolution: "Resolved, That a special committee of seven be appointed to report a provision dividing the state into judicial districts as herein provided; and providing that a district judge and district attorney be elected in each judicial district at the general election in October, 1857. "The first apportionment of the state into judicial districts to continue till the year shall be as follows: "The first district shall be composed of the counties of Lee, Des Moines, Henry and Louisa. st'tutions. The money thus collected is worth ten per cent. to the people, where the tax is levied. We have the school fund seeking a safe investment. Why not discharge the tax gatherer, and the score of agents? Let the people keep their money, and pay the interest on'he money borrowed from the school fund. This system will equalize the burden of erecting these institutions, by throwing a portion of the burthen upon those who come after us, and cheapen the system to all. Tile undersigned, therefore, most respectfully, but earnestly, recommend to the Convention the adoption of the following sections, to be attached to the schedule, or the article, " School Funds and School Lands:" Sec. —. For the purpose of establishing and erecting charitable institutions in this State, the General Assembly may provid:le by law for borrowing from the School and University funds such sum or sums that they may deem necessary for such purposes, for which they shall pay to the school fund interest at not less than six per cent. per annum. Sec. -. That the School and University funds that exist in choses in action, or that have been loaned out by any officer of this State, shall, when the same becomes due, be collected and paid into the Treasury of the State, and the General Assembly shall provide for the permanent investment of said fund, or so much thereof as is not required by the State to establish charitable institutions, in United States, or selected interest-paying State securities, bearing not less than six per cent. interest; and that no more of the School or University funds shall be loaned to individuals. "The second district shall be composed of the counties of Muscatine, Scott, Cedar, Clinton, Jackson and Jones. "The third district shall be composed of the counties of Dubuque, Delaware, Buchaian, Blackhawk and Grundy. "The fourth district shall be composed of the counties of Clayton, Alamakee, Fayette, VWinneshiek, Bremer,Chickasaw,Howard,Butler, Floyd and Mitchell. "The fifth district shall be composed of the counties of Van Buren, Jefferson, Davis, Wapel lo and Keokuk. "The sixth district shall be composed of the counties of Appanoose, Monroe, Wayne, Lucas, Decatur, Clark, Ringgold and Union. " The seventh district shall be composed of the counties of Taylor, Page, Fremont, Mills, Montgomery, Adams, Cass and Potawattamie. "The eighth district shall be composed of the counties of Mahaska, Marion, Jasper, Warren, Polk, Madison, Dallas, Adair and Guthrie. "The ninth district shall be composed of the counties of Washington, Johnson, Iowa, Powe shiek, Tama, Benton, and Linn. "The tenth district shall be composed of the counties of Marshall, Story, Boone, Green, Calhoun, Hunmboldt, Webster, Hardin, Hamilton, Wright, Franklin, Cerro Gordo, Worth, Han cock, Winneba-go-aDd Kossuth. "The eleventh district shall be composed of the counties of Harrison, Shelby, Audubon, Carroll, Crawford, Monona, Woodbury, Ida, Sac, Pocahontas, Buena Vista, Cherokee, Plymouth, Sioux, O'Brien, Clay, Palo Alto, Emmett, Dickinson, Osceola and Buncombe." Mr. fAPRRIS. I think the better way to dispose of this matter would be to have a special cotmmrrittee of seven, in order to have its memnbers pretty well distributed over the state, so as to get the sense of the whole convention in regard to it. I would like to assign to the convention one or two reasons that prompted me to this course. In the first place, I understand that the change made by the convention, cutting the number of judicial districts in the state from their present number to eleven, was to get clear of a portioni of the judges. Now I also understand that by a J. C. Hall, George W. Ells. Mir. GRAY moved that one hundred copies of the above reports be printed for the use of the convention. The question being taken, upon a division, the motion was agreed to, ayes 15, noes 9. Districting the Statefor Judicial Purposes. Mr. HARRIS. I have aresolution here, that I desire to present to the convention, as much for the purpose of ascertaining the feeling of the convention in regard to a certain matter, as for anything else. I shou,d have no objection to its being referred to a special committee, or to any other disposition of it that gentlemen may see proper, so that I can but obtain an entire expression of the sense of the convention upon it. The resolution is simply.in relation to districting the state for judicial purposes. I do not understand that any determination has been come to yet, by this convention, in relation to this subject. So far as I can learn, the committee to whom this subject would most i)roperly be submitted, would report against it. I merely desire an expression of the feeling of the [March 2d Moiiday] II i 36th Day.] DISTRICTING THE STATE FOR JUDICIAL PURPOSES. 875 portion of the constitution, which we have al- Mr. WILSON. Then things would have to ready adopted, no judge can be put out of his remain as they now are for two years. office until the expiration of the term for which Mr. HALL. Even if the constitution be adophe was elected. Every judge in the state will t the wtito eads continue in office for at least two years longer. ted, the legislature would be left to e distr t the State; and they could not do so under two Now I do not see how we are to cut the dis- years. In either case, things must remain as tricts down. The objection, to my mind is, that they are for two years, unless we remedy the some of the districts in the state are too small, difficulty more speedily by a constitutional proand there is not an equitable district in the west; vision. they are too large, and will remain so for two Mr. WILSON. In the event the convention years. And I understand that one county of shall refer the districting of the S tate to the considerable business is not included in any legislature, the General Assembly can meet next district at all; that is, the county of Mills. egislature the General Assembly can neet next winter and provide for the counties now unpro I present this subject in this shape, in order vided for, by attaching them to some district, to get some equitable provision in regard to the until such time as the State can be re-districted. west made in this matter. I would prefer to I would prefer to have this matter given to the have this referred to a select committee, aid committee on schedule. made a mere resolution instructing that committee to inquire into the expediency of so dis- Mr. HARRIS. As I remarked before, if this trictteinqgiri the epdstate. o s o d resolution can go to the committee on schedule tricting, the state. Ir. WILSON. I move to amend this resolu- as instructions, I have no objection to that tion, so that it shall instruct the committee on coursebeing pursued the schedule to inquire into the expediency of I would say one word more in regard to thi3 the proposed arrangement of the districts. That matter of districting the State. If that is done committee has, I believe, gone through with by this convention, then, as a matter of course, everything that was before them, except this the election would take place next October; and matter of apportionment. And they may as under the provisions of this constitution, the well attend to this matter as any other commit- judges then elected would go into office next tee. I bel.eve the different parties here are January. The legislature that meets then can about as strongly and fairly represented upon proceed to re-district the State, and you therethe committee on the schedule, as they probably by gain one year by the course I advocate, bewould be upon a select committee. sides the advantage of an equitable division of Mr. HARRIS. I would have no objection to the western part of the State. having this resolution referred to the committee As the gentleman from Des Moines [Mr. Hall] on the schedule in the light of instructions. has said, matters must remain as they now are MIr HALL. I would ask the gentleman from for two years, unless we proceed to district the Jefferson [Mlr. Wilson] if the committee on the State at this time. If the legislature districts schedule have had this matter under considera- the State next winter, the election for judges tion? will not take place until a year from next Octo AMr. WILSON. I will state that the committee ber, and the judges then elected would go into met together one time, but came to no definite office a year from next January. conclusion upon this subject. A report has been Mr. WILSON. I would ask the gentleman drawn up, and is now being examined by the from Appanoose [Mr. Harris], if the resolution members of the committee. What their final he has offered is a resolution of instructions? action will be I cannot tell. Mr. HARRIS. It is. Mr. HALL. I should be unwilling to send Mr. WILSON. Instructing the committee to this matter to a committee that has already de- report this plan of districting the State? cided against it. I have reason for believing Mr. HARRIS. That is the way the resolution that there are many counties in this state that reads now. B t I am willing to modify it, so will not have she benefit of a judiciary for the reads now. But I am willing to modify it so Ias to instruct the committee to district the next two years, unless some provision is made at in the etaist t here to secure it to them. I think it is our State, leaving the details to them. duty to relieve them from this difficulty. And Mr. SKIFF. I would be willing to support a to do so is of sufficient importance to justify our resolution to instruct a committee to make a rere-districting the state. port in favor of districting the State. As I un Mr. WILSON. I cannot see how any county derstand it, this resolution is one instructing in this state, though even now not embraced in the committee to district the State for district any judicial district, can go for two years with- attorneys, &c. out being incorporated into some judicial dis- Mr. HARRIS. The district attorneys are protrict. I presume there would be no difference vided for in another portion of the constituof opinion in this convention, in relation to call- tion. ing a session of the legislature next winter, if Mr. SKIFF. I would be in favor of instructnecessary, for this purpose. ing the committee to report in favor of district Mr. HALL. Suppose this constitution is re- ing the State for judicial purposes, and leave jected by the people? the other matters out. WILSON-HARRIS-HALL-SKIFF. [March 2d N 876 DISTRICTING THE STATE FOR JUDICIAL PURPOSES. [36th Day. IIARRIS-WILSON-aSOLOMON-BU KER'-IIA,LL. if the committee has had this matter under consideration? Mr. WILSON. I will answer the gentleman as I did the gentleman from Des Moines, ['Mr. Hall,] that the committee have had no formal meeting, for the purpose of canvassing this question, at all. We have considered our report as far as it can be considered at present, and it is now being submitted to the members of the committee for their examination and suggestion. Mr. SOLOMION. I would rather have that committee instructed directly in favor of dividinig the State into judicial districts, if it comes to that. This proposition, of re-distl'iCting this State, and electing a district attorney in place of our county prosecuting attorneys, changes one grand feature of our judiciary system. I think it is a good change, and that the sooner that it can be inaugurated, so that the people can enjoy the benefit of it, the better. And if we district the State now, the people will so much the sooner have the benefit of this change. Mr. WILSON. I wish to m.ake one further suggestion to the gentleman from Mills, [Mr. Solomc(n.] I cannot now state what the action of the committee on the schedule will be upon this subject. But in the event that the commnittee should determine against the propriety of now districting the State, it can provide in the schedule for attaching Mills county or any other county, to some judicial district, and the moment the constitution is adopted it would be in a judicial district, which would be sooner than if we should re-district the State. MIlr. HAIRRIS. With the permission of the convention, I will withdraw the resolution I have offfered, for the purpose of submitting another in a different form. No objeca trestion being made, the resolution was withdrawn. ir. HARRIS then offere d the f ollow ing r esolution: " Resolved, Thoat e it the com mittee on the schedule be instructed to report a p lan to divide the State into judicia l districts. " 3Ir. WILSON moved to strike out the word 'report," and insert the words, " inquire into the expediency of reporting," so that the resolution would then read,' Resolved, That the committee on the schedule be instructed to inquire into the expediency of reporting a plan to divide the State into judicial districts." Mtr. SOLOMION. I fezl a great deal of interest in this question, especially as it is supposed to be the most speedy tneans of getting my county into a judicial district. The statement has been mad e here this nnorning that my county-the county of q lills, is not in any judicial distric tat at p resent. Thre ficts of the case are these. A law was passed during the last session of th e legislature, chancing the seventh judicial dist rict, to which Mills coun ty belonged. By that law the district was re-composed off-ur or five other count ies, Mills county being left out. And, as the Secretary of State informs me, no action was taken by the legislature to place Mills county in any of the judicial districts. So, as a matter of course, sh e is no t now embraced in any judicial district. Mills county is quite a populous county, and there is a great deal of litigation in it, affecting large and important interests. And, in addi tion to tha t fact, I desire to state that I reg ret the disposition that seems to be manifested here to refer this matter to the committee on the schedule, from th e fact that I am directly informed, and I believe that th at committee have, to some extent, canvassed the propriety o f th is v ery me sure, but have n ot embol di ed it in their report, which is now made out, r eady to be presented to this Co nv ention. That, I think is equivalent to a reje ction of thi s whole matter. I would prefer, myself, to have this subject r eferred to a selec t c om mittee, to be composed of a larger number than the committee on th e sc h edule, the. members to be taken from all parts of the State. Mr. WILSON. The report of the committee on the schedule is not yet completed. We have only proceeded as far as we could under the action of the Convention, up to this time, and the report is left open for the further action of the committee. We had no intention to submit it to the Convention until we had obtained further act on of the Convention in regard to other matters. Mr. SOLOMION. I would ask the gentleman ed. i I i I (3farcli 2d !,,Ilondayl r. BUNKER. I sball vote for the amendnt, and then I think I shall vote 9.gainst the olution if not ampnded., J would vote for tructing the committee to inquire into the ediency of distracting the State, and then en they make their report, if the Convention ot satisfied with it, tey can amend it. But ould not like to absolutely instruct the comttee to provide for distracting the State. he questionwas upon the amendment of Wilson, to make the resolution one of inry. poll this question r. HALL called for t.e yeas and nays, and y were ordered accordingly. he question being then taken, by yeas anl s, the amendment was adopted; yeas 17, s 14, as follows: eas-The President, Messrs. Ayres, BuDker, rke of Henry, Clarke of JohnSOD, Day, Ells, ay, HolliDgswortb, Mirvin, Scott, Seely, Todnter, Traer, Warren, Wilson and Young. ays-Clark of Alamakee, Edwards, Emersor,, son, Gillaspy, Hall, Harris, Johnston, Palm Patterson, Peters, Price, Skiff and Solon. The resolution, as amended, was tlen adopt I LOCATING THE STATE CAPITOL, &C. SKIFF-PALMER-EDWARDS-HALL-GILLASPY-YOUNG, &c. Mr. SKIFF. I will withdraw my resolution, in order to allow the gentleman from Davis [Mr. Palmer,] to present his proposition directly to the convention. Mr. GILLASPY. This subject has agitated the minds of the people of this State for some time past; and I for one am very desirous to have this convention take some decisive action in regard to it. I would enquire if the convention, by a suspension of its rules, cannot decide this question at once. The PRESIDENT. They can; but it requires unanimous consent to suspend the rules. Mr. GILLASPY. I think that any member of this convention is just as well prepared to vote upon this question at this time, as they would bhe after it was referred to a committee, and reported upon, or laid over one day or more. The minds of the people of the whole State are turned to the two subjects embraced in this proposition. I would concede a great deal myself, in order to have the matter definitely settled, though I believe my constituents are in favor of the proposition introduced by the gentleman from Davis, [MIr. Palmer.] I think this question, of all others, should be determined definitely by this convention, for the benefit of the State at large. We have a number of the professors of the State University in this city, who are obliged to put up in the out-houses here. I think it is important this question should be settled. I hope, therefore, the convention will now consent to suspend its rules, and decide for or against the proposition at this time. Mr. YOUNG. I hope this subject will not be pressed to an immediate consideration at this time. For my part, I am not now prepared to act upon it. The PRESIDENT. As it requires unanimous consent to suspend the rules, this article will accordingly be laid over until to-morrow. Mr. SKIFF submitted the following resolution: "Resotlved, Thate olon the committee on the schedule be instructed to inquire and report upon the expediency of permanently locating the state capitol and the state university." MIr. PAL.MNIER. I move to amend the resolution by striking out all after the word "resolved," and insettin. g the following: "That the following be inserted as a separate article in the constitution: Section 1. The seat of government is hereby )eimatnently located, as now fixed by law, at the city of Des MAloines, in the county of Polk; and the state university at Iowa City, in the county of Johnson." tI r. SKIFF. I would be willing t o accep t an amendment to my resolution so as to require th e committee on th e sch edule to inquire i nto th e expediency of repor tin g such an article. The PRESIDENT. The chair is of opinion that the amendment of the gentleman from Davis, [Ar. Palmer,] is nlot s trictly in order to a resolution of inquiry. ir. EDWARDS. I th ink we bette r settle this question now directly. If we get a report upon this subject from the committee on the schedule, we will be no b etter prepared to act upon the question the n than we a re now. T he same amount of discussion would take place upon thei r repo rt that there will upon this article as now introduce h. If the gentleman from Jasper, [MIr. Skiff,] will so modify his resolution as to require the committee on the schedule to report a provision for permanently locating the seat of government at Des Moines, and the state university at Iowa City, I will go for it. But a resolution merely instructing the committee to inquire into the expediency of reporting such a provision, will but delay the matter without producing any practical results. MAr. HALL. I understand that the gentleman from Davls [Mr. Palmer,] has introduced his proposition here as a separate article in the constitutioin, and it is now upon its first reading. It relates to n subject upon which we have no committee. It is now before the convention as a separate and distinct proposition, to be. adopted or rejected. The only way we can act upon it is in that form, or to refer it to some committee for consideration. The PRESIDENT. If the proposition of the gentleman is to be considered as a separate article of the constitution, it will be considered as now having had its first reading, and unless unanimous cannot be given for its further consideration, it must lie over one day under the rules. Mr. CLARKE, of Johnson. I offer the following resolution: "Resolved, That for preparing an enrolled copy of the journal of this convention, and of the constitution, ordered to be deposited in the State Department, the Secretary of this Convention be paid the sum of dollars." I offered a resolution some days since, which was adopted by the convention, requiring the Secretary to prepare an enrolled copy of the journal, and the constitution, to be deposited in the office of the Secretary of State. I had intended to have submitted immediately afterwards a resolution of the character of the one I now offer. But the subject of fixing the compensation of our officers came up, and I did not get the opportunity to offer this resolution. I find that it is necessary to determine this matter, so as to enable the committee on expenditures to act upon it. I, therefore, offer 111 36th Day.] 877 Monday] [March 2d Locaiii?g tlte State Capitol and University. ARTICLE Seat o Goveriinte,,?t and State Unive2-,sity. Enrolling the Jourr,,al. ORDER OF BUSINESS. I oniday] CLARKE, of J.-TRAEt —T ODHUNTER-CLARKEl, of II.-liALL, &c. this resolution, and trust it will be adopted. The convention will understand that the original journal, as a matter of course, will be plttacd in the hands of the printer. Another copy must be made for the purpose designed in the resolution. fiage, proposing to submit to the people of this State, the question of striking the wo rd Mwhite" from the const itution. IMr. CLARKE, of Hlenry. I move that the convention resolve itself' into committee of the whole upon that resolution. Mr. HALL. I call the yeas and nays upon that motion. Mr. SKIFF. I would ask if there is any other subject which the convention can proceed to consider,f in case we rofuse to go iito com mittee of the whole upon this resolution? The PRESIDENT. Thie chair cannot say. This is the only unfin ishe d b usin ess before the convention at this tine. Mr. SKIFF. If there is nothing else for us to do, I will vote fo r going into committee of the whole. MIr. CLARK, of Alamakee, I move to amend the- motion to go into committee of the who le, so that it will be to go iato committeeof the whole to-niglht at 7 o'clock. ir. HTLL. There is no necessity for this convention to t ake up this matte- nDIw. There were very few alterations m,tde in the report of the committee on ed ucatio n and school lav nds, by the committee to which it was recommitted, andl there wTI as no necessity for its goibeen to the print er. The article on the s chool funtd was not al tered three lines fr om the way in which its was origitally printed. I can see no use in sending it to the printe r, unle ss to spin o ut the ti me o f this convention. All the changes made in that report can be explained in three minutes. I hope that some gentleman, who voted to send that report to the printer, will move a recotsid eration, s o t hat we m ay have i t ba ck aoain, an d proceed to consider it. Mr. CLARK, of Alamakee. I move to re consider the vote ordering that report to be printed. The PRESIDENT. That motion is not now in order, there being another motion before the convention, to go into committee of the whole uponi the resolutein reported from the select committee on the right of suffrage. Mir. G[LLASPY. The question involved in this resolution has been discussed more than any other question that has been before this conven tion, a.nd to my mind, and I have no doubt to the minds of a large portion of the people of this State, there has been enough already said upon the subject. I think that every member is now prepared to vote directly upon the reso lution. We have had political speeches made here, partizan speeches upon both sides; a suf ficient number of them, I should think, to satisfy every member upon this floor. I hope we will go to work this morning, so that wve may be able to adjourn on Wednesday next. I know that the interests of the people of this State dem~and it at our hanlds. I am very anxzious to get through here and go home. And *80 I presume is every member upon this fioor, As t o filling the blank, I can only guess a t the proper tmount necessary to pay the Secretary. The conclusion in miy mind is, that two hundred dollars will not be too much, or too little. I, therefore, move to fill the blank with that sum. The question being taken upon the motion to fill the blank with the words "two hundred," it was agreed to. The question recurred upon the resolution as, amended; and being taken. there were, upon a division, ayes 9, noes 2; no quorum voting. The PRESIDENT stated the question aga,n. MNr. CLARKE, of Johnson. I hope the convention will understand this matter. The facts of the case are, that some days since the convention passed a resolution requiring the Secretary to prepare an enrolled copy of the journal of this convention, and of the constitution, to be deposited in the office of the Secretary of State. That will require the Secretary to copy the whole of bthe journal, as the original must go to the printer. I think it is the duty of the convention to pay the Secretary for doing this. If I had thought that the question of fixing the salaries of our officers would have come up immediately tafter the former resolution was adopted I would then have fixed the compensation for this service. I desire to have this matter determined now, so that the committee on expenditures may be able to act upon it. The question being then taken upon the resolution as amended, it was adopted. Mr. TRAER. I would like to ask, for the sake of information, what the object of this resolution is. I understand that it is to pay the clerk for en-olling the constitution. The PRESIDENT. And the journal. SIr. TRAER. Is it necessary to have the journal enrolled? Mr. CLARKE, of Johnson. It is, in order to be deposited in the office of Secretary of State. Mr. TRAER. I cannot see the necessity of it, after this convention has ordered the number to be printed that it has. Mr. TODHUNTER. I would call the gentleman to order. There is no subject before the convention. Mr. TRAER. I merely desire to make an explanation. I think this is only voting money out of the treasury for that which is not necessary. The PRESIDENT. The unfinished business before the convention is the resolution leported from the select committee on the right of suf- [0'6th ])ay 8 1-8 [,31arcli. 2d t I Order of Bu-sineti. ORDER OF BUSINESS. SKIF F-CLARKI-WILSON-GI LLASPY-v ALL. who lives at any great distance from here, and whole upon this resolution, which I hope the who has not been able to go home every day or convention wilt do. I do not want to be called two. upon to act upon the report of the committee We have had this question in committee of on education and school lands, without having the whole some four or five different timnes. We that report before me. I consider that one of spent first an afternoon, and then an evening in the most important articles of the constitution considering this resolution. We then spelit tle before this convention, and I want to know just forenoon of the next day, and an afternoon of exactly what I am to vote upon before I give ai one day since upon it. And we have finally vote upon thalt subject. I hope the conventi)on adopted the report of the standing committee on will go into committee of the whole, and decide the right of suffrage. I hope the convention this resolution to-day. will this morning do one of two things; either Mr. GILLASPY. I did vote for the first night reject or adopt this resolution, and then go on session. The gentleman from Jtfforson [MNr. with' thie o" —ei, business of this convention. Wilson] wishes to create the impression that r I (do not Nwant to hear any more political wanted to dodge my former position, when the speeches here. I do not want to mike any nimy- question for a night session came up the second self. I lhave not said a word upon this res oll time. But upon that occasion, I stated enimphattion. I am willing to let it go to ihe peo)ple ically that I gave my vote agatinst the night without aniything further being said upon it session, upo(n the giound that the gentlenian here. If we go into committee of the whole, from Warren [MIr. Todhlunter], the geritleiiman and one more political speech is made there, the froiii Appanoose L[MIr. Harris], and the gentleo,'position will want to makle another in reply. man from Washington [MNr. Bunker], were too A,,d so it will go on from day to day, and there I unwell to attend. It was upon that ground, will be no telling when we shall be able to ad- and upon no other, that I gave that vote. I journ. I hope the convention are satisfied with stated so then anti I state it now; and the genwhat has alreiady been said upon this subject, tlemen to whom I have referred will bear me and that we will go on and take a vote upon this witniess to that effect. resolution this morning. Mr. HALL. This subject of schools and The question was upop, the motion to go into school lands has been before this convention Jor corimittee of the whole upon the resolition of a long t,ime. It was most thoroughly discussed the special conmmittee, at seven o'clock to-night. in committee of the whole, and also in conven r. SF. I woud ask the mover o tt tion; and it was then re-committed to the com. motion to withdraw it, so that we may have the mrittee on education atid school laends, two mniemquestion taken upon reconsidering tl-he vote or- hers having been ad(ded to that committee. That deriugr the i-eport of the culnit- nd n|ommittee oed atio comitee have unianimously reported the sutb and school lands printed. ject b,-tck to the convention, after making such and Lctiol land s p inted. Iametidtenti; as they considered neoeessaiy, aLnd IMr. (CLARK, of Alamakee. I will withdraw amednent as they cosidered neesaly, an which were suggested by members of the conthe nmotiont to go into committee of the whole at tii we tedby ais o he vent ion, two t,r three modificaoionis only. They ? o'clock. *7 ob~~clock. ~have divided the subject into two articles-one MIr. SKIFF. I would like to!have the question upon education and schools, and the other upon taken upon the motion to re-consider the order- the school fur atid school lands. The one up)on ing the school report to be printed. Itf tott is education and schools is the only one in which not carried, I will then vote to go into committee any changes whatever are made. The other arof the whole upon this resolution. ticle remains, with some slight alterations made The PRlESIDEN7T. The question now recurs in convention, as it was printed before. There upon the motion of the gentleman from Hetnry is no earth-ly necessity at &ll for having those [Mir. Clarke] to go into committee of the whole reports printed again. There are but lwo or at this timle. three lines of change in the article on the school 5Ir. WILSON. I wish to say a few words in. fund and school lands; mere clerical ametidreply to the gentleman fiom Wapello [MNr. Gil- met, hich any meber can mae in fie lasi-y], who seems to have got into a geat hur- mitutes in the report as already priited. The ry -iag,i n. This convention ha,s held one night iother one is as it passed through the committee session, for which that gentienmatl voted. An of the whol(e, atnd as it was amended in the coneffort was made here again to have another ventin, wi,h two or three exceptions. One night session, and that gentleman voted against 1inendoteit pioposed is to make the Leutenant t e attempt was mde to geta niht Governor the president of the board of educa t.Asess on,] adthtgemptlwasmade tote aget.. igh ses,ion, (-id that gentlerman voted against i, tion another is, to give executive powers to tile n I oted the first time nt aving a secretary of the board; another is, to take the nigh vesot,bcued wated frto timoe gant havig ht esion ecaus I wanted to devote tt eto power from the Governor; another is, to time to uomntttee. But I votezd forit the othler give to the legislature the power to modify or timnes, but thle genltleman was noxt willang to abolish this board of education, after the year have them then. But now he is getting into a 1865. These are the only important amendments hlurry7 agavin. Irecommended by the committee. Now I know of nothing before this convention This report was made unanimoulsy by the for us to do, unless we go itito c, irmittee of the committee, and there was no necessity for de ',9j6th Day.] 87 9 'Vlonday] [Mareli 2d ORDER OF BUSINESS. laying its consideration until to-morrow morn- this discussion for days together. But I ask ing, in order to have it printed. If gentlemen gentlemen if it will change the vote of a soli cannot understand it as it is now, after the dis- tary member upon tLis floor? Are not gentle cussion we have had upon it, they will not un- men just as ready and as well p)repared now to derstand itafter it is printed. vote upon this question as they will be after a It appears to me that this is only an effort to protracted discussion? I think they are. I do stave off this question, endeavoring to postone not now intend to say a word upon the merits it, to worrv out this convention with this b- of the question. Gentlemen understand the ject. I hope the convention willreconsider the question perfectly. If gentlemen of the major vote, ordering that report to be printed, have it ity are willing to vote for the proposition now back here againr, and take it up and dispose of before them, let them place their names upon it, so that it can go to the committee of revision the record to that effect, and let them go before and be prepared for its tLird reading. We have their constituency and defend themselves in little time enough, if we adjourn on Wednesday that respect, if they can. These are nmy views next, to close up our labors by that time. I call upon this subject. I hope that the convention upon all members who voted for the resolution will not resolve itself into committee of the to adjourn on Wednesday next, to sustain me in whole upon this subject at all. this matter. Mr. CLARKE, of Henry. I would suggest to MIr. GIBSON. I hope the convention will not those gentlemen who have so much to say about go into committee of the whole upon this res- saving the time of the convention, that when we olution at present. It seems to me that such a have finally adjourned, if they will look to the course is uncalled for. If there be any abso- reports of our proceedings, they will find that lute necessity for going into committee of the more time of the convention has really been whole it would be better to do so at seven wasted by these discussions, in what they claim o'clock this evening. I cannot see any real neces- to have been efforts to save time, than by dis cussions upon the great principles that h,ive sity for going into committeeofthewholeupon cussions upon the great principles that hive this question at all. As has been already re- come up here for our action; and that these marked, there has been a discussion on this very men who are eternally talking about sev question ever since the commencement of this ing time, are the ones who have consumed the session. I suppese every member here is as most. fully prepared nowto vote upon this question, Mr. GILLASPY. I hope the gentleman does as he can be after another week's discussion. not allude to myself. I find a disposition on the part of some gen Mr. CLARKE, of Henry. The gentleman retlemento claim that we are gettingin too great a minds me in this matter of the man who, passhurry, especially after we have spent an eve- ing along where there was a free fight going on, nling in committee of the whole upon this sub- stopped and very innocently inquired whether ject. It is very well understood what gentlemen' that ar was a free fight." They told him it mean by this char ge. I say that, ia a party was. Then said he " I'm in." He threw off his point of view, the democratic party of this con- coat and joined in, but receiving more blows vention have not spent the time usually allotted than he gave, he again made the inquiry-" is to the business of this convention in discussing this ar a free fight?" And when they told him this question. It is true the members of the it was, then said he "I'm out." (Laughter.) democratic party did occupy one evening of the And so it is with these gentleman who are conconvention, referred to by the gentleman from tinually talking, boat wasting the time of the Jefferson, [NIr. Wilson.] But it is well known convention. They join in when it is a free fight, that the opposition spent the whole of the next and consume a whole evening, but receiving day, both the morning and afternoon sessions, more blows than They ga e, they now want to in discussion upon this question. They spent get out. (Laughter.) more than double the time in arguing this I am rather surprised at the position of the question, that the democratic party did. gentleman from Des Moines, [Mr. Hall,] in re When gentlemen on the other side wish to gard to his report on the school system. He make political use of this matter, let them seems to be afraid to have it printed and prespecify what has been done, and let the people sented to this body for close examination and know that they have spent a whole day in the scrutiny. It is certainly not the same report discussion of this question, while we have only that we had printed before and laid before us spent an evening, at a time when we were not for examination. The gentleman cannot forget, occupying the regular hours of the sessions of certainly, thatheimplored us, from timie to time, the convention. I believe, from what I have when we came, in the order of business, to the seen here, that the Democratic party are willing consideration of this report, not to take it up to let this matter rest here, and come to a direct then; that he was not in a situation to enter vote upon it; and if we are voted down, they upon its discussion; and it was accordingly will cheerfully submit. They have no anxiety postponed, from time to time, at his request. It for manufacturing capital out of this question. has been a subject upon which the minds of the I think the gentlemen of the majority are press- convention have been less united, and less preing this question a little too fast. It is true Ipared to act, than any other subject which has they have the power to prolong and protract come before us. Gentlemen have gone on and 880 [36th Day [March 2d 3loiidayli GIBSON-CLARKE, of II. —GILLASPY. I I I Monday] GIBSON-SCOTT-MARVIN —IIARRIS-WILSON-SOLOMON, &c. L3larch 2d amended that report, until the gerntleman from Des Mloines himself does not recognize it. I hardly know what it is now myself; and I presumie other gentlemen are similarly situated. The amendments made to it have come in separately, and we have not seen them together. WVe have not had an opportunity of comparing them together, to see how the system, as now perfected, is going to operate. If this committee, after taking up this report, which has been considered here iti convention, have sent it back to us with such essential modifications as they have reported, I ask may not some other gentlemen, when they come to consider it, suggest some essential modifications that would improve it? I desire to have the report before me, to see what there is in it. I like the genrtleman's plan for some reasons, but there are other things in it that I do not like. I wish to have the report printed, so that I may have it before me for examination; and perhaps I may then find that all the objections which I have to it will be removed. It was for this reason that I voted for the printing of this report. I am opposed to holding evening sessions. We are all worked hard enough during our regular sessions, without having to come up here evenings to spend three or four hours more. We are all more or less suffering from geneial debility, in consequence o, our close confinement here, during the day time, without being compelled to hold eveniing sessions. MAr. GIBSO-N. So far as this free fight is concerned, if we are in it, we are prepared to stay in it. We do not ask to get out of it; and if we are whipped here, we mean to appeal to a higher tribunal. Gentlemen on the other side need not get up here and say that we want to back out of it. If we are in it, we are ready to meet the issue, and if we are beaten, I repeat again, that we will appeal to a higher tribunal. Mr. SCOTT. I wish to ask the gentleman one question. Do es he really mean to appea l to a higher tribunal? (Laughter.) por. GIBSON. Yes, sir, we do mean t o a ppeal to a higher tribunal. Mlr. MARVIN. I wish to inquire whether this resolution of the select committee on th e righ,t of suffrage, is now in the hands of the conventi on? Th e com mittee of the who le re - ported it back to the conve ntion, and a sked leave to sit again. If we have ha d leave t o sit atoaiti upon this matter, is it not really in the hTands of' the committee? The PRESIDE,NT. The chair is of the opinisl that the committee of the whole reported it back to the convention, and that they were discharged from its further consideration. sar b N.AiIvie. Iy imp ression was that they were not discharged; but that they asked leave to sit a~gainI. TIhe P'RESIDENT. The opinion of the chair is, that the committee of the whole were dis. charged fromn the further consideration of the su bject. Mr. HARRIS. I would like to inquire of the ch air in what position the question is now placed before the convention? Th e PRESIDENT. These resolutions are now before the convention upon the ir second reading, ant open to aentndment. A mnot i on to commit them either to the committee of the whole, o r to arny othe r committee, wo uld be in order. Mr. WILSON. Is there amotion now pendirg to go into committee of the whole, up o n th is question? The PRESIDENT. There is. Mr. HARRIS. So fsar as consuming the time of this convention upon this subject is c oncerned, thart char ge cannot be laid to me. If gentlemen thin k it necesstity. in order to place themselves in a proper position i efore their constituents, that they should e be heard upo n this qrloestion, I have no objections t o swying, the y may have the opportunity to spread their speeches upon the jour al. I desire to come to a direct vote upon this question. I am opposed to going into committee of the whole; but if we must go into committee of the whole, I would prefer to do so this evening. Our several committees can do nothing while the convention is in session. If we can talk about nothing else than this question, let us adjourn and give the committees an opportunity to consult together. I am in favor of reconsidering the vote ordering the printing the report of the committee upon schools. In saying this I do not commit myself to any particular system; but I think that we shall save one day's time by reconsidering. The PRESIDENT. The question is, shall the convention resolve itself now into committee of the whole for the purpose of considering the report of the select committee on the right of suffrage? MIr. SOLOMON. I move to amend by saying seven o'clock this evening. Mr. BUNKER. I for one, am not now prepared to take up the report of the comn,ittee on schools When that report,was first made to the convention it appeared to be quite elaborately drawn, and there were principles involved in it, which I could by no means support. The gentlemen from Des Moines, [Mr. Hall] has labored hard in this matter, and I disliked very much to place myself in opposition to his report. But there were principles in it which I could not support. It has now come back from the comm;ttee, with many alterations, which are material. I wish to krnowr what I am vw ting upon, and am not, therefore, prepared to act upon this report, until it is printed and I have had an opportunity of examining it. Mr. HALL. One branch of the report has been before the gentleman since the first week of the session, arid has passed through the ommittee of' the whole and the convention, without modification or change. The report,,as the gentlleman must be aware, is divided into two articles. I speak in relation 8 6th Day] ORDER OF BUSIN ESS. 881 ORDER OF BUSINESS. CLARK-tIALL-TRALR-CLARKE, of J. —KIFF-E1)WARDS. to school funds and lands. Can gentleman say Mr. TRAER. I move that the resolution be they want that printed? Surely not. It would made the sp)ecial order fori this evening, in com only be,a reprintt of what hias already been mittee of thi wbijle, at 7 o':eck. lirinted. There are not five words altered in it. Mlr. CLARKE, of Johnson. When this sub There are only three modifications mltde in the ject fi,st came ip, the minority upon this floor other artiele, one of which " as presented by the were very anxious to have it discussed in cotn gentleman from Henry [\lr. Clarke]. Another lnittee of the whole in evenint[ sessij,ns. But has been rep)eatedly, d.iscussed in the convention, since they have once had the privilc;4e of disand a-nother was on0ly the taking off whait the cussin g i- eveninlg sessions, two motions have convention had added to the original report- beet,iie,, g inito commnittee of the whole in and that is the veto power. There is but one,:ij,,:h the view of taking up this serious change made in the report, from the timne. - i':,j, Jl i:: have been voted down. I am it c'lile fiom the comnmittee of the whole; and oppI,,) V t..king it up this evening, for the that is the proposition of the gentleman from reason that there is to be a lecture which I deHenr [E\lr Clarke]. sire to attend, and which I aippiehend other I.-n willing to devote any reasonable time to genrtlemneu here would like to attend. this questionl but believing that the opposition So far as this question is concerned, I am wh-ich is rmanifested n.re to it, is assumed more ready to vote upon it now. I have no wish to out of general hostility to the measure itselfi discuss it any further myself. As the conventhan froim inythiug else, I must persist in hav- tioni have refused to go into commnittee of the in, at least that portion of the sch ool report, whole upon this subject, an( if there be any which remains as it was originally printed,,likelihood of forwarding our business by it, I taken up and acted upon. There is no real ne- would just ats soon vote upon this question now cessity that we should not do it. The report, as at any other time. w ith thue amendments which 1 have mentioned, is presented substantially as it came from the Mr. LL I think the gentlemn from hand of the committee. If the committee had Johnson [.Mr Clarke] is very muchl mistaken. inot, after the most mature delibcration, come After that resolution ctame in, the nminority never to the conclusion to recommend this matter to opened their lips util its ietids lad discussed the convention, I would not say one word. But it for a whole day They then voted for an eveaf'ter the time we have already expended _ pon aftep the timne we have already e~xpenlded upon ning session, in order thaft this subject might be this matter, I do not deem it proper to delay it disposed of there, aud that it might not inter faere with the regular sess,ion. We have not bany lonerl. If gentlenien were so disposed, fere with the rel session. Ve have not believse we could come to fa vote, and dispose of occupied one hour of the regular sessions of the this question very soon. convention in the di-cussion of this question, and we are not responsible for the time that has Mr. CLARK, of Alamakee. I cannot seebe .LXlr. CL.,RK, of Al,-tmakee. I cannot see been wasted upon this resolutigtn. The speeches the necessity of printing so much of the re- aed * ms niade upon our side were provoked by a most port of the committee on the school qu(estin ad upo n ou r side were pgnte, .sc p e., I violent speech from)ni the gentleman fromt Lucas, as has been once printed. I am satisfied that [ [* lr. Edwards.] Gentlemien Uupon the other side there is no materla.alteration in1 that pawrlof' t ere is no material alteration i that part of now charge this waste of time upon the minortlhe repoit to which the gentleman from Des, fter we have been dragooned r * rsr n l~~~~~~~ty, aw~l this~ too, after we h'[ve besen drangoonedl Mloines [Mlr. Hall] alludes, and I cannot see the it an sthis t necessitv.. ~~~~into sayinig something; aq.fter we have hatt necessity for incurring the expense of printing nS it,, and. to. r.nui speeches here evidently intended to provoke us; it. atnd subjecting ourselves to the delay thereby sujct ngouselo'dl t e lymid after we h.ive persisted in our silence for five or six hours. I am willing that the con The PRESIDENT. The question is now upon vention sha lll go Tnto committee of the whole in the motion of the gentleman from Johnson [Mr. the evening; but I -m unwilling to devote the Clarke], that we go into committee of the whole regular session of the diy to this matter. on the right of suffrage. on the right ot sufrage. IMr. SKIFF. I call the previous question. Upon this question, MIr. HALL cilled for the yeas and nays, and Mr. EDWARDS. I hope the convention ill they were accordingly ordered. they were accordingl~y ordered. not sustain any gag law, when a member has been attacked. The question was then taken, by yeas and cked. nays, and the mnotion was not agreed to; yeas The PRESIDENT. Does the gentleman de15, n.-ays 17, as follows: Hire to make a personal explanation? Yeas-The President, MTessrs. Bunker, Clarke Mr. EDWARDS. I do. of Henry, Clarke of Johnson, Edwards, Ells, The PRESIDENT. The Chair thinks that the Gower, Gray, ilollingsworth, Marvin, Scott, gentlerman would then be in order. Seely, Skil-, Wilson aniid Youig. @tela Skiii \Vilson an~l Yourg. Mr. EDW ARDS. I reiterate whatlsaid upon Nays —Messrs. Ayies, Clark of Alamakee, Day, a former occasion, that I was itiduced to make Emerson, Gibson, Gillaspy, Hall, Harris, JohII- the speech I did. from wlhiat had been said here stun, Palner, Patterson, Peters, Price, Solomon, during onu::,lf day, by get:.e men upon the opTodi tinter, Traer and Warren. posite sile in politics with myself. It will be Tue PRESIDENT. What disposition will the recollected th,tt a report wits made here by a convention make of the resolution? szlect committee, upon a. matter which had been 8 8 [36th Da-y Monday] LMarch 2d I ORDER OF BUSINESS EDWARD,-PFtIaE-CLARItK-GOWElR. jority report. As a memnber of the majority of the committee he stultified himself in recommending that the word "white" should not be stricken out; and yet hle abuses the minority of this committee, and objects to their report for making the same recommendation. I have not mingled in this debate heretofore nalthough I ani in the habit of talking in a cal'pation,a when such subjects come up. But after what has fallen from the lips of the gentleman from Lucas, [Ailr. Edwards,] I shall consider myself bound to replly to his remarks, if this subject shall again be opened for discussion. I shall vote against the proposition of the gentleman from Johnson, [MIr. Cltrke,] and against the pro)osition of any gentleman in the Conivention, to re-open and re-argue this matter here. I desire to bring this question to a direct vote. It has been made a political matter upon both sides; and, although rel)ubli(cains have taken more part in the discussion than the democrats, and have occupied more time, I shall vote against holding an evlening session, or occupying any further time, for the purpose of reopening and re-discussing this question. Itto-)wever much I may desire to reply to what has fallen from the gentleman from Lucas, [AIr. Edwards,] I forego this privilege, for I desire that the time of this Convention shIall not be further consumed. For that reason I hope the yeas and nlays will be taken upon this question, so that it shall be shown upon the record who the gentlermen are that desire to prolong the discussion of this question, and keep it before the Convention for the purpose of making political speeches. Des Moines [Mr. Hall,] tnade a very elaborate report from the minority of the committee upont this question, which they desired to lave printed. It would theii be endorsed by the convention. and go before the country, a garbled, exparleI statement, without being answered. When I witnessed the manoeuvring of the geT,tlematn for half a day, for the purpose, as I conceived, of putting the republictn party in a false position before the people, I felt justified( then in making the speech I did. That speech whether right or wronlg, has now gone upon the records of the convention, and the people wrill ldeteriminne whether I was justified or not ii mra kint tlie i emarks [ did under the circumstatni(es. I rep e tat that I felt justified in making the speecli I did, after seeing the conduct of the gt..tlenman, in spending lhalf a day in manoeuvring, for the piirpose o,f getting the convention to print and endorse his report, which was so elaboratelvy drawn up, and which has since been printed in the " Daily Reporter" of this city. It has ibeen sent forth, under a complete misapprehension of the faitcts, as I think. and the impression is evidently intended to be created, that there has been an attempt on this side of the convention to gag the minority. I say that there has been no such thing The printing of that report was altogether unnecessary; and would have been unfair and unjust, if it had been allowed. MAr. PRICE. As one of the minority of the committee that made the report upon this subject I cannot suffer the remarks of the gentleman from Lucas [Mr. Edwards,] to pass uncontradicted. I hardly know what is meant by the expression, that the minority have made a garbled report, and that they were desirous to get the endorsement of the convention for this report, by obtaining their permission to print it. The mere printing of the report by the convention would be [1o endorsement of it. It was but an ordinary courtesy of the convention to permit the minority, as well as the majority, report to take the usual course, and be printed. lf the convention had sanctioned the proposition to print the minority report, it would have been no endorsement of it by the convention. The gentleman from Lucas, [Mr. Edwards,] when he made his speech, and descended into the political sewer, and became a political scavenger upon this subject, stultified himself, and departed from the recommendation of his ma Mr. CLARK, of Alatmakee. I voted against going into committee of the whole, because 1 desired to proceed with the business of the Convention. I have become convinced that any effort on the part of the Convention to stave off this matter is useless. Discu.ssioni must inevitably come, and it may as well come now as at any other time. I therefore nmove to reconsider the vote by which it was determined that this matter should not go to the committee of the whole. Mr. GOWER. I do not intend to make a speech upon this question: but I wish simply to put myself right upon the record. It is very well known to the Convention that I have felt anxious in regard to the disposal of the school fund, and 1 desire to act in this matter freefrom all political considerations. Prior to the action of the committee on education and school lands, I had conversed with the gentleman from Des MNoines, [Nr. Hall,] in regard to the disposition of the schtool fund of the State, He approved of the plan which I suggested, and I understood him to say that he would assist me in carrying it out. I offered a resolution here embodying mv views in regard to this matter, expecting that the gentleman from Des Mloines, [Arll. Hall,] would come to my aid. After it was introduced I received the impression that the gentleman f om Des Moinles was going to oppose it, and in conversation with some of my political friends, 883 36th Day.] [17vlarch 2d Illondayl ORDER OF BUSINESS. 3Ionday,l IIALL-SOLOMION-HARRIS-TODHUNTER, &c. they confirmed me in the opinion that he was intending to oppose it. I then got up and with. drew it. How am I met? I find that the very persons who proposed to favor my proposition, now oppose it strenuously; and I find that the gentlemtn from Des Moines is ready to espouse it. Now, gentlemen, I am ready to support this report; and, in so doing, I hold myself free from all political considerations. I support what I believe will tend to promote the best interests of education, and I think that in a matter of this kind we ought to rise superior to all political considerations. The PRESIDENT. The question now before the conivention is upon the motion madeby the gentleman from Alamakee, [Mr. Clark] to reconsider the vote just taken by which the coinmnittee refused to go into committee of the whole upon this resolution. ohr. HqALL, Will this motion supervede the other question before the convention? decision of the Chair be correct, and I suppose it is. Mr. WILSON. I would ask whether a motion to reconsider another vote which was not stated by the Chair, can tak e precedence of the motion now made te reconsider. The PRESIDENT. The Chair is of the opin - ion that the motion of the gentlemon fr om Alamakee, [Mr. Clark] will take precedence. Mr. TODHUNTER. I voted against going into committee of the whole upon this question. I did so under the conviction that we had already had enough of this discussion in a political shape. I am t old, however, by members that we are compelled to have this discussion, and that we cannot get rid of it. The re are matters now pendin g before the convention that must and will require this discussion. There is no man upon this floor more anxious to get hoa e than I am, an d that wa s one great reuson with me for voting against takin g up this resolution. I kn ow if this question be presented here to-day in committee of the whole, that we shall not get rid of it to-day, for we have upon our side of the convention some two or three members, who are big with speeches of which they must be delivered. I am satisfied, tha t there are o r o three or four upon the other side who are in the same condit ion. W v e ha ve, already a threat from one of them upon my left, [Mr. Price.] that he must answer the first speech which is made upon this question, and he tells us that he is a consderable debater upon these Kansas matters. So if we must go into this matter, we must continue the discussion nearlv the whole day and perhaps to-morrow. If this matter must go on, we might as well have it the discussion to day as at any other time. I am satisfied that, so far, we have come off the best in this matter, and that our opponents do not want any more of this discussion. They now want to back out of it, and that was ano ther reason why I voted against going into com mittee of' the whole, as they seemed disposed not to continue it. When men cry II enough," in a free and general fight, then I say let them alone. But my friends are not now willing to do that. I shall now vote for a reconsideration, believing that this question can be as well dis posed of now as at any other time. We have already had a threat from the gentleman from Pottawatamie, [Mr. Price], that he would reply to the positions that have been taken by gentle men upon the other side. I do not see that the discussion can be postponed. Mr. PRICE. I desire simply to make an ex planation, so far as the remarks of the last gen tleman are concerned. I did not say that I was a considerable debater, and I did not assume any peculiar powers in debate. Neither have I made any threats so far as this question is con cerned. I said that, although remarks had fallen from the gentleman from Lucas, [MSr. Edwards], in the discussion of this question, which wvere sufficientl to provoke an answer from me, and which I should feel bound to answer, if this de The PRESIDENT. The Chair i s of opinion it will. The rule upon this subject is as follows: " When a mnotion has been made and decided in the affirmative or negative, it shall be in order for any inetnber, voting with the majority, to move for a reconsideration thereof, on the same or the succeeding day, of the sitting of the convention, and such motion shall take precedence ofall other motions, except the mniotion to adjourn." Mr. SOLOMlO0N. I hope the motion to reconsider will not prevail. We have refused to go into comnmittee of the whole upon a question, in the consideration of which we have heard gentlemen discuss subjects that have nothing to do with it. This is the reason why have invariably voted against going into committee of the whole upon this subject. We have voted down the proposition to go into comnmitte ofthe whole, upon this matter.'he question now pendi ng i s to go into committee of the whiole upon t h is question at seven o'clock this evening. If we reconsider the vote already taken and go into committee of the whole upon this question now, we shall spend this whole day in discussion upon the Kansas and Nebraska bill. The people of the country have voted already upon this question, and the voice of this country has been pronounced upon it. I hope,-;ewill not reconsider the vote by which we refused to go into committee of the whole, but that we will now lay aside all this discussion upon political topics and proceed at once to the consideration of the school question, the most important question which this convention has yet had before it. Mr. HARRIS. It strikes me that we have a question of reconsideration previously introduced. There was a question made to reconsider this question of printing. The PRESIDENT. The Chair did not understand that it was seconded. M r. HARRIS. I sec on ded i t myself. I think that would be the first question in order, if the 884 [36th -Day [14a,rch 2d ORDER OF BUSINESS. GILLASPY-PALMER-HALL. Lucas, [MIr. Edwards.] He makes the charge that this discussion has growt out of the report made by the minority of the committee upon the right of suffrage. I wish to say, by way of a preliminary remark, that this report was a copy of a report made by a committee upon this subject in the first constitutional convention that was held in this State. If that report provoked this discussion, all I have to say is, that the gentleman so far forgot his subject as not even to make mention of it in his whole speech. He did not attempt to refute a solitary argument contained in it, and indeed I could quite believe that he did not even think of it during the whole time he was making his speech. I have made this statement as to the origin of the reI port in justice to myself and my colleague, who ,joined with me in making it. I wish to say one word for the benefit of the gentleman from Warren [MIr. Todhunter]. If it be evidence t o th e mind of that gentleman, tha t because we upon th is side of the convention are disposed to devote the time of the convention to its legitimate business, we thereby acknowledge ourselves defeated in argument and overwhelmed by words, I will not have the least dispute with him. If the gentleman, and others who act with him, think that there has been enough said already to overwhelm the position assumed by the democratic party in this and the other states, I will have no dispute with them in that respect. But if gentlemen in the majority feel that during the few hours the other night there were arguments made and positions taken, which require them to occupy another day, or a longer time even, for the purpose of refuting them, then it appears to me that they are the ones who wish to fight the battle over again. I do not wish to deprive them of this privilege. If they are not satisfied, and if they think that more time of the convention must be spent, irn order to meet all that heas been said already upon this question, why, gentlemen, go on. rout I prefer that you should take the evening for this purpose, as we did. I feel anxious to get throug,h with our business. We have nothing more of importance before us, except the articlts on education and schedule, and the third reading of the constitution. My private business is of such a nature, that I cannot remain much longer here, and I may be compelled to leave before the convention shall conclude its sessions. One word for the benefit of the gentleman from Henry, [MIr. Clarke.] That gentleman has the privilege, not only of lecturing his political friends, but his political opponents. We have had constant and repeated curtain lectures from that gentleman, ever since the convention commenced its sessions. Of this I do not wish to complain; it is ail right and proper. But I hope, as we draw near the close of the convention, that that gentleman will be very mild and lenient, and when he says gentlemen upon the other side have occupied too much time, that he will not forget, that he has had his full share of bate were permitted to go on; yet I was willing to forego all this in order that this question mighlt b e settled, a nd tha t th e legi tima t e business of th e convention might proceed. I did not arrogate to myself powers in debate, political or otherwise. The gentleman misrepresents me. If this debate should proceed, of course it would follow, in the n atur al order of things, that I, ais a member of the minority of the committee, wou ld feel myself bound to reply t o the g en tleman from Ldcas, [.Ntr. Edwards.] With this explanation, I ho pe t he c onventi on will be satisfied; and I hop e that no gentleman will think that I arrogate to myself powers in debate, or in any other way. dIr. GILLASPY. I ren ret to see that dmy friend from Warren, [mlr. Todhunter,] is a gentlemran of such easv v irtue. He says that his friends have repres ented to him that this discussion has to come and shall come, and he tells u s n ow tihat he i s going to vote that it shall come; when upon h is very last vote h e sai d it shoould not come. If the majority say that we must have it, le t u s have it in broken doses, and speeches of fifteen minutes in length in the conventionl, and not in speeches o f three or four hours duration in committee of the whole. -ir. PALt IER. I di d hope that we should be ready to adjou rn on Wed nesday next, in pursuanc e of the r esolution already adopted. But it seems there are g eteentlemen upon this floor who are determined to forc e us into a patrty debate in th is conve nti on, to last perhaps for several days, and which will hav e the effect, perhaps, to proloni the sessions of the conventiotI a week longer than we intended. It is evident, fr om th e remark s made by the gentleman from Des atoines, [cIr. Hall,] abo ut t he situat ion o f th e s chool report, that if we take it up nown, we can d ispose of it very soon. We had a vote once this morning for the purpose of taking it up, but the convention would no t go in to ommittee of t he whole up on that subject but entered upon ano ther d ebate. Gentlenmuen who were opposed to renewing this political discussion, say now that they have become convinced that this party fight must come, and the sooner the better. I am not willing to prolong the session at great expense, and to the inconvenience of members, for the sake of entering upon this party discussion. The party to which I belong do not shrink from deba te in the proper pace; and I presume that if gentlemen upon the other side want to engage in these party discussions, they can find abundant opportunities after the convention shall adjourn, and when it can be done without expenlse to the State. For one, I am unwilling that the convention shall convert itself into a debating society, for the discussion of party questions. And I hope the yeas and nays will be taken upon this question, so that we muay see who are in favor of entering upon this discussion. Mir. ttALL. I will detain the convention but a few minutes in reply to the gentleman from 112 885 36th Day.] [Mareh 2d -Ilonday] ORLER OF BUSINESS. ,1onday] CLARKE, of II.-SKIFF-PATTERSON-IIARRIS —WILSON, &c. nays, upon reconsidering the vote refusing to go into committee of the whole upon the resolution reported by the select committee on the right of suffrage, it was not agreed to; yeas 14, nays 16, as follows: the time of this convention. No one has en croached upon his rights, and I do not believe that any one has occupied more time of this con vention than he has. We all have our faults in this matter of speaking too much, perhaps. I confess that I have, but at the same time I pro test against this kind of complaint indulged in here without any reasonable provocation. I do not wish to be placed under that kind of espi onage; I wish to be delivered from lectures of this kind. And I wish to say to gentlemen once for all, that they do not serve a good purpose in my case. I do not feel like obeying such mandates with any degree of alacrity. If the wajority are dispo sed t o occupy th e time of the convsention for two or three days, in discussing the question wheth er th is matter s hould be submitted to t he people, le t them do so. They cannot occupy that tim e in disc ussi ng the re al question at issue. The true merits of this question cannot be made the subj ect o f a very lengthy discussion. And I acknowl edge to the convention that the remarks I made the othe r evening, had very little to do with the question before the committee, and I shou ld not have m ade them at all, had I not been provoked to do so by the most extraordinary assault of the gentleman from Lucas [Ir. Edwa rds,] upon the dem ocratic party. Mr. CLARKEy of Hen ry. I shou ld not h ave o ffered a n other remark, but for the erference to me The gentle man has characterised my re ma rks here by thethe epithet of "curtain lectures," and he wishes t o inform me that these lect ures do lot do him any good. I r eally did not know tha t my lectu res were of that character at all. Probably the gentleman is a betterjudge of what curtain lectures are than I am myself. I regret that that kind of lectures should have no effect upon the gentleman, tha t he should be proof against te t et them. But certainly the gentleman ought to be free, while in this convention, from this kind of espionage and lecturing, and so far as I am concerned, he shall be free. He says that he is about to leave us here, that he must soon return home. Why should he be tormented before his time? I certainly did not intend to lecture the gentleman at all. I merely said to gentlemen who were clamoring here about consuming time-look at the clock; that is all. Here they have consumed all the morning, and it is half past eleveh o'clock, in talking about g.oing into committee of the whole; and now they want it to go out that the republicans are responsible for this consumption of the tithe of the people. I want it to go out to them how this thing is; that at half past eleven o'clock, we have not got to a vote.- That is all. It is not lecturing at all. It is merely stating the facts as they exist. And I will now do, in order to save time, what I havse never done before in this convention. I will move the previous question. The previous question was seconded, and the main question ordered to be put. The question being then taken, by yeas and Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Ilolli ngsworth, Scott, Skiff, Todhunter and Wilson. Nays-Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Palmer, Patterson, Peters, Price, Seely, Solomon and Warren. Mr. SKIFF, when his name was called, said: I have been talking with members, and I under stand that the vote in relation to printing cannot be reconsidered, and there is nothing to do to-day; so I vote aye. Mr. PATTERSON. Will it be in order to move to take up those resolutions, and act upon them in convention. The PRESIDENT. They are already before the convention. Mr. tIARRIS. I move the previous question upon their passage. Mr. WILSON. I wish to offer an amend ment. Mr. HARRIS. I will withdraw for that pur pose. The resolution was read as follows: "Resolved, That at the same election that this Constitution is submitted to the people for its adoption or rejection, a proposition to ameind tbe same by striking out the word "white" from the constitution wherever it occurs, shall be separately submitted to the electors of this State for adoption or rejection, in the manner following, viz: A separate ballot may be given by every person having a right to vote at said election to be deposited in a separate box. And those given for the adoption of such proposition shall have the words "Shall the word "white" be stricken out of the constitution wherever it occurs? Yes." And those given against the proposition shall'ave the words "shall the word "white" he stricken out of the constitution wherever it occurs? No." And if at said election the number of ballots cast in favor of said proposition, shall be equal to a majority of those cast for and against said proposition, then said word "white" shall be stricken from the constitution, and be no part thereof." Mr. WILSON. I move to strike out the words "said proposition," in the last clause of the resoluttion, and to insert the words "this constitution;" so that it shall read " And if at said election the number of ballots cast in favor of said proposition, shall be equal to a majority of those cast for and against this Constitution, then said word "white" shall be stricken from the constitution, and be no part there of." Mr. CLARKE, of Johnson. It is nearly 12 886 [36th Da [Illarcli. 2d ORDER OF BUSINESS. GILLASPY-MARVIN —HARRIS-DAY-TRAER-PATTERSON, &c. [March 2d The PRESIDENT stated that at the time of taking a recess a call of the house was pending. Mr. MARVIN moved that further proceedings under the call be dispensed with. The motion was not agreed to, upon a division, ayes 9, noes 10. Mr. HARRIS. I voted under a misapprehension. I move a reconsideration. The motion to reconsi der was not agreed to, upon a division, ayes 10, noes 10. Mr. GILLASPY. If the convention is to wait until the cars come in, I move that the conven Nafrs ~ ~ ~ ~ ~ ~ ~ ~~h PREIDNT Preidnt chairs iss Clar thofin tion take a recess fo r t went y min utes. I do not think they w ill be here within that time. wir. HALL. I hope there will be one thing that the convention w ill adh ere to for at least six hours. The mo tion to take a recess was reject ed. Mr. PATTERSON inquired what members were absent. The PRESIDENT. Me s srs. Parvin and Win chester. Mr. SK,IFF. Will it be in orde r t o move that we have a Quaker meetin g this a fte rn oon? (Laughter.) Mr. PATTERSON moved that further proceedings und e r t he call be dispe nsed with. The PRESIDENT. The chair is of tlie opinion ot that it is not in order until the sergeant-at arms makes his report. Mr. TRAER. Will a mot io n to excuse the gentlemen be in order. The PRESIDENT. No, sir. Mr. CLARK, o f Alamakee. I wou ld inquire whether this convention has not itself superse ded the call of the house. It has a djourned since the call was made, and my impression is that that superedes the call. I take geit that the presumption is that the adj ournment subse quent toe a the order for a call of the house, does away with the necessity for that call. I do not recollect what the rule is; but there is certainly some force in that position. The PRESIDENT. Thg chair is inclined to a different opinion. Mr. GIBSON. Both these gentlemen are pro bably at Muscatine, and it will probably take a day or two to get them here, if we are to send for them. I think we may as well adjourn for a day or two. Mr. GILLASPY. I see that the sergeant-at arms is present, and engaged in writing. It is his report, I presume, and that may relieve us from this difficulty. The report of the sergeant-at-arms was read by the secretary, as follows: " Messrs. Parvin and Winchester not present, but reported to have gone to Muscatine." Mir. G[ILLASPY. I move that the conventi on take a recess until such time as the cars m ay arrive from Muscatine. The PRESIDENT. That is not in order. o'clock; I move that the convention now take a recess until 2 o'clock. Upon this question — MAr. GILLASPY called for the yeas and nays, and they were ordered. The question being then taken, by yeas and nays, upon the motion to take a recess, it was not agreed to; yeas 13, nays 18, as follows: Yeas-SIlessrs. Bunker, Clarke of Henry, Clarke of Johnson, Ells, Gower, Gray, IHollingsworth, Scott, Skiff, Todhunter, Warren, Wilson and Young. Nays —The President, Mnessrs. Ayres, Clark of, Alamakee. Day, Edwards, Emerson, Gibson, Gi'laspy, Hall, Harris, Johnston, Marvin, Palmer, Patterson, Peters, Price, Seely and Solomon. Mr. MIARVIN. I move the amendment which was attached, I think, in committee of the whole. Mir. IHARRIS. I nowrenew the previous questioll, which I withdrew only to get the amend. ments in. MAir. GILLASPY moved a call of the house. The roll having been called, the Secretary reported the following absentees: Messrs. Parvin, Robinson, Traer and Winchester. On motion of Mr. DAY, Air. Robinson was excussd. Air. TRAER subsequently appeared and took his seat. MIr. PATTERSON. I ask that Mir. Winchester be excused. He told me this morning that he was going to MIuscatine. I presume he is there. Sir. TODHUpNTER. We will take care of Mr. Winchester. We would rather he shouldnot be excused. I do not think he went. ar. CLARK, of Alamakee. I object to excus i ng eir. W Ainchester. Mir. YOUNG moved that the convention take a recess until 2 o'clock. The question being then taken, by yeas and nays, upon the motion to take a recess, the mo tion was agreed to; yeas 19, nays 13, as fol lows: Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of John son, Edwards, Ells, Gower, Gray, Hollingsworth, Mlarvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson and Young. Nays —MNessrs. Ayres, Emerson, Gibson, Gil lasspy, Hall, Harris, Johnston, Palmer, Patter son, Peters, Price, and Solomon. The convention accordingly took a recess un til 2 P. Mll. The convention re-assembled at 2 o'clock P. M., and was called to order by the President. 36th Day.Ij 887 Dionday] EVENI.N, G SESSION. ORDER OF BUSINESS, &C. SKIFF-GILLASPY —IARRIS-CLARKE, of J.-PATTERSON. Mr. SKIFF. I move that the convention re- solve itself into committee of the whole upon the right of suffrage. The PRESIDENT. That is not in order until further proceedings under the call have been dispensed with. MAr. SKIFF. I move that further proceedings under the call be dispensed with. The question being taken, the motion was agreed to. Mr. SKIFF. T nowmo~ ethat the convention resolve itself into committee of the whole upon the article on the right of suffr,age. MIr. GILLASPY. I call for the yeas and nays upon that question. Mlr. SKIi'F. I call the previous question upon it. Mir. HARRIS. There is a previous question pending. The PRESIDENT. That motion has the pre- cedence. Nays —Messrs. Ayres, Day, Emer.on, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price, Solmnon and Warren. Mr. CLARKE, of Johnson. If gentlemen in sist upon that, I shall move another call of the house. If it is the determination of gentlemen to Dress us to vote upon this article on the right of suffrage, in the absence of the members who have gone to Muscatine, I shall be under the necessity of moving for another call of the house. The gentleman from Muscatine, [Mr. Parvin,] thought he should have time to go over there while this was being discussed; but I know he is anxious to vote upon it, and I know that he represents a very large community of the color ed people of this State. I am opposed to taking the vote in his absence. I repeat that if gen tlemen insist upon the previous question, I shall be under the necessity of ordering a call of the house. Mr. GILLASPY. I wish to say in reply to the gentleman from Johnson, that if the majority of this co n vention it-tend to require gentlemen to remain her e, for God o nly know s how long, one, two, three, or four days, waiting for a gentleman who l iv es al mos t in sigLht of the capital, and who has gon e home every Saturday afternoon and come ba k on m n o e b on day, while we have been kept here now for seven weeks, if he is to rise in his place and keep moving a call of the house until the cars arrive, and the gentleman gets back, I should like to see him do it. I am opposed to this. The PRESIDE.NT. The question is upon ordering the article upon the right of suffrage to a third reading. Upon this the motion for the previous question has been made and seconded. The question is: Shall the main question be now put? The pending question was upon the amend ment of Mr. Skiff, to strike out "constitution" and insert "article on the right of suffrage," so as to restrict the vote of the people to the sim ple question whether the word "white," shall be stricken out from the article on the right of suffrage, instead of leaving the question to be whether it shall be stricken out wherever it oc curs in the constitution. MIr. CLARKE, of Johnson. Wherever the responsibility may rest as to the debate which has resulted upon the proposition which is now before the committee, I do not feel that any responsibility rests upon my shoulders. Yoa will bear me witness, that when this subject was first introduced, I moved to indefinitely postpone the whole matter; not because I was afraid ofdebate upon this subject; not because I was unwilling to trust the people in relation to it; but because I desired to cut off the debate which I anticipated would result from the introduction of this proposition. When I made that motion, I did not anticipate that the democratic party in this convention would make this a party question, Upon this question, Mr. CLAPRKE, of Johnson, called for the yeas and narys, which were ordered. The question being then taken, by yeas and nays, upon ordering the main question, it was not agreed to; yeas 14, nays 17, as follows: [36th Day. 88 Monday] [March -Id Committee of the Whole. The Convention accordingly resolved itself into committee of the whole [.Ilr. Clark, ofalaDaakee, in the chair], and resumed the consideration of the resolution reported from the select comniittee on the rigl-lt o.,' suffrage, proposing to submit to the people of this state, as:i separate propositiOD, the question whether the word 11 white" should be stricken from the constitution, wherever it occurs. Suffra.qe Restricted to W7tites. S-UFFRAGE RESTRICTED TO WNHITES. MIonday] CLARa and woul4 take a stand against submitting to t'le p)eop)le a proposition uion which they might vote. I only made the motion for the purpose of sa;ving the time of this coinvention, and faci-t liratin4 ilts business. And r row desire to say to oentleimen upon the other side, that since they are willing to make this a party question, ani since they are willing to place themselves u1oi0 the platform of refusing to submit a questiOni to the action of the people, I shall yield my ohjectious, and shall go with my fiiends in favor of' submiitting this proposition. I do it, not be- cau,e I suppose the proposiiotion wvill be carried not that I desire thatitshall be carried, because I m froee toconfess that I do not desire it and sh 11 personally vote against it; bit because in the course of this convention I halve always been in fhvor of the largest liberty, and have always hbeen in favor of leaving ever3 thing to the action of the people, either in their individual capa- o city, or thrcugh the general assembly. But I find, onI the other hand, a part,y here, who claim to be the lovers of the people, who claim to be their peculiar defenders and advocates, but who, upon this, as upon many other questions, are unwiiling to risk the action of the people. And this is all I have to say upon the main proposition uwlich is before the committee of the whole. As proposed to be amended by the gentleman from Jasper [,Ir. Skiff], I shall vote for it, aTid s1ll leave it to the action of the people, beliesving that they will vote to leave the matter where it now stands; that their action will be in fivor of retaining the right to govern this people-that is, themselves-in their own hands. As I anticipated, this proposition has led to a political debate here; and, sir, I propose, in the retarks I may make upon this subject, to imitate my illustrious predecessors; and, to enter into thargt field, I propose to imitate the gentle. nman fiomi Des Mloines, [.Ir. tall,]-who I perceive has tabindoned his seat and run away from this discussion-and, like him, to carry the war into Africa. I propose to confine myself to a reply to him in the remarks I shall make; and that gentlemen upon the other side may not doubt myla- positions-that they may be enabled to apprehend and to answer them-I have written them down. The propositions which I intend to discuss are these: 1. Since 1850 the Dem,ocratic party has changed ground on the slavery question. i. The Democratic party changed its position on this subject at the dictation of the ::,. The so)le object and piurp,ose of that party is the ex~tension and perpetuation of slavery. Tlhe gentlemlan from D~es }Joines, [M~r. Hall,] inl the outset of lids remarks claimed that the ])cmrocratic party was the o,.ity national p'a'ty in When I say that up to the year 1850, upon this great (-qtuestioni of slaveerv extension, there was no diversity of opinion in the public mind o f t h ee free stat e s, I do not mistake the tiuth. When I state th at the hig parctv find the DemUocratic party stood upon precisely the s,atme ground in relation to slavery extension, I state that which is but a notorious fact. I shall not refer to any Whig atuthority upon this subject. I shall confine myself to proving what I say in relation to the Democratic party. I may, perhaps, on this point, be tedious, but I ask gentlemen to bear with me, and, at least, to give me a hearing; not gentlemen upon my own side of the house, but gentlemen tifon the Democratic side of the house; becau-e I am seeking to establish propositions here, not for the there purpose of discussion, but for the purpose of placing upon the records of this Convention, evidenice that will become a part of its history. And I am pleased with the reflection, that w'-en gentlemen on the other side of this house place in the hands of their constituents the appeals to passion and the sarcasms which they have uttered here, they will, at the same time, give to their constituents what has been studiously withheld from them during the last six months, the evidence tlha-t this party, which claims to be the national party, is but the pro-slavery party of the country, and as much subject to the commands, and as obedient to the elash of the task;masters of the south as are the slaves at the south themselves. tono to discuss,ire these: I propose to commence with the State of 1. Since 18.50 the Drem.ocratic party has Maine, and to show what has been the position chanied ground on the slavery question. of the Democratic party in that State upon this Thp 11 ~ question of slavery extension. I find that in hDemocratic party changed its pos- 1847, when Hon. John W. Dana was Governor tio,- onl this subject at the dictation of the of the State of Maine, andl when the legislature fourto~~if~~h. ~was strongly Democratic, in his annual message .The sole object and pirli,ose of that party to the general assembly, he uses this language: tic extension and perpetuatIon of slavery. "The territory which we may acquire as in'lt'h gentlemtan from Des AMoines, [MIr. Hall,] demniity for claims upon Miexico is free; shall it in thl outset of his remarks, claimed that the be made slave territory? The sentiment of the DIc-,miocratic party was the on,,a national party in free states is profound, sincere, and almost uniexistence in this country, tn'l that it was the versal, that the influence of slavery upon proobject aind purpose of that ety to protect alike ductive energy is like the blight of mildewthe interests of the people, north and south. that it is a moral and a social evil; that it does He says it is their object to live the policy of violence to the rigllhts of man, as a thinking, this government so formed aonl, so directed that reasoning and responsible oeing; that its exist 36th Dav] 889 SUFFRAGE RESTRICTED TO WI-IITES. Mony] CLARKI of j. IMareli d them. At the same time she will firmly resist all demands for their enlargement and exten sion. " Resolved, That the sentiment of this State is profound, sincere, and almost universal, that the influence of slavery upon productive energy is like the blight of mildew; that it is debasing and degrading in its influence upon free labor; that it is a moral and social evil; that it does violence to the rights of man as a rational, thinking, and accountable being; influenced by these and other important considerations, this State will firmly o ppo se the int roduction of sl avery into any territory a cquired as an indemnity for claims upo n Mexico. "Resolved, That it is the duty of C ong ress to prevent, b y the exercis e of all constitutional power, the extension of slavery into territory of the United States now free. " Resolved, That our senators in Congress are hereby instructed, and our representatives requested, to support and carry out the principles of the for egoing resolut ions." Le t us pass into the nexst year. In 1849, the democracy of Maine held a convention to nominate state officers, at which John Hubbard was nominated as their candidate for governor. That convention passed the following resolutions: "Resolved, That the institution of human slavery is at variance with the theory of our Government, abhorrent to the common sentiment of mankind, and fraughtwith danger to all who come within the sphere of its influence; that the Federal Government possesses adequate power to inhibit its existe7nce in the Territories of the Union; that the constitutionality of thispower has been settled byjudicial construction, by cotemporaneous expositions, and by repeated acts of legislation; and thatwe enjoin upon our Senators and Representatives in Congress to make every exertion, and employ all their influence, to pro cure the passage of a law forever excluding slavery from the territories of California and New Mex ico. " Resolved,'fhat while we most cheerfully concede to our southern brethren the right, on all occasions, to speak and act with entire freedom on questions connected with slavery in the territories, we claim the exercise of the same right for ourselves; and any attempt, from any quarter, to stigmatise us or our representatives for advocating or defending the opinions of our people upon this subject, will be repelled as an unwarrantable act of aggression upon the rights of the citizens of this state." This was the position taken by the convention which nominated Mr. Hubbard; and now let us see the position assumed by lr. Hubbard himself. Being interrogated, during the canvass, in relation to his position upon the slavery question~ he responded in the following letter:. I-IxLOWELIL, July 17, 1849. Gentlemen:* Yours of the 16th, requesting a 'statement of my views in relation to the es ence in this territory will shut out free labor, because the free man will not submit himself to the degradation which attaches to labor wherever slavery exists. Influenced by such considerations, the ft ee states will oppose the intro - duction of slavery into the territory which may be acquired." And in speaking of the r ight of slaveholders to hold their slasv es in the territories of the United States, he u ses the following language: "On th e other hand, the slav e states claim that thi s territory will be acquired, i f acquired at all, byth a t l the blood and treasure of all the states of the Union; to become the join t property of all; to be held for the benefit of all. And they emphatically ask,'is it consistent with justice?' His r ight to acquire and possess pr op erty is one of the inh er en t rights of man, independent of laws and constitutions. Not so with the right to his slave; that is an uwhatural, aw artificial, a statute right; a nd wh en he voluntarily passes with a slave to a territor y w here the statut e recognizing the right does not exist, then at once th e r ight cea ses t o exist. The slave becomnes a free prs, with just ais much right to claim the master as the buaster to clai,n the slave." This Democratic legislature of Maine responded to the message of the Governor, from w hich I have read, by adopting the following resolutions: "Resolved, That the sentiment of this State is profound, since re, and almost un iversal, that t he influence of s lavery upon productive energy is like the blight of mildew; that it is a moral and s ocial e vil; that it does violence to th e right s of man, as a thinking, reasonable, and responsible being. Influenced by such considerations, this State will oppose the introduction of slavery into any territory whic h may b e acquired as an indemnity for c lai ms u pon Mexico. "Resolved, That, in the acquisition of any free territory, wh e the r by purchase cr otherwise, we deem it the duty of the General Government to ex te nd ov her me the same the Ordinance of 1787, w i th all its rights a nd privileges, condi tions and immunities. "Resolved, That our senators be instructed, and our representatives requested, to support and carry out the principles of the foregoing resolutions." These resolutions passed the legislature with but six vwtes in opposition. They indorse the sentiments of the Governor-repeating his very language. So that in 1847, we see that it was Democratic doctrine in the State of Maine, that Congress had the right to prevent the introduction of slavery into the territories. The next year, another Democratic legislature imet in M~aine, and it passed these resolutions: " Resolved, That Maine duly appreciates the concession and compromises which led to the adoption and establishment of the Constitution of the United States; and she will cheerfully and honestly abide by the letter and spirit of I 890 [8-6th Day. Moixday] CLARKE, of J. [Illarch 2d SUFFRAGE RESTRICTED TO WHITES. [Mtarch 2d tension of slavery into the territories of the United States now free,"' is before me. The question in all its practical bearings, as'a subject of deliberative and solemn legislation, is an extensive one. I can only give here a brief statement of the principles which would guide my action upon it. First. I believe Congress to have entire constitutional jurisdiction over the whole subject of Slavery in the territories of the United States. Second. I am opposed to slavery in all its bearings, moral, social and political, and especially am I opposed to its extension. Third. I would adopt all constitutional and equitable means to prevent the extension of slavery into territories now free. Iloping, gentlemen, that this brief expose will meet your views, I am, with sentiments of respect and regard, yours, a to every form of oppression, the people of New Hampshire have ever viewed with deep regret the existence of slavery in this Union; that w hil e they have steadfastly supported all sections in their constitutional rights, they have not oi nly lamented it s existence as a great social e vil, but regarded it as fraught with danger to the peace and welfare of the nation. "Resolved, That while we re spect the rights of the slaveholding as well as th e free p ort ions of this Union-while we will not willingly consent that wro ong be done to any member of the glorious confederacy to which we belong, we are firmly and unalterably opposed to the extension of slavery over any portion of American soil now free. "Resolved, That, in our opinion, Congress has the constitutional power t o abolis h the s lave tr ade and slavery in the District of Columbi a; and that our Senators be instructed, a nd our Representatives be requested, to take all constitutional measures to accomplish the se objects." [See Speech of S enat or IIale.] So far then as the States o f laine and New Hampshire are concerned, I think that the resolutions I have re ad, ema nating from th e h ighest source of authority in the p arty, establish the fact that up to the year 1850, i t was democratic doctrine to t alk and vote against the extens ion of slavery. The position of Maine and New lamps hire upon this question, is the posi tion of e very eastern State. Massachusetts occupied the sa me ground. In the year 1849, Benjamin F. Hallett, now an office-holder und er Frankl in Pierce, and the Chai rman Nf the State Central Committ ee of Massachusetts, offered in the democratic convention a resolution similar ill character and as strong in language, which was adopted bv the democracy of that State. That resolution is in the f ollowing l angu age: " Resolved, That we are opposed to slavery in e ve ry form and color, and in favor of freedom and free soil, wherever man lives, throughout God's heritage; that by commo n law and co mmon sense, as well as by the decision of the supreme co urt of the United States, the state Uf slavery is a mere munici pal regulation, founded upon and limited to the verge of th e t errit orial law-that is, the limits of the state creating it; that as sla very does not exist by any mu nicipal law in the new territories, and Congress hls no power to institute it, the local laws of any st ate authorising slave ry can never be transferred there, nor can slavery exist there but by a local law of the territories, sanctioned by Congress, or the legislative act of a state in its sovereign capacity; that we are opposed to the extension of slavery to free territories; and in favor of the exercise of all constitutional and necessary means to restrict it to the limits within which it does or may exist by the local lazws of the staztes." Now let us come to Pennsylvania; for it is useless to consume the time of the convention ill proving the position of New York upon this question. No one will be hardy enough to call Jo]AN HUBBARZD. M[essrs. Adams Treat, Thomas M. Merrow, W il liam Merriam, Arthor Treat, Jesse Smart, John Hodgalon, P. Simonton, G. N. White, Nathan Worthing, Daniel Wentworth, Joseph Bachelder, Daniel Smith. Let u s now come to New Hampshire, the democratic State, which used to be to that party the star in the east-the State which was formerly to the democratic party, what Vermont was to the whig party, —the State which never failed to go for the democratic candidate. And here, too, let us commence with 1847. I find that the democratic State committee of New Hampshire in October, 1847, passed this resolution: '1 Resolved, That we declare it our solemn conviction, as the democratic p:irty have heretofore done, that neither slavery nor involuntary servitude should hereafter exist in any territory which may be acquired by or annexed to the United States; and that we approve of the votes of our delegation in Congress in favor of the Wilmot Proviso." Such was the declaration of the leaders and managers of the democratic party in New Hampshire in 1847. In 1848, the democratic legislature of that State passed this resolution: " Resolved by the Senate and the House of Representatives in General Court convened, That we are in favor of the passage of a law, by Congress, forever prohibiting slavery in New Mexico and California, and in all other territories now ac(quired, or hereafter to be acquired, by the United States, in which slavery does not exist at the time of such acquisition." In 1849, the next year, another democratic legislature of the same State, passed the following resolution by a unanimous vote: "1 Resolved by the Senate and House of Representatives in General Gourt convened, That, opposed 36th Day.] 891 Itlonday] CLARKE, of J. I think that no one can doubt that the democratic party in ialaine, up to the year 18;50, stood fally committed against the extension of slavery into the territories of the Un-.ted States. SUFFRAGE RESTRICTED TO WHITES. Monday] CbAttKi, of J. (March 2d adopted by the Bradford Democracy-thus leatving to every member of the Democratic Iparty the right of entertaining and urging whatever selitimenits upon the subject may seem to him best, without hazaluing his political position, and losing the confidence of his party." Yes, sir, in 1849 Mlr. Forney approves a resolution which asserts the right of Congress to iegislate upon the subject of slavery, and which denies that by the power of the constitution slavery goes wherever that constitution goes. The Pittsburg convention, whose resolution I thas e just read, nominated Mr. John A. Gaublh a,s the candidate of the Democratic party for the office of canal coiimmissioner. Upon beirng interrogated in relation to his views upon this question, he replies in the following letter i.resent dominion; nor do we consider it a part of the compromise of the constitution, that slavery should forever travel with the advancing column of our territorial progress."': During the same year, 1849, the Democracy of Bradford county passed this resolution: " Resolved, That Congress possesses legislative power over the subject of slavery in the territories of the United States, andl ought so to exercise that power as effectually to prevent the establishnment or sufferance of slavery. While we thus re-affirm these principles, we concede to our I)Demlocratic brethren of the South the same freedom of thought and of expression which we claim for ourselves." &c. This resolution was copied into the Pennsylvanian of September 10, 1849, the paper edited by John W. Forney, the nearest and dearest friend of the Democratic President elect of this Union; and what does he say with regard to the sentiments of the Bradford Democracy? Does he denounce them as heterodox, or as leading to disunion? Here is what he says: "It is a long period of time since we have been more gratified than by the indication of a spirit of conciliation contained in the following resolution." Ile then quotes the resolution which I have just read, and proceeds to say: " Every democrat in the Union will hail this resolution as oil poured upo)n the troubled waters. It asserts the broad principle, that there is no intention on the part of those who entertain particular views on the slavery ques - tion to make their views a "political test"-an avowal that will be universally applauded, and everywhere greeted with joy. The Democracy of Bradford have set a noble example-an example that cannot fail to be generally followed, and thus lead to the happiest results. It is the belief entertained in many quarters, North and South, that the object was entertained of interpolating the national democratic creed with the test here disavowed, that has led to all difficulties upon the question of slavery. Thisimpl)ression is completely dissipated by the resolution t "To the second question, namely,' If you beli e ve Congress possesses the requisite authority for that purpose, are you in favor of the passage of an act extending to all such territories the principles of the Ordintiance of 1787?' I answer, that I am in favor of the pa ssage of sucti an act, or the adoption of any other constitutional measure deemed necessary, in order to prohibit the further extension of human slavery. ' With sentiments of the highest respect, I remain your obedient servant, "JOHN A. GAMB LE." In the face of that public declaration, Mlr. Gamble was elected by the Democracy, Canal Commissioner for the State of Pennsylvania. It would hardly be respectful in me to pass on, without quoting here the opinions of the very distinguished gentleman I have alluded to-the rising sun of Democracy; and I propose now to show that his opinions were upon the subject of slavery extension, up to the year 892 [86th Day. Monday] CLA,kRKE, of J. [DIarclh 2d If SUFFRAGE RESTRICTED TO WHITES. monday] CLARKE, or J. [larch 2d~~~~~~~~~~~~~~~~~~~~- from his county to introduce resolutions instructing the senators of the State to do the same. 1850, coincided with the resolutions and views above expressed. I shall go back to the year 1819, when this country was convulsed in relation to the Missouri question, which created an excitement never equalled since that date, until the repeal of the Missouri compromise. I find that James Buchanan had something to say upon this Missouri question. On the 24th of November, 1819, at a public meeting of the people of Lancaster, Pennsylv ania, James Bucha nan wa s one of the committee upon resolutions. The resolutions reported by that committee, and unanimously adopted by that meeting, were as follows: In that excitement, which threatened the per. petuity of this Union, James Buchanan h ad not yet learned the modern doctrine of pouring oil upon t he tro ubled elements; but wit h his breast warm with feelings of libert y, he reports a resolution thanking those me mber s of Congress who in that contest, ha d sto od fitm and prevented the admission of Missouri with her slave territory and slave constitution. The gentlemen upon the other side of the house may tell us that he was a Feder alist the n. That is true; but if he was a Federalist, he was a lso, according to the mode rn vocabulary of Democracy, a n Abolitionist. Let us come down to another exciting time i n the history of our government. I allude to the year 1837, when Mr. Calhoun introduced into Congress his celebrated slavery resolutions. At that time, James Buchanan had emerged f rom obscurity. He had thrown off his Federalism. He had joine d the Democratic party; and by the fAbce of th e p opularity of Andrew Jackson, he had been thrown into public life. In 1837, we find him in the Senate the eahe Unit e d Sta tes, and occupying a prominent position as a Democratic Senator. Among the celebrated resolutions offered by Mr. Calhoun, was one which read a s f ollows: [Calhoun's Works, vol. 3, p. 140.] " Resolved That in delegating a portion of their powers to be exercised by the Federal government, the states retained severally, the exclusive and sole right over their own domestic institutions and policy, and are alone responsible for them, and that any intermeddling of any oneor more states, or a combination of their citizens, with the domestic institutions and policy of the others, on any grounds or under any pretext whatever, political, mnoral or religious, with a view to their alteration or subversion, is an assumption of superiority not warranted by the constitution, insulting to the states interfered with, tendiffg to endanger their domestic peace and tranquility. subversive to the objects for which the constitution was formed, and by necessary consequence, tending to weaken and destroy the Union itself." "Whereas, The people of this State, pursuing the maxims and animated by the beneficence of the great founder of Pennsylvania, first gave effect to the gradual abolition of slavery by a national act, which has not only rescued the unhappy and helpless African within their territory from the demoralizing influence of slavery, but ameliorated his state and condition throughout Europe and America; and whereas, it would illy comport with these humane and Christian efforts to be silent spectators when this great cause of humanity is about to be agitated in Congress, by fixing the destiny of the new domain ol the United States; therefore, '1 Resolved, That the representatives in Congress from this district be, and they are hereby most earnestly requested to use their utmost endeavors, as members of the National Legislatare, to prevcnt the existence of slavery in any of the territoriesor new States, w hi ch may be erected by Congress. "Resolved, As the opinion of this meeting, that, as the legislature of this State will shortly be in session, it w ill be highly deserving of their w isdom and p at riotism to take into their early and most s erious consideration the propriety of instructing our representatives in the National Legislature to use the m ost zealous a nd s trenuous exertions to inhibit the existence of slavery in ally of the territories or States, which may hereafter be created by Congress' and that the member s of the As sembly from this county be requested to embrace the earliest opportunity of bringing the subject before both houses of the legislature. "Resolved, That, in the opinion of this meeting, t he members of Congress who, at the last session, sustained the callse of justice, humanity and patriotism, in opposing the introduction of slavery into the State then endeavored to be formed out of the Missouri territory, are entitled to the warmest thanks of every friend of humanity. , Resolved, That the proceedings of this meeting be published in the newspapers in this city." Thus we see, that in 1819, James Buchanan was not satisfied with instructing his immediate representative in Congress to vote for the inhibition of slavery, but went so far as to impose the duty upon the members of the legislature 113 Mr. Morris, then a democratic senator from the state of Ohio, moved to strike out!he words "moral or religious." Upon this motion a very animated debate ensued, in which Mr. Calhoun took the ground that the striking out of these words would completely nullify the resolution itself. Yet I find that when the vote was taken upon striking out these words, and taking from this resolution all its marrow and pith, James Buchanan voted with the minority in the affirmative. Those who voted with him were Messrs. Bayard, Clayton, Davis, McKean, Morris, Prentiss, Robbins, Ruggles, Smith, of Indiana, Southard, Swift, Tipton and Webster; at least one-half of whom were democratic senators. I f I f I e e t 36th Day] 893 [Diarch 2d 31onday] CLARKE, of J. SUFFRAGE RESTRICTED TO WIITES. C1,ARKE. of J. very keystone of the Keystone State it:elf! Now, I beg leave to read to the corvent,on tl-he toast which that great democrat, James Buchanan, sent to that meeting: "S The Missouri Compromise: Its adoption in 1820 saved the Union from threatened'evil; its extension in 1848 to any new territory whichi we may acquile, will secure the like happy re sult.-, In connection with this toast, iIr. Buchanan gave his views, which I need not read. Stiuffice it to say, thatt he took d,cisive ground in favor of the extension of the ordinance of 1787 over new territories. But, I am awa,re, sir, that there was some coiitronersy in relation to the mean-m ing of that letter. Certain southern gen tlemen were inclined to put a different contstruc tion upon it; and in 1848, Mr. T. Satjdford wrote to Mr. Buchanan iupon the subjec'. and iinquired whether h-is views of it was correct. I beg leave to read Mr. Buchanani's reply: f WASH ai'GTON, Aug. 21, 1848. " Dear Sir: I have just rec ived yours of the 12th inst., in which you slubtiit to me the fol lowing paragrlaphl, and ask whether it contains an accurate version of the conversation between us, concerning my Berks county letter, on the occasion to which you refer: "Happening to meet MAr. Buchanan at the Presidenrt's levee, on Friday evening, I called his attention to this letter, and asked him if he intended to be understood as clainting that the population of a territory in al uniorganised ca pacity, had the right to control the question of slavery in such territory. He declared that no such id(ea bad ever been mnaintairned by him; that the construction put upon his language by Mr. Yancey was a perversion of its pl)ainr and obvious meaning; tuat, in his opinion, the in habitants of a territory, as such, had no political rights, [although they possessed all the private rights of American citizetns,] that'hey had no power whatever on the sub)ject of slt ery, and they could neither interdict nor establish it, ex cept when assembled in convention to form a State Constitution. He further authorized and requested nme to make any public use of these declarations that I might think proper, to correct any impression which Mr. Yanrcey's construction of his language in the Berks letter might have made." ,With the addition which I have inserted between brackets, this statement is substantially, and almost literally correct, according to my recollection. " Any other construction of the letter would render it essentially inconsistent with itself. Having urg (d the adoption of the Missouri Compromise, the inference is irresistible that Con. gress, in my opinion, possesses the power to legyslate upon the subject of slavery in the territories. What an absurdity would it then be, if, whilst asserting this sovereign power in Congress, which -power from its nature mast be exclusive, I should in the very same breath, also claim this The fifth resolution of AI. Calhoun, and the most imnptortatnt of all, related to slavery in the District of Columbia, and re-d as follows: " Resolved, That the intermeddling of any State or States, o r their citizens, t o abolish slavery in this district, or in ally of the territories, on the ground, or under the pretext, that it is immnoral or sinful, or the passage of any act or measure of Congress with that view, would be - J 5G91. C; -' nC = - C - O -e G: twt < XY = *.> ~~~~~~~~~~~~~~CD ~mF 0 o ID, C e pl _~~~~~~~~~~~~~~',.~'00-^-' ~ ~' ~; w cv _. _ _ _ ~~~~~~~~~~CD~ pF o _ o C- C o e - - - - -F 5 < _. < > r - - D CD .-0 % zC J JB _g CD w~ C > C = "C - CS ev+ ,., -,7 w -'"4 C f, ~ " r C" CD 0 C C C;bC _ -,f. C! C w C: _r~5 >$C e jn>t~ r ~ C C: -, C ~ ~ -' C = f L a~~~~~~~~ C D - ~ C ..,-. -: "- C " C C C -% -, - d. = - —, _ -, r-',-r C'' - C = & C -- C & ~ C -3 F - ~ - ~ 3 -'"'0 ID I D C ~ C - A C ~ - C ~ ~ Cf C C ~ C- C. ID CDC C CC~00 C D C C C- C C ~~~~~~~~~~~ - C ~~~~~~ C~~~~ ~a SUFFRAGE RESTRICTED TO WHITES. ioiday] OLARKI, of J. LMarcb d trine was recognized and believed by men of all parties. But that it had no reference to, and contains no sanction of. the doctrine of the mod ern Democracy upon this q estion, is sufficiently established by the fact, that it was written by Silas Wright, an anti-slavery Democrat of New York, who would no more have voted to carry slavery into the territories than for any other absurd and unconstitutional measure And that this resolution means just what I say it means, and no more than this, is shown also by the subsequent action of that very convention; for this very modern doctrine, that Congress has no right to interfere with slavery in the territories, and that slavery is permitted to go into the territories by the constitution, was voted down by this convention, not receiving a single vote f r o m a free state. Among the members of the committee upon resolutions, in this Democratic convention of 1848, was one William L. Yancey, of Alabama, who made a minority report from that committee, signed by himself and a member from Florida, and one from South Carolina. Their report concludes with the following resolution: ,.Resolved, That the doctrine of non-intervention with the rights of property of any portion of the people of this confederacy, be it either in the states or territories thereof, by any others than the parties interested in them, is the true republican doctrine recognized by thi s body.', Upon the passage of this resolution, affirming the doctrine of the modern Democracy, the yeas and nays were called, and the following is the result: It seems, therefore, that the proposition re ceived thirty-six votes, every one of which came from the slave States; ev ery delegation from the free States voting unanimously against this pro position! Aye, sir, the Dem ocracy of Iowa then repudiated this doctrine. This may be news to somfe gentlemen upon this floor; but if the se things are so, of which I have offered a bundant testimony, what becomes of the assertion of the gentleman from Des 5lloines, [MIr. Ha-ll]. that the Demo crat ic part y of t o-day is the Demo cratic party of other da-ms-the part y which put this government in motioun- which gave it char acter, and the prosper ity which it now enjoys? I might multiply these proofs, MIr. Chairman, to an indefinite extent, did time permit;s but I will forbear. Suffice it to say, that the Demo crantic p arty of to-day holds no one sentiment upon the subject of slavery in mn common with the D emocratic party of other days; and the declar ation of the Cincinn ati Enquiher, in 1843, that hp the man who was a D emocrat twenty-five years ago, and entertains the principle s 80ow that the party did THrEN, and has not progressed with the party, is just twenty-five years behind the times and the party," is as true now as it was in 1843. This declaration -was made with reference to the progress of that party in rela tion to the tari ff and a nationtal bank, but is equally applicable to the slavery que stion. The party ha s progressed; and have become the de fenders and ad vocat es of that system which Air. Jefferson wished to see abolished, and which be pronounced " the most unre mitting despotism," on the part of the master, and c degrading sub mission" on the part of the slave. The question naturally a rises, wha t has pro duced this change in the position of the demo cratic party; and th is brings me to my second proposition, that the democratic party chang ed its position a t th e dict ation of t he south. I con cur in the remark of the gentleman trom DIes T - -oines, that the democratic party has made a contract with the south that there should be no politics between them. There has been a con tract, and it has been made since the year 1850. The result of this-contract is that the south have put into the platform of the democratic party a doctrine which had been rejected by them through the whole history of our government, and which had been repudiated by every public northern man who had taken any prominent part in the aff'airs of the government. The year 1850 is memorable for what are called the compromise measures. By a union of the whigs and demo crats of this country, an effort was made to set tle the question of slavery; and certain measures were passed, odious in their character and disgraceful to the ages and the country in which we live; and yet, sir, abhotrent as they were to thle moral sense of the p~eople of the free states, they resolved to acquiesce; the demlocratic party, claiming the credit of it, wzent into power inl 1852. Now let us see what they affirm in their democratic platform of 1852. In ,that year the democratic party reaffirmed the 896 [36th Day. CLARKE, of J. 31onday] [.Dlarch od E,iS. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 9 9 0 9 0 0 0 3 1 1 36 NAYS. 9 6 12 6 4 6 .7 26 3 23 12 9 5 4 7 4 6 17 1 1 0 0 3 0 6 6 4 0 12 11 216 Alaine, New Hampshire, Mass,,ichusetts, Vermont, Rhode Island, Connecticut, New Jersey, Penti,sylvania, D, I aware, Ohio, Indiana, Illinois, Michi,an, Iowa, Missouri WiSCODsin, - llaryland, Virginia, - North Carolina, South Carolina, - Georgia, - Florida, - - Alabama, - Alississippi, Louisiana, - Texas, - Arkansas, Tennessee, Kentucky, Total, SUFFRAGE RESTRICTED TO WVIIITES. -indy CLRE f3 -rh2 resolution adopted by the democratic convention pledged himself that his administration should in 1848,-the resolution written by Silas Wright, be devoted to keeping down the slavery agita-but they added more to it; and here is what tion. I ask you then if the President who gave they added: the pledge, and his party who were in power, "R-esolved, That the foregoing proposition are not responsible for the agitation which has since ensued. The country was quiet. The covers, and was intended to embrace, the whole since ensued The country as quiet. The subject of slavery agitation in Congress, and, democracy were in full possession of the governtherefore, the democratic party of the Union met The people, in the simplicity of their standing on this national platform, will abide by heart supposed thatwe had che a final'ity," and that the vexed question of slaver a and adhere to a faithful e xecution of the eacts itcy," and that the vexed question of savry was known as the compromise measures settled by settled. They relied upon the pledges of the the last Congress, " the act for reclaiming fugi- whig and democratiparties, endorsed by the whgassuemoratice partes,dendoPircedhib ythe tives from service or labor," included; which assuranceofPrsidentPierce hislf. Mistaen act, being designed t. carry out an express pro- and deceived people of the fre states! The vision of the constitution, cannot, with fidelity lull in the public mind, was only the precursor 'of the storm that wvas to follow! The submisthereto be repealed or so changed as to destroy of the storm that was to folyow! Tge subtisor impair its efficiency. i or impair its efficiency. s sion of the free north, only gave assurance to the foe of human rights, and, steathily that foe "Itsolved, That thle democratic party will went to work~to blacken the,! fertile prairies of resist all attempts at raising, in Congress or out Kansas with the curse of slavt'ery. of it, the agitation of the slavery quLestiom, under Kansas and Nebraska were to be organized. whatever shape or color the attempt may be The subject came into the Senate, and wNis re ~~~~mad ~~e."~ ~ferred to the Committee on Territories, of which These resolutions, Mr. Chairman, give tothe Stephen A Douglas was chairman. That comresolution ofSilas Wright, a construction it was mittee reported Lack the bill organizing those never intended to bear, and which he himself territories It contained no provision by whic would never have assented to, had his life been slavery was to be benefitted. It removed no spared. Between 1848 and 1852, the south had obstructions in the pathway of the black powver. gained the fugitive slave law, and were preparing The Missouri Compromise was untouched. It their measures for the repeal of the Missouri did not pl1 ase the South. While these things Compromise. Their eyes were turned toward were going on, there happened to be a vacant the fair plains of Kansas. It was necessary to seat in the Senate chamtber. The member fromn take one step in advance of theirformerposition, Missouri, and the acting Vice President of the and to commit the democratic party, not only to United States, instead of discharging his constithe support of the fugitive slave law, but to op- tutiolal duties, was out upon the western borposition to any discussion upon the subject of ders of that State, erganizing bluelodges forthbe slavery. Thus a construction was given to the purpose of carrying slavery into Kansas. David resolution of 1818, which the wriler never an- R. Atchison was absent from his seat when IMr. ticipated, and which the great mass of the party Douglas reported the bill organizing the terrinever sanctioned. The same influences were at tories of Kansas and Nebraska. Upon the moworlk in the old whig party. That party had tion of a southern senator, the bill was recombecome faithless to the principles of civil liberty. mitted, and while it was in the hands of the It had learned from the opposition, that subser- committee the second time, Mr. Atchison came viency to the south, Was requisite to success; to Washington. Ile told his compeer, Mr. and that party adopted the same principle, and Douglas, "I have been upon the western borresolved that it would resist the agitation of ders of Missouri; I have organized blue lodges, slavery, in and out of Congress. That resolu- which stand ready to care slavery into Kansas. tion was the death of the whig party. The con- There is but a single thing in the way. There test of 1852, resulted in the election of Franklin stands the Missouri compromise, a barrier highPierce to the Presidency, with a democratic er than the stone wall of China, and absolutely majority in each branch of Congress, to sustain imnpenett able. We cannot take our negroes there him. The defeat of the whig party was over- until it is out of the way. Your interests as a whelmin~, and it has had no existence since. partisan require the removal of that Missouri Upon the 4th of Malrch, 1853, Mr. Pierce came Compromise." The South prevailed. The cause into the Presidency, and in his inaugural address of civil liberty was betrayed. In ten days after pledged himself to his countirymnen that all the the bill was recommitted to Mr. Douglas, for ability and talent, and power of his admrinis- the avowed purpose of carrying slavery into tration should be devoted to keeping down this Kansas, he reported back the bill, with a clause slavery agitation. The gentleman from Des repealing the Missouri compromise; repealing Mloines asked us who are re-ponsible for this the very measure which Douglas himself had agitation. Sir, they who are in power. They applauded, and of which he had ~aid that there had both branches of Congress, and they had was no man so bold as to raise his arm to dethe President. The whigs were out of power, stroy it. And that was the beginning of this and the free sellers were too insignificant to ef- slavery agitation. A democratic Congress and feet anything by their votes. Their President, a democratic President passed that bill into a supposing they were acting in good faith, law; and it is they who are responsible for this 36th Day] iint u Monday] CLAliKE of J. [Marcii,!ad SUFFRAGE RESTRICTED TO WHITES. agitation and for all the consequences that have refilse to adopt the propositions embraced in the ensued or may ensue. preceding resolutions, our delegates to said con What was the next step? The southern poli- vention are hereby positively instructed to with ticians saw that the c;untry was aroused. They draw therefrom." saw and felt that the spirit of liberty in these Here was a reading of the law to Northern free States, would never permit that our con- Democrats! Here was the lash held over their stitution and our government should be a mere heads! Here was the threat to take forom them machine for the purpose of extending and spread- all the spoils of office! Make a platform con ing this curse all over God's earth. The people taining the 1.rinciples, or our delegates will of the free States rose simultaneously, in one withdraw, and we will iefuse to support your mass, in condemnation of this act. Men who candidates! had stood by Andrew Jackson in all his bitter The Democratic convention of Mississippi, to contests, who had been his right hand men, and elect delegates to the same convention, pasted warded off the blows that were aimed at him, the following resolutions rebelled against these measures. Such men as "Resolved, 4. That our delegates to the next rot <.a * 1 a - q s s"Resolved, 4. Th at ou r d el egates to the n ext Fratncis P. Bslair, whom the democrats used to** Fancis P. lair, whom the democrats used to National Convention of the Democratic plrty, to thinki they would go to when they died; Pres-' thin thevwod go to wen tbe held for the purpose of nominatingcandida(tes ton Kitg, Abijah NMann, and all the best merii ofand Vice President re he Be. I,,., ~~~~for Prlesident and Vice President, are hereby the democratic party, threw off the manacles of ro party, and a~s one man arose in dlenun ciationof 0linstructed that they are to insist on the adoption party, and -is one man arose in denunciation of b,tdcneto fapafr fpicpe thismeasure.The Sot were nt i.Thyby said convention of a platform of principles this measure. The South were not idle. They v s.ni which shall contain — saw there was but one way to saive the atvan-' A conain tage they had gained, and that was to throw the "1 A recognition and adoption of the prin lash over the bh[cks and the cha ns around the lash over the backzs and the cha ns around the ciples of the act of Congress commonly called body of this so called democratic party. and they the KaDsas-Nebraska act. went to work to do it. The presidential elec- 2. A pledge to resist all a,tten)pts to abolish tion of 1856 wasapproaching. It was necessary slavery in the District of Coluimibia, o. to pro to make this party chiange its position upon that hibit the slave trade between the states subject, or else no chance remained for carrying " 3. A pledge to resist all attempts to repeal out their policy. And how did they go to work the fugitive slave bill, or impair its faithful exe to accomplish it? The mode is displayed in cution.", the resolutions adopted in the denmocratic con- ventios,f southern States, in which t The Democratic State Convention of Georgia ventions of the southern States in which they 1. , 1 a v ac~adopted thne ibllowin~ r es,lutionls' gave the democracy distinctly to understand a that they must put such and such planks into " Resolved That we adopt as our own the fol their platform; that they must take the respon lowing resolution, passed unaniiously by the sibilitv of these measures upon their own shoul- lat lislture of Georgia ders, or the south would not go into c)nvention " Resolved by the General Assembly of the Statle and support the candidate of the democracy. of Georyia,'lIatt the oppositionll to the prilici Let me refer to the evidence. Here are the res- ples of the Nebtraska bill, in relation to the subolutions adopted by the democratic State o, Al- ject of slaivery, is regarded by the p)eolple of abamoa, in the democratic State convention to Georgia as hostility to the people of the South, appoint delegates to the National Convention of and that all persons who Ipartake in such 0o)1)o1856: sition are unit to be recognrised as component " Resolved, S. That it is expedient that we parts of any party or organization not hostile should be represented in the Democratic Nation- to the Southal Convention upon such conditions as are here- " Resolved, That in accordance with the above in expressed. resolution, whilst we are willing to act in party "9. That the delegates to the Democratic association with all sourd and reliable men in National Convention, to nominate a President every section of the Union, we are not willing and Vice-President, are hereby expressly in- to affiliate with a pay that shll iot rcgstructed to insist that the said convention shall nise, approve, and carry out, the principles and nie aprv,an ar of t the perak,K,incipas ac and adopt a platform of principles as the basis of a provisions of the ebraskaansas act; and Irat the Democratic party of Georgzia will cut national organization, prior to the nomination ttiat the Democratic party of Georgia will cut of candidates, unequivocally asserting, in sub- off all party cotnection with every man and stance, tue following propositions: 1. The re- party at the North or elsewhere that does not cognition and approval of the principle of non- come up fully and fairly to this line of action." intervention by Congress upon the subject of These were the means adopted to dragoon the slavery in the territories. 2. That no restric- Northern Demiocracy into the support of these tion or prohibition of slavery in any territory principles and measures The Democratic party shall hereafter be made in any act of Congress. of the North were g von distitietly to understand 3. That no state shall be refused admission ii to that if they did not toe the mark: if they did the Union because of the existence of slavery not smother whatever sentiments of liberty therein. 4. The faithful execution and mainten- might yet exist in their breats, there was no ance of the fugitive slave law. chance or office-there w.s t10 chance for sc "10. That if said National Convention shall tess. And how many spurned the bribe? 898 ["36th Day (Marcli. 2d Monday', CLAITKE, of J. SUFFRAGE RESTRICTED TO WHITES. -indy CLRE fJ i -rh~ minish the happiness of the people, and endanger the stability and permanerncy of' the Uiiion., and ought not to be countenanced bIy any friend of our politic'al institutions. " 2. That the foregoing proposition covers, and was intended to embrace, the whole subject of slavery agitation in Congress, and therefore the Democratic party of the Union, standing on this national platform, will abide by and adhere to a faithful execution of the acts known as the compro L~ise measures, settled by the Congress of 1850,'the act for reclaiming fugitives from service or labor' included; which act being designed to carry out an express provision of the constitution, cannot, with fidelity thereto, be repealed, or so changed as to destroy or impair its efficiency. p' 3. That the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question, under whatever shape or color the attempt may be made. "4. That the Democratic party will faithfully abide by and uphold the principles laid down in the Kentucky and Virginia resolutions of 1798, and in the report of Mr. Madison to the Virginia legislature in 1799; that it adopts these principles ps constituting one of the main foundations of its political creed, and is resolved to carry them out in their obvious meaning and import. "And that we may more distinctly meet the issue on which a sectional party, subsisting exclutisively on slavery agitation, now relies to test the fidelity of the people, north or south, to the constitution and the Union " 1. Resolved, That, claiming fellowship with, and desiring the co-operation of, all who regard the preservation of the Union under the consti tution as the paramount issue, and repudiating all sectional parties and platforms concerning domestic slavery, which seek to embroil the states and incite to treason and armed resistance to law in the territories, and whose avowed pur poses, if consummated, must end in civil war and disunion-the American Democracy recog nize and adopt the principles contained in the organic law establishing the territories of Kan sas and Nebraska, as embodying the only sound and safe solution of the'slavery question,' upon which the great national idea of the people of this whole country can repose in its determined conservatism of the Union-non-interference by Congtress with slavery in state or territory, or in the District of Columbia. "2. That this was the basis of the compro mises of 1850-confirmed by both the democrat ic and whig parties in national conventions ratified by the people in the election of 1852and rightly applied in the organization of terri tories itn 1854. s' 3. That the uniform application of this democratic principle to the organization of tetritories, and to the admission of new States with or without domestic slavery, as they may elect But 1 have still another witness. While thle discussion upon this,ubje t was going on in Contgress, Mlr. Keith, a d stinguished gentleman florn South Carolina, annuncred publicly upon the floor of the House of Representatives the demand of the South upon the Democracy of the North' Here is his language: " The democratic party at the north has been cut down in the fight. It has passed through fire and water. It has come out cleansed, with whitened garments. It is now strong enough to do battle for the constitution. Will you swell it, for the spoils, with a motley horde, wearing soiled and tattered robes? If tyou will, give the platform to the South, and the man to the North." "'The South should establish in the platform the principle, that the right of a Southern man to his slave is equal in its length and breadth to the right of th, Northern man to his horse. She should make the recognition of the right full, com,,plete, and indisputable.'' The north might have the man but the south meant to make the platform; or in other words, that the slaveholders of the sout h would dictate to th e demcracy of th d or o e w hole country, upon what principles the y must stand, in order to seci re for thei r candidate the v ote of the south. The convention assembled at Cincinnati, and as might have been expected, one of these slavedriving gentlemen was put at its head as Presiding officer. The southern States, having issued their instructions, a southern gentleman, for the purpose of seeing them enforced, takes the chair, and appoints a committee on resolutions to frame the democratic platform of 1856. If you will read that plbtform, you will see how completely the northern democrats submitted to that dictation-how subservient they were under the uplifted lash. Not a man in that convention dared to look back as far as 1848, and rebel. Here, for the first time in the history of the country, is announced, in any authoritative shape, the doctrine for which that party con tenided in the last canvass. After reaffirming the platform of 1852, which, as I have shown, af firmed tLe platform of 1848, they go a step further. Here is what they say in 1856, which includes, first, the resolutions before read: ,,Resolved, That we reiterate, with a renewed energy of purpose, the well considered declara tiotns of former conventions upon the sectional ilsue of domestic slavery, and concerning the re served rights of the States " 1. That Congress has no power under the Constitution to interfere with or control the do mestic institutions of the several States, and that such States are the sole and proper judges of everything,ppertaining to their own affairs, nlot prohibited by the constitution- that all ef forts of the abolitionists, or others, made to in duce Congress to interfere with questions of slaSvery, or to take incipient steps in relation thereto, are calculated to lead to the most alarm ing and dangerous consequlences; and that all such efforts have an inevitable tendency to di t i 36th Day.] 899 [llarch?.d 31onday] CLARKE, of J. SUFFRAGE RESTRICTED TO VWHITES. mody LRE fJ srh~ -the equal rights of all the States will be pre served intact-the original compacts of the con titution maintained inviolate-and the per petuity and expansion of this Union insured to its utmost capacity, of embra icing, in peace and harmony, every future American State that may be constituted or annexed, with a republican form of government. ,"Resolhed, That we recognize the right of the people of all the territories, including Kansas and Nebraska, acting through the legally and fairly expressed wrill of a majority of actual res idents, and whenever the number of these in habitants justifies it, to form a constitution with or without domestic slavery, and be admitted into the Union upon terms of perfect equality with the other States." Now I call the attention of democrats upon this floor to this matter, and ask them to exam ine the records of their party from its first or ganization to the present time. Let them ex amine the speeches of every public man in their party, and they will find that not until the adop tion of these resolutions by tihe democratic con vention of 1856. was this doctrine of non-inter ference with slavery in the territories, even con sidered a part of the democratic creed. Here, for the first time, it becomes orthodox. And I think o that have sh ow r t tha t even atth t ime, it was inserted in the platform solely in obedi ence to the dictation of the southern portion of the democratic patr ty. We are told that the republican party is a sec tional party. The gentle man from iral;rion, [ iNIr. Gibso n,] reiterat ed t dga that charge the other night. I beg leave to ask him how we are to determine the character of a party-whether it is sectional or national? Mlust we look to the men who are memnbers of that party, or to the platform of principles by which the party is to be governed, and upon which it stands? I say to that gen tlema.n, and to every other democrat upon this floor, that if they will go with me and examine the democratic platform they will find that it is a sectional platform, and none other. I ask gentlemen to point me to a single principle in that platform, the object of which is to promote the interests of the free States. It cannot be found. The whole series of resolutions, from beginning to end, have reference almost solely and completely to this question of slavery. Gentlemen here talk about the " nigger in the wood pile." If there ever was one anywhere he is to be found among the planks of this democratic platform. It is a sectional platform, and nothing else. And now, MIr. Chairman, we come to the doctrine of squatter sovereignty, and which has been alluded to by the gentleman from Des Mloines, [lr. Hall,] This doctrine was first promulged by Lewis Class, in his Nicholson letter. It is as plausible on its face, as it is sophlistical in its character; andl after the passage of the Kalnsas-Neoraska bill, was regarded as the doctrine of the modern democracy. The peorple of the north were dlelulded b~y thus dogma. The argument, that the people who settled in the territories, should have the right to give character to the inrstitutions'of the territory, and that the people of Iowa and New York should not be permitted, and hal no right, to meddle in the matter, seemed plausible; and the demo cratic party hoped to stand upon that ground. But the south was not content with t:is. The south were not willing to risk themselves and th eir property upon such a f oundation. The y did not e sfeel safe. It would not t carry the local laws of the slave states into the territories, and without these local laws, slavery could not exist there. Nor was this all. The south began to see, that all the force an d viole nce resorted to, to prevent the free mxe n of the north fro m going into Kansas, had failed to produce t he desired effect; that in spite of aill their e ffor ts, the northern men were determined to go and settle there; and that when the question came to be presented the north would out-vote the south. A other advance step must be taken. The much lauded dogma of popular sovereignty must gi e way, and the democratic p)ariy be driven to deny and disown the very doctrine they had used to sustain the Kansas act. Squatter sovereignty must be hauled down, and the novel doctrine of State Equality, which converts this government into a mere organization for the extension of slavery-which opens every territory to the curse and blight of slavery, and which gives the slave-holder the same right to take his slaves into Kansas, and hold themni there, that it does an Iowa farmer to take and hold his stockhereafter emblazoned on the banners of demrnocracy. To this end, the Richmond Enqzuirer, the leading paper of the south, and whose democratic orthodoxy, 1 suppose, will not be questioned by any one, on the 28th of April, 1856, opened out on squatter sovereignty as follows: "TiHE CINCINNATI CONVENTIOll.-An entirely new issue will be presented in the approaching Presidential canvass-an issue which it is im possible to avoid or evade. The opposition is essentially an abolition party. It proposes to re peal the Kansas-Nebraska act, and the fugitive slave law. It thereby denies state equality. The Democracy oppose the repeal of those laws, and seem thereby to maintain state equality. But all room for doubt or cavil must be removed. We must, in the Cincinnati platform repudiate Squatter Sovereignty, and expressly assert State Equality. We must declare that it is the duty of the general government to see that no invidious or injurious distinctions are made between the people or the property of different sections, in the territories. It may be that the assertion in the platform of the abstract proposition of State Equality may suffice to carry along with it the consequences which we desire. But is is often charged that the K;nsas-Nebraska bill contains the doctrine of Squatter Sovereignty, and that Squatter Sovereignty is the most efficient agent of free-soilism. Some Northern Democrats have maintained this ground. Now this gun must be spiked." 900 [36th Dav .Iloi-kday] LMarcl,i 2d CLARKE, of J. SUFFRAGE RESTRICTED TO WHITES. [March 2d Yes, sir, here was the order. This gun of more evils connected with southern society than squatter sovereignty must be spiked. The party thatt at the north. And in our frequent articles must take another step in advance, and assert on Ithis particular phase of the mighty questions the doctrine that no power short of the people now upon us, and before the people for their ac themselres, when they come to form a state con- tion, we have said th at tho northern Democracy, slitution, could interfere with this question of when the question should be presented to them slavery. And in obedience to this order of the would be in favor of the free expansion of south Richmond Enquirer, the resolutions which I ern population, or, as the dupes of imposture have read were passed, and the party fell into would term it, the'extension of slavery.' thalo;k-step,marcheduptothegunand siikedit. Now, the gentleman from Des Moines, [Mr. I now ask gentlemen here if the south did not Hall,] and the gentleman from Mlarion, [iNIMr. matke this pla forth? and whether my second Gibson,] say that Democracy has no sympathy proposition, that it changed its position at the with slavery-ttiat it is opposed to the extension dictatio", of the south, is not sustained? of slavery. But this Democratic paper does not But before I proceed to my third proposition, seem to entertain the same opinion. I have another little question that I desire to Again, the Day Book speaking of the Cincin settle with the gentleman firom Des Mloines, [LMr. nati platform, says: Hall ] It is in reference to the newspaper call- Sal the Democratic party fear this issue. to ed the "New York Day Book." When that paper "Slll the Denocratnc party fear this ssue to was cited by the gentleman from Lucas, [ir. Ed- oppose the extensio n of s lavery No, indeed a wards,] as Democratic authority, the gentleman a thousand, a million times, no; there is not a from Des Moines sought to disclaim it, and said sifyle Democrat in the whole north opposed to the the Democratic party were not responsible for eatension of southern society, or so called extension the doctrines taught by that paper. I would of'slavery;' and they only want to have the ask that gentleman and his associates here, if truth spoken out and things called by their right they do not know that the Demrocratic Central names, to sweep the abolition imposture from Comumittee at Wa,shington-othe men who man- the republic, and to bury its besotted fools in Commteeat ashngtn —he en ho an-the profoundest deptbs —the lowest possible aged this past political campaign, published a the profoundest depths-the loest possible circular recommending the New York Day Book depth in the public contempt." as a genuine Democratic paper, to the support But this paper is consistent with itse lf. It of the Democracy of the country? I ask them goes a step farther than the democracy have whether the Democrats of Congress did not is- yet gone, and foreshadows what is to be the sue a circular recommending that paper to the next step in their progress. This paper argues support of the Democracy of the country; and that slavery ought not necessarily to be confined whether Augustus Hall, the brother of the gen- to the black race, but that the children of poor tleman from Des Moines, did not sign that circu- white people, who are unable to take care of talr? I ask the gentleman from Mla,rion, LIr. them, should be sold toslavery. It boldly advo. Gibson,] if a certain Democratic judge of this cated this doctrine during the last campaign, state did not send for a number of extra copies and no northern doughface dared to raise his of that paper for circulation in this state? Now voice in opposition to this horrible doctrine. It I assert this as a fact that is beyond contradic- boldly avowed that this thing of white slavery tion; and that the Demrocratic Central Commit- was just as right as black slavery, and there tee at ashington circulated that paper by came up no protest from the democratic party. t tWahigousnd circulaed thapaefre by,es thousands all over the free states. Now, gentlemen may whine about the demo I desire, at this time, Mr. Chairman, to read cratic party not being responsible for the lan I desire, at this time, Mr. Chairman, to reaa g rdec a ain fti a ok u the doctrine this paper teaches, in order that guage or declarations of this Day Book. But I have another authority for the doctrines that the Democrats of this state, when they have have aote uthority for the doctrines that these debates put into their hands by my friends paper advocates. The Chtlicothe Advertiser from Wapelloand Marion, [Messrs. Gillaspy and says that outhern ins no fuarre bteen the ordemocther Gibson,] may read the sentiments of this paper pand ofthern vns of ee ry thie msora l which is called Democra,tic and orthodox. It subjectof northern slavery, but the most cordial was endorsed by the "Reporter," of this city, concert. If that is true, is it not because the the Democratic organ of this state, during the principles of the south have been adopted by late canvass, which spoke thus of the paper: northern democrats? Does not every man know that during the. last campaign, their "The New York Day Book.-This able Demo- northern papers openly avowed the doctrine that cratic paper is probably the only simon-pure ex- their system of society was better than ours ponent of old line Democracy published in the that this thing called "free society," was a metropolis." humbug? Did not they openly avow that this Now, let us see what this simon-pure Demo- beautiful and noble system of ours, to which cratic paper has to say in reference to the Dem- has elevated the free states to the height of ocratic party being pro-slavery: prosperity, and thus has excited the ire and en "We hold *negro slavery' to be~ right, right vy of the southern people, was a humbug? And per se, right in itself, in the nature and necessity did not they openly boast that it should be of things, and while there are defects and imper- taken from us? Yet in the face of all their feetions in detail, as in everything else, and in declarations, and all this language, there has all human institutions, there are perhaps not been no modern democrat who has dared to 114 36th Day] 901 Illonday] CLARKE, of J. SUFFRAGE RESTRICTED TO WHITES. Mouday] CLARKE, or J. [March 2d h e "Luckily for the satisfaction, or the confu sionl, of such individuals as MAr. John Minor he Botts, the Kansas-Nebraska act is not destitute ty of immediate, visible and tangible advantages to ry tLe south. The repeal of the Missouri corliprorp- mise, besides offering atonement and reparation In- for an atffront upon the south, opens the fedetral he domain to the free expansion and development -of negro slavery." St And again: nt'* The abolitionists have ever had control of a ch mtji)rity of the p)opulatr vote. They now hold ir- indislputable ascendency in the House of Reple r,asentatives. In the Senate, even, the South is ad in a minority of one State; though fortunately il a conservative sentimnient is still suplieitemin that to branch of the federal legislature. The day is be not dista,nt, however, when the sixteen free ic States will be represented in the Senate by the e political associates of Seward and Wilson; and to when Congress will be under the absolute sway d of abolitioism. The south may turn to the executive, but with scarcely a strotiger hope of i rotection. Fremont may not be elected, t but tile triumph oi his party will be postponed y only for a single term; unless, meanwhile, the . so ut h recovers its power in the confederacy, and e establishes a counterpoise to the ascendency of eabolitionism." s, This ptiperseems to have had a propheticvision; it says that "Fremont may not be elected, but c the triumph of his party will be postpon.ed only for a single term, unless" the south in the meane while recovers its former power in the coutfederi acy. And how does it propose to regain this ascendency? This is what it says: n o' Row can the south possess itself of t this self-protectiiig power? How recover its -ascendency in the Senate? Oregon, Washinge ton, Minnesota and Nebraska, all free States in e embryo, will counter-balance the accession to the south by the division of Texas, even though the north should observe its obligation under the treaty of annexation. Utah and New MIexit co will in all probability send four anti-slavery votes to the Senate. So much on one side. , "The only prsent chance of accession to the s strength of the south, is the admission of Kan sas into the Union with a pro-slavery colistitu tion. In two years, at the firthest, that territotry will assume the sovereignty of a State, and - in all probat ility will adopt the institutions of the south. Then the south will recover its B equality in the senate, and will be competent to . the protection of its rights. Though incapable o of directing the policy of the government to the end of slavery propagandism, (which the south ; desires only for the purposes of self-defense,) it will be fully equal to the defeat of measures of free soil aggression. With Kansas to back it in the Senate, the south can compel the futfillmeni of the Texas treaty, by resisting the admission of other free States. With Kansas to back it it the Senate, the south can stay the march of ab olitionism, and maintain its own rights and in dependence ibr an indefinite period. enter protest aga inst either t he one or t other. I c ome now to m y third p roposition, that t sole object and purpose of the democratic par is the extension and perpetuation of slaver I niig,Iht be content to rest the proof of this pro osition upon the doctrines avowed in the der ocratic platform and upon the action of tt democratic c onven tio n whic h ad opted that pla for. I did in the cafnpai gn which has ju closed, as I do now, defy any democrat to poli out to me a single plank in that platform whi, is calculated or designed to promote the inte ests of the flee states. There is but a sing pla;-nk there that points to any such thing, an that is the plank in relation to the Pacific ra road, and every man krows how that came be adopted. Every man knows that when th prol)osition was first made in the democrati national convention, it was hooted down by th southern members. The south are hostile t any such measure, at least unless it is secure to them. But when the delegates from California ap pealed to them, and told them that without i! Cailiforniia would be lost to the democratic part they put in a m.lk and-water resolution. I any maul doubts that and the opposition of th southern wing of the party to this great me,- sur, let him go to the po.-oeedii,gs of Congress and there he will see the votes of the democra cy to defeat the Pacific rail road bill, now pend ing before Congress. As I have said bef,re, and I repeat it now, thb object and purpose of the repeal of the Nlissour compromise was to extend slavery. Mr. Atchi son so understood it; and the whole southerr people so understood it; and that is the meri now claimed for the measure by the entire peo ple of the south. That is the reason why the people of the south rallied as one man to the support of James Buchanan and his party There was a time when the democracy would have shrank from the contamination of any as sociation with the whigs; when they would have shuddered at the idea of associating with the know-nothings. And yet who does not know that the repeal of the Missouri compromise has been the means of overcoming everything like party distinctio in the south, and that in the southern States there is but one party, and that the pro-slavery party, aud as such it went almost to a man in favor of James Buchanan? But I desire to point out to northern democrats here, not only that the repeal of the Alissouri compromise did open to slavery all the territories of the United States, but that that waas the object sought to be attained, and that there was no other object in view. I beg leave to turn again to the Richmond Enquirer, the organ of the democracy of the south; a paper that wields more influence than any other paper in the southern states. What did that paper say during the late campaign} in reference to this measure? In an article in that paper of date September 12, 18567 1 find the following: 902 [36th Day Mo-ii,dayl [March 2d CLARKE, of J. SUFFRAGE RESTRICTED TO WHITES. '[onday] CLARKE, of J. [March 2d Cuba is to be acquired at every hazard, and that for the benefit of slavery. To this policy, Mr. Buchanan is fully committed. Here is niy withliless. Mr. A. G. Brown, United Stttes Senator from MNississippi, in his letter, giving an account of his reception from Mr. Buchanan, whei hei went to infor'm him of his nomination for the presidency, says: sg Bu t K lnsas would have been a free State if the ilissouti r estrictio n had not b een repeal ed; and instead of au gmenting the po wer of the south, wou ld h ave recr uited th e ranks of abolitionisr,m." So, it seem s, tha t th e d emo cracy d id not d esign merely to let slavery into Kansas; they had political motives at ha theat; they designte to restohe the equilibrium o f the south inl t he S enat e, and place Kansas there with her ssetvi St;nators, anid sthel-s t his paper says-to resist the admission of any mor-e free States. That waso the purp ose; t h at was the object. Alrd I have no doubt that Stephen A. Douglas, when he i ntroduced t he provs-ion r ep eal ing the Aliso utri Comprom eist ise, representing not the people of Illinois, but his plantation and hlaves in 5lIlsis,,ippi, had in view his own interests, and those o te oter f hundred theousand slave holders in tke country, and designted to give themn the power and ability to control the federal g)verlinm-,t. Arid against this, northern democrats have not a wor-d of protest to utter. This is what was intended by the repeal of the Mlissouri Comnpromaise. It was to perpetuate and extend slavery into Kansas; and by making Kaunsas a sl;ave State, with a slavery representation ill Wilshinlgrton, to resist the adm)ission of any moie free St.Ltes. That was perlfectly utinderstood. Upon this point, I beg letve to refer to a certain Maljoi Btuflor(i, who obtained soume distinction last summluer by ecolducting a body of arnmed men into Kitsas, in which patriotic object it seems he btlrikrupted himself. While in the midst of his ctnimp.Lign there, he issued a proclamation calling for help, in which he avowed this doctrine. Thte south understood it, and if the democracy of he north do not understand it, thed they must be dupes. Here is what Buford says: ' HIerewith you will find the appeal of some friends in Kansas, together with a letteraccrediting me as their agelit to solicit your aid in imaintaiing that indispensable breakwater to the angru-y tide of abolition. Want of tihie forbids me calling on maily of you personally.Read that address thoughtfully: consider that if Kansas, our natural boundary to the northwest, is lost, that then Mlssouri, arid all west of the NMississi;pi, nay, too, all east of it, must soon follov, while, if we nmaintain it, the territories west of Arka;nsas and Texas are safe to us, nay, the future is safe." If tile south can maintain slavery in Kansas, slavery is safe for all the other territories west of it; and as tMajor Buford says, safe for all future time, and the south will thus have the control of the destinies of this government, and of its people. But let us look at this subject in another light. There is in this democratic platform a resolution thatt poiiits beyond the territory of this country; that points to the island of Cuba. We find that the democracy are even n1ow committed to the d,,ctrilne put forth by James Buchanan, that if we cannot buy Cuba, we must steal it. " WASHINGTON CITY, TWednesday, June 18, 1856. } "llY DEAR SIR: I conlgratulatte you on the nomination of your favorite candidate for the Presidency. i If thew nomination of Mr. B uchanan was acceptalr)el to me at first, it is still mo re so now, since I have seen him and heard him speak. The commnittee, of * hich I was one, waited on him at his residence to give him formial and offici,al notice of his nominjation, and, in the name of the Natioonal Democracy, to request his acceptatnce of it. We fo)und him open, frank, atndI wv;holy undisguised in the expression of his sentirmets. Mr. Buchanan said, in the presence of all who bad assembled —and they were from the North anti the South, the East and the Westthat he stood upon the Cincinntiati 1 lattfolrin, asnd indorsed every part of it. Ile was explicit in his rematrks on its slavery features: sayiig that the sl,avety issue was the absorbing element in the cantvass. - X - * " After thus speaking of Kansas and the slavtery issues, Nlr. Buchanan passed to our fo,reign policy. He approved, in general terms, of the Cincinnati resolutions on this subject. But said that while enforcing our own policy, we must at all times scrupulously regard the just rights and proper policy of other nations. He was not opposed to territorial extension. All our acquisitions had been fairly and honorably made. Our necessities might require us to make other acquisitions. He regarded the acquisition of Cubat as very desirable now, aitd it was likely to become a national necessity. " After the formal interview was over, Mr. Buchanan said, playfully,but in the presence of the whole audience, lf I can be iiistrumental in settling the slavelry question upon the terms I have named, and then add Cuba to the Union, I she'll, if President, be willing to give up the ghost, anti let Breckinridge taxie the g,overnment.' Could there be a more noble ambition? * * * * In my judgment, he is as worthy of Southern colfideotce and Southern votes as Mr. Calhoun ever was." * * This letter was addressed to the Honi. S. R. Adlams, the other senator from Alississipl)i. Let Northern Demo —)crats mark well this letter. Aye, sir, if this Dernocratic party can only settle this thing called slavery in the national territories; if they can only put the South in a position to r sist the admission of any mnore free States; if they can only tie harnd and foot the people of the free States, then Mr. Buchanan will iii,ve no,thing on his hands, and he can turn his at I 36th Day.j 903 Itionday] CLARKE, of J. [March 2d SUFFRAGE RESTRICTED TO WIIITES. [Miareh 2d its act? I say it cannot be produced. No man can point me to a single thing that it hbas ever done calculated to promote the inte rests of the free states. It does not now avow a single principle of that kind. tention to the acquisition of Cuba, upon the principles of the Ostend manifesto. For what? Whether to make that beautiful island the home of freemen, or to extenld further this system of slavery, I leave to Northern Democrats to determine. There might be much more said upon this subject. There is a mass of testimony which is perfectly overwhelming. But I have now gone over the ground I had marked out. I have aimed to put upon the record of this conve ntion evidence that I at least think is irrefragable, showing the position, aini and scope of this Democratic party for the last ten years. And if that evidence does not establish to the satisfaction of the people of this state, the fact that that party has completely reversed its position; th at, so far from being a national party, it is a sectional party; that its sole object and purpose is the extension of slavery, and the strengthening of that institution, not only in the states, hut in the national government, then I am mistaken in the force of human language, or the power of comprehension possessed by the people of this state. Having done this, Mr. Chairman, I do not-propose to enter into any discussion as to the merits of the Republican party. The gentleman from Des Moines [Mr. Hall] and the gentleman from Marion [Mr. Gibson] may utter their sarcasms against it. They may tell us that it is a new party-inot weained yet, to use their own expression. We admit that it is a new party; but the history of the world establishes the fact, that a new party is always an honest party, and always influenced by patriotic motives. Now, let us look a little further into this mat ter. I want to shaow what has been the position of the Democratic party in relation to the ac quisit ion of territory. In all these conflic ts concerning the acquisition of territory-in the case of Tex as anal of Mexico-we h ave always found the Democracy arrayed o n th e sid e o f ex tension. They have always be e n upon the side designe d to' avo r the slave States, by the ex tensi o n of slavery. They have rever onc e stood up for th e extens ion of free territory. I have in ma mind a famo u s h istorical feact, which tNorthlern Democrats seem to hav e forgotten. I re smember that James K. Polk came into the Presidesncy u pon the platform of " fifty-four fortv or f ight," i n relation to Oregon. But that was Northern t err it ory; it could not be useful to slat ery extension; slav e ry could not go in to Oreg on. And T ho mas H. Benton, of Mis souri, knocked the breath out of "fifty-four forty or fight;" and the Nor thern Democra cy yielded, and c ame down to " forty- nine," because the South, with Thomas H. Benton at their head, demanded it. They were not so anxiou s to ex te nd the area of freedom then. But when i t comes to Southern territory, these gentlemen are not allowved by their masters to yield an inch. There is another region of country about which there has been something said; 1 allude to Canada. If the people of Canada and the people of the free states should unite in asking that that country should be annexed to the United States, I ask where Northern Democrats would stand.? Why I ought not to ask that question. They are not allowed to answer; they are not permitted to take a position; they did not make the platform upon which they stand. The South treats them as she does her slaves, and they obey her quite as submissively. I should go to their masters and ask them: Democrats of the South, are you willing to annex Canada to the United States? And I predict that if that question is ever asked, every man of them will be found as firmly opposed to it as they are now in favor of the extension of slavery in the territories we now possess. There is no honesty, there is no fairness, in the conduct of the Democratic party in reference to this matter, and it but goes to prove the fact, that the whole object and purpose of those Southern task-masters, with whom Northern Democrats are combined, is to extend and perpetuate the institution of human slavery. Now, in view of these facts, I ask, what becomes of the declaration of the gentleman from Des Moines [MIr. Hall], that the Democratic party is a national party? I ask, in what single particular is it a national party, where is any evidence found of that in its declaration or Such I believe the Republican party to be, and such I trust it will always remain. It is coinposed of the best men of all parties-men attached to the principles of the fa,thers-men who love liberty more than slavery-and who possess a power that sarcasm cannot disarm, and before whom passion and prejudice stand abashed. And, sir, if Democrats upon this floor could have seen these men, as I saw them, at the PittsburghConvention, a little over one year ago, even their hearts might have been warmed with admiration, and a desire to uphold aiLd maintain in their purity the institutions of their fathers. But they do not, and will rot, see the movement of the people. They close their eyes to the truth, that the world does move on-that the great doctrine of human, rights is advancing; and hope by their miserable sarcasms again st the Rep ubli can pa rty, and their wilful misrepresentations of its principles, to be able to destroy that T)arty. But, despite all their efforts, our cause advances, and the Republican party, within a year, has effected more for civil liberty, than was accomplished in years before. The opposition may oppose it; they may sc,orn it; but the seed is sown, and the prediction of the Richmond Enquirer will yet be realized. Our late defeat is but a postponement of ourtriumph; and four years hence, the people will rise in their might and place in power those who 904 [36th Day Mondaylj CLAITKE, of J. SUFFRAGE RESTRICTED TO WHTITES. mody ISRI-LS L-rh love liberty more than slavery-their country plainly and unmistakably developed to the more than party. understanding of every inun, who is willing to Mir. hARRIS. I do not rise for the purpose take history as it is, and to treat facts fairly, of making a spheech, for the simple reason that and as they really exist, it is that the democrat I believe hae heard the arguents presented ic party as a party, have not sought or desired by t e gentleman from Johnson, [MIr. Clarke,] the extension of slavery. this afternoon, answered before the election Gentlemen say here that there is but one took place. There is nothing new in them. party at the south, anrid that they are united to And not only that, I heard the gentleman advo- a man in favor of this extension, and that they cate the self-same sentiments some eight years were unanimotsly in favor of the notminee of the ago, when the majority of those who are associ- democratic convention. Now it is notorious ated with him here now, took positions entirely that the Louisville Journal, as soon as the nomadifferent from those he now takes. ination of Mr. Buchanan was made, arrailnged it But I rise for the purpose of asking the gen- as having been secured by the abolitionists of tlenman a question that I would like to have an- the north, ad fought it to the bitter end. swered to my satisfaction here. He seems to Now the fact is, that the democratic party has think, or to assume, that the democratic party not committed itself eithcer to the abolitionists all over the country have taken the position in of the north, or the slavery propagandists of favor of extending the institution of slasvery the south, and that is the headand friont of their but vice versia, of course, in regard to the positioil offending. of his party. I want to know why it was, in re- The history of these matters are before the gard to the bill before Congress, providing for country, and especially the history of the actire adnission of Mlinnesota as a state into the tion of the republican party in Congress, of Union, such men as Lewis D. Campbell of Ohio, which 1 have spoken, and I think that is suffiand others ofthat stamp, voted against it, and cient to indicate what is the truth of the case Howell Cobb, of Georgia, and others of that in regard to this question. stamp, voted for it? Such is the fact, as gentlemen must know if they are in the hab)it of do am rewiy to vote upon this resolution and donot wish to take up any fir'ther time or thre consulting the columns of the New York Tri-dontwstotk pryfrhrimofta consulting the columns of the New York Tr- convention upon it. I would ask if an amend bune. menit to this resolution would be in order? And there is another thing. The gentleman The CHAI N. It is open to amendment. seems to take a great deal of pride in the fact lr IAR. Itipn aendent that his party has no history. And he claims r HARRS I have an amendment by wy that, as t matter of course, it is an honest party of substitute for this resolution, that I desire because it has no history before the country. I to offer. want to know if we are to take as evidence of The CHAIRNIAN. It would not be in order the honesty of that party, the investigation and to offer a substitute for this resolution at this controversy now goia,g on between the several controversy now goloilgon between the several time, there being an ametndment to it pending, Kansas aid committees, where they are charg- wh.ch must first be disposed of. ing each other with peculation, fraud and cor- Mr. ELLS. I do not propose, MIr. Chairman, ruption in the contributions which they have to occupy the time of this convention by an obtained all over the country upon the plea, elaborate argument in favor of human rights, that they are to be used to aid poor, oleeding the freedom of speech, or the freedom of the Kansas? Gentlemen here know that this con- press. But 1 do desire, since we are speaking troversy is going on; that one man at the head to the book, to s y a few words for the benefit of this committee is charged with squandering of the constituents of the gentleman from Wasome thirteen thousand dollars of the fund rais- pello, [Mr. Gillaspy,] and 4o read a few passaed to assist the poor in Kansas. ges from an old document. If I am to judge of Now are these things to be considered as evi- the constituents of the entleman by the argudences of the honesty of that partv that thLegen- ments and assertions made by him here, at dIf tlemn presents to us here for our commend ferent times, it may be well if the book of detion? The matters of which I usae spoken bates and proceedings we make here shall conhere are matters of history. tain some old doctrines for their benefit; for I Seo fare mattherdsusio ~oft ht h eYork. So far as the discussion about the New York apprehend, if he represents them corr ctly, they Day Book is concerned, I have only to say that are not very wel' posted in the old history of I hli-ve heard these charges before. I suppose I the party to which he claims to belong, and the am as conversant with the history of the dem- history of the country under which be has etiocratic party, as isthe gentleman from Johnson. joyed so much liberty. And will gentlenmen come here, and in face of That gentlemnan has thanked God that he was the votes given in this convention, and betore a white man he has thanked God that his conthe members here, assert that the dem- stituetits were white and had white children; ocratic party of the north are in favor of the and he says he does not wish to have them eduextension of slavery and nothing else? We cared alotrgside of black children. It is well to have certainly had an opportunity here to de- be thankful to God for the blessings we enjoy fine our position before the country, and I un- but I apprehend th:at if the gentleman wishes to dertake to say that if there is a fact that is return his thanks to the author of his imp~aca D- 0 5 36th Day.] [',Ilarch 2 d 3ionday] I-IARRIS-ELLS. SUFFRAGE RESTRICTED TO WIHITES. ondayl ELLa. 3iareh 2d or in the militia when in actual service, in time of wa', or public danger; nor shall any person be stibject for the samie,fifence, to be put twice in jeoi)al dy of life or linb; nor shall he be compelled, in any criminal case, to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation." Does that look like a class of men, who would have enacted that infamous fugitive slave law? Again: sm In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by sfn impartial jury of the State and district wherein the cri me shall haoe been comnaitteW, which district sh7wll have be en previously ascertained Say,aw, and to be isnfoirmed of t he nature and cause o f the accusation; to be confronted with the witnesses agaiinst him; to have comiipulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. " In suits at common law, when the value in controversy shall exceed towenty dollars, the right of trial by jury!.hall be preserve'; and no fact tried by jury shall be otherwise re-examined in any court of the United States, than according to the rules of common law." I refer to these provisions to show bow jealous were these men of their rights; not because they are anything new or utnlhea-r(d of. I want them to go into the book, and be read by the constituents of that gentleman, who tihanks God that he is a white man. Again, in article four, section two, I find the following: 1' The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States." This is one of the most important clauses in the whole constitution. It means simply that a citizen ot Iowa, when he goes to the State of Louisiana, shaill there enjoy, as a citizen of Iowa, the rights and privileges of a citizen of Louisiana, the right of flee speech and free thought, the right of locomoion, all belong to him there. And so far as this constitution is concerned he is just as completely guarded and protected as if he were in his own State of Iowa. The gentleman from Des Moines, [Mr. Hall,] seems to have become ala-rmed at the thjunjder of the gentleman from Johnson, [MIr. Clatirke,] and retreated from his seat in time to save himself. I am sorry that he is not here, that I might ask him a que,tion; but I will ask any other gentleman, who will answer for him, what rights I have south of Mason & Dixon's line if I write or speak one word against the institution of slavery? Carl I go there and enjoy free speech? I may enj{oy free thoug~ht, if I do not think aloud. But can I there enjoy the liberty I enjoy hiere, of speaking honestly against the worst institution tha~t Gt~d ever,ermltted mlans to inflictt upon his fellow man? No, Fir; I cannlot do) that. The unlion tfilmed by my forefathers is not a union ble and bitter prejudices againstcolor, he should bo ths nkful to tile prince of darkness, for he, rather than h is laker, was the author of that feeling. (Laughter.) N,)w, sir, let us look at the foot-prints of our forefathers, and see if they have not left some record t)y which we can guide our course in th e admip inistration of public affairs; some guide for us while we are preparing a work here for posterity to r-ead and learn from. 1 therefore propose to read a p art of a n o ld docum e nt fo r t he benefit of the gentleman from Wspello, and some o ther gentlemen here, who, according to their argumnents, must represent constituencies who havue riot read this old document. It purports t o hav e been brought int o existence about th e y ear 1776-a l ong time ago-so lo,-g a time, I apprehend,s according to the re coll ection of mond1ernu Democracy, as to have become almost obsolete. It reads thus: ' We hold the se truths to b e self-evident; that all me n ar e created equtl; that they are ein dowed by their Creator wit h certa in inalienable rights; th at amngon these are life, liberty, and the pursuit of ha ppinees.' Th ese aire the doct rines of the old f athers; the f o otprints they ol.ave left be hind them by which we can trace t he pro gress made by these noble an d ood men. That was in 1776. Wve will now com e down to 1787, wh en t h at same class of good men assembled togethe r fbr the purpo se of forming an organic law for the nation, as w e arete now er tyin to itnm an organic law f or or arState. Whaet do they say? se We, the people of the U nited States, in order to form a more perfect union, establish justice, insure domeistic tralnquility, provide for the commot defe nse, pr omote the gener al welf r e, and secure t he blesrsings of liberty to ourselves, and our posteritys, do ordain anud establish this Constitution for the United States of America." That is what they desired to do; that is what they met to do; a nd it is no wonder they intended to do it, because y rethey have declared the broad principles upon which they organized themselves as a nation. But like other men, they dia not see all the dangers that lay in their way. And accordingly after a few yeals they discovered that they had not sufficiently guarded the rights of man in every respect. They then amended this constitution; and what did they say? " Congress shall make no law respecting an establtshmnent of religion,, or prohibiting the free exercise thereof; or abridging the f'eedom of speech, or of the press; or the r ght of the people peaceably to assemble, and to petition the government for a redress of grievances." And again; I want to show you how jealous they were of their rights, and how careful they were to gualrd them: ~' No person shall he held to answrer for a capital, or otherwise inhamouls crime, unlelss on aw presentment o~r indictment of a gra~nd jury, except in cases ar~.sing in the land( or navtal Ibrces, 9 0 (i [36th Day. .11 o ilk d ay I ELLS. (March 2d SUFFRAGE RESTRICTED TO WHITES. oi'day] ELLS. [iarch 2d deavored to carry out their policy of dictating to their followers what they should think, s'Ay, and do, as party mtn. I can refer gentlemen to the history of the Democratic party of Ohio, where I had the honor, or rather the dishonor, of being a member of that party. I was a member of the Demo(ratic c)nvention that assembled at Colunmbus in 1840, for the purpose of effecting the nomination of Martin Van Buren for the Presidency of the United States. In order to conciliate the South at that time, the Hon. Thomas L. Ilamer, chairman of that conven tion, had been for several weeks preparing a set of resolutions to be adopted by that convention, and circulated at the South, in order to secure the support of the South for Van Buren. Most of you will recollect that in the constitutional convention of New York, in 1821, Van Buren had voted to give the colored noun the right )f suffrage; and that act was, of course, regarded as a crying sin. It was therefore necessary for the Democratic leaders to whitewash ovw,r, in some way, this, the brightest spot in the history of Van Buren; and in order to do it, this Thomas L. Hamner prepared a set of resolutions, in one of which it was declared that the Abolitionists were old black-hlearted Federalists in disguise; and in another, that no member of that party belonged to the Democratic partyboth of which declarations were utterly false. I had lived in Virginia in my boyhood, and had seen slavery in its mildest forms; and having seen it, I know what it is. I say this to show that my feelings in early boyhood were opposed to slavery. I had witnessed its blighting influence upon the people. I had seen poor white men much more degraded than the body servants of gentlemen. I had seen enough to teach me, as a boy, that the institution was an infamous one-that it was degrading to human nature. And when I came to Ohio, I came there with the same feelings, and the same instincts, against this accursed institution. Again: I had more than the sight of it to make me bate it. I had learned my political lessons from the history of one of the best and greatest men that God has ever made —I mean when you combine his greatness with his goodness-Thomas Jefferson. I had learned my political creed from the writings of that great man. I had there learned that the doctrine of " the greatest good to the greatest number" was the only right rule of action for any man, either as a moralist or as a politician. I bad learned there, too, that he defined the word',Democracy" to mean, equal and exact justice to all men. I had learned in the writings of that great man —that great apostle of liberty-that he looked upon slavery as the greatest evil there was in this country. In his letter to Governor Dunlap, of Illinois, when the Governor wrote to him asking him to use his influence to introduce some system by which slavery might be removed from the country, he replied in substance as follows. for me, if I attempt t o say o ne word against this accursed system of human slavery. Th e n th e assert ion of th e g e ntleman from Des l-,ines, [lr. Hall,] that whe rever the flag of this Union may wav e, m an can ejoy all the privileges of citizenship, is a lie, so far as I am concerned. I can use no term in regard to it other th an it is a lie, betause have e tried it myself and know what it means. I would ask th e gentleman from Des Moines, if he is conversant with the his tory of his own country in r elation to this slavery agitation? I wo ul d c all th e attention of gentlemen to a fact that h appened as early as the year 1835, (and the same, in substance, has frequently occurred since,) to sho w thaat there is no true liberty south of M ason & Dixon's line. A friend of mine, by the n ame of lr. Amo s Dr esser, a miliister of the gospel. and, a t that time, a colonizationist, wen t to t he sout h as the ag ent of the American B ible Soci ety, and took w ith him a l ot of B ible s put up in New York. He opened his s t ock of goods in Nashville, Tennessee, and there distributed a few o f his Bibles. Son,e person discovered that the paper wrapp ed around the Bibl e he had obtained wmas a copy of the "Em ancipator," a newspaper then published in Ne w Y ork; and, upon the strengl ch of that alone, Nr. Dresser w as arrested, taken before the most distinguished and influential citizens of Nashville, a nd t here exanined. He was asked if he wa s an abolitionist. He said he was not; that he was a colonizc ttionist; that he had never been in an abolitionist meeting in his life Yet, because of this paper that they found around that Bible, the y con demned him to receiv e fifty lashes upon his bare back. He was taken out, stripped, and tied toa whipping post, then, as now, i n use in that city, and the lashes inflict ed upon his bare b ack until the blood trickled down to his feet; and then, onl y through the inst rumentality of f riends, did Mr. Dresser escape from that city with his life-escaped under a false name f'om that land which t he gentleman from D es Moines says is a land wh ere a man, u nder the flag of his country, can enj,oy the privileges of liberty. I refer to this matter, which is known all over the country, to show that the state of Tennessee is not only a place where a man cannot erjoy liberty, but a place where, for no offense or crime, his back was scored with the same lash that is used upon the naked body of the poor slave. This, sir, is onlv the legitimate fruits of that "peculiar institution," which the geiltleman's friends are moving earth and bell to extend over the free territories of these United States. I refer to these matters in order to show gentlemen, when they arraign me for having left the D)emocratic party, and gone off upon a false issue, that I have only gone from them in order to sustain myself in the enjoyment of those rights which God has given me, as a man, and the equal of every other man. But, Mir. Chairm an, this is not the only instance in which the leaders of that party en "The time, my dear Governor, fo r the accomplishment of that desirable object, by us old rev 36th Day] 907 Monday] ELLS. [.Diarcli 2d SUFFRAGE RESTRICTED TO WHITES. [o6th Day. ELLS-PETERS —GIBSON-SCOTT-BUNKER-IIARRIS. [parch Ad conclude by making a single remark more. I wish to say that 1 have listened, with great pleasure, to the very able speech made by my friend Irom Johnson, [Mlr. Clarke,] and I take pleasure in calling him a friend and brother, in the great work of humanity. He and his repub lican friiends have differed about several mat ters, during the progress of our discussions here; but I feel that what lie has done to-day has been sufficient to roll the wave of oblivion over every thing that has passed since the commencement of the session, so far as difference of' opintion has taken place between himse'f and the republican party. I am gla I that he stands upon a plat form so high; and I rejoice that he has placed upon record such an able argument, vindicating the consistency of the republican party, and showing up so admirably the inconsistercy of the democratic party from 1840 down to the present time. Having already detained the convention too long, I tear, I will now resume my seat. Mr. PETERS. I move that the committee rise, report progress, and ask leave to sit again at 7 o'clock this evening. Mr. GIBSON. I wish to make a suggestion; and I would ask the gentleman from Delaware to withdraw his motion for a moment. Mr. PETERS. I will withdraw it. Mr. GIBSON. It was announced here this morning that it was absolutely nec(-essary for some gentlemen to disgorge themselves of the speeches, which they have had in soak for a week past. To use th l nae language of the gentleman from Warren [Mr. Todhunter], they were big with speeche s, of which t hey wished to be de - livet ed. I wish to suggest that if there are other gentlemen here who are i n th e same pre dicament, and who have speeches of which they desire to be delivered, tha t we meet here at 7 o'clock this evening; and for one, I am willing to stay here and listen to them t ill 11 o'clock, t.f it be neces sary. Nothing, ertainly, can be more gratifying to me than to see persons enjoy themselves; and if this would be any enj lyment -to them, I have nio objection to meeting here at that time. Mr. SCOTT. I hope the amendment will not prevail, as I understand the gentleman from Marion [Mr. Gib son ] i s big with a speech. Mr. BUNKER. I hope the debate will not be stopped here, as I wish myself to take particular care to nurse, dress up, and put in proper form, the delivery w;th which the gentleman from Marion [Mr. Gibson] favored us a few evenings since. [Laughter.] Mr. PETERS. I renew my motion that the committee rise. M~r. HARRIS. I have no objection to gentlemen being Gritty, if they desire to he so, but I have been unable to enjoy the sport in which somle gentlemen seem to indulge. As we have been debating this question, 1 hope th0 committee will rise and ask leave to sit again. olutionists, has gone by. Our mistake was, in not extending th e doctrines of the Declaration of Independence to all classes of persons in the country. In that hou r, whe n mu tua l peril begot mwtual confidence, we could ihave done th..se un fcrtunate persons a portion of that justice which r hie t itis rightfully their due bt it is now too late our irflulence has gone wi th the time s that crea ted it. It is for the young men ot' this country to take up this subject, a nd do that for p osterity which we, unfhvevt ortunatelh for our country, failed to perform. Andsi, sir, judging from your let t er, I think you are on e o f those young men that are just fitted to grapple with this monster ev il, and esietualiy p rovid e for i ts overthrow." But aIr. Jeffterson did not stop the re. In his " Notes on Virginia," when he re viewed the h is torn of t he cou ntry, whe n he witnessed the el fecits of slaverv upon the white classes, he trem bl ed, ihe said, ifor his country, when he remem bered that G sd wa s just, and that his jus tice could not sleep f o rever; and that a turn in the wheel of f ortu ne mig ht bh ing the master to the fee t of th e slave. A nd ye t we have seen men, claiming to be disciples of this great and good rmn, standingy tip here atd thianking God that they we re white men, and that their childtren were white. I indulme il i th ese remarks, vIr. Chavirmaon, in justification of the course I have been compe lled to take, in departing from what is called the democratic party; and in justification of the course I have seen proper to take in this convention. I hav ee here uniformly voted for the largest liberty to the largest number of mankind, so far as we are called upon to act for them. In votin, here, I have voted according to the dictates of my conscience, because I wish to leave in the constitution we are here framing, an impression that shall stamp it as one of the progressive and onward movements of the nineteenth century. I want it to stand out clear and independent, as something in advance of anything else that has been established in days gone by, so that upon examination it will be found that we have made progress in the right direction. If this shall be the result, I shall feel myself thankful to the republican party of this convention, that they have had the back-bone, as well good sense, to stand up here and advocate these principles, and leave upon record the evidence of their sincerity. And I believe, sir, with the adoption of such principles, when this constitution goes forth to the people of Iowa, it will become the most popular doctrine that has ever been advocated in this State, and it will do honor to the party that brought it into being. I would like to say to the gentleman from Des Moines, [Mr. Hall,] that he has redeemed himself in my estimation by a single vote cast by him in favor of securing the blessings of education to all the children of the State, regardlless of their color. Not feeling, M~r. Chairman, willing to occupy the time of the convention any longer, I will 908 'llonday] SUFFRAGE RESTRICTED TO WBITE8, irfon-ayJ il*st~I5-TRAE~-BU~KER. [March 2d The CHAIRM.IAN. I wish to say that the Again: If that same party did strike down committee have no right to determine whether that provision of the constitution of the United we shall have an evening session or not. States which secures to every citizen the free Mr. HARRIS. I would certainly like to dis- dom of speech, in the destruction of the press in pose of this question this evening. I am, per- the territory of Kansas, although that act might haps as fond of talking at times as any other be clearly traceable to the Democratic party, gentleman; but I must say, that there has not from the fact that it was done by the authority been a time since the commencement of this of the judicial department of the government in session that I have been disposed to talk for the Kansas, and done by men holding their appoint mere sake of talking. I did not come here for ments from Franklin Pierce, and whose conduct the sake of making political capital f r the De- was sustained by the Democratic party in Con mocratic or the Republican party. I came here gress, I could not perceive that that fact had to represent the sentiments of the people who any especial bearing upon this resolution. sent me here; and when I have done that I Again: If the Democratic party-this consti shall be satisfied, no matter what gentlemen tution-loving and law-and-order-abiding party may think about the position in which they -did trample upon the freedom of the elective have placed me. franchise in Kansas, by some slight irregulari The question was then taken upon the motion ties, of which the gentleman from Des Moines made by Mr. Peters, that the committee rise, and [Mr. Hall] speaks, I could not perceive that it it was not agreed to. had any particular connection with the subject it was not agreed to. ~under Iconsideration. Mr. TRKER. I desire to ask whether there underconsideration is any other gentleman who wishes to make a Again if the same democratic Congress, that speech upon this subject? If there is not, I passed the Kansas and Nebraska act, and pro desire to make a motion. claimed at the north the doctrine of popular M or. BUNKER. I have changed my views sovereignty,-if the same Congress that pro.r. B UNKER...av e.ha n ged my v iews claimed this doctrine did declare certain in relation to this question since it first came laws of the territory null and void, and of no before the convention, and I would like to give v a my reasons for suc h chandw lege. effect, thereby virtually repudiating the whole mv reasonsorsuchchangedoctrine of popular sovereignty, I could not I would remark here, that I did not come here perceive that that fact had any particular bear for the purpose ofstriking out the word "white," ing upon the subject under discussion. or meddling with that word in the constitution; During all this debate, I have been in the but I came here simply to assist in making dark. The subject was laidupon the table and some amendments to the constitution, and i anotherarticle of treconstitution, the bill of hoped that the convention would dispose of them rights was taken up In that article the com as soon as possible, and then adjourn and go mittee have reported about the ordinary prop home. When this resolution was presented to osition to be found in articles of this character, the convention, it struck me rather unfavora- that every person shallhave the right to trial by bly, although I have acted with my friend from jury, where his life or liberty are in jeopardy. Henry [Mlr. Clarke] wherever the natural rights When this matter came up, the democrats of of man were involved, and wherever there was the convention immediately smelt a negro, and something required to enable every human then they claimed it would never do for us to being to come into court and defend himself. lay down as a principle in our constitution, that WVhen this resolution was offered, and the de- a man may have a right of trial by jury, where bate was proceeding, and one speech was made his life and liberty were concerned. I then beafter another, I was so blind that I could not gan to perceive that this thingbad some bearing perceive that they had any connection with the upon the subject under discussion. I then beresolution under consideration. I very earnest- gan to ask myself, whether this resolution was ly sought to arrive at any knowledge that would not proper in itself.-to ask myself how far we enable me to see any connection between the might go on with class legislation, which would speeches made and the resolution. If the great tend to jeopardize our own liberties. If the and glorious constitution-loving and law-and- democratic party upon this floor were alarmed order-abiding Democratic party did, some years at the very idea of affording protection to all the ago, violate that clause of the constitution citizens of this state, by giving them the right which secures the right of petition, by striking ofa trial by jury, I began to think that perhaps ;t down in the Congress of the United States, I we could not safely enter upon this class legiscould not perceive how that had any connection lation, without endangering our liberties. The with the subject before the convention. Even question arose in my mind, whetherit was safe f that party sold themselves to their enemies, for us to adopt any distinctions in our constituhe Whigs, and served them in boondage for a tion, if they must be brought to bear upon the umber of years, and then did return to their citizens of Iowa, in order to carry out class legrst faith, and abandon the worship of false islation. In taking this view of the subject, I rophets, and were restored again, and were partially changed my opinion upon this subject. hen prepared to restore the right of petition, I The gentleman from Des Moines, [Mr. Hall,] ould not see what connection that had with the said that agitation upon such questions as we ubject under consideration. have been discussing here, was dangerous, and 115 q% 3 6th Day] .XContfayl IIARRIS-TRAER-BUNKER. EDIarch 2d Again: I'f that same party did strike down that provision of the constitution of the United States which secures to every citizen the free dom of speech, in the destruction of the press in the territory of Kansas, although that act might be clearly traceable to the Democratic party, from the fact that it was done by th —, authority of the judicial department of the government in Kansas, and done by men holding their appoint ments from Franklin Pierce, and whose conduct ivas sustained by the Democratic party in Con gress, I could not perceive that that fact had any especial bearing upon this resolution. Again: If the Democratic party-this consti tution-loving and law-and-order-abiding party -did trample upon the freedom of the elective franchise in Kansas, by some slight irregulari ties, of which the gentleman from Des Moines [Mr. Hall] speaks, I could not perceive that it had any particular connection with the subject under'consideration. Again, if the same democratic Congress, that passed the Kansas and Nebraska act, and pro claimed at the north the doctrine of popular sovereignty,-if the same Congress that pro claimed this doctrine did declare certain laws of the territory -null and void, and of no effect, thereby virtually repudiating the whole doctrine of popular sovereignty, I could not perceive that that fact had any particular bear ing upon the subject under discussion. During all this debate, I have been in the dark. The subject was laidupon the table and another article of t'-e constitution, the bill of rights was taken up. In that article the com mittee have reported about the ordinary prop osition to be found in articles of this cliarqcter, that every person shall have the right to trial by jury, where his life or liberty are in jeopardy. When this matter came up, the democrats of the convention immediately smelt a negro, and then they claimed it would never do for us to lay down as a principle in our constitution, that a man may have a right of trial by jury, where his life and liberty were concerned. Ithen be gan to perceive that this thingbad some bearing upon the subject under discussion., I then began to ask myself, whether this resolution was not proper in itself.-to ask myself how far we might go on with class legislation, which would tend to jeopardize our own liberties. If the democratic party upon this floor were alarmed at the very idea of affording protection to all the citizens of this state, by giving them the right ofa trial by jury, I began to think that perhaps we could not safely enter upon this class legislation, without endangering our liberties. The question arose in my mind, whether it was safe for us to adopt any distinctions in our constitu SUFFRAGE RESTRICTED TO WHITES. BUNKER. Marcb fd from any other cause. I formerly myself entertained such sanguine hopes; and we all, more or less, at some period of our lives, entertain sanguine expectations with regard to the success of measures in which we are interested; but they are dispelled as time advances. In looking over the history of the world, I find that there were men, who lived long ages ago, who were just as sanguine with regard to the future as the gentleman from Henry, and who prophesied that certain things would come to pass. I think the brothers Gracchi, when they undertook to protect and elevate the populace of Rome, in opposition to the aristocracy, might have been just as sanguine and positive, knowing the justice of their position, that they woul d su cceed and carry out their measures within a few years, as the gentle ma n from Henry now is i n relation to this matt er. They fell, and their movement is now known i n h istory as merely the sedition of the Gracchi. At a later peri o d in Roman history, wh en the da ughter o f a Roman officer was seized, and about t o be consigned t o perpetual slavery, her father, by taking her lif e, aroused the public mind to such an extent, that they threw off the yoke under which they had labored, and showed t hat there was still someve virtue left in the people. After that, the public virtue in the Roman State gradually sank and subsided. In the case of the Gracchi, as I before remarked, there were none t o be found to advocate their measures; they could no t carry the p eople with them, in c ustaiTgne meare ing the measures which t he y h ad proclaimed. There is no necessity, in the nature of things, for a nation that has gained strength and power, to dissolve and perish. It will exist just as long as virtue has the ascendancy- but whenever vice gains the mastery, then it will go down. It should be our aim, in view of the examples which the past history of the world presents, to maintain inviolate the principles of liberty and justice in our constitution, and inflexibly oppose the introduction of any principle which will have a tendency to undermine the foundations of our free institutions. In connection with the resolution under consideration, the gentleman from Mills [Mr. Solomon] introduced a proposition here, declaring that this convention should recognize as property in this State whatever was so held by the laws of any State in the Union. The adoption of this principle would not on.fly carry slavery into this State, but it would utterly destroy the whole principle of States' rights, upon which our government is founded. If a citizen of one State may go into another State or territory, and carry with him anything recognized as property in his former State, and carry with him the institutions of the State which he left into the State to which he emigrates, then you destroy the very principle of States' rights, and make the laws of one State subject to the laws of all the other States of the U~nion. The idea is a monstrous one. The gentleman from Des Mloines [M~r. Hall], to be avoided at all times. I cannot loos upon asgittion in that light; but, on the contrary, I regard it as the life-giving principle of society: I regard it as essential in the moral as in the physical world. We mightjust aswell condemn any agitation in nature, because some unfortuate mariner has been shipwrecked by the upheaving of the waves in a violent tempest, as to condemn agitation in the moral and political world. Wlithout agitation of its waves, the ocean would soon become a putrid mass of corruption. It is agitation which is the principle that keeps everything puie, as well in the physical as in the moral world. The gentleman from Des Moines, []Mr. Hall,] in the course of his remarks, charged us with introducing the negro into every question, and even as having done it in the bill of rights, where the wvord negro is not even mentioned. AVhen the question of giving all the citizens of the State the right of trial by jury came up here, the democratic party could scent the negro at once. One gentleman of that party, however, at first did not perceive the scent, and voted with the Republicans; but he was soon whipped in, and the next morning he appeared upon the journal all right, and the whole party were then recorded as being against giving the right of trial by jury to all the citizens of Iowa, merely because they supposed they perceived the scent of the negro in the proposition. When these things happen, it is time to look around us, and see how far we can go without endangering our own rights. The gentleman frora Des MIoines gave us, in his speech, quite an extended account of negroes. He said that this proposition, in regar d to t he r ight of suffrage, was introduced for the ben efit o f that class. H e d eclare d, among other things, in the course of his remarks about negroes, that the mulatto was a hybrid. Now I understand a hybrid to b e a mix ture of two di stinct species, such as for instanc te the huma n with some other. In that vi ew of the subject, gentleman ne ed not be alarme d a t striking out the word "white," for if a mulatto is a hybrid, a mixture between a man and som e other species, then the striking out of that word will not be attended with the results which the gentlem an f ears. If the gentleman f rom Des Moines be correct in his position, then there is no danger in strik ing ou t this w ord "white," for we mean to extend this r igh t only to h uman beings. The gentleman from Henry, [Mr. Clarke,] upon the other hand, seems to be exceedingly sanguine that the principles of the resolution which he has introduced will and must prevail, and that, too, very soon; and that the gentleman from Wapello [Mr. Gillaspy,] will himself, at some future day, advocate it. I acknowledge I am not so sanguine upon this matter as the gentleman from Henry. Perhaps he may be gifted with a keener sense of what is to come in the future than I am; but I am inclined to the opinion, that his confidence in this respect results more from a sanguine temperament than [36th Day. 910 3loi-iday] SUFFRAGE RESTRICTED TO WVIHITES. [MIarch 2d alluded, at considerable length, to the irregultrities, as he calledl them, which had been practised upon our borders; and in the course of his remarks, he admitted that considerable many of the charges of cruelty that we re made were true. I wish to examine the subject a little and see ou t of wh at these irregularities grew, which consisted of murd ers, destruction of proper ty, r obberies, and the destruction of the elective franchise. I wli s h to lay down the position, to nmake it as plain as possible, that whatever is nooes occurred in Kansas, by reason of the difficulties between the border ruffians and the citize ns of K ansas, grew out of the great central crime-slavery. And I wish to take the position further, that slavery is, in itself, the mast er crime of all crimes, that it overshadows every other species of crime, and will consequ ently carry all other f orms of crime with it in i ts service. If I can prove to you that there is no other crime of which the human min d can conceive that stands upon an equal footing with the crime of slavery, the n I hope to be able to carry ou t th e othe r t hought which I wish to COIIVEYi. I t i s ge nerally con c deed that the public mind, where there is no prejudice brought to bear upon it, will arrive at very nearly the truth in defining what crime is. We fi nd in our courts, and all through society, a greater sympa thy with th e mur derer, wh o ha s committed a murder from other motives an than that of gain, than with the murde erer w ho ha s c ommitted this crime impelleur only by the desire o f getting money. The public mind stigm atises that as the most debased and damning form of murder. If I can prove to you th a t this th ing of murder for money chang es g rou nd and b e come s a virtue instead of a vice when compared with slavery, then I have e stabl ished the position I sat out to establish, that slavery is the master crime of t he human s oul, and that it will carry all o ther c rime o is into its service when it is necessary for its purp oses tha t the y should be exercised. If I murder you for your money, I am satisfie d with what you have already earned. If I have it in my power to mak e y ou my slave, I am n ot satisfied wi th all you have earned, but I seize upon you, tax your sinews for all coming tie, to satisf) the same passion that I satisfy if I were to murder you. Even if the crime of slavery should stop right there, I would claim that it was ofa deeper dye than that of murder for money. But it does not stop there. I not only say to you that you are mine and must serve me but that your wife is mine. I do not even stop there, but go on still farther and set up an additional claim upon you, and say that your children are mine, and must serve me and my children to the latest gene rati on. to defending slavery upon the ground of color. They do not defend it upon the ground that it was a curse inflicted upon Ham and his descendants; but now southern presses come out and defend it upon the ground that it is right in itself, and that the laboring classes properly belong to the capitalists. If I have established the fact that slavery is of itself the master crime of the human soul, then it follows, as a matter of course, that the murders, burnings and robberies which occurred in Kansas, are so man y parasites clinging to the system, and which will necessarily grow out of the institution, wherever it exists. Now the question presents itself to my mind, in view of these considerations-can we submit to continue this class legislation, which leads to a less or greater extent into that condition? That is the only questi on for me to examine, i n voting f or or against this resolution. As I remarked before, I was at f irst unfavorably disposed to the resolution unde. consideration; but when I come to look at it in view of this quiestion, I really think that we would suffer more by continuing this word " white" in the constitution, and we would be in far greater danger of sapping the principles of civil liberty, than we would by allowing the few negroes who may be in the State the privilege of voting at our elections. Another reason, and it is the great reason, why I shall vote for the resolution is, to give all the people an opportunity to vote for the constitution; for it is claimed, by the friends of this measure, that they will all vote for it, if they have a right to vote upon this side issue. I notice that the leading democratic organ of this city is taking ground against a great deal of the work we are doing here. I am anxious that this constitution should be adopted. A very few democratic members of the convention have expressed the opinion that they should take ground against its adoption. If the organ of the democratic party in this State, and the expression of opinion of a -ew democratic members here, foresha'dow the action of the party, we must look for a powerful resistance'to the adoption of thi s constitution. I would, however, exonerate the gentleman from Des Moines, [Mr. Hall,] fromany such intentions. I was doubtful in regard to his course at first; but after witnessing his earnest labors, and his endeavors to make the various features of the constitution as perfect as possible, and after witnessing his untiring efforts to improve the article on education and selool lands, the article on }hanlks, and other articles. I have become thoroughly convincead that he has worked faithfully to get a constitutiioni suclh as the peoplewill accept. In view of the action ofr~ portion of the democratic party of this convention, in view of the action of their press here, I am led to believe that there will be a powerful opposition to the constitution. If we can secure front four to five thousand votes for it, by sending this resolution to be voted upon by the people as a side issue, I shall certainly vote for it. Thus I think I have clearlv established the position that slavery in itself, without regard to color, is the master crime of the human soul. The whole south have changed their position within the last three or four years, in relation 36th Day] 911 Monday] BUNKER. SUFFRAGE RESTRICTED TO WHITES. PALMER-II-HALL-CLARKE, of Il.-MARYIN-IIARRIS-PETERS, &c. [3Larch 2d stand the intention of the mover of the amencldment. It is in order that the Republicans may say in future that they did not vote for this proposition. The question was then taken upon the amendment offered by Mr. Wilson, and it was agreed Mr. PALMIER. I desire to congratulate the gentleman from Washington, [Mr. Bunker,] up on his conversion to abolitionism. I am glad to see gentlemen show their hands. We are having a good time of it, and I move, therefore, that the committee rise, report progress, and ask leave to sit again. Mr. HALL. I move to amend by saying that the committee shall ask leave to be discharged from the further consideration of the subject. M,r. CLARKE, of Henry. I believe there is an amendment now pending to the resolution. We might dispose of that now. Ir. MARVIN. It strikes me that the commit tee should not rise until we have taken a vote upon the amendment. While I feel anxious to have this debate close, I am equally anxious that gentlemen who desire to speak shall have the opportunity to do so. If no gentleman desires to speak we had better act upon this resolutibn now. Mr. HARRIS. I hope gentlemen will not be m odest in regard to this matter, but make their wishes known. Mr. PETERS. I desire, myself, to make some remarks upon thi s q uestion. Mr. IARVIN. I r enew the motion, that the committee rise, r eport progress, and ask leave to sit again. Mr. SKIFF. Let us vote upon the amend ment. The a mend ment was to so c hang e t he re solu tion that it w ill apply only to the first section of the second article of the constitution, be.ng the article upon th e righ t of suffrage. The question was then taken upon the amend ment, and it wa s agree d to. Mr. WILSON. I wis h to offer an amendment so as to make the latter part of the resolution read as follows: "And if, at said election, a number of ballots, equal to a majority of all the ballots cast for and against this constitution, shall have the words'shall the word'white' be stricken out of the first section of the second article of this constitution?-yes,' then the word'white" shall be stricken out, and shall not be a part of the s aid constitution." The amendment simply provides that the votes upon this proposition shall be governed by the number of votes cast for and against the constitution, and it shall require a majority of the whole number of votes cast for and against the co nstitution to adopt this provision; so that perso ns who d o not choos e to vote either wa y can let it alone, and still their votes would count. Mr. PARVIN. I am~ opposed to the amendment. I desire to have this matter go before the people, and I want to have their votes recorded one way or the other. Mr. GILLASPY. The gentleman from Muscatinc, [Mtr. Parvin,] certainly does not under Mr. PALMER. I move that the committee rise, report progress, and ask leave to sit again. Mr. HALL. I move to amend the motion by saying that the committee report the resolution back to the convention, and ask that they be discharge d from its further consideration. The question was taken upon the amendment offered by Mr. Hall, and it was agreed to, upon a division; ayes 18, noes not counted. The question was then taken iupoil the motion as amended, and it was agreed to. The PRESIDENT having resumed the chair The CHAIRMAN reported that the committee of the wh ole, to which had been referred the re port of the select committee on the right of suf frage, had had the same under consideration, had made some amendments thereto, and asked to be discharged from its further consideration. Leave was granted, and the committee of the whole were accordingly discharged. The PRESIDENT. The question will now be taken upon agreeing to the amendments made in committee of the whole to the report of thecom mittee on the right of suffrage. The first amendment in committee of the whole was to so change the resolution that it will apply only to the first section of the second article of the constitution. The question was then taken, by yeas and nays, upon the amendment, and it was agreed to; yeas 27, nays 6, as follows: Yeas-The President, Messrs. Clark of Alama kee,Clarke of Johnson, Edwards, Gibson,Gillaspy, Gower, Gr ay, Hall, a darris, Hollingsworth, John s ton, Marvin, Palmer, Parvin, Patterson, Peters, Price, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson and Young. Nays-Messrs. Ayres, Bunker, Clarke of Hen ry, Day and Emerson. The second amendment of the committee of the whole was to make the latter part of the resolution read as follows: "And if, at said election, a majority of the ballots, equal to,a majority of all the ballots cast for and against this constitution, shall have the words'shall the word'white' be stricken out of the first section of the second article of the constitution?-yes;' then the word'white' shall be stricken out, and shall not be a part of the constitution. The question was then taken, by yeas and nays, upon the amendment, and it was agreed to; yeas 23, nays 10, as follows: 912 [36th Day Monday] to. In Coiivention. SUFFRAGE RESTRICTED TO WHITES. HARRIS-HALL-GILLASPY-SKIFF-TODI-UNTER. The PRESIDENT. The question now is upon ordering the resolution to a third reading. The resolution as amended, was then read as follows: "At the same election that this constitution is submitted to the people for its adoption or rejection, a proposition to amend the same by striking out the word "white," from the article on the "Right of Suffrage," shall be separately submitted to the electors of this state for adoption or rejection, in manner following, viz: A separate ballot may be given by every person having a right to vote fit said election to be deposited in a separate box. And those given for the adoption of such proposition shall have the words "Shall the word "M white" be stricken out of the article on the "Right of Suffrage?" "Yes." And those given against the proposition shall have the words "shall the word "white" be stricken out of the article on the "Right of Suffrage?" "No." And if at said election, majority of the ballots equal to amajority of all the ballots cast for or against this constitution, shall have the words, "shall the word "'white" be stricken out ofthe first section ofthe second article of the constitution?" "Yes",-then the word "white" shall be stricken out and shall not be a part of the said constitution." Yeas-The President, Mlessrs. Ayres, Bunker, Clarke of Johnson, Day, Ells, Gibson, Gillaspy, Gower, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Peters, Price, Seely, Skiff, Solomon, Warren, Wilson and Young. Cays-M,fessrs. Clark of Alamakee, Clarke of Henry, Edwards, Emerson, Gray, Marvin, Parvin, Scott, Todhunter and Traer. O,r. HARRIS. I have a substitute which I desire to offer for the whole resolution. I will simply state that it is the provision in the constitution of the state of Indiana with regard to the exclusion of negroes from the state. I have not presented it to any member, and there is no one pledged to its support except myself. The substitute was then read, as follows: ARTICLE, —IVegroes and _Julatloes. Section 1. No negro or mulatto shall come into the state after the adoption of this constitution. Sec. 2. All contracts made with any negro or mulatto coming into the state contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the state, shall be fined in a sum not less than ten nor more than five hundred dollars. Sec. 3. All fines that nmay be collected for a violation of the provisions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of sucL negroes and mulattoes and their descendants, as may be in the state at the adoption of this constitution. tion. Mr. GILLASPY. I intend to be consistent in my action as a member of this body. I voted against taking up the time of the convention with the discussion of this question during our regular daily sessions. I refrained from taking any part in this debate. I did design to submit a few remarks when this question should come up for the final action of the convention; but if the party in power here are disposed to force the matter through under the previous question, I shall not insist upon being heard. Mr. HALL. I second the demand for the previous question. Mr. SKIFF. Although the delegate from T)es Moines [Mr. Hall,] is particularly anxious that the previous question shall now be put, I will not insist upon it. Mr. GILLASPY. The reason why I did not undertake to make a speech in committee of the whole, was from this fact: I wished to let gentlemen occupy time there who make speeches of two and three hours long. I did desire to put myself upon the record in regard to this resolution, and I expected that I would have the courtesy granted me by the majority to do so, when we came into convention. These gentlemen, who insist upon the previous question, are upon the record with speeches of an hour, or an hour and a half in length. The hour is now too late to enable me to go on. Mr. TODHUNTER. I move that we adjourn until 9 o'clock to-mo rrow morning. The question was taken. and the motion was not agreed to. Sec. 4. The General Assembly shall pass laws to carry out the provisions of this article, and to make provisions for the colonization of the negroes and molattoes,and their descendants who shall at thetime of the adoption of this constitution have a legal residence in the State." M,r. HALL. I move to lay the substitute on the table. The question was then taken by yeas and nays, upon the motion to lay upon the table, and it was agreed to, yeas 25, nays 8 as follows: reas.-tThe P re sident, IIessrs. Ayres, B unker, Clark, of Alamakee Clake of enry, Clarke of are o Johnson, Dav, Edwards, Ells, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Parvin, Pi-ice, Scott, Seely, Skiff, Todhunter, Traer, Warren, IN'ilson and Young. .Srctys.-,Messrs. Emerson, Gibson, Gillaspy, Harris, Palmer, Patterson, Peters and Solomon. 5ir. GILLASPY. I desire to say in explanation of my vote, that I supposed the gentleman from Apptnoose, [.Alr. Harris] was going to make a speech, and I had no disposition to treat the author of this proposition with anything but proper courtesy. I desired to give him the opportunity to make a speech. 36th Day.] 913 ',Ilonday] [Mareli 2d Mr. SKIFF. I call for the previous ques REPORT ON TIIE SCItiEDULE. Tu e s day] MAIA VIN-CLARKE, of J.-JOHNSTON-PARVIN-GIBSON-WILSON. Sec. 2. All laws new in force and not incon sistent w ith the constitution, shall remain in force until they shall e xpire o r be repeal ed. Sec. 3. All indictments, p rose cuti ons, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecu - ted to final judgme nt and execution; and all ap peals, writs of error, certiorari, and injunctions, shall be carr ied on in the several c ourts, i n the same manner as now provided by law. Sec. 4. All fines, penalties, or or forfeiture s due, or to become due, or acc ruinc to the state, or to any county therein, or to the school fund, shall inure to the state, county, or school fund, in the manner prescribed by la",. Sec. 5. All bond s executed to the ate, or to any officer in his official capacit y, sh all remain in force and inure to the use ofthose concerned. Sec. 6. The first election under this constitu tion shall be held on the second Tuesday in Oc tober, in the year one thous and eight hun dred and fifty-seven, at which time the electors of the state shall elect the Governor and Lieutenant Governor. There shall also be elected oat s u ch election, the succ essors of such State Senators as were elected a t t he August election, in the year one thousand eight hundred and fift y-four, and members of the Hous e of Representast ives, who shall be elected in accordance with the act of apportionment, enacted by the seventh Gene ral Assembly of the state. Sec. 7. The first election for Secretary, Audi tor, and Treasurer of State, Attorney General, District Judges, District Attorneys, members of Congress, and such state officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven, except the Superintendent of Public Instruction, and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty-six, except Prosecuting Attor neys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty eight. Sec. 8. The irst election for Judges of the Supreme Court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fiftvnine. Sec. 9. The first regular session of the General Assembly shall be held in the ),ear one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year. Sec. 10. Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in ofce until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shlall be elected as may be prescribed by law. Sec. 11. Every person elected by the popular vote, by vote of the General Assembly, or who may hold office by executive appointment, which 2fr. MIARVIN. I move that we adjourn till seven o'clock this evening. The question was taken upon the motion to adjourn, and it was not agreed to, upon a division; ayes 14, noes 14. ),Jr. CLAIRKE, of Johnson. I move that we adjourn until to-morrow morning. -,1Ir. JO H.LNSTON. Upon that motion I call the yeas and iiavs. .Ilr. PAPVIN. I wish merely to say, that I hope the majority will not deprive those who wish to speak of the privilege of doing so. I am ready to vote upon this question at any time, but I do hope that the convention will adjourn, and give gentlemen an opportunity to speak to-morrow if they desire to do so. I move that we adjourn until a quarter after nine o'clock to-morrow morning. fair. GIBSON. I move that we adjourn till a quarter past seven o'clock this evening. Or. WILSON. I have voted upon several occasions for evening sessions. I wish to make a suggestion for the consideration of the conven- tion; I desire to say that the committee on the schedule want to put their report in shape by to-morrow morning. If the convention hold a session to-night, we will not be able to do it. I -will vote to give those gentlemen, who desire it,all the time they want to-morrow to speak. I am opposed to cutting them off from the privilege of speaking. I hope they will have all the time they want to-morrow, and that we will not hold a session to-night. The question was then taken on flr. Parvin's motion, and it was agreed to. The convention then adjourned till a quarter past nine o'clock to-morrow morning. The Convention met at a quarter past nine o'clock A. M., and was called to order by the President. Prliyer by the Chaplain. The journal of yesterday was read and approved. Mr. WILSON submitted the following report from the Committee on the Schedule: The standing committee on schedule bee leave to submit the following report and recommend its adoption by the convention: Section 1. This constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void. The general assembly shall pass all laws necessary to carry this constitution into effect. I 914 [37th Day '[Ztlarch 3d TUESDAY, March 3, 1857. Schediile. AIRTICLIN 12.-SCIIEDULE. SUFFRAGE RESTRICTED TO WHITES. Tuesday] PALMER-TODHUNTER-GILLASPY-PETERS-WINCCHESTiR. L[Iarch 3d frage, as amended by the committee of the whole, is the first business in order this morning. Mr. TODHUNTER. I move that the rules be suspended so that the gentleman from Delaware, [Mr. Peters,] and the gentleman fiom Wapello, [Mr. Gillaspy,] can have ample time to discuss this question in convention, without resolving ourselves into committee of the whole. Mr. GILLASPY. I am much obliged to the gentleman from Warren, [Mr. Todhunter,] but when I wish him to make a motion for me, I will give him notice. Mr. PETERS. I have voted uniformly against going into committee of the whole, so that gentlemen might make political speeches, and I d(id it for the purpose of saving the time of the convention. I must confess that I was anxious to make some remarks upon this subject, and wished to do so, when it would not have interfered with the regular sessions of the convention. I made what little effort I could to have the convention meet last evening, for the purpose of disposing of this matter. For one, I am anxious to close our labors here and get home; and however much I may desire to express my views upon this subject, and repel the insinuations and charges that have been made against the democratic party, I am willing to forego that purpose for the pu pose of proceeding with the business of the convention. Mr. GILLASPY. I stated last evening that I desired to say something upon this question. Upon reflection I am disposed to let the question come to a vote without saying a word upon it myself, from the fact that I desire to leave here and go home as soon as possible. If we undertake to discuss the resolution this morning, in all probability we will consume a whole day. The PRESIDENT. The question is then upon ordering the resolution to a third reading. It has been read the second time, and the question now is, shall it be ordered to a third reading? Mr. PETERS. This resolution was referred, as I understand it, to the committee of the whole. They made some amendments to this resolution, which were agreed to'by the convention. The inquiry I wisFto make is, whether the resolution as amended should not be adopted. The PRESIDENT. The chair thinks that this resolution is different from an ordinary resolution. It is in the nature of a report from a standing committee, upon an article of the constitution, which has really to undergo three different readings upon three different days. This resolution has been read twice, and the question now is-shall it be read the third time? Mr. WINCHESTER. Before the vote is taken upon ordering this resolution to its third readreading, I desire to state briefly the considera tions which will govern me in the vote I shall g ive. When this subject of the " right of suf frage" was referred to a special committee, the friends of the reference said it would save time. I looked upon that reasoning as fallacious at the constitution are in favor of the same, the Gov On motion of Mr. PAL3IER, The report was laid on the table and one hundred copies ordered to be printed for the use of the convention. 37th Day.] 915 LEWIS JAME s H. W. The undersigned concurs in with the exception that he favors Supreme Court Judges at the el ber, 1857. H. J. SKIFF. Suffraqe Restricted to Whites. The PRESIDENT. The resolution reported from the select committee on the right of suf SUFFRPAGE RESTRICTED TO WHITES. Tusdy wIo^Ta ~rh3 time, and voted against it. I have invariably voted against bringing this question of negro suffrage into this convention in any form, be lieving that it would take up a considerabl e length of time, and result in no good to any one. As I said before, I did not come here to tear down the old constitution and build up a new one; but simply to modify, amend and revise the present instrument. Nor have I voted for a single material change that was not expressly demanded by the people before this body con vened. But, sir, this question has been introduced here; it is before us; and the question now arises-what disposition shall be made of it? I am free to admit that when it was first brought forward, I should have voted in any way that in my opinion would have disposed of it in the shortest time, and thus save the time of this body which has been spent in discussing politi cal principles and party issues. Now, sir, after having spent so much time, I know of no better way to get rid of it, than by carrying out the democratic principle of submitting it to the pe( — pl e, and letting them pass upon it in theirsover eign capacity. And I am now willing to say that so far it is republican policy, and I am willing for one to assume the responsibility. But I do not admit, and most emphatically deny, that to give the negro the right of suffrage, or place him on an equality, politically or socially, with the white race, is a tenet of the republican party. Nor has that party, as a party, ever endorsed that policy, though I am aware that the opposition have tried to humbug the people into that belief. Although I am aware that they have charged, and falsely charged, us with being the abolition party, with beiiig the sectional party, with being in favor of dissolving the Union, these charges have been triumphantly refuted, time and again, and I will notice them no farther. when the government wa s organize d, not a es tige of it would remain t o cursete n a the and at this day. And none, I trust, will deny that it is a curse and a reproach upon our country. And I believe, further, that if it is confined to i ts preseut limits, the ultimate result will be its extinction. It is not the products of slave labor that en riches the owner in the olderl States; but it is raising the slaves themse lves for market; and they know full well that if you cut off the pos sibility of extending the institution, thus pre venting the creation of new markets for slave property, it must di e a natural death. It is the s pir it of S outhern aggression, sir, that we are c o ntending against. And when leading Democrats in th e Nor th tell us th ey are opposed to the extension of slavery, and still submit to be made the tools of the South in car rying out the ir wishes, I cannot believe them honest in their professions; for actions are more expressive than words. I care not what a man may say here or elsewhere, I look to his vote o n the main question, and judge of him by his works. A feeling of hostility has ex isted in the South against the Nor th ever since there f oun dation of this government. This feeling was evinced by John Randolph, (the leader of the States' Rights party at th at time ) in s pea king on the comnpro mi se question in 1820, w hen, in answer to a Northern man, he said: r i We wi ll assert, main tain, and vindicate our rights, or put to every hazard that which you claim to hold in the highest estimation;" —alluding to the Union as much as to say, We will have what we claim as our right at the risk of dissolving the Union. The same and similar threats have been made time and again, and Northern doughfaces have succumbed as often, all for the sake of place and spoils. It was the same desire for more slave terri tory which led to the conception of the Kansas Nebraska bill by the South, and brought forth by their suppliant tool, Stephen A. Douglas, by the passage of which the plighted faith of the nation was disregarded. That partition wall which protected the white man of the North was broken down, and the Missouri compro mise-that fair structure erected by the hands of sages for the benefit of our common coun try-ruthlessly razed to its foundation; thus inviting in hordes of Goths and Vandals fromthe South to overrun our Northern territory, and spread desolation and carnage in their path. I believe, sir, that it was this same desire for slave territory that brought about the war between Mexico and the United States. I believe, if the fillibustering expedition of 1851 against Cuba had been successful, and that lair island had been annexed to the United States as slave territory, thereby furnishing 3 new market for the slave-raising States, the great compromise of 1820, (which will be remembered as long as the Sage of Ashland has an abiding place in I [37th Day. 916 (March 3d WINCHESTER. Tuesday) IVe are also aware, sir, that the action of this convention wi4 be made the Democratic textbook, both on the stump and in the party papers throughout the State. I heard a member of this body assert. several days since, that he would vote and take the stump against the adoption of the amended constitution. Now, we will meet them every time on the issue of submitting an important question to the people, and defy them to do their utmost. In the lanlanguage of Shakspeare "Lay on, Macduff, And damn'd be he who first cries, hold, enough." I contend that the difference between the two parties, during the last campaign, was confined to one issue, and one only: that issue was not the abolition of slavery in the Southern States, where it legally exists; that issue was not the political and social equality of the whites and the blacks. What was it, then? Sir, it wasNo further extension of the area of slave territory. I believe that if the institution of slaverv had been confined to the States where it existed DISTRIBUTING THE DEBATES. Tuesday] CLARKE, of J.-YOUNG-TODHUNTER —PALMER- SKIFF, &c. [lIareh 3d the members have had an opportunity to con verse with the publishers, in relation to the ad ditional copies, for which provision is made in this report, and they find that instead of there being five hundred, there are only two hundred. It is doubtful at what price we can get these for, as the number is so small. Of the two hun dred copies, the publishers desire to retain some copies themselves. Mr. YOUNG. Will the motion I made the other day, in relation to striking out that part of the resolutions which provides for procuring five hundred additional copies, come up now? The PRESIDENT. It will. Mr. TODHUNTER. I had an interview with one of the publishers, and he told me that he had printed only two hundred extra copies, and that we could not get all ot them. If he had to re-set the matter again, he would charge us extra, and that would amount to three hundred dollars more. He wanted to keep twenty-five copies himself, and we could only get one hun dred and seventy-five. The PRESIDENT. The motion now before the convention is that made by the gentleman from Mahaska, [Mr. Young,] to strike out that portion of the resolutions which provide for pro curing five hundred additional copies. The question was taken and the motion was agreed to. Mr. PALMER. I move to fill the blank with one hundred and seventy-five. I suppose from the information furnished by the gentleman from Warren, [MIr. Todhunter] that we can get that number. The question was taken upon the motion made by Mr. Palmer, and it was not agreed to. Mr. SKIFF. I move to amend that portion of the report, which provides for giving three copies of the reports to each of the reporters, secretaries, and the sergeant-at-arms, so that they will be entitled to five copies each. The question was taken and the motion was agreed to. Mr. SKIFF. I move that our messengers, and all the officers connected with the convention, who have not been heretofore provided for, shall be entitled to one copy each of these debates. Mr. GILLASPY. I wish the gentleman would make his motion a little broader, so as to furnish each adult in the State with a copy. There is no sense in voting a copy to each of these boys. I think when we have supplied the reporters, secretaries, and the sergeant-at-arms with copies, that we have done enough. I am willing to vote them to these gentlemen. If we vote them to these boys, they will never read them. If it be for speculation, let us vote them so much money. I hope the motion will not prevail, as I do not see any necessity for it. Mr. BUNKER. I hope we will vote the boys a copy each. It should be recollected that these boys will be men after a while, and they will be , anxious to look over these proceedings. These are, briefly, some of the reasons why I am a Republican. Arid, finally, I will say, I understand the principles of the Republican party to be-that Congress has the right to legislate in the territoriesrno more slave territory —and that all men are equal, as far as nsLture and nature's God has made them so. I shall vote for this resolution. The question was then taken, by yeas and nays, upon ordering the resolution to a third reading, and it was agreed to; yeas 20, nays 13, as follows: Yeas-The P reside nt, Mlessrs. Bunke r, Clark, of Alamakee, Clarke, of Henry, Clarke, of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, MIarvin, Parvin, Scott, Seely, Skiff, Todhunter, Traer, Wilson, Winchester and Young. Nays-Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price and Solomon. The PRESIDENT. The resolution will be referred to the standing committee on revision, as a matter of course. On motion of Mr. CLARKE, of Johnson, The report of the special committee upon the subject of "index ing and superintending the publication of the debates and the distr ibution o f the same," wa s t aken up. The report was then rea d as follows: "Resolved," That W. Blair Lord be employed t o ind ex and sup erintend the publication of the debates of this convention, and tha t he be allowed the sum of on e hun dr ed and twenty dollars for said services. "Resolved further, Thatfive hundredmore copies of said debates be ordered from the publishers in addition to the fifteen hundred copies already ordered, and if the same shall exceed twelve hundred pages, they shall be bonnd in two separate volumes. And when the debates shall have been published, they shall be distributed as follows: Eighty copies to the State Historical society; two copies to each state and organized territory: five copies to each county in this state, one of which shall be kept in the county office; twenty copies to each member of this convention; five copies to each member of the Senate; one copy to each member of the House of Representatives, three copies to each of the Secretaries; Reporters, Sergeant-at-arms and Chaplain of this convention; one copy to each state officer, Supreme and District Judge, and District Prosecuting Attorney. The remainder of the two thousand copies shall be placed in the possession of the state to be disposed of as may be designated by law. Mr. CLARKE, of Johnson. I would state that the chairman of the committee on this subject, is absent at this moment. But some of, 116 37th Day.] 917 the hearts of his countrymen), would to this day have remained inviolate. Di,3tributing the Debates. DISTRIBUTING THE DEBATES. MAR~IN-TRAER-GOWER-IIALL-CLAIRKE, of J.-SOLOMON. Sir. MARVIN. I am opposed to this motion. that they shall be left in the state library or I have some five hundred or a thousand fine boys elsewhere. But I have first an amendment to in my county, who will not get these debates. offer, which may effect the result somewhat. MI pny of my constituents will not get them. Our We have already voted eighty copies to the State object should be to put them into the hands of Historical Society, which I suppose are intended those who will not only read them, but explain in part for exchange with the states and terri and expound them. tories for their works. I therefore move to strike The question was taken upon the motion made out "two to each organised state and territory." b~~~~~~~~~~~~u "two. toff e c oranisd itwase anrd to,ruponoaydi by Ir. Skiff, and it was agreed to, upon a di- Mr. IIALL. That provision was for exchaug'vision; ayes 12, noes 5. ing.with other historical societies in the different 1Ir. TRAER. I move to strike out so much of states; and this is for the state libraries. They the report as provides for distributing five copies are distinct matters. to each senator, and one copy to each member of the house of representatives. Mr. CLARKE, of Johnson. Then I willwith of the house of representatives.I Thle question was taken, and the motion was draw my motion. agreed to. Mr. TRAER. I move to strike out the provi Air. OER. I ove to amend the resoin allowing five copies to each orl,anised SAit. GOWER. I move to amend the resolu- lo tion, so that each member of the General As- county; and I do it for this reason It is well semb]l shall be provided with one copy. I think known to gentlemen who are acquainted with that each member of the Genera Assembly the manner in which county business is trans acted, that these reports, if they ever reacii their should have at least one copy. There is no- e reports, if they ever reac their class of our citizens better qualified to judge of destination, will not be taken care of. They will the importance of this work, and to make better 0lie in the offices subject to be carried off by the use of it. It strikes me, that it would be very first mail who cones in. They iever will attain proper to provide each member with a copy of the end designed for them. I would rather give these debates. theoe five copies to members of the convetition to distribute to men that will take care of them. The PRESIDENT. The report provided that If we place them in the county offices, the first each member of the senate should be provided loafer that comes along will pick them up and with five copies, and each member of the house carry them off, and that will be the last of of representatives with one copy; but that pro- them. vision has been stricken out. An amendment to reinstate any portion of it would not be in Mr. GOWER. It strikes me that the remarks risaeayortoofiwoder. iof the gentleman from Benton [Mr. Traer] are Mrr. TRAER. The copies of these debates not applicable to these county offices. It oc Air. RAER Thecopis ofthes debtes,curred to me that the very first appropriation I that are left, after the distribution for which we curred to me that the very first appropriation I have provided is made, will be placed in the should make of my copies for distribution would possession of the State, and the General Assem- be to place some of them in the county offices, possession of the State, and the General Assem- i hywr o tews rvddfr biy can then provide for themselves. if they were not otherwise provided for. I y can tn pdeor ntheelveryrs. would give each one a copy. I think there are Sir. HALL. I do not feel very liberal towards no more proper persons in the state to have the late legislature. I drew up a resolution au- them than these county officers. They would thorizing the legislature to procure a corps of probably use them more than any other persons, reporters to furnish us with a report of our pro- and their interchange and communication with ceedings, which I gave to one of the members of the people would be greater than that of almost that body. It was presented, but they changed any other persons in the county. So that I it so as to give us only one reporter. When we think the journals of our debates would do employ reporters in spite of them, they then more good to the public placed there than in turn around and order these books. I would any other place. For roy part, I shall see that like to show a little spirit in this matter, and each of ou r count y officers ha s one before tI not give them a solitary volume. They under- distribute to any one else. But I would rather took to do all they could in order to prevent us they should receive their copies direct from the from having our proceedings reported. Let convention, for this reason, among others: that them now take care of themselves in getting we shall be censured if we take all these copies these debates just as we were compelled to do in ourselves, especially if there are county officers having them reported. who do not get them, and who would be very M,ir. GOWER. We should follow the golden likely to complain. I would rather make provirule in respect to this matter. I do not think, sion that they should go directly to the county because the General Assembly voted themselves officers, than that they should go through the these books, that we should cut them off. For members of the convention. I think the county my part, I desire that each member of the Gen- officers would prize them more highly, and take eral Assembly should have a copy. better care of them. I hope that amendment Mrt CLARKE, of Johnson. This is perhaps will not prevail. not now in proper shape to go upon the record. Mr. SOLOMON. I hope that motion will tot We ought to know how many will be left when prevail. I think, with the gentleman from the distribution is made, so that we can make Cedar [Mr. Gower] that it is the most important some distribution of the remainder, or provide place in which these books could be placed. It 918 [8 7th Day. Tztesday] [March 3d DISTRIBUTING THE DEBATES. Tuesday] CLARKE, of J.-IHALL-'A is the only place in many of the counties, where they could be placed in a public library. Gentlemen seem to have some mistaken notions about these county officers. One gentleman has said that when they go out of office, they will put the books under their arms and carry them home. Now I can tell these gentlemen that if such a thing should be done in Mtills county, we have a place for such light-fingered gentlemen. We should put these books upon the shelf; in our county office, and there they would be safely kept. I would not send these books to the counties to be placed among the archives, but for the use of the people for all time to come. AIr. CLARIKE, of Johnson. I am in favor of striking out that provision, for the r ea son that it is an inequitable division of the reports. If the resolution stands as it now does, every county, no matter how small, gets five copies, which is as many as the largest county in the state receives. There is nothing to be gained by it. As the gentleman from Benton [Mir. Traer] has very properly remarked, they will not remain in those county offices. The person who receives them will perhaps give them away to his particular friends, without any regard to their merit or position. T ey are of no particular use in the county offices. They are not particu arly calculated to instruct the county judge, or the prosecuting attorney, in their duties. It is all a farce to say that they gill be kept in the archives of the county. A county has no archives for the purpose of kee)ping books. I undertake to say that when the laws and the code were distributed, they did not remain in these offices. But the officer who happened to fill the place at the time, when he went out of office, put them under his arm and carried them home. That will be just the way with these books. The object of the distribution is to place the books in the hands of intelligent men through the state, men who will use them, men who will be the means of diffusing information in regard t o them amon the people. I thinli that the members of this convention, being well acquaintedI in their respective districts, can just as well circulate them among the people as to lea. mit to the county offiers to do it. I am therefore in favor of striking out this provisionl. Sir. ItALL. There are a good many places where volumes should be sent, where they would be of more service than distributed in almost any other way. Two sets of this work ought to be sent to the Astor Library in New York, and to the.Alercantile Library in Chicago; to the principal cities which our citizens would have occasion to visit, so that when we are there we can have access to themn. It would often be a F~atter of considerable conlsequlence to know where we could find theml whetn in those cities. The Congressional Libralry should be supplied. The Stithsonian Institute should be supplied. W'e ought to have some method in this distribu tion, and these libraries should be properly pro vided for. There should be a few copies sent to each county, and I think five are not too many to send to any county. There may be so m e new count ies wher e the y would n ot be us ed immediat ely, but the y would be want e d hereafter. There is the county of Des Moinies, as in the other old counties, we have three or four library insti uti tution s, ga the ring up their libraries with great zealand success. Each should have a copy; and we have a historical society which should have a copy. These may be supplied by the members; b ut in th e new COIsltaes, where there may be eight, te n or fifteen ountties to a district, the men.wmber could not distri b-e ute through them all in sulchin a manner, s to m ee t the ir f ut ure wants. But sending five copies to e a ch cou nty w ould mak e them, in the e -d, about equal to the old counties. It is t rue t hat many o f t hes e may b e lost or carried away. They can hardly be lost unless carried from the state; a nd, wh e n these institutions are forming. these scattere d volumes will be h u nte d up and given to the libraries. They are not such works as a man would o rdinarily w ish to keep upon his shelf for daily reference, and, in most ca,ses, those volumes supposed to be lost would find their way to the shelves of the public libraries. I think we ought to send five cop ies to each county. Mr. TODHUNTER. I certainly think that th is is o ne of the m ost important provisions of this re po rt. S ome gentle men here represent twelve or fifteen counties. If it is left to these members to furnish each county, besides the-ir constituents, in these large districts, they wouldc not have many copi es left, even with the most sparing distribution. The twelfth district, represented by the gentleman from Pottawatom e, [Mr. Price,] embraces, I think, fifteen counties; so t hat if h e should give one to each county he woul d have but five copies lef t for ge neral distribution. But if thi ts passes as it now stands, each one of these fifteen counties would receive five copies. I do not think there is any danger of those county judges embezzling and carrying off these documents. I thnk they would be judiciously placed where they could be most serviceable. I am confident that that would be the result in my county. I think one would be placed in the office of the county judge, to remain there permanently, one in the clerk's office, and one in the treasurer's office; and then tlhe,e would only be two copies left to dispose of. Then those books will come down as part of tlhe records of the office, to be transmitted to each successive occupant, and alway's to be ready to be examined by any person who comes into either of these offices. I have not so bad an opinion of our judges as some gentlemen seem to have, in thinking they wall steal and carry away these books, or burn them and destroy them, as some lhave said. We should not be so jealous of our county officers as that. I hope this provision will be adopted in soule shape. Mir. GILLASPY. I think the difficulty of the 919 37th Day.] ODIIUNTER-GILLASPY. [Dlarch 3d DISTRIBUTING THE DEBATES. Tuesday] SKIFF-SOLOMON-CLARK-TRAER-HALL. LMareh 3 d gentleman from Des MIoines, [Mr. Hall,] can be obviated by the members of the several coun ties. There is no question but that every mem ber upon this floor, when he went home, would furnish all the public libraries in his district with a copy of these debates. The gentleman from Warren, [MNIr. Todhunter,] may perhaps want to run for county attorney; he seems to think the county judges are so very honest and very nice. I recollect, myself, that when this code first came out, it was the handsomest book we had distributed. The book looked as though it was worth more money than any other; and one thing was very noticeable; that when the incumbents of the offices where these codes were received, went out of office, these codes went out at the same time. I recollect well that at one of the district courts a copy was wanted for reference, and it could not be found. When these county officers get these books they write their own individual names in them instead of marking them as the property of the county. As a matter of course, when they go out they suppose it is their property, and take it with them. I will stake my word that, if we send these copies to the counties, you may go through the offices a few years hence, and not a solitary copy will be found there; but if you will follow some of those county officers home you will be pretty sure to find a copy of the debates upon their shelves. Now it makes no difference to me which way this goes. I would as soon send to my county, myself, as to distribute them in this way. But I know how it would be in my own county. If the books were not taken away without leave, they would be given out to others than the county officers. So far as my county is concerned, both as to theseofficers and differ ent societies, I am willing to supply them, and I suppose others will do the same. But I am opposed to giving Lee county five copies, and Buncombe county, without a solitary white man living in it, the same number of copies. There is no propriety in it. It is a great impropriety, and it should be stricken out. MIr. SKIFF. I think we are spending more time on these books than their value will war rant. I presume that, in most places, these books will only be read by a few curious persons; that they will not be examined very much any way. I do not know that it will make much difference what we do with them, because these few curious persons are so constituted that they can find curiosities anywhere, and we could not keep them out of their way. I move the previous question. I want to get towork upon something else. The report in relation to the school fund has been handed in by the committee on that subject. It is now upon our table. It has not been in the printer's hands at all, and I understand we can go to work upon that. The motion was not seconded. The question being taken upon M~r. Traer's amendment to strike out the provision furnishing five copies of the debates to each county, it was agreed to; ayes 13, noes 9. Mr. SOLOMON. I move to insert four copies to each county. The PRESIDENT. That motion is not in or der. The whole was stricken out, and not mere ly the word "five." A motion to reconsider w ill b e in or der. Mr. CLARK. of Alamakee. I voted under a misapprehension. I am in favor of giving two copies to each county, but opposed to giving five copies. I move to reconsider. T'he motion to reconsider was agreed to; ayes 15, noes 4. Mr. CLARK, of Alamakee, moved to strike out a1 five " and insert "1 two." Mr. TRAER. I will make a suggestion which will perhaps settle this question, that we pro vide that there shall be distributed so many in each county. In that way I think we can attain the result we desire,without leaving them where they would not probably be of any use. If my pending motion should prevail, I propose to move that five additional copies for each county be given to each member for distribution, and that the members be required to distribute so many copies in each county. Mr. HALL. I think it would be very hard upon the gentleman from Pottawatomie [Mr. Price] to make it his duty to distribute five copies of these debates in each county of his district. I think it would be much better to have the distribution made by the Secretary of State, or the officer who will distribute the other volumes, to leave them in the different counties as required. It is certainly taxing the members from the large districts too much; and we have no security at all that the distribution would ever be made, since'it is a duty which we could not require members to perform. Besides, members may move away, or be in a different position before the time comes for the distribution of these copies, so as to make it impracticable for them to attend to it. But if we send them directly, they will certainly reach their destination. I think that five copies to each county is not too many for the county offices, and if they are, I think that the co unty officers are mor e competent than anybody else to distribute them. I am willing to let the county officers of my county make the distribution. I believe they are just as capable as I am, and that the books would be just as likely to go to the right places; and as a general thing, I suppose it will be so throughout the State. I hope the distribution will not be to members in such numbers that they can sell them, or send them out of the v State. They may go away, and the books may fall into the hands of irresponsible persons. There are thousands of ways in which the books could be got away, if there is no public mode of distribution. 3Jr. CLARK, of Alamakee. I am opposed to sending as many as five into each county, to the county, as a county. In the first place, if they are sent to the county as county property, the [37th Day 920 SKIFF-SOLOMON-CLARK-TRAER-RA LL. [Dlarch 3d Tuesday] DISTRIBUTING THE DEBATES. Tuesday] CLARKE, of II.-MARVIN-TRAER-CLARKE, of J.-TOD[IUNTER. [March 3d The PRESIDENT. A member of the committee has already made averbal report; and it has b een decided that the convention should order no more than one thousand five hundred copies. Mr. CLARKE, of Henry. I think the number given to the counties ought to be at least one to every township, besides cne to be kept at the county seat. Every organized township will expect one of these volumes, and those that are disappointed will think it is hard they cannot get it. There will be a great deal of dissatisfaction created in that way. We ought to have printed enough fully to supply every county and every town in the State. Mr. MARVIN. I do not wish to take up much of the time of this convention. I am in favor of a certain number going to the counties, not for the purpose of getting it into every officer's hands, but that a certain number may be held in a location where they can be referred to. For instance, if one or two copies are placed in a public office in the county seat, all could go there and learn what we have done. And if it is the desire of members, I would place them in the township, that every man in the township might have the privilege, when an occasion calls for it, of looking over these journals. Another thing I did not fully understand. The suggestion was thrown out here that members be required to distribute a certain number of these debates. I suppose we are morally b ound, without any such resolution, to distribute all except one copy. If these were to be distributed to members as private property, to be sold at pleasure, I should vote against it all excepting for one to each member; bnt I suppose it must be understood that there is to be a distribution. Mr. TRAER accepted Mr. Clark's amendment. The question being taken upon the amendment as modified, to strike out "five" and insert " two," it was agreed to. Mr. CLARKE, of Johnson. The resolution provides for sending one to each prosecuting attorney. I move to strike that out. We have abolished the office of prosecuting attorney. The motion was agreed to. Mr. TODHUNTER. I move to strike out one hundred and twenty dollars and to insert two hundred dollars, for the indexing and superintending of the printing. We have voted two hundred dollars to the secretary for copying the journals and placing them in the hands of the secretary of state, which is not, I think, half the labor we require of our reporter in going to Davenport to read proof, to superintend, and to index this whole report of the debates. It seems t o me t hat on e h undred an d twent dollars is too little. It is much less than we have voted to our secretary for making out his report of the journal, which when printed, we are told will only make some one hundred and fifty pages. If that is the case, one hundred and twenty dollars is certainly not a sufficient question will arise whe ther th e officers in office are b oun d to take car e of them; whether we have any power to enforce any ob liga tion upon the offic ers of the differewnt counti es to take charge of, and to take care of these volumes until the constitution becomes a law. I t seems to me that we have not; and that if we resolve to send them to the counties as county property, that resolution will be a nullity, at least un til the cons titution s hall take effect. And if the reso l ution should ha ve any effect, these co unty officer s w o uld h ave no righ t to distribut e them. These books would be piled up in the ar chives of the county, or remain there. True, a man might go in there and read them; but the books could not b e circu la ted; they could not be di stribu ted. I do not unders tand what gentlemen mean when they talk about the county officers distributing property which belongs to the county. They have no such right. I think that two volumes to each county, to remain in the county offices for reference, would be enough to he there. The rest of them I should wish to have circulated in the county, where they may be of the most service, so as to meet the eye of es ery public man in the counties. For these reasons, I am in favor of cutting down the number from " five " to " two." Stir. CLARKE, of Henry. This whole discussion and all the difficulty here, have grown out of the fact that we did not measure our cloth according to the garment. It is crimped too much. We need more copies for distribution. I believe that every organized county in the State ought to have a greater number of copies than five; that members ought to be relieved of the responsibility of taking these copies home with them to distribute. It is a duty that we shall all find a very unpleasant one. We shall have but very few copies to distribute, in comparison with the numbers which will be wanted, and do what we will, with this responsibility thrown upon us, there will be more dissatisfaction than satisfaction growing out of it. I should have been glad to have had published the largest number proposed. I would have left them with the Secretary of State, to distribute them in the different counties upon some plan of apportionment which we might adopt, or which he might suggest, and leaving a sufficient number to supply the legislature. As it is, I understand from our printer that he can set up the matter of the first few pages again at a cost of about three hundred dollars, so that we can then have struck off the two thousand copies that I believe we have already voted to distribute; and we can go beyond it if we wish. It is only a small portion of the volume which has been set up now, about two hundred pages, I believe, so that the cost will be only that of the composition of so much matter. I would suggest that as we are so much troubled with distributing so small a number, and as one thousand seven hundred is the largest number we can get, perhaps the committee should take into consideration, and report whether we cannot get a larger number at a very little extra cost to the State. 37th Day.] 921. DISTRIBUTING THIE DEBATES, &C. CLARKE, of J.-TODIIUNTER-GOWER. [MIarch 3d I am perfectly willing, so far as my county is concerned, to receive the copies for Cedar county her e, or at Davenport, or at Muscatine, or at any place where they can be delivered without expense to the public. And it strikes me that other members might make arrangements to have their copies forwarded to them. I would rather be at the expense personally for our own county, than that the state should be taxed five hundred dollars for the distribution. This convention will mak e a large bill at any rate, a nd I would much rather tax myself th an to increase it by five hun bred dollars. I do not know how other members feel about it; but it strikes me that I would rather pay the expense of distrib - uting myself. Mr. CLARKE, of Johnson. In order th at there may be no mistake about it, I move to recommit the whole subject, so that the committee may make inquiry as to the regular price which has been paid for such distribution. I move to refer to the select committee which has had this report under consideration. The PRESIDENT. The Chairman of that cormm ittee is not here. There is a standing committee on expenditures. Mr. CLARKE, of Johnson. I have no objection to its going- there; but the whole report covers other matters to be examined and put into shape, and I should prefer that it should go to the same committee. There are two of them here. The motion to refer was agreed to. amoun t to b e paid to the reporter for going to Davenport to read pr oof and to index the de bates. The publisher told me yesterday that it took him about three hours every morn ing to read proof. It is manifest tha i thatthat is the fact, one hundred and twenty dollars must be too low a compe nsation. Mr. Lord infor ms me tha t he t hinks it is too low. We have imposed t oo much upon him to require him to go to Davenport, and to remain there t ill this is all printed, for one hundred and twenty dollars. Hi e w oul d not get more than one dollar and fifty cents or two dollars a day for his work. We shouli tak these things into consideration and not be niggairdly in our appropriations. The motion was agreed to. 5ir. CLARKE, of Johnson, moved the fol lowinig resolution as an amendment: u'esolve d. That it be made the duty of the secretary of state to distribute t he debates o f the convention, a s pro vided for in the foregoing resolution, and that he be paid for such dis tribution t he sum of dollars." -Air. TODHUNTER. Eave w e n o t provided that the secretary of this convention shall dis tribute them?a MNr. CLARKE, of Johnson. The distribu tion of the constitutions and th e other journal s has been given to th e secretary, by a resolution now in th e han ds of a specia c ommittee. But the deb ates when printe d will come to to e secretary of state, and will have to be distrib uted by that officer as the laws and journals of the General Assemb ly are distributed. Thes aGtner.l As sembly always make pro vis ion for the di stribution of the journals and laws passed duerion, the s ession, and they generally make an appropriation in bulk. These books when print ed an/i delivered to the state, will have to be sent out by teams, for they cannot be sent thr ough the mails. I do not know what t he state has been in th e ha bit of allowing the secretary of state for this duty of distributing the laws and journals; but talking some weeks ago with an ex-secretary of state, MNIr. McCleary, he told mei that the amonit allowed had never paid the expenses of do ing it. They have to hire a team and send i t into all th e counties of the state. I think thelegislature has general ly allowed about four hundred dollars for thi s work But as that has never paid expenses, I will propose, in order to getthe sutbject before the convenvention, that the blank be filled with five hundred dollars. These books will be bulky, especiaily if they should turn out to be in two volumes instead of one, as the report contemplates. The resolution p,rovides that if the number of pa-ges shallexceed twelve hundred, it shall be divided into- two volumes; and in that case of course the excpenlse of haulingf and delivering will be greatter. I lhave no particular interest in the matter. I merely wish to adopt a proper sum. M1r. GOWET1R. I have some scruples about giving the fivte hundred dollars. For my own 1tart T he artislote l oton o the location of the capitol and university was then taken up on its second read ing; and read as follows: "The seat of government is hereby perma nently established, as now fixed by law, at the city of Des Moines, in the county of Polk, and the State University at Iowa City, in the county of Johnson." Mr. GOWER. I will offer an amendment, that the section be so changed as to submit the question of the permanent location of the calpital to the people of the state; and I should be glad if the secretary would put the amendments in the proper form. This is a question upon which I have thought much, and I have some views in relation to it which I would like to preent. I think the capitol of a St-te, as well as al other public conveniences, should be located by the people-say school houses, town houses, court houses, and State capitols-I think when done by the General Assembly, the same error trises, that has been urged on this floor against special charters, viz: the benefit of the few at the expense of the many. And I have seen in reality, with reference to our capitol, what our friend from Alamakee [Mr. Clark,] proved in reference to the General Assembly when fixing county boundaries, viz: that he would wake tip some morning and find himself in another 922 [37th Day. Tuesd.-ty,l Location of tire Capitol and b'7nive?-sity. 37th Day.] LOCATION OF THE CAPITOL AND UNIVERSITY. Tuesday] GOWR. fMar ch 3d county. I have truly waked up twice during my short stay in Iowa, and found the ca,pit ol moved over one hundred miles off, and without any expression of the people for that purpose or object. Now I desire to give a short history of our capitol, as it has come under my own observa tion. First, I learn that it was located here Ja.,, uary 21st, 1839 It was then removed to Monroe City; I think in 1847; but the act be came so obnoxious that it was speedily repealed. And probably no other serious disaster befel the people than lightening their treasury, per haps to the tune of twenty thousand dollars. Next came the act of ouir own General Assembly for the removal of our capitol; approved Jan uarv 25. 1855, which, I think, was done without a petition from the people, and without the knowledge or consent of seven-eighths of them. Now I want to consider the consequences of this removal, and the means used. I notice by niy abstract that seven-eighths of the popula tion of Iowa is east of that location-and the present location is very near the centre, there fore the majority were not accommodated by the change-and did not ask or desire it. Now why was it made, and what induced that General Assembly to pass that act? I think all will agree with me that it was the selfishness of the few. And what were the means used to induce that General Assembly to pass that act? I believe, gentlemen, I have it in my power to satisfy you and posterity, that it was money, town lots, and oyster suppers. Now if it was procured by bribery and fraud, and thereby the people of this State were wronged and discommoded, and their legislators corrupted, shall we justify it, and thereby encourage such corruptio; or shall we say, that the people have a warm interest in this, and they shall settle the account? We had from Cedar county two members who voted opposite all the time on this removalthey were both political, and I supposed personal friends of mine. I exerted myself for their election. When the removal question was sprung, our opposing member wrote me that G would support it. I came to see him; he declined advising me of his intended course, but said Iowa City did not merit it, for they charged members five dollars per week for board. I told him his constituency did not expect it of him to vote for removal, and would condemn such a course. It seemed an unpleasant subject to him, and I left him. He voted for it, and how do you think he settled the account with us 9 Do you suppose he returned to receive our blessing of "well done, good and faithfal servant?" No, gentlemen, he ordered his family out of our county before the adjournment of that General Assembly~ a/nd we next heard of our representative thiat he was en route for the newv capitol, where I believe h e is now living, on a portion of the flew capitol grolunds; and my constituents believe the purchase was his faithlessness to our interests, when his course meets our' condemnation. I has-e exaWmin~ed the act "ROB3ERT GowNSi, EsQ. Dear Sir: Yours of the 31st ult. is before me. I am satisfied that the votes of members were bought up two years ago to carry through the bill for the act removing the seat of government to Fort Des Mloines. I could not specify any particular case of the kind now; indeed the evidence of the fact at the time was circumstantial. Care was always taken to prevent me, and others opposed to the removal, fiom knowing what influences were brought to bear. I do, however, know of some who turned some remarkable somersets in a short, time, but I was left to guess the cause. * * -k * *% " lAtIA, Feb. 7th, 1857. "HoN. ROBERT GOWER Dear Sir: Yours of January 31st was received on my return from Vinton. In reply per~mit me to say, it will be impossible for me to give any information or particular facts of the influences connected with the removal of the capitol. I have no doubt but what there was a combination brought about by improper influence with some members, which accomplished the removal. My) position on the question of removal being so well known, as a matter of course, precluded me from obtaining a knowledge of the secrets, if there were any. There were a great many rumors at the time, of the truth of which I have no personal knowledge. "Yours resrectfully, "J. M,. Pr ESTON." " IOWA CITY, Jan. 15, 1857. "Hon. ROBERT GOWER, " Dear Sir: Your favor of to-day is before me, requesting a statement of such outside influences as came under my observation, calculated to bear upon the question of removing the capital of this State from Iowa City to Fort Des Moines, during the session of 1854-5. In answer to your communication, I would say that I was a member of the House of Representatives when the act, removing the capital, passed the legislature. A large delegation from Fort Des Moines and other parts of the State were present during a large portion of the session, or until the act referred to became a law. The object 923 [Mar cli. 3d Tuesday] GOWER. LOCATION OF THE CAPITO]L AND UNIVERSITY. [37th Day. Tuesday] GOWER-CLARKE, of IL Eareh 3d of gentlemen from Fort Des Moines seemed to be to secure the vote of such members as were considered doubtful. in favor of said act; to accomplish which they frequently spoke of the value of lands in and about Fort Des Moines at that time, and what they would bring after the location of the capital in that place. I was frequently told that if I should purchase a block of lots in Fort Des Moines, at a merely nominal value, I could sell at an advance that would enure greatly to my pecuniary benefit, (i. e.,) if the bill should pass, &c., &c. Oyster suppers were provided in abundance to those doubtful members, &c., &c. that that has been done in this case? Now I do ts one s not say that Des Moines is not the best place for the seat o f gover nment. It may be th e best t hin g we can do to locate it there; but I do say and wish to ca ll a tten tion t o the fact that the removal has not been fairly accomplished thus far, and that in l ocating it, we mus t look to t he best interests of the whole people, and not to the action of the last legislature. I do not th ink that the fact that the l egis lat ure hav e removed the capitol to Des Moine s, is t o be any guide to us at all. It ought to have no influence upon our action here. If we think it is fo r the goo d of the State to locate the capitol there, let us do it upon its own merits. But let us not do it because somebody has smuggled an act thro ugh for th ei r o wn benefit. Th at i s my po sition upon the subject. Again, I do not want such legislation to h ave any c ou n tenance in our state. E very time that I discover it, I am desirous to assist in get ting it upon the record, for I hope by the exposure to accomplish theft. I know well that I have no prejudice against that place, any further than has arisen from their improper influence upon th e legislature, and no p rejudice against any person living. My only object is that th e member from Cedar may have an opportunity of getting this upon the record. That is the way I feel about the matter. I offer the amendment merely to bring the matter before the convention; not that I wish to preclude definite and final action, if the convention think that that is really the best locality. If Iowa City is the best locality, then let us fit it here. If Des Moines is decidedly the best, let us locate it there; or if there is any other quarter, let us leave it to the people to decide. But let us not be influenced in selecting a location by the act of the legislature, when we have good reason to believe that that act was the result of outside and improper influences. "You request me to state whether I had any interview with A. C. Graham, member of the House of Representatives from Cedar county, upon the subject. In the early part of the sessi h coe onesion I had considerable conversation with him as to th e pr opriety an d prob abil ity of the measure, and we ass ured each other th at we would oppose the passage of such an act with all our ability. Subsequently I heard that he had p rom ised the Des whoines delegation to vote for the bill, and that he was intending to remove to For t Desg Moinfs e arly after t the close of the session; also th at he had purchased a block of five valuable lot s for five or ten dollars. I w ent to the sea t of Mr. Graham and ask ed if this was the case. In answer, he sa id it wa s true; th at Iowa City was a bad place for the legislature to hold its sessions; that the h otel-keepers were t ry ing to s have the members out of all they could; that he was intending to remove to Fort Des Moines, and that prop erty w ould be very v aluabl e i f the act passed and became a law. How much the block of lots bought at a nominal value had to do with voting, I cannot say. But I know full well tha t h is constituency believe tha t his vote was given m ore to benefit himself tha n them. I know, also, that fearing to meet them at the close of the session, he directed his family to move to Cedar Rapids and await his return after the adjournment of the legislature. I would just say that the lobby members from Fort Des Moines and other portions of the State were strangers to me, having never seen them before or since that time. " Very truly yours, " A-xos WITTER." Mr. GOWER resumed. Mr. Matthews was senator from our district; and Mr. Witter was a member from Scott. I think it is pretty evident that the passage of this act was procured for the benefit of the few, and not for the general good; that it was passed not for the benefit of the people, but for the benefit of the few, and in consequence of their exertions outside. It operates exactly against the principle which we have been urging with regard to special charters. We have been urging that we should not have special charters for the few. But when you create a special act, removing that which is a benefit to the people generally, for the benefit of a few individuals, it is certainly a parallel case to a special charter. Is it not very plain Mr. CLARKE, of Henry. 1, for one, am decidedly in favor of the proposition offered by the gentleman from Davis [Mr. Palmer]. I have been in favor of locating both of these institutions, from the time I first came into this convention, and I was in favor.of it before. We have all of us had some experience of the evils resulting from having a capitol on wheels. If we will only look back to the difficulties which have afflicted other state s, look to aMichigsn, and other states of this Union, where thlis vexatious question in regard to the location of the capitol was year after year before their legislatures, we will see enough to satisfy us that the convention is the place to settle this matter, as it will then go to the people, and they will vote directly up it. Besides, the people have already expressed themselves in regard to the location of one of these institutions, the State University. It has generally been conceded, wherever I have heard any opinion expressed upon this subject, that the moment the capitol should be removed from this place, the State University was to occupy these buildings, and be 924 Tuesday] [March 3d GOWER-CLARKE, of 11. 37th Day.] LOCATION OF THE CAPITOL AND UNIVERSITY. Tuesday] CLARKE, of il-GOWEE. [Mardi 3d permanently located here. I believe that ex pression of opinion is almostuniversal through out the state. I believe the great majority of the people of Iowa City, that ninety-nine out of a hundred in this county, would prefer to have this ques tion settled here, of the permanent location of the capitol and the university, by having an un derstanding that these buildings should go into the possession of the University. It would re quire a great length of time to obtain an appro piiation, and expenditure of money, to erect buildings at any other point suggested by other gentlemen, that would be as suitable as is this building for the purposes of the State Univer sitv. If the University does not occupy this building, I do not know to what use it will be devoted. That the capitol will be removed from this city is a question that has been already twice decided. It was once located in the place indi cated by the gentleman from Jasper [Mr. Skiff], by commissioners appointed by the state. But a great cry was raised against that location, and it was abandoned. I have no doubt that the com missioners honestly discharged their duty. But because certain speculators got wind of that location, and obtained possession of the town lots, the outsiders, who could not get any, cried out "'fraud" against the commissioners, and nearly ruined some of them, and kept them out of their pay for some time. They also got an act passed repealing that location, and the capi tol question was all afloat again. Thie attention of the people was again called to thiis matter, and they sent their representa tives up to the legislature, and the question was again presented to them. They have settled that the capitol shall be located at Fort Des Mo ines. If I was no t a r esident of this State, and had no possible interest in the settlement of tlhis question, and was called upon to examine the map of the State, with the knowledge that I have of the present condition of Iowa, and with my present belief of what her future will be, I would put my finger upon Fort Des Moines, and say to the people, there should be your seat of government. And I think that the same verdict would be given by ninety-nine out of every one hundred who know the condition of Iowa, its geographical situation, its natural resources, and where its great commercial center will be. I believe the legislature has acted wisely in locating the capitol at Fort Des Moines. I believe the majority of -the people of this State desire that it shall be permanentlylocated there. And for the very reason that I hear some gentlemen upon this floor urging reasons why the capitol should be located at some other point; for the reason that I think I perceive a spirit now beingf awakened here to create a prejudice in the minds of the people against the action of the legislature locating the capitol at Fort Des M.oines, and because I believe if we do not settle this question by a constitutional provision, it will hereafter be a trouble and a vexation to the 117 people of this State-for all thes e reasons, I think we should settle the question of the loca - tion of the ca pitol, b ey ond the reach of parti zans, and all others who may have an interest in getting it located at some oth e r point. I woul d therefore say here, in a c onstitutional pro vis ion, that the capit ol shall be perma ne ntly located at Fort Des Moines. I believe the people of th is St e at h t e are at this tme generally satisfied -I mean those who are not pecuniarily interested in this matter-that that should be the point determined upon. The question has been d etermined upon bv the legislature, it is t rue; b ut if it is not acted upon here, and their decision confirmed by a, constitutional provision, the question may be agitat ed again, and become a foot-ball in th e legislature from year to year-a bone of con tention between the various localit ies in this State which may set up pretens ion s t o consid eration in this matter. I am in favor, the re fore, of putting an endw to this st rif e and con tention by a p r ov ision in this constitution. Mr. GOWER I wi s h on ly t o re mark that at the time of the passage of the act locati n g the capitol at Fort Des Mo ines, I was in this city, and it was currently rumored about here, that the insane asylum Oas to be located in Henry county, and the capitol i n Polk county. I wo uld ask the gentleman from Henry, [Mr. Clarke], if th at was not t he understanding at the tim e? Mr. CLARKE, o f Henry. There was a grea t deal of talk about the matter. It was said by some that the insane asylum should go to Fair field; by others, to Oskaloosa; and by others still, to Mt. Pleasant. And I believe that some even wanted it to go to Keokuk, in Lee county. Mr. GOWER. How did the respective mem bers vote? Mr. CLARKE, of IHlenrv. We all understand perfectly well how local interests operate ill such cases; how compromises may spring up, and concessions be made. Whether there was anything of that kind in this case, I do not know. And if I did know, it would not alter my opinion at all upon this matter. The only question is whether justice was done. Mr. GOWER. That is the question. Mr. CLARKE, of Henrv. If persons did not do wrot,g, what need is there of getting up here and arraigning the motives of members who voted upon this subject? I do not believe there was anything of corruption in the location of the capitol. I believe such an idea as that is sheer nonsense. Long before that act was passed, I believe a large majority of the people of this state were in favor of the location of the capitol at Fort Des Moines. I do not believe it required anything like lo,-rolling to get an act passed locating it there. It may be that the people or representatives of H~enry, perhaps, endeavored to get the insane asylum located in Henry county. But that Fort Des Moines needed to make any interest in any way to get the capitol located there, I have no idea. If there 925 Tuesday] CLARKE, of II.-GOWEP,,. [Mareli. 3d LOCATION OF THE CAPITOL AND UNIVERSITY. [37th Day Tuesday] IIA~~~~~~~~~~ttIS-FDWARDS-cLAPK-CLARKE, of J. L~~~~~~~~~~~~~~~~~~~~~~~~~areh 3d~~ A settled, and this subject was disposed of, so far as the action of the convention was concerned. But I find that there has been a sudden change in the minds of members of this convention upon this subject, and it is that which surprises me. I am at a loss to discover the cause of this sudden change. I have heard no reasons given for it. it is true I have been approached, and felt upon this subject, since that vote was taken. Whether this change has been produced by outside influence, by persons in power, and persons out of power, I do not undertake to say. But that there has been some very mysterious influence brought to bear upon the minds of members of this convention, must be very apparent to all. Mr. EDWARDS. What was the proposition to which the gentleman from Johnson [Str. Clarke,] refers? Mr. CLARKE, of Johnson. It was a proposition in the report of the committee on miscellaneous subjects, providing for the permanent location of the State University in Iowa Citv. I may say in connection with this matter, that the whole subject of locating these institutions was discussed in that committee, and very fully discussed. I stated to the committee what I have stated here, that while I desire to see this location, and to see my constituents fairly dealt with upon this subject, I was not disposed to press it, if it would create division and dissention in this convention. And although I had prepared propositions in relation to these subjects, that I thought were calculated to avoid this difference of opinion, yet for the sake of not casting a fire-brand in this convention, I did not present them. There has been a very sudden change produce d in the minds of members of this convention. Whether it has been produced by outside influences, or by the hope of gain, in some shape or other, of a local nature, or of a personal character, I do not pretend to say. But I desire to call the attention of gentlemen from the northern part of this State to this proposition. I would say to them, that if this proposition is carried, it will befor the purpose of locating the greater number of these institutions south of the Iowa river. We have the lunatic asylum located at Mount Pleasant. There has been a most extensive building commenced there in violation of law; as the commissioners themselves say, that they did it upon their own responsibility. Yet that is all right, for it seems that whatever is done south of the Iowa river, whether by authority of law or not, is all right. The penitentiary is located at Fort Madison. And now the capitol of the State is to be located at Fort Des Moines. Now I would ask gentlemen from the north, where are the other institutions to be located' Have they any assurance that any portion of the State north of the Iowa river will be remembered at all, in this matter? Or is this part of a combination,part of a project to locate all these institutions in accordance wit,h the attempt made wasr any s harp practice here, F ort D es Moines bwas practised upon, ins tead of practising up on others. I believe sh e s too d here st rong enough to carry her meas ure, i ndependent of any othe r measure before the l eg islature. But I do not know, and I will not say, that Mount Pleasant did stand here strong enough to carry her measure through, independent of any other interest. -Ir. HARRIS. It was generally understood, four years ago, that the members for Henry county were in favor of having the capitol located at Fort Des Iloines, when there was no ques tion in regard to the loca tion of t he insane asnlum. fIr. EDWARDS. I observe that the report of the committee on schools and education has been printed and laid upon the tables of members. I think we shall not be benefited by any further discussion of this question to-day; and I, therefore, call for the previous question. Mr. CLARK, of Alamakee. I hope the previous question will not be ordered. Mr. CLARKE, of Johnson. I desire to say a few words upon this subject. MIr. EDWARDS. I will withdraw my call for the previous question. ',Ir. CLARKE, of Johnson. I offer, as a substitute for tre amendment of the gentleman from Cedar, [MIr. Gower,] the following: "The question of locating the seat of governrnent at Fort Des Moines, and the State University,it Iowa City, shall be submitted tothe people of this state as a separate proposition, at the same time that a vote is taken upon the adoption of the constitution; and if a majority of the votes cast at said election shall be in favor of said proposition, the said institution shall be so located.." I rise merely to expr ess m y surpris e at the sudden change of sentiment upon this subject, manifested by members of this convention since last Friday or Saturday. It will be iemembered that the report of the committee on miscellaneous subjects came up for our consideration at that time. That committee had reported in fav-or of locating the State University at this place. And the argument against that proposition, and in favor of striking it out entirely, was, that if we located by a constitutional provision, one of these institutions, it would have the effect of driving votes from it, and must jeopardize the success of the constitution. The gentleman from Warren, [Mr. Todhunter,] the gentleman from Hardin, [Mr. Winchester,] and every gentleman upon this floor who expressed any opinion upon this subject, took that ground. The result was that that proposition received hardly a respectable vote in this convention. With the action of the convention upon that proposition I was perfectly satisfied. I did not choose to stand up here and manifest a disposition upon this question that would disturb the harmony of the convention. I supposed, when that vote was taken, that these questions were 9'LI 6 [March 3d T7ttesday] HARRIS-EDWARDS-CLAP,K-CLARKE, of J. '7thl Day.] LOCATION OF THE CAPITOL AND UNIVERSITY. Tuesday] CLARKE, of J. l~~~~~~~~~~~~~~~~~iarch ~~~~~~d in the legislature this winter? It does seem to me that there are other parts of the State of Io w a, that should hav e some rights in this matt e r, and whose members upon this floor ought to look after the rights of their constituents. If they want to) settle this thing, well and gold. I do not know, when we come to vote upon it. whether I shall vote for or against this proposition. But I tell gentlemen of the northern portions of this State, that if this proposition is carried into effect by a combination, they may look for the location of the other institutions, by the next General Assembly, south of the Iowa river; in other words, that the south is to have all of these institutions, and the north none of them. If gentlemen are willing in this matter to look, not at local consideration, not stt local interests. not to be controlled by outside influences brought to bear upon them here to govern this matter-if they will look to the i,,terests of this state alone, and locate those other institutions where the university is lo(.'tied. I am prepared to vote for it, and I am prepared to go a step farther and say that if this convention will take the responsibility of removing this university from this place, and locating that with the other institutions at some other point, I will vote for it; although in these matters fur individual feelings and preferences will have some influence upon me, I am not governed by them alone. I believe I am governed in the location ofthese institutions by a desire to piromote their prosperity and success. I has e a word or two to say about the institutio s mo re immed iat el y in ques tion here. I shall not say it from any personal consideration; nor because I happen to live in Iowa City. I say now, as I said the other day in committee, that if we were now called upon to fix the seat of government, and none of these institutions were located at all, I should contend for their location at the seat of government, wherever that might be. If it was determined to locate the seat of government at Fort Des Moines, and none of these institutions had been located, I would vote to have them all located at the seat of government. But that policy cannot now be adopted. The lunatic asylum has been permanently located, and an extensive building commenced. The penitentiary has been located, and the building erected. The capitol is proposed to be located at Fort Des Mloires. To that 1, and the people I represent, have no particular objection. But if the State University is to be located here at Iowa City, I do say that the institution for the deaf and blind should be located where the university is located. There is another objection to adopting this proposition at this time. It is true these two institutions are now located by law. But there s is another fact which should not be forgotten, and that is the fact stated by the gentleman ' from Cedar, [Mr. Gower,] t'at the present lo cation of the capital at Iowa City, is nearer the center ofthe population of the state, is better suited to the convenience of the great majority of the people of the state of Iowa, than if it were now located at Fort Des Moines. All that the people of Iowa City have ever asked; all that I ask upon this floor for them, is that the capitol may remain here until the line of inter nal improvements, now being constructed to Fort Des Moines shall have been completed, so that the people may have means of getting to that place more conveniently than they can at present. I think if this convention or the gen eral assembly should permit the capitol to remain at Iowa City, say for five years, until the rail road from this place to Fort Des Moines, and the contemplated railroad to the Des Moines river, and the one from Burlington west, shall have been constructed and put in running order, there would be no objection upon the part of the people of Iowa City, and of this part of the stateto yield up the gapitoI to Fort Des Moines. I think that is their feeling upon this subjact. I do not think the people here expect or desire that the capitol shall remain here permanently. Such I know is the expression of the leading men of our community. But we do object to being dragged away from this place to Fort ]Des Moines, when there is no convenient mode of getting there-not for a majority, but even for a minority of the people of this state. Now to obviate the difficulty which gentlemen have indicated here, that to take no action upon this matter, or to take action upon it, will effect votes for this convention; I propose as a substitute for the proposition of the gentleman from Cedar, [Mr. Gower]-which I understood him to accept,that this be submitted to the peop,le, as a separate proposition, and made an outsi-(Ie issue; and if it be t,'ue, as the gentleman t'r(.;m Henry, [NIr. Clarke,] ha,s said, that the m ittdt, of the people have settled down in favor of thi We are about to establish a board of educa tion to take charge of the educational interests of t he State, and these two institutions -th e university, and the deaf and dumb asylum shou ld b e und er the charge of that board, be cause they cou ld mt ore c onveniently devote their time to the sup eri ntendency of thes e institutions than anv other body of officers we might create. And th ere is another r e ason for that. Every man knows that these institutions depend for t hei r support and encouragement upon the interest th at the people oftbe State f tke in the gnm. They ought, therefore, to be located at some point to whi ch the attention of the people will be direc ted fo r som e oth er purpose, than merely to visit and observe these institutions. If the universitv remyains here a t this point, at its anilual cormmencement celebrations you would have people from all parts of this State, and from other States, assembled here. And if the other institutions are located here, and the people thus broughtt together are allowed an apportunity to visit them, you will thereby excite in them an interest for them. I 927 [Search 3,tt Tuesday] CLARKE, of J. LOCATION OF TIHE CAPITOL AND UNIVERPSITY. [37tli Day. sbut little favor at the hands of this convention. It was frowned down pretty generally, and could not be carried. And wh y? Because it would load down the constitution, it was said. The re was no necessity for putting it in t he constito-m tion; it would endanger its adoption by the people. What do gentlemen say now? These gentle men bring forward this same proDosition, but with en a dditional m easure, omaki ying a double load that th ey propose to put upon the constitly tion. And we find so mte of these very members who were afrai d of the si ngle load the other day, now in favor of the double one, without the least fear that this constitution will be weighed down by it. I am unwilling to believe that a member of this convention can be influenced by a system of log-rolling here. But I do say that the suggestion forces itself upon my mind i-rre sistibly, that this change must ha-ve been pro duced by some influences, unaccountable to miie. And if the legislature can be approached and corrupted, and the location or, the capitol en danigered by a system of log-rolling,, I amn not quite su-e but what this convention can be app,roach ed in the same way. If gentlemen come for ward now and ask to have this measure incor porated into the constitution, upon the ground that the legislature may be corrupted, and that log-rolling may be carried on there, I would ask if it is not just as fair and reasonable to infer that log-rolling may be practiced in this conven tion? I ask this one simple question. How can they account for the change that seems to have come over the spirit of the dreams of some members here? I have the honor to represent in this conven tion, a portion of the northern part of this State. I needed not the reminder of the gentleman from Johnson, [Mr. Clarke]-although I take it kindly from him-of the injustice that has been done to the northern part of this State, in the location of our public buildings, and also in the selection of our public officers. -The south has obtained everything. At the time the capitol was located at this place, it was probably all right that it should be so located; to that I have no objection, or to its remaining here, or bei,,g located at Fort Des Moines, and remaining there until the people, through their legislature, see fit to change its location. At the time it was located here, it was probably an equitable location, one that accommodated the people better than any other that could have been made. Now about this proposition to locate the capitol at Fort Des Moines. Where is Fort DIes Moines situated? It is situated but three tiers of counties from the southern boundary of the State, while seven tiers of counties lie to tlla north of it, it is within the edge of the fourth tier of' counties fi'om the southern bounldary. Now those who wish to get this matter into the constitution, come in here and say that the State university shall be locatedl pe rmanently at Iowan City. which is far south of the geographical centre of the State. At the same time that tally proposition, it seemsto me there can be no ob jection to the course I have suggested. If the people are in favor of the location proposed in this proposition, they can carry it if submitted to them as a separate proposition,and you obviate the danger of making votes against the constitution itself. I therefore move the proposition I have indicated as a substitute for the original propo sition of the gentlemn from Davis, [mkr. Pal mer. ] MAlr. CLARK, of Alamakee. I am opposed to this whole matter. I do not believe we should meddle with this subject in the constitution at all; and I must say, with the gentleman from Johnson, [.Mr. Clarke,] that I am not a litlte surprised at the feeling I see manifested here this morning in relation to this matter. When some particular questions are brought up, proposed by persons who are friendly to some par ticular measures, certain gentlemen upon this floor appear to be horror-stricken in a moment for fear, as they say, that we will load the constitution down and sink it; that so much freight will be put on board the constitution, that it will never reach the harbor; that we will put so many things in it that it will be defeated before the people, when it is submitted to them. And yet I notice in regard to many of that same class of gentlemen in this convention, when any particular measure is brought forward that favors their immediate localities, or their particular sections, that this idea of overloading the constitution never seems to be thought of by them. Now what is the necessity for having this subject in the constitution? Can gentlemen give us any reason for it? Is there a member upon this floor who can give a good reason whywe should do this? Can he satisfy me that there is any existing reason why this should be put in the constitution? If he can do so, it may influence me in the vote I shall give upon this proposition. But I have heard no reason yet assigned, which to my mind, is a good reason. But there are a great many reasons, to my mind, why this thing should not be put in the constitution. What is proposed to be done? Gentlemen claim that the legislature has already settled this question, and located the capitol at F?ort Des Moines. Is not that sufficient? Why no, say they; we want to put it into the constitution, so as to prevent log-rolling in the legislature. Now let us examine this question for a moment. How is it? It has been pretty strongly intimated that log-rolling procured the location of the capitol at Fort Des Moines, in the first place. And now thegentlemen who are endeavoring to get this put in the constitution, are in favor of cutting off the right arm that carried the capitol to Fort Des Mloines, for fear it may carry it away again. But this is not my most serious objection to this proposition. But, a few days ago, there was a proposition before this convention, for permanently locating the state university at Iowa City. It received 928 [..II a,,r c h 3 d Tuesday,] CLAIIK. 37th Day.] LOCATION OF THE CAPITOL AND UNIVERSITY. Tuesday] in regard to their demands. And if you suc ceed in getting this measure incorporated into the constitution, you will not thereby render the capitol any the less a capitol on wheels. The power that is vested in the people to locate their seat of government, will not thereby be wrested from them, for they can and will exercise tlheir power upon this subject, if they shall deem it necessary to do so. And in a few years, if the capitol is located at Fort Des Moines, and it does not accommodate the people of the state, gen tlemen will find the capitol on wheels again, and the con stitution with it. The n why seek to b re ak this co nstitution down by putting a provision in it which will a r ra y the voter s o f bot h parties in the northern part of th e State against it? I am opposed t o anything of the kind. I believe it is wrong in principle for this convention to attempt to locate these institutio ns even where they n ow,ire-to at tempt to locate them anywhere. I (lo not be lieve we were sent here for any such purpose. I do not believe the wishes of the great mass of the people of this State are in lavor of our do ing any such thing. Those who live in or near the places to be affected by it, may be in favor of it; but the people, as a general thing, do not desire it. I am opposed to it in toto. Yet, if we must act upon it at all, let us do so in the manner proposed by the gentleman from Johnson, [lr. Clarke.] Let the people have an opportunity to vote for the constitution as a whole, and against this measure if they desire to do so. I am opposed to side issues, as a general thing. But if we must have this matter presented in the election in any way, let us have it in the shape of a separate proposition. If the great thoroughfares of the State were in such a condition that we could travel any ways expeditiously and comfortably to Fort Des Moines, this would not be so objection able The tim-e may not be far distant when we may be able to do so. But, after all, the great objection to the location here proposed, is, that it is too far away from the center of the ~taite from ttie place where the people of the State will finally require it to be located. It is in direct contravention of the wishes of a large proportion of the people of the northern part of the State. The majority of the people of the southern part of the State may be in favor of locating the most of these institutions where they are now located. But I do not believe the adoption of this provision will secure a large number of votes even in the southern part of the State. Those who are opposed to the constitiition will vote -,against it, even with this provision in it; those w-hlo are in favor of it, will vote for it without it; while in the northern part of the State, a lalrge nlumber of voters will be arrayed against the constitution if this provision is inserted in it. I do not believe it is just and right to incorporate this in the cfrlnstitutionl. I do not believe there is any necessity fbr hlaving it thuere, anld bring that proposition forward, they bring for ward ai nother one to make Fort Des Moines the se at o f gov ernmen t for this State, making Fort Des d,loines lift at the wheel f or Iowa City, an d Iowa City lift at the wheel for Fort Des tloines. Bo th of th ese places are south of the geographi cal centre of the State. If thi s arrangenment is entered into, it will re suit in sertiots in convenience to us in the north ern pa rt of the state. WLether riiht or wrong, there will be serious dissatisfaction felt there iv this is i nc orporated into the constitution, and it wi ll haave the effect of arraying a host of voters in the northern p art of the state against the constitution. Nooow I am opposed to interfering with this question act all. But if we must do something iv refgaid to it, let us alopt the proposition of th e gentlemman from Johnson [Mr. Claike], to s-ubmi,t thi question as a s eparate proposition to tthe people. so that we may n ot endanger the const,tution. Lood a t the north ern part of the state. In order to et to Fort De s Mvl oines, we must go first to Dubuque, a di stance, perhaps. of two hun dred or three hundred miles, and fr om that place we must con e h ere. Or, wi th the we ather a s it has beer. this winter, we will be compelled to go over in to Illinois, and aroundii that way. We have fixed the mileage in this state to be com pite te m e outed by the nearest trl ed route; rather penny-wise, in my opinion. NOow if there should happent to be a time it ojcn the year when he people could manage to trave l thro ugh from the north ern part of my district to Fort Des lIoines, it would be c o nten ded thaat our members shall not h av e t hei r mil eare computed by any other route, though they mat be compelle d to be at the ex pense of traveling in t he winter some five hun dred or six hundred miles t o get there. Now thi s is,in inconvenience to which we do notfeel disposed to submit. But if the legislature ha s al ready l ocated the capitol at Fort Des ooines, I am wit l ling to leave it there until the people see fit to rem o ve it. The gentleman from Henry [Mr. Clarke], how ever, says that le wishes to settle this question, boecause he does not want to have a capitol on wheels. I would say to that gentleman, that the best way to take the capitol off its wheels, is to locate it somewhere near the geographical cerntre of the state, so as to accommodate the people of the state; locate it where it can oe approached from all points alike, with the least inconvenience. The very reason why the c,pitol is now on iwheels, and why it will remain on wh'ieels, is because it is out of its proper plalec. Vl;i'en tile capitol was first located here at Iowa City, there were but few people in the northern p art of the state. But g'entlemen relst remnember th.'~t that portion of our territory is filling up very raqpidl:y' aond in a. very short timne they w-ill be able, not onalyr to speak of, blut to demand their r-ig'hts, uponl this subject. Andl they will sooLn have the polver to make themselves heard. 929 [illareh 3d CLARK. i 11 LOCATION OF THE CAPITOL AND UNIVERSITY. [37th Day Tiesday] EDWARDS-CLARKE, of J. [iarcli 3d ness at the seat of government? I would ask if the gentlenan from Alain.akee [Mr. Clark] would have any farther to go to transact his business, in going to Fort Des Moines, than would the gentlemen from Mills and Pottawvatamie, and others from the western part of the state? Is it not a desirable object that the seat of government should be so located that even-handed justice may be meted out to all throughout the whole length and breadth of the state? I mean in regard to geographical position. Because the state is now young and thinly populated, is one very strong reason why this question should be decided at an early day. It should be known to the people of this state that their capitol is permanently located, in order that all the improvements and obuildings necessIary for carrying on the several departments of the government may be provided for. As public opinion and legislative enactment have said that the capitol shall be located at Fort Des Moines, and as it is so near the geographical center of the state, as to be calculated to meet the wants and wishes of all the people, and to deal out even-handed justice to all portions of the state, it is asking nothing unfair nor unreasonable, that the seat of government should be located by a constitutional provision. And it appears to me that no gentleman should be arraigned for favoring such a provision here. It is true that the eastern portion of the State has a more dense populati on t ha n the western portion of the State. And if this question was submitted to the people as a separate and distinct proposition, aside from the constitution, the eastern portion of the State, having a large majority of the population, could defeat it. But I would ask gentlemen to ponder this subject well, and give it due consideration. I would ask them if they could even defeat this measure, would it be just to the western portion of the State, which is as rapidly filling up as any other portion of the State? Should that portion of the State be subjected to a travel of one hundred or two hundred nmiles beyond the center of the State, in order to accomm date the people in the eastern portion of the State? There was a proposition submitted here the other day-I do not know in what shape it came up-to fix the state university permanently here at Iowa City, and let the capitol remain here for the next five years. Mr. CLARKE, of Johnson. The gentleman is mistaken. There was no such proposition. Mr. EDWARDS. I think I am not mistaken; that some such proposition was broached here. for these reasons I shall oppos e its b eing put in there. If there was any serious necessity for it; if there was any crying necessity for it, in which there was a principle involved of such importance as to justify us in hazarding the adoption of the constitution; if there was a necessity that would override the question of expediency; if there was something at stake here besides mere dollars and cents, then there might be some plausibility in this measure. Those who urge this proposition here, will excuse me for using these terms, for though they mBay deny that they do not urge it from any selfish considerations, yet I cannot view the matter in any other light, Wha t i s to be gained by adopting a provision in the constitution, locating the capitol at Fort Des nlo ines? If the people want it there, is it not already loc ated t here by legis lative enactment? If they want itte r there they can keep it there. If they a re opposed to it s remaining there, then l et them have the right of taking it away from there. If they are opposed to its being there, the putt ing this provis ion in the c on stitution is nothing but an e ffort to forestall the wishe s of the pe ople. I am, therefore, opposed to the adoption of this provision of the constitution. Mr. EDWARDS. It appears to me that the permanent location of the seat of government, bv a constitutional provision, would be a desirable object to be attained. The reasons that induce me to support the proposition submitted here by the gentleman from Davis [Ntr. Palmer] are these: I am satisfied that within the last year or two public opinion has settled down upon Fort Des Mloines as our future seat of government. In obedience to that public opinion, a law was enacted, locating the capitol at that place. Now it appears to me that if this convention will satisfy this public opinion, and endorse this action of the general assembly, we will not only be carrying out the wishes of the people, but be giving a quietus to this subject. It is certainly to be deplored that the seat of government should be left in an unsettled and transitory condition. For what reasons have public opinion and legislative enactmentdecided upon having the seat of government at Fort Des Moines? They are reasons based upon every principle of justice. It is because it is as near the geographical centre of the state as the nature ot the case will admit, taking all the circumstances into consideration. The gentleman from Alamakee [Mr. Clark] objects to this location, beciause it would subject him, and those living in the northern part of the state, to increasedl trouble, expense and travel to get to the seat of government. Now, if it is unjust and unfair to subject him to this increased travel and inconvenience, will not the objection hold equally good upon the other hand in relation to the gentleman from Mills [Mr. Solomon], and the gentleman from Pottawatamnie [MIr. Price], and persons from those counties who have busi I s t t I t t 0 e 0 u a i t 0 (,' i, 0 1 Ti-tesday] EDWARDS-CLARKE, of J. [March 3d Mr. CLAI-',KE, of Johnson. Not in the report of the (-oniniittee. 'inir. EI)WARDS. The proposition came up in some slitipe, and I was opposed to it. I think this question should be defin,.telv settled now. I believe if it is settled by t T)rovision in the con.3titiition, no votes will be lost to the constitution for that reason. 37th Day.] LOCATION OF THE CAPITOL AND UNIVERSITY. Tur a]~)AlSlAL ~aci3 government to this place. If it were a matter of any importance whatever, we could go on and examine the history of the controversy about its removal, and dig up many suspicious circum stances from the recollections of gentlemen who took an active part in that matter, and we might b spatter with the mud of aspersion a large number of other persons. But what would be the good of doing that? It should be forgotten, and I am disposed to let it rest. Now I look upon this matter in this light. It is a fact, with which the public mind through out the state is impressed, (with the exception of Alamakee county,) that this city is not the prop er place for the permanent seat of government. So far as I am informed, that is the almost uni versal sen ientiment, except, as I have sai d before, in Alamakee county. This matter must be set tled at some time. We must have a per man ent seat of gove rnmenten that wee can l ook up on as fixed and settled. That is policy. The ques tio n is, where shall it be? Publi c senti ment has already pointe d o ut the place, and the leg islature has responded to that sentiment. I am not afraid of th ese im putations of bri bery and corruption -t all. They are entirely uncalled for. The y have n o t errors for me. And I have gen e r ally found, through life, that those personds who are so ready to assail and de - nounce other s for being gove rned by improper i nfluences, are themselves the most a ccessible to t hat kind of management. Now ther e are but fe w perso ns wh o feel an individual interest in this matter. They look to the permanency of these institutions and the good of the state. That is the way the people throughout the stat e must re gard this matter. All wh o are no t carried away by captious feelings, or have some selfish i nterest in this matter, mu st view it in this light. ls there a better time and place to close this controversy than the present? That is the first question to be answered. If we turn th is matter over to the legislature it will be a subject of constant agitation there, and these institutions cannot flourish. They w ill not be what they ought to b e, or wha t they tan become, while this matter is unsettled. So far as the seat of government is concerned, that is of minor importance in my mind. tIere is the state university, with an endowment of many hundreds of thousands of dollars; means enough, wih th that kind o so a nd o f support an d culture which it should receive from the state, to bui ld all its necessary edifices, and educate a large number af the youths of the state. In what condition is that institution at this time? We have the money at interest, and are paying out five thousand or six thousand dollars each year; and where does it go? I believe that Des Moines has three institutions of learning, either of which is as high in respect to character and standing as the University of Iowva, which is endowed with seventy-twvo townships of land, sold, and the money out at interest. Wve havea catalogue of officers, of distinguisked mnen, but It seems to me that the gentleman from Johnson, [Mlr. Clarike,] in this matter has not been actuated by those generous impulses which usually characterize men when they ask for favors. I think if we are willing that this building, which belongs to the State, should be appropriated to the uses of a state university, that is as much as can reasonably be asked of us. All that we can ask is that the seat of government shall be located as nearly as possible in the geographical center of the State, so as to accommodate the people of all portions of the State. And let me tell the gentleman that when he talks about influences brought to bear upon members in relation to this question, if he is not satisfied with the state university in his city, as far as the southern portion of the State is con cerned, we are prepared to compromise the matter, and remove it to some place in the north ern part of the State, and relieve the people of Johnson county entirely from any such institu tion. Now I think the gentleman ought to be satisfied, that the people of Iowa City ought to be satisfied, that the people of Johnson county ought to be satisfied, with what they have ob tained, and be content to carry out the will of the legislature and of the people in regard to the location of the capitol permanently in the geograpaical center of the State. If there have been any influences brought to bear upon gentlemen, to induce them to "change the spirit of their dreams," I will state here p ubl icly and boldly, tha t I had no expectation that a proposition of this k i nd wo uld have b een broughht forward, until it was presented here. But as it is here in its present shape, I am prepa red to vot e for it, believing that the people of the State demand it, and that it will also secure votes to the constitution. But the most important consideration of all is that this question should be settled now~ and settled forever. Mlr. HALL. I have not given this subject much reflection and consideration. But I do not think this discussion, in the shape it has assumed, will be very beneficial to us. The speeches made here will read badly hereafter. It is bad history to go to posterity that we are making here. It appears to me that our debates here are beginning to assume the character and creditibility of a " Police Gazette," or a " Rascals' Directory." And if they go on much longer at this rate, the very fact that a man held a seat in this convention will he sufficient to strike a death-blow to all claims he may desire to get up for honesty and integrity of character. To denounce all those who have preceded us, and to try and condemn in advance al) who may come after us-that seems to me the object that gentlemen have in view here. They get up here and undertake to give a history of the past. Wrhat if I were to do so? I might show that the seat of government was originally located in this city by a species of management that might not be very creditable to some gentlemen. We know who gave the casting vote, and how he was induced to give it, that brought the seat of 931 Tuesday] EDWARDS-HALL. [.Diarch 3d LOCATION OF TIIE CAPITOL AND UNIVERSITY. [37th Day. Tt e sday] I-IALL-SKIFF-MARVIN-TRALER.o they never come here. They reside away from here, but never come here to lecture in the institution. This State University is but an idea yet. Now, locate that institution; place it where it shall remain permanently, and let the benign influence of this fund that we have, be brought to bear upon it. Let those gentlemen who have accepted professorships and offices in that institution, come here and use their attainments and abilities for the benefit of our youths. They will not come until there are means provided through which they can exert their useful influence; they will not come until preparations have been made and the youths of tlte State invited and collected here for their instruction. They will not come here and go into the little hovel that is all that the university has here. You gain one year by the establishment of this university by a constitutional provision, and that is a great deal; you get its advantages one year sooner. Suppose you have doubled the money belonging to the university. Have you derived any benefit from it? Wherein? It is now being wasted, as we are all aware. I have not given this subject much consideration; but it appears to me that we ought to pursue some course in order to give permanency and character to this institution, and those engaged in its management, in order that our people may know where to send their sons to be educated, anal those who have charge of the institution may know what means they will have to prosecute this great work. It is time that something of this kind was done. We have lived long enough with merely the word "university "' upon our statute book. It is time that we should (do something, so that the u niversity may go on with the means which it has, and use them for the purposes, and in the manner, for which they were intended. The gentleman from Alamaklee, [MIr. Clark,] undertakes to frighten us with the threat that the people of his portion of the state will vote aga~inst the constitution if you do not keep the seat of government for four or five years longer in Iowa City, and continue the university in a state of nonentity. It may be that his constituents are of that character; it is possible that they are. But I think they will take the sober second thought, and look upon the fact itself as of more importance than the mere declaration of it. I believe they will regard the establishment and permanency of this institution as,)f more importance than to have it in a continual state of fluctuation and indecision. I will say candidly, that if I had my choice in this matter, I would never vote to have this university located in Iowa City. I believe the five sections of land in Monroe county are worth more than all Iowa City ever will be, so far as benefit to the university is concerned. You can build up a better neighborhood there, erect better buildings, and the people will more freely send their children there, than would be the case here, and looking forward to the many years that this institution wili be the educational center of the stare, I would rather have it Co there than to remain here. But I am not going to set up my individual opinion against the expressed wishe s o f t he people, and in a general squabble have n o institution at all. It is proposed to let this mat ter be submitted t o the people. If that is done t here wtill be a half a dozen contestants for each of these institutions. I can never consent to have the matter go the people as it is presented here. I do not want it presented to the people in such a way that they cannot decide upon any point they please, and have the question up in such a way that it would take ten years to settle it. The friends of the institution would not know what to do in the matter. They would see it upon the hustings all over the state, all mixed up with politics. The gentleman from Alapiakee, [AMr. Clark], has alrea,-dy told you that it is now so mixed up with politics in his section of the state, th.it his people will forego all the benefits of the other amendments of the constitution, if this subject is incorporated in it. Now if we find this so "in the green tree, what will it be in the dJry?" There will be enough of people in this state who will vote for the constitution, if this institution is permanently located by a provision in it, even if others will forego all the benefit of the other acts on that account. Mr. SKIFF. We want to adjourn to-mhorrow night, and start for home the next day, and we can do that if we will go to work, and not talk all the t-ime. I therefore call the previous question. Pending the call for the previous question, On motion of Air. MARVIN The convention took a recess until this afternoon at 2 o'clock. The conventioni re-assembled at 2 o'clock P. M., and was called to order by the Pres-dent. The consideration of the article on the location of the Capitol and State University was resumed. The pending question was a substitute proposed by Mr. Clarke, of Johnson, to submit the matter to a vote of the people, as a question separate and distinct from the constitution. Upon this Mr. SKIFF had called for the previous question, which was pending when the convention took a recess. The call for the previous question had been seconded, and the question was " Shall the main question be now put?" 5Ir. TRAER. I would request the gentleman from Jasper [Mr. Skiff] to withdraw his call for 932 [March 3d EVENING SESSION. 37th Day.] LOCATION OF THE CAPITQL AND UNIVERSITY. SKIFF-TRAER-BUNKER-CLARKE, of J.-CLARK-PARTIN, &c. the previous question for a moment, so that I may submit an amendment which I desire to offer, and which I have had no opportunity of doing as yet. ir. SKIFF. I would like to hear first what the amendment is. Mr. TRAER. I desire, if we are to commence locating these institutions, to make provision for locating them all. Mr. SKIFF. I cannot withdraw my call for the previous question for such an amendment. vote is taken upon it. I h ope the motion to ex c use him, w ithou t his request, will not be adopted. I do not understand tha t any gentle man here has a right to ask that a member be excused, without his request. Mr. SKIFF. I he ard Mr. Winchester say that he was going home; that he would not wai t upon this question any longer, but would t ake the responsibility of going away row. The question was then taken upon dispe nsing with further proceedings u nd er t he c all, a nd et was agre ed to. The qu estion r ecu rred upon order ing the main questi on to be put. Mr. PALMER. Before the main ques tion i s ordered to be put, I desire to make a personal explanation. As I am the author of th e pending proposition, it m ay, per haps, be m ore appropriat o e for me to make such an explanation, than it would be for any o ther m emb er whose motive s hav e b een impugned. It has been insinuated, either in this convention, or o our of it, that I have changed my position sincc th is question first arose, from being a violen t oppent nt to thi s measure, to bein g a warm advocate of it. This is not so. I have ever been in favor of l ocating the seat of government where it is now fixed by law. I thought the matter was settled. I had no idea, before I came to this convention, that this question would be raised here at all. I knew the people of my section of the State were in favor of the location of the State Capitol in accordance with the action of the legislature upon that subject, and that they supposed it was permanently fixed there. It was also understood, I believe, that the public buildings here in Iowa City, which are so valuable, would be put to some use, and that they could not be put to a better use than the purposes of the State University. MIr. BUNKER. I wish the gentleman from Jasper [Mr. Skiff] would withdraw his call for the previous question for a few moments. I de sire to hear from the gentleman from Davis [Mr. Palmer], who offered the proposition now pend ing before us, his reasons for so doing. If I recollect rightly, this question was before the committee on miscellaneous subjects, and that gentleman there seemed to think that a provi sion to locate these institutions would have a tendency to weigh down the constitution. I would like to hear his reasons for this change of opinion on his part. M[r. SKIFF. If the call for the previous ques tion is withdrawn, we may spend all the after noo n in the ftheher discussion of this subject. Consequent ly, I must insist upon my call for the prevcious question; the onvention ho can do as they see fit. The question was upon ordering the main question to be put. Mr. CLARKE, o hs ove ca of Johnson, moved a ca of the c onvention, which was o rdered. The secretary the n call ed the roll, with the following r esul t; present 34, absent 2, as fol lows: P resent-The President,I essrs.Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson and Young. Absent —Messrs. Cotton and Winchester. The PRESIDENT stated that Mr. Cotton was absent under leave. Mr. SKIFF. I move that Mr. Winchester be excused. He has gone to Muscatine on business, as I understand. Mr. CLARK, of Alamakee. I move to amend that motion to the effect that I may be excused from attendance upon this convention. The amendment did not receive a second. The question was upon the motion to excuse JIr. Winchester for non-attendance. Mr. PARVIN. I move that further proceedings under the call be dispensed with. Mr. TRAER. This is a question in which, above all others, Air. Winchester is interested, and I know it is his desire to be here when the 118 It is true that in the committee on miscellaneous subjects, to which I belonged, I did assent to the report being brought i, here, without anything being said upon the capitol question at all. I never assented thati the capitol question should be agitates in any way, for I supposed it would undoubtedly remain as previously settled by law. But it has been intimated here, it has been stated in various quarters, that that question was not yet settled. I suppose that the understanding that this question should be passed by unnoticed here, was in consequence of the belief that it was already settled by law. But the suggestion that there was no certainty that it was yet settled, may have changed the views of some members as to the necessity of incorporating some provision in this constitution which may settle it. During the ten years that I have been in this State, this question has been continually before the legislature. I am in favor of settlingit now, if i t h as not yet been settled. And it was wit h that view that I introduced this article. I believe it should be settled, as the people, through their representatives in the legislature, on dif 933 [March 3d Tuesday] LOCATION OF THIE CAPITOL AND UNIVERSITY. [37th Day. BUNKER-CLARKE, of J.-CLARK-YOUNG-EDWARDS —HALL. [lMarch 3d Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke, of Johnson, Ells, Emerson, Gower, Gray, Scott, Traer and Warren. Nays-Messrs. Ayres, Clarke of Henry, Day, Edwards, Gibson, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Seely, Skiff, Solomon, Todhunter, Wilson and Young. Mr. CLARK, of Alamakee, when his name was called, said: I vote "aye," under protest. I am opposed to having this subject in the constitution at all. But if we must have it, I prefer to have it in this form. No other amendment being offered — ferent occasions, and at different sessions of the legislature, have intimated that it should be settled. I believe that what I have introduced here will not prove in any way detrimental to the interests of the citizens of this place, when I provide in my proposition that the State University should be permanently located in this place, and the capitol at Fort Des Moines, leaving the other institutions to be settled hereafter. It was not with any personal views that I raised this question here. It was after consultation with members of this convention, and with their approval, that I introduced it. I claim to have been influenced by just as honest and patriotic motives, in what I did, as any other members upon this floor can be. The question was upon ordering the article to a third reading, and referring it to the comrnittee on revision, engrossment and enrollment. Upon this que stion Mr. YOUNG called for the yeas and nays, and they w er e ordered accordingly. The question being taken, by yeas and nays, the article was ordered to a third reading, and referred accordingly; yeas 20, nays 15, as follows: Yeas —The President, Messrs. Ayres, Clarke of Henry, Day, Edwards, Gibson, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Price, Robinson, Seely, Skiff, Solomon, Todhunter and Warren. Nays-Messrs. Bunker, Clark, of Alamakee, Clarke of Johnson, Ells, Emerson, Gower, Gray, Marvin, Parvin, Peters, Scott, Traer, Wilson, Winchester and Young. .)r. BUNKER. I had no intention to impugn the motives of the gentleman from Davis [Mr. Palmer,] in any respect, in the remarks that I made. But I understood him, in his arguments before the committee, to be opposed upon principle to this measure, upon the ground that a provision locating these institutions would act as a dead weight upon the constitution, in consequence of which it might be defeated before the people. I understood the gentleman then as taking that ground, and I only desired an explanation of his change of position. The question recurred upon ordering the main question to be put. Upon this question-T MNr. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the main question was ordered; yeas 19, nays 15, as follows: Yeas-Messrs. Ayres, Clarke of Henry, Day, Edwards, Gibson, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Palmer, Parvin, Patterson, Price, Robinson, Seely, Skiff, Solomon and Todhunter. Nays-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Johnson, Ells, Emer son, Gower, Gray, Marvin, Peters, Scott, Traer, Warren, Wilson and Young. The first question was upon the motion of Mr. Clarke, of Johnson, to substitute for the propo sition of Mr. Palmer, the following: "The question of locating the seat of govern ment at Des Moines City, and the State Univer sity at Iowa City, shall be submitted to the peo ple, as a separate proposition, at the same time the vote is taken upon the adoption of the con stitution; and if a majority of the votes cast at said election shall be in favor of that proposi tion, the said institutions shall be so located." Upon this question- Mr. CLARKE, of Johnson, called for the yeas and nays, and they were accordingly ordered. The question being then taken, by yeas and nays, the amendment was not agreed to; yeas 11, nays 23, as follows: Mr. EDWARDS. I move that the convention proceed to consider, in committee of the whole, the report of the committee on education and school lands. Mr. HALL. I move to amend that motion so that the convention consider that report without going into committee of the whole. Mr. EDWARDS. Very well-I have no objection; I accept the amendment. The question being taken, the motion as modified was agreed to. The report of the committee on education and school lands —being the last report made by that committee —was then taken up and read, as heretofore published. The convention then proceeded to consider that report by sections. The first s ection was the n read as follows: " Section 1. The educational interest of the State, to include common schools and other educational institutions, shall be under the 934 T-tLesday] E,ditcation and School Land.3. Board of Education. BOARD OF EDUCATION. [M3areh 3d Sec. 5. The session of the board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraor dinary occasions, when, upon the recommnenda tion of two-thirds of the board, the Governor may order a special session. "r Sec. 6. The board of education shall ap point a secretary, who shall be the executive officer of the board, and perform such duties as may be imposed upon him by the board, and the laws of the state. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the general assembly. "Sec. 7. All rules and regulations made by the board shall be published and distributed to the several counties, townships, and school dis tricts, as may be provided for by the board, and when so passed, published, and distributed, they shall have the force and effect of law. "Sec. 8. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other institutions oflearn ing, that are instituted to receive aid from the school or university fund of this state; Provided, that all acts, rules, and regulations of said Board may be altered, amended, or repealed by the general assembly; and when so altered, amend ed, or repealed, they shall not be re-enacted by the board of education. Sec. 9. The governeor-of the state shall be, ex oficio, a member of said board. Sec. 10. The board shall not have power to levy taxes, or make appropriations of money. The contingent expenses shall be provided for by the general assembly. Sec. 11. The state university shall consist of a single institution, and the university fund shall be applied to that institution, and no other. Sec. 12. The board of education shall provide for the education of all the youths of the state, through a system of schools. A school shall be organized and kept in each school dis trict at least three moaths-in each year. Any district failing, for two consecutive years, to organize and keep up a school, may be deprived of their portion o f the school fund. Sec. 13. The board of education shall receive e me e r the same per diem and mileage during the t ime of their session, as members of the general assembly; and, for other services, such co:mpensation as shall be provided for by the general assembly. Sec. 14. A majority of the board shall constitute a quorum for the transaction of business; Provided, no rule, regulation or law, for theregulation and government of the school or educational system shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the board shall be, "Be it enacted by the board of education of the state of Iowa." management of a Board of Education, which shall consist of the Lieute nant Governor, who shall be the pr esiding officer of the Board, and have the casting vote in case of a tie, and one member to be elected from each judicial district in the State." Alr. WILSON. I rise to inquire whether it would be in order to submit a substitute for this report? The PRESIDENT. The proper course of proceeding would be to proceed to amend this report first; when that is done, a substitute for this report as amended could be offered. .ir. WILSON. I wish to state, in addition to the inquiry, that I am opposed to thi s a rticle, as reported from the committee; and I desire to move a substitute for it, in order to get a test vote of the convention in relation to it. If the convention determine, by a majority vote, to reject the system which I propose to offer as a substitute, which will be the minority report of the committee o n education a nd school lands, I shall feel like giving up the contest. I think the report of the majority is too cumbersome, and goes too much into detail. The PRESIDENT. The chair is inclined to entertain the motion of the gentleman from Jefferson [-NIr. Wilson]. The question was stated to be upon substituting the former minority report of the committee on education and school lands for the majority report of the committee as last made. The majority report was read, as follows: ,Section 1. The educational interests of the state, to include common schools and other edu cational institutions, shall be under the manage ment of a board of education, which shall con sist of the Lieutenant Governor, who shall be t he presiding officer of t he board, and h av e the cas ting vote in case of a tie, and one member to be elected fr om each judicial district in the state. " Sec. 2. No person shall be eligible as a member of said board who shall not have at tained t he age of twenty-fiveyears, and been o ne year a citizen of the state. " Sec. 3. One member of said board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this constitution, the board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the board shall be chose n ev ery two years- thereafter. "I Sec. 4. The first session of the board of education shall be held at the seat of government, on the first MIonday of December, after their election; after which the board may fix the time and place of meeting. No regular session of the board shall be held during the time the general assembly may be in session. i 935 37th Day.] Tuesday] WILSON. i I SCHOOL FUNDS AND SCHOOL LANDS. Tuesday] WILSON. [March 3d~~~~~~~~~~~~~~~~~~ by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University. Sec. 6. The financial agents of the school funds shall be the same, that by law, receive and control the State and county revenue, for other civil purposes, under such regulations as may be provided by law. Sec. 7. The money subject to the support and maintenance of common schools, shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty one years, in such manner as may be provided by the General Assembly. The substitute was read as follows: Section 1. The General Assembly shall provide for the election or appointment of a Board of Education, to be composed of twelve persons, who shall be the Trustees of the University, and shall have the general charge and control of education in the State. They shall have power to appoint a Secretary of the Board, who shall be their execut ve agent, and perform such duties as may be imposed. upon him by the Board of Education or the laws of the State. Sec. 2. Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvements, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, for the supportof schools, which shall h lereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D., 1841, and all estates of deceased persons, who may have died without leaving a will or heir, and also such pc cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of Common Schools throughout the state. Sec. 3. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties, for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly slhall, from timle to time, provide by law. Sec. 15. At any time after the ye ar 1865, the general assembly, two-thirds of each branch concurring, shall have tower to supersede or re-organize said board of education, and provide for the educational interest of the state in any other manner that to them shall seem best and proper. Sec. 1. The educational and school funds and lands shall be under the control and management of the general assembly of this state. Sec. 2. The university lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same,hall be annually appropriated f o r the support and benefit of s aid university. Sec. 3. The general assembly shall encourage, by al l suitable means, th e promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools. w h ich sh all hereafter be s ol d, or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of Congress, distributing the proceeds of the public lands among the several states of the Union, approved A. D. 1841, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may be granted by Co,igress on the sale of lands in this state, shall be, and remain, a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. Sec. 4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fines collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the board of education shall, from time to time provide. Sec. 5. The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be, reserved or granted by the United States, or any person or persons, to this State, for the use of a University, and the funds accruing from the rents or sale of such lands, or from any ot' er source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said University, for the promotion of literature, the arts and sciences, as may be authorized [37th Day, 936 Tuesday] WILSON. [March 3d School Ftiiids and School Lands. ARTICLE -. i II i II II II I 37th Day.] SCHOOL FUNDS AND SCHOOL LANDS, &C. Sec. 4. The General Assembly shall take Nays.-Messrs. Ayres, Day, Edwards, Emer measures for the protection, improvement, or son. Gibson, Gillaspy, Hall, Harris, Johnston, other disposition of such lands as have been, or Marvin, Palmer, Parvin, Patterson, Peters,Price, may hereafter be, reserved or granted by the Robinson, Seely, Skiff, Solomon, Todhunter and United States, or any person or persons, to this Warren. State, for the use of a University; and the funds The question recurred upon the first section accruing from the rents or sale of such lands, or of the report of the committee. from any other source, for the purpose aforesaid, No amendment being offered thereto, shall be and remain a permanent fund, the in terest of which shall be applied to the support Ae offeners ofthe od. of said University, with such branches as the public convenience may hereafter demand, for Section two wasthen read as follows: the promotion of literature, the arts and sci- er on s a e ea as f ences, as may be authorized by the terms of such "No person shall be igie as a member of grant. And it shall be the duty of the General said board who shall not have attained the age Assembly, as soon as may be, to provide effec- of twenty-five years, and been one year a citizen tual means for the improvement and permanent of She state." security of the funds of said University. Mr. TRAER moved to strike out the words The question was upon the substitute. "twenty-five," and insert the words' twenty-one." M h tis e substitute Mr. HALL. That question has already been M~~~~~~~~~~~r. HALL. Thisvrame substitut has vtduo,andthreasad n,y upnitaee heen offered two or three times before, in com- voted upon, and the yeas andnays upon it are mittee of the whole, and in the convention. now upon our journal. I would inquire if it is The report for which it is offered, comes to us in order to submit this motion again. with the unanimous recommendation of the com- Mr. TRAER. I understand that this report mittee on education and school lands, which is now upon its second reading, and open to committee consists now of the old committee, amendment. It was read the first time on yes and two additional members. I do not desire terday, and thisis the first time it has been taken to enter into any discussion of this subject, and up for the action of the convention upon it. shall, therefore, say nothingfarther on this mat- Mr. HALL. I am willing to meet a fair and ter. reasonable hostility, but I do not want too many Mr. ITARRIS. I feel under the necessity of editions ofthe same kind. We have had this saying, in explanation of the vote I shall prob- once, and I think that is enough. ably give, that while in my signature to this re- The PRESIDENT. The Chair will read his port of the committee, I have stated that I sign- reasons for entertaining this amendment. The ed it "as a compromise," and, therefore, inti- Chair would call the attention of the convention mated that it was not exactly what I desired, to chapter XIV of Cushing's Manual, sections still 1 shall vote to sustain it. I am not entire- 250, 251, 252 and 253; which read as follows ly sstisfied with it. But I have investigated It is a principle of parliamentary law, up ~..... ~~~~~~~" It is a princip~le of parliamentary law, up this subject more than any other qu s i n here, on which many ofthe rules and proceedings pre and I am convinced that a majority of this con- viouny stated are founded, that wJe a question ,>,..,.. n ~VislOly stated are founded,l that when a aquestion vention are in favor of a boardl of education of vention are in favor of a board of education of has been once put to a deliberative assembly, and some kind, and the great probability is, from decided, whether in the affirmative or negative, T 1 S. 1., r r.. ~decided, whether in the affirmativev or negative, -what I have been able to learn, that a majority that decision is the judgment of the assembly, >.. X ~~~~~~~~that decision is the judgment of the assembly, of the convention are in favor of a board of edu-'v and cannot be' agfain broughth into question. cation, as provided for here. I would have pre- ferred, myself, to have left the details to be set- "This principle holds equally, although the tIed bv the legislature. Butit having been question proposed is not the identical question which has already bl".en decided, but only its urgeed upon me t that there was a necessity for which has already b-en decided, but only its some compromise in order to produce some ar- equivalent; as, for example, where the negative mony of action here, and as the labors of the of one question amounts to the affirmative ofthe (convention were drawing to a close, and we other, and leaves no other alternative. The queswere upon the eve of adjournment, I was inclin- tions are the equivalents of one another, and a ed to give up my preferences, and go for this decision of the one necessarily concludes the report. I shall, therefore, vote to sustain it. other. The question recurred upon the substitute. "A common application of the rule as to Upon this question- equivalent questions occurs in the case of an amendment proposed by striking out words; in Mr. CLARKE, of Johnson, called for the yeas which it is the invariable practice to consider and nays, and they were accordingly ordered. the negative of striking out as equivalent to the The question being then taken by yeas and affirmative of agreeing; so that to put a quesnays, the substitute was not agreed to. Yeas tion on agreeing, after a question on striking 12, nays 21, as follows: out is negatived, would be, in effect, to put the Yeas.-The President, M[essrs. Bunker, Clark same question twice over. of Alamakee, Clarke of Henry, Clarke of John- "The principle above stated does not apply so son, Gower, Gray, Scott, Traer, Wilson, Win- as to prevent putting the same question in the chester and Young.. different stages of any proceeding, as, for exam 937 Tue.oday] HALL-HARRIS-CLARliE, of J.-TRAER. [March 3d i i i i i I I i I t BOARD OF EDUCATION. CLARKE, of J.-TRAER-SCOTT —MARYIN. [lMareh 3d pie, in legislative bodies, the different stages of a bill; so, in considering reports of committees, questions already taken and decided, before the subj ect was referred, may be again proposed; and, in like manner, orders of the assembly, and instructions, or references to committees, may be discharged or rescinded." The question was stated to be upon the motion to strike out and insert. Mr. CLARKE, of Johnson. I move a division of the question, so that it may be taken first upon striking out. I am in favor of striking out the words'" twenty-five," but I desire to insert a higher number. The session of the Board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two thirds of the Board, the Governor may order a special session." No amendment being offered to this section The question being taken upon dividing the motion to strike out and insert, it was not agreed to. Section six was read as follows: " The Board of Education shall appoint a Secretary, who shall be the executive officer of the Board, and perform such duties as may be imposed upon him by the Board, and the laws of the State. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the General Assembly." No amendment being offered to this section The question recurred upon the motion to strike out the words "twenty-five," and insert 'twenty-one." Upon this question — Mr. TRAER called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the motion to strike out and insert was not agreed to; yeas 8, nays 24, as follows: Yeas-Messrs. Clark of Alamakee, Clarke of Henry, Peters, Scott, Seely, Solomon, Traer and Wilson. Nays-The President, Messrs. Ayres, Bunker, Clarke of Johnson, Day, Edwards, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Marvin, Palmer, Parvin, Patterson, Price, Robinson, Skiff, Todhunter, Warren, Winchester and Young. No further amendment being offered to this section "All rules and regulations made by the Board shall be pub lis he d and distributed to the several counties, townships, and school districts, as may be provide d for by th e Boar d, a nd whe n so pas se d, published, and distributed, they shall have the f orce and effect of law." Mr. SCOTT. I move to stri ke o ut the words "as may be providedforby the board." I would have the law compel the board to distribute their rules and regulations to the school districts. If they ar e left to d o as t hey please, the y may be negligent, and distribute their rules to counties only, and enforce those thus distributed upon the districts. I want to have it obligatory upon them to distribute to each distarict their rules and regulations, and then, after their distribution, it would be no more than proper that the districts should be holden bound by them. But if we leave it distinctly to them to distribute them as they see fit, it will be giving them too much discretion. I, therefore, move to strike out the words "as may be provided for by the board." Mr. MARVIN. I think the gentleman from Clayton [Mr. Scott,] is mistaken in the construction he puts upon the words "as may be pro vided for b^ the board." I think they refer to the rules and regulations, and not the publishing and distributing of them. ~ The question being taken upon the amendment, it was not agreed to. No further amendment being offered to this section Section three was then read as follows: "One member of said Board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this Constitution, the Board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the Board shall be chosen every two years thereafter." No amendment being offered to this section Section four was then read as follows: " The first session of the Board of Education shall be held at the Seat of Government, on the first Monday of December, after their election; after which the Board may fix the time and place of meeting. No regular session of the Board shall be held during the time the General Assembly may be in session." 938 -z' [37th Day. ff Tuesday] No amendment being, offered to this section Section five was then read as follows: Sec?,etary of the Board. I I I Rules and Requlaiio?z,3 of the Board. i I I Section seven was then read as follows: II I Terms and Classification of Members. i I k Ses,?io?zs of the Board. POWERS OF THE BOARD, &C. Tuesday] CLARKE,of II. [larch 3(1 amended or repealed, they shall not be reenacted by the board of education. "Sec. 10. The board shall not hare power to levy taxes, or make appropriations of money. The contingent expenses shall be provided for by the general assembly." I move the following as a substitute for the foregoing sections: "The powers, duties and compensation of the board shall be such as shall be prescribed by law. " Section eight was then read as follows: " The Board of Education shall have full power and authority to legislate and make all needful rules and regulations in relation to Common Schools, and other institutions of learning, that are instituted, to receive aid from the School or University fund of this State; Provided, that all acts, rules, and regulations of said Board may be altered, amended, or repealed by the General Assembly; and when so altered, amended, or repealed, they shall not be re-enacted by the Board of Education." No amendment being offered to this section As I have before intimated, I have objections to this article as reported by the committee. The object of a constitutional provision is to give stability and permanency, to settle the principles upon which the legislature, the courts, and other tribunals, in fact, all the machinery of the state, shall act. If we have an object in view at all, in going through all this mass of legislation in the constitution, it is to fix and establish a permanent and efficient school system. And no gentleman can get up here and offer any other good reason why this article should be incorporated into the constitution. Section nine was then read as follows: "1The Governor of the State shall be, ex ojicio, a member of said Board." No amendment being offered to this section — I say the object claimed is to give permanency and efficiency to our school system. And yet, as if conscious of the imperfections that are all through the article reported here, as if conscious of the temerity of the attempt at this time to provide for this state a school system, gentlemen come in here with this report, and present us with a sort of salvo, a something that we can fall back upon, and say that although the system provided here may work evil, there is a remedy for that evil in the final action of the legis lature, and that after the year 1865 the general assembly may abolish this whole system and set some other machinery in motion. In that way gentlemen destroy the only argument they have brought forward here why we should incorporate this article into the constitution; they thus take from it that constitutional stability they say is so desirable; they make it entirely dependent upon the legislature, as to whether it shall continue after the year 1865. They have done nothing more here than our last general assembly would have done, if they had passed the school bill as drawn us by Mr. Mann and the other school commissioners. What I object to is that, with so little time as we have left us, we should undertake to mature this system in all its details. We are assuming too much in attempting to fix this matter by constitutional provisions, in attempting to forestall the legislature and create here a board to which we are to give legislative powers, and proceeding to prescribe their duties and compensation; thus taking away from the general assembly the duties they should properly perform. What do gentlemen propose to do? They come in here, and while all the people of the State are suffering the evil consequences of the recent action of the school officer of this State, while public opinion is excited against that Mr. CLARKE, of Henry. I desire to offer a substitute for sections five, six, seven, eight and ten. Those sections read as follows: "Sec. 5. The session of the board shall be limited to twenty d ays, an d but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the board, the Governor may order a special session. " Sec. 6. The board of education shall appoint a secretary; who shall be the executive officer of the board, and perform such duties as may be imposed upon him by the board, and the laws of the state. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the general assembly. " Sec. 7. All rul es and regulations made by the board shall be published and distributed to the several counties, townships, and school districts, as may be provided for by the board, and when so passed, published and distributed, they shall have the force and effect of law. " Sec. 8. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other institutions of learning, that are instituted, to receive aid from the school or university fund of this state; Provided, that all acts, rules and regulations of said board may be altered, amended, or repealed by the general assembly; and when so altered, 37th Day.Ij 939 I i I Tuesday] CLARKE, of I-1. [March 3d' Powers of the Board. The Governor a JIember of t7te Board. Rai,siiig and Approvriating Jfoney. Section ten was read as follows: 11 The board shall not have power to levy taxes or make appropriations of money. The contingent exppnses shall be provided for by the general assembly." i i II II i i I I II Power,3 of the Board. POWERS OF THIE BOARD. * Tuesday] CLARKE, of II. LJ'ia'rch 3d officer, who was created by the former constitution of this State, they seize hold of this desire to rectify the evil he has done, and they go to the other extreme. These gentlemen remind me of a fable recorded by Esop, from which I think they might draw wisdom. The story is told of a fox upon whom a swarm of flies had settled, and were sucking his lite-blood from him. A friendly swallow came up to him, and offered his assistance to drive away the flies. " No," says the fox, "let them alone, I pray you; for if you drive these away, who have now filled themselves, I shall be attacked by a more hungry swarm, and my sufferings will but be increased." Now I beg gentlemen to think of this matter. In their anxiety to get rid of this one leech, they are endeavoring to fasten upon this State a dozen other leeches. They provide for a board of twelve members, who are to meet in solemn conclave, and hold annual sessions of twenty days, and be allowed per diem and mileage, some of them to be elected away up in the far district represented by the gentleman from Alamakee, [Mr. Clark,] and perhaps computing their mileage away round by Chicago; others to be elected from Sioux City, and other distant portions of the State. These men are to come here, to do what? What will they have to occupy their time for twenty days in every year? Have we experienced the necessity of such a body heretofore? Have the people complained that they had not a body of twelve wise-acres; to meet together and say where they might establish an academy, a polytechnic school, or a teachers' institute? Have they felt the necessity for this sub-legislature, to say where and how their school fund should be appropriated. I have heard no such complaints. occupy those positions, which, according to his arguments, are inferior to t hese? Does he expect that he will be able to get men who will, out of mere love for this school system, take these offices upon themselves, and come here and legislate upon school mat te rs f or us for nothing? Oh, no; the gentleman has prepared a prov ision here in w hi ch he say s t he y shall have no more compensation th an legislatorsordin a ry le gislators, members of a n inferior legislature, who meet toget he r mer ely to legis late upon our pecuniary interests. Men who are to legislate upon these importan interests, which he says are the hi ghest interests of the state, the intellectual and moral interests of the state, are to be put upon th e sa me footin g with the inferior legislators who pas s laws up on pro per ty, &c. They are all to be put upon the same foo ting. For how long? For twenty datys. What are they to do? They are to have their d uties to per form. They are to fix up a school system, and are to prescribe their duties for themselves. They may be, perha ps, su perinte ndent s ofschools in their respective districts. They will have their other business to perfor m, for the y will not come here to act in this sub-legislatuire, unless they are otherwise connecte d w ith t he educational interests of the state. And I te l l the gentleman he cannot expect to get men to do all this without paying them fifteen hundred or two thousand dollars a year for their services. Gentlemen may undertake to show you that the expenses of the sessions of the Board, at three dollars each, for twenty days, would be only sixty dollars for each member, and that the mileage allowed will not be a very large sum. But I tell you that there will be other expenses. Look at the provisions that are made here. This Board, upon a recommendation of two thirds of their number, can have special sessions. I ask gentlemen, when this Board shall assemble, if they will not be likely to get into some such dispute as we have had here in regard to this question, and the time of twenty days having expired, two thirds of the members will then petition the Governor, who is present at their session, for an -extra session. Extra sessions are very likely to be called, for there is no limit in this respect. The Board have it within their own power to call them, if they desire to do so. But the gentleman says that the next legisla ture which meets after the session of this Board, can repeal any of their acts. What subjects are this Board of' Education to have under their supervision and control? The chairman of the committee on education and school lands [Mr. Marvin], in his report, tells you,that this Board shall have the power to discuss all matters per taining to the common school system-more especially its organization- what branches shall be taught in the different schools;* what fa cili ties shall be afforded for the education and in struction of teachers; what compensation they shall receive; what text-books shall be used by the common schools, &c. They are, in fact, to supervise and provide for all matters that up Tha t there was some reform necessary in our school system; that there was some necessity that we should have something more efficient, and that we could place some dependence upon, than our school superintendent, that old exploded idea, I have heard. But that we should have a legislature to act upon school matters, to take that as their particular province-I never have heard that, and I do not believe the people want it. This board must be paid. Let me ask the gentleman from Des Moines, [Mr. Hall,] if he remembers the argument he used here inregard to the judiciary? Does he recollect how eloquently he explained to us the absolute necessity of paying men well in order to get them to serve the people; that if we wanted to get men qualified for the position, we must pay them high salaries? And has he not as eloquently told us that the educational interests of the state involved the highest and dearest interests of the people, and that it was the most important branch of the government? And will that gentleman get up here and say that men, fitted to be members of this board, to legislate upon the educational interests of the state, are men who should have less salaries than those who are to [37th Day. 940 [illarch 3d I . Tuesday] CLARKE, of 1-1. i i i i i i i i POWERS OF THE BOARD. [March 3d ling to stand up against that majority and oppose the system which they are attempting to incorporate into the constitution of this state. I can see no possible good to grow out of this system, for it confers upon the board of education legislative authority in every respect, except that in connection with the school funds, and yet at the same time it retains in the hands of the legislature the power to repeal, alter, or amend the acts passed by the board. i rigttmkecnrcsudrtoelwfo rI~ wyae eso ftelgsaue As has been suggested by the gentleman from Henry [Mr. Clarke], it is but making this board a legislative committee. This board may meet together, as is provid d here, on the first Monday in December. They may pass a code'of laws, distribute these laws throughout the state, and the general assembly at its next session may repeal one-half or two-thirds of all these laws, or they may repeal them all, before the people have had an opportunity of testing them, and determining whether there is anything good in them. Once repealed, altered, or amended, despite whatever good may have been discovered in them, this board of education will have no power to re-enact those laws, neither will the legislature, because you confer upon the board the power to make all rules and regulations for the government of our schools. This power is taken away from the legislature and given to this board. The legislature cannot take upon themselves the power of enacting laws, and enforcing regulations, in relation to schools. They have to wait until this board has acted, and after they have acted, they can only charge or repeal the rules and regulations which they have made. It seems to me that this is going a little too far. There is another thing to which I wish to call the attention ofthe convention at this time, although it is not connected directly with the proposition submitted by the gentleman from Henry, [Mr. Clarke.] The article reported by the committee provides " That at any time after me year 1865, the general assembly, two-thirds of each branch concurring, shall have power to supersede:or re-organize said board of education, and provide for the educational interests of the state in any other manner that to them shall seemn best and proper." mg, ndsay~o that mthey. alon shal meet anoavr n propr.jurisdiction in that matter. It is a sort of com- If we adopt the plan now under consideration, mittee of your ordinary legislature that you are I eaoth lnnwudrcnlealn mittee of your ordinary legislature that you are we provide, in the first place, that the board of creating, a committee of the legislature acting education shall be composed of twelve in numunder it, with the right of the legislature to her, distributed throughout the state and electrepeal their acts, but still their acts may be ber, distributed the peroughout the state andto be entrusted laws. They will be statute laws to the people, wied th legislative powTheyr, andre to receive entrusted until the legislature shall meet and repeal them. ith legislative power, and to receive the same Mr. HALL. caldfrtcompensation as that paid to members of the r. HALL called for the previous motion. general assembly, and they are to receive mile Mr. WILSON. I shall oppose this system at I age also. Atany time after 1865, the general every step. I believe it to be wrong in princi- assembly may, by this provision which I have ple, and I believe it will conflict with the best I read, abolish this board. But here are eleven interests of the school system of this state. And men in eleven judicial districts of the state, one although it may have a majority, yet I am wil- man in each district, all leading and influential 119 I I 37th Day.] ,' Tuesday] 941 CLARKE, of HI.-IIALL —WILSON. POWERS OF TIlE BOARD. Tusa]WLO-ILL-~tF fJ-~1R-' VN iir i3 men, who can bring their influence to bear upon the legislature, and thereby control at least one thirdl of that body, so as to defeat any measure introduced to abtolish!he board, and in this way this board of education can impose themselves upon the people of the state for all time to come. This board will have the power in their hands to retain their places until the people can amend their constitution again. I am opposed, there fore, for this reason, to the system here proposed. We have provided a simple method for amendmnents to the constitution in other respects; but wve fi,id in connection with one of the dearest and most sacred rights of the people, that this article proposes a method by which we cannot get an amendment in this respect. I hope that this convention will look at this matter carefullv, and scrutinize it well, before they take a step which may seriously affect one of the most importatnt interests of the state. We have been referred, by the gentleman who appears upon this flour as the principal advocite of this measure, to Mlr. Mantn's school bill, re)portedl to the last legislature. The gentleman said, ha.t can we expect of a set of nienr who would reject a bill drawn by Mr. Matin? And yet we see that very gentleman who is finding iault with the last legislature for refusing to atlt)It rt. Mlann's bill-bringing in a proposi ionll that is in direct opposition to that bill-a proposition that is more cumbrous, more complicated, and that wilt be more expensive, and which is open to all the objections that can be urged against that bill. I think, too, there are but very few good provisions enmbodied in it. If we differ here in this respect, what may we not expect from a board of education? May they not also get up some third scheme, and then wait the tardy action of the legislature, which, the gentlemi n says here, has not in the whole history of this state, spent thirty hours in legislation upon school matters? There are questions connected with this system that demand a thorough investigationat the hanlds of the convention; and we ought to take time for a full discussion of them, and not rush this scheme through under the operation of the previous question. I am determined that my pro(test shall go upon the records of the convention against this scheme. I am willing to try a board of education, under some stch proposition as that suggested by the gentleman fi'om Henry, [Mr. Clarke.] Let the legislature have the contiol of this board, and let them abolish it at any time if it does not work well. I desire to establish a system that will protect the interests of our schools, and which will not be too (cumbrous, and deprive the people of any remedy that may be required. I hope, therefore, that the previoU s q uestio n will got b e s ustained, and that this matter will be thoroughly investigated. Sir. HALL. We have all heard these same speeches time and again. I do not rise for the purpose of discussing this matter any further. I wishl, for the benefit of the gentleman from, Henry, [hIr. Clarke,] to i llustrate his position by ani incident that is related of a man by the name of Ketchum, who lived at Fort Madison, and was a man of some character and standing. He wvas a skeptic in religious matters, and did not believ i he i the Bible. Some one who had a great curios ity to know the reason fo r his skep ticism, inquired of him why he d id not believe in the Bible; and Ketchum re plied, "becaus e I did not have a hand ir, the making of it." Th e opposition of the gentlem an f rom Henry, [Mr. Clarke,] to this measure, can be accounte d for, I apprehend, up on thesamegrond. (L.atiughter.) The gentleman from Jeffers on, [ilr. Wilson,] does not have any confidence in anybody. H-1e is more skeptical even than old Ketchum. He believes that this board of education will all be great rascals. This course of argument, that sets out that all of this board will get to quarreling, and that every one of them will be dishonest, may be a pretty strong argument with some; but it will have no weight with men who have different disposi ions., I now call for the previous question. Mr. CLARKE, of Johnson. If it be the intention of the majority to gag us upon so important a question as this, I shall call the yeas and nays. The yeas and nays were accordingly ordered. The question was then taken, by yeas and nays, upon ordering the main question to be now put, and it was not agreed to; yeas 16, nays 18, as follows: Yeas-The President, Messrs. Day, Gibson, Gillaspy, Hall, HIarris, Johnston, Palmer, Patterson, Price, Robinson, Skiff, Solomon, Todhunter, Warren and Winchester. N,,ys-Messrs. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johrnson, Edwards, Emerson, Gower, Giay, Hollingsworth, Marvin, Parvin Peters, Scott, Seely, Traer,Wilson and Young. The question recurred upon the amendment of Sir. Clarke of Henry. Mr. PETERS. I wish to say in explanation of mv vote againwt sustainif g the previous quiestion, that I desire to have this matter fully and fairly discussed. I have voted against the previous question at all times. I believe it is a rule which should never be introduced into a deliberative bodly for the purpose of giving the majority the right to gag the minority. Stir. PARVIN. I have not been so much at a loss to know how to votz upon any question that has engaged the attention of the convention, as upon this. I have no do,ubt that every person upon this floor feels anxious to adopt such a system as will best promote the interests of the rising generation. This is the only mlotive, I presumne, that will influence. any person here, and not because he did or did Lot originate a bill or present a proposition upon this subject. Since the gentleman from Des Moines [Mr. Hall] first introduced his proposition —and he U37th P,,tl 942 WILSON-IIALL-.CLA,RKE, of J.-PETERS-PARVI.N. L31arciiL 3d Tuesday] i I il POWERS OF THE BOARD. Tuesday] PARVIN-EDWARDS. [March 3d is certainly entitled to great credit for the man- - capable and qualified to pass upon these school ner itt which he presented it, and the ability matters, certainly a board comnposed of only the with which he advocated it, showing as it did the number of persons which is proposed here, most conclusively that he had bestowed great having this on: subject alone to engross their labor upon this subject-I have been almost minds and attention, would be better qualliied persuaded to adopt his new-fangled scheme for to act upon the subject of education; and especreating a legislature for the express purpose of cially when we take into consideration that it is legislating upon this subject of schools. I say not to be mixed up with any log rolling or politI have been almost persuaded to adopt it; but ical schemes. after considerable reflection upon the subject, I I am satisfied that if this proposition be a(dupthave now come to quite a dfferent conclusion. ed, and goes forth to the people the people in I think I can see great difficulties arising from every judicial district wil elect their rr)st crour leaving this whole subject of the educational petent men, such men as will, when they meet itnterests of the State in the hands of such a together, with bit oneobjectinview, be enabled Board; more difficulties than, I think, will arise to pr(i)luce.a plan of government for the cotimiu,n from leaving it with the General Assenibly. schools, that will tend to advance the best in I voted against the substitution of the minor- terests of the people and of the State at li,rge, ity for the majotity rep(rt, thinking that we and redound to the glory and ren wn of the could sconer amend the majority report than State. I venture farther to say, that if this take up and dispose of the minotity report. system goes into operation, there will be no rule, The amendment now before the convention is or regulation, oract, or whatever you are pleased simply to strike out all that relates to the legis- to term it, that the board may pass, with which lative functions of this Board of Education, and the general assembly would take the responsijust say that its powers, duties and compensa- bility of interfering. True, when the svstem tioi shall be provided for by the General As- goes into practical operation, it may become obsembly. As at present inclined, I think I shall noxious to the popular sentiment of the State vote or tI,is amendment, knowing that we nave but if so, the legislature have the power of reprecedents set us in other States, where it is pealing the whole system. But I will venture to said such a pla n has been fiund to work well. say that, so far as any rules of action or laws Although I yet hesitate. and fo wr that I am which they may pass, are concerned, tie general acting wrong, yet I intend to vote for the assembly will never take the responsibility of amenclrdment, believing in my own mind that it is interfering with them. If we can trust the genthe best and safest course we can pursue. eral assembly upon this as upon other questions, MIr. EDWARDS. After hearing the various why, I ask you, may not this board, elected and ) speeches that have been made upon the various controlled by the people, be just as honest and propositions presented here, I shall content my as capable of discharging the duties that ir ,elt upon this occasion with a very few remarks. assigned thfm, especially when they have the I htve been quite an impartial looker-on, and I council and advice of the governor of the state? can truly say, with other gentlemen, that my If the anmendment of the gentleman from I-lenry n not filly made up upn this qutiolbe adopte(d, it renders this whole system a farce, mind( is; not'fully made up upon thirs question. Aiter a careful itivestigaation of the virioius anti dt striys ts most vital principle. I, for (te, here, ad ifter wil then be prepared to vote against the whole schb,m.:'s that have been proposed here, and f tert a full interchange of opiniion in the committee thio andt the coriventi,,n, I believe that Lthe IPrit, osiatfid the conventi —n, I believe that the pr,iposi- I am pleased to hear the expressions of opintioti now beft,re the convention is about as good ion upon this suhjett, which have fallen fiorn the ,s we can obtain. I believe if the amendment lips of various gentlemen here; and if any pro boffere by the gentle man from Henryl, [alr. position, which is presented here, does not tend Clarke,] shittld prevail, it would inflict a deash- to act as at rider, to defeat the main features of bliow Epon this proposition, and, therefore, I am this systetm, fir the sake of compromise and prelpa;red to vote against it. conciliation, I would be willing to go for it; but If this proposition possesses any merits atall, if a proposition, so startling as that prseited bv the gentlemnl,t fi'om Hlelllrv, [MNr. Clairke.] it is on atccount of that muain feature which te gentl an fo He, [r. Clarke] s.hould be altopted here, a propoosition whvicht- -Is gives the board legislative potwer, uncontrol led here, a prposition ic nd ninfluence I by the political machinations calculated to destroy the niost vital prit ciple and uniniloence i~~~~f the system which 1 favor, then I atm prepared of the general assembly. I know that in legis- f the sst which favor, then I am prepared lation it is the most difficult thing in the wot-ld to abandon t to bring men to favor a new measu-re, unless I was opposed to the proposition of the genthey have soine experience of the past, or some tleman front Des Mloines, [Mr. Hall,] fior malny precedent to gover i t,em itn their v)te. It is days. But haiving listened carefully and tittenwell that this difficulty should surround a new tively to the opinions of gentlemen u'ion the question, when it is presented, and that legisla- various propositions that have been presetited, I tors should exercise this caution, behfre assum- am now prepared to vote for it. If it be entitled ing the respittisibility of endorsing any new pro- to any merit, the credit of it will be certaitly ject. It appears to me, that if a general as- due to the ability andi the zeal which the!zensembly, composed of eighty members of the tiemack fioom Des Moines has dispila3ed inl its lower house, and thirty-six in the senate, are advocacy here. I believe it is the best p'oposi i 3 1-th Day] 943 i [Itlarcli, 3d Tuesday] PARVIN-EDWARDS. i i i i POWERS OF THE BOARD. iusdy IIa —CT-BN~-LRE ifJ ~ aei the most untiring exertions to promote the cause of education. If the system now proposed here be adopted, I am confident is will lead to good results, for the people will be aroused upon the subject, and the whole subject will be thoroughly discussed; and when once this state of feeling is excited in the community, no fears need be entertained of the consequences that will follow. The people desire some change in the present system, and are eagerly grasping for it. I need not portray to you, in all its ugly features, the system of school education that now exists in this state. It needs no language of mine to present it before you in all its worstphases, for you are all fa.mi liar with them, and are consequently impressed with the great necessity that exists for a change. I believe the system now presente d by t he gen tlenaman fr om Des Moines [Mr. STall] is the best one tha t has yet been presented here. I feel willing to support this system and give it a fair trial; an(,] if it does not worlk well, it certairlv cannot make our system any worse than it is now. I hope gentlemen wil.h tsaike this view of the proposition, and be prepared to gi ve their votes for it. Mr. BUNtKER. I wish to ask the gentleman o ne question. Does he propos e to do evil that good may come? Mr. SCOTT. In answer to the gentleman, I would say that I propose to take one step for ward, let it be in the dark or in the light. When I am standing in a slippery place, ready to fall, I will step forward, and trust to a kind provi dence for a better footing. Mr. CLARKE, of Johnson.'~ The proposition of the gentleman from Henry [Illr Clarke] seems to embody more nearly my views than the proposition of the comnmittee; and I cannot let the occasion pass without giving my views briefly in opposition to this report. I might say, as other gentlemen have said upon this floor, that while I feel a great interest in the subject of education, and while I desire that sometl)hrig should be done here, which will secure a more perfect system than we now have, yet I feel, in common with othttr members, my inability and my want of experience in relation to this subject. But the great objection which I have to this proposition of the committee is admitted by the gentlemen themselves who favor it. They frank 1y confess that it is an experiment. I ask the convention then, why try an experiment in the constitution of the State? Why place in the constitution a system which gentlemen themselves say may fail, and for the failure of which they have themselves imade provision'? Allow me to ask them, whether the people sent us here for any such purpose, and any such object? It does seem to me thaft the people hald no such purpose in view; that they had no such thing in contemplation, and that our duty here is to erect anal frame a governmernt that will best seeure the individual rights of the people. If I were sitting ill the General Assembly of this tion which we can now adopt; and I confidently believe, also, that if it be adopted and if it sh ould go into practical operation, it will pro mote the best interests of the children of the Sta te, and red ound to the future glor y of this, our young but growing State. Sir. HARRIS. I have but a remark or two to malke in regard to this matter. Lik e m any other g en tlemen here, I was in great doubt how to shape my action upo n i e stin this question At the comme ncemen t of this discussion, the proposi tion of t h e gentlem an f rom D e oes Moines [r. Hall] did not meet my entir e approbation. The propo sitio n, as now modified, has re moved in a grea t m easure the objection s which I, in com mon with others, entertained to it. I am willing to give this system, hither to untried in this state, a tria, pr o vided we have the privilege of alter ing it, as I think we have. The feel ing of the convention has been de mon strated, in an unmistakable manner, that they were in favor of some change. Evidence enough has been presented to the canveDtion, that there was a necessit y for doing something in regard t o our school system, and providing for a more efficient tman ag ement of th e s c hool af fairs of t hi e state. I th ink, under thae circum stances, that it is u n wi se to interpose these ob jections here, when the mind of the convention seems to have settled up on the main fea tures of the system. cIr. SCOTT. Before th is q uestion is final y acted upon, I would like to give my views upon it, w hich I will do in a very few minutes. 1 probably feel as much interest in the improve rnent of the common schools of th is state as any i ndividual here. Notwithstanding my extreme youth, I can s afely say, that I have passed as many hours in the school room, and devoted as much t ime and attention to that department, as any other member upo n this floor. I hav e, fr om the very f irst, and until recently, been oppo sed to this whol e sch e me of the gen tleman from Des Moines [fur. Hall]. It was a novel scheme to me, and I could not see any good that would grow out of it. I entertained serious fears that, if adopted, it might work mischief. But more recently 1 have come to the conclusion that, no twithstanding it is an untried experiment, and notwithstanding it may be fraught with disastrous consequences, it is better for me to support it than to let our present system remain as it is. I believe we are all fully convinced that the present system of common schools in this state is a ruinous one, and that it is greatly behind the growth and n'itural progress of our state; that it needs elevating and building up. We need a change that will make a revolution in the present state of things, and call public attention to the'present condition of our schools. A lethargy seems to pervade the public mlind upon this most vital of all subjects, a subject which should arouse every lover of his kind, who desires the future welfare of the state, to l [37th Day. 944 (March 3d Tuesdayl IIARRIS-SCOTT-BUNKER-CLARKE, of J. I I y i i I POWERS OF THE BOARD. CLARKE, of J.-IIARRIS. State, and were called upon to act upon this question of common schools, and this proposition of the gentleman from Des 3loines [Mr. Hall,] were presented to me for my action, I should then think more favorably of it. The objections I ha e to it would not be so forcible then, for, if the system did fail, the ensuing legislature could repeal the law, and provide something else. I am inclined to the opini:.n, which the gentle man from Henrv [MNr. Clarke,] has expressed, that the incorporation of these details into the fundamental law of the State is utterly incon sistent with the objects and purposes of a con stitution. It is beyond it, and outside of it; by the incorporation of these details we endanger, in my judgment, the constitution itself. There are other features in this report which w ill be not only invalid in themeelves bu t which a re unjust to the people, and which cannot fail to meet their conldemnattion. My first objection to it is the manner in which thlis board is consti tuted. It seems to be the tendency of this con veition to change the whole representative spirit of our governmenlt. We have already adopted, I as the basis of representation for the House of Representatives, a system that is entirely new, i and by which the preponderance in the House of Pi Representatives is to be taken from the mass of the popul-tion, and given into the hands of the \ninority. This plan of the committee proposes the same thing. It does not propose that this board shall be elected according, to population, and that the people shall be fairly -and equitably I represented in this board; but it proposes that they shall be elected by judicial districts, with out regard to population, and representation. J The reply the friends of the proposition lake to ' this obje tion is, th t this board will have noth ing to (lo with the handling of the funds of the institution. That is true; but upon this subject ? of educ ation there i s someth ing dearer to th e people train the mere handling of the funds. There is another thing, which it may not be very popular to name here, but which is never theless true, that you find the most intelligence where the bulk of the population is; and just in proportion as you remove from the mass of the people in the selection of this board of educa tion, just in that proportion do you remove the selection of these officers from the intelligence of the State. That is my first main objection to this prop osition. Another objection I have to the report now presented by this special committee is, that it completely destroys and does away with all the arguments in favor of the proposition as it was origin ally submitted by the gentleman from Des Moinues, [MIr. Hall.] What was his great ar, gi-uient il favor of his system? It was that it would give inldepenedence, stability, and charac ter to the school system; and for that purpose, ancl with that view, he was opposed to giving the General Assembly any powerl and control over this board. His argumlnent upon that subject, to my mind, was powerful, and it did more to reconcile mne to the original proposition th an anything else that was s aid by him or any o ther gentleman. I find that in this special report all this idea of stability, independence and character is gone; not ouly because the general assembly may re p eal e ver y law and e very rule whi ch this boar d may pass, but because there are plac e d over this board two officers wh,, till make its members mere automatons. In the first place, the lieu tenant governor is to be the presiding officer of this board. a nd he is to give the casting vote. In the next place, the governor is to be ex oncio a member of the board. I will say, withoutre fleeting upo n n p on an ybod y, upon any go vernor we ever htd, or upon the present governo r, th at the tendency of nten's minds is to fancy that wlhetn a man is governor h e mu st necessarily know everything; and this boar d will be likely to sut) mit t t the opillion s and suji aestiorns o f me re per sons in office, rather than lo ok themselves at what will be best and proper for the people. The ninth s ection of this report provi des that "the gove rnor sha ll be ex officio a nmember of this board." It does, not say whether he i s to have a m vote or not, or w het her his suggest ions are to bede made in writing or not. You constitute hirm a member of the board, to be pre sent continualmv at their meetings, to dictate his opinions to the m, and to e xer t his influence for thepp w ir adopti,-n; and yet lie himself is never placed upon the record. The effect of these provision s, in my opinion, is simply this: t omake this boa rd a mere au tomaton of the official ss of the state, these men who are electe d b y a prt iza n vote, and for partizan purposes. This ought not to be, and if my vote will effect anything it will not be. Mr. HARRIS. Does the objection to which the gentleman alludes, apply to the lieutenant governor? Mr. CLARKE, of Johnson. It is applied to both the lieutenant governoraand governor. Tbe lieutenant governor is to be the presiding officer of this board, and he is to vote ia certain contingencies. I have another objection t,this system, which I will briefly state here.. Much fault has been found here with the want of attention which the general assembly has given to this subject within the last few years, and of their utter failure to devise a system, which would promote the educational interests of the state. I apprehend that the difficulty in devising and perfecting an educational system for this state, is to be in the fact that it was a, difficult subject to manage. The fact that we have not had a better system has perhaps been for our good; for I undertake to say th-at, if eleven mer- out of the general assembly had been selected, to whom this whole subject had been corifi.led, as it is proposed to be to this board, the people would have complained more grievoulsly of the system which they would have devised than they now do of the present system. I take this broad grounds that the educational interests of this state are too extensive, combine too many interests, to i 37th Day.] 945 Tuer,day] [March 3d POWERS OF TIIE BOARD. CLARKE, of J. —HIIALL. justify us in committing them to the hands of eleven men, with two men to oversee them, and to dictate to them what th(y shall do. I think it is far preferable to leave this matter in the hands of the people themselves, and let them act through their general assembly. As an evidence that the gentlemen who are in favor of this system doubt its utility, I cite the fact, that they provide that after 1865 it may be abolished entirely. Suppose it goes into ope ration with eleven directors, and two overseers; and suppose they have printed rules upon rules, end regulations upon regulations, and they are all to be abolished in 1865. I wish to know if the republican partyof this convention are wil ling to take the responsibility of establishing this system? I ask them, notwithstanding all this outcry that has been ma(ie here, about making too great expenses for the state, in tue increase of salaries and the creation of new of fices, to look at the number of officers they will create by the adoption of this system. WVe have already made eleven district prosecuting attor neys, and a lieutenant governor, in addition to this board of education; and we have not cut off any officer with the single exception of three district judges. I know that members of the conventi'n are laboring under the idea that we have abolished the office of county prosecuting attorney; but I do not believe it, and I believe that the office will still be found to exist. What will be the expenses of this system? The lieutenant governor is to be paid like a member of the board. The members of the board are to be paid the same compensation that the members of the general assembly receive, while they a re engaged in sessions of the hoard. They are then to be the directors of schools in their districts, or in other words we are making eleven superintendents of public institution, instead of one as we now have. This office of siuperintendent of public instruction has become a very odious one to the people. I do not think that such a system will commend itself to the people. If it is to be the duty of these men to travel over their respective distl'icts, inspect the schools and make reports, for which services they are to be paid, the expei ses of the system will be enormous, such as forone, I am not willing to incur. And yet unless the members of this board are made superintendents, I wish to know what becomes of your supervision of scho.ols, or the knowledge of them, which this board ought to have in order to enab e them to act? For one, in view of the considerations I have presented. I do not feel willing to incur the responsibility of adopting this system. I d+) not think that the people sent us here to take any such r esp onsibility. I hav e been willing t o vote for t e creation of a board of education, not so much because it met the appr obation of may own judgrment, n,at because I had fully examinled it and matured it in my own minid, but because it seemed to meet the generally expressed views of tile convention. But I would leave the power t the general assembly, which im mediately represents the people and their wants, to create th a t b oard, specify its power s, and throw around it those restraints which are necessary to secure the rights of t he peI ws le. If thmt be done, I th ink we will have discha rged our duty. We will then have placed this ystem in the h ends of the people, an d i f it does not work well, they will have the p ower to change and m odify it, unti l they get a system which will secur e the object they h ave in view. Entertaining these views, I cannot vote for tl,e report made by thi s select committee; and I have taken the occasion presented by the pr o - position of the gentleman from Henry, [MNlr. Clarke], to say wh at I have to say upon this subject. If the majority of the convention ate willing to take the responsibility of imposi ng this system upon the people, they have a per- ~ fect right so to do; but I, for one, will not be made a party to it. Mr. HALL. I cannot feel the force of the ob jections which the gentleman from Johnson [Mr., Clarke], and other gentlemen have raised toi this report. I never intimnated, nor did I ever entertain the idea during the whole of this dis- X cussion that this Board of Education should be established independent of the legislature. The first clause ot the article upon the legislative department gives, unequivoc.-lly, and beyond I all doubt, legislative power to the Senate and House of Representatives. It was never de- I signed or intended to place the action of this / Board beyond the reach and control of the legislature, nor could it be done without a com plete change in our civil institutions. The gen-{ tlemnan from Johnson [Mr. Clarke] is mistaken " inl regard to the ordinary features of this report. i The fact that we have this article in the legisla tive d partment, establishing the supreme pow- | er of this government in the legislature, is a sufficie,t answer to all the objections urged by gentlemen in this respect upon this question. What are the peculiar features of this report? We propose to give this Board of Educ.ttion a constitutional existence, independent of the, legislature. They are to have their sphere of/ duties defined by the constitution, an,] they can-/ not te interrupted in the exercise of these du-I ties by the legislature. But whatever they do, and whatever object they attempt to effect, the, system will be under the supervision of the legislative power of the State, as everything else must be, as the mode and manner of the practice of the courts mtist be. The legislatuire cannot change the practice of the courts,"" but they can change the mode and manner in; which that practice shaill be pursued. The whole object of the system here propos,e(] is to;' provide ab,solutely that thi's Board shall hays their meetings and deiibaratiovs, tnd to secure permanency of action. Gentlemen who are so continually repeating the argumlent that we are about to adopt an untried experiment here, neighs be placed ill the same category with the father wh~o should charge 946 [37th Day Tuesday] [March 3d POWERS OF THIE BOARD. Tuesday] IIALL-CLARKE, of II. Liareh j-d his son never to go into the water until he had learned to swim. The gentleman from Johnson [.Mlr. Clarke,] says, that we have a superintendent of public instruction, who has made that office perfectly odious to the people. I do not say whether it is so or not. It is an admitted fact that no one man can discharge the duties of such an office under any circumstances. The office has proved a perfect failure, so far as the capacity of one individual to discharge its duties is concerned. The efforts of the legislature to improve the school system have likewise proved a great failure. Under these circumstances are gentlemen willing to acquiesce in old musty precedents, for fear that if they go one step in advance, they will go wrong? I think if you give permanency to the educational system of the State, establish a character and position for it, that the people will never undertake to control or interfere with it in any way. The funds which are to be used for educational purposes are all in the hands of the State. The board, in their action, will not be governed by any pecuniary interest, and they have but one subject to engage their attention. How then can gentlemen say, that there is danger in this system? The gentleman from Johnson [,Ir. Clarke ] supposes tha t your Gover nor is goin g t o cajole this boa rd, and th at h e is going to b e their m a s ter. He begs the whole question, when he supposes that the people of the different districts of the State will elect, as members of this boar-d, men who will be mere tools for the Governor. I suppose that the people will elect a board composed of quite as competent and able men as the Governor and Lieutenant Governor will be, and who will act according to the honest dictates of their judgments, and wao will be enabled to present a system superior to anything we have ever had in this State, from the fact that they will give their undivided attention to this subject, and this subject alone. by such argument; nor do I b e l ieve it will answer the purposo te of the conve ntion. Mr. C LARKE, of Henry. I oeg leave to say in reply to th e gentleman that h is ar guc ment appear s to be rather an aIgumeIn t ad homane?n, which is the last that s hould be resg t ed to in order to maintain a position. He certainly had no reason for reviewing me in the way that he has. If I know anything abo ut his re port, the main idea of it, and the only idea that the gen tleman has any right to assume to be the originat o r of, or to claim the right of chamrpionship in regard to is thi s boar d of educa tion in the place of superintendent of publi c instruction. The powers or duti es of tha t board, the gentle man has no right to claim the authorship of; and so far as the other is concerned, it is a mat ter which has been suggested here over and over again. It was suggested before the gentleman came here. I had no personal feeling in this matter. I had no objection to it, or to the source from which it came. And I think it was ungenerous in the gentleman to intimate here that I was governed by any other motives than those of conscientiou~s scruples with regard to this, having my own idteas of right and wrong in regard to it. But taking the main idea of this report, which is the board of education, I ask the gentleman when I have opposed that? lHave I not sustained it from the beginning? I think we should create the board by the constitution; but all the provisions with regard to their pow ers and duties, I think we would better leave to the legislature. And a large portion of the i members agreed with me, until led away by the sophisms, as I claim, in the arguments of the gentleman, and the sophisms in his bill. The gentleman attempts to evade the arguments of the gentleman from Johnson, [,Mr. Ciarke,]-and the same idea has been reiterated by myself and the gentleman fi'om Jefferson, [MNr. Wilson, ]-by saying that the legislature which we create is not a legislature superior to the other. That is not the argument. Of course it could make no law controlling the other legislature; but it is a legislature, to all intents and purposes, as much as the other legislature, and they have as great a power, the only difference be:ng that the other legislature could come in after they had made the laws, and amend or repeal them. I say that the position taken by the gentleman from Jefferson is correct, that both of these bodies deriving their powers from the constitution, and the constitution providing that the board shall have jurisdiction over school matters, to make all rules and regulations th-Lt are necessary, the legislature cannot Ibrestall them; it can only act after thenm; but when they have acted, it can either undo what they have done, or amend it. The difficulty, which I shrill only suggest, is in having the legislature toactupon the same subject. Tlie gentleman from Des Moines, [Mr. Hall,] admits this. Then I ask how it will operate? What would be the effect under this government, if we had a general legislature called the general assembly, and then In regard to the matter of increased expense, that gentlemen say will attend the creation of this board, I undertake to say that we have reduced, under the new constitution, the expenses of the State four times as much as will pay the expenses attending the creation of this board. WVe have dispensed with the school commissioners, thirty of them I think, who were officers of school instruction at a considerable expense to the State. And in their place we have placed officers of the State, whose time, so far as it is occupied in legislating upon this subject, relieves the legislature of just so much labor. Gentlemen who complain of the board on the score of economy, should look more carefully into the matter, and they will see that it can be proved mathematically that we save thousands of dollars to the State. It is easy enough to rise here and say that this is to be a bugaboo. It is easy enough to assail its character, to impeach it in advance, to denounce the persons to be elected, to make them the tools of the governor, or whatever you please; but if that is argument, my mind is incapable of being convinced 947 3 7th Day] [Mar,ch 3d Tuesday] HALL-CLARKE of 111. i Lb POWERS OF THILE BOARD. CLARKE, of IE. for every other department or interest of the goverainent a separate legislature 9 What would be the conflict, what the clashing, what the conf'usion? Such a government was never heard of, and never will he heard of, unless the gentlemc-in from Des Mtoines s hall lead off in that direction after getting through with these school matters. gentlemen figure up our printing for t he little t ime o f our session here, the expense of binding, of circulation, an d a ll th e incidental expenses, and they will find that these incidental expenses, for which the legislature are to provi de, for this board will amoun t to something. They will h ave t o organize, a nd hatve their secretary, and a thousand little incidental expenses, which they will have the right to ihncur under this pro visi on of the constitution, and t he g eneral assem bly must foot the bill. Some g entlemen s eem to think that thi e best way is t o get out o f th e dilemsna we are in now, wae icheveh course we take. le are upon slippery ground an d m ust g o so maewhere. They would r ather goo forward than buckwati d. Thiey would rather take a step in the dark than no step at all. This is a an h ll figurative, and hardly applies t o our sit uation. We are here in b road dgtylig,ht. We have a s chool fund. Wlye have to make provisin i the stt on in the constitution for the safe keeping o f that fund, and for using it fr the benefit of the schools of the state. There is no necessity for experimenting at all. The report which Mr. i~nlann was called upon to make,umerely provides f or a board of education in this way:thte o er that the Governor, the Se creta ry of State, the Tre asurer, th e Chancellor of the State University, and the Superintendent of Public Instruction, shall constitute a state board of education, which shall meet annually in the capitol of the state, upon the first Monday in May of each year, and that a majority shall constitutes quorum at any such meeting. That is all the report he makes. Nobody ever heard of such a board of education as we have had proposed here. The gentleman thinks we should have something that will harve efficiency. I tell you, sir, that the one man power has always more executive efficiency than numbers. If that is what gentlemen want, why not clothe the Superintendent of Public Instruction with all the powers which are given to this board? Make him an autocrat at once, if that is what gentlemen are after. The gentiemn fro m Des uloiies labored long and loutl a,,alinst having restrictions with regard to incorp,orations. His cry was-leave this matter to the legislature; all wisd,,m will not die out wshen we dissolve; those who come after us will have snic'.ent wisdom to carry out the system themselves. If that was a just provision, to le ve suc' -n itter to the legislature, has the argument failed since then? Yet he gets up with the utmoi,t elfcontery and says that we offer no argtument. It is easier to say it is no ar gumren th t aeri than to answer it. That is the shortest -wayo t ri of getting rid ofu some arguments. But I regret tha t the gentlenman shoul ve ad have had such anl idea with hretr l to me as led h im to tell that anecdote of his about the holy scriptures. He speaks o f some body as being opposed to the holy scriptures -by implica tion putting h is report on a par with thos e scriptures-aindse upon being saked th e r eas on r eplied, that he wwhs not the author of the aholy scriptures, and therefo re was oppose d to t hem; and he in timat es that the gent leman from Henry oppose d his report for the same reason. Now althouglh I miht b e v ery happy to be consid ered a s havinghad some cosrnection with th e authorsh ip o f t he h oly scriptures, y et I must say that I have no ambition to be considered the author of that report; and the gentlemy n need not fea r that m y ambi tion will l ead me to dispute with him the authorship of that document. The gentleman's anecdote of the man who was opposed to the holy scriptures because he had nothing to do with writing them, reminds me of another, which may be equally to the point. He reminds me of an insaae mean that I once knew; who would go before a mirror, and look into it and see the reflections there, and then place his hands over it and say, "Isn't it wonderful, this beautiful creature? And I have made it all myself." That is the position the gentleman takes with regard to this report; he made it all himself. And therefore he comes in here and defends every point of it and will not let anything go. If anybody objects to it, it is from unworthy motives. If he gives reasons, they are no argument. Gentlemen are consoling themselves that the people will learn by experience, and will rectify this matter. There is no necessity for this. We have had enough of experience already. We know what we have suffered under one'system. There is no necessity for blind experimenting at all. There is no necessity for so large a board of education. There is no necessity for the extraordinary powers which we lodge in their hands, to pluni,e the state into debt as they can do. I beg gentlemen to stop and think whether it is not better to allow the people to take this subject into consideration, instead of fixing it by placing it in tl.is constitution. Let the people consider the matter, and instruct their representatives how they shall act in regard to it. I think there is hardly a gentleman here who can say that he knows what is the will and the wish of his constituents in relation to this matter. Ought not the matter to be discussed among the people? And shall we circumscribe their pow I oppose that report for reasons which I have given here. I oppose it because it will add very much to the expense of this system. I have made a calculation in regard to this matter; and by the closest estimate I can make, this system will cost the people of the state, either through the school fund or in some other way, some twenty thousand dollars per annum. It cannot be carried on for less than this sum. We have provided here for the printing of their reports; we have provided for their circulation. Let I [37th D ay 918 [illarch 3d Tuesday] i k 9 n i POWERS OF THiE BOARD. Tuesday] SCOTT-MARvIN. are 3d dark and advocating a system that is new and untried, when they themselves advocate a sys tem equally new and untried, and equally in the dark. That is talking for buncombe and noth i ng else. It is talking without object or aim. I say that we have an aim. We wish to make our school system efficient; we want to make it a popular system, suited to a growing state; we want to build up our school system on an eleva ted standard. We want to make it a system which we shall hereafter be proud of. That is what we ask. Let it be attended with expense; I care not for the expense, provided the money is judiciously expended. I want the whole sys tem sifted and renovated. I want the whole state, from north to south, renovated, cleansed, purged; and if we can accomplish that I care not whether it costs us twenty-one thousand or fifty thousand dollars; if the money is properly and judiciously expended to promote that object, I say that it is money well spent, and I am ready and willing to bear my share of the ex pense. There is n o thing frightful to me in the expense. Of course the more thorough and effi cient any svstem is, the more e xpensive it will be; and I am willing to double the expense, if the efficiency can be increased in a correspond ing ratio. But it does not an:'egfd to this matter, I think the gentleman f no Jefferson [eIr. Wilson] is a little rmistakken. It is true that t he resolu tions are given in the debates, but Ih think the yeas and nays are not given. 51r. WILSON. Certainly they are. Ir. EDWARDS. I movre to strike out that ouortion o f th e r esolution which provides for the printing of the journal. SIr. PARVIN. I do not desire to put the convention to any unnecessary expense. If they desire to dis pense with the printing of the jour:.l entirely, I litve nothing to say; but such a j aing is unprecedented in the history of conventios of thi s cha racter. i k now o f no deliberative body that has ever iefused to pr in t the journal of the Secretary. it is true, we have a reporter's journal. It was ,he intention, originally, to print three thousand c-opi)ies of that, and. as I understand from the itfientds of the proposition, it was also the intentioIl to print fifteen hundred copies of the See ryis journal. But it Teas thought'too ex:ensive, and the number of copies of the reJi~oter's journal, to be printed, was stricken down one-half. If the convention think that fifteen hundred eo)ies of the bound volumes of lhe reporter's jour-nal will give that information to their constituents, which they demand, I have not a word to Apay. I am not prepared to say what the exe,nse will be of printing the journal of the Sec,'etary. The Secretary informed me a while-Jo, that his journal will make probably about at hundred and fifty pages. The printing of the journal will be a cheap way to get information ct our action before the people. We now have ordered fifteen hundred copies of the reporter's journal for distribution. If we print, in addistion to that, a thousand copies of the Secretary's journal, not bound, but put uD in the usual style of legislative documents, we will increase verv materially the knowledge of our constituents, in regard to the positions which we have taken [38th Day. 974 [March 4th to suippress a journll. Wvhy do we have a sec- Clarke of Henry, ClarLe of Johnson, Ells, E~,(eCrettir here? WThy incur all this expense, and son, Gibson, Gower, I]arris, Alrvin, IPar'ih put iliil to the trouble of reading over every Scott, Seely, Todhunter, Winchester ard Yi. niorni,ng the proceedings of the former day? It Mr. SKIFF. I move to strike out the latter is to preserve an accurate record of our pro- part of the first resolution. ceedilgs, to which the people nmay refer, in or- .,'r. CLARKE, of Johnson. I wish to move dler to see whlat has oeen dlone, and hlow meme de to see what has been done, ad how mem- to reconsider the vote tlaken up)on the report of bers have voted, and see if they act consistently the special committee upon the printing of I! with their prefessions. ~with thei~r prefesions debates. If I am to have but twenty copies of Gentlemen are anxious to suppress the journal these debates to distribute'among nin eten upon tl.e ground ot economy, and yet at the thousand five hundred p)eople, that they i.Jay sametime tlim e the are voting to pay a mnan five i know what I have done hlere-how I bhave votcd hunudreddollars to digtribute the debates through 1 and what I have said-and if we are to have no the State. Gentlern,n. are ready enough to incur journals, I desire to reconsider the vote adopl,other exp!ens, but when they come to this last ing the report of the special committee upoa item, andf(.iter all thle expense and trouble of the distribution of debates. preparing' this man.script has been had, then all at once they lhave qualms of conscience in Te PRESIDENT. The motion ofthe gente regaid to the expense that will be incurred, and man from Johnson [Mr. Clarke] would not n;arw tucyie hla these economical tutins wlhieh seem to be in order, as there is a question already pe,'dthlirow th,em into such contortions. Let us act itg-the motion made by the gentleranl roan like men, and provide for the printing of tis Jasper, [r. Skiff]-which is, to strike out te o al. I consider it apelse, and proviso in the first resolution, and whichl rea(ls one whi0lc the people will endorse. If we d o llows: not incur it, they will think we desire to sup- " Provided, that in printing the said work, the press a knowledge of our acts. Very few of State shlall only be charged for single comilotlhem will 1)e able to know of our votes from the sition." reports, for these atre princially made up of our Mr. WILSON. I would suggest, whether.by speeches. Thle journals will be coniparative!y striking out that portion of the resolution, -e cheap, and not cost mrore tlhan one-fouithli of do not abolish the amount of compensation to what the report of debates will, and they will be paid for printing, and leave that matter therefore be more universally distributed anong open. I think thtt we hatd better establish thle people. I hlold thlt thie people are entitled what this compensattion shall be. to the publicaltion of thejourililtl, and I hope that The queston ws taen upon the amendet r 1 fW T _t a w _ t TllTe question was taken upon the amendmtenlt th-e _gentleal.an from Luca:s, [.~Ir. Edwards,'] will nthe gentlcipia from Lucas, [sr. otiwardns, will offered by ir. Skillf, and it was not agreed to. not insist upon hi3 motion. Air. WILSON. I wish to suggest one thing, ... 1 2 Printing the Coszstitution in Germran. in connection with the remark mtde by the geriitleman from Musatine, r.'r. Parvin], as to the The secod resolution was then read as folprobatlle size of tlhis journal. lie says that he pr~;Ate sze f t~isjolrna. H sas t~lthe The seconid resoaution was then read as forhats been inforned it will comprise about one lows: huLndrel and firt pages. I tink thlat- tt the' Resolved, Tha-t John Bittman, of Dtubtqeie ,inie the Secetetry gaive the gentleriian thalt in- counity. be employed to translate the collntitu.ormation, he didl no,t fully cim uprehend tLe ex- tion into the German language, and print I iMAN, &C. [38th Day. [*[ La.,rch Wth W e dne s day] SCOTT-GOWER-SKIFF-I-IALL-EDWA RDS. The question was taken, and the motion was agreed to, upon a division; ayes 16, noes 14. The PRESIDENT. The question now recurs on the motion made by the gentleman from Luc.'Is [Mr. Edwards,] to strike out that portion of the resolution, which provides for the printiDg of the journal. Sir. SOALL. I hope the motion will prevail. GWe ha ve pro vide d for printing fifteen hundred copies of the debates and proceedinir,gs o f th e convention. Ttpat work is now in publi cation, and contains, in addition to the speeches aoritd e here, every syllable that is in the journal. The journal is ta hvere naked skletoi of Nwhat we publish in the other work. nNosv I say that we would not act like men of common sense, in going to the expense of publishing another workos, which shall be but a mere meagre otdtlinte of the wohrk which we are publishing. It would be a ma er e act of folly. 1Nwh sy ao it? If gentlemen want more copies of our proceedings circulate d aoh oleg, the people, why not increase the number of copies of the " Debate s" wh ich wh e haje o rde red to be printed? It will not cost as much now to print another thousand copies of the'"Debates" as it will to print a thousand copies of th e journal, of matter which i s entirely new, and have it published at a separate office, even if the type has to be re-set, and we have to re-publish that po rtion of the "Debates" already published. I would be unwilling to take th e meagre an d naked journal, and circulate it i n my county, while the "Debates " were in circulation. If the volumes of " Debates" consisted alone of the speeches, and did not corntain the votes, I would not object to the publication of the journal; but our reporter tells me that every word in the journal goes into the volum-e of " Debates." Why then publish this second, inferior, and I might almost say, worthless edition of our proceedings? Why publish two editions of our proceedings? I think it would be wrong, and that no particular benefit can result from it. I will vote, with other gentlemen here, to increase the number of copies of "D Debates," but not to publish the journal separately. Mr. EDWARDS. I* addition to what the gentleman from Des Moines [Mr. Hall] has stated,'that the volumes of "IDebates," which we have ordered to be printed, will contain, be-; sides the speeches, all the journal matter of the} convention, I would say that it also containsi all the proceedings in committee of the whole,{ all the motions, propositions, and votes taken there, which the journal does not give. I think,; in view of this fact, that the printing and distribution of the journal would be a useless expen dituire of the people's money. It is a gratuitous insinuation, and altogether uncalled for, for gen tlemen to get up here and intimate that those of us, who object to printing the journal on aceount of the expense involuled, do so, because we do not care about the people seeing how we voted, when the fact is, that every m~otion aldvote is fully recorded in the " Debates." If it were necessary to print the journal, in orde~ that the people might see host we have vote( ' five thousand." 3Ir. GOWER. It strikes me, that we do not have this proportion of Germans to Americans. I should think that one or two thousand c o pi es printed in Gernman would be a fair proportion to ten thousand printed in English. MNr. SCOTT. I would accept the suggestion of the gentleman fi'om Cedar, [M'jlr. Gower,] unless some members desire more. Two members have said they wanted five hundred copies each of the constitution in German; and I want myself at least that number, so that three of us want nearly the number which the gentleman has suggested. I think that ten thousand in English is too small a number. The printing of' the constitution in German seems to be the onlyv way by which we can give a large portion of our population any information of what we have been doing here. The expense of printing the constitution in German would be but a mere trifle. I believe it is a penny-wise and poundfoolish policy, this talking and arguing about saving expenses here. We have argued this question at ten times the cost of the printing. After the type is set up, the expense would be very little of striking off two or three thousand copies more. Sir. GOWER. I w ould suggest that we say three thousand copies, as the gentleman seems anxious to provide a number sufficientto supply our German population. The y hav e o ther means for ascertaining information of what we have done here, as they hav e papers printed in th e i r own language, at Du buqu e and D avenp ort. I regret that we have refused to print the journal of our proceedings. I hold in my hands the journal of the constitutional convention of New York of 1821, and I have had the journals of other constitutional conventions, that have been held in other States, so that it appears to be an unprecedented course in the history of deliberative bodies, to refuse the printing of their journals. I believe our journal ought to be printed, so that the people Slav be fully ad'vised of the action we have taken upon the various propositions that have been presented here. T he q ue stion was then taken upon the motion of Ilr. Scott to fill the blank with five thousand, and it was not agreed to. The question was then taken upon filling the blank with "three thousand,"' and it was agreed to. 976 PRINTING THE JOURNAL. [Vilarcel 4th here, I would wililngly go for printing, it; but this I must acknowledge that I am astonished at is rendered unnecessary, fromr the fact that the the course wNhichl some gentleimein have taken " Debates" give a complete history of all our upon this subject. No doubt they ave acted proceedings. from pure motives, and with aii holinest desire to if it be necessary to increase the number of retrench the expenses of the conventioi. as much copies of the " Debates," and if it can be done, as possible. No member here, perhaps, is more 1 ama willing to vote for the proposition. But anxious than I ami to cut down all unnecessarv the printing of this journal, I do say, amounts to expense. But when any expense is just and nothing but rebbing the people; an; d you would necessary, I am willing to vote for it. The confind that the copies of this document would be vention, the other rmlning, decided to print niere waste paper, and considered as so much fifteen hundred copies of the Journal; but the rubbish. That has been my experience, in re- special committee had the resolution last evenirg gird to the journals of other deliberative bodies. before them, and decided to print only one You will find files of the senate journal of last thousand. Thev thought that fifteen hunired session ly in all around the capitol now, thrown copies were, perhaps, more than wvere.neede(l, away as meie rubbish. But with the "Debates" and they cut the number dowil thirty-three per it will be fari different. People all through the cent. This mlorning they refuse to print any at State will eagerly seek to procure thein, as they all, but they would favor the propositiont to in will conrtain, not only all the journal matter, but crease the number of copies (ef the " de'bates," all the discussions that have taken place upon and subject the convention to this addithe diffeient propositions presented here. tional expense. Why this change? The sec tre Pdffren It appears to me that the re. retary's journal they say amounts to nothing. narks of the gntleman from Des Moines, [Mr. That may be the case as concerns the coistit uents of these gentlemen; but so fa,r.-as nmv coniIlall,] and of the gentleman from Lucas, [Mr ents of these gelemen; but so fr. Edwards,] are certainly not very complimentary stituents ar e concerned, they wil look to tae to our Secretary. I know that he needs no de- secretary's journal, put it upon their shelves fence at my hands. But to say that the journal for reference hereafter, in order to know ho amounts to inothing but rubbish, is certainly not thei representatives have voted in ths con I ~~~~~~~vention. very complimentary to an officer, who has dis- ention charged his duty so faithfully and honorably, Mir. WILSON. Afy hostility to printing the anLd so much to the satisfaction of the conven- journal does not stop here, but I am opposed to tion. printing any additional copies of the "debates-" Gentlemen undertake to convey the impression I would prefer printing the journal to inereasthat the journal of a deliberative body amounts ing the number of copies of the "debates," beto nothing. WIhyv, sir, it conveys all the infer- cause I believe the printing of the journal would mation that the people do get of the conduct of be much the cheapest. My opposition to printtheir representatives here in the General Asser-'ing the journal does not grow out of any want bly, how they have voted, and how they have of confidence in our secretary, for I must say acted, upon the various questions as they came that I never saw any person fill a similar pos;up for consideration. tion with more satisfaction to the body, and who Theie is an effort to get clear of the printing of exhibited a greater amount of faithfulness in tihe thee ijournefal upon t the groundt of economy andischarge of his duties, and fitness for the place, increase te nlumber of the bound volumes of than has the secretary of this convention. I am "iDebates winbicr the gebtleman from Alaoafk myself perfectly satisfied, and every oti er indi';Debates,"' which the gentl,ema,n from Ala~makeem Cak] sas can be furiished at less e vidual here, I have no doubt, is perfectly well [M.Cak]sa y a nbe urnished at less ex-man stisfied with the man~in whic-h lie has dispense than can the same number of the journal. catisfied with the isaneN in wh h Lle bas dfs hell y~ou undertake to tell me that you can charged his duties. No fault has been found Wvhen you undertake to tell me that youi can wt i nayqatr print and bind two volumes, of six hundred i him i any quarter pag,es each, of the "Debates," for less money But I regard the printing of the journal as an than you can print the Secretary'sjouri,al, which unnecessary expense. Take, for instance, the is not to be bound at all, then I am just like the journals of the senate and house of represenlltaYankee, and I answer, "I guess it can't be done." tives here, and you find that although large numThe printing of thie " Debates" has already corn- bers of them are sent into every county, the manrenced' and when you undlertak,e to increase jority of them are permitted to lie in the offices the number you have already ordered, you will of the clerks of the district courts, and go to have to pay the printers for re-setting the mat- I waste. Very few of them are distributed among ter already published. I do say that the infir- the people. Once in a while, a man who is inmation containeed in the journal is information terested in politics will step into the office where which the people need and expect. The journal they are deposited, and get a copy to take home of the Secretary is the common source of in with him for future reference but the great formation, upon which the people rely in order mass of these journals are left to moulder in the to ascertain whattheir representatives have been offices of the clerks of the district courts. I bedoing in the General Assembly. And, as I have lieve this will be the case with the journals of slid before, it is entirely unprecedented, in the the convention. A few men would lay them by history of any deliberative body, to refuse to for future reference, butthe great mass of them print the journal of its Secretary. L would never be distributed at all. 38th Day.] 977 Wediiiesday] PAFi,VIN-IVILSON'. PRINTING THE JOURNAL. ,Vedniesday] SKTFF —WILSON-EDWARDS-BUNKER —VINCIESTER-HALL. [Miarch Ath It is simriply upon the ground of economy that Clarke,] has remarkled, the journal of the secreI oppose the printing and distribution of the tary is a history of the acts of this convention, journal. I believe that the priinting of it vwould while the reporter's journal goes into detail. I amount to more than three thousand dollars think we mightjust as well say that there should and if we can save that amount, I think it is be no compiled history of the United States, and well enotugh for us to do so. I am requested to that there should be no other means, f ascerstate, that parties competent to judge of the taiming information of the services of our fathers exact number of pages which the journal will but by wading through documents which conIrobably akake, estimate it about two hundred taited every word spoken by each individual in pages If it should not ma,ke inore than that he organization of the government, as to say an uber ofpaves,;'lhy of course it obviates a that we should have no journal of the proceedpanrt of tilie oljection I have raised to its print- ings of this convention. I go for printing the in, because the cost will not be so great as I journal, because it will place before the people lave estiimated it would be. of the State an inteliigible account of the acts 5tr. SKIFF. I m:ade the motion to reconsider of this convention. bec.use, fron tle re iarks made by gentlemen Tr. W.INCLItESTEP,. The plea of economy in tre discussion here, and from conversation advanced by some gentlemen of tie conventioni, with other, I came to the conclusion that the at this late day of the proceedlings, is certainly convention would favor the proposition to print very meritorious but I have heard no argument an adlitional number of copies of the debates. conclusive and valid, to my mind, in opposition I understand, however, that we cannot get them to prirtin this journal. low few, comptaed wvithiout p,,Oin, for thle matter which will have with the great mass of the people, will ever get to be re-set, and, therefore, as a matter of econ- hold of the debates of this convention. And omy, I shall go for pri.,nting, the journal. even if they have the debates in their possession, As the gentleman from Johlnsoni, [MIr. Clarke] how few, when they wishl to refer to the action has remarked, there will be only some one of thle convention upon any particular subject, thousand five hundred copies of these debates will wish to look over and hunt up the action o)f to go to a large numiber of inhabitants, so that the convention upon tihat subject from these volthey may know what we have done here. I do umnes of the reports. It seemns to me that, when not suppose, of course, that the people will care members vote to pursue a course so unprecedentvery much about it, but if they should feel dis- ed as this, their object must be to prevent the posed to look over the journal, which I do not people from knowing the action of this Convenbelieve one in fiv, hundred would, I wish to tiori, and seeing the votes of the convention, give them that privilege. When the question without being obliged to read the peculiar views comes ui), 1 shall vote for printing the journal. of the gentlemen of this convention who cast Mr. WI, LSON. I hold in my hands a copy of their votes in connection with theseremarks. I the journal of the convention of 184, which was am willing that my votes should go to the peoin sesioson four weeks. I find the number of ple without my views. I care not what any pages of this journal to be two hundred and member of this convention says here upon any tentyo I thin that we have done quite subject; I look to his vote, to his action upon as much labor, during an equal time, as the the main question. I hope this journal will convention of 1846, and that our journal in the be printed. same time will amount to quite as much as that. Mr. HALL. If I could have brought myself If so, we will find that our journal will contain to the same process of reasoning which has nearly double the pages of that, because we will beei adopted by the gentleman fromnt Washiington, be in session nearly seven weeks, and we will [Mr. Bunker,] I shoed have been opposed to hade, no doubt, a journal of over four hundred publishing the debates at all. Itc seems to pa,,es. think that they obscure our action, and that it MIr. EDWARDS. I wish to remark that the will be necessary to publish a synopsis of our position I occupy is not out of disrespect to our doings is order to get the umatter before the peosecretary for I hold him in the highest estima- ple at all; that we should have to publish two tion, andl regard him as one of the most compe- editions, the debates and the journal; the jourtent secretaries I have ever knowvn in a deliber- nal that goes with the debates is to lost in the ative body. I made the motion to strike out fog that the people cannot find it. I voted for that portion of the resolution which providles for publishing the debates, because they contain a the printing of the journal, because I believed true transcript of w-hat is done here; and, with it woild involve an unnecessary expenditure of a piroper index, which I have no doubt we shall the people's money-, and I conscientiously be- have, it will be as easy to turn to any question lieve that it is not right to incur an expenditure in these debates as it is in the journal, precisely. wh'i(h, in my opinion, is altogether ntinecessary vhy should we publish two editions of our proand iunealed tox. ceedtags hereu? Will any gentleman give me 5It. BU KER. I have voted for the printing any reason for it? Is one of them to be intelliof the journal, for the reason that I wished to gible and tle other unintelligible? If so, we get the acts of the convention before the people, have been guilty of the most egregious folly in ill a manner that wculd be tite most intellie~ible publishing the debates at all. to them. As the gentlemnan from tHenry, [er. i Upon the score of expense; supposing that 978 ['Sth Day. PRINTING THIE JOURNAL. the journal contains six hundred pages, we shall I wish to say a word with regard to the idea have to pay for setting up that matter, and pay that the refusal to publish this journal would at a hilgh rate. Then we must pay for printing be a reproach to the Secretary. I deny it. I it, and binding the journals when printed. Nowv am ready to bear testimony to the manner in the debates contain all of this very matter which which our Secretary has performed his duties. is contained in the journal. The matter is al- I will bear as strong testimony upon ti(at ready set up, and there will be nothing to pay subject as any other gentleman here. No for but press work, paper and binding. I have one will go further in commendation than I no doubt that you could print the same number will. But it. does not follow that because we of extra copies of the debates as you propose have published that journal in another form, into print of the journal, as cheaply as you can corporated with the debates, and provided by set up the matter for the journal and print from another officer of the convention, it is the that. slightest reproach to him that wte refuse to pub MIr. PARIAIN. I understand that if we print lish his, containing only a portion of what the an extra number of the debates wve shall have other contains. If we need a greater distribeto pay for the re-setting of the work already tion, let us increase the ru.:'ber of the full redone, some three or four hundred dollars, I ports, and let them go to the people; but le us thinik. not publish a second edition whichl will be infe MlIr. HALL. I have information different from nrior in every respect to the publication we have that, and information which I rely uplon. It may already made. be that we have about one hundred and forty Mr. BUNKER. I rise for peisonal explanapagee of our debates already printed; but even tion. The gentleman from Des MIoines [Mr. thLLe re-setting of that for the purpose of increas- Hall] certainly misunderstood me I dide not ing the number can be done for less than set- mean to intimate that the journal of our reporting up five or six hundred pages. Now I will ter is not perfectly intelligible; but I ime'Int not impute the zeal of the gentleman from lMuis- that it is voluminous; and the common reader catine to the fact that he wants to give a good will be taxed more if he attempts to examine it job to the printer of his town; but people some- all; while the Secretary's journal is a synopsis times "strain at a gnat and swallow a camel," by which the ordinary reader would( be more or a. saw-mill, to use the western phrase. Some- likely to arrive at a knowledge of our acts thani times they stickle at a few dimes in the way of from the record of the reporter. This volume mileage, while they are willing to pour four or of debates will certainly be a more complete five hundred dollars into the lap of a single man history, but he must wade through all our talk because he lives in a particular locality. For here to appreciate it, while the record of tl, my part, I believe it is a waste of money. It is Secretary contains the results. throwing it away to undertake to publish two Mr. CLARKE, of Johnson. As chairman of ediios o or pocedil~ on alare nd he Mr.- CLARKE, of Johnson. As chalirman of editions of our proceedings, one a large and the m ta f hs A Iir o ~~~o~~~~~~~~~the comrittee that mall volume. e ide this report, I desire to oth~~~~~~~~~~~eridlgdi a fesrmark nrllto volume. other a small volume. ~be indulged in a few remarks in relation to this I think that it is the most pitiful argument subject; and I confess my utter astonishment, uttered in this convention, to say that the peo- not only at the action of the convention this pie cannot find out from this large volume of morning in view of the action a day or two ago, our proceedings, what we have been doing; it but at the action of the gentleman from Des is a poor compliment to their intelligence; it is Moines, [NIr. Hall.] I remember distinctly a poor compliment to their discernment. But that in the discussions yesterday, quite a numhow is a man to find out what we wished to do, if ber of gentlemen heretofore opposed to his we send him a mere skeleton of our proceed- scheme of education, whnt for it, upon the ings? In addition to the proceedings and ac- avowed motive that having been members of tion of this convention, this volume will contain the committee to whom the subject was re-comnall that is done in committee of the whole, and mnitted, they felt morally bound to go for it, althe history of every meml)er can be traced there. though it did not meet the entire approval of hlave gentlemen done anything here in commit- their judgment. Upon the report made this tee of the whole that they are unwilling the morning from the comnmittee upon this subject, whole people should know? Is there to be a there was no diversity of opinion in the minds distinction between two classes of people who of the committee. The gentleman from Des are to get this information, of whom one is to Moines [MAr. Hall] assented to it. If he was get the full proceedings, and one the journal? opposed to printing these journals, for the Are there two classes: one to receive the de- ground assumed this morning is not a new one, bates, and the other the meager account in the and does not arise from any other consideration journal? Are there two grades of intellect- than that of public economy, or public duty, it one capable of comprehending the big volume, seems to me that last evening would have been and the other only capable of understanding the the time to makle these suggestions, and not little one? Gentlemen will have to solve this after the committee has made its report. It problem, or else, in every shape or form, I shall seems to me that that is not returning from his be compelled to look upon the propositionl for hands the kind of treatment he has received printing this second edition as a matter entirely from the hands of other gentlemen. I think I of folly. understand that there are two Imotives at work 38th Day.'jl 979 Wednesday] PARVIN-IIALL-BUNKER-CLARKE, of J, [Illarcli -It]). PRINTING THE JOURNAL. CLARKE, of J.-HIALL-TRAER. to prevent the publication of these journals. The gentleman from Des MAoines [.Ir. Hall] has avowed one of them in his reply to a remark made by the gentleman from Muscatine, [MIr. Parvin.] He thinks that because certain gentlemen wvill not make certain allowances of mileage, their conduct is very improper in voting ror this proposition. If gentlemen are offended at wh.t was said last night upon the resolution of the gentleman from Marion, [Mr. Gibson], and therefore choose to vote down the printing of these journals s a matter of revenge, to gratify wvounded feelings, let it be so understood. I shall not base my vote upon any such motive. Another reason for this opposition is, to cornpl the convention to print an addition al number of copies of these debates. ye are told that this can be done at less expence than we can print these journals. I undertake to say, as a printer, andl somewhat familiar with this subject, that no such thing can be done. In the irst place we have to reprint some hundred and fifty pgs of these debates. The style in which those debates are gotten up, with the amount of matter upon the page, the kind of paper upon which they are printed, and the style of binding in which the work is to be bound, I undertake to say will double the expense of printing these journals as proposed by this committee. I undertake to say this as a printer, having some knowledge upon the subject. And if gentlemen vote down the report of the committee, upon the score of economy, and then vote for printing an additional number of copies of the debates, it seemrs to me that they will be acting very inconsistenrtly. Noow, sir, in the very start, I voted in favor of printing three thousand copies of the debates. I voted to keep the amount as hilh as possible; but it was cut down, and by th,e votes, I apprehend, of some of the very gentlemen who are now voting against printing these journals. They voted then, and induced others to vote, upon the ground that we were to print the journals separate from the debates, and if we did that we did not need so many copies of the debates. before the people in a c heap and co nde nsed form, so that they may b e able to turn to the votes of members of the convention, and to know what they have done. It may be possible that some gentlemen in this convention are anxious to suppress certain votes which they have given here, a n d thi nk that if they can limit the publicat ion o f the proceedings of th is convention to fifteen hund r e d c opies, they are in effect suppressing the publication of those votes given here in the convention. I have no desire of that kind. I have no fear in relation to my votes here. I am willing that they should go before my constituents, that they should canvass them, and if they disapprove of my votes, upon my head be the consequences. By the record of what I L ale done here, I am willing to stand or fall. If these gentlemen had avowed their determination, at the commencement of this convention, that this journal should not be published, I undertake to say, that instead of printing, fifteen hundred copies of the debates,we shouild have printed five thousand copies, and shou'd have imposed upon the people of this state a debt, for printing the debates, which, instead of being five or six thousand dollars, would have been twenty thousand dollars. It was with the understandinig that the journals should be printed in a separate form for circulation among the people, that the majority of this convention agreed to cut down the edition to fifteen hundred copies. But now certain gentlemen want to take the back track. They find that the distribution of these debates would not publish some things they want. IH-ere they are voting to drive the majority to re-consider their vote upon the subject. W1,hat is done, is done; and I am willing to abide by it. Althou-gh we hive not printed so many of the debates as I wanted, the thing is done, and it is too late to repair it. I call upon the convention to-day not to do tan act unprecedented in itself, either for the purpose of gratifying personal feelings, or for the purpose of suppressing information among the people. It seems to me undignified, and not such conduct as become gentlemen occupying seats upon this floor. I hope that men of neither party will take a step which seems virtually to suppress among the people of the state a knowledge of the proceedings of this convention. Mr. HALL. When this matter was referred to a committee of which I was a member, a day or two since, I understood that the matter had been settled by the convention that the journal was to be printed. It came to us in a different form. And inasmuch as I voted against the printing at the first, and have been all along constantly opposed to it, the charge that I am acting in bad faith comes with an ill grace, I think, from the gentlem~an froma Johnson. Mr. TRAER. If the gentleman refers to me as leaving taken the position that we were to print a smaller number of the debates because we wvere to print the journals, I certainly repudiate the idea of ever having taken such a ro The gentleman from Des Moines asks us to solve this problem: Do we want for one class of our population these debates, which contain the action in committee of the whole. and for another class the journals, which do not contain the votes in committee of the whole? I will solve that problem in this way: I will say to the gentleman from Des Moines, that there was no vote taken in committee of the whole involving any important principle, or any important practical question, which was not again submitted in convention and the yeas and nays taken upon it. These journals will contain every vote upon any question or amendment, upon which there was a division of opinion, which will be found in the debates themselves. It is not for the purpose of providing one publication for one class of the people, and another publication for another class, that I desire the printing of this journal; but I desire it that our action may go 980 [38th Day [Marcli 4th 'VVe,cluesday] PRINTING TFiE JOURNAL. wednesday] OLRK-oLAuKs', of H. [March 4th sition as that. If the gentleman will refer to page forty-one, of the report ofthese debates, he will find that upon moving to reconsider, I ex pressly said that I was in favor of entirely omit ting to publish the journal separately from the debates. I expressly said that I thought it was an unnecessary expense to have the journal printed separate and apart from the debates, and that was one reason why I favored a re consideration. So that if the gentlemanintend ed his remarks to apply to me, I appeal to the record to correct the statement at once. MIr. CLARK, of Alamakee. I certainly care very little about what the gentleman from J o h n s o n [Mr. Clarke] has said by wa y of im pu nging my motives upon this floor. I f he means the remark to apply to me that I am opposed to the printing of this journal, I wish to say that I have been opposed to it from the beginning of t his convention. I wish further to sa y tha t the s u b j e c t was up one evening, in t he presence of ty self and friends, and if it was n ot actually ugreed upon it was at least tacitly understood that we were not to print the journal. I have acted from that time upon that principle; and I believe that that was the correct course to pur sue. But it was admitted that if it was printed, the gentleman's friends should have the printing. I wish further to say that I consistently stand upon that ground. I did not believe the print ing of the journal to be necessary; and I do not intend now to change my course because possibly the gentleman from Johnson may have i another friend who wants to get another slice from the public treasury for the distribution of :these journals. The prices which have been t paid for the distribution of the journals and laws hare been pretty high, in my opinion. And now we are to increase the amount in t he distribution of the debates. If you do not increase 'the number of volumes, I will guarantee to dis tribute them for the half of five hundred dol lars, and give good security. Now if the jour nal is printed, there must be another slice to somebody else to distribute that throughout the state. There are only one hundred and forty pages of the reports yet printed; and three hundred dollars will pay for resetting the type, if it is desirable to Drint more than fifteen hundred copies. And that will be a saving in that op(-ration of quite a large sum of money, over a tihousand dollars in my opinion, by increasing 'the number of debates instead of publishing the ,journal. journal, they might catch it up and see at once how we voted. If that is the case, that the re ports are not to be read, and that they are not to be of so much use as the proceedings without the debates, let us reconsider this vote by which we ordered the debates to be published at all, and publish the journal instead of it. I see only one tangible reason why gentlemen should be so tenacious of having the journal published, and that is that if we should conclude not to pub lish the journal, we should not be treating the committee with due respect in voting against their recommendations. I am not in favor of that kind of logic. Mr. CLARKE, of Henry. Again the cry is brought up here that we are to have more re ports. I recollect distinctly that when we had under consideration, in the room below, the number of these reports, upon striking out three thousand and filling the blank with one t hou sand five hundre d, a gent leman n ow voting against us t old us th at vte sho uld have the jour - nal printed, wh ich would contain the whole of our proceedings and eve ry thin g o f that kind. That was to go out to the people; a nd the re ports were only to be needed by th ose who wish - ed to refer to them in order to learn the true intent and meaning, or t he effect of different clauses of the constitutionby having what members said with r egard to th em, and what was the opinion of t he convention. That wa s urged upon every side; and bec ause we we re to have I t he journals printed, the number of our re ports was stricken down to one th ousand five hundred. Now these same gentlemen, having had that stricken down to one thousand five hundred, come in and wish to wipe out the journal entirely, to get ri d of it; and now they are going to increase the number of our reports. I should like to have them do just that thing before we tak he the vote upon pr inting th e journal. Let us have that tried first; and if the majority of the convention will come up to the original proposition of three thousand copies, I mBoy in some degree be influenced in my vote with regard to printing the journal. I should not be so strenuous for it. I shoulft feel that it was less necessary. But when these wonderfully economical gentlemen, after cutting down to the lowest number the edition of the reports, because the journal was to be printed, now attempt to cajole us into foregoing the printing of the journal, because they may at some future time increase the number of the reports. I am reminded by their manner of procedure, of the Irishman who went into a restaurant kept by a Dutchman, and called for some bread and cheese. After he had got that, he told the keeper that he would take some whisky instead of the bread and cheese. So he handed him back the bread and cheese to pay for the whisky. After drinking the whisky he turned to go out, when the Dutchmnan demanded pay for it. " Och, sure and I gave yoau the bread and chaze for the whisky."' "But where ish de money for the proud and sheze?" "The devil;* and would you has-e me pay for what I didn't ate?" The But I do not believe there is any necessity for it. I am as willing and as desirous -as any other member that every person in the state should have an opportunity to know how I stand upon any question which has come up here; but I believe they will get that information from the reports that are to be published. That is the reason I voted for these reports. I am willing to increase the number if it is thought )est. It is said that they contain too much. 'hat the people will not take the pains to look all over, while if we had a small compact 124 38th Day.j 981 Wediii,esday] CLARK-CLARKE, of II. [DI[arch 4th PRINTING THiE JOURNAL. 1'e nesday] CLARKE, of H. —TODHUNTER —MARV1N. [Mluarch 4th t different opinion, and must call the gentleman - to order unless he confines himself to the ques tion. M] r. CLARKE, of Henry. I have merely to . remark from what I see here, and the under- standing I have upon this matter, that perhaps t the same influences have been brought to bear - with better success in regard to thiis matter. t That an attempt was made to carry votes in - support of that measure, I have no doubt; and I t have no doubt the gentleman supposed he was sure of one vote which he did not get; and from the fact that that vote was cast differently from what he expected, I must believe he was mis taken when he supposed he had secured that vote in behalf of his measure. f The PRESIDENT. The question is upon the motion of the gentleman from Lucas, [Mr. Ed wards,] to strike out the provision for printing the journal. Mr. MARVIN. I am against striking out, and perhaps I may be permitted to express in a few words, some of the considerations which govern me. In the first place, we have ordered but a small number of the debates. I think that the proposition to print one thousand of the journals is a very modest proposition. We need more copies than we shall have of the debates; and I believe this to be the cheapest way we can get them. If we dispense with the printing of our journal, every legislature that meets here may, with equal propriety, dispense with the printing of its journal, and the community would there by be left in the dark in relation to the action of the legislatures; and they might do this, espe cially if they should want to do anything that they would prefer the public should not under stand. I consider the publication of the journal as important in another light. Although we may, give hasty glances at the proof-sheet cf the re porter here, I venture to say that no member carefully reads over the yeas and nays to see whether he is put down always exactly right. We merely look at the report in a hurried miian ner. But the journal of the secretary is care fully listened to; and we have come to the con clusion that that is right anyhow, whether we listen to it carefully or not. We know it is right. Now if by any chance the reporter should be mistaken, and if the error should escape our' attention, we know that the secretary is right.! I wish the journal printed for that reason..It would correct the errors, if there should be any, and would be corroborating testimony at all events, if it should agree altogether with the report. I have still another reason. We have many young men in this State who desire to become well acquainted with the manner of keeping the, record of the proceedings of deliberative bodies. It is admlitted upon all hands, that our proceed ings are kept as well at least as any ever kept in this State, or in any other. I should like to have the journal printed as a text book for young men who desire to become secretaries tc I)utchman scratched his head for awhile, and a Li ~t said, "I tinks dere ish a mishtake some where; you may be right; but I don't want yot to com e to my sthore some more." [Laulohter.e r-iat is the argument that is addressed to us Thety wanted us to do without the thIee thou saner copies of the debates, on the ground tha le were to have the journals, Then they want ed us to give up the journals on the ground tba b —and-by they are going to increase the num ter of' the debates. And the result will be tha w-e will get neither the debates nor the journals It is certainly not a satisfactory argument to me If we!had known that we were not to have the journals, we could certainly have ordered three thousand copies of the debates. ! ovas rather surprised at another remark of the gentleman from Des Moines, which seemned to show the reason for this sudden opposition which has grown up here to the printing of the journals. He inadvertently dropped the remark that some gentlemen were perfectly willing to su rain at a gnat when a ssessing mileare, but to swallow a camel when they came to pritinter's fe-e-s, or something to that efect, I hope that gentlemen will not be affectedl by this m atter. a i n suse gentle man from M uscat ine, [Mr. Parvin,] who has advocated the printing of the journal so s tr e nuous ly, has in any way in his opposition to allowin g certain mileage fees, crea ted any enmrity, I hope the gentlemen thereby hurt, will not, out of feeling against him, and to punish him, cut the throats of their own friends. I fsood with the gentleman from Des Moines here in favor of publishing three thousand copies of these reports. We did not get them; we only got half the number. And now I want the journail printed at all events, so that we can have t'hi at to distribute. But the gentleman from Des 5toihLes has let another thin, escape him, which i,as solved another matter in my mind, which hadl been a matter of great wonder and astonishuent to mle. I must say that nothing in the hvhle course of my life has ever so much astoni;hed me as the miraculous success of that gentleman in carrying through here a system which I believe is fraught with more evil and is involvecd in more doubt and darkness than any thing -wLi~ich has passed this body. I refer to the school system. He has had miraculous success, and I wondered how he obtained it. The PRESIDENT. The gentleman from lIenry will confine himself to the question. MIr. CLARKE, of Henry. In a moment. The PRESIDENT.: The chair is of opinion that the gentleman is out of order. ',r. TODHUNTER. I hope this personal quarrel will be stopped. MIr. CLARKE, of Henry. There is no personal qu-arrel about it. An attack was made upon a gentleman acting with me upon this question, and in sustaining him I think I am sustaining his side of the question. I consider it entirely in the line of argument. The PRESIDENT. The chair entertains a 982 [38th Day PRINTING THE JOURNAL, &C. Wednesday] GOWER-SOLOMION-CLARKE, of J.-MARVIN-WINCHESTER, &c. Palmer, Patterson, Robinson, Solomon and Wil son. Nays-The President, Messrs. Ayres, Bunlker, Clarke of Henry, Clarke of Johnson, Ells, Enmerson, Gibson, Gower, Gray, Harris, Marvin, Parvin, Peters, Scott, Seely, Skiff, Todhunter, Warren, Winchester and Young. The next resolution was read as follows: deliberative bodies7 who desire to study that branch. Ifa young man wants to be aproficient in it, let us give him a text book. I consider the journal of this cotvention well suited to serve as such a text book. It will be worth all that it will cost, to educate our young men that wish to be occupied in the same position. Then the State will save in addition ten times as much in having her officers hereafter proficients in this business. I hold to-day that we have sav ed hundreds of dollars by our selection of a secretary. I intend no flattery in this remark; but such is the fact, and we all know it. I trust and hope that this journal will be published. 5It. GOWER. I have been thinking about this matter considerably, and I have been sorry to see what I have seen. I am in favor of print ing fifteen hundred copies of our journal, which I understood to be the proposition in the begin ning. I have no doubt that we shall be sus tained in that bythe people. As to the objection of the gentlema from Des loines, that it may be designed to confer a favor upon some political iriend of some member, supposing it to be true, I think that after the precedents we have had, he ca,nnot reasonably complain. I have known printing sent from this convention to Des Moines, which I suppose he will very well recollect. As to any reason founded upon any vote upon the question of mileage, I cannot believe that that is the fact. I cannot believe there are members here who would take that course. I believe all are willing that that should be settled upon its merits. I cannot think that members here would either exhibit the feeling, or be willing that it shouldl go out from this convention, that they took a course of action relating to this, or any olier part of our action, to embarrass any other portion of the members of this body. I should be sorry to see it, and think there was no fobundation for the hints thrown out with regard to it. I think that every member here would be above that. That is a matter merely of dollars and cents, affecting ourselves; and it should b e la i d aside when considering any question relat ing to the constitution. tr. SOLCION7. I do not know that any gentleman desires to speak any further upon this question; but I see that it is now after eleven o.'ciock. I am very anxious that we should get throulil with this question, and therefore, purely to get along, I move the previous question. The call for the previous question was seconded, at,d tihe main question ordered to be put. Th-e question was stated to be upon the amendment of ilr. Edwards, to strike out the provision for printing the journal. LUpon this amendment aslr. CLARKE, of Joh nson, called for the yeas and nays, which were ordered. Th1e question being taken, by yells and nays, the amendment was not agreed to; yeas 12, nayrs 21, as fbilowns: Y~eas —M~essrs. Clark of Alamakee, Deay, Edwrard~s, Gillaspy,? Hall, H-ollinlgsw>orth, J ohnston X "ResolvedI, That each member of this conventtion be entitled to twenty-five copies of the joiurnal of this convention for distribution, and that the remainder of said journals be placed in the State Departmen t for the use of the State." Air. MARVIN. I will move to strike out "five," so as to read "twenty copies." Atr. CLARKE, of Johnson. Twenty-five copies each will take nine hundred; and that will leave one hundred for the State. Mr. MARVIN withdrew his amendment. T he f ou rth and f ifth resolutions were read ras follow s; "14..Resolved, That the ten thousand copies of the constitution, (the printing of which ii provided for in the foregoing resolution,) be divided among the c ounties according to popuiation; and that the same be sent to the county judge of each county for distribution a mong the people." " 5. Resolved, Tha t the German Constitutiot be divided among the counties under the direction of members of this convention in their respective districts as follows " Mr. CLARKE, of Johnson. We could not apportion that, because we had no krowlei'ie rf the number of Germans in each county; and we left it to the convention to fill up that stattement. In some counties there is a large Geituan population, while in otbhrs it is very spr. Hence a division according to population would not be a fair division. Mr. WINCHESTER. Does not the census show the number? Mr. CLARKE, of Johnson. I do not know that it does. Mr. HALL. It is impossible to regulate this without knowing the amount of the German Fpulation in the different districts. In some cou)iinties it is very large, atnd in others it is very small. Lee, Des Moines, and Scott coun,ti es have a very large German population, but there are comparatively few in Henry and Van Buren counties. It is quite large again in Jefi'erson county. I would propose that each member designate the number he would require for his district, and I would name two hundred for Des Moines county. The PRESIDENT. The Secretary will call 988 8 3th Day] [March 4th -Di,stribittion of the Journal. .Distribution of the Constitution... DISTRIBUTION OF THE CONSTITUTION. Wednesday] HARRIS —PARYIN-CLARKE, of J. —SOLOMION-GILLASPY, &c. (March 4th the roll, and each member will answer for his district. The SECRETARY commenced calling the roll. Mr. BUNKER reduced his number from seventy-five to fifty. Mr. CLARKE, of Henry, reduced his from one hundred to fifty. MMr. EMERSON reduced his from five hundred to four hundred. Mr. HARRIS reduced his from twenty to fifteen. Mr. MARVIN reduced his from forty to twenty. Mr. HARRIS. I do not know that I need any, so far as my own county is concerned. We have some Germans there, but they can read English. Mir. PARVIN. Would it not be a fair way to distribute these among the different counties according to the number of naturalized voters as given in the last census? Mr. HARRIS. We have a good many Irish; and I do not believe the Irish could read the German Constitutions. (Laughter.] So that I do not think it would be any fairer way to settle it. Mr. CLARKE, of Johnson. I would suggest that members leave the number with the secretary that they require for each county of their district, and the apportionment can be made from that. Then the constitutions can be sent to the county judge of each county. Mr. SOLOMON. There is a slight objection to that. Some members may require a greater number than they ought to be permitted to take. The President, - - Mr. Ayres, - - - Mr. Bulnker, - - - Mr. Clarke, of Alamakee, Mr. Clarke, of Henry, - Mr. Clarke, of Johnson, - Mr. Cotton, - - - Mr. Day, - - - Mr. Edwards, - - - Mr. Ells, - - - Mr. Em-erson, - - - Mr. Gibson, - - - Mr. Gillaspy, - - - Mr. Gower, - - - Mr. Gray, - - - Mr. Hall, Mr. Harris, - Mr. Hollingsworth, - Mr. Johnston, - - Mr. Marvin, - - - Mr. Palmer, - - - Mr. Parvin, - - Mr. Patterson, - - Mr. Peters, - - Mr. Price, - - - Mr. Robinson, - - Mr. Scott, - - Mr. Seely, - - Mr. Skiff, - Mr. Solomon, - Mr. Todhunter, - - Mr. Traer, - - - - Mr. Warren, - - Mr. Wilson, - - - Mr. Winchester, _ - Mr. Young, - - Mr. GILLASPY. I hope that the constitutions will be sent to the members, and not to the county judge. The county judge in my neighborhood is a Know Nothing, and would not distribute them. I am a friend to the Dutch, and propose to deliver them myself. Mr. EMERSON, when his name was called, said: I really do not know how I am to judge what number we are entitled to, for I suppose the number must depend somewhat upon the number published. We shall have to make the number ordered here agree with the number ordered to be printed. Not less than five hundred would answer for my district, I think. I should think one fourth, or at least one fifth, of the whole population of my county was German. The roll having been called, and the number added up, it was found that four thousand one hundred and seventy copies were called for. Mr. SCOTT reduced his number firom five hundred to three hundred. Mr. SOLOMON. I would suggest that the Secretary be ordered to graduate the numbers given in here, so as to reduce it to three thousand. Mr. WILSON. I would make the suggestion that where we have already made a sufficient reduction ourselves, no further reduction should be made. I do not think that seventy-five would be too large a number for my district; but seeing the necessity of reduction, I have cut off twenty-five. Mr. WILSON reduced his from seventy-five to fifty. MIr. GILLASPY reduced his from one hundred to fifty. MIr. WARREN. Gentlemen will recollect that there is a class of Germans that can read English. They prefer reading English to German, because they want to learn our language; and I think that if we should all reduce the number somewhat, so as only to order enough to supply the reading part of the Germans who do not read English, it would be better. I will reduce my number from fifty to twenty-five. [38th Day - 984 The Secretary read the list, as corrected, as follows: COPIES. 50 10 50 - 200 50 - 300 - 100 10 80 - 500 - 400 - 100 50 50 50 - 200 15 50 - 500 20 50 - 100 25 - 100 - 300 50 50 50 25 50 25 - 150 50 10 I i i Subsequently, the Secretary prepared and read the following statement, which was adopted, to accompany the foregoing resolution: COMIPENSATION OF THE SECRETARY. WediiLesday] PATTERSON-ROBINSON-GOWER-CLA -tttE, of J. easily be delivered at one place anywhere upon the river. Employingi Oie person to deliver the whole will be the most economical plan that can be adopted. r.)r. CLARKE, of JolIrnon. I desire to say, with reference to the res,4action reported by the committee, and the antount allowei, that we Ifind that the General Assembly, at the last ses sioti, allowed the clerks four or five hundred dollars for super;ntending the printing, indexing, and distributing the journals of the different Houses. We supposed that the preparation of the journal of the convention, and the circulation of the constitutions and journals would not be so heavy a job as that given to the clerk of either branch of the legislature. Hence we concluded to fix the amount at three hundred and fifty dollars, which we supposed would be a fair compensation. In conversation with the late Secretary of State upon this subject some weeks ago, not with any particular reference to this matter, but when the subject was under consideration in the Senate, he remarked to me that the amount heretofore allowed for circulating the laws in the different counties had never pait him. He had always had to pay for sending them out. The President,. Mr. Ayres,. M. B 1 unk,er, Atr. Clarke, of Alamakee, Air. Clarke, of Henry, MIr. Clarke, of Johnson, At. Cotton, Pier. Daly, Mlr. Edwards, fIr. Ells, Mir. Emerson, MIr. Gibson, air. Gillaspy,. M,lr. Go wer, Bar. Gray, Mkr. Hall, AMr, Harris, AIr. Hollingsworth, Mlr. Johnston,. Air. Marvin,. SiMr. Palmer, , Ir. Parvin, AIr. Patterson, MAr. Peters,. Mr. Price, 5. r. Robinson, Mr. Scott, ,Air. Seely, Mlr. Skiff, .A Ir. Solomon, Mr. Todhunter, 3Ir. Traer, Erlr. IN'arren, -Il. Wilson, fllr. AV,irichester, -Air. Yo ina,, MAr. Seelyv,..... 40 I would also state in answer to the remarks Mr. Skiff,.... 40 of the gentleman from Cedar, [Mr. Gower] that MIr. Solomon,.. 30 the resolution at first contemplated the Secre MiIr. Todhunter,.. 20 tary of State to circulate and distribute the de MAr. Traer,...... 40 bates; but we found that he had the laws to M[r. Warren,...... 40 distribute, and it was thought by the committee Ir. Wilson,.... 0 that he might seek to make one job of it, and in MAr. A,Wirchester,.. 40 that way the debates might be delayed. It was 3ir. Young,.... 10 important to get them out without waiting for any other work. Ilence it was thought best that Total,... 3,000 the Secretary should attend to this distribution. Mr. PATTERSON representing Lee county If we put it all into the hands of one person, with fir. J,ohutlston * and the circulation of the debates, the constitutions, Mr. ROBINSON representing Des Mioines and the journals, as the journals will bA printed county with Mr. Hall, the numbers for the off tnil completed first, their distribution woild whole county were placed opposite the first! be delayed until the debates could be finishted, name in each case. wh i'ncil will riot be behfre July or August, nearly the tlme when thle peol,)le will li- expected to The next resolution was read as follows vote Upon tte constitutio. Our obj:et is to get the information before the people inimerdiately, Co?,pensation of Secretary. and we therefore divided the distribution, mak ing it the duity of the Secretary of the conven "6. Reseolved, That T. J. Saunders, the Secre- tion to distribute the constitutions and the jourtary of this convention. be employed to index, nals, so that there shall be no delay. That is superintend the printing of, and distribute the the object of the resolution. journals and constitutions herein provided for; Mr GOill neely inquire if under Mr. GOWAER. I waill mierely inquire if, under .and that he be allowed the sum of three hun- he preseiit rranfeinert as the rep-rts, journals, dred.-nd fifty dollars as a compensation in full Ainitia ontittiii aud the (Grmai constifor said services." J ~~for sat~ld services." Itution are all of tten t(o be published in diff:r t. G(OWERP moved the following amend- eit pia'ices, their listiiblriort over the state is to ment: be paid for individualliy aind separately. "Resolvcd, That there be but one person em- Mr CLLA.KE, of Jobtion. No, sir; the rployed to distribute our reports, journals, and pot of the ecl co ittee only contemplates port of the specia,l. committee only contemplates American and German constitutions, and that epiyig two persons This report contem employing two persons. This report centera-n the publishers deliver to the person so em- platesein floyingthe secretary of the convention Ploy(-(." 1 ~~plo ~~ytil."! to distribute the journals arnd the constitution Mir. GOWER. It appears that these are to be both in English aid in German. The rep)irt of published at different places; but they can the other committee gives the superintending I I II I 38th Day.] 985 [March *tlj. COPIRS. 40 10 50 150 225 25 10 30 350 375 90 50 40 40 150 20 40 375 25 40 75 90 300 40 40 :30 20 40 40 50 40 10 3,000 g Lee county [3Sth Day. GlLLASPY-IIALL-CLARK-EDWAtR1)S-WILSON-ELLS. [MLarch 4th and the indexing of the debates to the reporter, dollars mileage. At the last general assembly and the distribution to the sergeant-at-arms. members claimed mileage round through Illi The amendment was rejected. nois. I do not think we are justly entitled to mileage in traveling through Illinois. I have MNr. GILLASPY moved to aidd that the copies i M.ILshould be sent to the members. no doubt that the gentlemen who claimed that mileage were sincere and honest. I do not wish The amendment was agreed to. to say anything against that. But it is a differ Mlr. HALL moved to add the following: ence of opinion. So fair as I am concerned, I "tlesohed, That Henry P. Scholte, of Pella, cannot look upon it in any other light than Marion county, be employed to translate and wrong. It is wrong in every light in which I print one thousand copies of the constitution in can view it. the Holland language, and that he be required I therefore hope the convention will not folto distribute the same to the Hollanders in this low the precedent established by the last general state; anid that he receive the usual comupensa- assembly. I do not want more than that, and I tion for his services and postage." hope others will be satisfied. The amendment was agreed to. Mr. ELLS. I very heartily concur in the re The resolutions as amended were agreed to. mark, that we have a character of our own; and I hope we shall sustain it. MJileage. Mr. CLARK, ofAlamakee. I have beensome -hat interested and amused at certain positions MIr. CLARK, of Alamakee, offered the follow- taken here in this convention, and I have found iLg resolution: that in almost every position taken by certain members, the proceedings of the last legislature "Re.solved, That the committee on expendi- have been law and gospel to them. How have tures be instructed to report the mileage of we acted this morning? Two or three reports members of this convention, upon the same from special committees came in here, reporting principles and the same construction that was the amount of pay to be allowed to certain offiallowed senators in the last general assembly." cers, putting it upon the same ratio that is now Mr. EDWARDS. I regret exceedingly that I fixed for the state printer. Who fixed the pay cannot vote for that resolution, offered by my of the state printer? It was the last legislature, friend from Alamakee. That general assembly was it not? We have found the same principle may have done some things that I cannot en- acted upon from the commencement of the condorse; if they have done anything wrong I do vention to the present time. Almost universally not wish to endorse it. If there were any mem- that principle holds good; but wherein that achers of that general assembly who robbed the tion happens to be distasteful, then the proceedstate in violation of law, I do not wish, for one, ings of that legislature must be set aside; then to endorse it. We have a law to govern us; it will not do. Upon the fourth day ofthisconand we can be our own judges of what is right venrtion, I find that the following resolution, and what is wrong, as well as our masters, the based upon this principle, was offered by Mr. general assembly of this state. I am opposed Clarke, of Johnson, and agreed to by the convento this resolution. I am disposed to do justice tion: to the gentleman from Alamakee, or to any oth- " Resolved, That John Teesdale be employed er gentleman with regard to mileage, but I can- to do the incidental printing of the convention, not vote for a resolution that I regard so pre- at the prices now paid the state printer forsimiposterous as this. lar kinds of work." Mr. GILLASPY. That resolution, if adopted, Now what is sauce for the goose is sauce for operates hardly upon the gentleman from Lucas, the gander. I find that these special resolutions [AMr. Edwards,] for the senator from that dis- were offered by men who had special friends irict lives some thirty-five miles nearer to Iowa here. And I find that when they are to be voted city than the gentleman himself; so that if we upon, and when these friends are to have a lift, adopt that construction- the acts of the legislature are law and gospel .,%r. EDWARDS. No, sir; it is about the all the time. But when the principle is to be same distance. applied generally to the convention, and when Mr. GILLASPY. Then I was misinformed. they are not to be benefiltedl, then they want a different rule here. So far as the gentleman is Mr. WILSON. I hope the convention will not concerned, and I may say the same of all the adopt that resolution. I am opposed to it be- rest, I believe they are upright and sincere in cause I believe it is wrong. I believe that the this. If the rules established by the legislature act of the last general asspmbly, granting mile- are good in one case, they should be good in age, according to the construction sought to be another case. It will not do to say that in applied in this case, was wrong. By the coii- ninety-nine cases out of a hundred which may struction which is sought to be given, I should arise, we will be governed by the rules estabbe entitled to fifty dollars mileage; whereas I lished by the legislature, and the pay given by am justly entitled to about eighteen dollars. I them for similar work, and then in the hununderstand that some members of the western dredth case say that the rule shall not be foldistricts go up as high as a hundred and twenty lowed. They should not have begun, unless 986 MILEAGE. Wedziesday] 38th Day] MILEAGE. 987 -Vdedy I-WRSOAKWRE-IALGLAP. ~ ae t same time, if I had been upon my own private business. Is there any justice or reasoni in say ing that I shall receive from the state less than what I actually pay for my traveling expenses, and less than what the act which called me here by a fair construction would give me? Cer tainly not. I apprehend that the legislature es tablished this principle, and that the succeed ing legislature voted upon that principle in adopting their pay per mile upon the route to be traveled when they adjourned, which was the same by which we traveled in coming to this place. Mr. EDWARDS offered the following substi tute for the resolution: '1 Resolved, That each member hand into the secretary a statement in writing of the mileage: he is entitled to, together wish the route of travel he claims upon, to be acted upon by the convention." Mr. CLARK, of Alamakee. I shall be op posed to that amendment, if it is intended that these statements, thus furnished by members, are togo to the committee on expenditures. Mr. EDWARDS. Then let them be acted up on directly by the convention. Mr. CLARK, of Alamakee. I cannot consent to have it go to the committee in that shape, though I am willing to have the matter settled by the convention. Mr. WARREN. I want to have a vote upon this matter, which shall be a test vote. If gentlemen are disposed to vote down this resolution as it now stands, then let them do so. If it is adopted then the committee will be instruct ed to report in the manner here proposed. Mr. HALL. I hope the resolution of the gentleman from Lucas [Mr. Edwards] will be adopted, and that this convention will thus say that they will trust their members far enough to take their own statements upon this matter. It seems to me there is honor enough among members of this convention to justify us in trusting each other. Each member will be responsible only for his own statemen, and not for that of any other member. This resolution does not commit us either one way or the other. I do not think any member here will claim an improper amount of mileage. Each member knows the usually traveled route from his district to this place, better than any other member can know it. And I am willing tosay that, when any member has presented his statement here, I will believe him to be honest, and act upon it accordingly. I hope that we will show at least this much courtesy towards each other. Mr. GILLASPY. I occupy the same position as does the gentleman from Des Moines, [Mr. Hall.] I do not wish to set myself up in judgment upon the amount of mileage due to any m~,mber upon this floor. i know it was announced by the gentleman from Benton [Mr. Traer,] in the early part of our session, that the members of this convention were disposed to steal, and the gentleman from Henry [Mr. they were willing to follow it out. I hold in my hand the act of t he legislature, which called t his convention toge ther; and le t us see for a moment what it says. II Section 8. Each delegate shall r ecei ve three dollars p er day fro m the state treasury, for each day that the convention shall be in session; and three dollar s fo r every t wenty miles t raveled in going to and returningfrom s aid convention; the sai d milea ge t o be computed by the usually traveled route." Now, what is the fair construction of that? Miy friend from Jefferson says it will not do to pay for going fround by the railroad, because, forsootb, w e go into Illinois. The legislature which called the convention together, which passed the law upon which our action is predicated, meant to say, and did say by their own common-sense construction of the very phrase, that the usually traveled route means the usually traveled route at the time the traveling is required to be done. Any other construction would make nonsense of it. If this was intended to apply to the time when the traveling is required to be performed, then there is a contract between the state upon the one side, and members of the convention upon the other side, that we shall have this mileage. It is true, we might take up our line of march direct for the state capitol, and run the risk of lying out over night, or being obliged to go on horseback or on foot part of the way, and thus might possibly have come by the usual summer route at the time when we were required to come; but that is not the route which any prudent man, attending to his own business, and paying his own expenses, would follow in traveling from that place to this; and therefore at the time when we were required to come it was not the usually traveled route. I can see no othier fair construction than this. I wish to remind gentlemen that they have been pretty liberal in getting through appropriations for some of their friends. There is no mistake about that. I find no fault with it. I do not believe any man should be required to work for the state without a fair compensation, one that will at least enable him to live. But I am sorry to see that when that is accomplished and got through with, the same gentlemen turn round, and because they cannot receive any pecuniary profit from it, pursue a niggardly, parsimonious, picayune policy as to the mileage of members of this convention. Let us look at it for a moment. Take my own case. Give me the m ileage which gentlem en want to pay, by the nearest traveled route in any season of the year, and my expenses will be some thirty dollars m ore than the mileag e give n me for going and returning. Yet I traveled the usually traveled route at the time the traveling was required to be done. I traveled the same route I should have taken ifI had had occasion to come to Iowa City on my own private business, paying my own expenses. I want pay for no more than the actual number of miles traveled, and which I would have traveled at the . 38th Day] 311LEAGE. 987 Wednesday] EDWARDS-CLARK-WARREN-IIALL-GILLASPY. [March 4th M3ILEAGE. WVednesday] CLAK-IIAP.,RIS —CLArEKE, of II. [falarch 4th Clarke] said that they would go home with the that the secretary of state be called upon to supword'thief' piqned upon their backs. Now I ply these reports to those members only who am tinot disposed to believe that any member should request them of him. here will do a~ny such thing. here will do any such thing. In regard to the resolution now pending, I It matters not to me what action this con- have but this to say, that while the gentleman vent on macv take in regard to this subject of from Des Moines [Mr. Hall] made almost the remileage. I expect to claim merely the amount marks that were upon my own lips, in regard to of mileage that has been heretofore paid to mem- allowing members here to send in their own acbers of the legislature from my district, that is, counts for mileage, and have them audited withby the overland route; although the last three out any further action of this convention,times that I cameto this capitol, I came by the while I concur with the gentleman, and am way of Burlington, through Illinois. That is perfectly willingto abide by that course, and althe usually traveled route, at this season of the low every member to defend his own account year. I shall, however, not take a dollar over before his constituents, still I am perfectly wilthe amount of mileage due by the route from ting that gentlemen who are anxious to estabthis place, across the country to my town. lish a correct principle upon which mileage But such may not be the case with other should bereckoned, should have an opportunity gentlemen here. And I am disposed, by my vote, to give their votes to that end. to leave this matter entirely to them, for they The language of the act calling this convenknow better than I do, the usually traveled routes tion together, is as follows: from their homes to this place. I am willing to go for the resolution of the gentleman from Al- "Each delegate shall receive three dollars per amakee, [o r. Clark] whilet o the etesa me time I day from the state treasury for each day's ate will say t hat if it shoul d allow me me memile- tendance in said convention, and three dollars will say that if it should allow me m ore miles' travel in going to, and for every twenty miles' travel in going, to, and age by the way of Pond Creek, Illinois, and Bur returning from, said convention; the mileage to lington, I will not avail myself of it, but take be computed by the usually traveled route." merely the mileage according to the overland be computed by the usually traveled route. route. I do not believe there is a member up- That language might be differently construed on this floor, who will hand in to the secretary by different individuals; and a person might other than a true statement of the number of honestly come here and charge mileage by the miles he was necessarily compelled to travel, at route he traveled in coming here. Of course the time he came here. the legislature, when putting this provision in Mr. CLARK, of Al,maikee. I do not claim that act, supposed that "the usually traveled mileage for myself, by the way of Illinois, and I route" would be, not the route then usually will 0ot Dtke it. But it is the principle thiat I traveled, at the time of the passage of the act, am con tei for. | but the route usually traveled when delegates to lr.-IA,I.~. I ocuLpy the same position this convention should come from their homes wirh the eeeiman ftoh \Wapello, [M,Ir. Gillias here, and return from here home again. Now wi] I xeth th ae ~,,l~i-l,,ni, omilap:elo byir thGuullys pyI 3 ejoet to take mile~ie by the usually Igentlemen may find that, from the condition of traveed route across thecoutry to my town. the ountry, in consequence of the carrying I cert.inylv hoinld riot, as I view this matter, feel away of the bridges, &c., by the late flood, they at li)erty to take mleages ill any other way. I Crainot take a direct route homne, and the usualdo no kt k ow at getlemnl here desire to take ly t aveled route when they came here is not the anything more than that. I am not, however, usually traveled route at this timne, and they will, disposed] to set myself alp here as to what the consequently, be compelled to go honie by some rest of the convention should do in this matter. other way. I want them to decidethis matterfior themselves. Now what did the legislature contemplate I shall, therefore, vote for the proposition of when they passed this act? They contemnplated the gentleman firom Lucas [Mr. Edwards. that delegates would act honestly, and come here Mr. CLARKE, of Henry. I regret that my by the usually traveled routes, at the time this friend boll-l Wapello [Ir. Gillaspy] should mois- convention assembled. If they had to travel understand me, for tilee his heretofore gener- one hundred miles or five "hundredl miles to get ally been a pretty good bunlerstanilg between here, they should be paid by the route they us. But he has misqu)ted ne. My remarks traveled. That is what the legislature intended, about our gosin, home with the word "thief" pinn- not tlhat mileage should be computed by an air ed upon our backs, were made in reply to some line. Now, if a delegate resides, for instance, remarks made by some gentleman here, while in Alamakee county, and cannot possibly get we were considlering the resolution for supplying here7 except by going around through Illinois, ourselves with the reports of the supreme court why should he not be allowed mileage for the of this state. Some gentleman made use of distance he is compelled to travel, the same as language here, which I thought, at the time, im- a man who could come here from his place of pugned the motives of those who advocated that residence by an air line? The legislature meant resolution. And I said, that in order that that by "usually traveled route," the route you are gentieman, should not be under the necessity compelled to travel. of going home with the word "thief" pinned Now who constitute the best authority to conupon his back, I would move an amendment, strue this law? The law makers, themselves; 988 [38th Day. i 3t Da. IEAE 8 WVednesday] EDWARDS-IHALL-CLARK-DAY-MARVIN-SOLOM.ON-YOUNG, &c. [March 4th the legislature that passed the law. They have The previous question having been seconded, given it a construction, and have acted upon it. the main question was ordered to be now put. Now I do not know what that construction is. The main question was upon the resolution. ' b&xe mee n xae it. But I know what my Upon this question own idea of it is. I know what I shall charge. Mr EDWARDS called for the yeas and nays, I intend to charge mileage by the route I came A tr EDWARDS called forde threas and nays, here. I traveled about sixty miles, while an air- \ n they were according orere line would be only about fitty miles. I do not The auestion being thlen taken, by yeas and know by nh-owt nertak o I fo'ome. y nays, upon the resolution, it was not adopted; I shall not undertake to judge for other men. yeas 10, nay s 23, as follows: Those who passed this law have put a construe- Yeas-Messrs. Ayres, Clark of Alamakee, tion upon it. The gentleman from Jefferson, Clarke of Henry, Emerson, Gibson, Peters, [Mr. Wilson,] says that it was a wrong construc- Price, Scott, Seely and Solomon. tion. I do not know how he can be better qa- Nays-The President, Messrs. Bunker, Clarke ified to give the proper construction of that law ay rs, ls une, G w than those who passed it. It may be that he is, of Johnson, Day, Edwards, Ells, Gillaspy, Gow but I believe that the legislature is the best au- er ray, Hall, Harris, Hollingsworth, Johnston, tr Alamakee Palmer, Parvin, Patterson, Robinson, Todhunter, thority. All that the ge ntlema n from Traer, Warren, Wilson, Winchester and Young. [Mr. Clark,] asks, is, that the construction shall be given to this law that its framers have Mr. DAY, when his name was called, said: I given it. I shall vote in favor of his resolution, think the principle established by the general as whatever those instructions may be. sembly, in regard to mileage, went too far. As Mr. EDWARDS. There are several members I understand it, they claimed mileage through here who desire a direct vote upon the resolu- one section of country at the time there was a tion of the gentleman from Alamakee, [Mr. I perfectly good and a shorter road, by stage, Clarke.] I will, therefore, withdraw my substi- throug'l another section of country. I therefore tute for the present, in order that a direct vote vote "no.-" may t e taken upon his resolution. Mir. MARVIN, when his name was called, said: The question recurred upon the resolution of- I should like to be excused from voting, as I do fered by Mr. Clark, of Alamakee, which was not know what the senate did in this matter. I read as follows. therefore decline voting. "Resolved, That the committee on expendi- Mr. SOLOMON, when his name was called, tures be instructed to report the mileage ofmem- said: I shall vote in favor of this resolution, bars of this convention upon the same princi- upon this principle: our legislature has the dis ples and the same construction that was allowed tribution of the funds of the State, and they all senators in the last general assembly." come from the same districts that we come from. Mr. HALL. I move to lay this resolution up- And as they paid themselves, I am willing to be on the table, for the purpose of offering the one paid, though I do not know what it is. indicated a short time since by the gentleman Mr. YOUNG moved that the convention now from Lucas, [.M1:. Edwards.] from Lucas, [M:. Edwards.] take a recess till 2 o'clock P. M. Mr. CLARK, of Alamakee. I am willing to ta ee tl o withdraw my resolution, as long as the mo- Mr. JOHNSTON. I hlope the gentleman from tion to lay it upon the table has been made, and Mahaska, [Mr. Young,] will withdraw that mo let the question be taken upon the one offered tion for the present, for this reason. The cor by the gentleman from Lucas, [Mir. Edwards.] mittee on expenditures desire to have some de Objection was made to withdrawing the reso- cision of the convention upon this subject of lution. mileage. The resolution of the gentleman from The question recurred upon the motion to lay Alamakee, [Mr. Clark,] was intended to give the resolution upon the table. instructions to the committee. As that has Upon this question the yeas and nays were been voted down, we desire to have some other ordered. instructions given us. The question being then taken, by yeas and Mr. YOUNG. I cannot withdraw the motion. nays, upon the motion to lay upon the table, it Upon this motion — was not agreed to; yeas 12, nays 22, as follows: Mr. HALL called for the yeas and nays, and Yeas-The President, Messrs. Day, Gillaspy, they were ordered accordingly. Hall, Harris, Hollingsworth, Johnston, Palmer Patterson, Robinson, Solomon and Warren. e, uThe question being then taken, by yeas and Nays-Messrs Ayres, Bunkera Clak of Am nays, upon the motion to take a recess, it was Nays —Messrs. Ayres, Bunker, Clark of Alama- NaysIesrs. yre~bu~er7C~lrkofAlao Inot agreed to; yeas 10, nays 24, as follows' kee, Clarke of Henry, Clarke of Johnson, Ed- no agreed to; yeas 10, nays 24, as follows: wards, Ells, Emerson, Gibson, Gower, Gray, Yeas-The President, Messrs. Bunker, Clarke Marvin, Parvin, Peters, Price, Scott, Seely, Tod- of Johnson, Edwards, Gower, Hollingsworth, hunter, Traer, Wilson, Winchester and Young. Parvin, Todhnnter, Wilson and Young. The question recurred upon the resolution. Nays-Messrs. Ayres, Clark of Alamakee, Upon this question- Clarke of Henry, Day, Ells, Emerson, Gibson, Mr. EDWARDS called for the previous ques- Gillaspy, Gray, Hall, Harris, Johnston, Marvin, tion. t Palmer, Patterson, Peters, Price, Robinson, MILEAGE. 989 38th Day.] i 125 MILEAGE-PER DIEM OF MEMBERS, &C. [38th Day. Wednesday] HALL-GRAY-SOLOMON-CLARKE, of J.-TRAER —CLARK, &c ment, would be in violation of law, and not recognizing the right of this convention to impose any such duty upon me, I beg leave to decline serving any longer upon tihat committee. Mr. SOLOMON. I move that the gentleman be excused from further serving upon the committee on expenditures. The question being taken, the motion was agreed to. The PRESIDENT appointed Mr. Bunker upon the committee, in place of Mr. Clarke, of Johnson, who was excused from serving. Scott, Seely, Solomon, Traer, Warren and Win chester. Mr. HALL. I offer the following resolution which is that of the gentleman from Lucas, [Mr Edwards,] with some modifications: ",Resolved, That each member hand in to th~ secretary a statement in writing of the mileage to which he is entitled, with the route of trave he claims upon; and that such statements be ta ken as the true mileage of members." Upon this resolution Mr. HALL called for the previous question. Mr. GRAY offered the following as a substi tute for the resolution: "Resolved, That the mileage of members of this convention be computed upon the basis ot the nearest distances traversed by the United States mails, between the residences of m em be r s an d this capitol." Mr. HALL. Can a substitute be offered after I have called fo r th e previous question? The PRESIDENT. The chair did not hear a second to the call, before the gentleman from Linn, [Mr. Gray,] offered his substitute. Mr. SOLOMON. I seconded the call for the previous question as soon as it was made. The PR ESID ENT. Th e que stion then isShall the main question be now put? The question being taken, the main question was then ordered. The question was upon the resolution. Upon this question Mr. CLARKE, of Johnson, called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yreas and nays, upon the resolution, it was adopted; yeas 22, nays 12, as follows: Yeas-o Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Edwards, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Mfarvin, Palmer, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Warren and Winchester. Nays-The President, Messrs. Bunker, Clarke of Johnson, Ells, Gower, Gray, Hollingsworth, Parvin, Todhunter, Traer, Wilson and Young. On motion of Mr. TRAER, The convention then took a recess until 2 o'clock P. M. t Mr. CLARK, of Alamakee, offered the follow1ing resolution: 3t Reso lved, That theper diem allowed members of this convention, shall not be so construed as r to allow members pay per day for the time they may have been absent from this convention." Mr. HALL. Some of our members have been l prevented from attending here in consequence of sickness. Mr. CLARK, of Alamakee. I have no desire to have my resolution affect any members who have been detained from here on account of sickness. I will, therefore, modify my resolu tion by adding to it the words, "except those absent on account of sickness." Mr. WARREN moved to lay the resolution upon the taule. Upon this motion AMr. CLARK, of Allmakee, called for the yeas and nays, and they were accordingly ordered. Mr. SKIFF. I ask to be excused from voting, as I am somewhat interested in this matter, having been absent from this convention about a week. No objection being made, 3lr. Skiff was ex. cused from voting. The question being then taken, by yeas and nays, upon the motion lo lay the resolution upon the table, it was agreed to; yeas 18, nays 14, as follows: Yeas-The President, Messrs. Ells, Emerson, Gibson, Gillaspy, Gower, Hall, Johnston, Palm-' er, Patterson, Peters, Price, Robinson, Seely, Solomon, Traer, Warren and Winchester. Nays-Messrs. Ayres, Bunker, Clark of Ala makee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Gray, Harris, Hollingsworth, Marvin, Parvin, Todhunter and Young. The convention re-assembled at 2 o'clock P. M., and was called to order by the President. Mr. CLARKE, of Johnson. Regarding the vote taken this morning, just before the recess, upon the resolution concerning the mileage of members, as instructions to the committee on expenditures to do an act, which, in my judg. sMr. CLARK, of Alamakee, offered the following preamble and resolution: " WHEREAS, By resolutions of this convention each member thereof has been supplied with a copy each of Clarke's Iowa Reports, Code of 990 [Diarch 4th Per Die7n of Jfember8. EVENING SESSION. Returning Documents to the State. 38th Day] RETURNING DOCUMENTS TO THE STATE, &C. Wediiesday] TR AER-GILLASPY-CLARK-DAY-TODIIUNTER-MARVIN, &c. Iowa, Cushing's Manual, Constitutions of the several States of this Union, and a map of Iowa, for the purpose of affording said members information necessary to qualify them to discharge their duties to the best advantage, in forming a constitution for this State; " A-ND WIIEaEAS, Said object will have been attained at the final adjournment of this convention, and said books can be of no farther use to said members, after such adjournment; there. fore, Mr. TODHUNTER offered the following resolution: "Resolved, That this convention rescind the resolution, adopted some days since, to adjourn on the fourth day of March, 1857, without day." Mr. HALL moved to lay the resolution upon the table. Mr. TODHUNTER. It is certainly distinctly understood, by every member here, that eve can. not adjourn to-day, and we must, therefore, rescind this resolution. Upon the motion to lay upon the table Mr. GRAY called for the yeas and nays, and they were accordingly ordered. The question being then taken, by yeas and nays, upon the motion to lay the resolution upon the table, it was agreed to; yeas 18, nays 17, as fo llow s: Yeas-The President, Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price, Robinson, Solomon, Traer, Warren and Winchester. Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Todhunter, Wilson and Young. " Resolved, That each member of said conven tion is hereby required to return to the Secretary of State, after said adjournment, the above named books, and take his receipt for the same." Mr. TRAER. I move to amend the resolution so as to permit the gentleman from Alamakeeo [Mr. Clark,] to do so, if he pleases. Mr GILLASPY. I would suggest that the resolution be so amended as r.ot to include those members who have sold their reports. Mr. CLARK, of Alamakee. I have no right to assume that any member has done so. Mr. DAY. Each of us have had a very fine pen-knife furnished us by the State. We shall have no farther use for them, so far as the work of the State is concerned, after our adjourn ment. It might perhaps be well to amend the resolution so as to include our knives. Mr. TODHUNTER moved to lay the resolu tion upon the table. Mr. MIARVIN. I desire to adjourn, at least sometime this week. Now I have always heard that there was but one step from the sublime to the ridiculous. The PRESIDENT. The chair will observe to the gentleman from Jones, [Mr. Marvin,] that while he is always happy to hear him speak, the question now before the convention is not debatable. Mr. CLARK, of Alamakee. I hope the gen tleman will be allowed to go on. I have my self often heard that there was but one step from the sublime to the ridiculous, and I would like to have the gentleman state the position he occupies. The PRESIDENT. The question is upon the motion to lay the resolution upon the table. Upon this motion Mr. CLARK, of Alamakee, called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, upon the motion to lay the resolution upon the table, it was agreed to; yeas 25, nays 9, as follows: Yeas —The President, Messrs. Ayres, Day, Edwards, Ells, Emerson, Gibson, Gower, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer and Warren. Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gillaspy, S Gray, Parvin, Winchester and Young. On motion of Mr. HALL The convention then resumed the consideration of the article on " school funds and school lands." The question was upon the following amendments, proposed by Mr. Solomon: First. To strike out of section five the following words: " And it shall be the duty of the general assembly as soon-as may be, to provide effectual means for the improvement and permanent security of the funds of said university;" so that the section would then read: "The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or gr anted by the United States, or any person or persons, to this state, for the use of a university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said University, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant." Second. To strike fore section six the words, "'and county;" so that the section would read: 991 [March 4th Adjournment Sine Die. School Funds and School Lands. Borrowing School Fund by the State. BORROWING SCHOOL FUND BY THE STATE. [38th Day. WVednesday] "The financial agents of the school funds shall be the same, that by law, receive and control the state revenue, for other civil purposes, under such regulations as may be provided by law." Third; to strike out section seven,which reads: The money subject to the support and main- tenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of live and twenty-one t vears, in such manner as may be provided by the general assembly."' And insert in lieu thereof the following: "For the purpose of erecting charitable in- stitutions, and other public buildings of this state, the general assembly may provide by law for norrowing from the school and university fund, for a series of years, such sum or sums as they may deem necessary for such purpose, for which they shall annually pay to the school fund interest at the rate of per cent. per annum." )Ar. SOLOMON. I have but a few remarks to offer, in explanation of this proposition. I do hope this principle will be incorporated into the constitution, in some shape or other. We are told by those who have the means of knowing, that the school fund which has been entrusted to this state, for the benefit of the children of Iowa, is surely disappearing, in consequence of some difficulty or derangement in the present system of managing that fund. And I, for one, feel that we will not have discharged our duties as members of this convention, unless we shall provide some system for the management and preservation of that fund, different from the one we now have. I propose this plan, after con sultation with some of the members, from the fact that I believe it will preserve the fund better than any other plan proposed, and at the same time enable the state, as a state, to profit by the use of that fund. Now the proposition I have here submitted, if it be adopted, will enable us to erect all these public buildings that we must provide for, enable us to build fine, large and co mmodiou s buildings, such as will be al honor to the state for the present, a nd f or all f utu re time, and will place the burden of these buildings upon th e future ta x payer s of the state. Th is is the reason, to state it in one word,why I offer this proposition. It is a notorious that this school fund, which was give n to us as t r uste e to protect and us e i t profitably, was inte nded by the donors to be a means of preserving and str engthening the morals and virtue of the comlmunity. But while that object is kn own, i t is equ ally noto rious to the people that, instead of subserving that pur - pose, this school fund has b ecome a means of corruption with office seekers, rather a corruption fund th an anything else. It is on ly to re - move it beyond the re ach of any such dangers as that, that I propose to loan it to the state. The school fund, at present, is distributed throughout the various counties of this state. And gentlemen will no doubt oppose my proposition, from the fact that it wil require the collectioni of this fund from the several counties, and placing it in the hands of the state officers for that purpose. I am opposed to the present disposition of our school fund, from the fact that it inaugurates and ma int a ins in our state a system, which enables corrupt office-holders and others to carry out their own personal aggrandizement, in the way in which they loan out this money. The public at large derive no benefit from this fund; and not only that, but the public at large have no exact information concerning the precise condition of this fund at the present time. And not only are the public at large deprived of this information, but I undertake to say —for I have tried it —that no man can get at a knowledge of the present condition of the school fund in this state, so loose is the system that has been pursued in its management. I propose by this amendment to loan this fund directly to the state of Iowa, for a series of years, to be used for certain purposes, at a given rate of interest. I think we can make no other disposition of this fund, which will have a tendency to secure and preserve it, better than to loan it to the state of Iowa, and let the state become indebted to the school fund for that amount, and let the interest, be it what it may, be paid annually to that fund, and when paid be dis I,O 92 (March 4th SOLO.,NION. I desire to state here, at the beginning of my remarks, that I am informed by one of the state officers who has the money belonging to this fund in custody, that there is now about a hundred and eighty-five thousand dollars of the school fund in his possession, which will soom be distributed by him, according to the laws of the state. I also learned, in conversation with him, that if any decided action was taken by this convention, which would indicate a change in the manner of disposing of this fund, he would perhaps delay the distribution of it. 38th Day.] BORROWING SCHOOL FUND BY THE STATE. SOLO.IION-CLARK —WILSON-GILLASPY-IIARRIS. [MIarch 4th exception of taking the balance of the fund and investing it in United States or state stocks. I do not like that feature of the minority report, though I would go for that even, before I would consent to let the fund remain where it is. I hope my proposition will meet with the favor which I think it deserves, but which I am fearful it will not receive from the fact that it proposes to draw this fund from the constituents of members upon this floor. Mr. WILSON. I hope this amendment will not be adopted. I am astonished that it should find favor at the hands of some gentlemen who voted for the lowest sum, in the article upon state debts, as the limi t of stat e indebtedness. This is simply a sche me to increase the amount that the state may go in to debt, to the entire amount ofthie school fund; and the only object I can perceive for doing this, is to place in the hands ofthe state this school fund t o build a capitol at Fort Des Moines, and the various charitableinstitutions of the s t ate. Now I am opposed to that. I am o pposed to pla cin g the school fund of this state in any such condition. I am sati sfied that if this convention should go to work now and prepare and adopt a scheme by which to withdraw this school fund from th e several counties of t he state, i t would be the greatest loead th at we could pla ce upo n this constituti on. I do not see why tth e legislature cannot take charg e of this matter. There is nothing to pre vent the legislature from pursuing the course here proposed, except that if they propose to make a debt to exceed the sum of two hundred and fifty thousand dollars, the y must submit th e question t o the people. Mr. GILLASPY. I am opposed both to the minority report and the amendment of the gentleman from Mills [MVr. Solomon.] I understand from that gentleman that there is now in the hands of the state treasurer, ready for distribution among the several counties of the state, the sum of one hundred and eighty thousand dollars, and that if there is any action taken by this convention concerning the disposition of our school fund, he will held on to this amount until August next. I can only say that I would myself be very glad to have this fund to spec:ulate upon till that time. I move to lay the minority report and this amendment upon the table. The PRESIDENT. The minority report is not before the convention, and is entitled to no more consideration, and has no higher dignity than an amendment submitted by an individual Now if past legislatures have permitted this fund to get into its present condition, I think that it is high time for us, who are here to frame our fundamental law, to say to the legislature what shall be done with this fund. I have been a resident of one of our neighbor ing states for some time. And I can recollect when the state of Illinois had a magnificent school fund, as much so as the state of Iowa now has, and it was derived from the same source as our school fund. And I have been informed by gentlemen from Illinois, acquainted with the matter, that at the present time there is really no school fund at all there now; it has been all lost through the negligence and mismanagement of the officers having charge of it. I may be answered that we have provided in this consti tution that such loans in this state shall be made up by the state. That is an additional reason why the state should have the care of this fund, if it is to be responsible for losses to it. It will doubtles s be said that it will be a great hardship upon the people of this state to draw in this fund at the present time. I do not think so. It can be no hardship upon a man who has borrowed from the school fund upon a mortgage, and agreed to pay a certain rate of interest, and the principal at a certain fixed time, which is the only way these loans can be legally madeit can be no hardship upon that man, to draw in this fund, at that time, as I have proposed here. I have another reason for offering this proposition, which I will state to those gentlemen who take the position that the people should not have this fund withdrawn from among them at the present time. I desire those gentlemen to con.sider one feature of this subject. This fund is not now equally distributed throughout the state of Iowa. I have been informed, and I believe it to be true, that the sum of o ne hu ndred and seventeen thousand dollars of this fund is, at this time, in one county of this state. This affords that county a great advantage, if there is any advantage at all in it. This taking this public fund and loaning it out among favorites, or placing it in the hands of a few, is, I think, a wrong disposition of it. I would ask the gentleman from Al,amakee, [Mr. Clark,] if that is the amount of this fund that is now in his county? MAr. SOLO.ION. I have been informed that it is one hundred and seventeen thousand dollars. Now I want this fund drawn in gradually, and loaned to the state to use in the way I have indicated, the state to be made responsible for it. And I want to say here that I have not offered this proposition to supersede the minority report of my friend fi'om Des MAoines [Mr. HIall] upon this subject. He and I talked this question over before he submitted that report, wad 1 agreed with him in his report, with the member. Mr. HARRIS. What would be the effect of the motion to lay the report and amendment upon the table? Would it carry the whole report and amendments with it? The PRESIDENT. It would. Mr. GILLASPY. I understood that we were considering the report upon school lands, introduced by the gentleman from Lee, [Mr. Johnston.] 993 U ednesdayl ,ir. CLARK, of Alavaakee. My impression is that it is about one hundred thousand dollars. SCHEDULE-LAWS OF THE STATE, &C. GILLASPY-tIALL-SKIFF-WILSON-CLARKE, of J., &c. [Mareh 4th Mr. CLARKE, of Henry. It has not yet been m a de. Mlr. SKIFF. I move that they be required to report. The PRESIDENT. We are now considering the article upon school funds and school lands. Nr. GILLASPY. I move to lay the anmendment offered by the gentleman from Mills, [MNr. Solomon] upon the table. The question %was taken, and the motion was agreed to. iAr. HALL. I have a proposition which I desire to submit, but I do not desire to create defate. I desire to leave the question in relation to the disposition of the school funds to be voted upon by the people. If gentlemen have any serious opposition to it, I will not insist upon it. I hope, however the convention will agree to receive it, asit is simply a proposition to be submitted to the people. MIr. SKIFF. I wish to ask the gentleman from Des Mloines, [Sir. Hall] if he would not as soon take up now some of the first articles of the constitution and pass them to a third read ing. MIr. IHALL. I do not think that there will be any discussion upon the proposition which I desire to submit. Sir. WVILSON. I shall oppose it. Mr. HALL. I might have known that. (Laughter.) Mr. CLARKE, of Johnson. I feel satisfied that there is a feeling existing in this convention which is utterly unfitting us to do our duty. While I am in favor of the proposition of the gentleman from Des Moines, [Mr. Hall], I do not wish to be compelled to vote upon it until I can read it. Most of the duty which the con vention has to do now, is to examine all the articles accurately, and correct any inaccura cies there may be in them. I think we had bet ter rescind the resolution for adjournment, and go to work. We have wasted time enough, and there has been enough bad feeling exhibited here already. Let us forget all this and go to work. The PRESIDENT. The question is now upon o ordering the article on school funds and school lands to a third reading, and referring it to the committee on revision, engrossment and enroll ment. mir. HALL. I move that that be agreed to. The question being taken, the motion was agreed to, and the article referred accordingly. M1r. SKIFF. I move that we take up the arti cle on the preamble and bill of rights, and r ead it the third time. The PRESIDENT. The Chair would remark that the article on schedule is ready for a second reading. Mlr. SKIFF. My object in taking up some of the first articles of the constitution is that they may go to the engrossing clerk. The PRESIDENT. The Chair was under the impression that the report of the comnmittee on engrossment and enrollment was not yet made. I Mr. PARVIN. I move that we take up the report of the committee on schedule. The question was taken, and the motion was agreed to. The report of the committee on the schedule was then read by sections for amendment. Section one was then read as follows: "This constitution shall be the supreme law of the State, and any law inconsistent therewith, shall be void. The General Assembly shall pass all laws necessary to carry this constituti o n into effect." No amendment was offered to this section. Section two was then read as follows: " All laws now in force and not inconsistent with the constitution, shall remain in force until they shall expire or be repealed." No amendment was offered to this section. Section three was then read as follows: "All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certi orari, a nd injunc tions, shall be carried on in the several courts, in the rsame. ma nner as now provided by law." Mr. HALL. I desire t o offe r an amendment to that section, which I think is a desirable one: "And all offensqs, misdemeanors, and crimes, that may have been committed before the taking effect of this constitution, shall be subject to indictment, and trial, and punishment, in the same manner as they would have been had not this constitution been made." Mr. WILSON. I wish to make a suggestion. I believe there is a section in this constitution which provides that certain minor offenses shall be tried without indictment, whereas the courts now bold under the present law that parties may be indicted for these offenses by the grand jury. I would suggest to the gentleman that he say, " except as herein provided." Mr. HALL. The question has been already decided by the supreme court, and the provision which I offer is made with direct reference to the law as now declared. The question was taken and the amendment was agreed to. 994 [38th Day. Wediiesday] Schedule. Laws of the State. Business pendigig in Courts. 38th Day.] FINES, PENALTIES, AND FORFEITURES, &C. -'e1edy sKF-o~-IsNPAMn ~ ae t occupy that position, accepted the offices to which they were elected at the risk of losing a lucrative practice at the bar, and at a great sacrifice on their part. It does not seem to me that the people expect we will throw these men out of their positions after they have been compelled to make a great sacrifice to accept them. I hope, therefore, that the motion of the gentleman from Jasper, [Mr. Skiff,] will not prevail. No other amendment was offered to the third section. Section four was then read as follows: " All fines, penalties, or forfeitures due, or to become due, or accruing to the State, or t o any county therein, or to the school fund, shall inure to the State, county, or school fund, in the manner prescribed by law." There being no amendments offere d to this section Mr. SKIFF. The supreme court judges are retained in office longer than other officers. If there should be any distinction made at all, in this matter, they should go out first. These judges have taken office just the same as we all would take office. In case a revolution in government takes place we all lose our places. They take their position upon the supreme court bench with the same understanding. If they were eminent lawyers, and had a fine practice before they went upon the bench, they can resume it as soon as they leave it, and make more money than by remaining upon the bench. If they consent to a re-election I have no doubt that they can be re-elected-if their party happens to be the winning party. I do notconsider that these judges will lose anything by the adoption of this propositon. I do not see any justice or propriety in continuing them in office unt il 185a 9. On e of the p rinciple rea sons urged for calling eoe the con vention to,et Per, was to give the election of these judges to the people, and not make them depedeent upon the legislature, mere creatures of tha t body. I am for giving the election of these officers to the people, and that as soon as we can. I desire to see some consisten cy in this matter, and I hope the amen dment wi ll p revail. The question was then taken, by yeas and nays, upon the amendment, and it was not agreed to; yeas 15, nays 18, as follows: Yeas-rsessrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, John ston, Palmer, Pat - tcrson, Pete r s, Price, Robinson, Skiff and Solomon. Nays-The President, Messrs. Bunker, Clark of Alamakee, Clark o e of Hei Clarke of Johnson, Edwards, Go wer, Gray, Hollingsworth, b Iarvin, Parvin, Scott, Seely, Todhunter, Traer, Wilson, Winchester and Young. Mr. PALMER. I move to strike out the words ' Lieutenant Governor." This section and the subsequent one seem to make a distinction as to the senators and representatives, with regard to the length of their offices. I do not wish to make any such distinction. I desire to amend this and the subsequent section, so as to make the members of the present legislature go out of office at once. I do not know but I would vote to retain them all as they are at present, at least for another session. I do not see any necessity for making any distinction between them. This section makes a distinction between a portion of the senators and rules out members of the house. The question was then taken, by yeas and Section five was then read as follows: "All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned." No amendment was offered to this section. Section six was then read as follows: " The first election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the State shall elect the Governor and Lieutenant Governor. There shall also be elected at such election, the successors of such State Senators as were elected at the August election, in th e year one thousand eight hundred and fifty-four, and members of the House of Representatives, who shall be elected in accordance with the act of apportionment, enacted by the seventh General Assembly of the State." Mr. SKIFF. I wish to offer an amendment to that section. Before the word "governor," I move to insert "judges of the supreme court." I wish to have the judges of the supreme court elected next October. The reason I have for offering this amendment I will explain briefly. I understand that the people of the state require a provision in the new constitution, that judges may be elected by the people; and I desire to give them, by the amendment I have offered, an opportunity to elect them at the very first elect ion after thi s c onstitution goes into effect. Perhaps we should not get any better judges than we now have. I am perfectly willing to re-elect them. Mr. GOWER. I taink they were elected for six years. They have had a bad bargain with respect to salaries thus far, and I think we should not provide for turning them out now, when we have just increased their compensation. Mr. WILSON. I cannot think that the people of this state, or the members of this convention, would put out of office the judges of the supreme court. It is well known that the men who now 995 SKIFF-GOWER-WILSON-PALMER. [.Dlarch Ath Wednesday] Fines, Penalties, and Forfeilitres. Bond8 to remain in force. Fir,3t Eleclion und6r this Cdnstitution. ELECTION OF MEMBERS OF CONGRESS, &C. [38th Day. Wednesday] IIARRIS-WILS()N-CLARKE, of J.-JIALL. [areh 4th Mr. WILSON. The election would take place in April, 1858, and that would be after the taking effect of this constitution. The question was then taken upon the amendment offered by Mr. Harris, and it was not agreed to. nays, upon the amendment, and it was not agreed to; yeas 14, nays 20, as follows: Yeas —Messrs. Ayres, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price, Robinson and Solomon. Nays-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young. No other amendments were offered to this section. The eighth section was then read as follows: "The first election for Judges of the Supreme Court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fiftynine." Mr. HALL. I wish to offer a substitute for th e si xth, seventh and e ighth sections. I would prefer, if it were practicable, to have the election of these officers come off in 1857; but it is desirable to have our general elections come o n e ven years, a nd at the same time that we elect members of congress. We elect members of congress upon the even year in order to have em ec an i me them elected at one time. I think it is desirable to have t he as few general election s as we can; once in two years is of ten enough. This brings our general elections on the same year with the pre sidenti a l election. The sections for which I propose a substitute, pr opose to ke e p the old constitution alive for certain purposes, and we thus have two constitutions, one of which is reject ed by the people, for about t wo yea rs. I do not bel ieve this is right, and I do not be lieve ge ntleme n c an put their hands upon te e r t a a t their hearts and say that they could go for any such measure. I want to show ho w this schedule will operate. One of these sections provides that the governor, lieu tenant governor, and a portion of the state sen ators, shall be elected in Oc tob er, 1857. Af ter this constitution is adopted and becomes th e s upreme law of the,dstate, you provide by an other section for the election of members of the house of representatives, under a law entirely different from the one in the constitution. You will not let this constitution govern the election in that case, but you take the law of the last legislature and supersede the constitution which we have adopted here. This is what these three sections of the schedule do in 1857. Then it lays down another rule; they say that the attorney, district attorney, and other state officers shall be elected in 1858, and here we have another portion of this constitution in force. You have both the old and new consti tutions in force by this schedule till 1859. Then yourallow the supreme court judges to be elected, although it has been decided more than two years before, that they shall be elected by the people under this constitution, that is, according to this schedule. After the people have adopt Section seven was then read as follows: "The first election for Secretary, Auditor, and Treasurer of State, Attorney General, District Attorneys, members of Congress, and such state officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven, except the Superintendent of Public Instruction, and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty-six, except prosecuting attorneys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-eight." Mr. HARRIS. I desire to offer an amendment to come in at the end of this section. I apprehend that there will be no objection on the part of the convention to it, as I presume gentlemen will not see any party move in it. I desire to offer simply a provision for an election that ought to come off in our judicial districts. This was one of the reasons that induced me to favor the proposition of re-districting the state, but I see that is not to be done. The amendment which I desire to offer is, to prevent a special session. The term of our Judge expires in 1858. By the provision made here, it is provided that the district judges, and other officers who were elected at the April elec tion in 1857, shall be elected again in 1858. The amendment which I desire to offer is this: " P rovided, that the term for which any dis trict judge, or other state or county officer, elected at the April election in 1858, shall not extend beyond the time fixed for filling like offices at the October election, in 1858." Mr. WILSON. I do not know that there can be any particular objection urged to the amend ment of the gentleman from Appanoose [Mr. Harris]. It simply provides that such judges as may be elected at the April election in 1858, shall hold on until the next October, when all the terms of office shall commence at the same time, and continue on regularly. Mr. CLARKE, of Johnson. It seems to me that the eleventh section covers the object de sired by the gentleman from Appanoose [Mr. Harris]. If the judge from the gentleman's district is elected prior to the taking effect of this constitution, he would hold on to his term of office under the eleventh section. II 996 Wednesday] IIARRIS-WILSON-CLARKE, of J.-HALL. [Blarch 4th No other araendment was offered to the reventh ection. Election of Supreme Judges, 4-c. Election of Jlenzbers of Congress, 4-c. ELECTION OF SUPREME JUDGES, &C. lVednesday] ed the constitution, you d'ole out, in the sched- other citizens of the State. Why should this ule, the election of these officers, by piece-meal,' especial favoritism be doled out here? It is and keep a portion of the old constitution for nothing more or less thani favoritism, and I in one purpose, and the new constitution for an- sist that we shall do away with it, and that we other. shall look to the great purpose of making the The proposition I make is to put off these fundamental law of the State. elections for a good length of time, then bring I am not disposed to detain the convention in the new constitution into effect at once, organ- discussing this matter, but I ask them to con ize under it, and let our general elections go on sider if there is any thing wrong or unfair in the biennially upon even years. The first session of proposition I now submit. I do not believe in the legislature is held in 1857. The)y apportion fettering and entangling the constitution in the the members, a part of which are elected under manner in which this schedule contemplates. I the old law, and not under this constitution at submit the following substitute, for the sections all. It does not allow them to be elected under I have moved to strike out: it, and it will not allow the people to have the " Sec. 6. The first election under this con benefit of the constitution, which they them- stitution shall be on the second Tuesday in Oc selves have adopted, but requires these members tober, 1858 at which election the electors of to be elected under a law passed by the general the State shall elect the Governor, Lieutenant assembly. After they district the state in 1857, Governor, Secretary, Auditor, and Treasurer of then they have the elections for the judicial State; Members of Congress, the Judges of the districts. I say that this is allwrong, and there Supreme Court and District Courts, Attorney is no necessity for adopting such a system. I General, District Attorneys, members of the will postpone, as long as it is necessary, the Senate and House of Representatives, and mem carrying of this constitution into effect, but I bers of the Board of Education. The Senators want it to become the supreme law of the land elected shall be classified as required under the as soon as possible, and all at once. present constitution. I should be very glad to kno~ why the first "Sec. 7. All officers under the present conelection under this constitution should be an stitution, and those who may be elected prior to election representing the last legislature, for I the election in October, 1858, shall hold their do say here that the apportionment under which offices until their successors are elected and this first election is so specially provided for, qualified under this constitution. being totally different from the manner of dis- Sec.. All elections authorized under the ~,. a, >.,.'~~~Sec. 8. All elections authorized under the tricting the state provided for in the constitu- constitution now in force, shall be held under v ~~~~~~~constitution now in force, shall be held under tion, is one of the most outrageous laws I ever I, ". ~~~~~~~~the p~resent constitution until the second Tuesheard of. It is an apportionment which enables d o cob ut day of October, 1858." twenty thousand minority of the people of this T o te,'ya state to control the government. Facts and The question was then taken, by yeas and figures will clearly demonstrate the truth of this nays, upon the substitute offered by Mr. tall, statement. Why then adhere to so unjust a and it was not agreed to; yeas 14, nays 21, as system as this? Why not adopt the more just foilows: method of apportioning the state, and allowing Yeas-Messrs. Ayres, Day, Emerson, Gibson, the elections held under it. to be under the pro- Gillaspy, Hall, Harris, Johnston, Palmer, Pattervisions of the constitution? There is no diffi- son, Peters, Price, Robinson and Solomon. cutlty under the mode of districting the state, Nays-The President, MIessrs. Bunker, Clark, for it is done in such a way that every body of Alamakee, Clarke of Henry, Clarke of Johnknows the number of senators and representa- son, Edwards, Ells, Gower, Gra,y, Hollingsworth, tires the counties will have. Marvin, Parvin, Scott, See, Skiff, Todhunter I am perfectly willing that the present legisla Traer, Warren, WVilson, Winchester and Young. ture, if we cannot do any better, shall meet and No other amendment was offered to the eighth district the State under the constitution for the section. general election which comes off in 1858. But I am not willing that they shall make the ju- Fir?st Session of the General Assembly. dicial districts in the constitution. I do not want to piece-meal out the constitution for the Section nine was then read as follows purpose of keeping some favorites in power. I "1 The first regular session of the General Asam sure that gentlemen cannot be serious in the sembly shall be held in the year one thousand position they take. If the people want the eight hundred and fifty-eight, commencing on judges, who are now in office, they have the the second Monday of January of said year." power to put them there. If they do not want No amendment was offered to this section. them there, why should we force them upon them?# them? Term of Senators now Elected. There is no necessity for making provision for these men. They should not be favored by this constitution, any more than any other class of Section ten was then read as follows: citizens, and should bear no higher relation than " Senators elected at the August election, in any other gentlemen upon this floor, or any the year one thousand eight hundred and fifty 126' 997 83th Day] [Iliarch 4th IIALL. TERM OF PRESENT OFFICERS, &C. [38th Day HALL —WINCIESTER-CLARK-WILSON-SKIFF. [March 4th 1 There is no provision made here for the ap1 portionment of senators at the next t, rm of the r general assembly. It should be done, by all 1 means, in justice to the new counties. Mr. CLARK, of Alam. kee. I would suggest to the gentleman from Hardin, [Mr. Winchester,] that he say "general assembly," instead of the senate and house of representatives." Mr. WINCHESTER. I accept the amend ment. Mr. WILSON. I am not able to speak author itatively, but I understand from the chairman of the committee on the legislative department, that the object, which the gentleman from HIlar din, [Mr. Winchester,] seeks to accomplish, is provided for in the article on the legislative de partment. The question was taken, and the amendment offered by Mr. Winchester was agreed to. Section eleven was then read as follows: "Every person elected by popular vote, by vote of the General Assembly, or who may hold office by executive appointment, which office is continued by this Constitution, and every person wno shall be so elected or appointed, to any such office, before the taking effect of this Constitution, (except as in this Constitution otherwise provided,) shall continue in office until the term for which such person has been or may be elected or appointed, shall expire; Provided, That no such person shall continue in office after the taking effect of this Constitution, for a longer period than the term of such office, in this Constitution prescribed." No amendment was offered to this section. Mr. HALL. I move to insert as section fourteen the following: "Sec. 14. The board of education shall be elected upon the second Tuesday of October, 1858." Oath of Office. That is as soon as they can be elected under this schedule. Mr. SKIFF. I will state to the gentleman that that is the amendment which I intended to propose to section seven, which would save one section. MIr. HALL withdrew his amendment. Section twelve was then read as follows: " On the taking effect of this Constitution, all officers thereby continued in office, shlall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this Constitution." Mr. HALL. I move to strike out this sec tion. The question was then taken, and the motion of Mr. Hall was agreed to, upon a division; ayes 14, noes 14. The fourteenth section was read, as follows: "The foregoing constitution shall be submitted to the electors of the state at the August election, in the year one thousand eight hundred and fifty-seven, in the several election districts in this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution,'new constitutionyes.' Those against the constitution,'new constitution-no.' The election shall be conducted in the same~nanner as the general elections of the state, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the code, and abstracts shall be forwarded to the secretary of state, which abstracts shall be canvassed in the manner provided for the canvass of state officers. And if it shall appear that a majority of all the votes cast at such election for and against this constitution are in favor of the same, the governor shall immediately issue his proclamation stating that fact, and such constitution shall be the constitution of the state of Iowa, and shall take effect from and after the publication of said proclamation." Mr. WINCHESTER. I move to amend this thection by strking out, in the same, in two Section thirteen was then read.'J " The General Assembly, at the first session under this Constitution, shall district the State into eleven Judicial Districts, for District Court purposes; and shall also provide for the apportionment of the members of the House of Representatives, in accordance with the provision of this Constitution." Mr. WINCHESTER. I m ove to amend this section by inserting between the word "representative," and the word'-in," the words " and the Senate;" so that the section would then read " The General Assembly, at the first session under this Constitution, shall district the State into eleven Judicial Districts for District Court purposes; and shall also provide for the apportionment of the members of the House of Representatives, and of the Sena e, in accordance with the provisions of this Constitution." 998 Wednesday] -Election of the Board of Education. T,'ote on thi3 Constitution. .Tudicial Districts, Itc. DIVISION OF LEE COUNTY. CLARKE, of U.-WILSON-SKIFF-JOHNSTON-PARvYIN, &c. [March 4th places, the word'new,' and inserting'revised.' I confess that the instrument has the appearance of a new constitution; but the law calling this convention together does not contemplate the formation of a new constitution, but simply that we should revise the old constitution. I think that this word would appear to come in conflict with the law which called us togteher, and that 'revised' would appear to be more consistent with that law. The motion was reject ed, upon a division; ayes 7, nays 11. No further amendment was offered to this sec their schedules. I am anxious that this should be adopted in order that the people may have an o pp or tunityt t ost testthis question if they desire to do so. I desire to say that I am opposed to the division o f the c ounty, but I desire that those who are in favor of it s hou ld h ave an opport u nity to vote upon the subject. Mr. PARVIN. We are asked here by a dis tinct proposition to do in relatio n to Lee county something contradictory to what we have done in relation toother co unties, for we ha ve provided that no organized county shall contain less than four hundred and th irty two square miles. Mr. JOHNSTON. This provision would qual if,y that article so faras Lee county is concerned. I have found it impossible to procu re a gen eral provision, and therefore ask that that pro vision may be qua lified so far as Lee count y is concerned. Mr. WILSON. Will the gentleman allow me to make the inquiry, what is the feeling of the people of Le e county upon t his subject? Mr. JOHNSTON. I do not know. So far as m y feeling is concerned, I am opposed to the di - vision, but a large number of persons in the northern part of the county, and many persons in the souther n p art of the county, desire something of this kiund. I am rather dispo s ed to think that the propositi( n would be vote d do wn by the people. Mr. WILSON. I should be unwilli ng to array that county against the constitu tion b y introducing a local provision which would ind uce any one there to vote against it. Mr. EDWARDS. It makes no difference to us what may be the desi re of the people of Lee county in regard to a division. That appears to me entirely fore ign to the question. I s e e no objection in the world to allowi ng them to vote upon it. Mr. PATTERSON. Beforethe vote is taken, I wish to state here, in order to satisfy the gen tleman from Jefferson, [Mr. Wilson] that I apprehend that the introduction of this provision into the constitution will create no opposition to it upon the part of the citizens of Lee county. This question has been a good deal agitated there; and some weeks ago, my colleague [MIr. Johnston] and myself wrote down to different parts of the county in relation to it. I have received no communication from any of my constituents in relation to that subject; but we con'cluded that we would endeavor to have this provision put into the constitution if the convention would agree to it. To define my own position, I am opposed to the division of the county. I wrote to eight or ten citizens of my own town, Keokuk; but as I stated, have recei, ed no reply. How they feel upon the question of division at present, I cannot tell; but I think the adoption of this Provision in the constitution will satisfy all parts of the county. Mr. GILLASPYT. I willstate that during the .last fall} at the time of the election of members tion. M ilr. CLARKE, of Henry, inquired whether it would be proper to add to this article the new resolution with regard to the right of suffrage. MIr. WILSON. I think that can be inserted by the committee on revision without any necessity of My further action upon it in the convention. I Mr. CLARKE, of Henry. Very well; that is sufficient. .MIr. SKIFF moved to insert in section seven, after the word "judges," the words "member of the board of education," so as to require their first election so take place on the second Tuesday of October, 1858, the time of the first election under the constitution. The motion was agreed to. Mlr. JOHNSTON. Before I came to this convention, and during its session, I have had frequent applications from the citizens of Lee county to procure a change of the constitution with regard to the size of counties, and the reduction and division of counties, and urging that some provision shoilld be made upon that subject in the constitution. But I have found, upon conversinrg with members of the convention, that there is a decided opposition to it. In order to meet the views of both parties, so far as possible, I now offer as an additional section, a proposition entirely local in its character, and agreed to by my colleague from the lower end of the county, [Mvr. Patterson. ] " Whenever a portion of the citizens of Lee county deem it expedient to procure a division of said county, it shall be the duty of the general assembly to make a law by which the proposal to divide said county (the metes and bounds of the proposed new county being set forth in said law) shall be submitted to the voters of the county of Lee at agener'al or special election; and the general assembly shall prefer be in said law the mode for the proper organization of said new county, and they shall be organized under said law, provided a majority of the votes gi ven on t he question of division at said election shall be in favor of said proposed division." I will say to gentlemen of theconvention that they will find in the constitution of several of she states provisions similar to this annexed to :. f. I: *.. I.. IP* 38th Day.] 999 Wednesday] Division of Lee County. DIVISION OF LEE COUNTY, &C. WVednesday] CLARKE, of II.-HALL-BUNKER-DAY —GOWER-JOHNSTON, &c. [llarch 4th Yeas-Messrs. Ayres, Bunker, Clarke of Alamakee, Clarke of Johnson, Day, Edwards, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, Palmer, Parvin, Patterson, Peters, Price, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Winchester and Young. Nays-The President, Messrs. Clarke of Henry, Ells, Marvin tnd Wilson. Mr. BUNKER, when his name was called, said: I really do not know how to vote. I recollect that there has been a good deal of difficulty in Lee county about this for several years past. I do n ot know what effect th e ame ndment sill have; but I think it probable that they desire it. I will vote'aye.' lr. DAY, when his name was called; said: I do not know the wishes of the people of that county in regard to this matter, and shall be as likely to vote wrong as right. I ask to be excused from voting. Not being excused, Mr. Day voted'aye.' Mr. GOWER, when his name was called, said: I wish to inquire whether this amendment provides that the question is to be submitted to the people, or whether it leaves it to the legislature, so that the people may wake up some morning and find themselves in another county. Mr. JOHNSTON. The question is submitted to the people. Mr. GOWER. Then I will vote'aye.' Mr. TRAER, when his name was called, said: I desire to say that I know nothing about this matter. I will vote for it to accommodate my friends from Lee county. I will vote'aye.' Mr. WILSON, when his name was called, said: I am in the same situation with other gentlemen, totally undetermined how I ought to vote; but inasmuch as my vote will not change the result, I will vote'no.' Mr. ELLS, when his name was called, said: I will ask my friend from Des Moines if there is any prospect in case of a division of Lee county, of either portion becoming republican; for if so I will vote for it.' Mr. HALL. I am afraid the gentleman will have to vote,'no,' then. Mr. ELLS. I will vote'no.' [Laughter.] The amendment was agreed to. to this convention, I was in the city of Burlington, and in Fort Madison; and I saw Daniel F. Miller who insisted that the people desired a proposition of this kind in the constitution, that they might have an opportunity to vote upon the question at all events. I am in favor of it, for I have no doubt that some of the people there, if not all, desireit. It ha s been done in other new states. Mr. CLARKE, of Henry. If I really supposed that a large majority of the citizens of Lee county, which we all know is a very large and populous county, wished an exception made in their favor, I should be disposed to grant it; but finding their two representatives both opposed to the division, not knowing the feeling of the people of the county, but knowing as I do that there are those agitating the question of division, the gentleman just mentioned Mr. Miller, being one of them, I fear that it will create a question there which has been an obstacle in their way heretofore. If the very respectable portion of the people of that county lying upon the north, wish to be cut off, we are willing to take a portion of them into Henry county, and I presume Des Moines would be willing.to take a portion-in that way, leaving the constitution as it is. Lte county can be relieved of some of its surplus population, and area if they wish. I am aware there is a local feeling down there; and I am afraid we shall be breaking into an old sore, and array votes against the constitution, if we put this provision into it. Mr. HALL. I have a very considerable acquaintance in Lee county; almost as much as in the county in which I reside. I know a large number of the citizens there are anxious that there should be such a proposition as this. They do not want it just at this moment, but say that it will be necessary hereafter to divide the county, and many of them are ready and anxious for it now. They have good reasons for it, particularly the people of the agricultural and northern portions of the county. I hope that gentlemen will allow this measure to be incorporated into the constitution; so that they may have th's division, when they think proper to vote for it. This is a large county, having a diversity of interests. A large city is building up in the southern part of the county, and thus a very heavy pauper tax is thrown upon the northern part of the county which furnishes none ofthese persons to be supported. I think that they would prefer that those manufacturing the paupers should pay the expense of maintaining them. I think it would be just and proper to put the amendment in; for although at the first vote, the majority might vote against the division, I presume thatin a very short time, they will be in favor of it. Upon the amendment Mr. CLARKE, of Henry, called for the yeas and nays, which were ordered. AIr. SOLOMON. I wish to propose an amendment with regard to ipy own county. The county of Mlills is now in no judicial district. By the act of the legislature providing for the time of the holding of the courts, the time of holding the court in Mills county, is fixed the same as the time allotted to the sixth judicial district; but Mills county was not placed in that district. It was evidently intended to be placed there. There can be no provision made by the legislature until next winter. There can be no court in Mills county this spring; nor in the 1000 [3 8 th Day -Jlills Colinty. The question being taken, the result was yeas 29, nays 5-as follows: '.' " _.,, I: SCIHOOL FUND. Wednesday] SKIFF-TODIIUNTER —IIALL-PRICE-CLARKE, of II.-TRAER, &C. fall unless it is placed in the sixth judicial district. I therefore move to add to the schedule the following amendment: "See. 15. Until otherwise directed bylalw, the county of Mills shall be in and a part of the sixth judicial district of the state." I would myself prefer to have it in the seventh district; but itis evidently the intention that it shall be in the sixth; and I want to have the court held. The amendme n t was agreed to. On motion of Mr. SKIFF, The article was referred to the committee on revision and ordered to a third reading. amend his proposition as to include the other feature of the report which he submitted. Mr. HALL. I dislike to add anything which may embarrass this proposition. I believe that the addition of this will be sufficient to give the people an opportunity to act upon the subject; and I do not like to hazard that proposition by coupling with it a proposition to loan to the State. The people may consider that proposition as an encumbrance; and my sole object is to secure the fund. I believe that it is now running to waste rapidly. Every year we are losing what we can never regain. The people should be advised about it, and should rescue what is left. I do not wish to encumber that proposition with anything at all, and I have therefore forborne to add the proposition to loan to the State. I ask gentlemen to vote for this, as a method to enable the people themselves, if they think proper, to rescue the school fund from impending ruin. Mr. TRAER. I would like to ask how the fund is to be consolidated? Mr. HALL. The modc is prescribed iu the section itself, which the gentleman will find in the printed report. Mr. TRAER. I will move to'Strike out the words, " or so much thereof as is not required by the State to establish charitable institutions." Mr. HALL. That has already been stricken out from the section as printed. Mr. GOWER. If the people vote for the consolidation of the school fund, it at once becomes the duty of the General Assembly to provide for the permanent investment of the fund in United States or State stocks. Is it certain that it is good policy to compel them to put the entire fund into that form? I only suggest the question for consideration, whether it is desirable that the entire fund should be invested in that way. Mr. MARVIN. I cannot vote for this, although it looks plausible upon the face of it. Mr. HALL, (ix his seat.)' Let the people vote for it, then. Mr. MARVIN. I know that the question is referred to the people; and it may hereafter be referred to the people by an amendment of the constitution, if it should prove to be wrong. This is the same fund, or portion of it, that the other States have had paid to them in money. I recollect that in several of the States having a similar fund, when either the whole or a portion of it has been given or loaned to the State, they have taken particular pains that it should be loaned out in the several counties of the different States. that the people of the State might be benefitted by it. Now, I learn that if this should be drawn in and consolidated, it will draw some four millions of dollars from the present circulation of the State, which must, especially if it shouli happen to occur at a time of pressure upon the money market, affect the Mr. TODHIUNTER moved to tale up the resolution rescinding the day of adjournment. Mr. HALL. I wish the gentleman would withdraw that motion, and let us take up the resolution with regard to the school fund. Mr. PRICE. That will require a suspension of the rules. Mr. CLARKE, of Henry, moved that the rules be suspended, for that purpose. MAr. HALL. This is the minority report; made yesterday, put in different form. Mr. TODHUNTER withdrew his motion, and the rules were suspended. The convention accordingly proceeded to consider the following resolution: " Sec. —. That the school and university funds that exists in choses in, action, or that have been loaned out by any officer of this State, shall, when the same becomes due, be collected and paid into the Treasury of the State, and the Gener al Assembly shall provid e for the permanent investment of said fund, in United States or selected interest-paying State securities, bearing not less than six per cent. interest; and that no more of t':e school or university funds shall be loaned to individuals. I 1001 .38th Day.] [March 4th School Fund. ,'Resolved, That at the same election that this constitution is, voted- for and against by the electors of this State, the following section, to be added to the article on school funds and school lands, be voted upon as a separate question, to wit: .11 The electors voting upon said section shall have -,written or printed upon their ballots Consolidation of the School Funds-Yes,' or Consolidation of the School Funds-No.' And if,t majority of all the votes given shall be for I Consolidation of the School Funds-Yes,' then the section aforesaid shall be a part of the,constitution of this St,,tte; and if a majority of the votes shall be, I Consolidation of the School Funds-'\'o,' then said section shall not become a part of this constitution.," Mr. CLARKE, of Henry. I wish the gentleman from Des Moines [.Nlr. I-I.all] would so SCHOOL FUND. [38th Day. MARVIN-CLARKE, of I. [fMareh 4th state by allowing it to contract any debt. We must during the next ten years, raise a million of dollars fol our puiblic buildings alone. This ,must be derived from some source, aid from direct taxation, unless'we reso)rt to a loan. I do not care who makes the loan, but it would be better for us that the United States govern ment, or any other state of the Union, should furnish the requisite amount to put up the pub lic buildings, so that we could immediately have the benefit of it, even if we had to pay an extra interest upon the amount for the next ten years, and then to share the burden with those who shall then be here, to pay off the principal, than to go from year to year, dragging along for ten years, in the attempt to put up those build ings. The gentleman has struck out the very best feature of the report, that which recommended it to my judgment. I certainly shall not vote for submitting such a resolution as that to the people. I would rather have the funds remain under the present system, than to adopt the plan in that section. That takes away the money from us, and carries it into other States. Illinois, Indiana, Ohio, borrow from us our school fund. Which do you suppose is the wiser of the two, we who lend the money that we need for our own use, or the State which borrows it of us? Certainly Illinois, Indiana, or Ohio,borrowing our school fund, occupy the mos t favorable position. They are those who are to gain by the transfer. Their borders, like ours, are filling up yearly. There is an accession of wealth, of property to be taxed, to pay off this debt; and in the mean time they have built their asylums, State houses, and other public buildings. We are doing the same thing when we buy their bonds as lending them the money. Their bonds ale issued for this express purpose. And if they act wisely in issuing them, shall we suffer our State to lend them the money which we iaeed ourselves for these very purposes? Is he a wise business mnan, who, having buildings to erect to carry on his business, which will render it more produc tive, suffers the work to be delayed from year to year while he can raise the amount by driblets; or he who at onceeffects a loan, puts up his building, goes on with his business, and from the profits of that very business discharges the debt? We want these buildings-a State house, asylums, &c. We can build them now, and tax ourselves for a few years merely with the interest; and then the taxable property of the State will be four times its nominal value this day. In ten years from this time, we shall have four times the amount of property to be taxed to pay off this debt. That is the question which I wish to have submitted to the people. The more it is discussed the more it will commend itself to the judgment of gentlemen here, and the people at large. The momcent they look at it, they will see that it will be better for us all to pay merely the interest by a direct t~ax, rather than to pay the principal by a direct tax. And let Ime remark to the gentleman from Jones, [Mr. Marvin,] who feared that we should create dis-. peopl e v ery seri ously. We cannot draw four millions of dollars from the circulation of the different counties without seriously embarrassing the whole State. It is very possible that the majolity of the electors of the State may vote for this inconsiderately, from the fact that the great majority are not directly interested in bor-rowing this money, and may not see how they are interested in their neighbors keeping it. It strikes me that the fund may be secure as it is. I do not think we are going to lose so much as sotne gentlemen seem to suppose. It has been whispered about that the fund is decreasinig. But how long has it been since it was only a million of dollars?-and now it is four millions. The fund is increasing. There may be losses; but there should not be. They have probably arisen from the inexperience of officers in the new counties. I think the present system, under proper safeguards, will as effectually secure that fund in this State as in the older States. Again, the interest i s now ten per cent. If it is consolidate d in United ate et e s stocks, or other state stocks, w e s houl d get but six per cent. I know that gentlemen will claim t h a that the cost of coll cting i o t n bt t is something; but it is trifling c ompa red wi th the difference of fou er per cent. We now ha ve f our m illions at t en per cent., yielding four hundred th ousand dollars annually. I think we sh ould h esitat e ev en to th row th is before the p eople, until they have had full time, or at least more than the y will have between this time and t he first of August, to consider this question. I rep ea t, that the majority of the people are not directly interested, and may n ot feel tha t the y are even re motely interested; but should th e f und be withdrawn from the dinerent counties, they wo uld l earn the extent of their interest from the general e mbarassm ent that m u st follow. Mr. CLARKE, of Henry. I regret very much th at the g entleman did not present his proposiin a different form. The very last proposition in the report, as I thought, was that of allowing t he s tate of Iowa to be the debtor of the s chool fiund, in using this school money. From the fi r st this has always struck me favorably. I am not one of those to be terrified by bugbears. I att emp t to look a t thing s and see what t hey are; and the idea of a young gro wing s t ate, increasing in wealth as Iowa is at this time, going into debt for her public buildings, or even for her annual governmental expenses, is no bugb ea r t at all to me. Will gentlemen reflect one moment in regard to it. We who are occupying th e field here to-day, who are paying the taxes for the support of the government, are now to go to all the expense of all the public buildings. If we resort to direct taxes, we alone are the ones to bear the burden. But if we contract a debt for the erection of these public buildings, they who are to come in herecafter and bring wealth into the state, will share with us the burden. Gentlemen take a wrong view of this when they think they are impoverishing the I i t t t i t t t 0 t 0 t d p 1002 Weduesdayl 38th Day] SCHOOL FUND-MAILING THE DEBATES, &C. Wednesday] MARVIN-CLARKE, of II.-TRAER-HALL-SOLOMON, &c. [Mlarch 4th tress by taking this large amount from the pock ets of the people, that we must raise at least three millions of dollars within five years to put up our public buildings, &c., if we do it by di rect taxation. Mr. MARVIN. I am prepared to meet that question when it properly comes before us; but it is not before us now. Mr. CLARKE,' of Henry. It is before us in this way. That money must come from the people; if not by borrowing from the school fund, then by direct taxation. If we borrow from the school fund, we have only to pay the interest, and only to tax the people to the extent of that interest. I think that if we borrowed this sum for the annual expenses of our government, it would be one of the wisest things we could do, to tax the people merely for the interest upon it for the next ten years, and to let the State become debtor to the school fund. Is it right that we should bear all the burdens, and that those coming into the State ten or twenty years hence should share the benefits with us, and not also take their share of the burdens? Mr. TRAER. The gentleman from Henry supposes that we shall have to raise at least three millions of dollars in the next five years; and he proposes to take that from the school fund, as I understand him. Now if he will look at it a moment, he will see that even if we should agree to his plan, we could not get the money in that way. The money is loaned out, a large part of it for ten years; and it would be impossible to get that before the expiration of the time, even if the section favored by the gentleman should be adopted. I am by no means one of those who would run the State in debt to the extent of four millions of dollars, although it might be several years before the whole of that debt would be contracted. We have already provided that the State shall not go into debt over two hundred and fifty thousand dollars, without the people voting in favor of it. I say that if the people want to borrow the school fund, they can do so. Let the legislature pass a law to that effect, and if they vote in favor of borrowing the fund, they can do so as fast as it can be collected. I see no use in putting this into the constitution. Upon this resolution Mr. HALL called for the yeas and nays, which were ordered. The question being taken, by yeas and nays, the resolution was rejected; yeas 13, nays 20, as follows: Yeas-Messrs. Ayres, Clarke of Johnson, Ells, Emerson, Gower, Hall, Johnston, Patterson, Peters, Robinson, Skiff, Traer and Warren. Nays-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Edwards, Gibson, Gillaspy, Gray, Harris, Hollingsworth, Marvin, Palmer, Pa} vin, Price, Seely, Solomon, Todhunter, Wilson, Winchester and Young. Mr. SOLOMON, when his name was called, Mr. CLARKE, of Johnson, from the committee appointed to superintend the printing of the debates, reported the following resolution: ".Resolved, That A. P. Luse & Co., be employed to put up and mail to each member of the convention ten copies of the daily slips of the debates, and that the postage upon the same be paid by them, and charged to the State." The resolution was agreed to. By the direction of the PRESIDENT The Secretary read the number of miles for which each member claimed mileage,,,banded in under the resolution passed this morning, (that of Mlr. Cotton being handed in by Mr. Ells, who had been authorized to do so,) as follows: NAMES. AIILES. M ess rs. Ayres, - - - 260 Bunker, -.. 34 Clarke of Alamakee, - - 600 Clarke of Henry, - - 120 Clarke of Johnson, - - 0 Cotton, - - - - 200 Day,M - -H 328 Edwards, -- 280 Ells, - 110 Emerson, -- 640 Gibson, -.-. 680 Gillaspy, -- 170 - Gower, - 32 Gray, -- 66 Hall, -- 400 Harris, -- - 260 Hollingsworth, - - 200 Johnston, - - - 260 Marvin, - - - 136 Palmer, - - - 200 Parvin, - - - 12 Patterson, - - - 320 Peters, - - - - 720 Price, - - - - 1000 Robinson, - - - - 400 Scott, - - - - 720 Seely,. 360 Skiff, - - - - 180 Solomon, - - - - 600 Todhunter, - - - 820 Traer, - - - 100 Warren, - - - 640 Wilson, - - - - 110 Winchester,- - - - 240 Young, - - - - 200 Pres-ident, -- 66 -1003 said: If this was a proposition to collect the money, and to use it in accordance with my proposition, I should vote for it; but as it is, collecting the money, and loaning it out of the State, I vote "no.') Hailing t7te Debates. Xilea,qc qf.31embers. On motion of Mr. JOIINSTON DISTRIBUTION OF THE DEBATES. Vednesday] MARVLN-OLA1tK-TAER-KIFF-CLARIE, of J. Eiiarch 4th possible, by the first of May, and distributed immediately afterwards, in order that the people may know and understand what they are voting upon when th e con stitution comes before therm for adoption. I understand that this was the reason which induced the committee to strike out the name of the secretary of state and insert that of Mr. Trowbridge. The account was referred to the committee on expenditures. Mr. MIARVIN. I move that that be entered upon the journal, so that it shall be known and read of all mnen. The PRESIDENT. There is no n eed of th po nate. 14becomes a part of the proceedings. With regard to the compensation I have nothing to say, whether it is too much or too little. But I will say this much; that if the job were offered to me at the price offered in that resolution, I should certainly refuse it. I do not think I could get the work properly done for any such price. I think it would be worth more money; at least, if a man must personally superintend it, and take the books into each county. I hope the convention will not reconsider. We have been voting and then reconsidering votes to-dav. I want the convention to adhere to what they do, and show that they have some back-bone to them Mr. SKIFF. I will state my ohject in sec onding and favoring this motion. I believe that the gentleman from Benton is certainly mistaken in saying that the laws will not be ready for delivery before the first of July; for I understand that, instead of that, they will be ready for distribution by the first of May, which will be as early as these reports can be got ready. Then the secretary of the state will have to distribute the laws, and he will have facilities for making the distribution of these debates, which another person would not have. I think, therefore, that he can distribute them sooner than any other person. I have no personal feeling whatever with regard to it. Upon the amendment Mr. TRAER called for the yeas and nays, which were ordered. T Mr. CLARKE, of Johnson. I will rot attribute to the gentleman from Alamakee, [Mr. Clark,] any motive growing out of the action of the convention this morning, in making this motion; but if he labors under the impression that changing the person will at all aflfect me, I can assure him that he is mistaken. If he will remember, I presented the original resolution, and that was originally drawn up in favor of the secretary of state. Mr. Trowbridge was not selected by me at all. But the subject was referred to a special committee, who changed this resolution by striking out the name of the secretary of state and inserting that of the sergeant-at-arms of this body. The reasons which induced them to make the change were satisfactory, at the time, at least to the convention. Personally, I have no feeling in relation to it. uiro CLARK, of Alamakee. I voted, this forenoon, in favor of giv ing t o our sergeant-at-arms t he job of distributing th e debates of this convention. I voted under some misapprehension, and I now move to reconsi der that vote. The motion to reconsider prevailed. The question was t hen stated upon the resolution, which was read, as follows: " Reso lved, That S. C. Trowbridge be employed to distribute the debates of this convention, as provided for in the foregoing resolution; and t hat he be paid for such distributio n the sum of five hundred dollars, and to b e d istributed as soon as ready." Mr. CLARK, of Alamakee. lhave no personal feelings upon this matter; but, u pon reflection, and from some information I have obtained, I a m inclined to make the motion that the name of Mr. Trowbridge be stricien out, and that of the secretary of state inserted in its place. I am informed that t is usual to give thes e jobs to the secretary of state. He has o the r books to distribute; i t comes in his line; and he Iis a Iunore proper person to do it th an any other man. I f the re were n o reasons why the secretary of stat e s hould hav e the perference, I should have no objections to giving it to Mr. Trowbridge. Mr. TRAER. I wish to state that I have no personal feelings in this mat ter, whatever, both those gentlemen, the sec retary of state and Mr. Trowbride e, being friends of mine. I s hall, therefore, give my vote with sole reference to the facts in the case. In the first place, I do not believe that, because other parties employ the secretary of state, it follows, as a natural and necessary consequence, that he should have this. I do not think that rule will hold good in this case. In the next place, I am a little doubtful lest, if we leave this to the secretary of state, the books should not be distributed until the laws passed at the last session of the legislature shall be ready for distribution. He would probably retain these so as to distribute all together. I should object to that arrangement. What we want is, to get the books just as soon as possible, so that the people may understand what we have done here, that they may have sufficient information before them to enable them to judge rightly in voting for or against this constitution. I understand, further, that the laws of the last session of the legislature will not be ready for distribution before the first of July, leaving only one month before the time of taking the vote upon the constitution. I hold that that is wrong, that we should have these books published, ifv [38th Day. 1004 Wednesday], MARVIN-CLAItK —TRAER-SKIFF-CLARKE, of J. [ffiiarch 4th Distribution of the Debates Mr. CLARK, of Alamakee. I do not know why the gentleman should intimate anv motive upon my part aside from that which I stated. I voted for the resolution, as it stood this morning,, because I hacl been told that the secretary of state did not want it. It was for that reason that I voted.to take it away from him; and it is DISTRIBUTION OF THE JOURNAL. WVednesday] TODIHUNTER-MARVIN-CLARKE, of II.-WARREN-CLARK. [March 4th t name of the secretary of state was inserted in - the resolution. Mr. MARVIN moved to to strike out'five,' and insert'three,' making the compensation * three hundred dollars. Mr. CLARKE, of Henry. The higher sum will be first in order; and I move to insert'four,' making the compensation four hundred dollars. The PRESIDENT stated the question first up on striking out five.' The motion was agreed to; ayes 14, noes 5. The question was then stated upon filling the blank with'four.' Mr. CLARKE, of Henry. I wish to vote in telligently; and [ will ask the gentleman from. Jackson, [MIr. Wa.rren,] what he thinks would be the expense of distributing the reports? Mr. WARREN. I am not able to say. I merely stated what I would do it for myself, and I withdraw that. I am satisfied that it should be five hundred dollars. Mr. TODHUNTER. Before the blank is filled I wish to remind the convention that the gentle man from A:lamakee, [Mr. Clark,] offered to do the job for two hundred and fifty dollars, and to give good security for the faithful performance of the contract. I propose that we give him the job. Mr. CLARK, of Alamakee. When I make a proposition, if the other party are not wise enough to take it up at the time, but try to do better by going around and speculating with others, I consider myself at liberty afterwards to decline it. Mr. TODHUNTER. I thought the gentleman would not stand by it. The question being taken upon making the compensation four hundred dollars, it was agreed t ). The resolution, as amended, was then agreed to. because I learn that that was not so, and that he feels a little hurt by the action of the committee in taking it away from him, that I have changed my position. MAr. TODHUNTER. This resolution was offered by the gentleman from Johnson, [Mlr. Clarke.] In the resolution, as offered, it was provided that the secretary of state should have the distribution of the debates. After some consideration the matter was referred to a special committee, consisting of Mr. Winchester, Mr. Hall and myself. Mr. Winchester not being here at the time, Air. Hall and myself consulted about this matter, and we came to the conclusion in this resolution as it now stands. One reason why the matter was referred to the committee I understood to be that the secretary of state said that five hundred dollars was not enough; that it would not pay. We come to the conclusion that, inasmuch as the secretary of state talked about it in this way, and as there was a probability that he would not distribute the debates in time, that is, as soon as they were done-mfor we have the assurance that they will be done by the first of Mlay; whereas, if they are distributed with the laws, we should not receive them until Aug,ust, or perhaps laterit would be better to strike out the name of the secretary of state and insert that of Mr. Trowbridge; for ~Ir. Trowbridge, upon our consulting with him, gave us the assurance that he would distribute them as soon as they were done. That was our reason for the change. I do not think there is any ground upon which any officer of the state can come in here and complain in regard to this matter. This convention is entirely free and independent of any other branch of the government. We have a right to employ whom we think proper. We need not ask the secretary of state, or any other outsider, with regard to this matter. I have no personal feeling in the matter. I am just as good a friend to the secretary as to Mr. Trowbridge. It makes no difference to me who distributes the debates, or who gets the job, if the work can be done promptly. Nor do I think five hundred dollars any too much to pay. But I think the convention has a right to choose whom they please to distribute their debates, and no man has a right to complain. We concluded to report the name of Mr. Trowblidge; and the convention agreed to it. For us now to change that again looks to me like boys' play. The question being taken, by yeas and nays, the amendment was agreed to; yeas 18, nays 12, as follows: Yeas —Ifessrs. Clark of Alamakee, Clarke of Henry, Day, Ells, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Patterson, Peters, Price, Seely, Skiff, Solomon, Warren and Young. Nays-The President, Messrs. Ayres, Bunker, Clarke of Johnson, Emerson, Gower, Hollingsworth, Palmer, Robinson, Todhunter, Truer and Winchester. Mr. CLARKE, of Henry.'I now move to reconsider the vote upon the resolution, fly which we give the secretary only two hundred and fifty dollars for indexing, superintending the printiug, and distributing the journals and constitutions. The motion was agreed to. The resolution was read, as follows: "6. Resolved, That T. J. Saunders, the Secretary of this convention. be employed to index, superintend the printing of, and distribute the journals and constitutions herein provided for; and that he be allowed the sum of three hundred and fifty dollars as a compensation in full for said services." On motion of Mr. CLARKE of Henry, The resolution was amended by increasing the compensation to five hundred dollars. So the amendment was agreed to, and the 12T t c 38th Day.] 1005. Di,gtribution of the Jour?zal. PRE,MBLE AND BILL OF RIGhITS. Wednesday] TODIIUNTER-SKIFF-CLARKE, of II. [Mardi 4th main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of fortv-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes, until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of the said Mississippi river to the place of beginning. Mr. SKIFF. I move that the article on the preamble and bill of rights be now taken up and read the third time. The'RESIDENT. That article is not now before the convention. Mr. SKIFF. I thought it had been reported from the committee on revision, as I see that it has been printed and laid upon the desks of members. The PRESIDENT. The co)mmittee of revi-. sion have as yet made no report to the convention. Mr. SK[FF. I would ask the chairman of that committee [-Mr. Clarke], if the committee are ready to report? Section 1. All men are, by nature, free and equal, and have certain inalienable rightsamong which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuiug and obtaining safety and happiness. Sec. 2. All political power is inherent in the people. Government is instituted for the protec tion, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it. Sec. 3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or the maintenance of any minister or ministry. Sec. 4. No religious test shall be required as a qualification for any office or public trust, and pno person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the peiformance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law. Sec. 5. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal, or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State. Sec. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citzens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens. Sec. 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions Mir. CLARKE, of Henry. The committee have for some time been ready to report, whenever the convention were ready for it. The PRESIDENT. There is no business now before the convention. We, the people of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows: Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of th e said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri- as established by the constitution of that State, adopted June 12th, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersect the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the r38th Day. L 1006 0 Wednesday], TODIIUNTER-SKIFF-CLARKE, of H. [Marcl,i 4th The resolution, as amended, was then,igreed to. Alr. TODHUNTER moved that the convention take up from the tal)le the resolution to rescind the day of adjournment. The motion was rejected; ayes 9, noes 14. Tltird readin.,q of ArtiCle8. Article I.-Bill of Right8. Preamble and Bill of Riglits. Mr. CLARKE, of Henry. I beg leave to report to the convention, from the committee of revision, a portion of the constitution, being the preamble and bill of rights, as follows:. CO.-,ISTITT-TTION OF THE STATE OF IOWA. PREAMBLE AND BILL OF RIGHTS. CLARKE, of II.-CLARK-TRAER. on the evidence of two witnesses to the same e overt act, or confession in open court. s Sec. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel a and u nusual punishments shall not be inflicted. Sec. 18. Private property shall not be taken , for public use without just compensation first I being made, or secured to be paid, to the owner i thereof, as soon as the damages shall be assessed by oa jury, who shall not take into consideration anly advantages that may result to said owner on account of the improvement for which it is taken. Sec. 19. No person shall be imprisoned for debt in any civil action, on me.sne or final pro cess, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace. Sec. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances. Sec. 21. No bill of attainder, ex-post-facto taw, or law impairing the obligation of con tracts, shall ever be passed. Sec. 22. Foreigners who are, or may here after become residents of this State, shall enjoy the same rights in respect to the possession, en joyment, and descent of property, as native-born citizens. Sec. 23. There shall be no slavery in this State; nor shall there be involuntary servitude, unless for the punishment of crime. Sec. 24. No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years. Sec. 25. This enumeration of rights shall not be construed to impair or deny others, re tained by the people." Mr. TRAER. I would call the attention of the convention to the third section, which reads, "1the general assembly shall make no law re specting an establishment dof religion, &c." I think the language used is not exactly correct. It appears to me that it would be better to have it read "the establishment of religion," instead of "an establishment of religion." Mr. CLARK, of Alamakee. The word'" the" might be just as well. But I th ink "an" is well enough. Mr. CLARKE, of Henry. As the section stands now, it is equivalent to saying that there shall be no law'or the est;tblishmn ent of any re ligion. If it was changed so as to read " the es tablishment of religion," it might seem that it referred to the es tablishm ent of som e particular religion. M~r. TRAER. Very well; I am not particular. I desired mnerely to call the attention of the con vention to the lanwlgualge used in that section. The question was upon the passage of the art icle. or indictm(nts for libel, the truth may be giver in evidlence to the jury, and if it appear to the jury that the matter charged as libe lous was true, anid was published wi th good moti ves, and for justifiab' e e nds, the party shall be acquitted. S-c. 8. The right of the people to be secure in thei r pers ons, houses, papers, iand effects, agai nst unreasonable seizures and searches, sball not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmn,ttion, par ticul arly descr ib ing t he plac e to be searched, a med the persons and th ings to be seized. Sec. 9. The right of trial by jury shall remain invio late; but the General Assembly may authorize trial by,a jury of a less number than twelve men ia inferior courts; but no person shall be deprived of life, liberty, or property, without due pr ocess of law. Sec. 1 e. In all criminal prosecutions, and in cases involving the lifte or liberty of an in dividual, the accused shall have a r ight to a speedy and public trial by an impartial jury; to be informed of the accusation against him, and to have a copy of tale same when demanded; to be confronted with the witnesses against h im; to have compulsor y process for hi s o wn w itnesses; and to have the assistance of counsel. Sec. 11. All offenses less than felony, and in which the punishment does not exceed a fine of one hunfired dollars, or imprisonment for thirty d,,ys, shall be tried summarily before a Justice of the Peace, or other officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher criminal offence, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger. Sec. 12. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences where the proof is evident, or the presumption great. Sec. 13. The writ of habeas corpus shall not be suspended, or refused, when application is made as required by law, unless in case of rebellion or iavasion, the public safety may require it. Sec. 14. The ~military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing array shall be for a longer time than two years. Sec. 15. No soldier shall, in time of peace be quartered in any house without the consent of the ow er, nor inl time of war, except in the manlner prescribed by lawv. Sec. 16. Treason against the State shaill consist only in levying war against it, adhering to its enemies, or giving there alid and conmfbrt. | No person shall be convicted of treason unless 'agth Day.j 100 Wednesday] [March 4th RIGHT OF SUFFRAGE, &C. TRAER-CLARKE, of II. ston, Marvin, Palmer, Parvin, Patterson, Price, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Wilson, Winichester and Young. Nays-m1essrs. Emerson and Peters. MAr. TRAER. I think it would be well to have the yeas and nays upon the final passage of these articles. The yeas and nays were accordingly ordered. The question being then taken, by yeas and nays, upon the passage of the article upon the preamble and bill of rights, it was agreed to; yeas 26, nays 6, as follows: Yeas-The President, Messrs. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gibson, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, Marvin, Parvin, Price, Scott, Seely, Skiff, Todhunter, Traer, Wilson, Winchester and Young. Nays- Messrs. Emerson, Gillaspy, Palmer, Patterson, Peters and Solomon. Mr. CLARKE, of He nry, fro m the conetmittee of revision, reported back to, the convention the following as the article on the distribution of . powers and the legislative department: Section 1. The powers of the government of Iowa shall be divided into three separate departments: The legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed o.: l ermitted. Mr. CLARKE, of Henry, from the committee of revision, reported back the following as the article upon the right of suffrage: Article 2.-PRight of Suffrage. Section 1. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county in which he claims his vote, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. Sec. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, and going to and returning therefrom. Sec. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. Sec. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State. Sec. 5. No idiot or insane person, or person convicted of any infamrous crime, shall be entitled to the privilege of an elector. Sec. 6. All elections by the people shall be by ballot. Section 1. The legislative authority of this State shall be veste d in a General Assembly, which sha ll consist of a Sen at a ou e and Houseof Repres entatives; and the steole of every l w shal l be- i"B e it enacted bv the General As sembly o f the Sta te of Iowa.;' Sec. 2. The sessions of the Ge neral Assemblr shall be biennial, and sh all commence o n the second Monday in January next en suing the election of its members; u nless the Go ver nor of the State shall, in the interim, convene the Gen eral Assembly by proclamation. Sec. 3. The memberso h e e of the House of Repre seo.ptatives shall be chosen every second year, by the qualified electors of their respective districts, on the se con d Tuesday in Oct ober, except the years of the Pre si denti al election, when the election shall be on the Tuesday next after e stonbin e b e and the first Monday iNovember and the ir term of office shall commence on the first day of Jan uary next after their election, and continue two years, and until their successors are elected and qualified. Sec. 4. No person shall be a member of the House of Represent atives who shall not have attained th e age of twen ty-on e years, be a free white mnale citizen of the United States, and have been an inhabitant of this State one year next preceding his election, and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. Sec. 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives: they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship. Sec. 6. The number of Senators shall not be The question was upon the final passage of, the article. Upon this question Mr. TRAER called for the yeas and nays, and they were accordingly ordered. The question being then taken, by yeas and nays, upon the passage of the article on the right of suffrage, it was agreed to; yeas 30, nays 2, as follows: Yeas-The President, Mlessrs. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gibson, Gillaspy, Gower, Gray, Hall, Harris, HIollingsworth, John i 1008 [38th Day. [March 4th Wcdnesday] Leisla,tive Department. Article 3.-Of th, Ditribzition of Ilowers. Ri.qht of Stiffraqe. I Legi.3lative Deapartment. LEGISLATIVE DEPARTMENT. Wednesday] U1arch 4th less than one third, nor more than one half the representative body; and shall be so classified by lot, that one class, being as nearly one half as possible, shall be elected every two yea,rs. When the number of Senators is increased, they shlall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable. Sec. 7. Each House shall choose its own offil cers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law. Sec. 8. A m-,jorityofeach housesshall constitute a quorum to do business:; but a sm.aller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. i Sec. 9. Each house shall sit upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behavior, anrid, with the consent of two-thirds, ex- pel a member, but not a second time for the same offense; and shall have all other powers neces- sary for a branch of the general assembly of a free and independent state. Sec. 10. Every member of the general assembly shall lh-e the liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public or an individual, and have his reasons for the dissent entered on the journals; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals. their journal, and proceed to reconsider it; if, af ter such reconsideration, it agin passs both houses, by yeas and nhts, by a gnaj)rity of two third, of the members of each house )resenit, it shall become a law, notwithstanding the governor's objections. If any bill shall not be returned within three days after it shall have been presented to him, Sunday excepted, the same shall be a lItw in like nia-inner as if he had signed it, unless the general assembly, by adjournment, prevent such return. Sec. 17. No bill shall be passed, unless by the assent of a majority of all the members elected to each branch of the general assembly, and the question upon the final piassage shall bp taken immediately upon its last reading, and the yeas and nays entered on the journal. Sec, 18. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws, at every regular session of the general assern Sec. 19. The h ous e of r epresentatives shall have the sole power of impeachiment, asid all impeachm ents. shall be triaed by the senate. When sitting for that pullrpose, the senators shall be upon ont oor affi,ramtion; and no perso n shall be convicted without the concurrence of two thirds of the membe rs present. Sec. 20. The governor, ju d ges of the su preone and district courts, and other state offic ers, shall be liable to ih mpeachmen t fo r any fnis de meanor or malfea.sance in office; but judgment, in such easesi shall extend only to removal from office, and disqualification to hold any office of honor, trust or profi t un der thi s state; but th e part y convicte d or acquitte d shal l nevertheless be liable to in dictmen t, trial, and punishment,s according to law. All other civil o fficers shall be tried for misdemeanors in o ffice, i n s uch mail ner as the general a ssembly may provide. See. 21. No senator or r epresentative shall, durinS the time for which he shall have been elected, be appo i nte d to any civil office of profit under this State, which shall have been created or the emoluments of which shall have been increased during such term, except such b,ffices a s may be filled by elections by the people. Sec. 22. No person holding any lucrative offi(ce under the United States, or this State, or any other power, shall be eligible to hold a seat in the. General Assembly: Provided, That offices in the militia, to NY,ich there is attached no annual salary, or office of justice of the peace, or postmaster whose compensation does not exceed one hundred dollars per antiumn, or notary publie, shall not be deemed lucrative. Sec. 23. No person who may hereafter be a collector or holder of public monieys, shall have a seat in either Hi)use of th. Genieral Assembnly.N, or be eligi le to hold any office of trust or profit under this State, lintil he shtll have atccounited for and paid into the treasury all stutes for which he may be liable. Sec. 24. No money shall be drawn from the Sec. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same. Sec. 12. When vacancies occur in either lhouse,,the governor, or the person exercising the functions of governor, shall issue writs of election to fill such vacancies. Sec. 13. The d ors of each house shall be open, except on such occasion as, in the opinion of the h ouse, may require s e crecy. S ec. 14. Nei ther h ouse shall, without the consent of the other, adjourn for more than three (laeys, nor to any other place than that in which they may be sitting. See. 15. Bills ma.y oaiginate in either house, and may be amended, altered or rejected by the other; and every bill, having passed both houses, shall be signed by the speaker and president of ,heir respective houses. See. 16. Every bill which shall have passed he general assembly, shall, before it becomes a -Iw, be presented to the governor. If he ap-rove, he shall sigfn it; but if not, he shall reurn it with his objections, to the house in which . originated, which shall enter the same upon 138th Day.] 1009 [illarch 4tilL Wednesday] LEGISLATIVE DEPARTMENT. Ve(Iilesday] lIarch 4th on any claim, the subject matter of which shall not have been provided for by pre-existing laws, and no public money or property shall be appropriated for local, or private purposes, unless suchl appropriation, compensation or claim, be allowed by two-thirds of the members elected to each branch of the general assembly. Sec. 32. Meinbeis of the general assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: ~ I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution ofthe state of Iowa, and that I will tfalithfully discharge the duties of senator, (or representative, as the case may be,) accor.ding to the best of my ability." And members of the general assembly are hereby empowered to ,adminiister to each other the said oath or affirmation. Sec. 33. The general assembly shall, in the years 1858, 1862, 1864,1 1866, 1868, and 1875, and every ten years thereafter, cause an enumeration to be made of all the white inhabitants of the state. Sec. 34. The nlumnber of senators shall, at the next session following each period of making such enumeration, and the next session followingr each United States census, be fixed by law, and apportioned among the several counties according to the number of white inhabitants in each. Sec. 35. The senate shall not consist of more than fifty members, nor the house of representatives of more than one hundred; and they shall be apportioned among the several counties and representative districts of the state, accord ing to the number of white inhabitants in each, upon ratios to he fixed by law; Provided, That no representative district shall contain more than four organized counties, and shall be entitled to one representative. Every county, and each district which shall have a number of inhabitants equal to one half of the ratio fixed by law, shall be entitled to one representative; and any one county containing in addition to the ratio fixed by law a fraction of one-half of that number, shall be entitled to one addi tional representative; Provided further, That no floating district shall hereafter be formed. treasury but in consequence of appropriations made by law. Sec. 25. Each member of the first General Assembly under this constitution shall receive three dollars per diem while in session; and the further sumll of three dollars for every twenty miles traveled in going to and returning from the place where such session is held, by the nearest traveled route; after which they shall receive such compensation as shall be fixed by la.wv; but no General Assembly shall have power to increase the compensation of its own members. And wglen convened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regulair session, and none other. Sec. 26. No law of the General Assembly, passed at a regular session, of a public nature, shall take effect until the fourth day of July next after the passage thereof. Laws passed at a special session shall take e ffect nin ety d ays af ter the' adjournment of the General Assem-tbly by which they were passed. If the Get,eralAssembly shall deem any law of immnnediate importance they may provide that the same shall take effect by publication in newspapers in the State. Sec. 27. No divorce shall be granted by the General Assembly. Sec. 28. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed. Sec. 29. Every act sh all embrace but one subjec t, anrd matters prop erly connected therewith, which subject shall be expressed in the title. But if anv subjectshall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. Sec. 30. The General Assembly shall not pass local or special laws in the following ca ses: For the ass essment and collection of taxes for State, count y, or road pur poses; For lay ot oein a n oring out, opeing, and working roads or highways; For changing the names of persons; For the incorporation of cities or towns; For vacating roads, town plats, streets, alleys or public squares; For locating or hcanging county s eats; In all the cases above enumerated, a nd in all oth.r cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state; and no law changing the boundary lines of any county shall have effect until upon being submitted to the peop le of the counties affected by the change, at a general election, it shall be approv ed by a majority of'the votes in each county, cast for and against it. Sec. 3 l. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the con tract entered- into; nor shall any money be paid Sec. 36. At its first session under this constitution, and at every subsequent regular session, the general assembly sahall f ix such rati o of representation, and also form into representative districts those counties which will not be entitled singly to a representative. Sec. 37. Whpen a congressional, senatorial, or representative district shatll be composed of two or more counties, it shall rno; be entirely separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial or representative district. Sec. 38. In all elections by the general assembly, the members thereof shall vote viva, i I I t t s s 0 t e 0 1010 [38th Day We(itiesday] [DI(arch 4t]x 38th Day] ENUMERATION AND APPORTIONMENT, &C. Wednesday] CLARKE, of H.-TRAER-CLARKE, of J.-EDWARDS-SKIFF, &c. voce; and the votes shall be entered on the journal. will be for my district. I shall, therefore, vote against laying this resolution upon the table. Mr. SKIFF, when his name was called, said: I shall vote to lay thisresolution upon the table, for the same reason that some members, from the most populous counties of this State, vote in the same way. If they are willing to give the new counties any advantage, I am willing to take it. Mlr. CLAR-KE, of Henry. I wish to offer a res olution to recommit this article to the standing committee on the distribution of powers, and the legislative department, with instructions, as follows "Resolved, That the article on the legislative department be recommitted to the standing com mittee on that subject, with instructions to so modify the thirty-fifth section, as to require the apportionment for members of the house ofrep resentatives to be made upon the basis of popu lation, instead as provided in that section: "Also to so modify the thirty-third section, as to cause the enumeration, provided for in that section, to be made in the years 1859, 1863, 1865, 1867, 1869 and 1875, instead as provided in that section." I voted for that basis of representation, as did every other member in the convention, except two. I did so, however, without reflection. I have since become satisfied that it was wrong, and I want to have an opportunity to put myself upon record in favor of some other basis of representation. I shall, therefore, call the yeas and nays upon this resolution. Mr. TRAER; moved to lay the resolution on the table. Mr. CLARKE, of Henry. Woul d an amendment to that resolution be now in order? The PRESIDENT. Not at this time, a motion having been made to lay the resolution upon the table. If this reso lution, however, i s laid up on the table, it wi ll not preclude the gentleman from Henry [MIr. Clarke] or any other gentleman, from moving to recommit this article with different instructions. Upon the motion to lay upon the'table Alr. CLARKE, of Johnson, called for the yeas and nays, and they were accordingly ordered. The question being then taken, by yeas and naysg, upon the motion to lay the resolution upon the table, it was agreed to, yeas 23, nays 12, as follows: Yeas-Messrs. Ayres, Clark of Alamakee, D,ay, Emerson, Gibson, Gillaspy, Gray, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer and Winchester. Nays-The President, Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Marvin, Parvin, Warren, Wilson and Young. Mr. EDWARDS, when his name was called, said: " Although this apportionment gives my district a greater representation than we would be entitled to, under the old apportionment, yet I think it will work such injustice to the old counties, that I do not ask it for the benefit it . Mr. WILSON. I wish to move to refer this article to the standing committee with certain instructions, unless th e amendment I propose can be made by general consent. I think, when the ir attention is called to it, that me mber s will all see the difficulty that will fo llow from the adoption of this article a s i t no w stands. It is provi ded i n th e thirty-third section t hat "The general assembly shall, i n the years 1858, 1862, 1864, 1866, 1868, and 1875, and every ten yea rs thereafter, cause an erumeration to be made of all the white inhabitant s of the State." The thirty-fourth section then pr ovid es that,"The number of senators shall, at th e n ext session following each period of m aking such enumeration, and the nextsessionfollowing each United States census, be fixed by law, and apportioned among the several counties, according to the number of white inhabitants in each." That will require an apportionment of se n at ors every two years, wh ereas we have fixed their terms of office at fou r years. It seems to me that that section ought to be changed so as to requirete the senators to be apportioned by the general asse mbly in 1858, a nd every fourth year therea fter. MNr. PARVIN. I would also suggest another reason for this alteration. Suppose that we limit by this constit ution, as we have d one here by the thi rty-fifth section, the numoe r of senators to fifty. And suppose that an apportion - ment is made when the full number of senators -fifty-are elected. There way be new countie s the n that wi ll want se nato rs, but the y cann ot displace any of those e lected, until the four years for which they were elected shall have expired. I think, therefore, this amendment is necessary. Mr. CLARKE, of Henry. This amendment may be right enough, but I cannot see the necessity of it. As I understand it, one-half of our senators will go out of office every two years. Now if we do not provide for an apportionment of senators except at the end of every four years, there will still be one-half the senators to remain in office for two years. So that it will be the same, it appears to me, whether the apportionment is made every two years, or every four years. Whenever the apportionment is made, one-half of the offices of senators are filled; so that it seems to me tft the amendment of the gentleman from Jefferson, [Mir. Wilson,] does f s I I I 1011 [MarcliL 4til. E,,-zumeralion and Apportionment. .A.p.portion,nient of Senators. APPROVAL OF BILLS, &C. Wednesday]. WILSON-SKIFF-WINCHESTER —SOLOMON-CLARKE, of J., &c. not reach the matter at all. I think, therefore, it would be better to leave the section as it is. I must object to this amendment, because I do not see the necessity for it. Mr. WILSON. I have no wish to urge this amendment upon the convention, unless they can see the propriety of it. It seems to me that the amendment is necessary. In 1858 there is to be an apportionment of the senate. The senatorial term is for four years, commencing with the first session under this constitution. The senators first elected und:r this constitution will hold for four years. And it seems to me, therefore, that there is a propriety in making the apportionmnent of senators only at the commencement of the senatorial term under this constitution, the first of which will not expire until the year 1862. Objection being made by Mr. Clarke of Henry, the amendment was not agreed to. ed to forward to members of this convention the mail matter which may arrive at this affice, after the final adjournment of' this convention, and that he be allowed the sum of thirty dollars for said'services." Mr. SOLOMNION. If other members will do as I propose to do, they will get their mail matter themselves. I intend to go to the post office, and ask the postmaster to forward my mail matter to me. I move to lay this resolution upon the table. Mr. CLARKE, of Johnson. I desire to say that this resolution is altogether unexpected to ihMr. Trowbridge, and he does not desire the job. He would take it as a favor if the mover of this resolution would withdraw it. Mr. TRAER. I would move to strike out the name of "S.,C. Trowbridge," and insert the name of " Willis Conard," our paper-folder. Mr. WINCHESTER. I will accept that amendmerit. Mr. SOLOMON withdrew his motion to lay upon the table. The question was then taken upon the resolution as modified, and it was adopted. Approval of Bills. Mr. WILSON. I wish to have another amendment made to this article; to add to section sixteen, which relates to the approval of bills by the governor, the following: "Any bill submitted to the governor for his approval during the last three days of a session of the general assembly, shall be deposited by hirh in the office of the secretary of state within thirty days after the adjournment, with his approval if approved by him, and with his objections if he disapproves thereof." My reason for desiring the incorporation of this provision with the article upon the legislative department is this: It is well known that all the important business of the general assembly is kept until within the last two or three days of the session. when nearly all the important bills are passed, and the governor has therefore, no time to-examine them thoroughly before the adjournment. For the purpose of giving him that time, I offer this amendment, so that the governor will be required to deposite all bills submitted to him during the last three days of a session, in the office of the secretary of state, within thirty days after the adjournment with or without his approval, as the case may be. No objection being made, the amendment was agreed to. The fu rt her con si deration of the article on the legislative department was here suspended. Mr. WILSON. I think as th e different articles of our constitut o n are read t r d the third time, and passed, they ought to be enrolled, i n order that there may be an en rolled copy of the constoittiotl, to be signed by members of this convention, before we adjourn. I would, the re fore, suggest the propriety of employing two or more clerks to do this work, in order that it may go on immediately. Mr. HALL. I hope the gentleman does not expect us to stay here until this constitution is all enrolled. If he does I think he will be niistaken. Mr. CLARKE, of Henry. I think the parchment is already prepared for enrolling. and the work can be commenced forthwith. Mr. TRAER. 4 was talking with the gentletleman who is now engaged in preparing an enrolled copy of the constitution, and he says he does not think that he could complete it in a day and night. On motion of Mr. SKIFF The Convention then tool; a recess until tonight at seven o'clock. Forwarding Mail M.atter to Members. Mlr. SKIFF moved that the convention take a recess until to-night at 7 o'clock, but withdrew the motion at the request of Mr. WINCHESTER, who said: The chairman of the committee on expenditures, [Mr. Johnston,] has requested me to offer the following resolution, so that the committee may be able to report to-nigl.t: " Resolved, That S.C. Trowbridge be employ The Convention re-assembled at seven o'clock P. M., and was called to order by the President. Mr. TODHUNTER. I move to take up the [38th Day. 1012 [Diarch 4t h -Enrollin,q the Constitution. NIGHT SESSION. Adjournment Sine -Dic. 0 ADJOURNMENT SINE DIE. Wednesdday] GILLASPY-WILSON-TDHUNTER-BUNKER —TRAER-PAR~IN, &c. [Dlarlch 4th resolution laid upon the table to extend the time fixed upon for adjournment. MAr. GILLASPY. I hope the gentleman will withdraw that motion, and let us go on and work until the proper time for closing our night's labor. We can go on and work until twelve o'clock, and if we are not through then. we can take up the resolution, and pass it, as well as we can now. Mr. WILSON. I hope the resolution will be taken up now, and passed by this convention. We can just as well do it now, as to attempt to do it at midnight, or near midnight, and then fight upon it until after twelve o'clock, and be compelled to adjourn without any constitution. If we get through to-night, we can adjourn just as well without an order to that effect as with one. I hope this resolution will be taken up and passed. Mr. TODHUNTER. We have placed in this new constitution all the guards we could possi bly devise to prevent indecent haste in legisla tion hereafter. And yet it is proposed that we should ourselves set a different example to future legislatures by sitting here to-night, and hur riedly passing through the matters before us, and perhaps spoiling all that we have done during the entire session of this convention. I am satisfied, and I think that every member upon this floor must be fully satisfied, that we cannot complete our labors to-night. It would be improper to do so, or for us to even attempt to do so. We may sit here until to-morrow morning, and then not complete our work. We should exercise some care in our work here, so that the constitution, when it leaves our hands, shall be in proper shape, and have all its parts fit together, so as to make it such a complete in strument as we can sustain hereafter before the people. We have spent too much time, and too much money upon this constitution to fool it all away by endeavoring to complete it to-night. There is no gentleman here who is more I anxious to get away than I am. But I am not willing to sacrifice all our winter's;work for the sake of enabling one or two individuals to get home a day or two sooner. I will say farther, that if there are members here who wish to leave for home to-morrow, I am willing to excuse ,them from attending here. But I am not wil ling, in order that they may do that, to have this constitution put together in an imperfect and in complete manner. Mr. BUNKER. I should hardly know how to vote upon this question, unless I knew the effect upon this convention of an adjournment until to-morrow. The PRES$ DENT. The chair can givenoex planation in regard to that matter, and can only put the question to the convention. Mr. TRAER. I should be inclined to vote against taking uo this resolution, were it not that I desire to save-time, and get rid of this matter as soon1 as possible. I shall, therefore, vote in favor of taking it up. The question recurred upon the motion to take up the resolution rescinding a former resolution fixing the fourth of March as the time for the final adjournment of the convention. Upon this question Mr. TODHUNTER called for the yeas and nays, and they were accordingly ordered. The question being then taken, by-yeas and nays, upon taking up the resolution, it was agreed to; yeas 17, nays 12, as follows: Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Hollingsworth, Marvin, Parvin, Scott, Todhunter, Traer, Warren, Wilson and Young. Nays —Sfessrs. Ayres, Day, Emerson, Gibson, GIllaspy, hIall, Harris, Johnstcn, Palmer, Patterson, Peters and Price. The resolution was then read as follows: "Resolved, That this convention rescind the resolution, adopted some days since, to adjourn on the fourth day of March, 1857, without day." The question was then taken, and the resolution was adopted. The convention then resumed the consideration of the article upon the legislative department, which was upon its third reading. Mr. PARVIN. I hope the figures in the thirtysthird section will be changed. Gentlemen will see at once the diffiulty th at wi ll a rise in c ons equence of the arrangement made for the meeting of the General Assembly. The census will be taken one year from this spring, and no General Assembly will meet the year following. The PRESIDENT. The amendme t can be agreed to by unanimous consent. There being no objection, the motion to strike out " 1858, 1862, 1864, 1866 and 1868," and insert in lieu thereof, "1859, 1863, 1865, 1867 and 1869," was agreed to. Mr. CLARKE, of Johnson. I desire to call the attention of the convention to the construction of this clause of the thirty-fifth section: "Every county and each district which shall have a number of inhabitants, equal to one half the ratio fixed by law, shall be entitled to one representative; and any one county containing, int addition to the ratio fixed by law, a fraction of one half that number, shall be entitled to one additional representative." To illustrate what I mean: Suppose there are two counties constituting a district, and the population of that district amounts to one half more tlan the ratio, they will be entitled to two representatives under the first clause. The next clause providbs "that any one county contain 128 38th Day] 1013 Legi8lative Department. Al -Apportionment qf Ilepre,3eiitation. 0AI't'ORTIONiIENT OF REPItESENTATION. TvRAE]R-CLARKE, of J. the convention to labor under a misapprehension as to the construction which will be put upon this section. Tr. TRAER. I wish to ask the gentleman to which portion of the section he objects? Mr. CLARKE, of Johnson. I object to this portion; "And any one county, containing in addition to the ratio fixed by law a fraction of one- half of that number, shall be entitled to one additional representative." Mr. TRAER. Upon this basis, if a county is entitled to one representative, no other county will be put into a district with that county, so that the objection r aised by the gentlemax is a merely imaginary one. Mr. CLARKE, of Johnson. The section does not say so. Mr. TRAER. I suppose the legislature will be composed of men of common sense, and can understand what the intention of the section was. The provision is not exactly what was reported by the special committee. It has been somewhat modified by the committee on revision. inn in atddition to the ratio fixed by law, a fractioni of one half of that number, shall be entitled to one additional representative." The result would be, that a district with a population of a fraction over half above the ratio, would really be entitled to three representatives. There would be two from the district representing the fraction and a half, and there would be one from the county which contained that fraction. It seems to me that a construction Inay be put upon this section-I will not say it will be put upon it-by which gross injustice may be perpetrated upon a large portion of the people of the State. Our fundamental law ought not to be open to objections of this character. This kind of ambiguity, which I have pointed out, ought not to exist in it. I do hope that a question of so much importance will receive the serious attention and consideration of the convention. This provision of the constitution, as it now stands, would increase the number of representatives from my district. But I am looking to the rights of the people at large. I ask the convention to take some steps to remove the apparent danger which exists here. The difficulty can be obviated by striking out a portion of the section, so that it would then read,Every county and each district which shall have a number of inhabitants equal to one half of the ratio fixed by law, shall be entitled to one representative." Mr. TRAER. It is a little surprising to me that gentlemen should make so much ado about this section. If they will refer to the constitution of Ohio, they will find a provision similar to this. WVhen gentlemen talk about inequality, and the injustice that will result from I the adoption of this section, they forget all the time that under the old system the newer counties had no representation at all. They forget that such counties as Johnson and Cedar have been representing us without our consent; and they forget that the shoe pinched then upon the other foot. They now begin to make complaint as they find the scepter of power passing away from them, and find that they cannot control legislation. They will find the power passing -away from them, let them work ever so hard to avert it. Mr. CLARKE, of Johnson. The gentleman does not meet the point I made. The objection I make to the section is, that it does not accomplish what the convention evidently intended. Trhe fact is, the section as it now stands, gives double representation for a firaction, wherev er the district is composed of two or more counties. Suppose there are three counties, and in the whole of the district there is a fraction over the ratio. The district has a representative and the fraction in one county has a representative; so that is a double representative for this fraction. That was not the intention of the convention. I am not seeking to cut down the basis of representation, but to confine it to what was evidently the intention ot the convention. I do not want 3Y:r. CLARKE, of Johnson. If this section provided that no county having more than a fraction over half the ratio, should be joined with any other county, then the gentleman's construction would be correct. But there is no such provision hero; and it will not be the business of the general assembly to find out how many counties there are that have a fraction over half the ratio. Hence it was that I called the attention ofthe legal members of the al ers e co nvent ion to X the fact, whether the constru ctio n wh ich I have put upon this section will not be the legal one. Mr. TRAER. I would like to read the pro- / vision in the constitution of Ohio, which the gentleman will find to b e the same in principle as the section of whi ch t he gent lema n complains. The provision in the constitut ion of Ohio reads as follows: 1 "Every county, having a population equal to 1 one-half of said ratio, shall be entitled to one representative; every county containing said ratio, and three-fourths over, shall be entitled to l two representatives; every county containing three times said ratio, shall be entitled to three/ representatives; and so on, requiring after theft first two, an entire ratio for each additional representative." I contend that the provision we have here made in: our constitution gives the old counties of this state more representation thatn the counties in Ohio get. The only difference between this and the old systenm is simply this, that the newer counties get the advantage of the fraction for the first representation and the older counties get it upon the second. The PRESIDENT. Does the gentleman from Benton, [Mr. Traer,] object to the amendinent? Mr. TRTAER. I do. MNr. CLARKE, of Johnson. I move to recom i 1014 [3 8 th 1)a y Wednesday] [MarcliL 4tlx APPORTIONMENT OF REPRESENTATION. Wednesday] TRAER-CLARKE, of J.-PETERS-WILSON-PARYIN-CLARKE, of H. [lMarch 4th from Benton [Mr. Traer] will withdraw his ob I jections. M tr. TRAER. I think the adoption of the amendment of the gentleman from Johnson, [Mr. Clarke] would work great injustice to the new counties. I object to it upon the ground also that it will be depriving the older counties of more than one representative, unless they have a full ratio. Mr. WILSON. I wish to callthe attention of the gentleman from Johnson [MAr. Clarklie] to the thirty-sixth section: "At its first session under this constitution, and at every subsequent regular session, the general assembly shall fix the ratio of represen tation, and also form into representative dis tricts those counties which will not be entitled singly to a representative." I would ask him if this does not provide for the difficulty which he suggests? oMr. CLARKE, of Johnson. I think not. I desire to have this matter referred to the coni mittee with the instructions which I have sug gested. Mr. PARVIN. I do not believe that it is ad visable at this late hour to refer this subject to the committee in order to get a change. I do not believe this section will be changed because there was too decided a vote in favor of this I section for the convention to change it. i Mr. CLARKE, of Henry. There is an univer sal dissatisfaction with regard to this section, because it is unjust upon its face. To say that one-half shall be equal to the whole strikes t every one as manifestly unjust and improper, and every gentleman here, if he will reflect for a moment, will see that the provision in this section will operate unequally, and will create dissatisfaction all over the state. For instance, if you say that a county which shall have a pop ulation equal to one-half of the ratio shall be entitled to one representative; and if the ratio should be fixed at ten thousand, why then a new county which happens to have five thousand inhabitants will be equal in point of representation to another county that has fourteen thousand, nine hundred and ninety-nine. You do not say one-half of the number of inhabitants of any other county that has but one representative, but you say a population equal to one half of the ratio fixed by law. I am confident that the adoption of this section here will create more dissatisfaction than is generally supposed by gentlemen. I suggested the idea that we should say "twothirds" instead of "one half;" but it did not elicit any remark or discussion here, although it has elicited discussion and remark since this proposition has gone out among the people. But gentlemen come and tell me that by the adoption of this section my own county will be the gainer. I do not ask that my county shall have any mor e than a fair representation. I do n ot ask that she shall have any advantage over and above any other county. No gentleman here should NO oo ectlon being ma e ~ne amen Umenl was agreed to. A 47portionment of Representation. , motion to recommit the article on the legis k Mr. CLARKE, of Johnson. I now renew my shudbfieattatosn,wyte a hlittive department to the standing commit tee upon that subject, with instructions to con sider the expediency of striking out a portion rof th e t hirty-fifth section, so that it would read as follows: The Seniate shall not consist of more than fifty members, no r the House of Representatives of more than one hundred; and they shall be apportioned among the several counties and representative districts of the state, according to the number of white inhabitants in each, upon ratios to be fixed by law; Provided, That no representative district shall contain more than four organized counties, and shall be entitled to one representative. Everv county and each dis trict which shall have a number of inhabitants equal to one half of the ratio fixed by law, shall be entitled to one representative-; Provided, .further, That no floating district shall hereafter be formed. Mr. PETERS. I hope that the gentleman 1015 38 th Day.] APPORTIONMENT OF REPRESENTATION. r3Sth Day. ~~Vednesday] IIARRIS-EDWARDS-CLARKE, of ll.-MA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~tYJN. [~~~~~~~~~rch 4th~~~~~ ask any such advantage for his constituency, t but we should all act justly and fairly in this matter. I suggested to the gentleman from Mills, ['Mr. Solomon,] and I now say, that I am wil- 'ing to take into consideration population as well as territory in the matter of representation; and I.am willing, to a certain extent, that we should consider organized counties, in connec- tion with this subject. But Iwas never willin g to saI that one halt should be equal to a whole. I hope this whole subject will be re-committed to the commnittee on the legislative department, and that they will report back a recommendtation to insert "'three-fourths" instead of "one- half." I do not think the objection of the gentleman from Johnsoin [.lr. Clarke,] to the last clause of the section has much force. I think it is p,er- f fectly clear and apparent tlhat it'i ( ountyv o)f over ftivo tlhousand inhabitants,hall 1be Il)it ito a di. trict with another county, she will be entitled to a representative; but if a county has less than five thousand inhabitants is attached to another county, they can only get one representative between them. The great difficulty in this matter is in saying, that a county which has a population equal to one-half of the ratio is entitled to representation, and for that reason I would ask, that the committee be instructed to report that " three-fourths" be submitted in pl:.ce ot' "one-half." I think it must strike the irind of every one here, that the provision conrained in this section will work a great deal of hardship, and will create much dissatisfaction, and, therefore, that we had better remedy the dif:iculty, andtl establish a different basis. Mr. IIHARRIS. I call for the previous question. The question was then taken., by yea, s and nays, upon the motion made by Air, C('lrke of Henry, and it was not agreed to; yeas 12, nays 22, as follows: Yeas-The President, Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Ells, Gower, Mlarvin. Scott, Skiff, Warren and Young. Nays-Mo.ssrs. Ayres, Clark of Alamakee, Day, Edwards, Emerson, Gibson, Gillaspy, Gray, Hall, Harris, I-Iollingsworth, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Seely, Todhunter, Traer and Winchester. Mr. CLARKE, of Henry. I ask the unanimo u s consent of the convention: to insert "twothirds " in the place of one half, " in this secti on. ,ir. MARVIN. I hope the suggestion of the gentleman from I-Henry will be agreed to. The Act is, in our great anxiety to get rid of the floating system, we are about to adopt a system ten times worse than that. It will give the legislature an opportunity to gerrymander the State, and they may so alter the ratio that certain counties may be left with a population just below the ratio, and thus be deprived of their proper representation. There is no State in the The call for the previous question wa.,i seconded, and the main question was than ardered to be put. The PRESIDENT. The question is upon the motion of the gentleman from Johnson, [lr. Clarke,] that the article on the legislative de- partment be re-committed to the standing com- mittee on that subject, with instructions to so amend the thirty-fifth section that it will read: I "liThe senate shall not consist of more than fifty members, nor the house of representatives of more than one hundred; and they shall be apportioned among the several counties and representative districts of the state, according to the number of white inhabitants in each. upon ratios to be fixed by law; Provided, That no representative district shall contain more than four organized counties, and shall be entitled to one representative. Every county, and each district which shall have a number of inhabitants equal to one half of the ratio fixed by law, shall be entitled to one representative; andany one county containing in addition to the ratio fixed by law a fraction of one-half of that number, shall be entitled to one addi I I 1016 Wednesday] I-IARRIS-EDWARDS-CLARKE, of II.-MAlt.VIN. [MareliL'4th STATE CAPITOL AND UNIVERSITY, &C. CLARKE, of J.-CLAP'KE, of H. —TRAER-WINCIIESTER. Union where such a system for dividing the State has been adopted. 'The question was then t.aken, by yeas and nays, upon the motion made by Mr. Clarke ol Henry, and it was not agreed to; yeas 13, nays 20, as follows: Yeas-The President, Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Ells, Gower, Gray, HIollingsworth, Scott, Skiff, Warren, Wilson and Young. N\ays —Messrs. Ayres, Clark of Alamakee, Day, Edwards, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Seely, Todhunter, Traer and Winchester. The PRESIDENT. The question now before the convention is, "Shall the article pass?" Upon this question MIr. CLARKE, of Johnson, called for the yeas and nays, and they were accordingly ordered. The question was then taken, by yeas and nays, and the articl e was passed; yeas 30, nays 4. as follows: Yeas —The President, Mnessrs. Ayres, Clark of Alamakee, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gray, I-lall, Harris, Hollingsworth, Johnston, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young,. Naays —Messrs. Bunker, Clarke of Henry, Clarke of Johnson, and Gower. Sec. 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Iowa. Sec. 2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shabll hold his office two years from the time of his installation, and until his successor shall be elect ed and qualified. Sec. 3. There shall be a Lieutenant Governor, who shall hold his office two years, and be elected at the same time of the Governor. In voting for Governor and Lieutenant Governor, the electors shall designate for whom they vote as Gov ernor, and for whom as Lieutenant Governor. The returns of every election for Governor, and Lieutenant Governor, shall be sealed up and transmitted to the seat of government, directed to the speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly. Sec. 4. The persons respectively having the highest number of votes for Governor and Lieutenant Governor, shall be declared duly elected; but in case two or more persons shall have an equal and the highest number of votes cast for either office, the General fssembly shall, by joint vote, forthwith proceed to elect one of the said persons Governor, or Lieutenant Governor, as the case may be. -Sec. 5. Contested elections for Governor, or Lieutenant Governor, shall be determined by the General Assembly, in such manner as may be prescribed by law. Sec. 6. No person shall be eligible to the office of Governor, or Lieutenant Governor, who shall not hai e been a citizen of the United States and a resident of the State two years next preceding the election, and attained the.age of thirty years Rt the time of said election. Sec. 7. The Governor shall be commanderin-chief of the militia, the army, and navy of this State. Sec. 8. He shall transact all executive business with the officers of government, civil and military, and may require information in writing Mr. CLARKE, of Henry, from the committee on revision, reported back the article with regard to the location of the seat of government and the State University, as follows: Sec. 1. The seat of gvernmcent i s hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk, and the State University at Iowa City, in the county of Johnson." The article having been read the third time The yeas and nays were d em anded, and ordered upon its final passage. The question was then taken, by yeas and nays, and the article was passed; yeas I'2, nays 12, as follows: Yeas-The President, Mless,rs. Ayres, Clarlke of fIenrv, Clarke of Johnson, Day, Edwards, Gibson,'Gillaspy, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Price, Robinson, Scott, Seely, Skifl, Solomon, Todhunter and AVarren. Nilys —Messrs. Bunker, Clark of Alamakee, Emerson, Gower, Gray, Marvin, Parvin, Peters, Traer. Wilson, Winchester and Young. Mr. TRAER. I desire to say in explanation of the vote 1 gave upon this question, that I consider this p)rovisioni endangers the adoption of the constitution. I did not vote "no" be 38th Day] 1017 [Illarcli 4tli. Wednesday] ,State, Capilol and U)ziversity. EXECUTIVE LEPARTMENT. WVcdCiesday] WILSON. [March 4th from the officers of the Executive Department resignation, removal from office, or other disaupon any subject relating to the duties of their bi!ity of the Governor, the powers and duties of respective offices. the office, for the residue of the term, or untilhe Sec. 9. He shall take care that the laws are shall be acquitted, or the disability removed, faithfully executed. shall devolve upon the Lieutenant Governor. Sec. 18. The Lieutenant Governor shall be President of the Senate, but shall only vote when the Senate is equally divided; and in case of his absence or impeachment, or when he shall exer cise the office of Governor, the Senate shall choose a President pro tempore. Sec. 19. If the Lieutenant Governor, while acting as Governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the President pro tempore of the Senate shall act as Governor until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the I-House of Representatives. Sec. 20. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa. Sec. 21. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the Great Seal of this State, signed by the Governor, and countersigned by the Secretary of State. Sec. 22. A Secretary of State, Atiditor (f Public Accounts, and Treasurer of State, shall be e lected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified; and perform such duties as may be required by law. Mr. WILSON. I pro pose a verbalamendment in the thirteenth section, to strike out the words "provided it be not," and insert " but no such adjournment shall be." So that the section will read-| "In case of disagreement between the two Houses with respnt to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper; but no such adjournment shall be beyond the time fixed for the regular meeting of the next General Assembly." I ask the unanimous consent of the convention to make the amendment. There being no objection, the amendment was agreed to. Mr. WILSON. I would suggest an amendment to the twenty-second section, to strike out "public accounts," and insert is State" in lieu thereof, so that the section would read "A Secretary of State, Auditor of State, and Treasurer of State, shall be elected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified; and perform such duties as may be required by law."- Sec. 10. When any office shall, from any (tause, become vacant, and no m ode is provided by the constitution and laws for filling such va ctancy, the Governor shall have power to fill such vaciteicy, by gran ting a commission, which shall expire at the end of the next session of the Gen eral Assembly, or at the nex t electio n b y t he people. Sec. 11. Ie may, on ext raordinary occasions, convene the General Assembly by proclamation, and shall stats to both Houses, when assembled, the purpose for which they shal l have been con vened. Sec. 12. tIe shall communicate, by message, to the G eneral Assembly, at every regular session, the condition of the Stat e, and rec om mend such matters as he shall deem expedient. See. 13. In case of disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may t hink proper; Provided, i ot be not beyond the time fixed for the regular meeting of the next fGeneral Assembly. Sec. 14. No person shall, while holding any off i ce under the authority of the United States, or this State, execute the office of Governor, or Lieutenant Gov ernor, except as hereinafter expressly provided. Sec. 15. The official term of the Governor, and Lie utenan t Gover nor, shall commence on the second Monday of January next after their election, and continue for two years, and until their successors are e lected and qualified. The Lieutenant Governor, while acting a s G ov ernor, shall receive the same pay as pr ovided f or Governor; and while presiding in the Senate shall receive als comp ensatio n therefor, the s ame mileage, and double the per diem pay provided for a Senator, and none other. Sec6.16. The Governor shall have power to gr ant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct execution of the sentence, or grant a further repi-ieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the General Assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and the reasons therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted. Sec. 17. In case of the death, impeachments y d h 11 e I I I d e e t I r I I I 1018 [38th Day. JUDICIAL DEPARTMENT. CLARKE, of J.-CLARKE, of II.-SKIFF. other Courts, inferior to the Supreme Court, as the General Assembly may, from time to time, establish. Sec. 2. The Supreme Court shall consist of three Judges, two of whom shall constitute 3 quorum to hold Court. Sec. 3. The Judges of the Supreme Court shal l be el ected by the qualified voters of the State, and shall hold their Court at such time and place as the General Assembly may prescribe. The Supreme Judges, so elected, shall be classified, so that one Judge shall go out of office every two years; and the Judge holding the shortest term of office under such classification, shall be Chief Justice of the Court during his term, and so on in rotation. After the expiration of their terms of office, under such classification, the term of each Judge of the Supreme Court shall be six years, and until his successor shall have been elected and qualified. The Judges of the Supreme Court shall be ineligible to any other office in the State, during the term for which they shall have been elected. Sec. 4. The Supremne Court shall have appellate jurisdiction only in all cases in chancery, and shall constitute a Court for the correction of errors at law, under such restrictions as the General Assembly may, by law, prescribe; and shall have power to issue all writs and process necessary to secure justice to parties, and exercise a supervisory control over all inferior judicial tribunals throughout the State. Sec. 5. The District Court shall consist of a single Judge, who shall be elected by the qualified votes of the District in which he resides. The Judge of the District Court shall hold his office for the term of four years, and until his successor shall have been elected and qualified; and shall be ineligible to any other office, except that of Supreme Judge, during the term for which he was elected. Sec. 6. The District Court shall be a Court of law and equity, which shall be distinct and separate jurisdiction s, an d have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. " Sec. 7. The Judges of the Supreme and District Courts shall be conservators of the peace throughout the State. Sec. 8. The style of all process shall be, " The State of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same. Sec. 9. The salary of each Judge of the Supreme Court shall be two thousand dollars per annum; and that of each District Judge sixteen hundred dollars per annum, until the year 1860; after which time, they shall severally receive such compensation as the General Assembly may, by law, prescribe; which compensation shall not be increased or diminished during the term for which they shall have been elected. Sec. 10. The State shall be divided into eleven Judicial Districts; and after the year There being no objection, the amendment was agreed to. Mr. CLARKE, of Johnson. I would suggest that in section twenty-one the word "' this" before the words "State" be stricken out, and that the word "the" be inserted in lieu thereof, so that the section would read IIAll grants and commissions, &c., shall be sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of the State." The yeas and nays were called, and ordered. The question was taken, by yeas and nays, and the article was passed; yeas 35, nays none. Yeas-The President, Messrs. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Several verbal amendments were made to the article. Mr. SKIFF. I was not here when this article was passed upon, and perhaps it may be pre sumption for me at this late hour to ask for the amendment I desire. I desire to strike out from the tenth section the words, "' but such increase or diminution shall not be more than one dis trict, or one judge of either court at any one session;" so that if the legislature shall think proper to increase or diminish the number of districts more than one at a session, they may doso. Mr. CLARKE, of Johnson. I cannot consent , to that. Our very object was to restrain the legislature from doing what they did last winter, making their districts to suit their candidates. Objection being made, the amendment could not be received. The question was then stated upon ~tle passage of the article, which, as amended upon its second and third reading, is as follows: .38th Day.] 101 9 L31arch 4tl]L Wednesday] There being no objection, the amendment was agreed to. The question was upon the passage of the article. Upon this question Nays-none. Judicial Dcpartment. Mr. CLARKE, of Henry, from the committee on revision, reported back to the convention the article upon the judicial department, which was then read the third time. Article 5.-Judicial Deapartment. Section 1. Thejudicialpower shall be vested in a Supreme Court, District Courts, and such MILITIA-STATE DEBTS. WVednesday] CLARKE, of II.-IIALL-CLARKE, of J. —WILSON-PALMIER, &e. 1860, the General Assembly may reorganize the judicial districts, and increase or diminish the number of districts, or the number of Judges of the said Court, and may increase the number of Judges of the Supreme Court; but such increase or diminution shall not be more than one district, or one Judge of either Court, at any one session; and no re-organization of the districts, or diminution of the Judges, shall have the effect of removing a Judge from office. Such re-organization of the districts, or any change in the boundaries thereof, or increase or diminution of the number of the Judges, shall take place every four years thereafter, if necessary, and at no other time. Sec. 11. The Judges of the Supreme and District Courts shall be chosen at the general election; and the term of office of each Judge shall commence on the first day of January next, after his election. Sec. 12. The General Assembly shall provide, by law, for the e'ection of an Attorney General by the people, whose teem of office shall be two years, and until his successor is elected. Sec. 13. The qualified electors of each judicial district shall, at the time of election of District Judge, elect a District Attorney, who shall be a resident of the district for which he is elected, and shall hold his office for the term of four years.,and until his successor shall have been elected and qualified. Sec. 14. It shall be the duty of the General Assembly to provide for the carrying into effect of this article, and to provide for a general system of practice in all the Courts of this State. The question being taken by yeas and nays, the article was passed, yeas 21, nays 6-as fol- lows: Yeas —The President, MNessrs. Ayres, Bunker, Clarke of Heinry, Clark of Johnson, Day, Edwards, Ells, Gibson, Gower, Gray, Hall, larris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays-M aessrs. Clark of Alamakee, Emertson, Gillaspy and Peters. "The state shall not become a stockholder in any corporation, nor shall it assume or pay the debt or liability of any corporation, unless in curred in tinme of war for the benefit of the state." Thuls it will be seen that the article on state debts prohibits the state from ever becoming liable for any corporation, and the article on corporations permits the state to become liable for a debt incurred in time of war for the benefit of the state. Mr. HALL. The last is a qualification of the first. Mrs WILSON. I intended to suggest that this clause be added to the article on state debts, and be stricken out from the article on corporations. On motion of Mr. CLARKE of Johnson, The words "unless incurred in time of war for the benefit of the state," were added to the first section. Mr. PALMER. Iwill call attention to the close of the fifth section. I would suggest that it should read, "and such law shall be published in one newspaperat least in each county where such newspaper is published." Mir. CLARKE of Johnson. I think it would read better the o the r way. Mr. WINCHESTER. I think the article reads better as it is. The amendment would make no difference in the meaning. It is only the differ i MIr. CLIARKE of Ilenry, from the committee on revision, reported back to the conven tion, the article upon the militia, which was then read the third time, as follows: Section 1. The militia of this state shall be composed of all able bodied white male citizens between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped and trained, as the general assembly may provide by law. [3 8 th Day. 1020 [March 4th Hilitia. Article 6.-.3filitia. fI 38th Day~~~~~~~~~j STATE DEBTS. 1021~~~~~~~~~~~~~~~~ GRAY-CLARK-SKIFF-TRAEIt —CIARKE, of II. ence between "iMcCarty came out," and "came out McCarty." (L tughter.) rit. GRAY moved to add the letter "s" to "pur pose,'," in the last line but one of section four, so as to read, "to the purposes for which it,vas raised." Mr. CLARK of Alamakee. There can only be one pur-pose for any one such debt. It might be either to repel invasion, to suppress insurrection, or to defend the state in war. MIr. GRAY. Iam not particular about it. Section six strikes me as particularly awkward in phraseology. You will lind the words "such law" repeated no less than four t ines in this section, anid "by law" in the same section. I have no amendment to propose. however. On motion of MIr. SKIFF, The words "by law" were stricken out, there being no other m(,de in which the legislature could forbid the contracting of debts or liabilities. The word "thereof " was substituted for " of such law," near the close of the section. The article as a menlded upon its second and third readings, is as follows: fend the State in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. Sec. 5. Except the debts hereinbefore speci fied in this article, no debt shall be hereafter contracted by, or on behalf of this State, unless such debt shall be authorized by some law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay and mischarge the principal of such debt, within twenty years from the time of the contracting thereof; but no such law shall take effect until at a general election it shall have been submitted to the peo ple, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object there in stated, or to the payment of the debt created thereby; and such law shall be published in at least one newspaper in each county, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. Sec. 6. The legislature may, at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same;- and may, at any time, forbid the contracting of any further debt, or liability, under such law; but the tax imposed by such law, in proportion to the debt or liabil ity which may have been contracted in pursu ance thereof, shall remain in force and be irrepealable, and be annually collected, until the principal and interest are fully paid. Sec. 7. Every law which imposes, continues, or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object. Upon the passage of the article Mr. TRAER called for the yeas and nays, and they were ordered accordingl,y. The question being taken, by yeas and nays, upon the passage of the article, it was agreed to; yeas 35, nays 0, as follows: Yeas-The President, Messrs. Ayres, Bunker, Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays-None. Section 1. The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation; and the State shall never -.ssume, or become re sponsible for, the debts or liabilities of any in dividual, association, or corporation, unless in curfed in time of war, for the benefit of the State. Sec. 2. The State may contract de}bts to sup ply casua! deficits or tailures in revenues, or to meet expenses not otherwise provided for; but the aggregate amDOUnt of suchi debts, direct and contiungeut. whether contra ted by virtu, of one or mniore acts of the General Assemnbly, or at different periods of time,,hall never exceed the sum of two hundred and fifty thousand dullars; and the money arising from the creation of such debts shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever. Sec. 3. All losses to the permanent, school, or university fun d s f this State, wh ic h sh all have been occasioned by the def/lcation, mismanagement or fraud of the agents or officers controllinig and managi g the same, shall be audited by the proper authorities of the State. The amount so audited shall be a permnanent funded debt againsl the State, in favor of the respective fund sustaining the loss, upon which not less than six per cent. annual interest shall be p;tid. The amount of liability so created shall not be counted as a part of the indebtedness authorized by the second section of this article. Sec. 4. In addition to the above limited power to contract debts, the State may contract debts Mr. CLARKE, of Henry. I move to reconsider the vote given here this evening, locating the capitol at Des MAloines, and the University at Iowa City. to repel invasion, suppress insurrection, or de 129 i 38th Day.j STATE DEBTS. 1021 Wednesday] IMarch 4tit Article 7.-State Debts. State Capitol and University. THANKS TO PRESIDENT OF CONVENTION, &C. [38th Day. Weednesday] GILLASPY-JOHNSTON-GlRAY-CLARK-CLARKE, of H. pay the debt or liability of any corporation, unless incurred in time of war for the benefit of the State. Sec. 4. Np political or municipal corporation shall~become a stockholder in any banking corporarion, directly or indirectly. Mr. GILLASPY. We have had enough of that subject; I move the previous question. The question bei ng ta ken upon the motion to reconsider, it was rejected. Thanks to the President of the Convention. Sec. 5. No act of the General Assembly, authorizing corporations or associations with banking powers, nor shall amendments thereto take effect, or in any manner be in force, until the same shall have been submitted, separately, to the people, at a general or special election, as provided by law, to be held not less than three months after the passage of the act, and shall have been approved by a majority of all the electors voting for and against it at such election. Sec. 6. Subject to the provision s of the fore - going section, th e Gener al Assembly m ay provide for the establishment of a State bank with branches, in addition to banks pr ovide d for by general law. Sec. 7. If a State bankg be esta blished, it shall be founded on an a ct ual spec ie b asis, a nd the branches shall be mutually responsi ble for each other's liabilities upon all paper credi t iss ued as money. Sec. 8. If a generanbanking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills, or paper credit designed to circulate as money, and require security to the full amount the re of, t o be deposited with the State Treasurer, in United States stocks, or in interest paying stocks of States in good credit and standing, to be rated at ten per cent. below their average value in the city of New York, for the thirty days next pre ceding their deposit; and in case of a deprecia tion of any portion of said stocks, to the amount of ten per cent. on the dollar, the bank or banks so depositing shall be required to make up said deficiency by depositing additional stocks. Said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer, and ta whom. ,)r. JOHNSTON. I offer the following resolution: "Resolved, That the thanks of this convention be hereby tendered to the Hon. Francis Springer for the able and impartial discharge of his duties as President of this convention." I offer this resolution at this time for the reason that several members expect to leave in the morning, and I wish the vote to be taken in a full convention. I desire to say further, that I believe this resolution expresses the feelings of the gentlemen with whom I am politically associated; and I think the convention are very much indebted to the manner in which the duties of the Chair have been discharged, for the expedition of business. I hope the resolution will be adopted by acclamation. The resolution was passed by acclamation, and unanimously agreed to. Mr. GRAY. I offer the following resolution: "Resolved, That the President of this convention be authorized and invited to remove atd retain at his pleasure, the chair which he has so ably occupied during his presidency of this convention." It is only necessary to say, in support of this resolution, that there has been a precedent for it in other and similar conventions. It was done in Ohio. It is a matter of compliment to the President. The motion was agreed to. Mr. CLARK, of Alamakee, moved that the convention adjourn. The motion was not agreed to. Sec. 9. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all of its liabilities, accruing while he or she remains such a stockholder. Sec. 10. In case of the insolvency of any banking institution, the bill-holders shall have a preference over its other creditors. Sec. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned. Sec. 12. Subject to the provisions of this article, the General Assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, by a vote ,1r. CLARKE, of Henry, from the committee of revision, reported back to the convention the article on corporations, which was then read the third time, as follows: Section 1. No corporation shall be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided. Sec. 2. The property of all corporations for pecuniary profit, now existing, or hereafter created, shall forever be subject to taxation, the same as property of individuals. Sec. 3. The State shall not become a stockholder in any corporation, nor shall it assume or s s e I 1022 [Diarch 4th Corporations, Article 8.-Corporations. i CORPORATIONS. Wednesday] CLARKE, of J.-GRAY-CLARK-CLARKE, of H.-MARVIN, &c. shall have been," after "unless;" to make it more definite. Mr. CLARKE, of Johnson. I will move to strike out the whole section. of two-thirds of each branch of the General As sembly; and no exclusive privileges, except as in this article provided, shall ever be granted. MIr. CLARKE, of Johnson. There is an am biguity in the eighth section. It reads: "And in case of a depreciation of any por tion of said stocks, to the amount of ten per cent. on the dollar, the bank or banks so de positing shall be required to make up said de ficiency." This might be construed to refer to all the banks to make up the deficiency arising from the depreciation of the stock deposited by any one of them. I move to strike out "so deposi ting," and to insert in place thereof the words "owning said stocks." The amendment was agreed to. On motion of Mr. CLARKE, of Johnson, The word "and" was inserted to unite the last sentence with the preceding, in the same section, all referring to the same law. ,Ir. GRAY. I have a little batch of corrections to propose. I desire to strike out the first clause of section one, which seems to be quite unnecessary; to strike out "no corporation shall be created by special laws; but," so as to commnence, "The General Assembly shall provide by general laws," &c. Mr. CLARKE, of Johnson. There is another reason for that, which to my mind, is exceedingly forcible. The succeeding sections provide for the establishment of a State Bank, which must be done by special laws; so that this comes in conflict with section six. M~fr. CLARK, of' Alamakee. I object. I wish to look at it a little. I fear that the effect of it would be to allow the legislature to pass special laws to create incorporations. Mr. GRAY. No, sir; it will not. Mr. CLARK, of Alamakee. I wish to satisfy myself of that. Mr. GRAY. It would then read "The General Assembly shall provide, by general law, for the organization of all corporations hereafter to be created, except as hereinafter provided." The first clause does not limit the power any more than the other. The last clause limits the power as much as both together. Mr. CLARKE, of Htenry. I think both are unnecessary, and I shall object. Mr. MA&RVIN. It makes a very good preamble, and I prefer to have it there. Mir. GRAY. It certainly appears to me bungliug to have such a variety of unnecessary conjunctions and negatives. I proceed, however, to move to strike out the word "forever" from section two. It is a mere expletive. The amendment, to strike out the word "~ forever," was agreed to. Mir. GRAY moved to amend section three by inserting the words~ " such debt or liability Mr. WILSON. The first clause reads: "The State shall not become a stock-holder in any corpor at ion." The re main der of the sec tion we have provided for in the article upon State debts, and it would only be re-asserting the same thing to retain it here. I propose, therefore, to retain the first clause, which is not provided for elsewhere, and to strike out merely the latter portion of the section. Mr. CLARK, of Alamakee objected to the amendment. On motion of Mr. GRAY Several merely verbal amendments were adopted without debate. Mr. GRAY. I move to amend section seven, by striking out the words "paper credit issued," and inserting, "notes, bills, and other issues intended to circulate." I have some doubt about the word "credit," i n connection wit h pape r; it implies fai th, reliance. Mr. CLARKE, of Henry, objected to the amendment. Mr. GRAY. The same phrase ology occurs' again in section eight; I hope the gentleman will not require the term to be used more than once. It can be struck out here, and retained there. Mr. CLARKE, of Henry, acquiesced in that suggestion, and the amendment was made. Mr. WILSON. I move to insert the word "also" in section six, after " may," and I do i t for this purpose. The first section reads: " No corporation shall be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided." Now if the sixth section passes without anything to connect it with thg first, the construction may be given, that the State Bank will have to be created by a general law. Mr. CLARKE, of Johnson. My impression is, that when it passed, that would be found to conflict. Mr. WILSON. I will suggest that this question was brought up a few days since, and the convention agreed in committee to make the correction; but I see that the correction has not been made. The amendment was agreed to. Mr. SKIFF. It seems to me that it is unnecessary in section nine, to use the feminine gender. It is well known that in all judicial decisions, the word " man" is construed to refer to the whole human family, including man and woman. I propose to amend this section by striking out these unnecessary phrases. It is a merely verbal correction. I think the section reads awk 1028 38th Day.] (March 4tlt 1024 CORPORATIONS. L3Sth Day Wednesday] MARVIN-CLARKE, of J.-SKIFF-WILSON-GILLASPY-CLARK, &c. [Iarch 4th wardly now. I would suggest that it read as follows: " Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of his stock, to an amount equal to his respective shares so he.d, for all its liabilities, accruing whil e he remains such stockholder. tinr. IhARVIN. I move that that be referred to the nmilitary commi t tee. (Laughter.) sIr. CLARKE, of Joh nson. I do not like the modification, although I thlink there might be some improvement. I do not think it reads any mor e smoothlv. bur. SKIFF. I shou ld no t object to any impro vement. The modification seemed to me to make the s ection read more intelligibly. t,r. CLARKE. I will m ake no oppositi on t o the amendinerit. Salr. WILSON. I object I thin k it reads better as it is. Objection being made, t he a mendme nt wa s not received. AMr. GILLASPY. I rise here, sir, at this late h our of the nih t to make a personal explanation. Ihold in my han d th e n ewsp aper known as the "D aIily Evening Reporter," published in this city, dated Februar y 28, in which I find that fot r members of the democratic pa rty upon this floor, are held up t o the public gaze as the only demoicrats in thi s c on vention. So fir a s those gentlemen ar e c onc erned, I ha v e not a word to say; but that is followed h ey an article reading ever y other democrat upon this flo or out of the party. The article is as follows: '- ANTi-BA:NK:TE.-IBFRs.-AYERS, EMERSON, PETERS, SOLOSION. The above gentlemen are a1nnounced to us as the regular, genuine, II,-rd-mone7/ ltnti-Barnk MNembers of thec(onstitutional Convention —a very respectable and worthy "Qt,lartette" of Independent Democrats: but, of course, not leaven enough to leaven the lump; consequently, it is to be hoped the latter will originate:t very unpalatable as Jell as indiges.tible loaf for the dear Shinplaster-loving People." I desire to say, as a democratic member of this convention, that I came here to represent, not only the democratic party of my county, or district, or the democratic party of the State, but, so far as in me lies, to represent the great interests and wishes of the entire people of the State. I am certain that by ray vote here for the adoption of the article on incorporations, I shall represent four-fifths of the entire population of my county. I repudiate the idea that the editor of this paper shall assume to himself the province of reading out of the democratic party any of the members of that party-and I speak more particularly for myself-who were democrats before he was born, and who have been democrats a good deal longer than he has been of late years. I undertake to say that [ have always been, as I am now, in fravor of banks upon a sound and safe basis. I am satisfied that four-fiflths of the people of this State are in favor of such batks. This article is not just what we desire; but I shall vote for it, believing it to be the best thirng we call do. I am willing that the people should have the right to determine this question for themselves. I Lave no doubt that these bfour gentlemen all voted honestlv,; but I have no idea that the gentletnali from Mnills, [MIr. Solomon.] or any other one of them, would have been willing to assiume the entire respousibility of defetting this article. mI wish merely to say that I repudiate this whole article, and the authority of the gentleman that wrote it. M r. CLARKE, of Johnson. I trust that I shall be allowed to say a single word in defence of my constituents, who are tssailed at this late hour by their political friends. 1 desire to say that I think the editor of that paper, when lihe comes to i-ead our article on corporations, will take back all hle has said; and hlie will not only concede that the gentletman is a " hard-monley" Oman, but that a considerable portion of the republican party deserve the saine title. 1 think the gentlemnan's orthodoxy will ibe fully satisfied when the editor of the " Reporter" comes to read this article. iMr. CLARK, of Alamnakee. I think I am peculiarly capable of sympr lithizing with my friend from WVapello, [M.lr. Gillaspy.] I can appreciate his wounded teelings, having, been myself read out of the democratic party two years and a half ago. (Laughter.) IMr. GILLASPY. But I am in the democratic party, and the gentleman is out off it entirely. i-Mr. HALL. I rise to a question of privilege. I do not think these outsiders have ally right to come into this filmily quarrel. It is not a "free fight" at all. I would just thank them t," mind their own business, and take care of their own family quarrels; and they will find that as much as they can attend to. (Laug,hter.] Mr. CLARKE, of Henry. I amn sorry for my friend from Wapello's wounded feelings; but I am happy to thii4k that my prophesy is about to be fulfilled. I assured him that we should shake hainds politically before niany years, and I see he is coming over. The question was stated upon the passage of the article. Upon this question Air. CLARKE, of Johnson, called for the yeas and nays, which were ordered. The question being taken, by yeas and nays, the article was passed; yeas 29, nays 6, as fullows: Yeas-The President, Mes srs. Bunker, ClGark of Alamakee, Clarke of Henry, Edwards, Ells, Gibson, Gill,aspy, Gower, Gray, Hall, Harris, Hollingsworth, Johnston, MIarvin, Palmer, Parvin, Patterson, Price, Robinson, Scott, Seely, Skiff, Todhunter, Tr,ter, Warren, Wilson, Winchester and Young i 1024 CORPORATIONS. [38th Day t i PRPINTING THE CONSTITUTION, &C. Thursday] SKIFF —HARtR1S —CLARKE, of J.-JOIINSTON-IIALL-TODIIUNTER, &c. Lllarch 5th I understand that our daguerrean artist, J. R. Hartsock, is anxious to have a copy of the debates. As he has given us a copy of our faces, I think it is no more than fair tlhat we should give him a copy of our debates. I, therefo)re, move that his name be inserted in the proper place. The motion was agreed to. Natys-Nessrs. Ayres, Cla rke of Joh nson, Day Emerson, Peters and Solomon. asr. SKIFF. It is late, and the Secretary has a great deal to attend to. I move that the con vention a tdjourn. Sir. HARRIS. We have gone through ten articles, and there are only four remaining. - suppose that we could finish in perhaps three quarters of an hour; and we shall have as much as we can do to-morrow. Mlr. CLARKE, of Johnson. I hope the con vention wvill have some mercy on the secretaries They will have to work here all night, and cannot have the journal made up by the morning if we sit longer. Mlr. JOHNSTON also expressed a hope tha the convention would adjourn for the sake of the secretary, the hour being late. . Mr. GRAY. I offer the following resolution: - "Resolved, That the Assistant Secretary of ' this convention be allowed one dollar per diem I for his services to the convention, in addition to ti the sum heretofore allowed him, making six dole lars per diem during the attendance of the con vention.2' I believe, upon a reconsideration of the matter, that the two secretariet ought to be put upon an equality. There is no difference of opinion with regard to the efficiency of the assistant secretary and his ability and promptness in the discharge of his duties; and I hope the resolution will be adopted without debate and without opposition. The resolution was agreed to. The mo tion wa s agreed to. The convention accordingly adjourned until to-morrow morning at nine o'clock. The Convention met at nine o'clock, A. M., and was called to order by the President. Prayer by the Chaplain. The journal of the morning session of yesterday was read and approved. Mr. JOFHNSTON, from the committee on expenditures, reported a statement with regard to the per diem and mileage of members, based upon the number of miles reported to the secretary yesterday, and upon the supposition that the convention would adjourn to-day. Mr. MARVIN. I suppose it will be necessary to meet to-morrow, and if that is the intention of th e convention, it would b e b etter to ory the report on the table. Mir. CLARK of Alamakee. For the purpose of testing the sense of the conventton. I will move that the convention adjourn sine die on or before 7 A. M., to-morrow. -0 The motion was agreed to. The report of the committee was read, stating that the members were entitled to one hundred and forty one dollars each for forty-seven days, including to-morrow, the President being entitled to double pay, or two hundred and eightytwo dollars; and for mileage as fo lows: Miles. Mileage. The President, - - - 66 $9 90 Messrs. Ayres, - - - 260 39 00 Bunker, ----- 34 5 10 Clark, of Alpmakee, - 600 90 00 Clarke, of Henry, - - 120 18 00 Clarke, of Johnson, - 000 00 00 Cotton, -. —. 200 30 00 Day, - - - - - - 328 49 20 Edwards, - - - - 280 42 00 Ells, - - - - - 110 16 50 Emerson, -... 640 96 00 IJr. SKIFF offered the following resolution: "Resolved, That a committee be appointed for the purpose of getting copies of the new constitution printed for the use of the members of this convention; and that said committee be instructed to proceed and procure such printing ready fo)r distribution to-morrow morning at 7 o'clock." Mr. HALL having suggested that each member should have fifty copies, MIr. SKIFF filled the blank with'" two thousand." Air. TODHUNTER. I would ask whether this can be done by to-morrow morning? I sent to the office to inquire with regard to it, and the answer was rather indefinite. Mir. HALL. Our printer is exceedingly inefficient, as inefficient as it is possible for anybody to be; but by the uniting of all the printilg offices, the printing can be done. The resolution was agreed to. The PRESIDENT appointed Messrs. Skiff and Warren as said comumittee. MAlr. TODHIUNTER. It will be necessary that the matter should be immuediately sent to the printers; aqd I suggest to the committee the necessity of immedia-te action. Mr. SKIFF. I wish first to make a motion. I 39th Day.] 1025 Assista,7zt Sec2-etary. THURSDAY, Alarch 5, 1857. Per Diem aiid.3filea,.qe of Me7nbers. Printin.q the Constitution, 4-c. i I COST OF NEWSPAPERS, &C. Thursday], CLARKE, of J.-PARYIN —JOHlNSTON-HALL-WILSON-G1LLASPY, &c.' [llarch 5th "Resolved, That the allowances made in the statement be approved, and a certificate of the same, signed by the President and attested by the secretary, be delivered to the auditor of state." Gibson, - - - Gillaspy, - Gower, - - - Gray, - - Hall, - - Harris, Hollingsworth, Johnston, Marvin, Palmer, - - Parvin, - - Patterson, - Peters, Price, Robinson, Scott, - Seely, Skiffs Solomon, Todhunter, Traer, Warren, Wilson, Winchester, Young, Copy of Debates for Editors. Mr. HALL offered the following resolution: "Resolved, That one copy of the journal of the debates of this convention be presented to each of the editors of newspapers and periodicals published in this state, and that the officer distributing said journals be required to deliver the same." Mr. WILSON. I hope thatresolutionwill not be adopted. It seems to me that we are distributing these pretty freely, and I fear there will be none left for our state library. I should prefer that the few there will be left should be left in the state library to be distributed by the legislature if thought best. Mr. HALL. I believe that editors are the very first who ought to receive these debates. I should be willing to give them the preference over members themselves. If the press of this state, the very organs through wh om our proceedings are to reach the mass of the people, are not entitled to some compliments at our hands, I know not who are. Mr. WILSON. I simply object to the mode of their receiving them. I expect to provide both the papers in my county with copies from the number which I shall receive in the distribution; and I think it would be better that each member should supply his own district, than to appropriate more. I have no doubt that the members generally will supply the newspapers throughout the state with copies. Mr. GILLASPY. I suppose the newspapers will be supplied by the members, and that they will publish an account of what we have done, not for our benefit, but for the benefit of their subscribers. When a question of this importance comes up iffthe state of Iowa, they will always putit in their papers. I employed Mr. Bates, our assistant secretary to make me a copy of the constitution for the sole purpose of taking home to give to the paper in my county. Anwe have this morning provided for the printin: of the entire constitution so that any member can take it home with him to-morrow morning. I see no necessity for this resolution, and I hope it will not pass. i Mr. HALL. I hope it will pass and I callE for the yeas and nays upon it. I want to know - whether the members of the convention are willing to pay this discourtesy to the press of the state. I want to see who they are who are unwilling to show the pres s of our state this poor compliment, Mr. TODHUNTER. I would inquire of the gentleman from Des Moines, [Mr. Hall,] howl many editors there are in the State? i The report concluded with the following resolution: "Resolved, That theper diem and mileage of members, as set forth in the annexed statement, be approved, and a certificate thereof, signed by t he President and at tested by the Secretary, be delivered to the Auditor of state." Upon the resolution Mr. CLARKE, of Johnson, called for the yeas and nays, which were ordered. The question being taken by yeas and nays, t he resolution was adopted-yeas 18, nays 16, a s follows: Yeas-The President, Messrs. Ayres, Clark of Alamakee, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Scott, Seely, and Warren. Nays —Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Skiff, Todhunter, Traer, Wilson, Winchester and Young. Mr. PARVIN, when his name was called, said: I consider the vote of yesterday as taking all the responsibility of this report and statement off of the committee and off of the convention; and with this understanding, I vote'aye.' Mr. JOHNSTON, from the committee on expenditures reported a statement that the amount of five hundred and eleven dollars and seventy-five cents was due to the proprietors of the several newspapers named, for subscriptions of members under the order of the convention. The daily papers are allowed one dollars and twentyfive cents, and the weeklies fifty cents, during the s ession of the c onven tion. In connection therewith, he reported the following resolution: 1026 [39th Day Miles. - - 680 - - 170 - - 32 66 400 - 260 2,n 0 260 I -ID 6 - 200 - 72 320 120 - 1000 400 - 720 - 860 - 180 600 - 320 - 100 640 - jio - 240 - 200 Mileage. 102 00 2i 50 4 80 9 90 60 00 39 00 80 00 39 00 20 40 30 00 10 so 48 00 108 00 150 00 60 00 108 00 54 00 27 00 90 00 48 00 15 00 96 00 16 50 96 00 30 00 Cost of Newspa.per8. COPY OF DEBATES FOR EDITORS. Thursday] llALITODHUNTER-PARVIN-GRAY-CLARKE, of J. &C [March 5th nays, the resolution'was rejected; yeas 15, nays 16, as follows: Yeas-The President, Messrs. Emerson, Gow er, Hall, Harris, Johnston, Marvin, Palmer, Pat terson, Peters, Price, Scott, Solomon, Traer and Warren. Nays —Messrs. Ayres, Bunker, Clark of Ala. makee, Clarke of ttenry, Clarke of Johnson, Edwards, Gibson, Gillaspy, Gray, Hollingsworth, Parvin, Seely, Skiff, Todhunter, Wilson and Young. As their names were called, several members explained the reasons for their votes, as follows: Mr. CLARKE, of Johnson. I have been an editor many years, and am always disposed to favor the editors; but I do not know how many copies of the debates have been ordered to be distributed under the resolution already passed; I do not know whether we shall have enough left for this; and I do not know how many editors there are in the State. I am compelled to vote against this resolution; but I certainly mean no disrespect to the editors of our State. Mr. CLARKE, of Henry. I intend to supply the editors in my district. Mr. CLARK, of Alamakee. I intend to supply; the editors in mine. Mr. GOWER. I presume it will do some good, and the press would better have them. M Mr. HIIARRIS. There is no press in my part of the country, and I am really at a loss how to vote. I will vote for the resolution. Mr. PALMER inquired whether the resolution would furnish one editor of each paper, or each of the editors of each paper with a copy, and being informed by Mr. Hall that it would furnish only one to each paper, voted-aye. Mr. PATTERSON. I intended to supply the editors in my part of the county, but considering this as a compliment to the editors of our State I will vote-aye. Mr. HALL. I do not know; the more the better. . Mr. TODHUNTER. I am inclined to think that we have already provided for distributing more copies than we should have done, and that this resolution would eat up all the rest, so that none will be left after the distribution. We have two presses in the district which I represent, and I have sent to them both copies of these slips, regularly. They have them as far as we have gone, and I intend to continue to send them that they may finally have the complete volume. I have also furnished a copy to each one of our four county judges, requesting them to keep them on file until this whole matter can be arranged, and the bound volumes distributed. I hope the resolution will not pass. My friend from Jefferson, [Mr. Wilson,] has stated that he intends to furnish the editors of his district with copies. That is my own intention, just as soon as we can get them, I intend to furnish each press in my district with a bound copy. I think this will be a better arrangement than to take away the entire number intended to be placed in the hands of the State. I think that would be wrong. I oppose this motion, not for the purpose of gagging the press, but because members can better furnish the press from their own twenty copies, than to have them taken from the sm all number we shall have left after the distribution already provided for. Mr. PARVIN. I agree pretty much with the gentleman who has just spoken, in my reasons for opposing this motion. There are two presses in the county I represent; and had I but three copies, I would give one copy to each press, and retain the other myself. This resolution, if adopted, will in my opinion, take every copy designed to be placed in the state library. They will all be swept away, and we shall not have a single copy there. After giving twenty copies to each member, I think it would be very bad poil cy to distribute all the rest so as not to leave a single copy in our state library. I am opposed to the resolution for that reason, and not because I think that the editors of the papers should not have copies furnished them, for I believe that they will all be supplied without this resolution. The vote was announced —yeas 15, nays 16 — and the resolution was declared to be rejected. Mr. CLARKE, of Henry. I should like to make some inquiry with regard to that. I should like to know how many copies would be left after we have furnished all those for whom we have already provided. This seems to be a matter, in the estimation of many of the members, of compliment to the press, and if we have a sufficient number of copies left, I am willing to change my vote. Mr. SKIFF. I have been to see the printers in relation to the printing of the constitution today, and they say that if they can get all of it into their hands at once, or very soon, they can have them ready for us to-morrow morning. I hope the convention will proceed with the third reading of the constitution before they do anything else, and after we get that into the printer's hands we can decide these other questions. Mr. GIBSON. One word in relation to the vote just taken. It was not from any hostility Mr. HALL. If the convention vote that the editors shall not have the debates, I will not give them any. The convention will do as they think best; but if they are not willing to pay th at compliment to the press, I want to know i t. I think that the press are entitled to this compliment at the hands of the convention; and if it is necessary the requisite number can be deducted from the copies furnished to members. Mr. GRAY. I have already furnished the two papers published in my county with these slips; and this resolution makes it imperative to furnish io the same persons additional copies. I think hat would be unnecessary; and I shall vote against the resolution. 1027 39th Day] - Thursday] HALL-TODHUNTER-PARVIN-GRAY-CLARKE, of J. &-c. [31&rch 5th The question bein, then taken, by yeas and SCHOOLS AND UNIVERSITY. Thlursday] CLARK-IIALL-CLARKE, of I-I.-HARRIS-PALMER-SKIFF-WILSON. [lMarch 5th to the printers that I voted against this resolution; and [ suppose that many who voted with me did so for reasons similar to my own. B ut learning that it will be a halrdship to several members to supply all the editors of their districts, I am willing to change my vote, and vote —.ye. Mr. CLARK, of Alamnakee. I would suggest that the resolution be modified, so as to request each member of the convention to furnish a copy of the debates to each editor in his district. Air. H-ALL. That would be a poor compli-' ment to the editors, or to ourselves, and would operate very unequally. I will donate all my copies rather than that the press should be gagged. Mr. CLARKE, of Henry. I will change my vote to-aye. Leave being granted, the changes were made and the resolution was agreed to; yeas 17, nays 14. Mir. CLARK, of Alamnakee. I would suggest srcigsuet ntesine n te Mir. IJA.LL. Thlat would be a poor meiin,lw,ad h cinesadars" ti Leave bLREin grntd tHeny chne wilcane mady rvn h salsheto rnhs Pr It strikes me twhat it is an absurdity to say that the State University shall consist of a single institution. I suppose L[e object was to prevent the es tablishment of brpane es in other parts of the State. But the meaning of the word, as defined by Webster, is t an assemblage of colleges estabolished in anv place, with professors for instructing students in the sciences and other branches of learning, and wnhere dere dges are conferred. A university is properly a unive rsal school, in which are taught a ll branches o f learning, or the four faculties of theolo,gymedicine, law, and the science s and arts." It is in fact a collection of colleges; anid it eems to me that we can reach the object b(etter by some o the r phrase olo gy than t o determine that it shal l be a single institu tion, when it must be in fact a col.ection of institutions a t one place. Mr. PALMER. I suppose the object was to prevent the establishment of braenches Perhaps it would be bettt.-r to insert after " insti tution," the words, " without any branch." Subsequently, after consultation, the section was amended so as to read; "Sec. 11. The State University shall be established at one place, without branches at any other place," &c. Mr. WILSON. I wish to call the attention of members to an incongruity between the languag, e in sections eight and fourteen, which I will read: " See. 8. The Board of Education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other institutions of learniiig, that are instituted, to receive aid from the school or university fund of this State,; I:rovided, that all acts, rules, and regulations of said Board may be altered, amended, or repealed by the General Assembly; and when so altered, amended, or repealed, they sh'llr not be reenacted by the Board of Education." Thanks to T. T. Saunders-Secretary. Mr. HARRIS. I wish to offer a resolution of compliment to one of the officers of this convention, which I think he specially deserves, and in doing this, I disclaim any intention by implication to censure the others " Resolved, That the special and particular thanks of this convention be tendered to T. J. Saunders for the very:~ble and faithful in-,nner in which he has discharged his duti: s as Secretary of this convention, and for the kind and gentlemanly manner in which he has demeaned himself towards the members of this convention." The resolution was unanimously agreed to. Mr. PALMER. I understood from the remarks of the gentleman from Jasper [Mr. Skiff], that the printing of the constitution could not be commenced until we had finished it. I would inquire whether the articles upon which we have already passed, could not be put at once into the hands of the printer? I suppose we shall not change them materially. MAr. SKIFF. That has been done; but they will require more copy to keep all the compositors employed to advantage. " Sec. 14. A majority of the Board shall constitute a quorum for the transaction of business; Provided, no rule, regulation, or law, for the regulation and government of the school or educational system shall pass without the concurrence of a majority of all the members of the Board," &c. I would move to make the latter conform to the previous section, so as to read, " government of common schools or other institutions of learning," &c. M r. HALL. I would suggest that the phrase "educational institutions," would be better in both places. Mr. GRAY. That will read, "educational institutions that are instituted." Cannot we do without that word? Mr. thALL. It will not do. There will be a great many private institutions over wh:ch the Board will have no control whatever. I do not like the repetition, and tried to find another word, but did not succeed. It means those in MIr. CLARKE, of Henry, from committee on revision, reported back to the convention the article upon education and schools, which was read the third time. Several verbal amendments were made without debate. Mr. CLARKE, of Henry. Section eleven reads as follows: " The State University shall consist of a single institution, and the university fund shall be applied to that institution, and no other." [,'39th Day. 1028 Education and Schools. I SCHOOLS AND UNIVERSITY. Thursday] WILSON-SKIFF. iiiareh 5th stitutions which are instituted to receive this fund. Those that do not receive it, do not come under the control of the Board at all. Mr. WILSON accepted Mr. Hall's suggestion, nary occasions, when, upon the recommendation of two thirds of the Board, the Governor may order a special session. Sec. 6. The Board of Education shall appoint a Secretary, who shall be the executive officer of the Board, and perform such duties as may be imposed upon him by the Board, and the laws of the State. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the General Assembly. Sec. 7. All rules and regulations made by the Board shall b3 published and distributed to the several counties, townships, and school districts, as may be provided for by the Board, and when so passed, published, and distributed, they shall have the force and effect of law. The amendment, as modified, was agreed to. Mlr. WILSON. I wish to suggest that all the abreviations and figures used in the constitution should be written out in full. We have passed by several without making the amendment. I hope we shall agree to dispense with all the abreviations in the whole instrument. The PRESIDENT. That will be done; and the Chair will call the attention of the committee on printing to this matter. Mir. SKIFF. I will say that this cannot very well be done in the copy to be furnished us in the morning. The offices will hfive to combine, and the type does not correspond, so that it will have to be re-set hereafter. It will be necessary t(, abbreviate as much as possible, to have the constitution completed in so short a space of time. The PRESIDENT. The suggestion will be attended to by the enrolling clerk, and in the official publication of the constitution. The question was then stated to be upon the tassage of the article, which, as amended upon the second and third reading, is as follows: Sec. 8. The Board of Education shall have full power and authority to legislate and make all ne edful rules and regulations in relation to Common Schools, and other educational institu tions, that are instituted to receive aid from the Sch o ol or University fund of this State; but all acts, rules, and regulations of said Board may be altered, amended, or repealed by the General Assembly; and when so altered, amended, or repealed, they shall not be re-enacte d by th e Board of Educatian. Sec. 9. The Governor of the St ate shall be, ex ovcato, a member of said Board. Sec. 10. The Board shall have no power to levy taxes, or make appropriations of money. The c ontingent expenses shal l be provided for by th e G ene ral A ssembly. Sec. 11. Th Sae State University shall be es tablishe d at one place, without branches ai t any other plae, and th e Uni ve r sity fund shall be ap plied to that instituti on, a nd no other. Sec. 12. The members of the Board of Edu cation shall provide for the education of all the youths of the State, through A system of coh mdn s chools. And such school shall be orga n ized and kept in each school district at least three months in each year. Any district failing, for two conse cuti ve years, to organize and keep up a school, may be deprived of their por tion o f the school fund. Sec. 13. The members of the Board of Edu cation shall each receive the same per diem dur ing the time of their session, and mileage going t o a nd r eturning there from, as members of the General Assembly. Sec. 14. A majorit y of the Bo ar d s hall con stitute a quorum for the transaction of business; but no rule, regulation, or law, f or the regula tion and government of common schools, or other educational institutions, shall pass with out the concurrence of a,majority of al l the member s of the Board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the Board shall be, " Be it enacted by the Board of Education of the State of Iowa." Sec. 15. At any time after the year 1863, the . General Assembly shall have power to abolish or Section 1. The educational interest of the State, to include Common Schools, and other educational institutions, shall be under the man agement of a Board of Education, which shall consist ot the Lieutenant Governor, who shall be the presiding officer of the Board, and have the casting vote in case of a tie, and one member to be elected from eac h judicial distric t in the State. Sec. 2. No person shall be eligibleas a m ember of said Board who shall not have attained the age of twenty-five years, and been one year a citizen of the State. Sec. 3. One member of said Board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this Constitution, the Board shall be divided, as nea-ly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the Board shall be chosen every two years thereafter. Sec. 4. The first session of the Bpard of Education shall be held at the Seat of Government, on the first Monday of December, after their election; after which the General Assembly may fix the time and place of meeting. Sec. 5. The session of the Board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordi 130 I I 1029 39th Day.] Thursday] WILSON-SKIFF. (March 5t),t and Articl,- 9.-L,ducation aiid Schools. SCHOOl, FUNDS AND SCHOOL LAN/S, &C. Thursday] be, to provide effectual means for the improvement and permanent security of the funds of said University. Sec. 6. The financial agents of school funds shall be the same, that by law, receive and control the State and county revenue, for other civil purposes, nnder such regulations as may be provided by law. Sec. 7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the age of five and twenty-one years, in such manner as may be provided by the General Assembly. The question being taken, by yeas and nays, the article was passed; yeas 23, nays 8, as follo ~vs: Yeas-The President, Messrs. Ayres, Edwards, Ells, Emerson, Gibson, Gillaspy, Gower, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Seely, Skiff, Solomon, Todhunter and Warren. Nays -Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Gray, Traer, Wilson, Winchester and Young. Section 1. The educational and school funds and lands shall be under the control and management of the General Assembly of this State. Sec. 2. The University lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the State University. The interest arising from the same shall be annually appropriated for the support and benefit of said University. Sec. 3. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, for the support of schools, which shall hereafter be sold, or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress, distributing the proceeds of the public lands among the several States of the Union, approved in the year of our Lord one thousand eight hundred aud forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may have been granted by Congress, on the sale ok lands in this State, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State. Sec. 4. The money which may have been or shall be paid by persons as an equivalent for cexemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exercusively applied, in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the Board of Education shall, fronm time to time, provide. t Sec. 5. The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be, reserved or granted by the United States, or any person or persons, to this State, for the use of a University, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the suppo rt of the University, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may Section 1. Any amendment or amendments to this c onstitution may be proposed in eithe r House of the General Assembly; -nd if the same shall be agreed to by a majority of the members elected to each of the tw o Houses, such proposed ameGendment shall be ent e red on the ir journals, with t h e yeas and nays taken thereon, and referred to the legislasur e to be chosen at the next general election, and shall be p ublished, as provided by law, for three months previous to the time of making ssch choice, and if, in the General A s se mbly so ne xt chosen a s a foresaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each House, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the people in such manner, and at such time as the General Assembly shall provide; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote tor members of the General Assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this State. Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for and against each of such amendments separately. [39th Day 1030 [March 5th Amendments to the (,on,3titutio7i. IL Alr. CLARKE, of Henry, from the committee on revision, reported back to the convention, the article on amendments to the constitution, which was read the third time as follows: Article IO.-Amendrnent3 to the Co?zstitutio7z. AMEN DMENTS TO THE CONSTITUTION. Thursday] WILSON-IIARIRIS-MIARVIN-CLARKE, of II.-HALL-SOLOMON, [Ilarch 5th Sec. 3. At the general election to be heldin the posed to this change then, and I certainly cannot year one thousand eight hundred and seventy, consent to it now. and in each tenth year thereafter, and also at Mr. MARVIN. I can hardly imagine how such time as the General Assembly may, by law we can judge of the majority, unless we take provide, the question, "Shall there be a conven- the majority of the votes given for and against tion to revise the constitution, and amend the theproposition to call a convention. same?" shall be decided by the electors qualified Mr. WILSON. There may be state officers to to vote for members of the General Assembly; and in case a majority of the electors so qualified, be elected, and it will be construed that a mavoting at sutch election, shall decide in favor of jorityof the votes forthe highestcandidates shall aonvt for such eet purpose,cde i neo o r he the number to decide the vote on the prop a convention for such purpose,teGeneralA,,-osition to call a convention. Suppose for insembly, at its next session, shall provide by law stance, that at the same elction, there are two for the election of delegates to such convention. candidates for the offie of governor, th e wg candidates for the office of governor, the ag Mr. WILSON. I desire to make one sugges- gregate number of votes for governor will detion in regard to this article. It may be an im- cide the question of a convention, provided the possibility to get a convention under that third votes for governor exceed those cast for or section, as it now stands. It provides that when against the call of a convention. If the aggrethe question of holding a constitutional conven- gate number of votes for and against the contion is submitted to them-" in case a majority vention should be greater than the aggregate of the electors so qualified, voting at such elec- number of votes for governor, then that would tion, shall decide in favor of a convention for control the question of a convention. It was to such purpose, &c." If there had been a provi- get rid of the difficulty that might arise in such sion like that in the present constitution, this cases, that I suggested the propriety of this convention would never have met. It was not amendment. a majority of the voters of the State that voted Mr. CLARKE, of Henry I hope the gentlein favor of calling this convention, but a majori- man from Appanoose [Mr Harris] will withty of those who voted for or against the conven- draw his objection to this amendment it is tion. I suggest, therefore, that this third sec- clearly rihtand just tion be amended by inserting after the words Mr. HARRIS. I t hink not, or I should not "voting at such election," the words "for and Mr. HARRIS I think not, or I should not against such poposition;"so that portion of the make the objection. It is admitted here that a,isec h p no ttption will read this convention was called by a minority of ithe *ectio wll readvoters of this state, and another convention "And in case a majority of the electors so might be called in the same way. The gentlequalified, voting at such election for and against man from Jefferson [Mr. Wilson] says that the such proposition, shall decide in favor of a con- voters were careless and did not vote upon the vention for such purpose, the General Assembly, proposition for the call of a convention. If that at its next session, shall provide by law for the was so, then it shows that they were indifferent, election of delegates to such convention." and that there was no great public demand for MIr. HARRIS. I must object to that amend- a convention. ment. I think there is more danger in having There is no difficulty in finding out the whole conventions, than in not having them. number of votes cast at any election, because the ballot box of every election precint shows Mr. WILSON. I will simply say this; there the number of votes cast. I want to have a can be no doubt in the world that the people of majority of all the voters in the state vote in this state desired this convention: that such favor of a convention before another shall be w,as the desire oe a large majority of the elec- called. tors of this state. But they were careless, and Mr. WILSON. A greatmany persons might many of them did not vote at all upon the prop- go to the polls on that day, who actually would osition to call this convention, and had there notknow that they were called upon to vote for been a provision in the old constitution similar or against a convention to revise the constito this one, by being thus careless and neglect- tution. Many persons in the state did not know ing to vote, they would have prevented the ma- that at the last election. It seems to nie that it jority of the people from having this convention, would be but just to the people of the state that which there is no question they desired. this alteration should be made. IMr. HARRIS. If they lose their convention Mir. HALL. I am opposed to having the once on account of this carelessness, they will change made in this section that has been sugbe likely to be more careful the next time. gested. I think it is better as it is. The asser Mr. WILSON. If there is objection to the tion has been repeatedly made upon this floor amendment, it cainot he maade, and I do not that a majority of the people of this state were feel like asking a recommitment of this article in favor of calling this convention. I doubt to the standing committee, in order to have this that very much. amendment made, though I think it should be Mr. SOLOMON. So do. so modified. Mr. HALL. That a majority of the people of Mr. HARRIS. We have had this question up this state were in favor of having some'mendbefore in relation to another matter. I was op- ments made to their constitution, I do not do ubt. i 39th Day.] # 1031 AMENDMENTS TO THE CONSTITUTION. Thursday] HARRIS-CLARKE, of II.-WILSON-HALL-WARREN-GIBSON. [March 5th 4 But that they were in favor of having a conven- already in the article on corporations, in regard tion called, at the time it was called, I do not to the submission of banking laws to the people, believe. I think that many who are in favor of that they shall be decided by a majority of the some amendments being made, voted against votes cast for and against them, not by a ma having a convention, because they did not want jority of all the votes cast at the election at it at that time. I believe that when there is a which they may be submitted to the people. necessity sufficient to justify the calling of a The question was upon the motion to re-com convention to revise this constitution, we ought mit, with instructions. not to be afraid to ask a majority of the voters of this state to say so. We ought not to pro- Upon this moton vide for the calling of a convention by a minor- Mr. HALL called for the yeas and nays, and M.HLcaldfrthey were accodinglys orderd ity of the voters of the state. Such a course is they were accordingly ordered. not exactly in accordance with my ideas of de- The question being then taken, by yeas and mocracy. I am opposed to this change. I can- nays, the motion was agreed to; yeas 18, nays not consider as a good reason for it, that the 15, as follows: minority otherwise may not have an opportunity Yeas-The President, Messrs. Bunker, Clark to call a convention. of Alamakee, Clarke of Henry, Clarke of John MIr. HARRIS. While I myself voted for the son, Ells, Gower, Gray, Hollingsworth, Marvin, calling of this convention, I represent a constit- Scott, Skiff, Todhunter, Traer, Warren, Wilson, uency that voted very largely against it. They Winchester and Young. were opposed to a convention being called in Nays-Messrs. Ayres, Edwards, Emerson, Gibthis way. T' ey insisted that a majority of all son, Gillaspy, Hall, Harris, Johnsten, Palmer, the voters of the state should be required to call Parvin, Patterson, Peters, Price, Seely and Sola convention, and they were not satisfied when omon. they found that it had been called by a minor- The article on amendments to the constitution ity. And they would not be satisfied with the was accordingly re-coimmitted to the standing change proposed here. committee upon that subject, with instructions Mr. CLARKE, of Henry. I hope a motion to to so amend section three as to require that the recommit this article will be made and carried. question of calling a convention to revise the The principle is most obviously a just one constitution, shall be decided by a majority of that every candidate before the people should the votes cast for and against such proposition stand upon his own merits, and be elected or de- Immediately thereafterfeated by the majority of the votes cast for or Mr. WARREN, from the committee on amendagainst him alone, and that is the principle that ments to the constitution, to which had been reI think we should establish in this case. It committed the article upon that subject, with would be thought ridiculous to propose and instructions, reported the same back to the conplace a provision in the constitution, that when vention, and recommended the adoption of the a man was up for any office, if he received a vote following amendment: equal to a majority of all the votes cast for and To insert in section three, after the words To insert in section three, after the words against some other man who was running for "voting at such election" the words "for and some other office at the same election, he should soe oterlffced,Tht th d e am eleo, bue shoul against such proposition;" so that the section be elected. That would be a departure from would readall the principles of a constitution. a ll e pripes tof sttisatutie " At the general election to be held in the Mr. WILSON. In order to test this matter, I year one thousand eight hundred and seventy, move that the article on amendments to the con- and in each tenths-ear thereafter, and also at stitution be recommitted to the standing com- such time as the General Assembly may, by mittee on that subject, with instructions to in- law provide, the question, "Shall there be a .,. X.. ~~~law, provide, the question,' Shall there be al sert in the third section of said article, after the Convention to revise the Constitution, and words "voting at such election," the words "for amend the same?" shall be decided by the elecand against such proposition," and to report the tors qualified to vote for members of the General same immediately to the convention. Assembly; and in case a majority of the electors Mr. HALL. I hope this motion will not pre- so qualified, voting at such election for and vail. This section was fully discussed when against such proposition, shall decide in favor of this article was upon its second reading, and it a Convention tor such purpose, the General passed in its present shape. I am opposed to Assembly, at its next session, shall provide by thus giving the minority the right to govern the law for the election of delegates to such Conmajority. As to the difficulty suggested here, vention." the legislature can always obviate that by call- Mr. GIBSON. Being a member of the com.,,,, v ~~~Mr. GIBSON. Being a member of the coming a special election to decide the question of mittee on amendments to the constitution, I Ireittee on amendments to the constitution, I having a convention. having WILSON- c Tion difficulty cannot be deem it due to myself to state that I do not con ]r. W,LSON. The difficulty cannot be ob- cur in the report just made by the majority of viated in that way, for we have provided here that committee that this question shall be submitted at a general election, and that being a constitutional re- The question was upon agreeing to the amendquirement, the legislature have no power to sub-'ment reported by the committee. mit it at a special election. We have provided- Upon this question 1032 [39th Day. i 3-t Day MJJL~EU.~ HARRIS-CLARKE, of H.-WILSON-PARVIN-CLARKE, of J. tained by the last State and county tax lists, previous to the incurring of such indebtedness. Sec. 4. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly. Sec. 5. Every person elected or appointed to any office, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United State s, antl of this State, and also an oath of office. Sec. 6. In all cases of elections to fill vacan cies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all per sons appointed to fill vacancies in office, shall hold until the next general election, and until their successors are elccted and qualified. Sec. 7. The General Assembly shall not lo cate any of the public lands, which have been, or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The ex tent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. Mr. WILSON. I would suggest that the word 'amount," in the sentence I' nor shall the terri tory of any organized county be reduced below that amount," should be changed to the word "area." Mr. PARVIN. I think I shall object to the word " area." I prefer the word " amount " to " area." If there is a change, let it be to sub stitute the word " number,' for " amount." The PRESIDENT. The language of the old constitution, where the word " contents" is used, has been criticized very much. The opin ion was that the word "area" should be used. Mr. PARVIN. This word "amount" refers to the number of square miles in any county four hundred and thirty-two. Mr. WILSON. I think the number of square miles is given simply to determine the area of the county. Mr. PARVIN. I will withdraw my objec tion. The amendment was accordingly made. Mr. WILSON. I would also suggest that the words, "Provided, however, that," be stricken out, and the word "except" be inserted in their stead; and also that the word m which" be insert ed be fore the words "may be or ganized," so) that that portion of the section would read, " except the county of W orth, an d the countie s west of it, on the Minnesota line, which may be organized without additional territory." Mr. CLARKE, of Johnson. I think that, as a general thing, where an exception is introduced, it is better to introduce it with a proviso. Mr. WIL:SON. I think the gentleman from Johnson [Mr. Clarke], will find that in very few constitutions is the word "provided" used to Mr. HARRIS called for the yeas and nays, and they were ordered accordingly. The question being then taken, by yeas and nays, the amendment was adopted; yeas 18, nays 14, as follows: Yeas-The President, ~[essrs. Bunker,Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Ells, Gower, Gray, Hollingsworth, Marvin, Scott, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays —Messrs. Ayres, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Parvin, Patterson, Peters, Price, See]y and Solomon. No other amendment being ofiered The question was-shall this article pass? Upon this question The yeas and nays were called, and ordered. The question being then taken, by yeas and nays, upon the passage of the article on amendments to the constitution, it was agreed to; yeas 21, nays 12, as follows: Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Solomon, Todhunter, Traer, Warren, Wilson and Young. Nays-Messrs. Ayres, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price and Winchester. Mr. CLARKE, of Henry, from the committee of revision, reported back to the convention the article on miscellaneous subjects, which was read the third time, as fellows: Section. 1. The jurisdiction of Justices of the Peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars. Sec. 2. No new county shall be hereafter created containing less than four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that amount; Provided, however, that the county of Worth, and the counties west of it, on the M innesota line, may be organized without additional territory. Sec. 3. No county, or -other political or municipal corporation, shall be allowed to become indebted in any manner, or for any purpose, to an amount in the aggregate exceeding five per centam on the value of the taxable property within such county or corporation-to be ascer 39th Day] MISCELLANEOUS. 1033 Tliursday] [March 5th -Ifi.3cellaneous. Article ll.-illiscellaneoui. e SCHEDULE, &C. Thursday] CLARKE, of J.-CLARKE, of H.-CLARK-WILSON-GILLASPY-IIALL, &c. [March 5th the extent that we have used it here. I do not think it is a good phrase for a constitution. The word " except" covers the wLole ground, and leaves the provision in better shape. The Secretary stated that the word "'but" was substituted for the words "provided, however, that," in the copy of the article which he read. Ir. CLARKE, on Johnson. I prefer the word "except" to the word "but," and the word " provided " to either. If I cannot get that word inserted here, I will agree to the amendment suggested by the gentleman from Jefferson [Mr. Wilson.] The amendment was accordingly made. The PRESIDENT. The Chair would call the attention of the convention to the fourth seetion, which reads: " The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly," and inquire if the word "Congress' there necessarily implies the government of the United States? nays, upon the passage of the article, it was agreed to; yeas 26, nays 4, as follows: Yeas-The President, Messrs. Ayres, Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Palmer, Parvin Patterson, Price, Scott, Seely, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays —Messrs. Emerson, Gibson, Gillaspy and Harris. Mr. CLARKE, of Johnson, offered the f ollowing resolution: "Resolved, That the thanks of this convention be tendered to W. Blair Lord, and Charles B. Collar and Henry M. Parkhurst, his associates, for the accurate and impartial manner in which they have reported the debates and proceedings of this convention." The resolution was adopted by acclamation. Mr. CLARKE, of Ilenry. I would suggest to insert after the word " Congress," the words, "'of the United States." Mir. CLARK, of Alamakee. I think it would be fetching an argument a great ways for a court to undertake to apply the language used here to anything but the Congress of the United States. Mr. WILSON. That is the language used in the constitution of the United States in connection with the subject of changing the boundaries of old States, or creating new States within the territory of others. The section in the constitution of the United States upon that subject reads as follows: "New States may be admitted by the Congress into this Union; but no new State shall be formed or created within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of' States, without the consent of the legislatures of the States concerned, as well as of the Congress." The PRESIDENT. The language here used, then, is sufficiently guarded. Mr. CLARKE, of Johnson. Would it not be well to' attach the article locating the seat of government and State University to this as an additional section, instead of having it a separate article? Mr. GILLASPY. I think as it has already been passed as a separate article, it would be better to let it remain as it is. No other amendments being offered The question was upon the passage of the article. Upon this question Mr. HALL offered th e fo llowing resolution: "Resolved, That the thanks of this convention are hereby tendered to the different officers of this convention, for the faithful, impartial and courteous manner in which they have discharged the duties pertaining to their respective offices." The resolution was adopted. Mr. WINCHESTER. I would ask leave of absence of this convention, for the remainder of the session. My reason for making this request is, that if I do not start to-day at noon, I cannot start for home this week by any public conveyance. No objection was made, and leave was accordingly granted. Mr. CLARKE, of Iuenry, from the committee on revision, reported back to the convention the article on the Schedule, which was read the third time as follows: Section 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect. Sec. 2. All laws now in force and not inconsistent with this constitution, shall remain in force until they shall expire or be repealed. Sec. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and allappeals, r39th Day. L I 0 , 4 Tlia7iks to the Reporters of the Conventiogi. Tltank,3 to the Officers. ' Schedule. Article 12.-Scliedule. The yeas and nays were called and ordered. The question being then taken, by yeas and I 39th Day] SCIHEDULE. [liarch 5th writs of error, certiorari, and injunctions shall be carried on in the several courts, in the same manner as now provided by law, and all offenses, misdemeanors and crimes that may have been committed before the taking effect of this con stitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been had not this constitution been made. Sec. 4. All fines, penalties or forfeitures due, or to become due, or accruing to the State, or to any county therein, or to the school fund, shall inure to the State, county, or school fund, in the manner prescribed by law. Sec. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned. Sec. 6. The first election under this consti tution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the State shall elect the Governor and Lieuten ant Governor. There shall also be elected at such election, the successors of such State Sena tors as were elected at the August el ction, in the year one thousand eight hundred and fifty four, and members of the Hlouse of Representa tives, who shall be elected in accordance with the act of apportionment, enacted by the session of the General Assembly, which commenced on the first Monday of December, one thousand eight hundred and fifty-six. Sec. 7. The first election for Secretary, Au ditor, and Treasurer of State, Attorney General, District Judges, members of the Board of Edaca tion, District Attorneys, members of Congress, and such State officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven, (except the Superin tendent of Public Instruction,) and such county officers as were elected at the August election, in the year one thousand eight hundred and fifty six, except Prosecuting Attorneys, shall be held on the second Tuesday of October, one thousand eighthundred and fifty-eight; Provided, thatthe time for which any District Judge or any other State or county officer, elected at the April elec tio n in one th ousand eight hundred and fifty eight, shall not extend beyond the time fixed for filling like offices at the October election. Sec. 8. The first election for Judges of the Supreme Court, and such county officers as shall be elected in the year one thousand eight hun dred and fifty-seven, shall be held on the second 'uesday of Oct ber, in the year one thousand ,.,ht hundred and fifty-nine. Sec. 9. The first regular session of the Gen eral Assembly shall be held in the year one thou sand eight hundred and fifty-eight, commencing on the second Monday of January of said year. their successors shall be elected as may be pre scribed by law. Sec. 11. Every person elect ed bv popular vot e, by a vote of the General Ass embly, or who may hold office by Executive appointment, which office is continued by this constitution, and wevery person who shall be so elected or appoint ed, to any such office, before the taking effect of this constitution, (except as in this constitution otherwise provided,) shall continue in offics un til the term for which s uc h pe rson has been o r may be elected or appo inted shall expire; but o such person shall continue in office after the taking effe ct of t hi s con stitution, for a londer perio d t ha n the term o f such office, in this cob stitution prescribed. Sec. 12. The General Assembly, at the first session under this constitution, shall district th e State int o ele ven Judicial Districts, for District Cour t purp oses; and shall als o provide for the apport ionment of the members o f the General Assembly, in accordance with the p rovisions of th is co n s t itution. Sec. 13. The foregoing c onstitutiontito shall be submitted to the electors of the State at the August election, in the year one thousand eight hundred and fifty-s even, in the seve r al e lection districts in this State. The ballots at s uch elec - tion shall be w r it ten or printed as fo llows: Those in favor of the constitution, "New Con stitution-Yes." Those against the constitution, "'New Constitutioln-No." The election shall be conducted in the same manner as the general elections of the State, and the poll-books shall be returned and canvassed as provided iii the twenty-fifth chapter of the Code, and abstracts shall be forwarded to the Secretary of State, which abstracts shall be canvassed in the manner prox ided for the canvass of State officers. And if it shall appear that a majority of all the votes cast at such election for and against this consti tution are in favor of the same, the Governor shall immediately issue his proclamation stating that fact, and such constitution shall be the constitution of the State of Iowa, and shall take effect from and after the publication of said proc lamation. o Sec. 14. At the same election that this con stitution is submitted to the people for its adop tion or rejection, a proposition to amend the same by striking out the word "white," from the article on the " Right of Suffrage," shall be separately submitted to the electors of this State for adoption or rejection, in the manner following, viz: A separate ballot may be given by every person having a right to vote at such election, to be deposited in a separate box; and those given for the adoption of such proposition shall have the words " Shall the word' white' be stricken out of the article on the'Right of Suffrage?' Yes." And those given against the proposition shall have the words, " Shall the word' whites be stricken out of the article on the' Right of Suffrage?' No." And if at said election the num~be of ballots cast in favor of saidl proposition 1035 Thursday] SCHELULE. Thursday] EDWARDS-WILSON-TODHUNTER-.JOIIN STON-G1LLASPY. though, as I stated yesterday, I was myself opposed to the division of the county. I desire members to look at this question for themselves. They are interested in the effect a provision of this kind would have upon the constitution, as well as myself. I hope the convention will act their own pleasure in regard to this subject. I intend to support this proposition, and to vote for it. Mr. EDWARDS. On yesterday, when this question was presented to us, I felt disposed to laccommodate the delegates from Lee county, and voted for it. But after more mature delibera tion, I have become satisfied that it would be impolitic and unwise for us to include in this constitution a question of a purely local char acter. I therefore move to recommit this arti clo to the standing committee on the schedule, with instructions to report the same back im mediately to the convention, with an amend ment to strike out this section. The question being taken, the motion to re commit was agreed to. Immediately thereaftert Mr. TODHUNTER, from the committee on schedule, reported beck to the convention the article which had just been recommitted to them, with a recommendation that the section in relation to the division of Lee county be stricken from said article. shall be equal to a m ajority o f those cast for an d against this constitution, then said word "white" shall be stricken from s aid article and be no part of this constitution. Sec. 15. Whenever a portion of the citizens of Lee county deem it expedient to procure a division of said county, it shall be the duty of the General Assembly to make a law, by which the proposal to divide said county, (the metes and bounds of the proposed new county being set forth in said law,) shall be submitted to the voters of the county of Lee, at a general or special election; and the General Assembly shall prescribe in said law the mode for the proper organization of said new county, and they shall be organized under said law, provided the majoritv of the votes given on the question of division at said election shall be in favor of such proposed division. Sec. 16. Until otherwise directed by law, the county of Mills shall be in and a part of the sixth judicial district of this State. MIr. EDWARDS. I would suggest an amendment of the phraseology of the fourteenth section; to strike out the words, " of this constitution," at the close of the section, and insert the word "' thereof," so that it Would read: " And it at said election the number of ballots in favor of said proposition, shall be equal to a majority of those cast for and against this constitution, then said word " white" shall be stricken from said article and be no part thereof." The question being then taken, the recommendation of the committee was concurred in, and the section referred to accordingly stricken out. No further amendments were offered. The question was upon the passage of the article. Upon this question Mr. GILLASPY called for the yeas and nays, and they were accordingly ordered. The Secretary then proceeded to call the roll of m embers, upon the passage of th e a rticle on the schedule, and when he had reached the name of — MIr. GILLASP]-that gentleman rose and said: Mr. WILSON. I think the amendment suggested by the gentleman from Lucas, [Mr. Edwards] should be adopted, so as to refer simply to the article on the right of suffrage. As the phraseology of the section now is, it would include the word " white" wherever it oocurs in this constitution. The amendment was agreed to. Mr. TODHUNTER. I would like to have the gentleman from Lee [Mr. Johnston] consent to have the section in relation to Lee county stricken out of this article. Mr. JOHNSTON. I must object to this being done. I will take this occasion to say a few words in relation to this matter. A number of gentlemen of this convention came to me this morning and told me that they voted for this section chiefly out of courtesy to the delegate from Lee county, but that they were fearful that this outside question might have a tendency to defeat this constitution; and they asked me to state to them what I thought about the matter. I said to them, as I now say to this convention, that I think it is possible that this provision would influence some votes against this constitution; to what extent, I do not know. I said to them further, that in view of what had taken place during the last canvass in the upper part of Lee county, and in view of the letters I had received since I have been here in this convention, I felt it to be my duty to present this matter to the convention, and vote for it here, al As a member of the committee on the schedule, I rise for the purpose of asking the consent af the convention to enter a protest in writing against this article. I do this in behalf of my,self and my friends upon this floor who agree with me in this matter. I will have the protest ready to be submitted to this conventio n by seven o'clock this evening. Mr. WILSON. I must object to any such course of proceeding as this, and I will state my reasons: The majority of the committee on the schedule proposed a report-the same presented to the convention-and submitted that report to the gentleman from Wapello, [Mr. Gillaspy], and the gentleman from Delaware, [MSr. Peters.] They had time to examine it, and did examine it. And although they stated that they 1036 [39 th Day. [March 5th i I Thursday] GILLASPY-EDWARDS-IIALL -WILSON-PALIER-JOHNSTON, &C. [iiarch 5th were not satisfied with it, they took no steps the record will testify-that this article had to whatever toward preparing and bringing in a be passed anyhow, as it was. But I expected, minority report. They have taken no steps up at the proper time, that this convention would to this time to do so. When this article was allow me to have my written protest placed first examined and considered by the conven- upon the record. tion, there were no steps taken to bring in a Mr. LL. I drew up the paper, which the minority report. And for that reason I shall object to this protest being brought in here at gentleman from Wapello ['tr. Gillaspy,] has this late day. The genlemen might have taken,read as a protest, with the intention of present this late day. shle gentlemen mighnt have taken.. ig it, when my name was called, as my reasons the necessary steps in regard to this matter at I the e I ale a m re. the proper time. They might have presented a for the vote I shall give upon this article. minority report here, and in that minority re- Mr. WILSON. I wish to understand this mat port they could have introduced all their objet- ter. I presume this paper, or protest, or what tions to this majority report. But they have ever it is to be called. will go into our debates, deemed best to hold back until the close of the the same as other remarks of members, given in session of the convention, and I therefore ob- explanation of their votes, but not upon our ject to their protest going upon the record. journal. As I understand it, no speech or ex Mr. GILLASPY. I will offer the following as planation goes upon our journal, though they a protest against this majority report of the!are all included in the report of our debates. I committee on the schedule: have no objection to this appearing in our de bates as a part of a speech. "The undersigned protests against this re- Mr. PALMER. I understand that any mee port, for the following reasons: Mr. PALMER. I understand that any mem porcust, fored the floigreat ihsons:c ber has al right to have his protest entered upon "Because it suspends the great rights which the journal. this constitution is made to protect, while it re- Mr. JOHNSTON. I desire to say that I have ,...'.. 3H~~r. JOHNSTON. I desire to say that I have peals those which the present constitution not been consulted in regard to this protest, and grants. i did not know the contents of the paper until I "Because it refuses to trust the principles heard it read. I do not commit myself to any which it proclaims, and for more than two years course of policy that will force me to vote practices a mere party peculation upon the against this constitution, for I want to see the rights of the majority of the people of this instrument we may prepare here, adopted by the State. people. I am opposed to some features con "Because it most flagrantly violates the prin- tained in this schedule, and shall, therefore, for ciples of our government, by endeavoring to the present, content myself with voting against throw the power of the government into the it. hands of the minority. Mr. TODHUNTER. I wish to say a few words, "Because, while the constitution admits the in connection with this affair, and the manner right of the people to have certain powers, it in which it has come up. As I understand, the refuses for years the rights which it asserts." only objection to this schedule is in relation to Mr. EDWARDS I rise to a point of order, the manner in which this constitution takes Mr. DWARS. ris toa pont f orer,effect, so far as our present State officers are and that is, that the gentleman has no right to eect, o far as our present State officers are concerned. I doubt the propriety, or policy bring a protest in here, while the call of the roll is being proceeded with. even, in making a constitution of a State, of turning out a single officer. For that reason I The PRESIDENT. This will be received as a took the view I did in regard to the lower house part of.the explanation of the gentleman from of the General Assembly, and the Senate. The Wapello, [Mr. Gillaspy], when called upon to members of'he lower branch 6f the legislature vote. have already filled the terms of office for which Mr. GILLASPY. I offer this protest upon they were elected, or that it was intended or exthe part of the gentleman from Des Moines, pected they would fill when they were elected. [Mir. Hall] as well as myself. I desire to say, We say by this schedule, therefore, that they as a member of the committee on the schedule, shall stand aside, and there shall be a new electhat I shall be in favor of the adoption of the tion for others in their places. As to the Senconstitution we may make here, if it meets ators, we say in this schedule, that those who -f,y views. I desire to see the constitution have served for two sessions of the General Asdopted, if it is fair and just in all its features sembly shall stand aside, and others shall be nd provisions. But I do protest against this elected in their stead. '-title upon the schedule. I say it is the most On the other hand, however, we say that the -nfair article that has been presented to this Governor and Lieutenant Governor shall be onvention. If adopted, it will thwart the e~x- elected next fall, which curtails the present term -ectation of a large portion of my constituents, of the Governor about one year, or perhaps a _d of the people of this State, in my humble little more. We say that the district judges udgment. shall continue in office a year from next Octo The reason why I did not prepare and sub- ber, and in that way we give the democratic it a minority report upon this article, was that party the same show in this matter that the was satisfied-as this vote when placed upon other party has. We say that the present su 131 39 th Day] SCHEL)ULE. 1037 SCHEDULE. preme judges shall hold their offices until the on the issues presented by this constitution. The year 1859. Those officers were all elected for a senators who were elected last August are recertain period. I doubt the propriety of tulrn- tained, because they were elected at an election ing out a single officer, until the term for which when the same issues were presented which led he was elected shall have transpired. Although to the calling of this convention. we are making a new constitution, it should not There is another reason for this, and that is take effect, so far as their terms of office are that tue members of the house ofrelresentatives concerned, until they shall have expired. For of the last general assembly have already held these reasons I shall vote for this schedule as it the only session that it was contemplated by now stands. the people that they would hold when they were The Secretary then resumed the call of the elected. The senators who were elected in roll, and proceeded until he had reached the August, 1854, have already held all the sessions name of — it was contemplated they should hold when they Mr. WILSON-when that gentleman rose and were elected. Whereas, the senators who were said: I wish to submit an explanation here, in- elected last August, have held but one session; asmuch as this article has been called in qtles- and they are besides fresh from the people, and tion in a very grave manner, and very erious were elected to hold their offices for two years. tion in a right and proper, we thought, charges have been made, not only against a ma- that twas but right and proper, we thought, jority of the committee on the schedule, but that they should come back and hold another seson next winter. And another reason against a majority of the members of this con- convention. And I wish, therefore,to state briefly for retaining these senators is, that in the more my reasons for this article. In doing so, I shall deliberative branch of the general assembly we have simply to state the reasons controlling the secure one-half of the body with some experimajority of the c,)mmittee on the schedule in ence in legislation. making this report, to which my name appears Another reason for this provision is this: If attached as a member of that committee. we call the present general assembly together next winter, in accordance with the proposition Tiere was some difficulty in the munds of the of the gentleman from Des Moines [Mr. Hall] members of the committee, in arriving at the and his friends, we shall be compelled to call best course to be pursued in relation to the another general assembly together the year f)Ilelections under this constitution, in the event it lowing, which we found upon calculation, would should be adopted by the people. The first im- cost the people of the state from one hunpression among the majority of this body, seem- dred and twenty-five to one hundred and fifty ed to be that it would be advisable to retain the thousanddollars,,ttd that we thought wasa strong pre-ent legislature. Butt when that proposition argument in favor of the plan we have decided was introduced into this convention, it met with to adopt. An argument of one hundred and opposition, not only troni the republicans, but I twenty-fiveor one hundred and fifty tbousand believe that it met with the universal op)position dollars is a strong one, and one which the of the democratic members of this bi)(1y. The people will feel; and their opinions in this matreason which they held up here, and which they ter ought to be consulted. That is one reason urged, and which operated to no little extent why we have concluded to call a new election upon the minds of the majority of the commit- next October. tee on the schedule, was that the people wished Another reason is this: There was great disand desired that the men who should meet to- Another reason is this: There was reat die g eth e r in the first general assembl y under this satisfaction felt in this body in relation to the constitution, should be fresh from the people, basis of apportionment adopted by this convenconstitution, should be fresh from the peopleot, n tion. Anrd for the purpose of meeting tlpt dist h e issues involved in this constitution could be satisfaction the difficulty and the time that would tfo e sll y and thoroughly canvassed. necessarily be consumed in endeavoring to profully and thoroughly canvassed. vide for anew apportionment m.mong the several Mr. PALMER. Why not provide then for counties inthis state, the committee concluded to the election of all the members of both the adoptthe apportionmentpassedbythe last genhouses of the general assembly? eral assembly. In doing this they considered it a Mr. WILSON. I will inform the gentleman, kind of compromise between the opponents of as I go along. This schedule provides that the the basis of apportionment established in this house of representatives, which, under our the- constitution, and the old basis of apportionory of government, is considered the popular ment, for it throws off the constitutional apporbranch of the general assembly,shall be all elected tionment for two years. This will give the new at the first election under this constitution, and counties of the north, west and south, time in that they, w-th the senate, shall hold their first which to be built up, and to get the proper ratio session next winter. We also provide by this to entitle them to representatives; and at the schedule that that portion of the senate elected same time it will guard the medium sized counin 1854 shall go out of office, and that their suc- ties from the hardships that will necessarily be tessors shall be elected next October. That worked upon them by the apportionment of will bring in fresh from the people, about one- representation in this constitution. half of the senate in our first general assembly Mr. HARRIS. Why was the governor turnunder this constitution, who will be elected up- ed out, and not the rest of the state officers? [39th Day. 1038 Thursday] WILSON —PALIIER-IIARPis. [March 5th I SCIIEDULE. Thrdy 1InI-IsN.wac t too, that that p)arty in the apportionine~it of sea -tolrs u!d(e,' which thie sen.-itors elected in l.S54 were chosen, tacked on some eight or ten-I do not know but eleven coonties-itin the north to Dilbuquti, so that Dubuque county could overh rile the people of all those counties, until Judge Hamtilton was elected, and then struck ali off )butt Deltaw;,tre county, I think this comes with bad grace froml that party. There are some other things to be considered i n cnnection with this matter, before they can bring this charge in justibe against us, even sup pnsirig that we do have any advantage under this apportionmtent. For instance, we find that t ite the spring session of 1852, when the whig party was in existence, the whi: counties wow,ld be entirely over-balanced( in this way; for ex ample Pott'awatamie county with a population of three thousand three hundred, would be allowed two representatives, while the ratio for Warren county would I, e four thousand. it was so, then so much the better. If he in tends to resigr, then we have acted wisely in providing for an election next October. The reasons for pros iding for the election of lieutenant governor at this first election are that he is a new officer, and is the president of the senate, and should be elected to preside over the first general assembly under this constitution. By pursuing this course, we find that at the next October election we have to elect the members of the general assembly, the governor and the lieutenant governor. At the election in October 1858, we have to elect the secretary, auditor and treasurer of state, attorney general, districtjudges, district attorneys, members of co,gress, board of education, and such state officers as will be elected at the next April election. That will give a ticket of about equal size to each year. When we come to put in the first ticket, the judges of the supreme court who are to be elected in 1859, we will give tickets to each year of about equal proportions. For in one year we will have the election of supreme judges, members of the general assembly, governor and lieutenant governor, and in the other the remainder of the state officers, and our congressmen. We concluded that that was the best division of the tickets, inasmuch as we were compelled to have elections in these different years. In regard to our congressmen, we must elect them in 1858, or, if we did not pursue this method of dividing our tickets, we would have to call an election in 1858 expressly for congressmen and such county officers as could be elected at that timne, or if we did not do that, call an election in 1859, or put it off until October, 1859, and have no congressmen from the fourth of March of 1859, until the second Tuesday in the following October. For these reasons, the majority of the committee concluded to bring in this report, providing for three different elections. I think that when we come to take into considleration the history of the democratic party, in relation to apportionment, the objection, whi iclth is presented here against this s(cheme, coWnes with a very bad grace. Wihen we remember, Mr. HIARRIS. If the gentleman from Jetferson, [Hr. Wilson, is allowed to make a speech upon that subject, I should also like to be heard upon it, as I was a member of that legislature myself. Mr. WILSON. I wish merely to rebut the char ges which have been bro ught again st the majority of this c onv ention, and of the c ommittee of which I am a member. That apportionment was made at that time,' as will appear by the records of our state government. The ratio of population at that time was some four thousand. Yet the counties north of Pottawatamie were assigned one representsa tive, although there were no returns at all of any population there. It was well known that there were very few inhabitants in those counties, and yet they were given a representative. There is another thing I would refer to. In the session of 1854-55, the democratic majority in the senate kept Mr. Brian, from the fourth district, in his seat until the apportionment was passed throug,h, and that apportionment was intended to give them a judle, as I have before shown. The whig, republican and fusion members in the house and senate were coml)elledl to take that apportioiinetnt, or continue the old one, and they toot, th,,at in pref reicee to theold one, because it was a little better even,ha. that. Now I do not know what advantage eithtr party may gain under the apportionment of the last general assembly. We have had argiiiallel Lts from the democratic side of this conventimn in favor of the uprightness and general gob,l c,l, duct of the general assembly. These mein were acting under the obligation of the oath they had taker, and I presume they discharged their duty under that oath. They have pres. ntedl us wit l ai basis of apportionment, ant those who voted for that apportionment were the represen tatives of it n m.:jorit~y of the people of this State. We have ado-)pted that inpponti.,m,rnt, simply in order that we, way save time. We have called 39th Day] 10,39 Thursday] IIARRI,-WILSON. [Plarcli 5t)l PROTEST AGAINST THE SCHEDULE. Thursday] HALL-T0DHUNTERollNsT0NKtrF. [areh 5tk a session of the general assembly next winter in order to save the people of this State about one hundred and fifty thousand dollars, which would be the expense to them,.f calling a session of the general assembly for 1858. Now, Mr. President, for these reasons we con cluded to adopt, ai d have presented this report. For these reasons we have supported it here. And for these reasons I shall continue to support it, believing that by so doing I shall discharge my duty to the people of this state, and believ ing that I can go home and my constituents will endorse my action here, and that the people of this state will endorse the action of this conven tion in regard to this schedule. We have done the best we could, under the cir cumstances. We have endeavored to take into consideration the interests of the whole State. Acting under the oaths we have taken, by which we are bound to faithfully discharge our duty to the state, as members of this convention, and with those oaths before us, we have endeavored to discharge our duty. We have presented this report, and we are prepared to stand by it, and to vote for it, and to send it to the people for their action. The Secretary concluded the call of the roll, and announced the result to be, yeas 20, nays 12, as follows: Yeas-The President, Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson and Young.p Nays —Messrs. Ayres, Emerson, Gillson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Peters, Price and Solomon. Mr. HALL. I wish to give notice that myself and others will, at the meeting of tile convention this afternoon, present a protest against this set edule. Tne PRESIDENT. The convention has now voted upon the constitution by its several articles, and the chair would suggest this propriety of voting upon the constitution as a whole. Mr. TODHUNTER. I move that we now proceed to vote upon the constitution as a whole. Mr. JOHNSTON. I would like to have some consultation with my friends upon this before I am called upon to give this vote. There are some things in this constitution that I like very much, while there are other things in it I do not like. On motion of Mr. SKIFF The Convention then tool a recess until 2 o'clock, P. M. Mr. HALL. In pursuance of the notice I gave this morning, I wish to offer a protest against the schedule adopted by the convention, signed by several memnibers of this body, and I ask that it mnay be spread upon the pages of the journal. I shall not, at this late stage of the convention, say one woid by way of discussion. It is not my purpose, in presenting this protest, to get up a discussion; but I feel it to be my conscientious duty, so far as I am concerned, to put this protest upon record with the vote I have given. The protest was then read as follows: The undersigned, members of this convention, beg leave to present the following protest against certain pro visi ons contained in the schedule, as passed by the majo rity of th e con vention: Under the provisions of the pon schedule, the question of adopting the constitution will be submitted to th e pe o ple for the ir appr oval or r ejection on the first Mo nday of Augus t A. D. 1857. If it is adopted, it becomes the supreme law of the State. The first election under it will be on the seco nd Tues day of Octo ber, 1857. With this we wo uld be content. But the sixt h, seventh, and eighth sections of th e schedule come in, and comple tely discre d i t the first section, by denying to the constitution its authoritative character, in the important and primary matter of electing their re pre se ntatives, a nd o ther offi cers of the State. The constitution recognises, and gives to the people, the right to elect their supreme judges. The manner of electing those officers, under the present constitution, is cond emned as wrong; yet although the constitution provides for a gen eral election in 1857 and 1858, yet this right of the people, so unanimously conceded, is with held until October 1859. The constitution provides for the mode and m a nner o f apportion in g the State into reprte sentative districts. This ma-nner is materially and radically different from the mode provided under the present constitution, and would be the supreme law orthe State at the October elec tion, 1857, if this schedule did not interpose a veto upon it. In the place of allowing the wise and equitable mode provided by this constitution to govern the apportioning of the State into representative districts, this schedule interposes and adopts the apportionment made by the late General Assembly, and again denies to the constitution its supreme character. The apportionment in this manner adopted is grossly unjust, and in violation of the very first principles asserted in this constitution. It gives the power to a minority of nearly twenty thousand of the people of this State, to elect a majority of the representatives of the people. This convention then, by their action sanctions and adopts the principle that the first legislature, that shall assemble under this constitution, shall be elected by a minority of the people of the State. .,The Convention re-d wassemb l ed at 2 o'clock P. M., and was called to order by the President. I I 1040 r39th Day. L Thursday] HALL-TODIIUNTER-JOI-INSTON-SKfFF. [Marelt 5th Pi,otest against the Schedule. I I EVENING SESSION. I PROTEST AGAINST THE SCUIIEDULE. SCOTT-WILSON-PARVIN-IIALL. til the terms of their office had expired by law. The people, in electing those officers,o e lected them for a certain t ime; and be cause we have the r ight to make a new constitution, and r e move the se officers, I do not thin k i i is r ight we should do so. I would have kept in all the offi cers until their terms of office had expired by law. The schedule we h ave adoipted cuts off a number of the m. It cuts o ff s ome o f the judges o f the su preme court. Mr. HALL. I do not ask any gentleman, wao voted for the se thr ee sections in the schedule, to be lieve a word of what is c ontained in the pro test. We, who have attached our names to th i s paper, have done so from the des ire to vin dicate ourselves, and place ourselves right upo n the record. So far as I am concerned, if gentlemen desire to pursue the unusual and extraordinary course of presenting argiuments in refutation of their ow n action, I have not a word t o say. The mna jority can do as they please. But when gentle ufien say to me that they have examvined this mat ter, and th at the apportionment they have made was not adopted for polit ical p ur poses, I must confess that I have some slight scruples as to their sincerity, or else as to their s agacity. We all know th at th is apportionment gives the power to a minority of nearly twenty thousand of the people of this state to elect a majority of the legislature. Why this was done, is a ques tion which the s e gentlemen will have to answer before the people of th is state. I can tell gentlemen for what purpose I think it was done. It is an apport ionment for party purposes, carried to the very ex treme, s o as to provide for the e lection of United Stat es Senla tor, which comes off in 1859. An equit a ble ap portionment of the state wo uld not g ive a ma jority of this convention qu ite as sure and cer tain success in that election, as it would if they took up this infamous project, got up by the late general assembly. There was no other plan they could devise, by which they could give to so large a minority of this state the con trol of this election., But gentlemen say they have adopted this principle in order to prevent a second meeting of the legislature in 1859. I cannot see the force of that argument, when they continue the legislature and have a session in 1858 instead of 1859. Why should this legislature be elected under a law which the constitution itself re peals? Why do you say in the first article of the schedule theft th-.s law shall be supreme, and then afterwards go on and say it shall not be supreme until the legislature convene in 1859, and elect a United States Senator? It is no trouble to district the state; any school-boy could do it, tor all he has to do is to gfet the population, and then with the ratio which is fixed by the constitution, he could very easily make it. Why was not the apportionment for the election of the general assembly for 1859 made under this constitution, and not *under the law of the late general assembly? The undersigned would not complain of a reasonable delay in the passing from the old constitution to the new one. But where it is apparent that the proper time has been enlarged, and just and wise reforms are delayed and withheld, for mere partisan purposes and advantages, the undersigned cannot silently stand by and suffer the outrage to be consummated. We, therefore, protest against the postponement of the elections of the supreme judges until October, 1859. We protest against the election of the legislature under any other apportionment, except based upon the principles declared in the constitution. We protest against continuing the,apportionment law of the late General Assembly by constitutional adoption, because we know it to be an outrage upon the rights of the people, by turning over to the minority of the people the power of the government, which, upon the highest principles, belongs alone to the majority. Mr. SCOTT. I hope this matter will not be discussed. I shall not object to the protest going upon the record, and I hope the convention will allow the majority of the committee on the schedule the right to put their statement upon the record also. M r. WILSON. I willag add, in addition to the remarks submitted by the gentleman from Clayton, [ hr. Scott,] that w hil e opposed to the protest which was offere d this morning, while the yeas and nays wer e being called upon the report of the committee, upon what I deemed good and sufficient grounds, I still entertain the same obj ections to the protest now presented. I am perfectly willing, however, that that protest shall go upon the journal, provided the convention will grant leave to the majority of the committee on the schedule to place their answer to the protest also upon the journal. I desire that the people shall have both sides of the question. That is all I ask, and I see nothing unfair in such a request. Mr. PARVIN. I have no objections to the piotest going upon the journal, although it charges those who voted for the schedule as having acted for party purposes. I presume it is well known thaLt it is not the kind of schedule a great many of us wanted. I voted for it because it was a kind of a compromise; and, therefore, I am not obnoxious to the charge that I voted for it from party motives. It was not the schedule I desired, and I voted for it almost under protest. I said, a long time ago, during the early part of tale sessions of the convention, that we ought not to turn out any of the officers un 39th Day.] 1041 [March 5th Thursday] (Signed by) J. C. HALL, ,& 1). P. PAL.,%IEEL. A., HAr.RlS, H. D. GIBSO.N, W-,%I. PATTERSON. JOHN 11. PETEI-TS, S. Ayicus. PROTEST AGAINST THlE SCHEDULE. [March 5th will give the reason whiy the committee did not see proper to provide tlb this app),rtiolnr,'ent uinder the conistituti,m. I know where the shoe )pinchles. Geritlemei fear they will not be able to get the adlvantige which they hope(l t'.ey would get. But when they come to read us lecture s tabout honesty, fairness and propriety, in political action, it.seems to me, in view of the political history cf their party, that they should be the very last mnien to openii their lips about such things. We know that whenever they have had the power, they have taken all the radvantage they could get. This is a part of their political history, not only in t he State governreent s, but in the natin goo avernme n t.l And yet, with all the history of their black doiUs int the past, they come he re and charge the Republican party with unfairness and corruption in this matter. I am willing to le t t he history of the tMo par ties go before the people. I am willing to let the reasons, which have alreadv been, and which will hereafter be, given tfor the action of the committee, and the majority of the convention, go to the people. I have no fears that the people will re pudiate their action. ~ It seems to me that the gentleman from Des Moines, [Mr. Hatll]-I regret that he has left his seat-might find something in the political history of th-is State, as connected with the elections of this State, that ought to act as an estoppel upon his mouth, and prevent him forever from bringing such charges against men as ho has made here. I do hope that this convention will adjourn in good feeling among all its members; and I do hope that nothing will occur to inmpair that good feeling. I hope that we will all leave here united in our intentions to support this constitution. But I expect that war will be declared upon it; and I expect that that protest is the first step taken toward that declaration of war. But if it is to come, let it come, I have performed my duty, according to the dictates of my own judgment, and 1 can go back to the people, and auk them to indorse my action. If they refuse to indorse it, I shall cheerfully submit to their decision; but I have no fears of the action of the people in this respect. Mr. HARRIS. I am very glad the gentleman from Jefferson [Mr. Wilson], has informed us that he is ready to submit to the will of the people, it they shall decide against him. There must be some consolation for him in that thought. I have something to say here, for the simple reason that I happen to be the only person here that was perhaps personally involved in one of these gerrymanderings of which the gentleman from Jefferson [Mr. Wilson] speaks, as having occurred in the former political history of this States I do think tha~t the appoortionment of the last legislature^, upon which this conventionl las decidled toa[ct, was a~ veiny ulnf~ir one; the most unfair of' any one that I have ever t)eenl called upon to inlvestigate. It was not because of the Genitlemen m:ay sug,gest a thousand excuses, but I think the rea-ou is quite ap)areiit, for adlopting the provision here Imade. W hat I complain ot is, the simple fact that the first legislattire. which is to convene under this contsttutionl is to represent,t latrge minority of the people of this state. Such is the fact, anld I can demonstrate it 1-y the apportionment bill. As I said before, I do not wish to excite any discussi on, but I wish simipl y to enter my prot est, in reg.ehd to the action of the majority here, upon the jour nal. Mr. WILSO.N. I wish to Submit a few rema.rks upon til,s matter. Wheel gentlemen enter upoa ai discussion of This kind, they ought to look over the entire field, and see wlhetiher t y have everything right on their own side. TIs:iis schedule provides that the successors of such} state sernators as were elected at the August election, 1854, and all the members of thehouse of representatives. shall be elected according to the apportionment now in existence. That apportionmnent was introduced into the assembly in 1854 and 1855 by thte party to which thegentlemani from Des MIoines [Mr. Hall] belongs.Now what is the result of this apportionment? The result of it is, that every Republican member upon this floor, taking the average of population, represents fifteen thousand four hundred inhabitants, and every Democratic member represents but twelve thousand. And yet we propose to let that stand, and let the senate be elected under that apportionment. It does seem to me that there is nothing here of which the gentleman need complain. But the gentleman says, that he feels theeffect of this schedule, in regard to the election of United States Senator, which comes off in 1859. No doubt his party felt it in 1854 and in 1855, when the state Senate sought to prevent the election of a United States Senator by the legislature, and by their action afforded the majority in the Unite d S tat es Sena te a n excuse for throwing Mir. Ha rlan out of his seat. No doubt they felt it then, and were acting the part of wise, judicious and fair-minded men. But now they come in an d sa y they f ee l the force of this apportionment, and say it is a minority rule. the last election sho ws tha t the Republic a n party has a majiority in this stat e, f or th e y completely swept the field. And i f there is to be an adintctage either way to the parties, I ask, whether it is not right th udt t he party, which has been t he latest endorsed by the peopl e of the state, should not have the advantage, which p to et tis to gr o w out of this apportionment'? But I say h ere acain, that in preparing this schedule, we did whe t w e th ought would best promote the interests of the state. Gentlemen may complain, and say that we ought to maLke an apportionment under the constitution. I say that there is a law of -apportiolnmen,t in existence niow, under which it is proper to elect; and it is the only law under which we can elect, unless we go to work and apportion the represenlatlves of this State. II 1042 [39th Day. Thursday] WILSON-IIAP.,RIS. l i I PROTEST AGAINST THE SCHEDULE. apportionment, or the schedule which is here matter as the gentleman from Jefferson [Mr. presented, that I came to that conclusion. I Wilson]. who, I understapd, was not a resident lhappened to have an opportunity to pay some of the state at that time. little attention to the deliberations of the legis- Mr. WILSON. The journals show what lature when that apportionment was under dis- course was pursued at that time. cussion. I happened to kn,,w something of the M.HARRIS. Thejournsdonotshowtat features of that apportionment, and the sort of r qejo s u ho tha any party questions came up. The only thing determination that prompted the majority to put a t uras o i he nc th it through under the lash. Some gentlemen which the journals show is the difference that i existed between the new and old counties. The who led off in that matter were very free to confesso that they had ehausted allwtheir skill gentleman says that the majority kept a certain confess that they had exhausted all their skill 9a ebru nti lo,utlte man as a member upon this floor, until they in attempting to find Democratic counties upon ou and passed an apportionment bill. I happened w h ich they could tack large Republican maj ori- to be here and I recollect hearing some of the ties, for the purpose of disfranchising the ma discussion that took place in regard to this man jority. I repeat, that it was not since this Bryan schedule came before the convention that I came to the conclusions I have with reference r WILSON. I would ask the gentleman to that apportionment. whether, before the election of the Un~ite( utsy that f apgrti henth States Senator came on, the majority in the I must say that I felt agfgrieved, when the.'. Igmustleayntha f elt agrieved whe house of representatives did not give the con gentleman from Benton [M. Traer] brough.testant of a seat upon that floor, the democratic forward the proposition he did, for I thought it subjected the convention to some extent, to member, his seat, and oust the republican member? the charge of endorsing the extraordinary conduct of the late legislature. Yet, notwithstand- Mr. HARRIS. It mav have been before the ing I felt all this, vet not with the expectation, election of the Senator, but not before they however, to express what I felt, with the view were in caucus. I undertake to say, that they of getting up personal quarrels with those who would not have done so, had they not believed might difter with me, because tiey represented that the Senate would not permit Bryan to go a pIort on of the people of the state, and had a iout, so long as the other branch retained the right to take a different view in regard to these member whose seat was contested. matters from myself, I would not have said one Mr. WILSON. As soon as the senatorial conword, but for the arraignment of the action of test was determined, I would ask the gentleman the legislature of 1852. if the committee on elections did not make their Now I was myself connected with getting up report, and if the senate did not immediately the apportionment at that time Permit me to act upon it, and give the republican claimant say here, that that apportionment originated in his scat? the other end of the capitol, under the eye of Mlr. HARRIS. I am not prepared to answer his excellency Governor Grimes, than whom no the question. I undertake to say, that so far man perhaps exercised more influence in that as the senatorial difficulty was concerned, it was end of the capitol. a question of strife between the two houses; and I undertake to say here, that, as far as my the Democracy said that as long as the other information goes, there was no party feeling or house retained the republican claimant from excitement upon that question. I know that Marion county, who was notoriously a usurper, when it came into the house, the question of in his seat, they had no occasion for turring out whenrty came intoth housed, an nwtherqesto ofaI party was not raised, and I know there was Mr. Bryan, and they would not do it, until the more objection on the part of'ome members of house hadturned out this man from Marion the majority, in regard to the disfranchising of couny. some counties, than there was on the part of The gentleman from Jefferson says that the the minority. I undertake to say there was no majority of the senate passed the apportionment charge made with reference to a political gerry- bill here, and then they permitted that man to mandering. There was some strife between go out. But I will ask the gentleman, whether the new and older counties, and there was a there was not a majority of the other party in feeling in the house of representatives and in the other house at the same time? I ask the the senate, upon that question; but I under- gentleman whether they were under the necestake to say that there was no discussion upon sity of concurring in the apportionment passed the question of party politics. The e was no by the senate, unless they chose? Long before misunderstanding in regard to that matter. I the close of the session, they held a mIajority in know there were complaints made about the both branches of the legislature, and had held representation which was given to some of the the majority in the house of representatives western counties; but I apprehend, if there had during the whole session; and yet the gentleman been any of this unjust gerrymandering, of comes in here and attempts to shield himself which the gentleman speaks, we should have behind the action of that legislature. heard the voice of Gov. Grimes upon thatques- The democrats are arraigned for their action tion. upon this matter of the election of Utnited States I make these remarks because I think I have States Senator, and for taking a step that the as good a right to claim to understand this Senate of the United States have said was a le 39th Day.] 1043 Thursday] HARIIIS-WILSON. [31arch 5th PROTEST AGAINST THE SCHEDULE. Thursday] WILSON-HARRIS. farch 5th gal one, a step to prevent those, representing the majority in joint convention, from frittering away a whole session in bickering and quarrel ing among themselves, for the purpose of elect ing a United States Senator. It will be recol lected that the democrats, by the gentleman's own confession, holding a majority upon this floor, had gone into joint convention some four or five times, with a majority against them, to elect a United States Senator. And yet, be cause of the notorious quarrellings and bickerings am,ong the majoriny, they were unable to elect a United States Senator. But, finally, the democracy concluded that they had some other purpose to subserve, besides that of spending a whole session in sitting in j,lint convention to elect a senator, when the majority were unable to agree among themselves. Mr. WILSON. I would ask the gentleman if the democrats did not consent to go into election of senator, and if they did not, as soon as the republicans concentrated their. strength upon Mlr. Harlan, as their candidate, bolt from their agreement? Mr. HARRIS. There was no understanding about Mr. Harlan. I happen to know as much as any other gentleman here about the refusal of the Senate to go into that election. It was not known what the action of the majority was; but the democrats said that they had given them five opportunities to elect a senator, and they considered that they were exempted from waiting any further upon these party quarrels, in which the majority were unable to agree. I undertake to say that there was no understanding that the democrats were to go into joint convention under these circumstances. If gentlemen will permit me to go a little further, I will say that, so far as the refusal of the democrats to go into an election at that particular time was concerned, the objection rose with gentlemen who, up to that period, had acted with the oppos it i on to the democracy. I undertake to say that, so far as that political struggle is concerned, I apprehend the gentleman tfrom Jefferson will not make much in making an appeal to the people of this State, in regard to the action of the democrats, taking in connection the history of that session, with the notorious wasts of time, and total disregard of the public business, that followed on the part of the majority. I have no anxiety to allude to these things, and discuss them here, and should not have done so, if I did not consider that I myself, as a member of a former legislature, was really under obligations to do so. I would be culpably liable if I did not attempt to defend myself, and those who acted with me at that time. There is one other matter to which I wish to refer, and which I would not think of mentioning, if the gentleman from Des Moines [Mr.i Hall,] was in his seat, but I would leave that gentleman to defend himself. He is not here, and I feel myself called upon to say a single word. The gentleman from Jefferson [Mr. Wilson,] says, that there is a little matter in con nection with the history of elections in this State, that he should think would place an estoppel upon the mouth of the ge n tleman from Des Moines, [Mr. Hall,] in reference to making the complaints he has here. Having heard this thing so often, so far as the gentleman from Des Moines is concerned, I had supposed that it had become worn so threadbare, that gentlemen would not again repeat it. We all know to what the gentleman refers. It is the history of a certain poll book affair that occurred upon the Missouri River. If the gentleman from Des Moines, or any other gentleman, were really guilty of the charge of theft, in that matter, as some gentlemen have been in the habit of insinuating, ever since the transaction, I have only to say that I do not stand here the apologist for theft, or any other crime. And I will say another thing here; that if it be wrong, as it certainly is, to steal at any time, and especially to steal poll-books, it was certainly more wrong to steal these than any other; because I understand that anything which a man pays money for is his, and it is generally understood that the opposition had bought these pol l-books, an d pai,l a good rou nd sum for the votes contained in them; and they were, therefore, entitled to them, and these books should not have been taken away from them in this manner. So far as the history of that transaction is concerned, I apprehend that if gentlemen will take the trouble to make an examination, they will not find very much perhaps to glory in upon either side of the question. When Elder Hyde could admit that the price of those poll-books was one thousand dollars, which they received, I think that gentlemen upon the one side would feel as much delicacy in mentioning it as a despicable transaction, as they would upon the other side. But let me say, as I said before, that it was certainly wrong to take them, because what a man pays his money for belongs to him. I do not stand here as the apologist of the gentleman from Des Moines, if he was connected with it; but it is well for gentlemen to understand the wh-le of the transaction, before they are ready to indulge in their insinuations here. Permit, me to make a rema rk or two upon thi s schedule. The gentleman from Jefferson, [Mr. Wilson,] says that he understands this protest to be the war cry, the signal for attack upon this constitution. I do not expect, or pretend, to speak for any body but myself. But so far as I am able to present this constitution before the people, I do not expect to try to influence the vote of any body, pro or con; neither do I understand that, by any thing I have said or done here, I am pledged to vote either for or against it. But I claim, and shall exercise all the privilege of an elector when I go to the ballot box. I claim that my right to exercise my choice how I shall vote is not compromised in the least. I expect to exercise that right independently and fearlessly, and I expect every voter in the State 1044 [39th Day Thursclay] WILSON-IIARRIS. [March 5th t I PROTEST AGAINST TIHE SCHEDULE. Thursday] IIAPRIS-WILSON. fiiiareh 5th will do the same. I do not understand that, in election of the whole legislature then. I placing my name upon the protest against this would prefer to see the present legislature come schedule, and the principle there itiv-olved, it back, than to have an apportionment fastened pledges me, if I think that the principles of Ihat upon us, for which no apology can be offered, constitution are right and proper, to vote against save that it is designed to secure ai advantage, putting them into operation, because this sched- however much the sentiment of the people of ule lasts only for a day as it were, while princi- the state might be changed, by which the pres ples of government are to be established by this ent majority, however insignificant the minor constitution upon the institutions of this State ity into which they might sink, would hold the for an age. balance of power in the legislature. While I think that the schedule upon its very But gentlemen upon the other side ask us, face, shows extreme partyismn, yet I do not fear why do we complain when the senate is left the result of it so much, because I believe the Ijust as it was. Four years ago we held the ma history of elections in this government, that jority and when the republicans were placed in where electors are free, where parties resort to the same situation in which we are now placed, unfair apportionment and to gerrymandering, we compelled those who came in here upon an they are always in the end sure to meet defeat, increase of representation, and by a change of although success may at first crown their efforts. districts, to draw lots among themselves; and as I apprehend that the majority here will find, so an evidence that there was nothing unfair in far as supporting the principles of this schedule this, I believe that but one democrat to five of is concerned, and so far as it may be regarded the opposition secured long terms. And yet as partizan action to control the elections of when the same case arises here, thiey all hold officers, that the action of the majority in this over. That is what we complain of. respect will receive a most complete condemna- A remark or two further and I will close. The tion from the people. gentleman from Jefferson [Mr. Wilson] says, As I have said before, I do not understand that that we are estopped from complaining of these I am pledged, by the manner in which I have things in view of the past history of the dem seen proper to protest against this schedule, to ocratic party. This kind of assertion will vote against this constitution. I do not think answer very well for declamation upon the that the protest pledges any gentleman who has stump; but even if it were all true, which I de signed it to do so. I think the man, who would ny, I do not understand that wve are thereby make the schedule a reason for voting against estopped from comming in here and protesting the constitution, would prefer the shadow to the I against what we see is wrong and unfair. Per substance. mit me here to say that it is strange, if the his So far as the partyism of this schedule is con- tory of the d emocratic party is such as the gen cerned, I think this is evident upon its face. As tleman complains of, that that party should have near as I am able to ascertain, I find that-not succeeded for so long a period of time in main twenty thousand as was stated by the gentleman taining its ascendency in the government of this from Des Mloines-but between seventeen and countrv. It is very fortunate for the gentleman eighteen thousand will be disfranchised entirely just at this timne, in making a charge of this kind, by that apportionment. I have taken some that he can claim to belong to aparty that has no pains to make comparisons and investigations, history. After garroting the partyto which he and here is a single fiact to which I wish to call has belonged, after stabbing the old party with the attention of the convention. Take three which he has been associated he can come in counties near the northern part of the state that here now and make his charges against its his are strongly republican, and with only a popu- tory, and shield himself behind a barricade lation of four thousand each; they are each where we cannot make the sane charges against given a reprtsentative, while the county of Da- the party to which he now belongs, for fortuvis with a population of twelve thousand, and nately for him it has no history Permit me the county of Appa,noose with a population of here to sayl, if the stand tlhat has been made ten thousand, are only given a p represe ntative g each. The county of Wayne, with a popu-lation eac. Te cunt ofNV~dn, wth, pp!.a~tonbefore it will have a history, and one which I as large as either of these three northern repub- apprehed the gentleman will as read to get lican counties, is not given a representative, but ri of, as he has been of the history of that is coupled with the other two counties, Appa- party with which he says lie has been hereto noose and Davis, to get a third representative. fore associated These are matters of history. These are facts Mr. WILSON. I wish to make a statement in which will appeal to the people of this State, not relation to some things alluded to by the genupon the question of adopting this constitution, tleman from Appanoose and myself. It will not but when an attempt is made to elect and place take a great many facts to upset all the declain the legislature members to be elected by such inations which the gentleman can make. He palpably unfair means. hi can declaim as much as he pleases about the I think that all officers should have | action of the democratic party in 1854-5. The been elected at the first election under this journal shows what that action was; and it constitution, and it would have been bet- I shows that O.r. Clark was admitted to his seat ter if provision had been made for the by a majority of the house of representatives on 132 39th Daj] 1045 (March 5th t Thursdayl IIAP,,RIS-WILSON. PROTEST AGAINST THE SCHIIEDU,E. T'lutrsday] the fourth day of January, 1855, pending the senatorial contest. The sixth day of January was the day for the joint convention from which these immaculate senators bolted. What then (lo we find.n the senate? In,stead of turning Or. Bryan out of his seat before they went into the joint convention, and before the senate could act upon the adjournment, we find that they kept Mlr. Bryan in his seat, until-when? The joint convention was on Saturday. A majority of both branches elected Mr. Harlan senator, and the contest was ended. On Monday these immactlaite democrats turned out Bryan and admitted Jordan. .ir. HARPIS. Did Mr. Clark's vote change the result? We have good democrats upon this floor acting with the republican party, noble men, noble in heart, noble in deed, who would never submit their backs to be lashed by the power that has controlled that party. That is the reason we find them here. And that is the reason why the republican party, as the gentleman says, has not a long history as a party organization. It has not; but as to its principles, go back to the days of the fathers and you find them. We are only endeavoring to support these old principles, and we care not whether we do it under the name of republicans, or whether it is under any other banner. Whereon floats the banner upon which these principles are inscribed, there will we rally, and there will we strike. The gentleman may pride himself upon the history of his party as much as he pleases; but he, admits that it is a history with many blots upon it. Mr. HARRIS. No, sir; I did not admit th,,at. Mr. WILSON. Aye, sir; but he brings up the old whig party as a. comparison; he brings up the present action of the republican party as a comparison; comparing them with what? With the same foul blots upon the democratic history, which h e a scribes to the. But the foul blots upon the republican party he has failed to fi and, and he cannot find, sah what he pleases. He has referred to one thing; in fact, he not only referred to it, but blurted it out in fair open terms. I did not refer to anything in the history of any gentleman by way of a direct charge. I did not point out wha t I had r eferred to; but how readily the ge ntleman from Appanoose, [Mr. Harris,] underst ood it. It i s a part of the ir history, and bei ng versed in the history of the party, and in the acts of the party, as a mat ter of course he und erstoo d me. But he says that the other party was enga ged in a wrongful tr an saction also; and the efore, to use his ter m, it justified them in st ealing. Mr. HARRIS. No, sir; I did not say that I justified stealing.*, On the contrary, I said that however wrong it might have been in other cases, it was here doubly wrong, for the reason that what a man pays for, he is entitled to. Mr. WILSON. That may have been the gentleman's language; but it seemed very like a justification to me. It looked like it; it sounded like it; and I believe it was it. He referred to the time when the democratic party were in power for so long atime. Why were they in power so long? Because of that very policy to which I have referred and which he endorses. Think of their gerrymandering schemes to overturn the action of the people in the selection of their officers. If they could only have held out under their apportionment of 1854,. and elected a majority to the last general assembly, how nicely they might have sent A. a. Dodge, or some other mnan back to the senate. That would have continued this power, and their means of keeping in power. Every man of them knows Air. WILSON. No, sir; Mr. Harlan had three votes more than a imnejority of all the votes, but sIr. Bryan's did on this side of the house. He controlled it; and it was by the use of Mir. Bryan's vote that the democratic senate could adjourn from Saturday over to Monday, and thereby attempt to defeat the election of United states Senator. Mir. Bryan's vote would answer every purpose of controlling the senate, so long as it was desirable to that party to control it; but after the senatorial contest had closed, then these gentlemen could afford to let the man elected by the people take his seat and act as a member of the body. They had investigated it in committee before that time. They knew all about it. They were prepared to act upon it; and on Monday they did act upon it, and threw MAr. Bryan out of the seat, because they had no further use for him in particular. The apportionment was past; the senatorial conflict was past; the judges of the supreme court had been elected; the state printer had been elected; all their officers had been elected; and Mr. Bryan was of no further use politically. Therefore he could go; and the people of Polk district could be represented upon the floor of the Senate by the man whom they intended to vote for United States senator for them, but who was keptout by that party. Yet we are arraigned here now by gentlemen who consider their party a party belonging to history, and attempts are made to sneer at members upon this floor who have now turned the cold shoulder to that party, and turned its carcass over to other hands. Very well, sir; it only shows the indepnddence which existed among men who were connected with the old whig party, and men who composed the old democratic party, to rise above the party shackles which still bind the minority upon this floor, and to act like men. When the leaders of the party interfered with the interests and the principles of the party, they burst their party bonds and came out like freemen, not crouching down before the power which demanded that all the principles of the party should be surrendered. 'IThat is the difference. I am proud thatI belong to such a party. I would rather occupy that position to-day, than to be the oldest democrat, aLnd the one stand ing hig hest in the p arty, because even he must submit his back to the lash, [39th Day 1046 [ffla,rch 5th HARRIS-WILSON. and stand and take it patiently, or he, too, must come out of the pa.rty. PROTEST AGAINST THE SCHEDULE. WILSON —JOIINSTON-PATTERSON. it. They are steeped in the history of these transactions. Letthem go to the people with their charges, if they will. But let them view the recent history of legislative proceedings in Illinois; let them take up the Ohio constitution and the apportionment made by the democratic constitutional convention. Let them take it all up, and say whether or not, in every instance where that immaculate party has had the power, they have not gerrymandered so as to deprive a large majority of the people of their right to be represented. What was this gerrymandering scheme in Illinois for? Any honest purpose? BWas it Intended to confer upon the people the right to (-ive a free und unbiassed expression of their will in relation to the choice of United ted States senator next to be chosen in that state? no, sir; it was merely for the purpose of perpetuating the power of Stephen A. Douglass, the man whom tte gentleman from Ap p:noose [Xl. Harris] and his friends, may thank for the organizatton of the republican party, and for the mtray democrats who surround me, having been aul old lea der in that organization. It was for that purpose they perpetuated or attempted to perpetuate that act of apportionrnent. It was for that purpose that a similar scheme was attached to the constitution of Ohio. It is for the same purpose that they always pursue these transactions, whenever they are in power. I d o no t w ish to p ursu e t his further. There is one thing I wish to refer to, called to my mi nd bv the gentleman from Warren [Mlr. Todhunter] and that is the great love tha ththese geentlemen now have for the present legislature. They are perfectly willing to let that legislature come back here, althou gh they charg e it as one of the rascally abuses of that legislat ur e, that they have disfranchised thousands of voters in this state, depriving them of their representation. Yet that rascally, scoundrelly set of men, they are willing should come back here under the new constitution, and start the state government under that instrument. How rapidly these gentlemen have been converted! How they stood up here the other day and battled against retainin., that legislature in power! How strenuously they objected to retaining them in power! How anxious they were to have flesh men, direct from the people, men who should come out from the ballot box next October, in order to hold a session under this constituition! But that is all departed; and why? Do they fear that that legislature cannot return George W. Jones to the Senate of the United States? Is that where the shoe pinches? Is that what the gentleman from Appanoose feels, to use the expression of the gentleman from Des Moines? It must be so. It can be nothing else. And yet, with all this, they now ask us to forego a new election, and bring back this old legislature. These gentlemen would be very willing to compromise in several respects. They ask to place a protest upon the journals of this consvention, protesting against the postponement of the election of the judges of the supreme court; and yet, I undertake to say, that some of the very gentlemen whose mtimes are sig ne d t o that pro test, have offered to compromise by providing fbr of the election of one judge ofthe supremle court next October, another i n the Oc tober following and anoth er in 1859. If this p rinciple is essertially wroeng; if it conflicts with the prin ciples of ourc onstitution; if it is at war wi th the interests of the state; i f it is dep rivin g th e pe ople of their right s, why i s it t hat the se just men, the se men who have set themselves up t o judge oahers, are willing to yield two-th rcds of thaat p ri ncipl e, and reserve one-third; are willDng to give one-third to the people, an( ] r eser ve twothirds for themse lves? The only reason is that they have not got all t hat they wanted. That is th e long andro the short ox the sto ry. If they could only have got everything they wanted hert, not a word would have been uttered he re. If they had had a majority, and could hiftve pissed D schedule ten thousand fold mor e u njust the anfr eun tn they prete nd that thi s one is, which charge I repSlldate, they would have sto od by it like men, andwould have fought until the last hour of the session t o s ustai n it. They alway s do it. But they have no t got it; and now theyr object. I do not want to continue this; but ta ke them all a long the p ath-way of the party, and we find them objecting. They met in nationa l conven-o tion and resolved that they h ad al mo s t unlimited confidence in the integrity ofthe people, and of their ability to govern themselves. Yet w he never the people through the ballot-box interfere with the party, how soon do we find that confidence departed. T do not wish to pursue this question any further. Mr. JOHNSTON. I wish to interpose. My name is not upon that protest, but I would like to have a little time, not for the purpose of examining the protest, butfor the purpose of making up the accounts of the convention. I want to get together the committee on expenditures; and I would ask that the convention take a recess until seven o'clock this evening. The PRESIDENT. It is very proper that the constitution should be read. Perhaps the further discussion of this matter should be postponed until that is concluded. Mr. JOHNSTON. I do not care when; the fourth of July next, if that suits gentlemen. Mr. PATTERSON. I desire to say now, for fear I may not be in my seat when this question comes up, that it is not a correct inference which I understood the gentleman from Jefferson to in timate, that those who signed that protest here, will most probably go home and oppose the con stitution. I signed that protest and I voted against that schedule, I believe, every time there was a vote taken upon it. Iam opposed to it and therefore I signed the protest. But I do not wish it to be understood that because I signed thaft protest I shaml go home and make war against the constitultionl wremay adopt here. I do not know that Ishall, or that I shall not. I intend to act in that mnatter as a fSee man. So f~ar as .relates to the charges thrown out here against t t t t t t I t 39th Day] 1047 Thursday] [March 5th MISCELLANEOUS. Thxursday] WILSON-IHARRIS-CLARKE, of I-1 the democratic party, they do not amount to anything. MIy owvn imnpression is that both sides have gone too far upon this question; and as I desire the perpetuity of the democratic party, I should like to have the gentleman from Jef ferson make some speeches against the party in my county. Mir. WILSON. I will endeavor to do so. MIr. IHAPRIS. A single word-and I will not occupy more than,t minute. With regard to the improper advances made by the signers of that protest for a compromise here, I will only say for myself, that while I said, when I was up before, that I thought we ought not to be and would not be satisfied with anything short of electing all the officers at the first election un der this constitution, yet I would have much preferred to permit this legislature to come back again, rather than to indorse this appor tionment made at the last session. I believe that is the feeling of my frierds here, genrerally. YWe would have been willing to do anything honorable-not dishonorable, as the gentlemana intimates-if it had not been willed in the ca-u cus of the majority that that apportionmtent should be fastened upon us, we would have been willing to do anything honorable to get clear of that apportionment. We would not have said that we were willing to send the present legis lature back again, excepting as a choice of evils-that is all. If the gentleman c.n make anylthing of that, he is welcome to do so. A1'. CLARKE, of Henry. The question be fore us is upon granting permission to spread that upon the record. Is there any other mo tion pending? The PRESIDENT. No, sir; no direct motion; but the Chair will suggest that the consti tutionl has not been re(ad through yet, and perhaps it would be better to examine it by day light, rather than in the evening. },Ir. CLARKTE, of Henry. I will move that we postpone the further consideration of this subject for the present in order to take up the constitution. When it comes up again, I should like the privilege of making a few remarks upon it. Mr. CLARKE, of Johnson. I want to give my reasons for voting for this schedule: but it is immaterial whether I do that now or this evening. The motion of Mr. CLARKE, of Henry, was agreed to. Fitnal ecading of thle Constitution. The constitution having been taken up for its final reading, as a whole-t H~r. CLARKE, of Johnson, said: I move that the constitution be referred to a committee ofi three of the most critical scholars in the convention, to examine and report upon it. I think such a committee could examine it more thoroughly than if it were to be read through at M" R esolved, That the Se cretary of State be allowedt the sum of - dollars, to pay postage upon Green's Reports, to be sent to members of the conven t io n." Mr. TODHUNTER. I will say in connection with this lootter, that the Secretary informs us t o-day tha t he has made an arrange ment for th e purchase of th e re ports-the three volumes yet to come. He expects some of them this evening. They were exp essed from Chicago. He wants to send them to us, and this alppears to be the better way, to mail them. The postage upon each volume will be thirty or for ty cents. I will fill the blank wit h fifty doll a rs. Mr. CLARKE, of Johnso.n. I am somewhat familiar with the cost of sending these volumes. I understand that the price is thirty cents; at least that is what I have been paying for some weeks. It seems to nme that fifty dollars is too much for sending only thirty or forty reports. Mr. TODHUNTER. There are about one hundred in all. " Mr. CLARKE, of Johnson. I beg leave, in this connection, to call the attention of members of the convention to this fact. We have already provided for sending, ten daily slips of these debates to each member; and I app)rehenid that the cost of the postage upon that and this, together, will amount to five hundred or six hundred (dollars. These thing,s look small in the resolutions before the convention, but the convention will find, when they add up the postage bills, that it will be an enormous saim. It is for gentlemen to consider whether they are going into this blindly or not. Personally, I have no interest in the matter, being at home here. But I call the attention of the convention to the faces. Mr. MARVIN. I desire to call the attention of the convention to some figures. I suppose there will be about'a hundred and fifty sheets of 1048 [39th Day i POSTAGE OF THE CONVENTION.'0 Thursday] GOWER-TODIIUNTER —CLARKE, of J.-EDWA RDS-YOUNG, &c. the debates yet to come, which will amount to fifteen dollars to each member, or five hundred and forty dollars for sending all the slips. It is one dollar and fifty cents to each slip; each member has ten slips, making fifteen dollars and then multiply by thirty-six, the number of! members, and we have the result, five hundred and forty dollars. Then, if snc(h shall be the number of slips, the postage will be five hundred and forty dollars. Now add to that tweuty-five dollars for the postage upon Greene's Reports, and we have five hundred and sixty-five dollars postage. We have appropriated tor the distribution of the reports of the convention, by the Secretary of State, four hundred dollars; and to our secretary for his services, indexing, distributing, &c., five hundred dollars; making on all, fourteen hundred and sixty-five dollars. Now siuppose that we should take the duty of distribuLtirng these journals from tlhe secretary, and give him two hundred dollars for indexing and superintending the printing. T en suppose we make it the duty of one man to distribute the journals of the convention, Greene's reports and the debates, say in the month of Minay, and pay him five hundred dollars. That makes seven hundred dollars; and we should save seven hundred and sixty-five dollars, according to these figures. Mr. GO%VER. That cannot be possible. MIr. TODHUNTER. It will not come to a quarter of that. Mr. CLARKE, of Johnson. These daily slips cost one cent a sheet. Mr. TODHUNTER. They would only cost half a cent itf pre-paid. Mr. CLARKE, of Johnson. The gentleman is mistaken. I have been in the habit of m,.iling the sheets of my volumes from New Yolrk, and pre-paying the postage. It would be one c ent. MNr. TODHUNTER. But the postage on the Tribune is only twenty-six cents a year. Mr. CLARKE, of Johnson. True; but that comes under a different provision of the law. Mr. EDWARDS. I move to fill the blank with thirty dollars. MNr. TODHUNTER. I accept of that. Mr. YHU.NG. That will bring him about five dollars outof pocket. The postage on the books will be thiirty-five dollars. Mr. TODHUNTER. He can send to some of the members without sending by mail. All he asks is the actual cost of the postage. The resolution was agreed to. Postage of the Convention. M~r. JOHNSTON. While upon the subject of postage, I will say that the postage account leas been sent ill from the office here, and it is five hundred and thlirty-four dollars anld thirty-eight cents. In addition to that, there is a statement for the purpos f sof seld i ngte t hem to our conrstitsents durioig the session o f the convention, to infoirm them as much as possible of our doings here. I do not kno w th at we desire to send them still. Now that we are about to adjdrurn, as it w ill b e a ttended w ith consid erable additional expense, I am willing, for one, to forego the pleasure o f havingthe s e sent; but Taem willine to wait unt il te e cote, o the voume is copleted, and then we will distribute them.as fas t as we can. It is only necessary tha t obee slip slloull be sen t to eac h member. in order tha t he may infi-m th e publisher what corrections he des ire s to have maade in the volume. I monve to dispense with th e ten slips sent to each tmember. Mcr. CLARK, of Alamakee. I should be opposed to s lIat change. We have comTmenced and received about one hundred and forty pages of these reports. So fatr as I am concerned, these have been distributed in t he district I r epresent, and in the first place t o the editors of p apers in my distr,ict. Thes e slips will be almost useless in the hands of those persons, to whom we have se nt them, unless they aoe continued, so that they can hSave the whole of th em whe n we get through, so that they shall a,be complet e. Thi s has been done at the expen se of the State. I wish to say, so fitr as I am concerned, and so far as my d istrict is co ncerned, th at if the Stat e is to o poor to pay the post age upo n these slips, I am willing, from my own pocket, to deposit money with the printer to pay the postage upon the slips I amin entitled to. Thie slips I want, and if the State will not Dajy for them, I will deposit money with the pi-inter to pay the postage myself. AMr. CLARKE, of Henry. I hope the gentleman will with dr-aw his motion. MAr. PARVIN. Our work is done; and no information we can send our constituents now will undo it. I think the object of sending them is pretty much done away with; and if we cannot receive them for less than five hundred dollaers postage, I think we ought to do without theem. I am satisfied that the reporter and pub 39t.h Dayj 1049 [3farcli 5th COMPENSATION OF OFFICERS, &C. Thursday] CLARK-PARVIN-CLARKE, of H.-CLARKE, of J.-SCOTT, &c. [March 5th lisher will get the reports as near right as is necessary; and by doing without the slips we save nearly all the expense of this postage. Mr. CLARK, of Alamakee. We shall not get the volume when bound, to distribute through the State, probably before July. They may finish the printing in May, and finish the distribution in July, which will be too late to be of much immediate value in influencing the vote of the people. But if the editors of papers get these slips, they will be provided throughout tle State with this information as fast as it can be put in type, and indeed about as fast as they can make use of it. The people, ther fore, will be posted up, upon all the principal questions which come before the convention, before the volume will be ready for distribution. I see no necessity, and no reason for changing the rule. There is just as much necessity for our taking the slips now as when the convention was in session, excepting perhaps the one sheet for each member. There was no more necessity for the nine copies to be distributed throughout the State when the convention was in session than now. One copy was intended for each memnber, to inform him what had been done during the session; but the same reason now exi-ts for sending the other nine copies to the counties which has existed during tlhe session of the convention. I am certainly opposed to cutting off this information which the people demand. I would rather, if gentlemen wish to curtail this matter, curb it in some other respects. The people can better afford to have some other matters curtailed than this, which is intended to spread the earliest information before the people of the State of what we have done in this convention. Mr. PARVIN. I am not particular about the fate of lo y motion. The publisher informs us that he supposes the expense of publishing these slips hereafter will be about four hundred dollars. I agree with the gentleman from Jones, [.Mlr. MYlarvin,] that we are paying too much. He estimates the postage to be five hundred and anl forty dollars; and if that is correct, we shall save nine hundred and forty dollars by dispensing with these slips. I leave it to members whether they will save that expense by doing without these slips. MIr. CLARKE, of Henry. So far as I am concerned, I would rather have the slips than the bound volumes. Mr. CLARK, of Alamakee. They would be of more benefit to the State. Mr. CLARKE, of Henry. And more benefit to myself; for everybody will be asking for them. Mr. CLARKE, of Johnson. - I hope that motion will not prevail. I have been sending these slips regularly to nine of my constituents, one of themn the Chief Justice, in this city, and they will expect to be supplied with the complete set; as I have assured them. th at I shou ld con tinue to send them. If these slips are cut aft, I shall have to take nine of my bound copies to furnish them. Mr. SCOTT. I hope these will not be cut off. I have sent to some of my constituents, with the statement from me, that I would send them the complete set, so that they could preserve them, and have them bound. They will expect me to keep that promise. They want to keep the file entire. The motion was not agreed to. The PRESI DENT. I am desired to say to members of the convention, that as there are some typographical and other errors in the slips already printed, and as other errors may occur hereafter, both before and after our reporter oinmences his revision of the proof, he would desire each member, before the close of' the publication, to forward to him such errors as they may be able to discover, and he will insert them under the general head of "1 Errata," to come in just before the debates. On motion, the convention took a recess until seven o'clock this evening. M The Conventi o n re -assembled at 7 P. M., and was called to order by th e P resident. Mr. JOHNSTON, from the committee on expenditures, called up the re por t with regard to n ewspapers furnished to members, which ha d been corrected, and which was accompanied by the following resolution: "Resolved, That the allowances made in the annexed statement be allowed, and that certificates of the same, signed by the president, and attested by the secretary, be delivered to the auditor of state." The resolution was agreed to. Mr. JOHNSTON reported from the same committee the following statement: Thos. J. Saunders, Secretary, 47 days, at $6 per diem, $282,00. E. N. Bates, Assistant Secretary, 47 days at $6 per diem, $282,00. S. C. Trowbridge, Sergeant-at-Arms, 47 days, at $3 per diem, $141,00. F. Thompson, Door-keeper, 47 days, at $3 per diem, $141,00. J. H. Merritt, Fireman, 47 days, at $3 per diem, $141,00. John Quaintance, Assistant Fireman, 44 days, at $3 per diem, $132,00. James Hawkins, Messenger, 47 days, at $2,50 per diem, $117,50. George Clearman, Assistant Messenger, 47 da ys, at $2,50 per diem, $117,50. [39th Day 1050 NIGHT SESSION. i Compensation of Officers. MISCELLANEOUS EXPENDITURES. Thrdy J-lSO-L~~ t~~ac t "Resolved, That John Bittman's account for translating the constitution into the German language, and printing the same, as per resolution of this convention, be audited by the state auditor, and that he be allowed for such work the same prices as are now allowed by law for simila- work to the state printer. '" Resolved, That Henry P. Scholte's account for translating the constitution into the Dutch language, and printing and distributing the same, shall be audited by the state auditor; and that he be allowed for printing the same, the same prices as are now allowed by law for similar work to the state printer. "Resolved, That the accounts of A. P. Luse & Co., for printing the debates of the convention, under contract made for such work, (see page 26 of debates,) be audited by the state auditor, on the certificates of WV. Penn Clarke, chairman of committee of printing debates. "Resolved, That the accounts of W. Blair Lord for reporting the debates of this convention, under contract made for such work, (see page 26 of debates,) be audited by the state auditor, on the c,rdificates of W. Penn Clarke, chairman of committee of printing debates." W. Conard, 2d Assistant Messenger, 47 days, at $2,5b per diem, $117,50. A. J. Kynett, Chaplain, $150,00. Also, the following reso,lution: "1Resolved, That a certificate, signed by the president, and attested by the secretary, embracing the above statement, be delivered to the auditor of state." The resolution was agreed to. Mr. JOHNSTON, from the committee on expenditures, rep,orted the following statement and resolution: Thos. J. Suunder s, for enr o ll i ng journal and constitution, $200,00. Willis Conar y, forwar di ng letters after adjournment, $30,00. Mrs. W all, for paste, $4,00. Post offic e accounts, $534,38. Wm. Grayb for enrolling constitution, $35,00. E. Sells, Secretary of State, f or books purchased under order of the conventio n, per bill filed, $740,00. E. Se lls, Secret ary of St at e, for distributing Green's reports, under resolution of the convention, $30,00. W. Blair Lord, f or superintending printings and indexing debates, $200,00. 'Resolved, That the President of the convention sign, and the secretary attest, a certificate ofthe corre ctnes s o f the foregoing accounts, to be del ivered t o t he auditor of state." Mlr. JOHNSTON. I would suggest that if it is desired to make any provision for mailing letters which may arrive after we adjourn, it should be done now, to be inserted in this account. Mr. CLARKE, of Johnson. There was an appropriation to Willis Conard for that purpose. Air. PETERS. Was not that intended to pay for his services in re-mailing? I supposed that the expense of the re-mailing was to be charged to the State. Mr. TRAER. I understood that he was to pay the postage and charge it to the state; I think that was the wording of the resolution. Mr. JOHNSRON proceeded to report the following resolutions: "Resolved, That John Teesdale, of the Iowa Republican, be allowed for thedincidental printing of this convention, the same prices as are allowed for similar work by law to the state printer, and that a bill for the same be presented to the auditor of state. " Resolved, That John Mahin's account for printing the journals and the constitution, per resolution of this convention, be audited by the state auditor, and that he be allowed for such work the same prices as are now allowed by law for similar work to the state printer. Mr. JOHNSTON. This bill of books purchased by the secretary of state does not include the constitutions of other states, Cushing's Manual, either volume of Clarke's Reports, or the first volume of Greene's Reports. I will read the statement: Forty copies Greene's Supreme Court Reports, vol. 2, - - - $200 00 "1 " " " vol. 3, 200 00 "di tmk n p iof ml " " vol. 4, 200 00 hol" " daforris's Reports, 120 00 Freight, charges, &c., 20 00 Total, -. $740 00 Mr. CLARKE, of Johnson. I have a letter from Judge Greene, of which I will read the last paragraph:, "My third volume will soon be ready to deliver, and my fourth volume is promised by the first of June next. I will send you a copy of each as soon as bound." I received this letter from Judge Greene last evening. He states that he has sent me forty copies of the second volume; but I have not yet received them. I went to the office of the express company this morning, but they had not arrived. The convention will see from this correspondence that the third volume is not ready for delivery; that the fourth volume is not expected to be ready before the first of June. I desire to present to the convention this question whether the convention is willing to take the responsibility of incurring this debt of four hundred d( llars for the third and fourth volumes of Greene's reports, which we have not received and cannot obtain until long after the c (rL (n ii 1051 39th Day] Thursday] JOHNSTON-CL.kltKE, of J.-PETEIIS-TRkBR. IM&reh 5th Jfiscellaneous Expenditures. Creene's Report8. GREENE'S REPORTS. JOrlINSTON —CLARKE, of J. —HALL-TODI-IUNTER-CLARK. tion adjourns? It seems to me to be worthy of copies in all, there will be but three hundred and consideration whether that is not cutting a little twenty copies more coming to the State. That too deep. is not an illiberal construction to put upon the MIr. JOHNSTON. I desire to say in justifica- law, that if we take eighty copies now, it will tion of the secretary of state that only leave three hundred and twenty copies coming, to the State. We have had enough Mr. CLARKE, (in his seat.) I do not blame cmig to the State. We have ad enough him at all. child's play for the last two or three days; and to test the sense of the convention, I move to Mr. JOHNSTON. Re understood the resol- lay the motion on the table. tion of the convention to cover all these supreme court reports; and upon entering into corres- Mr. CLARKE, of Johnson, called for the yeas p)ndence with Judge Green, he has learned that and nays. the second volume is ready immediately, and the The motion to lay upon the table did not re thlird and fourth volumes will be ready in a short ceive a second. time. That is the situation of the matter. I Mr. CLARK, of Alamalmee. It is very well MAr. CLARKE, of Johnson. I do not blame known that I made a motion yesterday, requirthe secretary. ie has done his duty under the ing members to surrender to the Secretary of resolution. The question is whether the con- State the volumes they have already rec ived. vention, the books not having been received, t have no feeling upon this subject whatever. will not take such action as will relieve the State That motion was voted down. The convention from this liability. The books have not been determined yesterdayv to keep these volumes. received in time for the use of this convention; The first volume of Greene's Reports has been and hence I suppose that any contract made distributed; and it seems to me that if we are with Judge Greene by virtue of the resolution, to have any of them distributed, we want the not having been carried out upon his part, may whole series. One or two volumes of Greene's be rescinded upon,urs. For the purpose of Reports, without the remainder, would be of testing the sense of the convention, I move to very little use to any one. I should be in favor strike out from this bill, the sum of four hundred of rescinding what we have done. But I would dollars, the price of the third and fourth vol- either give up what we have, or distribute the umes of the reports. rest: and I am indifferent as to which course the MNr. HALL. I hope that motion will not pre- convention shall adopt. vail. In the first place it is a fact that the leg- Mir. CLARKE, of Henry, moved to amend the islature of the State has never extended to these amendment, by providing not only for striking reports the extent of patronage that it ought to out Greene's Reports, but that the memberrs have given. They should have purchased more. who had received Clarke's Reports should reIt is notorious that these books are purchased turn them. by the State to encourage their punlication as much as for distribution; there is no doubt of Mr. CLARKE, of Johnson. I disagree with that, at all. The legislature have purchased the gentleman from Warren [Mr. Todhunter,] them, and given them to their members; and I as to the effect of this. We have not ordered think we cannot do better than to take them, t the copies e take shall come out of the and let the State pay for them. We appropriate four hunded copies ordered by the State; but the money in the same manner that it is usual we have ordered them without any reference to to appropriate it, and we put the reports into the that, so that they do not necessarily come out of hands of persons who will examine them. It is that number. a small matter, and if the convention should do Mr. TODHUNTER. I think there can be no as the legislature have done, I am tsure we should mistake about it.'We ordered the reports on not t'e taking too much from the State for the behalf of the State, and the State had agreed to services we have rendered. It is no more than order four hundred copies. It seems to me that a legislature would have done. I hope the con- the eighty copies we have ordered necessarily mention will do as they agreed, and settle the came out of the four hundred. When the State matter. shall have ordered three hundred and twenty r. CLARKE, of Johnson. Under te law copies more, it will have fulfilled its agreement now in force, the State will take four hundred to order four hundred copies. I do not see how copies of this report; and if we admit this bi'l, there can be any other construction given to the we shallbe taking forty copies in addition to their law. four hundred copies. If we were to take them Mr. CLARKE, of Johnson. Then why is this out of the four hundred copies which the State bill presented? has agreed to take, I should not have so much Mr. TODHUNTER. As a matter of course objection to it; but we are taking forty copies when the books are sent the bill must be paid. more,at a time when they can be of no practical When the rest are sent, of course the bill will service to us as members of this convention. come with them. If he should send four hund Mr. TODFUNTER. I understand the law of red in addition to these, the secretary will say the legislature, that the State shall take four to him that the State has already received and hundred copies, to be in force. I understand paid for eighty copies, and he has no authority that if we take twentycopies of each volume,eighty to pay for any inore than four hundred in all. 1052 [39th Day .[March 5th Tliursday] GREENE'S REPORTS. Thursday] CLARKE, of J. —TODHUNTER-JOINSTON —TRAER-CLARK-IIARRIS. [March 5th and conclude not to take any, the whole four hundred remain with the State. That is all there is of that matter. It certainly does not add forty volumes to the four hundred. The State is bound to take no more than what they have passed a law to take. We take our copies from those four hundred, if we take them at all. The fact that the Secretary of State has ordered them, and that they have been charged to the State, does not alter the case. It Mr. Greene should send the whole four hundred, he would then have a demand against the State for them all. It is wholly immaterial whether we take them or not, so far as the payment for them is concerned. iMr. CLARKE, of Johnson. After the ungenerous remarks of the gentleman from Benton, [Mr. Traer] I hope I may be permitted to make a single statement. I was well aware that we were all, in endeavoring to discharge our duties here, liable to receive some hard knocks; but I did not expect the imputation implied in the remarks of that gentleman. The fact is well known that when the subject first came up, I moved and voted to lay it upon the table; but I found that that vote was subjecting me to imputations; for it was thought that my object might be to defeat the resolution, in order to compel members to buy my reports from me. When the subject came up on its final passage, I asked to be excused from voting, and was excused by the convention. So far from my having been instrumental in inducing the convention to take my reports, or being influenced by that consideration in relation to Judge Greene's, I wish to repeat that this convention has never taken a report from me. It has taken them from the State. The consequence has been that the lawyers of this convention, being supplied by the State, have not been compelled to buy of me; and I have been injured instead of being benefitted by the passage of that resolution. I do not object to paying for the second volume of Greene's Reports, although we have not yet received them. But I do object to our taki ng volumes thiree" and four, which are:not yet ready for delivery, and the let of which are not promised before the first of June. I ask gentlemen here to have some regard to propriety. It is true that four hundred dollars is not a very large sum for the State to pay; but I apprehend that when the people come to look at the expenses of this convention they will be thunderstruck. They will be much greater than we anticipate ourselves. It is rather in this view, and not with any wish to injure Judge Greene, nor from any mercenary purpose, that I have deemed it to be my duty to make the motion; and by that motion XI am willing to abide. Mr. HARRIS. If the matter was clear that the State would not be under the necessity of taking these volumes, if we should refuse to order them, I should certainly vote in favor of the gentleman's motion. But I understand that the probability is that the only effect of agreeing to it would be to stock so many more volumes Mr. JOHNSTON. I wa s op posed to the re solution which was offered in the convention with reg ard to these redorts; but there is one question which the convention ought to consider before thev vo te; an ththat is the question how far we have made a contract with Judge Greene upon this subject. It appears that under a resolution adopted here, the Secretary of State wrote to Judge Greene to inform him that a resolution of that kind had pass ed, and desired to know how soon he could furnish the volumes, and at what prices. Judge Greene replied that the second volume could be furnished immediately, and the third and fourth volumes in a very short time. In accordance with that, he has forwarded the second volume of the reports, and they are now on their way. The convention ought to consider whether, under the circumstances, we are not bound to receive these volilmes. They all stand in the same light. The Secretary wrote to him that we had resolved to take them-to take all of them. That is the situation of the matter. Mr. TRAER. It appears to me that striking these items out of the bill of the Secretary of State will not accomplish the object. We have passed a resolution furnishing these reports to the members of the convention, and that will still be in force, if this amendment should prevail. The only effect will be to prevent the Secretary of State from paying for them after we have received them. They will have to be paid for. It is rather amusing to see the fight here among the frimnds of the resolution. It will be remembered that I opposed the resolution, and that the gentleman from Johnson [Mr. Clarke], got rather excited about it. Mr. CLARKE, of Johnson, (in his seat.) I voted with the gentleman against the resolution. Mr. TRAER. I was about to say that it seemed a little singular that after the resolution has been passed, and certain gentlemen have had their own reports distributed here, they should then come forward and ask us to strike out the rest of the reports. Mr. CLARK, of Alamakee. Our resolution here has nothing to do with this contract of the State with Mr. Greene, or the laws passed by the legislatuTe. If I mistake not, there has been a provision that the legislature shall take four hundred copies of each volume of the reports, for which he is to be allowed five dollars per volume. If we vote to take forty copies of the reports, it is only saying that we will take forty copies out of the four hundred, of each of these two volumes. The rest of the volumes remain with the State. If we rescind our resolution, 133 39th Day] 1053 .,Ilr. CLARKE, of Johnson. These are not furnished under that law. Alr. TODHUNTER. The law only requires the State to take so manv copies; and although we may not refer to the law in ordering them, yet it is in fact a partial fulfillment of the law. ADOPTION OF THE CONSTITUTION. ThlLtrsday] TRAEP.-EDWARDS-JOHNSTON —G.IAY —CLARKE, of J.-GILLIASPY. [Mlarch 5th upon the shelves of the State library. I gather lingsworth, Marvin, Peers, Price, Scott, Seely, that intformation not only from what has been S.)oi(mon, Todhtinter and Wa.rren. said here, but from the correspondence of the Mr. JOHINSTON, when his name was called, Secretary of State with Judge Greene. And I asked to be excused from voting, inasmuch as, think thait 1 am not doing inju3tice to the See- although originally opposed to )rocurii,g the re retary of State, nor to anybody else. when I say poirts, he entertained some doubt as to whether that my information is that the Secretary of the arrangement with Judge Greene ought not State himself entertains that opini on. I do not to be caried out; butnotbeing excused voted think it will be any iijury to the people of the " aye.I" State to have these volumes circulated after The niotion to strike out was rejected. they have been purchased by the State; and I look upon this as one of the best means of mnak- The resolutions reported by the committee ing them public. The sale of them is not,uffi- were severally agreed to. cient to justify their publication upon the part of the reporters; and hence, in order that they Cosiuion. nmay be published, the State takes a certain specified number, which it seeks to distribute in the best manner possible. If l understood that these Mr. GRAY. In behalf of the committee to volumes were to be considered as additional to which the constitution was referred for critical the four hundred, so as to swell the expense of examination, I will report that some of the lemthe Sate, I should be in favor of the motion; hers of the committee have bestowed all the but I understand that the contrary is the fact, time allowed themo in reading it over; but it that Judge Greene is entitled to have the State being somewhat voluminous it is impossible to take them at any rate; so that the only practi- vouch for its entire atcuracy in all the articles. cal effect of the gentleman's motion will be to We have made some verbal corrections which I place so many more copies upon the libira-ian's will read. The amendments were read and agreed to. Upon the final adoption of the constitution as a whole Mr. GRAY called for the yeas and nays, which were ordered. The question being, taken, by yeas and nays, the result was-yeas 2.5, nays 7, as follows: Yeas-The President, lMessrs. Bunker, Clark of Alamnakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gillaspy, Gower, Gray, Hollingsworth, Johnston, Marvin, Parvin, Patterson, Price, Scott, Seely, Skif, Todhunter,, Trer, Varrenl, Wilson, Winchester and Young. Nays-,-essrs. Ayres, Emerson, Gibson, Hall, Harris, Peters and Solomon. Mr. TRAER. In justice to the gent leman from Johnson, [Mr. Clarke,] I will say that I am sorry that I misrepresented him. I said what I did under the impression that he was one of those who pitc hed i nto me rtather roughlly in that former debate. I believe he was not one of them, and I will take it all back. But there is one thing I wish to reply to. The gentleman has spoken of the expense of this convention. If we had our reports all published, I think I could show that the gentleman has voted in favor of the greatest expense in every case which has arisen since we have been in session. He will recollect that when I moved t o re-consider the vote by whic h three thousand copies of the debates had been ordered to be printed, th at gentleman made more noise about it than any other gentleman ili the convention. And I think he has voted every t ime, until toiTght, for the greatest expense, perhaps with the single exception of cutting down the per diem of th e s ecr etary; but now he comes in here, at this late hour, to economaise by a plan which 1 understand will get the secretary into a difficulty. Milr. EDWARDS mo ved the prev iou s que stion, and it was sustsained. The question being taken upon striking out, by yeas and nays, it was not agreed to; yeas 14, nays 17, as follows: Yeas-The President, Messrs. Bunker, Clark of Altamakee, Clarke of Johnson,Gillaspy,Gower, Gray, Johnston, Parvin, Patterson, Skiff, Traer, Wilson and Young. Nays —lessrs. Ayres, Clarke of Henry, Edwards, Ells, Emerson, Gibson, Hall, Harris, Hol Mr. CLARKE, of Johnson, when his name was called, said: Before giving my vote upon this question, I desire to say that, as the records of this convention will show, there are several art i c les embodied i! this constitution which do A,ot meet my appirobat:ion, which I believe to be wrong, and which I fear will result in evil to the people. On the other hand there are many articles in theconst;:i: which meet mny warmest approbation, aun:l mu,hch I think, if it becomes the fundamental law of the land, will secure better than our present constitution, the irndividual rights of the people. I shall, therefore, vote for the passaged of the constitution, reserving to myself the right to determine, upon mature reflection, as to my vote at the polls. Mr. GILLASPY, when his natmne was called, sails: I have not asked to be excus d from voting since I have been a member of this conventioni; n either do I ask now to be excused. But f desire to say that there are many articles of this constitution which I have voted against, and to which I am opposed. I have not yet made up my mind whether to vote at the polls tor the 1054 [39tb Day. 19 ENROLLING CLERK, &C. Thlursday] JOIINlSTON-PATTERSON-Cl,ARKE, of I.-MIARVIN-HALL, &C. constitution or not. There are some new provisions iii it which I think are very good, which the l)eople demand and wish to adopt. Reservirg t,)o miyself the rightto vote as I think proper at the polls, I now vote-aye. Sir. J 0 6q TONI when hi,s name was called7 said: There are many things in this constitution which L do not like; but there are many thitigs which I do like, and I think the g,odt gr,atly preponderates over the evil. I voteaye. elsewhere that that vote will be repeated at the polls. I shaill then ac-t in - different capacity from that in which I act here, and the principles which govern my vote at this time, will not govertn my vote then. The PRESIDENT declared the revised consti. .vr. PATTERSON, when his name was called, said: I aiti very much in the same situation with sonle (!f mry friends. As [ stated this af ternoori, I have to-day signed a protest against a part of this constitution, and there are otherportions agaitlst which I have recorded my vote. Reserving to nmyself, (a,s of course we all have the privilege of doitg.) the right to decide hereafter as to my vote,It the polls, I will now, more particularly in behalf of at portion of my constituents, vote-aye. M.Ir. W.INCHIESTER'S name being called, hiis vote was recorded in favor of the constitution, at the request of Mr. Edw.irds, in his behalf. Mr. JOHNSTON. Iunder s ta nd that the en. rolling clerk, whom w e hve employedl, after Mhaving f performed a portion of his ltbors, f inds that is necessariy for him to go all over it agein o)ni account of the verbal changes made by the: committee this evening. He ha,s been allowed, under'a ies,lulttion rep)o-)rted by me, the sum of twenty-five dollars, which, for the work he has to perform, is a low sum. I now ask the gelrt eral consent of the convention, without reconsidering the vote upon the resolution granting compensation to our clerk, tha~t ten dollars be -Idded to the amount on account of the work that he has to do over again. No objection being made the order was agreed to. MIr. CLARKE, of He-nryv, the calling of the roll having been comnpleted, said: Before the Presi dent declares the vote, I wish to put myself right upon the record with regard to my vote upoi, the constituttion. It is well known that there are many thirngs in this constitution which d,. n,)t meet my views at all. I do not like the article on school lands atid the school fund, arid there are,ther thintgs I do not like at all. I d. ca not like that word white" at all. I waT.t no such distinction. But inasmnch 5.s the co n ve n tion h.ave alliowed me to submit to the people the question u3pou the right of suffrage as a sepaarate qu, stion, I am tole'tt)bly well satisfied witiL it. But while I d, n)t like the whole of the constitution, we h,ave made some very great ight provetnents in our bill of' rigrhts, and in some otherportiIns of lhe constito,tion, which metet my,approbation. As a whole, I coni cluded t( vote for it here; but I shall reserve the ritght. and, as the gentlem'mri fr,)..n NMarion, [MIr. Gib s(on,] bas sid in defit:-g is own position) upon another questioo, I -.::.' embe, s. and espe. etfly the gentlemln fromi {:Clayton, [Mr. Scott,' "distiinctly to erstm" th,'t vhen 1 com- to the polls, I shall vote jull'9 I 1have a mind to. Mr. CLARKE, of Henry. Ther e will be anr yc umalrtion wof mail.d mttter here inv th e tost-e ,,effle, after we shall have t hdjourbed, twhich anust be provided for in sonme way, or thos e Semio lers who (expect letters to oarrive here afted we adjo urn will be obligei to le ave money, or lntke some ot her arre,neemegrts to herave them forwarded to theRn a t their homes. It seemls to ,Mte that it would b e not alen rg as mo re then Jight that we should nakel some provision to forward this matter to members:it their plaices of resilence. I thee re fore mo)ve thhm t tlle conitittee on expenditures be instructed to re bort a. peovsiion to defrtay the expense r t t he, post-office. I do dnot think'he resolution we stcli)pted, atpointing our paper foilder to forward thix mnatter to us, :ncludes the item of expense, for which I think wve ought to maiftke an a,ppropriation. M r. JO:1)HNS'O'~;. That depends entirely up-. on the construction put upon the resolution in regardto the piper folder, -whether we intend ,lie thirty dollars merely to pay him for his trouible, or that he must pay the necessary post, aige also with that money. Mir. CLARKE, of Itenry. If the resolution could be so amended ats to require the boy to forward us only our letters, the amount we have ngreed to give him might be sufficient to pay the postage, but not otherwise. The PRESIDENT. It can be so amended if it be the pleasure of the convention. Mr. SCOTT. It seems to me that if this mes se'ager, or paper folder or ours,is expected to ptay Mr. iIA,RVIN. I presumfe w.[ we would ali like to tell wther ein we do not;aind wherein we du like the new constitution; but I would suggest that the vote be intiiounced, dtn our businessfinislied, and afterw-tards memtbers can hold a class-meeting and tell all about it. MIr. IIALL. The result of the voting for the last two days will show that I haive voted for every article of the constitution but two. I have recorde(l my vote against the constitution becau s e I think that these two,trticles contain errors whichi I cannot sanction even when mixed with the g(-)oo] contained in the other articles. 1 do not wish that it should be understood here cr 39th Day] 1055 [Mrch 5th tution adopted by the convention. [The old and the new constitutions will be found published in parallel coltimns, at the close of these debates.] Eizrolling Clerk-. Postage on ftzture Mail Jfatter. PERSONAL AND GENERAL EXPLANATIONS. [39th Day. SKIFF-TRaER-IIALL-CLARKE, of II. the postage and to forward our mail matter to us, he will be very scantily paid with the thirty dollars we have appropriated to him. Our pa pers should be forwarded to us, as well as our letters, and according to the experience of our legislature, our mail matter may continue to arrive here for three or four weeks after our ad journment. It will be necessary for the boy to beat the post-office at the coming in of every mail. And if he is to purchase stamps with this thirty dollars, he will have but little left to pay him for his services. Now I think that if we exercise liberality at all, it should be in this ease. I think it would be about right to let the boy have the thirty dollars for his trouble, and have the postage charged to the state. Otherwise the boy will get but little. It might be, and I think it highly probable that it will be, that the postage would exceed the amount we have appropriated. I hope it will be so arranged that we will get our papers as well as our letters. Mr. SKIFF. I move that the resolution be so amended as to allow the thirty dollars to the messenger for his services, and that the postage be charged to the state. I do this in order to test the sense of this convention. Mr. TRAER. I hope it will be understood that our papers, for which we have paid, will be forwarded to us. I do not speak of this matter, because I feel injured by it. I have lived too long, and am too well known, to be affected by these contemptible allusions. What little character and reputation I now have, I expect by an honorable course of conduct to retain during the remainder of my life. I hope that those whose good opinion is worth anything, will overlook my follies and faults and forgive them, and if they remember them, that they will recollect that "to err is human, but to forgive is divine." These allusions will never deter me from ex posing wrong, whenever and wherever it is manifested, nor shall it answer as a plea in abatement for those who are guilty. If there is no other argument to be opposed to me, then f feel certain that my cause is safe. When I have charged that this convention have given the con trol of this government to a minority of the people of this state, my indictment is complete and when I have proven it, my case is made out. If for the convention to do this is not wrong, then am I guilty of false clamor. But if the majority of the people have an inhierent right to control the government, then to that extent has wrong been done by the schedule that has been adopted. These miserable and futile slanders do not affect me, or the truthfulness of the charge I have made. I do not refer to them as a matter of grievance, but merely because I now have an opportunity to place upon record in the debates of this convention, the assertion, which I now make for the first and last time, that the imputation that has bewa thrown out against my conduct in that matter, is a base falsehood. The slang that has been used here about me, is only that kind of slang that would be used by no gentleman. Mr, CLALKE, of Henry. I must say that I very much regret that this discussion should have sprung up here, just as we are about, separating, and when we should entertain toward each other the kindliest and friendliest of feelings. I regret very much that the gentleman from Des Mloines [MNr. Hall] was not present during all of the discussion that took place to-day, and did not hear the remarks that were made. And I regret more that any one should have gone to that gentleman, and given him an exaggerated statement of the remarks that were made here. The gentlemen who stood up here as the chatmpion of the gentleman from Des Moinies Mr. HALL. I rise toa matter personal to myself. of an exceedingly unpleasant nature to me. But on more th:n one occasion since this convention has been in session, certain members have seen proper to allude to that old, stale slander in relation to the Mormon poll books. Now, sir, if those members are satisfied that these allusions have strengthened their arguments, added dignity to the deliberations of this convention, or increased their own personal reputation, I would be the last pers,on in the world to object to them. And allow me to say here, that this is the first time during the considerable number of years that this report has been circulated about me, that I have ever deigned a notice of it. That story heretofore has always been confined to the pot-house and the purlieus of the blackguard during the time of an excited election. This is the first time under any circumstances, that persons occupying the position of gentlemen, have ever alluded to it in my presence. But inas- much as certain persons have seemed to find aw, pleasure in alluding to that old, vile slander, I must say that so fair as it touches my conduct as an honorable man, or imputes to nme dishonor or wrong-doing, it is as false as the heart that utters it. Those who desire can know —and those who do not, should not speak-that my connection with the matter was entirely involuntary; that it was in consequence of the base act of another; that my conduct in thatrnia,tter was not I 1056 Thursday] [March 5th subjected, even by my worst enemies at the time, to any severityofcensure. I have never felt myself in the remotest degree, any consciousiiess of having been guilty of even an irapropriety of conduct. Now,. why, when these our debates were to be handed down to posterity shouldgentlemen,-no, I cannots,,ty gentlemen, bilt-why should persons have dragged in this base slandere here, if Dot from some base malignant motive? I do Dot linOW of any other nctotive,-there can be no other motive. The resolution was amended accordingly. Personal and General Explanation,?. i 89th Day.] PERSONAL AND GENERAL EXPLANATIONS. Thursday] CLARKE, of H. [Marbch 5th the worthy gentleman from Appanoose [Mr. Harris]-undertook to give a construction to the language of the gentleman from Jefferson [Mr. Wilson] which was not intended by that gentleman, and which could not have been properly given by any person to the remarks which he made here. Because the gentleman from Jefferson [MIr. Wilson] sa; fit to speak in regard to the language of gentlemen used in this protest, and which be considered as very obnoxious, and as carrying with it the charge of political dishonesty toward the whole body of republicans here, because he made the remark that this charge came with ill grace from gentlemen whose past history was most connected with political transactions in this state, with which this would bear comparison without danger-because he said this, or something to that effect, the gentleman from Appanoose [M.Ir. Harris] took it upon himself to say tnat the gentleman from Jefferson meant "polt-books." The gentleman from Jefferson did not say "poll-books"at all, did not utter the word. It was the gentleman from Appanoose who first used it; and that gentleman and myself are the only persons here, who have uttered those words upon this floor, so far as I know. I suppose; from the remarks of the gentleman from Des Moines [Mr. Hall], from his using the plural, "persons," that he intended that I should come in for a portion of the lecture he has read this convention this evening. Yet, certainly, from the manner in which I used those words, the gentleman could not appropriate them to himself. That gentleman, in a discussion here, took occasion to refer to my being a candidate, in language, which at the time I thought was directly personal and severe. He said that one good reason why I would not be a candidate in our district, was that I was too well known there; and that I would, therefore, prefer to be a candidate in the state at large, where I was not so well known. I replied to the gentleman, that he need have no fear at all of my being his opponent; that I was one of those persons, who, however well they might run, were always unfortunate at the end of the race; and that if I ever did enter the political field again, I should hope that some one would look after the poll-books. because the cle rk of the boa rd of canvassers had not affixed his signat ure to the m, o r some such cause as that. I, therefore, had very good reason to say that if I was again a candidate, I trusted there would be some one to look after the poll-books. I am not one of those who like to go into the past to rake up these matters that ought to sleep 1' the sleep that knows no waking." I 'am not one of those w7ho like to wake up any old charges of corruption, who lilie to refer back to the political history of any man for such purposes. I believe that may course upon this floor has been governed by regard for principle. I believe a majority of the miemnbers will bear me out in saving, that I have stood up here for principle, when I knew that by so doing I rendered myself personally obnoxious to those who were acting with me politically. I do not wish to appeal to political party prejudices and feelings. I think such a course here is altogether wrong. I think that vwhen gentlemen brought in this protest here, they acted wrongly. I know that some of them were honest inl protesting against this schedule, because they perhaps thought a wrong had been done them by it. But I think it was because they were ignorant in regard to the subject; they had not looked into it far enough to understand all its bearings; and they came in here and made some intemperate remarks in relation to it, which should perhaps have been allowed to pass without notice. But let them have their protest, because the protest and their own acts stultify each other. Now, let us examine this matter a moment, as all this has grown out of it. When I stood up here some time ago, and took the position that, as far as I was concerned, I should go against puotting any person out of office, unless he was necessarily put out by the operation of this constitution, in doing away with his office, or in some such way, the gentleman fro m Des Moines [TaIr. Hall] and ot, ers of his part y, a t once attacked my position, which was discussed at some length here. What Dlid they say then? Why, that we must allow the people to send up officer s here, fresh fr om their midst, where all the s e question s had be en f ully dis cussed when they were u p as candidat s to represent them. And when we considered the article upon th e legislative department, as we pa ssed over that article, section by section, they joined right in with us here, and their votes will show it, and said that the first le gislature under this constitution should d o-what? Tha t that legislature should re-district the State, and apportion it upon a certain basis. Now, if the first legislature are to do that under this constitution, I ask gentle men if we h ad p rovided for a new legislature, without Saying in this schedule anything about the apportionment, upon what basis would they have been elected? They could not have been elected upon the apportionment fixed by this constitution, for we had not districted the State, but bad distinctly and positively pro T ha t is what I said. Now, let me tell the gentleman what I meant by it. I will go with him into Jasper county, and show him where, when I was a candidate at a late election, the poll-books of two of the townships were rejected. I afterward went to the office of the county clerk, and to the office of the county judge. and found no poll-books there, though the law required that a copy of them should be kept on file there. The clerk said both of them had been taken upon a summons of the county judge, and could never afterward be found. I went into the western part of the State and obtained evidence that the poll-books of many townships where I had received najorities, were rejected 1057 PEPtSONAL AND GENERAL EXPLANATIONS. CLARKLE, of II. L[March 5th i has neither ace, fice nor trump, and therefore is | in for a new deal. Ttiey have got their slltes tandl pencils and figured up, tuid find that they thave not a good hand, and so they go in for a new deal-are for turning everybody out of office, so that they may have another chance. Now, so far as I am concerne(-d, I would just as lief they should have the cLhaince. But I would say to the gentlemen, if you were the irns arnd thad the offices now, would you think it fair, atteryon h:d been thiough with all theexpense and labor of the election, and had just got into office, would you think it fuit for a set of men to come up here und fraime a constitution to turn you all out of office, heels over ijead? Would you think thn tat right o cnd j ust? I have stood up he re bjut tlingl foir the rights of a small class, and asking that ju stice sh,uld be do ne th em. If I knew that there was but one colored man in the state, an d o loat not another on ue o uld come into it, I would atlgue aid vote just as strongly ag.aitist this word a white" in the constitution, is I d o now. And so it is in this c a se. It is not rihv t to turn these officers out, wheter Republicgins o r Democrats,, few or many; it is not right at all. Alr. EDWARDS. If the gentle man will give way, I should like to introdue a resolution. Mr. CLARKE, of Henry. That depends very much upon whitat, it is. [After a pause the gentlem:-,n (continued.] There is another thing to be con side red. We have established at new basis of oapportiodrienot in this constitution. I have condeop ned that basis all along. I have shown wlh re I thiourrht it was uaitust in i;as operation. Gentletinem say in regair, to the aif)p(p,tionnent establis-hed by the General Assemibly-thotigh I do not knrow how it is-tha,tt it ost,;',cises at lIree portion of the inhab)itatnts of this S,Iate, and a-'.lows them no represe ntation. Now if thret is so. if the General Assembly h.ave gerryma-tidered the,'tate with a view solely to secure a republican,t-l jority in tlhe legislature, then they h,'ve done wrong, and should be condemned by every h(onest mattn. Whether that is so or not, I do not k now. No)w I ha,-ve got up here and opposed the apportiontmellt in the cl,nstitution all adlon,, a,I3d -Iihown where it is wrong. It the ratio of represent:.,tion is fixed.;t ten tlhousatn,lI, it allows five thousa-nd men the same represent'ttion that it gies to fourteen thousand nine hut dre(I and inet y-line. Now that is a11 wrong; and yet ,gentlemien upon the other side let it be ph)tce(I here. Why? I will tell you why I think they ,lid so. Because these amiatble gentlemen, who have come in here with this protest, have got tileir sl~tes a-nd peencils, and figured the thing up, rand ha;ve fbud out that tbey can tnake tie u-Iost unlder this constitutional plar, of apportionmzen;, and, thereft, re, they sa1y it,s right. Why is it right? Because thley can make the most u~nder i'; that is a'11. Well, all I can sa~y to them, is, tha~t if thley have not got it now, thety will h1ave it bye and bye. If they walit a little, vided that the first legislature under this constit ht won should do that. It is astonihhitg to me that gentlemen can so stultity themselves, as t o )r ing in stch a protes t h ere, anid put ttnelve upon them reokrd as chear,gi og t he Rep c tublic tn part y w ith having done this for the purpose of obtaining political power. Why the Ri-public.arns are in power now; they have both brntlces of the legisl!tu,e, and tlhey could have one on with that legisl-;tu'e an,d enacted laws under this constitution, and put it in operation, as they pleased. Yet those g,enitleme~n now get up hTre and sa,y they will stand by me and not have any of those officers puit out. Why did they not do so a while since, whor there was enotugh of our party to act. with them to have carried that plaIn through, and not have removed a single officer in the state, ex(ept such as were necessarily turned out by the operation of this constitution? Why did they not see Git to stand by me then? Th:;t was my position, and I have acted consistently upon i;t. When it was generally understood that the general assembly should be turned out, on:,Ccount of the grett clamor here, we had to provide for their election, either upon the basis of apportionment already est.tl)lished by law, or else review )our whole action upon the article upon;hie legislative departmuent, and re-district the state by constitutional provisions, in order to elect theiu upon the basis of apportioTgrnent established here. Tie momrnent the committee on the secedule coucludled to act uponrl the idea so eloquently urg,ed here by the gentlemat f;om Des,;,ines, and provide tfo r the election of at new lelista.tu:-e, they %were, per force, obliged to proviei fnr their election accordinrg to the basisi vf, pportionment already established b e law. N ow I do no t b lieve that appor tionment is wIat it is cl ti med t o b)e upon the other sidle. I d o not know he ure o the a tures of that a,pportiorinoient. Ail I kor is t ha o it is s aw of the state,, and h;tut we are not sitting here to repeal lraws. We must either proceed to district the stnte in this convenltion,. s it here f or pterha,ps a week loenger disctssing the question in reth;old to a,ppoirtio-nimnoit and districtilg the st,ate a question the acost difficnl t inda con a prlexe that could be s)rung arn)t, us-,ve tntl m t eit h er d[o that, or take toe leg;t app4)rtionitient alreatdy in existence. Gentlemoat see this n ow, when they come to look at it. Then why come in here and ibmpeg. the motives of those who have acted in this mattei? I know tlhat gentlemen do not impugni my mnotives, for I ha->ve uge(d all a0lon th,tt the legislature shouldI not be turned out, th:[t all our officers should serve out the term for which they were elected. Theyr cannot, thereftore, ctharg,e me with having done wrong in this matter. Neither should they so charge those who have acted upon a ditterent idea. Now this is all t he trouble about it; let us own ri,lgt up to it. Gentlemen are in the condition of a mnul who is platyinig high, low, jack;and the game, and looks in his hand and see, thatt he I 1058 [39th Day. Thuri,day] 39th Dayj PERSONAL AND GENERAL EXPLANATIONS. Thrdy CLREo I.Lae t the waTcgont will come along soon, and then they whigs," were also republicans, and favorable to can all take a ride. the election of lr. I-lHarlan! We must take the apportionment as already le knows better than to put up such a claim. es'atilished by law, or else proceed to re-dis rict He knows that somne ofthose whig senators were the State, under the apportionment established "silver gray wvhigs," after the most inoderun'chere. Now I do not believe tha.-t the committee cepltation of that term,-" to drink bad whisky on the schedule, or the republican party in this a,d vote the demnocratic ticket." fie knows tlhat convention, have been operated upon by any with the vote of Mlr. Bryan, who was kept in the partizan policy at all in this matter. Now I d(lo seat of a good republican-Mr. Jordan-for that not believethat other membersof the republican purpose, enough of these modern whigs acted party-I know it is so with the gentleman right with these modern democrats, to give them a around mne here-are virtually working here for nmajority. Then why this attempt to hold the party purposes, and party effect. These gentle- republican party responsible for the failure to men around me here, I know are just as iglnle- sooner elect, and for the disgraceful attempt to rant of this apportionment as I am. We must defeat an election, by dissolving the joint congo to work and re.district the State, or take thle vention, thiough a corrupt conspiracy between system already established; they have con- these modern whigs and democrats, to adjourn eluded, therefore, to take the one already in ex- the senate over the time fixed for the next meetistelice. ing of the convention? There is no use, Mr. President, for democrats Now in regard to the history of the two par- to attempt.to excuse, palliate, or disguise this ties here. I do not believe in getting into such matter. The more it is stirred, e more it will ,,. ~.. ~matter. The mor-e it is stirred, ttie mor)e it will questions here at all. 1 do not believe in going offend. Arid I scarcely know which I am the back and ferreting out wlat particular men of most astonished-l at, the temerity, or the folly, of either party have done, or for what purpose the gentleman from Aplanoose. There were were any of their past deeds. I siould dislike too many witnesses of the transaction, for prevery much to go back with the gentleman from varicatio or misrepresentation to meet with J effei-, son, (r any other genltlemnan here, in vfricatioii or misrepresentation to meet with Jefferson, or any other getntlean here, in success. I myself was present in these halls on regard to the transactions, and history of the that occasion. And I well recollect that on the democratic party, in reference to gerrymander- evening of' the fourth of January-I think it was ing of this kind, for fear I might hurt my friend -a caucus of the republicans was,eld, and it Alamakee, [M.r. Clark,] or my friiend from was universally public the next morning, that MuscatinP, [lr. Parvin,] and a number of my the republicans and a part of the whig vote of other friends over the way, who were whilom the house would be concentrated upon Mr. Hargood democrats, but are now acting with the re- lan, and would ensure his election. I eard the pubicai prty Itis athr adelcat sujec, Ian, and would ensure his election. I heard the publican party. It is rather a delicate subject, matter talked over in the streets early that and I would not advise gentlemen to go back mornitng; and when I cameinto this hall, a demvery far into the history of the past, for some oc-ratic officer of the senate said to me, " What how or other, we are all mixed up together wonldyourfolks doifthesenateshouldrefuseto there. go into convention this morning?" The question But there is one thing, which has been the startled me. It led me to suspect, what was in topic of discussion here, and to which I should fact the case, that a conspiratcy was on foot to not recur, had not the gentleman from Appa- defeat an election. I immediately left the hall noose [Mr. Harris,] given to the transaction an to cotnsult with some friiends, and as I r turned incorrect history, and a false coloring. And even I met the democratic senators with their presiwith this history, and this coloring, I would dent-the gentleman who has recently been suffer it to be buried in the dead past, had not nominated as superintendent of public instructhat gentleman further assured us that a high tion-leaving this chamber anid rushing down sanction had recently been given to that trans- stairs as though they were fearful that a moaction by the Senate of the United States. Of menrit's delay might place them in the reach of course he means the democratic portion of that the sergeant-at-aims. When 1 came in here, I Senate. I refer, sir, to the election of Senator found the republican senators astonished and Harlan, in January, 1855. It is true, as the indignant at this premeditated and contemptible gentleman says, that the two Houses met in trick. By a strict party vote these mi dern convention a number of times, and ballotted whigs and democrats had adjourned the senate without success. And the gentleman attaches over the time of the meeting of the joint conblame to the republicans for not having elected ventioni, and had rushed, like guilty culprits, duriting these ballotiugs. He says the democrats t from the capitol. got tired of these fruitless attempts. That the I would only add, that at the hour to which party electing MIr. Harlan were in a majority in the joint convention stood adjourned, ta call was both Houses! made-some democrats answered and participa It is true that in the other House there was a e,teblnewr xue. Adafl u It is true that in the other House there was ai republican majority. But in the Senate it was otherwise. The gentleman would not certainly claim that all those who occupied seats in this chamber, and who claimed to be "silver gray 1059 CLAI,',KE. of 1-1. Lltlarch 5th TliLursday] the T-c,,oti will come alon, soon, and then they cati all tal&e a r,.de. PERSONAL AND GENERAL EXPLANATIONS. [39th Day Thrdy SIFWLO-JOISO.[~ac t the question of the permanent location of the State Capitol and the State University at this time, the gentleman from Johnson [Mr. Clarke], in speaking of the different asylums and their locations in this State, stated that the commis sioners, who had located the insane asylum at Mt. Pleasant, had done so in violation of law. I do not mean that he had said that the location was made in violation of law, but that they had exceeded their powers, and thus acted il, viola tion of law. I do not suppose that the gentle man from Johnson [Mr. Clarke] intended to reflect personally upon the conduct of those commissioners. I would not at this time notice the matter, because I liave heard something of the kind betfore, unless it had gone irrevocably upon the debates of this convention. But being one of those commissioners myself, I think it is not proper for me to sit here and listen to this, without endeavoring to let this convention, and the world through our debates, know the truth about this matter. I think it is due to myself, and to my colleagues-one of whom is now the Governor of this State, and another (Doctor Clarke) is a constituent of the gentleman from Henry, [Mr. Clarke]-and it is important, too, that the people of lhis State should know something about this matter. And although it is not kindred to any report that has been before this convention, I think it is as much so, and will be as agreeable to members of this convention, as what we have already heard here this evening. In the winter of 1854 and 1855, the legislature of this State made an appropriation of fifty thousand dollars to commence the building of an insane asylum. The limitation was fixed at fifty thousand dollars, but a mere commencement of the building was contemplated. The Governor of the State, Doctor Clarke, and myself, were appointed commissioners; and in accordance with the direction of the legislature, we proceeded to the East for the purpose of exam~ning other institutions of a similar krind through the States. We found that the legislature had had verylittle idea of what was actually needed for such an institution, and indeed we ourselves had no idea of the magnitude of the subject. Having consulted the most eminent authorities in relation to that matteramong others, Doctor Kirkbright, of Philadelphia, and Doctor Bell, of Boston-we were advised by them not to attempt to erect any buildi ng for fifty thousand dollars. They told us further, that it was impossible to erect a proper building of this kind, unless it was erected as a whole —as an entirety. I I J r t 1 S 0 t y friends now abtsenut. I speak o it because This was in the spring of 1855. Prior to that t is important that the truth should appear in time the commissioners had received letters he debates of this convention. I do so the from every part of the State. We heard that more cheerfully because there is nothing in the there were human beings in this State howling aatter of a personal or unkind nature, and, A matter of a personal or unkind nature, and, and gnashing their teeth in all the ungovernable herefore, I hope the convention will listen pa- phrenzy of madness and insanity. That there [ently to the few words I have to say. ently to the few words I have to sa. were chained by the legs in out-houses, and The other day, when we had presented to us otherwise disposed of, in the most miserable con i t t 8 t t t a p v i b 1060 SKIFF-WILSON-JOIINSTON. Thursday] [March 4th I 39th Day] PERSONAL AND GENERAL EXPLANATIONS. Thrdy OlSO-ARE r.[ac t dition, at least one hundred or one hundred and fifty people all over this State. And the question forced itself upon the commissioners, whether they would abandon the attempt for the time, and wait until the session of the legislature for 1856 and'57, before they would do anything in regard to the matter, or take the responsibility upon themselves of building such a building as the wants of this unfortunate class of people demanded, and the dignity and the honor of the State required. In view of the situation of these unfortunate beings, the commissioners determined to take the responsibility of building such a building according to the most approved plan, and the latest model of construction. The legislature met, the same legislature that had appropriated fifty thousand dollars; they met in extra session the following December. And this same legislature, upon being informed verbally, for the commissioners had not time to make out a report, of the situation of the insane throughout the State, and the importance of having a different building from that they had contemplated, this legislature repealed the limitation which had been before placed upon the commissioners, and made another appropriation of fif ty thousand dollars. Now the commissioners did not act in violation of law. There had been nothing done up to that time by the commissioners, but what could have been repealed by the legislature, and nothing been lost. And again, at the last session of the legislature a report was made by the commissioners to the legislature, stating all the facts, somewhat in the same manner as I have stated them here, this evening. And that legislature made another appropriation of forty thousand dollars. And the only reason they did not make an appropriation of one hundred thousand dollars, was that there were constitutional restrictions, as they supposed, against going over the sum of forty thousand dollars. the State will require another insane asylum. There are, at this moment, in this State, one hundred and fifty persons who ought to be inmates of a hospital for the insane. And two hundred or two hundred and fifty persons are all that can be Accommodated in one building. And but few years will pass away before we will require another in the northern part of the State, because it is well known that great injury results to th is class of persons, by being carried a great distance. Now another wor d i n regard to the expense. It was said t hat this building wa s expensive; gentlemen emphasized that a great deal. It is true that, so fa r as regards dollars and cents, that building is expensive. Butt it is just the kin d of build in g that class of su fferers demanded, and no oth er building would an swe r the purpose. It is a building plan ned by th e hioa hest authority in th is country in those matt ers. A nd it is a building which we will be proud of in the future. Now let me say one word about these b uildi ngs, a nd then I will dismiss this whole subject. We find that no buildin g o f the kind can be prope rly c onstructed in this cou ntry for less than two hundred thousand dollars or two h undred an d fifty thousand doll ars; that is the lowest amount fixed by medical superintende n ts of the insane, and s o me go even beyond that. And as I before remarked, on ly some t wo hun dred a nd fifty or thre e h undred persons can be accommodated in a building of this kind. So gentlemen will see that it was impossible for us, acting not only under oath, but in view of the responsibility of th e position in wh ich we were placed in regard to th i s unfortunate clas s of people who were scatt e red a ll over the State, to decide otherwise than to erect a building as the ir wants requi red, and such a building as would her eafter ad d to the honor and dignity of this great State. Mr. CLARKE, of Johnson. This seems to be an occasion for the settlement of old scores, and I am willing to do my p ar t in the settlement of any which may be marked against me. It is true, that in the debate upon the removal of the capitol, I did charge these ommissioners with having violated the law in the location of that asylum, and in the con tract made for the erection of the building. Mr. JOHNSTON. There was no contract made. Mr. CLARKE, of Johnson. I regret that I have not the law authorizing this action o f the commissioners; but their report is before me. My impression of th e law is this: th at it authi e te orizes o them to provide for the erection of a building, h i which would be ca pable o f enlargement, but that the cost should not exceed fifty thousand dollars. And I remember, while this convention has been in session, of accidentally picking up a report of the commissioners, in which,'if I mistake not, they themselves admit that they went beyond the premises of the law. I do not allude to this fact for the purpose of This is the truth of this matter, and I desire to have it go upon the reco rd al ong w ith what has been said by the gentleman from Johnson, [Mr. Clarke.] I take pleasure in saying, that I do not suppose that the gentleman had any intention to reflect personally upon the commissioners. But when the statement was made that the commissioners had acted in violation of law, it was important that I should get up in my place here, and make the statement I have made. I would have done so before; I would have done so at the time, but the previous question was called, and I have not had an opportunity since, until now. There is another matter I should like to speak of now very briefly, not because it relates to me personally, but because it is a matter of public interest. I refer to the location of these asylums. There was something said in the debates here about all these institutions being located in the southern part of the State. There was an attempt, as I thought, to array one portion of this convention against the other on that ground. Now let me say that it will not be long before 134 1061 Thursday] JOHNSTON-CLARKE, of J. [March 5th PERSONAL AND GENERAL EXPLANATIONS. [39th Day Thursday] CLARKE, of J.-EDWAR)S-HARRIS-PARYIN. [March 5th censuring these gentlemen, whose efforts to ameliorate the condition of the insane are worthy of all commendation. I did not desire the other day, nor do I desire now, to cast any reflections upon any of these gentlemen. I frankly admit, that they did what they deemed to be their duty under the circumstances. I have no doubt they acted wisely and well. But if gentlemen, when they go home and turn to the report made by the commissioners, do not find that they c onfess themsel ves t hat they have gone beyond the te rms of the law. I will very frankly own that I am mistaken. I deem it just to myself to say, that while I derive this information from that source, I feel it a duty I owe to myselfand to these gentlemen to say that I believe they acted from correct motives and they acted as I trust every gentleman here would have acted in reference to that class of our population. "Resolved, That all personal differences which have occurred between members during the sittings of the convention, be sunk in oblivion and forgotten from and after this date." Mr. HARRIS. This resolution accords precisely with my sentiments. However excited I may have appeared at any time upon the question I was discussing, I am not aware of having entertained an unkind feeling toward any gentleman; and in what I said I did not intend to excite the angry feelings of any gentleman here; and I regret sincerely that anything of the kind should have occurred. Mr. EDWARDS. I hope the resolution may be unanimously adopted, in spirit as well as in word. For about seven weeks we have been confined here in the arduous and responsible duty of making a fundamental law for the-government of the people of this State. It was to be expected that many questions of a political character would arise, that would produce conflict of opinion; and that in the heat of debate many unpleasant words might be spoken. But I trust there is no member upon this floor, when he thinks that soon we will all be wending our way to our distant homes, perhaps never again to meet in this world, who will entertain m.ny bitterness of feeling toward any of his fellowmembers, after he shall have passed the threshhold of yonder door. If, by any word or act of mine, I have expressed myself in so emphatic a manner in debate as to have wounded the feelings of any gentleman here, it was not done intentionally, and I exceedingly regret that I should have made any such remark. I can say to-night, in all sincerity and truth, that I can leave this hall with the kindest feelings toward every gentleman upon this floor. I shall look back with pleasant emotions to the hours that I have spent within these walls. The associations that I have formed hre will be among the most pleasant I have ever experienced, and I can truly say that the time spent here has been one of the happiest periods of my life. I hope that the same spirit will aniinate every member upon this floor. Mr. PARVIN. I cordially indorse the sentiment contained in the resolution. We met here some time since, right upon the eve of an excited Presidential election, elected as delegates to this convention, most of us upon party issues. I ithink, therefore, it is a most remarkable fact that t, as a general thing, there has been an entire absence of party feeling i,l the debates that have occurred here. I was struck with a remark I saw in a communication in a Davenport paper a day or two since, upon this subject; in which the writer remarked that a stranger coming in hen~ and listening to the debates would not suppose that there were any partizans here; I do not not want it to go out from this convention in our debates, that during the course of this s ession I have impug ned th e motives of a s ingl e gen tleman, either upon this or any ot h e r question. And if the debates bear that c ons truc tion, I now desire to disclaim any such intention, either with reference to the gentleman alluded to in the debate, the other commissioners, or any other gentleman upon this floor. I desire to make another remark here and it is this: I regret very much the subject of discussion to-night. I feel that it is unworthy of the position we occupy, and unworthy of us as men. We have been here for nearly seven weeks, engaged in the performance of the highest duties that can be committed to us as men; i n the duty of framing a constitution to protect the rights of our fellow-beings. And it has necessarily happened that in the excitement of debate, and in the conflict of interests which have been here presented, some feeling has been elicited, and many unkind words have been spoken. But I do trust the sentiment of the resolution now lying upon the secretary's desk will be cordially responded to by us all. I take this occasion to say, that if, in the course of this debate, I have indulged in any severe criticism upon the conduct of others, I feel that I have had my full share in return. And I desire that when I shall leave this hall, and when I shall resign the position which I now occupy, and become again a privite citizen, to bury every feeling of ill-will, every feeling but that of kindness towards every member of the convention. My desire is that we shall part here as friends and not as partizans. However differently we may view the procedings of this convention, and the result of its labors, I hope at least that when we leave here, no member will entertain any cause of offence or unpleasant feeling towards another fbr anything that has been said or done here. Such is my feeling and desire, and I do trust that the spirit of crimination and recrimination, which has been indulged in here, will from this time cease, and that the closing 1062 hours of the convention will be marked by universal good feeling and harmony. Mr. EDWARDS oflered the following resolution: II i I I 39th Day.] PERSONAL AND GENERAL EXPLANATIONS. Thursday] WILSON-ELLS. [larch 5tk d for some members, as strong as any I have ever it formed in my life. This being the case, I shall 3. look to the period of time consumed by the de liberations of this body with as much pleasure I as upon any period of my life. If it were for e nothing else than the associations with which I - have been connected, while occupying a seat - upon this floor, I should return my thanks to that portion of the people of this state who have - given me the position which I occupy here, and I know that the feeling which IT now have in that ) respect will continue th: ough life. I hope that we shall all part in friendship, and although what has been said and done here will have to . go to the world upon the records of the cont vention, and although probably no member would have acted differently under the same circumstances, and perhaps we should act in the same manner again under similar circum stances, yet I think we can, when we adjourn here, adjourn with the kindliest feelings towards each other. I simply say in conclusion, that I shall cheerfully vote for the resolution not only in letter, but in spirit. Mr. ELLS. Mr. President: In this last hour of the convention, [ desire to make a single re mark. I came here, sir, under circumstances different from those of any other member. I was an entire strangerto all the gentlemen who compose this body, with the single exception of the gentleman fromn Jefferson [MNr. Wilson], and I only recollected him as a little curly-headed boy in the streets of Newark, Ohio. when I re sided in that state, many years since. Then, too, as now, I was laboring under the additional misfortune of imperfect hearing. Yet, notwith standing all these disadvantages-disadvantages sufficient to deter almost any man from taking part in a deliberative body-I am free to say, sir, that such has been the uniform kindness and courtesy of every member of the convention, that I have felt myself quite at my ease, and have enjoyed as large a share of social and mental gratification as usually falls to the lot of most men. tIdeed, sir, I cannot now recollect, in the course of the seven weeks that we ha ve had the pleasure of mingling here, that any gen tleman has by any act reminded me of my mis fortunes. But, on the contrary, such has been the uniform kindness of all, that I shall carry with me from this convention the pleasing re flection, that I met you as strangers and part with you as friends. It often happens, sir, that in the heat of de bate, hasty expressions of a personal character, calculated to wound the feelings of an adver sary, will almost unconsciously escape. Those expressions, sir, are only the ebulitions of the passing moment, and should die with the occa sion that gave them birth. I am sensible, sir, that I have said many things, that in my calmer and cooler moments [ could wish had never been said-some of the most severe to the honorable gentleman from Wapello [?dr. Gillaspy]. BRut I flatter myself, sir, that that gentleman will re gard themn as only the ripple on the placid, lak.e of our conventional friendlship. tha t ther e was nothing of the kind exhibite here that wou ld induce a stranger to think tha the members wer e elected upon party grounds We were sent h ere f or a highe r and nobler pur pose than to displ a y any partizan feeling, and rejoice that it has been overlooked in t he on great object of secur ing to our young and glo rious State a constitution s uch as wi ll give sat isfaction to the pe ople of th e S t ate, and afford a sure and s table foundation for our future pros perity. There is prob ably not an individual here who has secured everythingm in this constitution which he wo uld have desire d; but a s a w h ole we have endorsed twd an dopted it by a very larie majority, and I trust that ou r action will be sanctioned by the people in th e adoption of our labors here. I hope, when we take the parting hand, as we shall soon do, that we may entertain for each other that fraternal feeling'which should ever actuate such frail beings as we are. It was remarked by t he gentleman who just took his seat, that we shoul d perhaps never meet again on earth. In l ooking at the ambrotypes o f the members which hang upon yonder wall, the thought occurred to my mind, who first of us will go the way of all flesh? This we know not, but certain it is that we are all going, sooner or later,,to that bourne from whence no traveler returns;" and whatever party feeling may have ever actuated us will soon cease to actuate us any more. Now it becomes us, as beings who are soon to neet our ju lge, to bui-y every feeling of ill-will tow,ards each other. Let us then. in the spirit of the resolution, sink in oblivion all the unkind and uncharitable feelings which we may have entertained for each other, and let us carry out that beautiful sentiment which is so fraught in meaning,,s Brethren, write your friendships in marble; your enmities in the dust." .Mfr. WILSON. I can vote cheerfully for the resolution now pending, before -the convention. It has been my misfortune during the deliberations Of this body to be compelled to engage-I use the word compelled for I know none betterin discussions which hove been of a personal character, I believe, however, that the records of this convention will bear me out in the decl'ration, that in no instance have I commenced a discussion of thaft character. Such discussions are not desired by me, and I never wilt engage in them until I am attacked. But they have passed now, and the relations which have existed between the members of this body are about to be broken. For one, I can certainly say with truth, that I can go from this hall with kind feelings towards every member of this convention. I do not desire to carry, nor will I carry, from this hall any harsh feelings towards any member of this body, for any thing that has occurred here. I believe this is the spirit in which we should all part. O ur relations and associations here have been pleasant, and 1 must say that during the deliberations of this body, I have formed attachments I t s t s s s a t h i II ti t fl b c e i 1063 Thursday] WILSON-ELLS. [March 5th PERSONAL AND GENERAL EXPLANATIONS. [39th L',, Thursday] PETERS-CLARKE, of H.-GILLASPY-PATTERSON-BUNKER, &c. [Miarch 5th this floor to whom I may have said harsh things, that I hope they have forgotten them long ago, for I have forgotten what has been said in re ply to the remarks 1 have made. I shall vote cheerfully for the sentiment em bodied in the resolution. .Mr. PATTERSON. f wish to make a remark or two, but I can hardly express what I desire to say up on this o cca s ion. I indorse most cor dially the resolution now before the convention, for it ha s pro ve d like oil poured upon the t rou bled waters. I am happy to see the good feel ing that has been brought about by its introduc tion; for I must confess that I left my seat a short time ago and picked up m y h at, with the intention of le aving t his hall, for fear that an excitement would be created here which would be unbecoming in the closing hours of a delibera tive body like this. Believing as I did, I felt that many unpleasant things might be said here, and I did not desire to be present. But my very warm friend from Jasper, [Mr. Skiff,] insisted that I should stay, and he assured me that we would all depart in peace and good feeling. With my present feelings, and at my time of life, I had no expectation of again taking part in any other deliberative body, when I consent ed to become a member of this; and when I entered upon the discharge of my duties here, I desired and hoped that the session of the con vention would be marked with the utmost kind ness and good will. Thus far, our associations have been very pleasant, and I am more than gratified that we shall part with each other in friendship and good, feeling. Mr. BUNKER. For the most part, during the sittings of the convention, I have cast my vote for or against the various propositions that have been submitted here, without thinking it proper to give any reasons for my acts, supposing that gentlemen would understand my motives from my acts. I shall pursue that course in relation to this resolution, which I shall vote for most cheerfully. Mr. TODHUNTER. I wish to make a few remarks upon this resolution. I have no accounts to settle withiany member upon this floor, thank God; and I truly regret that there are any members in this body who may have accounts to settle with each other, or that there have been any unpleasant feeling or bickerings between members here. I came here as a mnember of this body, an entire stranger to every individual upon this floor, save two, the gentlefrom Jasper [Mr. Skiff], and the gentleman from Wapello [Mr. Gillaspy]. I wish it to be distinctly understood by the convention that I heartily endorse this resolution. And permit me here to say, that I never had in my life an association with any set of gentlemen, for whom I had a higher esteem, than I have. for the memnbers of this body. I can say with truth that I shall leave this hall with the best feelings for every gentlemnan upon this floor. I truly regret —l must say it'here —to see the In conclusion, sir, permit to say, that here, as in every other relation of life, I desire to write my " friendships in marble and my enmities in the dust." Mr. PETERS. I regret, as deeply as any gentleman upon this floor, that any unpleasant discussion should have taken place in the con vention, and that anything should have fallen from the lips of any member, reflecting upon the honesty or purity of motives of any other member here. I have but a suggestion or two which I wish to offer upon this occasion. I know that we are all more or less in the habit of directing our arguments in such a manner, as politically to cast reflections upon the character of the party and its leaders, to which we are opposed; and we are apt, in the heat of debate and in the excitement of the moment, to charac terize and denounce those who differ with us in the most bitter and unmeasured terms. But I doubt whether there is a member upon this floor who in his candid moments would say that be cause a man differed with him in his political views, he must therefore possess a harder heart, have none of those kind and gentle sympathies which cheer and gladden life. I shall vote cheerfully for the resolution at this time. after what has fallen from the lips of gentlemen here, and rejoice now, as much as I have regretted before, that I had not participat ed more in debates, when I might have said something which I should have cause to regret. Mr. CLARKE, of Henry. However well I may be supplied with words upon other occa sions, as some gentlemen may think, I have no words to express what I feel upon an occasioni like this. All I can say to gentlemen is, that if I know my own heart, that in my course here I have attempted to be governed solely by pr inciples, and by what I believed to be right. I do not know that I have acted from any personal feelings. If I have made any remarks in the heat of debate, and used expressions which were harsh, I regret them, formy desire is always to let no personal matters influence me at all in the discharge of my duties. I shall leave this hall with the most kindly feelings for all here. And I shall forever cherish in grateful remembrance the associations with which I have been connected here. I can say with truth that if I should ever meet hereafter those with whom I have been associated here, it will be with the most pleasurable emotions. Mr. GILLASPY. I did not intend to say at word, because I felt conscious that my feelings fully harmonized with the language and spirit of the resolution. I would not have said a word had it not been for the remark that fell from the gentleman from Scott [Mr. Ells]. He said that he had used harsh language towards the gentleman from Wapello. I would say tot he gentleman from Scott, that I had forgotten it long ago. [Applause.] I will say7 here also to other mnembers upon I 1064 t ADJOURNMENT SINE DIE. Thrdy HAL-KF-DAD-e RSDN.[ac t personal assaults that have been made upon the distinguished gentleman from Des Mloines [Mr. Hall] in this body. These kind of thrusts may do upon the stump; they may do in excited political campaigns; but they should not have been indulged in upon this floor. We did not meet here for any such purpose, and I must say, so far as the gentleman from Des Moines is concerned, that I have as warm feelings for him as for any gentleman upon this floor. Mr. HALL. It is contrary to my nature to bear malice or anger toward any man; and yet I know tha t I am too ard ent an'd excitable in my feelings. I came honestly by them, however. I have no personal complaints to make against any one. I took occasion to set a certain matter right this evening, when I had an opportunity for the first time to place a denial of a certain charge upon the records, where it will remain permanently. ceived, and it has now culminated in a formal expressions of your satisfaction with the man ner in which the duties of the Chair have been performed. I know not how to pay the debt I owe you; but while I confess my inability to discharge it, I beg you to be assured of my cheerful readiness to do the next best thing in my power, which is fully to acknowledge it, and to assure you that no statute of limitation shall ever bar it. To other evidences of your kindness, the re collection of which I shall not cease to cherish, you have superadded the compliment of present ing, for my acceptance, the chair I have had the honor to occupy. As a testimonial of your ap preciation of my endeavors to discharge accept ably its duties, I receive it, and not because I think it deserved firom any other consideration. I shall respect and prize it as a memento, not only of your generous bounty, but also of the many pleasant days we have passed together here. Our task is done. The work we have been sent here to perform is completed. The results of our labors and deliberations we commit to the people and to history. The judgment of both we may abide, I think, with undoubting confidence. How faithfully you have labored in the great work committed to our charge, the record of our excellent Secretaries, and able and faithful Reporters will in part show. For the rest, I can bear cheerful testimony. I am free to say, that for patient investigation, for devotion to duty, for dignity of deportment, for courtesy, propriety and decorum in debate, I am satisfied this convention will compare favorably with any other similar body. We have read of conflicts on the battle-field, where it was said that each man felt and fought as if on his sole arm hung victory. So it has appeared to me that each member of this convention has acted as if impressed with the thought that in his hands was the destiny of the State, and that upon his efforts depended much of her future prosperity and glory., The holding of such a convention as this, for the purpose of re-constructing the fundamental law of the State, must be regarded as an epoch in our history. To have been members of such a convention; to have been associated together for so long a period in official intercourse, entrusted with the exalted duty of preparing a new frame-work of government; to have labored so anxiously together for auspicious results, and so successfully, too, as I believe, is an event which will remain deeply impressed upon our minds. Nor will that impression be lessened by the thought that this favored country of ours is perhaps the only spot on the face of the earth where such an assembly, for such a purpose, could be held; and ours the only people out of the millions who inhabit our planet, among whom the sublime sentiment, that all political power is inherent in the people, is a practical reality. I shall leave the convention without entertaini ng any f eelings of unkindness toward any member. I know that at times I have spoken warmly in the heat of debate; but if I have injured the feelings of any one, it was not from any intention so to do. In discharging my duty, I have acted according to the best dictates of my judgment, and I have pursued the course which I thought the best interests of the State required me to take. Mr. SKIFF. During the sessions of the convention, I can call members to witness, that I have not been a talking but a voting member, and no vote that I have given here in this convention will be so cheerfully given as the vote for the resolution now lying upon the Secretary's table. I vote " aye " for it all the time. The resolution passed by acclamation. tion: "Resolved, That the convention adjourn sine die." The resolution was agreed to. Before declaring the result of the vote The PRESIDENT said: GENTLEMEN OF THE CONVENTION: I should be dissatisfied with myself if I should neglect to embrace the opportunity afforded by this closing hour of the session to say a word in acknowledgment of the obligations I am under to you. I feel that my relation to you is that of a debtor, and I regret to add, a debtor of a very unfortunate class-an insolvent one. I have been the constant recipient of your kindness here. It began by placing me in the dististinguished position of your Presiding Officer. New proofs of it have greeted me with each succeeding day's sitting, in the respect and consideration with which my humble endeavors to serve you have been re h Day] 1065 HALL -SKIFF-EDWARDS-THE P.RESIDENT. [March 5th Thuri;day] Adjournment sine die. Mr. EDWARDS offered the following resolu PRESIDENT'S CLOSING ADDRESS. Thursday] [larch 5th stature of gigantic proportions. And now, invigorated by fresh draughts from the fountain of republicanism, she will move onward to a position of the first magnitude in the galaxy of American States, presenting a bright example of a free, prosperous, and happy people. - Pardon me, gentlemen, for detaining you with these poor words of mine. The moment of separation has come. We leave our places here, to return to our respective districts, "to the loved sights and sounds of home, to the congratulations of friends, and the applause of satisfied constituencies." And now, with my warmest wishes for your happiness, and with our hearts filled with gratitude to H:m whose providential care has been so signally over us, guiding us, protecting us, and directing us, I proceed to give effect to the last vote you have taken, by declaring this convention dissolved. The Convention accordingly adjourned sine die. As to the nature and character of the changes you have made in the organic law of the State, I need not here speak. The new constitution will soon be published in juxtaposition with the old. Your work will speak for itself, and so speaking will commend itself to the approbation of the people. I may say, in brief, that we have added some new and important guards for the security of popular rights, and for the promotion of the best interests of the social compact. Restrictions existed in the old constitution, which it is believed have operated to check and retard the energies and prosperity of t he State. These we have removed. We have stricken the fetters from the limbs of the infant giant, and given free scope to resources, capable, as we believe, of working out the highest results. Few States present a more inviting record than Iowa. We may well be proud of her. Among the youngest of the sovereign States of the confederacy, she has already attained a 1066 [39th Day Thursdayl [March 5th .1. I OLD AND NEW CONSTITUTIONS. NE iW CONSTITUTION. WE, THIE PEOPLE OF THE TERRITOIY OF IOWA, grateful to the Supreme Being for the b les sings hitherto enjoyed, and feeling our de pe ndence on Him for a continuation of those blessings, do ord ain and establish a free and indep en dent government, by the name of the STATE OF IOWA, the boundaries whereof shall be as follows: Beginning in the middle of the main channel of the Mississippi river, at a point due east of th e middle of the mouth of th e main channel of the Des M oine s river; thence up the middle of the main channel o f the said Des Moines river, t o a point on said river where the northern boundary line of the State of Missouri, as established by the Constitutio n of th at State, adopted June 12th, 1820-cr osses the said middle of the main channel of the said Des Moines river; thence westwardly along the said nor thern boundary lin e of the State of Missouri, as established at the time aforesaid, until an extension of said l ine int ersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of fortythree degrees and thirty minutes north latitude; thence east along said parallel of forty-three degrees and thirty minutes until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the WE, THE PEOPLE OP THE STATE OP IOWA, grateful to the Supreme Being for the blessings hither to enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the STATE OF IOWA, the boundaries whereof shall be as fol lows: Beginning in the middle of the main channel of the Mississippi river, at a po int due east of the the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the state of Missouri —as estab lished by the constitution of that state, adopted June 12, 1820-crosses the said middle of the main channel of the said,Des Moines river; thence westwardly along the said northern boundary line of the state of Missouri, as estab lished at the time aforesaid, until an exten sion of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river, to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east along said parallel of forty-three degree and thirty minutes, until said parallel intersects the middle of the main channel of the Missis OLD CONSTITUTION. 108CNTTTOS OL OSIITO. E OSIUIN main channel of said Mississippi river to the place of beginning. place of beginning. ARTiCLE I.-BILL OF RIGHuTS. Section 1. All men are, by nature, free and equal, and have certain inalienable rightsamong which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it. Sec. 3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise th ereof; nor shall any person be compelled to attend any place o f wo r ship, p ay tithes, taxes, or other rates, fo i li or building or re pairing place s of worship, or for the main tenance o f any min ister or ministry. Sec. 4. No religious test shall be required as a qualification for any office, or p ubli c trust, an d no person sh all be de priv ed of any of his rights, r ights, o pivileges, or disqualified from the pe rforman ce of a ny o f h is p ublic or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fao* material to the case; and parties to suits may be witnesses, as provided by Section 1. All men are, by nature, free and independent, and have certain unalienable rights-among which are those of enjoy ing and defending life and liberty, acquiring, possessing and protecting property, a nd prsn and pursuing and obtaining safety and happiness. Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they h av e the right, at all times, to alter or reform the same, whenever the public good may require it. Sec. 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister or ministry. law. Sec. 5. Any citizen of this state who may hereafter be engaged, either directly or indirectly, in a duel, either as principal, or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this state. Sec. 6. All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizenrs. Sec. 7. Every person may speak, write, and publish his sentiments on all subjects, "be Sec. I. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as p r incipal or accessory before the fact, shall forever be disqualified from holding any office under the constitution and laws of this State. have. All laws of a general nature shall have a uniform operation. S ec. 7. Every person may speak, w rite, and publish his sentiments on all subjects, being re CONSTITUTIONS. 1068 OLD CONSTITUTION. NEW CONSTITUTION. sippi river; thence down the middle of the main channel of said Mississippi river, to the. ARTICLE l.-BIL'L OF Rl(;IITS. See. 4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private dut-'Ies, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of-religion. A I CONSTITUTIONS. NEW CONSTITUTION. ing responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to thejury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted. sponsible fo r the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions, or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libelous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted. See. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized. Sec. 9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts: but no person shall be deprived of life, liberty, or property, without due process of law. Sec. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or iffirmation, par ticularly d escribing the place to be searched, and the papers and things to be seized. Sec. 10. In all criminal prosecutions, and in cases involving the life or liberty of an individuaI, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him, and to have a copy of'he same when demanded; to be confronted with the witnesses against him; to have compulsory process for his own witnesses; and to have the assistance of counsel. Sec. 11. All offenses less than felony and is which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a Justice of the Peace, or other office]s authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendanttho right of appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service in time of war or public danger. Sec. 12. No person shall, afteracquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Sec. 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in case of re Sec. 10. In all criminal prosecutions, the accused shall have a right to a speedy trial by an impartial jury; to be informed of the accusation ngainst him; to be confronted with the witnesses against him; to have compulsory process for his own witnesses, and to have the assistavce of a counsel. Sec. 11. No p erson shall be held to answer for a criminal offense, unless on presentment or indictment by a grand jury, except in cases cognizable before a justice of the peace, or arising in the army or navy, or in the militia, when in actual service, in time of war or public danger. Sec. 12. No pers on shall, after acquittal, bea tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. See. 13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it. 135 i 1069 OLD CONSTI'IUTION. Sec. 9. The right of trial by jury sha.11 remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts. CONSTITUTIONS. OLI) CONSTITUTION. NEW CONSTITUTION. bellicn or invasion, the public safety may require it. Se e. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the state in time of peace; and in time of war, no appropriation for a standing army shall be for a longer period than two years. Sec. 15. No soldier shall, in time of peace be quartered in any house without the consent of the owner, nor in time ofwar except in the manner prescribed by law. Sec. 16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the Sec. 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law. Sec. 16. Treason agains t th ae State shall consist only in levying war against it. adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. Sec. 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. Sec. 18. Private property shall not be taken for public use without just compensation. same overt act, or confession in open court. Sec. 17. Excessive bail shall not be required; excessive fines shall not be imposed. and cruel and unusual punishments shall not bei inflicted. Sec. 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made, to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken. Sec. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a milita fine in time of peace. Sec. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances. Sec. 21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. Sec. 22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property, as native-born citizens. Sec. 23. There shall be no slavery in this State; nor shall there be involuntary servitude, unless for the punishment of crime. Sec. 24. No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years. Sec. 19. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace. Sec. 20. The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives, and to petition for a redress of grievances. Sec. 21. No bill of attainder, ex-post-factolaw, or law impairing the obligation of contracts shall ever be passed. Sec. 22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native-born citizens. Sec. 23. Neither slaverae y nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. 1070 OLD CONSTITUTION. NEW CONSTITUTION. See. 14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years. 6 I CONSTITUTIONS. OLD CONSTITUTION. NEW CONSTITUTION. Sec. 25. This enumeration of rights shall not be construed to impair or deny others, retained by the people. Se. 24. This enumeration of rights shall n ot be construed to impair or deny others, retained by the people. ARTICLE 2.-RIGHT OF SUFFRAGE. Section 1. Every white male citizen of the United States, of the age of twenty-one years, wh(, shall have been a resident of this State six months next preceding the election, and the I county in which he claims his vlte, sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. S ection 1. Every white male citize n o f the United States, of the age of twenty-one years,o who shall have b een a resi dent of the St at e six months next pr eceding the e lection, and the county in which he claims his vote, twenty d ays, shall be en ti t l ed to vote at all elections which are no w or hereafter may be authorized by law. Sec. 2. Elector s shall, in all cases except trea - son, felony, or breach of th e pe ace, be privileged from a rrest on the days of e lec ti on, during their atten dance at such election, going to and returning therefrom. Se. 3. N o elector shal l be obliged to perform militia duty o n the day of election, except in time of war or public danger. Sec. 4. No person in the military, naval or marine service of the United States shall be considered a resident of this State- by being stationed in any garrison, barrack, or military or naval place or station within this State. Sec. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. Sec. 6. All elections by the people shall be by ballots Sec. 2. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. Sec. 3. No elector shall be obliged to perform military duty on the day of election, except in time of war, or public danger. Sec. 4. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military, or naval place, or station within this State. Sec. 5. No idiot, or insane person, or person !convicted of any infamous crime, shall b e enti tled to the privilege of an elector. Sec. 6. All elections by the people shall be by ballot. ARTICLE 3.-O0 THE DISTRIBUTION OF POWERS. ARTICLE 3.-OF THE DISTRIBUTION OF PowERs. Section 1. The powers of the government of Iowa shall be divided into three separate departments: The Legislative, the Executive and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permit Section 1. The powers of the government of Iow a s hall b e divided into three separate departments: The Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted. LEGISLATIvE DEPARTMENT. Section 1. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives; and the style of every law shall be:,Be it enacted by the General Assembly of the State of Iowa." Section 1. The legislative authority of this State shall be vested in a Senate and House of Representatives, which shall be designated the General Assembly of the State of Iowa; and the style of their laws shall commence e in the following manner: " Be it enacted by the General Assemb!y of the State of Iowa." Sec. 2. Th.e sessions of the General Assembly shall be bienni 1, and shall commence on the Sec. 2. The sessions of the General Assembly shall be biennial, and shall commence on the 1071 OLD CONSTITUTION. NEW CONSTITUTION. ARTICLU 2.-RiGHT OF SUFFltAGII. ted. LIRGISLATivr, DFPA2TU11,NT. 1()7 CONSTITTI()NS. OLD CONSTITUTION. first Monday of December next ensuring the election of its members; unless t'. Governor of the State shall, in the interim, convene the General Assembly by proclamation. Sec. 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the first Monday in August; whose term of office shall continue two years from the day of the general election. second Monday in January next ensuing the election of its members; unless the Governor of the State shall, in the meantime, convene thd General Assembly by proclamation. Sec. 3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the second Tuesday in October, except the years of the Presidential election, when the election shall be on the Tuesday next after the first Monday in NSvember; and their term of office shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified. Sec. 4. No person shall be a member of the House of Rep esentatives who shall not have attained the age of twenty-one yeaors, be a f ree white male citizen of the United Stat es, and shall have be en an inhabitant of this S tate one -ear next preceding his election, an d a t the time o f his election shall have had an a ct ual residence of sixty days in the count y o r district he ma y have been chosen to represent. Sec. 5. Senators shall be chosen for the term of fo ur years, at the same time and place as Representatives; they shall be twenty-five years of age. and possess the qualifications of Representatives as to residence and citizenshi p. Sec. 6. The number of senators shall not be less than one-third, nor more than one-half the representative body; and shall be so classified by lot, that one class, being as'nearly one-half as possible, shall be elected every two years. When the number of senators is increased, they shall be annexed by lot to one or the other of the two classes, so as to keep them as nearly equal in numbers as practicable. Sec. 4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and have been an inhabitant of this State or Territory one year next preceding his election; and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. Sec. 5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship. Sec. 6. The number of Senators shall not be less than one third, nor more than one half the representative body; and at the first session of the General Assembly, after this constitution takes effect, the Senators shall be divided by lot, as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one half shall be chosen every two years. Sec. 7. When the number of Senators is in creased, they shall be annexed by lot to one of the two classes, so as to keep them as nearly equal in number as practicable. Sec. 7. Each House shall choose its own officers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law. Sec. 8 A majority of each House shall constitutS a quorum to transact bus ines s; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in siuch manner and under such penalties as each H,)use may provide. Sec. 9. E~ich House shall sit upon its own Sec. 8. Each House shall choose its own officers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law. Sec. 9. A majority of each Ifouse shall constitute a quorum to do business; lut a smaller number may adjourn from day t ]lay, and may compel the attendance of absent members in such manner and under such penalties a s ea ch House may provide. Sec. 10. Each House shall sit upon its own CONSTITUTIONS. 1072 LNEW CONSTITUTION. I CONSTITUTIONS. NEW CONSTITUTION. J adjournmentr -eee a.jpyur of srfjsroeeedings anS publish the same; determ ine its rules of proceedings, punish me mbers for dis orderly behavior, a r id, with the consent of two-thirds, expe l a me mbe r, but not a second time f or the same offen se; a nd shall have all o ther powers necess ary for a branch of the General Assembly of a free and independent state. Sec. 10. Every memerr of the Gen e ral Assembly shall have the liberty to disse n t from, or protest against, any act or resolution which he may think injurious to the public, o r a n i ndividual, and h ave the reasons for his dissent entered on the journals; and the yeas and nays of the members of either House, on any question, shall, at the desire of any two members present, be en tered on the journals. Sec. 11. Senators and Representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the stme. Sec. 12. When vacancies occur in either House, the Governor, or the person exercising the functions of governor, shall issue writs of election to fill such vacancies. Sec. 13. The doors of each house shall be open, except on such occasions as, in the opinion of the House, may require secrecy. Sec. 14. Neither House shall, without theconsent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 15. Bills may originate in either House, and may be amended, altered, or rejected by the other; and every bill, having passed both Houses, shall be signed by the Speaker and President of their respective Houses. - adjournments, keep a journal of its.rroceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behavior, and, with the consent of two thirds, expel a member, but not a second time for the same offense; and shall have all other powers necessary for a branch of the General Assembly of a free and independent State. Sec. 11. Every member of the General Assembly shall have the liberty to dissent from, or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either House, on any question, shall, at the desire of any two members present, be entered on the journals. Sec. 12. S en ators and Representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. Sec. 13. When vacancies occur in either House, the Governor, or the person exercising the functions of Got ernor, shall issue writs of election to fill such vacancies. Sec. 14. The doors of each House shall be open, except on such occasion as, in the opinion of the House, may require secrecy. Sec. 15. Neither tlouse shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 16. Bills may originate in either House, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, altered, or rejected by the other; and every bill having passed both Houses, shall be signed by the Speaker and President of their respective Houses. Sec. 17. Every bill which shall have passed the General Assembly, shall, before it becomes a law, be presented to the Got ernor. If he approve, he shall sign it; but if not, he shall return it with his objections, to the House in which it originated, which shall enter the same upon the journal, and proceed to reconsider it: if, after such reconsideration, it again pass both Houses, by yeas and nays, by a [uajority of two thirds of the members of each House present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within three days after it shall have Sec. 16. Every bill which shall have passed the General Assembly, shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it with his objections, to the House in which it origina ted, wh ich shal l enter the same upon their journal, and proceed to re-consider it; if, after such re-consideration, it again passes both Houses, by yeas and nays, by a majority of twothirds of the members of each House, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within three days afterit shall have been pre I I 10"3 4 OLD CONSTITUTION. CONSTITUTIONS. been presented to him, (Sunday excepted), the sented to him (Sundays excepted), the same same shall be a law in like manner as if he had bshall be a law in like manner, as if he had signed it, unless the General Assembly, by ad- signed it, unless the General Assembly, by adjournment, prevent such return. journmenit, shall prevent such return. Any bill submitted to the Governor for his approval dur ing the last three days of a session of the Gen eral Assembly, shall be deposited by him in the office of the Secretary of State, within thirty days after the a(!journment, with his approval if approved by him, and with his objections if he disapproves thereof. Sec. 17. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the General Assem bly, and the question upon the final passage shall be taken immediately upon itsl'ist reading, and the yeas and nays entered on the journal. Sec. 18. An accurate statement of the re- Sec. 18. An accurate statement of the receipts and expenditures of the public money, shall ceipts and expenditures of the public money be attached to and published with the laws, at shall be attached to and published with the every regular session of the General Assembly. laws, at every regular session of the General Assembly. Sec. 19. The House of Representatives shall Sec. 19. The House of Representatives shall have the sole power of impeachment, and all have the sole power of impeachment. and all imimpeachments shall be tried by the Senate. peachments shall be tried by tle Senate. When When sitting for that purpose, the Senators sitting for that purpose, the Senators shall be shall be upon oath or affirmation; and no per- upon oath or affirmation; and no person shal son shall be convicted without the concurrence be convicted without the concurrence of twoof two-thirds of the members present. thirds ii: iem)ers present. Sec. 20. The Governor, Secretary of State, >:-~ 72(j utie Governor, Judges of the SuAuditor, Treasurer, and Judges of the Supreme prerne and District Courts, and other state offiand District Courts, shall be liable to impeach- cers, shall be liable to impeachment for any ment for any misdemeanor in office; but judg- misdemeanor or malfeasance in office; but judgment in such cases shall extend only to removal merit in such cases shall extend only to removal from office, and disqualification to hold any from office, and disqualification to hold any ofoffice of honor, trust, or profit, under this State; fice of honor, trust, or profit under this State; but the party convicted or acquitted shall never- but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punish- theless be liable toindictment, trial and punishment, according to law. All other civil officers ment according to law. All other civil officers shall be tried for misdemeanors in office, in such shall be tried for misdemeanor and malfeasance manner as the General Assembly may pro- in office, in such manner as the General Assemvide. bly may provide. Sec. 21. No Senator or Representative shall, Sec. 21. No Senator or Representativeshall, during the time for which he shall have been during the time for which he shall have been elected, be appointed to any civil office of profit elected, be appointed to any civil office of profit under this State, which shall have been created, under this State, which shall have been created, or the emoluments of whichl shall have been or the emoluments of which shall have been inincreased during such term, except such offices creased, during such term, except such offices as may be filled by elections by the people. as may be filled by elections by the people. Sec. 22 No person holding any lucrative Sec. 22. No person holding any lucrative ofoffice under the U~nited States, or this State, cor rice under the Unite I States, or this States or any other power, shall be eligible to the General any other power, shall be eligible to hold a seat Assembly: Provided, that offices in the militia, in the General Assembly; bat offices in the 1074 NEW CONSTITUTION. OLD CONSTITUTION. II I CONITUTIONS. 1075 OLD COSIUIN E OSIUIN to which theare is attached no ann,l.' — 7 or the office ofjustice of the peace, or t to:'tjstero whose compensation d, es not exceed one bundred dollars per annum, shall not be deemed lucrative. militia, to which there is attached no a nnua l salary, or the office of justice of the peace, or postmaster, whos e compensati on do es not exceed one hundred dollars per annum, or not ary public, shall not be deemed lucrative. Sec. 23. No person who may hereafter be a collector or holder of p ub li c mone ys, shall have a seat in either House of the General Assembly, or be eligible to hold any office of trust or profit in this state, until he shall have accounted for and paid into the treasury all sums for which he may be liable. Sec. 24. No money shell be drawn from the treasury but in consequence of appropriations made by law. Sec. 25. Each member of the first General Assembly under this Constitution, shall receive three dollars Ogr diem while in session; and the further su% of three dollars for every twenty miles traveled in going to and returning from the place where such session is held, by the nearest traveled route; after which they shall receive such compensation as shall be fixed by law; but no General Assembly shall have power to increase the compensation of its own members. And when convened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regular session, and none other. Sec. 23. No person who may hereafter be a collector or holder of public moneys, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for and paid into the treasury all sums for which he mav be liable. Sec. 24. No money shall be drawn from the treasury but in conseqiuence of appropriations made by law. Sec. 25. Each member of the General Assembly shall receive a compensation to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day, for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session: when convened in extra session by the governor, they shall receive such sums as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they travel, in going to and returning from their place of meeting, on the most usual route: Provided, however, That the members of the first General Assembly under this constitution shall receive two dollars per day for their services during the entire session. Sec. 26. Every law shall embrace but one subject, which shall be expressed in the title. Sec. 27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State. Sec. 26. No law of the General Assembly, passed at a regular session, of a public nature, shall take effect until the fourth day of July next after the passage thereof. Laws passed at a special session shall take effect ninety days after the adjournment of the General Assembly by which they were passed. If the General Assembly shall deem any law of immediate importance, they may provide that the same shall take effect by publication in newspapers in the State. eSec. 27. No divorce shall be granted by the General Assembly. Sec. 28. No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed. Sec. 29. Every act shall embrace but one (stbje t, and matters properly connected therewith; which subject shall be expressed in the Sec. 28. No divorce shall be granted by the General Assembly. Sec. 29. No lottery shall be oy this State; nor shall the sale of lot;ter:;,.-kets' be allowed. I I CONSTITUTIONS. 1075 OLD CONSTITUTION. NEW CONSTITUTION. [See section 29.] (See section 26.) CONSTITUTIONS. OL:OSIUiN E OSIUIN title. Butif any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. Sec. 80. The General Assembly shall not pass local or special laws in the following cases: For the assessment and collection tf taxes for State, county, or road purposes; For laying out, opening and working roads or highways; For changing the names of persons; For the incorporation of cities and towns For vacating roads, town plats, streets, alleys or public squares; For locating or changing county seats. In all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughoutthe state; and no law changing the boundary lines of any county shall have effect until, upon oeing submitted to the people of the counties affected by the change, at a general election, it shall be approved by a majority of the votes in each county, cast for and against it. Sec. 31. No extra compensation shall be made to any officer, public agent,or contractor, after the services shall have beenrendered, or the contract entered into; nor shall any money be paid on any claim, the subject matter of which shall not have been provided for by pre-existing laws, and no public money or property shall be appropriated for local, or private purposes, unless such appropriation, compensation, or claim, be allowed by two-thirds of the members elected to each branch of the General Assembly. Sec. 32. Members of the General Assembly shall, before e th ey enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully discharge the duties of Senator (or Representative, as the case may be) according to the best of my ability." And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation. S Sec. 33. The General Assembly shall, in the years one thousand e ighthundred a nd fifty- nine, one thousand eight hundred and sixty-three, one thousand eight hundred and sixty-five, one thousand eight hundred and sixty-seven, one Sec. 30. M embers of the General Assembly shall, before the y enter upon the duties of their respective offices, take and subscribe the following oa th or affirmation: " I do solemnly swear, (or affirm, as the case may be.) that I will support the constitution of th e Unit ed S,ates, and th e c onstitutio o the th e St of of I owa, and that I w ill fa ithfully discharge theduties of Senator, (or Representative, as the case may be,) according to the best of my ability." And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation. Sec. 31. Within one year after the ratificacation of this constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inha'.:'.tants of this State shall be made, in such 1076 OLD CONSTITUTION. NEW CONSTITUTION. 0 t n II CONSTITUTIONS. manner as shall be directed by law. The num- thousand eight hundred and sixty-nine, and one ber of Senators and Representatives shall, at the thousand eight hundred and seventy-five, and first regular session of the General Assembly, every ten years thereafter, cause an enumeraafter such enumeration, be fixed by law, and tion to be made of all the white inhabitants of apportioned among the several counties according to the number of white inhabitants in each; and [the General Assembly] shall also, at every subsequent regular session, apportion the House f of Representatives; and every other regular session the Senate, for eight years; and the House of Representatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of white inhabitants shall be one hundred and seventy-five thousand; and af- | ter that event, at such ratio that the whole num- i ber of Representatives shall never be less than thirty-nine nor exceeding seventy-two. he state. iec. 34. The number of senators shall, at the upxt ression following each period of making ouch enumeration, and the next session follow ng each United States census, be fixed by law, nd apportioned among the several counties, ccording to the number of white inhabitants in filch. Sec. 35. The Senate shall not consist of more han fifty members, nor the House of Represen atives of more than one hun dred; an d they shall be apportioned among the several counties tnd representative districts of the state, accord ng to the number of white inhabitants in each, pon r atios to be fixed by law; but no repre entative district shall contain mor e than four organized counties, and each district shall be entitled to at least one representative. Every county and district which shall have a number of inhabitants equal to one-half of the ratio fixed by law, shall be entitled to one rereesenta tive; and an y on e cou nty containing, in addition to the ratio fixed by law, one-half of that number, or more, shall be entitled to one additional representative. No floating district shall hereafter be formed. Sec. 36. At its first session, under this constitution, and at every subsequent regular session, the General Assembly shall fix the ratio of representation, and al;so form into representative districts those co;unties which will be not entitled singly to a representative. Sec. o7. When a Congressional, Senatorial, or Representative district shall Je composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial, or Representative district. See. 38. In all elections by the General Assembly, the members thereof shall vote viva voce; and the votes shall be entered on the journal. Sec. 32. When a Congressional, Senatorial, or Representative district shall be composed of two or more counties, it shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial, or Representative district. Sec. 33. In all elections by the General Assembly, the members thereof shall vote viva voce; and the votes shall be entered upon the journal. Sec. 34. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dollars; Secretary of State five hundred dollars; Treasurer, four hundred dollars; Auditor, six hundred dollars; Judges of the Supreme and District Courts, each one thousand dollars. 136 I I I I 1077 NF,W CONSTITUTION. OLD CONSTITIUTION. CONSTITUTIONS. OLD CONSTITU~ION. ARTICLt 4.-EXECUTIVE DEPARTMENT. Section 1. The supreme executive power of th is state shall be vyesled in a C hief Magistrate, who shall be styled the Governor of the state of Sec. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be stvled the Governor of the State of Iowa. Sec. 2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office four years from the time of his installation, and until his successor shall be qualified. Sec. 3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years next preceding the election, and attained the age of thirty years, at thl time of said election. Iowa. Sec. 2. The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office two years from the time of his installation, and until his successor is elected and qualified. Sec. 3. There shall be a Lieutenant Governor, who shall hold his office two years, and be elected at the same time with the Gov(rnor. In voting for Governor and Lieutenont Governor, the electors shall designate for whom they vote as Governor, and for whom as Lieutenant Governor. The returns of every election for Governor, and Lieutenant Governor, shall be sealed up and transmitted to the seat of government of the state, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly. See. 4. The persons respectively having the highest number of votes for Governor and LieUtenant Governor, shall be declared duly elected; but in case two or more persons shall have an equal and the highest number of votes for either office, the General-Assembly shall, by joint vote, forthwith proceed to elect one of said persons Governor, or Lieutenant Governor, as the case may be. Sec. 5. Contested elections for Governor or Lieutenant Governor, shall be determined by the General Assembly in such manner as may be prescribed by law. Sec. 6. No person shall be eligible to the office of Governor, or Lieutenant Governor, who shall not have been a citizen of the United States, and a resident of this State, for two years next preceding the election and attained the age of thirty years at the time of said election. Sec. 7. The Governor shall be commander Sec. 4. The r eturns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the General Assemubly shall, by joint vote, choose one of said persons so having an equal and the highest number of votes, for Governor. I 1078 NEW CONSTITUTION, I I AP,TICLE 4.-EXECUTivF, DFPAILTMENT. (See section 6.) a I II (See section 3.) Sec. 5. The Governor Bhall be commander CONSTITUTIONS. NEW CONSTITUTION. in-chief of the militia, the army and navy of this St-l.te. Sec. 8. HIe shall transact all executive busi ness with the officers of government, civil and military, and may require information in writing from the officers of the Executive Department upon any subject relating to the duties of t lieit respective offices. Sec. 7. He shall see that the laws are faithfully executed. Sec. 8. When any office shall, from any cause, become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission, which shall expire atthe end of the next session of the general assembly, or at the next election by the people. Sec. 9. He may, on extraordinary occasions, convene the General Assembly, by proclamation, and shall state to both Houses, when assembled, the purpose for which they shall have been convened. Sec. 10. He shall commmunicate by message to the General Assembly at every session, the condition of the. State, and recommend such matters as he shall deem expedient. Sec. 11. In case of disagreement between the two Houses, v ith respect to the time of adjou rnment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next General Assembly. Sec. 12. No person shall, while holding any other office under the United States, or this State, execute the office of Governor, except as hereinafter expressly provided. r p y v a Se.1.TeIic~tr fteGvro ant iueatGvror hl omneo thl eodMna fJnaynx fe hi e1cin n otnefrtoyas n ni tersucsosaeeetdadqaiid Th LiueatGvro,wilaciga oenr Sec. 13. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachment. 1079 OLD CONSTITUTIO)N. I 1080 OLD CONSTITUTION. NElW CONSTITUTJION. tionsasmay be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the General Assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and the reasons therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted, Sec. 14. The Governor shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished during the time for which he shall have been elected. Sec. 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa. Sec. 16. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the great seal of this State, signed by the Governor, and countersigned by the Secretary of State. -Sec. 17. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall be elected by the qualified electors, who shall continue in office two years. The Secretary of State shall keep a fair register of all the oficial acts of the Governor, and shall, when required, lay the same, together with all the papers, minutes, and vouchers thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law. Sec. 18. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of tle office shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled. Sec. 17. In case of the death, impeachment, resignation, removal from office, or other disability of the Governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant Governor. Sec. 18. The Lieutenant Governor shall be President of the Senate, but shall only vote when the Senate is equally divided; and in case of his absence, or impeachment, or when he shall exercise the office of Governor, the Senate shall choose a President pro tempore. Sec. 19. If the Lieutenant Governor, while acting as Governor, shall be impeached, displaced, resign or die, or otherwise become in I I i II CONSTITUTIO.LNS. (See section 20.) (See section 21.) (See section 22.) Sec. 19. If, during the vacancy of the office ofgovernor, the Secretary of State shall be impeacbe,,], displaced, resign, die, or be absent CONSTITUTIONS. OLD CONSTITIYTJON. NLW C()N~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~TITUTION.~~~~~~~~~ from the State, the powers and duties of the office of Governor shall devolve upon the President of the Senate; and should a vacancy occur by impeachment, death, resignation, or absence from tae State of the Preside nt of the Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled. RersnaIv. Sc20 ThrshlbeasaoftIsSae bhIm fiily n hl ecle h ra (See section 15.) (See section 16.) (See section 17.) as may be required by law. ARTTICLE 5.-JUDICIAL DEP ARTMIENT. Section 1. The judicial power shall be vest ed in a Supreme Court, District Courts, and such other Courts, inferior to the Supreme Court, as the General Assemby may, friom time to time, establish. S c. 2. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold Court. Sec. 3 The Judges of the Supreme Court shall be elected by the qualified electors of the i State, and shall hold their Court at such time and place as the General Assembly may pre scribe. The Judges of the Supreme Court so elected, shall be classified so that one Judge shall go out of office every two years; and the Judge holding the shortest term of office under such classification, shall be Chief Justice of the Court during his term, and so on in rotation. r After the expiration of their terms of office, l under such classification, the term of each Judge A of the Supreme Court shall be six years, and si until his successor shall have been elected and a qualified. The Judges of the Supreme Court shall be ineligible to any other office in the State, during the term for which they shall have been , elected. f Sec. 4. The Supreme Court shall have ap Sec. 2. The Supreme Court shal l co nsist of a Chief Justice, and two associates, two of whom shall be a quorum to hold court. I I 1081 OLD CONSTITUTION. NEW CONS'RITUTION. Section 1. The judicial power shall be vested in a Supreme Court, District Courts, and such i,-iferior courts as the General Assembly may from time to time establish. CONSTITUTIONS. errors at law, under such restrictions as the pellate jurisdiction only in all cases in chancery, General Assembly may by law prescribe. The and shall constitute a Court for the correction Supremne Court may have power to issue all of errors at las-, under such restrictions as the writs and process necessary to do justice to par- General Assemibly may, by law, prescribe; and ties, and exercise a supervisory control over all shall have power to issue all writs and process necessary to secure justice to parties, and exer cise a supervisory control over all inferior judicial tribunals throughout the State. Sec. 5. The District Court shall consist of a single Judge, who shall be elected by the qualified electors of the District in which he resides. The Judge of the District Court shall hold his office for the term of four years, and until his successor shall ha-ve been elected and qualified; and shall be ineligible to any other office, except '::at oi Judge of the Supreme Court, during the term for which he was elected. Sec. 6. The District Court shall be a Court of law and eqiiitv, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. - ec. 7. The Judges of the Supreme and District Courts shall be conservators of the peace throughout the State. inferior judicial tribunals, and the judges of the Supreme Court shall be conservators of the peace throughout the State. Sec. 4. The District Court shall consist of a judge, who shall be elected by the qualified voters of the district in which he resides, at the (township) election, and hold his office for the term of five years, and until his successor is elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The District Court shall be a court of law and equity, anrid have jurisdiction in all civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. The Judges of the District Courts shall be conservators of the peace in their respective districts. The first session of the General Assembly shall divide the State into four districts, which may be increased as the exig,encies require. Sec. 5. The qualified voters of each county shall, at the general election, elect one prosecuting attorney, and one clerk of the District Court, who shall be residents therein, and who shall hold their several offices for the term of four years, and until their successors are elected and qualified. Sec. 6. The s tyle of all process shall be, "The State of Iowa,"' and all prosecutions shall be conducted in the name and by the authority of the same. Sec. 8. The style of all process sh all be "The State of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same. Sec. 9. The salary of each Judge of the Supreme Court shall be two thousand dollars per annum; and that of each District Judge one thousand six hundred dollars per annum, unti1 the year eighteen hundred and sixty; after which time, they shall severally receive such compensation as the General Assembly may, by lttw, prescribe; which compensation shall not be increased or diminished during the term for which they shall have been elected. Sec. 10. The State shall be divided into eleven Judicial Districts; and after the year eighteen hundred and sixty, the General Assembly may re-organize the judicial districts, and increase or diminish the number of districts, or the number of Judges of the said Court and may increase the number of Judges of the I i I 1082 'EW CONSTITUTION. OLD CONSTIT'UTIO'-\'. (See section 13.) CONSTITUTIONS. NEW CONSTITUTION. Supreme Court; but such increase or diminution shall not be more than one district, or one Judge of either Court, at any one session; and no re-organization of the districts, or diminution of the number of Judges, shall have the effect of removing a Judge from office. Such re-organization of the districts, or any change in the boundaries thereof, or increase cr diminution of the number of the Judges, shall take place every four years thereafter, if necessary, and at no other time. Sec. 11. The Judges of the Supreme and District Courts shall be chosen at the general election; and the term of office of each Judge shlall commence on the first day of January next, after his election. Sec. 12. The General Assembly shall provide, by law, for the election of an Attorney General by the people, whose term of office shall be two years, and until his successor shall have been elected and qualified. Sec. 13. The qualified electors of each judicial district shall, at the time of the election of District Judge, elect n District Attorney, who shall be a resident of the district for which he is elected, and shall hold his office for the term of four years, and until his successor shall have been elected and qualified. Sec. 14. It shall be the duty of the General Assembly to provide for the carrying into effect of this article, and to provide for a general system of practice in all the Courts of this State. ARTICLE 6.-MILITIA. Section 1. The militia of this State shall be composed of all able-bodiel white male citizens between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained, as the General Assembly may provide by law. Sec. 2. No person or persons conscientiously scrupulous of bearing arms shal l be compelled to do militia duty in time of peace: Provided, That such person or persons shall pay an equivalent for such exemption in the same manner as other citizens. Sec. 3. All commissioned officers of the militia, (staff officers excepted), shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor. Section 1. Thle m ilitia of this Stat e shall be composed of al l a ble-bodied white male citizens between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained, as the General Assembly may provide by law. Sec. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace: Provided, That such person or persons shall pay an equivalent for such exemption in the same manner as other citizens. Sec. 3. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor. h I I 1I I 1083 OLD CONSTITUTION. (See section 5.) AITTICLF, 6.-MlLITIA. CONSTITUTIONS. OLD CONSTITUTION. ARTICLE 7.-STATE DmEBTS. Section 1. The credit of the state shall not, in any manner, be given or loaned to, or in aid of any individual, association, or corporation; and the state shall never assume, or become responsible for, the debts or liabilities of any individual, association or corporation, unless incurred in time of war for the benefit of the state. Sec. 2. The state may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contin ge nt, whethe r con tracte d by virt ue of one or more acts of the General Assembly, or at different periods of time, shall never exceed the sum of two hundred and fifty th ousand dollars; and the money arising from the creation of s uch debts, shall be applied to the purpose fo r which itwasobtained, or to repay the debts so contracted, and to Lo other purpose wha tever. Sec. 3. All losses to the permanent S chool or University fund of this State, which shall have been occasioned by the defalcation, mi sma nage - ment or frau d of the agents or offic ers controlling n and managing the same, shall be audited by the proper authorities of the State. The amount so audited shall be a permanent funded debt against the State, in favor of the respective fund sustaining the loss, upon which not less than six per cent. annual interest shall be paid. The amount ofliability so created shall not be counted as a part of the indebtedness authorized by the second section of this article. Sec. 4. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever. Sec. 5. Except the debts hereinbefore specified in this article, no debt shall hereafter be contracted by, or on behalf of this State, unless such debt shall be authorized by some law for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal of such debt, within twenty years from Section 1. The General Assembly shall not in any manner create any debt or debts, liability or liabilities, which shall singly, or in the aggregate, with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion or suppress insurrection, unless the same shall be authorized by some law for some single object or work to be distinctly specified therein; which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years of the time of the contracting thereof, and shal1 be irrepealable until the principal and the interest thereon shall be paid and discharged; but no such law shall take effect, until at a general election it shall have been submit ted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. 1084 NEW CONSTITUTION. ARTICLE 7.-STATF, DII;BTS. i CONSTITUTIONS. OLD~~~~ ~ ~ ~ COSIUIN E OSIWIN the time of the contracting thereof; but no such law shall take effect until at a general elec tion it shall have been submitted to the peo ple, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall Le applied only to the specific object therein stated, or the payment of the debt created thereby; and such law shall be published in at least one newspaper in each county, if one is published therein, throughout the State, for three months preceding the election at which it is submitted to the people. Sec. 6. The Legislature may, at any time, after the approval of such law by the people, if no debt shall ha, e been contracted in pursuance thereof, repeal the same; and may, at any time, forbid the contracting of any further debt, or liability under such law; but the tax imposed by such law, in proportion to the debt or lia bility, which may have been contracted in pursuance thereof, shall remain in force and be irrepealable, and be annually collected, until the I principal and interest are fully paid. Sec. 7. Every law which imposes, continues, or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object. A.RTICLE S.-INCORPOtATIONS. ARTICLE S.-CORPORATIONS. Sec. 1. No corporate body shall hereafter be Section 1. No corporation shall be created created, renewed or extended, with the privi- by special laws; but the General Assembly shall lege of making, issuing, or putting in circula- provide, by general laws, for the organization of tion, any bill, check, ticket, certificate, promis- all corporations hereafter to be created, except sory note, or other paper, or the paper of any as hereinafter provided., bank, to circulate as money. The General As- Sec. 2. The property of all corporations for sembly of this state shall prohibit, by law, any pecuniary profit, shall be subject to taxation, the person or persons, association, company, or cor- same as that of individuals. poration, from exercising the privileges of bank- Sec. 3. The State shall not become a stocking, or creating paper to circulate as money. holder in any corporation, nor shall it assume Sec. 2. Corporations shall not be created in this or pay the debt or liability of any corporation, state by special laws, except for political or unless incurred in time of war for the benefit of municipal purposes; but the General Assembly the State. shall provide by general laws, for the organiza- Sec. 4. No political or municipal corporation tion of all other corporations, except corpora- shall become a stockholder in any banking cortions with banking privileges, the creation of poration, directly or indirectly. which is prohibited. The stockholders shall be Sec. 5. No act of the General Assembly, ausubject to such liabilities and restrictions as thorizing or creating corporations or associashall be provided by.law. The state shall not, tions with banking powers, nor amendments directly or indirectly, become a stockholder in thereto shall take effect, nor in any manner be any corporation. in force, until the same shall have been submit 137 1085 OLD CONSTITUTION. NEW CONSTITIUTION. CONSTITUTIONS. ONEIVW CON-STITUTIO)N. ted separately, to the people, at a general or special election, as provided by law, to be held not less than three months after the passage of the act, and shall have been approved by (- majority of all the electors voting for aId ngainst it at such election. Sec. 6. Subject to the provisions of the foregoing section, the General Assembly may also provide for the establishment of a State Bank with branches. Sec. 7. If a State Bank be established, it shall be founded onl an actual specie basis, and the branches shall be mutually responsible for each others' liabilities upon all notes, bills, and other issues intended for circulation as money. Sec. S. If a general banking law shall be enacted, it shall provide for the registry and couintersigning, by an officer of State, of all bills, or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the State Treasurer, in United States stocks, or in interest-paying stocks of States in good credit and standing, to be rated at ten per cent. below their average value in the city of New York, for the thirty days next preceding their deposit; aid in case of a depreciation of any portion of said stocks, to the amount of ten per cent on the dollar, the bank or banks owning said stocks shall be required to make up said deficiency by depositing additional stocks; and said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer, and to whom. Sec. 9. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities, accruing while he or she remains such stockholder. Sec. 10. In case of the insolvency of any banking institution, the bill-holders shall have a preference over its other creditors. Sec. 11. The suspension of specie payments by banking institutions shall never be permitted or sanctioned. Sec. 12. Subject to the provisions of this article, the General Assembly shall have power to amend or repeal all laws for the organization or creation of corporations, or granting of special or exclusive privileges or immunities, 1086 01.,D CO-NSTITUTIO-N. II t i II 4 I CONSTITUTIONS. .NEW CONSTI1TUTION. by a vote of two thirds of each branch of the General Assembly; and no exclusive privileges, except as in this article provided, shall ever be granted. AR'TICLE D.-ED-UCAT/_ON AN-D SCHOOL LANXDS. ARTICL,E 9.-EDUCATION AND SCIIOOL LANDS. lst.-Education. Sec. 1. The General Assembly shall provide for Section 1. The educational interest of the the election, by the people, of a Superintendent State, including Common Schools and other of Public Instruction, who shall hold his office educational institutions, shall be under the manfor three years, and whose duties shall be pre- agement of a Board of Education, which shall scribed by law, and who shall receive such consist of the Lieutenant Goveynor, who shall compensation as the General Assembly may be the presiding officer of the Board, and have direct. the casting vote in case of a tie, and one mem ber to be elected from each judicial district in the State. Sec. 2. No person shall be eligible as a mem ber of said Board who shall not have attained the age of twenty-five years, and shall have been one year a citizen of the State. Sec. 3. One member of said Board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this constitution, the Board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and one half of the Board shill he chosen every two years thereafter. Sec. 4. The first session of the Board of Edu cation shall be held at the Seat of Government, on the first Monday of December, after their election; after which the General Assembly may fix the time and place of meeting. Sec. 5. The session of the!oard shall be lim ited to twenty days, and but one session shall be held in any one year, except upon extraor dinary occasions, when, upon the recommenda tion of two thirds of the Board, the Governor may order a special session. Sec. 6. The Board of Education shall appoint a Secretary, who shall be the executive officer of the Board, and perform such duties as may be imposed upon him lby the Board, and the laws of the State. They shall keep a journal of their proceedings, which shall be published aind distributed in the same manner as the journals of the General Assembly. Sec. 7. All rules and regulations made by the Board shall be published and distributed to the several counties, townships, and school dis 1087 OLD CO-NSTITUTION. 0 CONSTITUTIONS. ONEW CONSTITUTION. tricts, as may be provided for by the Board, and when so made, published, and distributed, they shall have the force and effect of law. Sec. 8. The Board of Education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools, and other educational institu tions, that are instituted to receive aid from the School or University fund of this State; but all acts, rules, and regulations of said Board may be altered, amended, or repealed by the General Assembly; and when so altered, amended, or repealed, they shall not be reenacted by the Board of Education. Sec. 9. The Governor of the State shall be, ex-officio, a member of said Board. Sec. 10. The Board shall have no power to levy taxes, or make appropriations of money. 9 Their contingent expenses shall be provided for by the General Assembly. Sec. 11. The State University shall be estab lished at one place, without branches at any other place, and the University fund shall be applied to that institution, and no other. Sec. 12. The Board of Education shall pro vide for the education of all the youths of the State, through a system of common schools; and such schools shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school, may be deprived of their portion of the school fund. Sec. 1o. The members of the Board of Education shall each receive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the General Assembly. Sec. 14. A majority of the Board shall constitute a quorum fir the transaction of businesss but no rule, regulation or law, for the regulation and government of common schools or other educational institutions, shall pass without the concurrence of a majority of all the members of the Board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the Board shall be, "Be it enacted by the Board of Education of the State of Iowa." Sec. 15. At any time after the year one thousand eight hundred and sixty-three, the General Assembly shall have power to abolish or re-organize said Board of Education, and provide for the educational interest of the State in any other manner that to them shall seem best and proper. 1088 OLD CO-NSTITUTION. 0 (See section 3.) I t I m CONSTITUTIONS. NEW CONSTITUTION. 2nd. —School Funds and School Lands. Section 1. The educational and school funds and lands, shall be under the control and management of the General Assembly of this State. Sec. 2. The University lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the State University. The interest arising from the same shall be annually appropriated for the support and benefit of said University. Sec. 3. The General Assembly shall encour age, by all suitable means, the promotion of in tellectual, scientific, moral, and agricultural im provement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State, for the support of schools, which may have been, or shall hereaft e r be, sold or disposed of, and th e five hundred thousand acres of lan d granted to the new States, un der an act of Congress, distributing the proceeds of the public l ands among th e s everal State s o f the Union, approved in the year of our Lord one thousand eight hundred and forty-one, and al l e states of de ceased persons who ma y have died without leaving a will or heir, and also such per cent. as has been, or may hereafter be, granted by Cong,ress, on the sale of lands in this State, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of Common Schools throughout the State. Sec. 2. The GeneralAssembly shall encourage,by all suitable umeans, the promo ti on of intellectual, scienti f ic, mo ral and agricultural improvement. The proceeds of all lands that have been, or her eaft er may be, granted by the United S ates to this state, for the support'of schools, which s h all hereafter be sold or dispod o of, and the five hunre sand red thous and acres of land grante d to the new states, under an act of Congress distributing the proceeds of the publ ic l and s among the several states of the Union, approved A. D. 1841, and all estates of deceased persons, who may have died withou t leav ing a will or heir, and also such per cent. as ma y be granted by Congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of wh ich, together with all the rent s of th e un sold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. Se. 3. T he General Assembly shall p rovide f or a system of common schools, by which a school shall be kept up and supported in each school district, at least three mouths itn every year; and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect. Sec. 4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly shall, from time to time, to provide by law. Sec. 4. The money which may have been, or shall be-paid by persons as an equivalent for exemption from military dnty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the Board of Education shall, from time to time, provide. I 1089 OLD CONSTITUTIO-'V. See sec tion 12. ) Educatioor. I CONSTITUTIONS. OSe. 5. The General Assembly shall take Sec. 5. The General Assembly shall takeimea- Sec 5 The Geerl Assembly shall take lires for the protection, improvement, or other measures for the protection, improvement, or disposition of such lands as have been or may other disposition ofsueh lands as have been, or hereafter be reserved or gra.nted by the United may hereafter be reserved, or granted by the States, or any person or persons, to this state, United States, or any person or persons, to this for the use of a uir;versity; anzd the funds accru- State, for the use of a University, and the funds ing fromn the rents or sale of such lands, or from! accruilng from the rents or sale of such lands, or any other source, for the purpose aforesaid, shall be, and remain, a permanent fund, the inteaest of wh ich shall b e applied to the support of said University, for the promotion of literaturre, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University: slhil'l be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches a-s the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvemient and I permanent security of the funds of said university. Sec. 6. The financial tagents ofthe school funds shall be the same, that by law, receive and control the State and county revenue, for other civil purposes, under such regulations as may be provided by law. Sec. 7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the General Assembly. ARTICLE 1 0.-A3E-ND'MENTS TO TILE CO-YSITITUTIO-N. ARPTICLE- 10.-A-IEND)IENTS TO TiiE CON STITUTION. Section 1. Any amendment or amendments to this Constitution may be proposed in either House of the General Assemnbly; and if the same shall be agreed to by a majority of the members elected toe.ach of the two Houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the Genreral Assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each Ilouse, then it shall be the duty of the General Assembly to submit such piroposed amendment or amendments to the people in such manner, and at such time as the General Assembly shall provide; and if the people shall approve and ratify such amend I I 1090 OLD CONSTITUTI,')-N. '\'EW CO'.\'STITUTIO.N. CONSTITUTIONS. 1091 OLD CONSTITUTION. NiEW CONST ITUTION. ment or amendments by a m,jority of the elec toIrs qualified to vote for miembers of the Gen eral Assembly, voting thereon, such amendment or amendments shall become a part of the Con stitution of this State. Sec.'. If two or sore amendments shall be submitted at the same time, they shall be sub mitted in such manner that the electors shall vote for or against each of such amendments separately. Sec. 3,. At the general election to be held in the year one thousand eight hundred and seventy, and in each tenth year thereafter, and also at such time as the General Assembly may, by law, provide, the question:' Shall there be a Convention to revise the Constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the General Assembly; and in case a majority of the electors so qualified, voting at such election for and against such proposition, shall decide in favor of a Convention for such purpose, the General Assembly, at its next session, shall provide by law for the election of delegates to such Convention. Sec. 1. If at any tiie the General Assembly shall think it necessary to revise or amend this constitution, they shall provide by law for a vote of the people for or against a convention, at the next ensuing election for members of the General Assembly. In case a majority of the people vote in favor of a convention, the said General Assembly shall provide for an election of delegates to a convention, to be held within six .months after the vote of the people in favor ".hereof. ARTICLE 11.-MISCELLANEOUJS. Section 1. The jurisdiction of Justices of the Peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars. Sec. 2. No new county shall be hereafter created containing less then four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that area, except the county-of Worth, and the counties west of it, along the northern boundary of this State, which may be organized withiout additional territory. Sec. 3. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount in the aggregate exceeding five per centum on the value of the taxable property within such county or corporation-to be ascertained by the last State and county tax lists, previous to the incurring of such indebtedness. Sec. 4. The boundaries of the State may be Sec. 1. The jurisdiction of Justices of the P eace shall extend to all civil cases (except cases in chancery, and cases where theequestion -of title to any real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars. Sec. 2. No new county shall be laid off hereafter, nor old county reduced to less contents than four hundred and thirty-two square miles. AITTICLD, ll.-'.NII,-iCELLANEO-CS. I iI CONSTITUTIONS. OL COsI-IN NE OSIUIN enlarged, with the consent of Congress and the General Assembly. Sec. 5. Every person elected or appointed to any office shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office. Sec. 6. In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all persons appointed to fill vacancies in office, shall hold until the next general election, and until their successors are elected and qualified. Sec. 7. The General Assembly shall not locate any of the public lands, which have been, or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. Sec. 8. The seat of Government is hereby permanently established, as now fixed by law, at the City of Des Moines, in the county of Polk, and the State University at Iowa City, in the county of Johnson. ARTICLE 12.-SCHIEDULE. Section 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect. Sec. 2. All laws now in force, and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed. Sec. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions, shall be car ried on in the several courts, in the same manner as now provided by law; and all offenses, misdemeanors and crimes that may have been committed before the taking effect of this constitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been had not this constitution been made. Sec. 1. That no inconvenience may arise from the change of a territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, contracts, claims and rights, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this constitution, be issued, under the authority of the territory of Iowa, shall be as valid as if issued in the name of the state. Sec. 2. All the laws now in force in this territory, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assembly of this state. 1092 0 OLD CONSTITUTION. NEW CONSTITUTION. See. 3. The General Assembly shall not locate any of the public lands which have been or may be granted by Congress to this State, and the location of which may be given to the General Assenibly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. ARTLCLE 12.-SCIIEDULE. i i (See section 2.) I (See section 2.) COiNSTITUTIONS. OLD CONSTITUTION. NIw CONSTITUTION. Sec. 4. All fines, penalties, or forfeitures due, or to become due, or accruing to the State, or to any county therein, or to the school fund, shall inure to the State, county, or school fund, in Sec. 3. All fines, penalties and forfeitures accruing to the territory of Iowa, shall accrue to the use of the state. the manner prescribed by law. Sec. 4. A'll recognizances heretofore taken, or which may hereafter be taken, before the organ ization of the judicial department under this constitution, shall remain valid, and shall pass to and may be prosecuted in the name of the State. And all bonds executed to the Governor of this territory, or to any other officer in his official capacity, shall pass over to the governor of the state, orotherproper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecu tions and penal actions which may have arisen, or may arise, before the organization of the jiu dicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the state. Sec. 5. All officers,civil and military, now hold ing their offices and appointments in this'territory under the authority of the United States, or under the authority of this territory, shall continue to hold and execute their respective offices and appointments until superseded under this constitution. Sec. 6. The first general election under this constitution shall be held at such time as the governor of the territory, by proclamation may appoint, within three months after its adoption, for the election of a governor, two representatives in the Congress of the United States, (unless Congress shall provide for the election of one representative,) members of the general assembly, and one auditor, treasurer and secretary of state. Said election shall be conducted ina accordance with the existing laws of this territory: and said governor, representatives in the Congress of the United States, auditor, treasurer, and secretary of state, duly elected at said election, shall continue to discharge the duties of their respective offices for the time prescribed by this constitution and until their successors are elected and qualified. The returns of said election shall be made in conformity to the existing laws of this territory. Sec. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned. Sec. 6. The first election under this constitution shall be held on the second Tuesday in October, in the year one thousand eight hundred and fifty-seven, at which time the electors of the State shall elect the Governor and Lieutenant Governor. There shall also be elected at such election, the successors of such State Senators as were elected at the August election, in the year one thousand eight hundred and fifty-four, and members of the House of Representatives, who shall be elected in accordance with the act of apportionment, enacted at the session of the General Assembly which commenced on the first Monday of December, eighteen hundred and fifty-six. Sec. 7. The first election for Secretary, Auditor, and Treasurer of State, Attorney General, District Judges, Members of the Board of Education, District Attorneys, members of Con 138 1093 OLD CONSTITUTIO NEW CONSTITUTION. CONSTITUTIONS. iNELW CONSTITUTION. gress, and such State officers as shall be elected at the April election, in the year one thousand eight hundred and fifty-seven, (except the Su perintendent of Public Instruction,) and such county officers as were elected at the August election, in the year one thousand eight hun dred and fifty-six, except Prosecuting Attor neys, shall be held on the second Tuesday of October, one thousand eight hundred and fifty eight; Provided, that the time for which any District Judge or any other State or county officer elected at the April election in eighteen hundred and fifty-eight, shall not extend beyond the time fixed for filling like offices at the October election in the year one thousand eight hundred and fifty-eight. Sec. 8. The first election for Judges of the Supreme Court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fiftyseven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fifty-nine. Seo. 9. The first regular session of the General Assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year. Sec. 10. Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shall be elected as may be prescribed by law. Sec. 11. Every person elected by popular vote, by a vote of the General Assembly, or who may hold office by Executive appointment, which office is continued by this constitution, and every person who shall be so elected or appointed, to any such office, before the taking effect of this constitution, (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been or may be elected or appointed shall expire; but no such person shall continue in office after the taking effect of this constittttion, for a longer period than the term of such office, in this constitution prescribed. Sec. 12. The General Assembly, at the first session under this constituti on, shall district the state into eleven judicial districts, for District Court purposes; and shall also provide for the Sec. 7. Until the first enumeration of the inhabitants of this state, as directed by this constitution, the following shall be the apportionment of the General Assembly: The county of Jefferson, one Senator and three Representatives. The county of Lee shall be entitled to two Senators and five Representatives; The county of Van Buren, two Senators and four Representatives; The counties of Davis and Appanoose, one Senator and one Representative, jointly; The counties of Wapello and Monroe, one Senator jointly, and one Representative each; The counties of Marion, Polk, Dallas and Jasper, one Senator and two Represe ntat ive s, jointly; The county of Des Moines, two Senators and four Representatives; The county of Henry, one Senator and three Representatives; The counties of Louisa and Washington, one Senator jointly, and one Representative each; The counties of Keokuk and Mahaska, one senator jointly and one Representative each; The counties ofl,quscatine, Johnson and Iowa, one Senator and one Representative jointly, and 1094 OLD CO-NSTITUTION. CONSTITUTIONS. OLD GONSTITUTIaN. EW CONSTITUTION. Muscatine one Representative, and Johnson and Iowa one Representative jointly; The counties of Scott and Clinton, one Senator jointly, and one Representative each; The co unti es of Ce dar, Linn and Benton, one Senator jointly; the county of Cedar, one Representative, and the counties of Linn and Benton, one Representative jointly; The counties of Jackson and Jones, one Senator and two Representatives; The counties of Dubuque, Delawere, Clayton, Fayette, Buchanan, and Blackhawk, two Senators and two Representatives jointly; And any county attached to any county for judici al purposes, shall, unless otherwise provided for, be considered as forming part of such county for election purposes. Sec. 13. The foregoing constitution shall be submitted to the electors of the state at the August election, in the year one thousand eight hundred and fifty-seven, in the several election districts in this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution -" New Constitution-Yes." Those againstthe constitution, "New Constitution-No." The election shall be conducted in the same manner as the general elections of the state, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the Code; and abstracts shall be forwarded to the Secretary of State, which abstracts shall be canvassed in the maner provided for th e canvass of state officers. And if it shall appear that a majority of all the votes cast at such election for and against this constitution are in favor of the same, the Governor shall immediately issue his proclamation stating that fact, and such constitution shall be the constitution of the State of Iowa, and shall take effect from and after the publication of said proclamation. Sec. 14. At the same election that this constitution is submitted to the people forits adoption or rejection, a proposition to amend the same by striking out the word "white," from the article on the "Right of Suffrage," shall be separately submitted to the electors of this state for adoption or rejection, in manner following: $ A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box "and those given for the adoption of such proposition shall have the words, " Shall the word ",white' be stricken out of the article on the' Right of Suffrage?'. Yes" And those given against the proposition shall have the words, "Shall the word'white' be stricken out of the article on the'Right of Suffiage?' No." And if at said election the number of ballots cast in favor of said proposition, shall be equal to a majority of those cast for and against this constitution, then said word " white" shall be stricken from said article and be no part thereof. Sec. 15. Until otherwise directed by law, the county of Mlills shall be in and a part of the Sec. 8. The first meeting of the General Assembly under this Constitution shall be at such times as the Governor of the territory may by proclamation appoint, within four months after its ratification by the people, in Iowa City, in Johnson county, which place shall be the seat of government of the State of Iowa, until removed Sixth Judicial District of this state. 1.095 0 OLD CONSTITUTION. NEW CO,ISTITUTION. apportionment of the members of tlie, General Assembly, in accordance with the provisions of this constitution. by 1,,tw. CONSTITUTIONS. NE~W CONSTITUTION. Done in convention at Iowa City, this eighteenth day of Maly, in the year of our Lord one thou sand eight hundred and forts-six, and of the Independence of the United States of America, the seventieth. In testimony whereof, we have hereunto subscr-ibed our names: Done in Convention, at Iowa City, this fifth day of Maarch, in the year of our Lord one thou sand eight hundred and fifty-seven, and of the independence of the United States of America, t he eighty-fis rst. In testimony whereof we have hereunto sub ENOS LOWIE, President. our names. Timothy Day, S. G. Winchester, David Bunker, D. P. Palmer, GDeo. W. Ells, J. C. Hall, John H. Peters, Wm. H. Warren, H. W. Gray, Robert Gower, H. D. Gibson, Thomas Seely, A. H. Marvin, J. H. Emerson, R. L. B. Clarke, James A. Young, D. H. Solomon, FRANCIS Joseph H. Hedrick, Sylvester G. Matson. S. B. Shelledy, James Grant, George Hobson, Wm. G. Coop, Samuel A. Bissell, Wareham G Clark, John J. Selman, John Conrey, H{. P. Iiaun, Sanford Ilarned, G. W. Bowie, William Steele, F. K. O'FerraU, M. W. Robiiison, Lewis Todhunter, John Edwards, J. C Traer,. James F. Wilson, Amos Harris, John T. Clark, S. Ayres, Harvey J. Skiff. J. A. Parvin, W. Penn. Clar ke, Jer. Hollingworth, Wm. Patterson, D. W. Price, Alpheus Scott, George Gillaspy, Edward Johnston. SPRINGER, President. T. J. SAUNDERS, Sec'y. E. N. B&,r;s, Ass't Sec'y. Attest, Wm. T~omPros, Seoretary. I I 1096 STITUTION. 0 OLD Thomas Dibble, Erastus Hoskin, David Galla-nd, Sulifand S. Ross, Shepherd Leffler, Curtis Bates, John Ronalds, Socrates H. Tryon, William Hubbell, George Berry, Josiah Kent, Stewart Goodrell, David Olmstead, Alvin Saunders, T. MeCraney, J. Scott Richman. Attest, I NDE Xe Harris, Palmer, Peters, Scott, Accounts and expenditures; appointment of committee upon 741, 743 Accounts and expenditures; addition of two members to committee upon 958 remarks of Solomon, Traer, Young, Administrators; resolution of enql in relation to the sale of real estate by, Age of the Governor, remarks of MIr. Clark of Alamakee, Clarke of Henry; Gillaspy, Marvin, Mr. Clark of Alamakee, 959, 962 Clarke of Johnson, 958, 959, 961, 962 Gibson, 958, 959, 960, 961 Gillaspy, 959 Price, 959 Scott, 959 Young, 9 58 Accounts and expenditures; reports from committee upon, 758, 1025, 1026 Accusations; accused to be furnished with a copy of, 64, 99, 119, 201 Acquittal; persons not to be tried a second time for the same offence after, 99, 125, 201 Acts of the Legislature of 1855 and'56 to be furnished to members, 10 Adjournment of General Assembly by the Governor, 77, 585 Adjournment over till May, 496 remarks of Mr. Edwards, 497 Gillaspy, 498, 499 Hall, 499 Harris, 500 Marvin, 499 Peters, 496 Wilson, 498, 499 Adjournment s8ne die, 360, 478, 502, 1012, 1065 Solomon, 580 e of members of the Board of Educa 78, 768, 816, 937, remarks of — Mr. Clarke of Johnson,, Hall, Skiff, 503 503 503 502 502 502 503 A. 582 581 581, 582 581 580, 582 582 580 580, 581 580 77, 580 Palmer, Parvin, Skiff, Scott, Solomon, Age of Lieutenant Goverimr, remarks ofMr. Clark of Alamakee, Clarke of Henry, Gillaspy, Marvin, Palmer, Parvin, Scott, Skiff, .tion, 938 937 768 remarlc,y ofMr. Clarke of Henry, 502, 504 INDEX. PAGE. PAGE Wilson, 610, 616, 619, 620, 621, 622, 623 625, 626, 1031, 1032 Winchester, 603, 604 ird reading of the report from, 1 0 -D0 Traer, 937 Age of members of the House of Representatives, 83, 515 Age of officers of the state, 47 Age of persons to serve in the militia, 628, 640 third reading of the report from, 1 03-D0 yeas and nays upon final passage of the report from, 1033 Amendment of the rules, 26, 34, 37, 48, 64, 87, 118 Mr. Johnston, Skiff, 4 Mr. Clarke of Henry, Hall, Traer, Wilson, Annual sessions of the general assembly, Appeals-resolution in relation to court Age of scholars in common schools, 79 Age of Senators, 30, 83, 516, 517 Mr. Gillaspy, 516 Age of voters, 36, 860 Agents of the school fund, 78, 772 Alleys; provision in relation to vacating, 48, 84, 531 Allowing railroad employees to vote, 813 Allowing Students to vote, 665, 869 Appointment of door-keeper pro tem, Appointment of fireman pro tern, Appointment of messengers pro tern, Appointment of reporter, Appointment of secretary pro tem, Appointment of sergeant-at-arms pro tern, Appointment of committee on credentials, Appointment of committee to conduct President elect to the chair, appointment of, report upon the appointment of, appointment of, resolutions of inquiry referred to, Appointment of committee on reporting and publishing the debates, 11 Appointment of standing committees of the convention, 10, 19, 21, 22 report from, minority report from, consideration of the report from, Mr. Johnston, 19 Wilson, 19 Appointment of the s pecial committee upon the basis of representation, 62, 74 Mr. Bunker, 605 Clark of Alamakee, 607, 608, 609, 610, 640 Clarke of Henry, 612, 616, 618, 620 626, 640, 1031, 1032 Clarke of John son, 603, 616, 617, 618 620, 621, 639, 640 Gibson, 603, 612, 615, 618, 623,626, 1032 Gillaspy, 604, 607, 608, 60 9 Gower, 615 Hall, 615,, 61 1 6 17, 621, 622, 623, 624, 6 25, 1031, 1032 Harris, 604, 606, 613, 614, 1031, 1032 Marvin, 619, 620, 1031 Palmer, 611, 626, 639, 640 Parvin, 622 Scott, 606 Solomon, 611, 1031 Traer, 604, 607, 624, 625, 039 rS, harks ofMr. Clarke of H enry, Hall. Harris, Johnston, Parvin, Solomon, Traer, Appointment of the special committee upon the bill of rights, 2 PAGE. PAGE Solomon, 7 c, 8 937 remark8 of 641 641 641 remarks of 48 49 49 49 30 Traci-, remarks of of, 64 Appointment of assistant secretary pro tem, 5 5 5 11 remarks of 5 5 5 iNIr. Gower, Marvin, Amendments to the constitution, c mittee upon; resolution in relation to .665, 869 665 6 ; 1019 21 22 33, 34 36 80 602 remar7c8 of remark8 Of 63 62 2, 63 62 63 63 63 223 remarks of I.iJr. Bunker, Clarke of Henrv, Hall, 223, 225 223, 224 223, 224, 225 224 223, 226 226 Harris, Johnston, Marvin, JNDEX. 3~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PAGE Assistant secretary, E. N. Bates, appointed pro tem, 5 Assistant secretary, E. N. Bates, elected, 7 Assistant secretary, J. C. Burns, nominated for, 7 Assistant secretary, rate of per diem of, 759, 1025 Assistant secretary, amount per diem of, 1050 Assumption of the school fund by the State, 47, 772 Attainder, legislature to pass no bill of, 100, 129, 208 Attorney General, term of office of, 77, 588 Attorney General, liable to impeach remarks of M[r. Clarke of Henry, 218 Edwards, 218 Gillaspy, 218 Hall, 218 Harris, 218 Palmer, 218 Warren, 218 Apportionment of representation, 10, 84, 540, 1011, 1013 ment, 83 Attorney General, election of, 116, 478 Attorney General, salary of, 550, 554 Attorney General, first election of under new constitution, 914, 996 Attorneys, district prosecuting, 38, 260,456, 475 Auditor of State, term of office of, 77,588 Auditor of State, liable to impeachment, 83, 527, 551 Auditor of State, salary of, 84, 550, 555, 578 Auditor of State, first election under new constitution of, 914, 996 Mr. Clarke of Henry, 1015, 1016 Clarke of Johnson, 1013, 1014, 1015 Marvin, 1016 Skiff, 1011 Traer, 540, 1014, 1015 Wilson, 1015 Apportiontment of senators, 84, 540, 552, 1011 remarks of Mr. Clarke of Henry, 1011 Wi lson, bs 1011, 1012 Apportionment under the new constitution by first general assembly remarks of appointed upon the standing committee upon the executive department, appointed upon the standing committee upon state debts, credentials of, mileage of, nominated J. Page for door-keeper, offered resolution s of inquity upon city and county indebtedness, Mr. Wilson, 998 Winchester, 998 Appropriations from the treasury, to be in pursuance of laws, 84, 528 Approval of bills by the governor, 35, 77, 83, 525, 589, 596, 1012 remarks uponcity and county indebtedness, 291, 292, 297 removal of convention from Iowa City, 61 resolution of inquiry, 32 Army, governor to be commander-inchief of, 77, 583 Army, in time of peace, no standing, 99, 126, 202 Army, in time of war, appropriations not to extend beyond two years for, 99, 126, 202 Articles of the constitution referred to their appropriate committees, 23 Assembling of the conve ntion, on first day of the session, 5 Assessment of taxes, 48, 84, 531 Bail, excessive bail not to be required, 99 126, 202 Bail, to be received before conviction, except for capital offenses, 99, 125 Ballot, elections to be by, 36, 869 Bank bills, issued by other than banks, 97, 403, 420 A I i I 1NDEX. 3 PAGE Parvin, Patterson, 224 225 223 224 Todhunter, Wilson, Appointment of incorporations special committee upon remarks of ,A,lr. Clarke of Henry, Parvin, IVinchester, Appointment of special committee upon the ri,,ht of suffra,,e 429 785 785 remar7c.3 of Mr. Clarke of Henry, AYERS, -,QUIRE. 2 1 22 6 1025 7 41 B INDEX. Bank bills, to be registered and countersigned, 96, 344, 775 Banking corporations, under general laws, 96, 344, 362, 419, 775 reremarks of Mr. Clarke of tleiry, 404, Clarke of Johnison,ii Da3y, Johnlston, Palmner, Skiff, Wilson, Banking laws; submission to ple of, 97, 405, remnark s o fMIr. Clarke of HIenry, Clarke of Johnson, Edwards, Ells, Mr. Clark of Alamakee, Parvin, Banks; suspension of specie o3347, 350, 353, 358, 359, 779 346, 791, 792 3-44, 346, 351, 789 347, 348 356 354 350, 363, 794 363 346, 348, 350, 352, 353, 357, 359, 774 Mr. Palmer, Traer, Banks; transfer of stock iI Banks; depreciation of sto Banks; preferred creditors o remarks of Mr. Clark of Alamakee, Clarke of Henry, Ells, Gillaspy, Hall, Harris, Marvin, Parvin, Skiff, 396, 39 Solomon, Traer, 398, 39 Young,, Basis of representation; appointment oi special committee upon, remarks of Mr. Clarke of Henry, Hall, Banks; liabilities of stockholders in, 95, 363, 419, 785 Johnston, Parvin, Solomon, remarks ofMr. Clark of Alamakee, Clarke of Henry, Traer, Basis of representation lation to, remark Mr. Clarke of Henry, Hall, Harris, Marvin, 1 554, 555 546, 545, 554, 5"/8 548 544, 546, 554 546, 549, 577, 578, 579 ,4:'I,, 5,54, 578, Parvin, Scott, Traer WNilson, Banking laws; repeal of, 4 P A G.",' PA-(-',E. 1 40 6, -i -i 3, 774 404, 713 406 40 C, 404 404 -4,:04, 405, 406 remark-s of Emerson, Gibson, Gillaspy, Gower, Hall, 7 7 91 7 73 payment 9-i, 403, 427 by, 9-ema)-!,-s of 175 Harris, ,47 34.-7, 354 357 Johnston, Parviu, Peter6,,, Skiff, 346 349, -i 91 358, 175, 189 96, 344 Solomon, Wilson, 355, Bank, State and branches, remarks Air. Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gibson, Gower, Hall, Harris, ParviD, '87, 389 373, 859 880 381, 382, 384, 389 374 '73 i-, i, 374, 377 3-i3, 374, -.86, 389 375,383,389 1173, 385 390 Scott, 390 3 i 3 384,.-,85, 85, 8-09 382 Solomon, Traer, , lilson, 63 62 62, 63 Young, Harris, 62 63 63 63 ,,Io, 37i, 786 364, 368, 30, 789 363,364,36G,789 786 788 372,786,787 785, 788 85 -i87, 788, 789 363,370 )'i. 1,05. (,49 Clarke of Johnson, Emerson, .',Nlarvin, Palmer, Parvin, Solomon, Ti-acr, INDEX. PAGE. Bill of rights; petitions and resolutions of enquiry referred to committee upon, 21, 39, 80, 115, 396 report from special committee upon, 652 report from standing committee upon 64 taint secretaryp-po tent, 5 elected permanent secretary) 7 rate of per diem of, t59, 1025 Amount of per dice, 1050 Biennial sessions of the general assembly, 8 2, 510, 558 Mr. Clatrke of Johnson, Ells, Bill of rights; third reading of article upon, yeas and nays upon final passage of article upon, 1008 Bills of the legislature; to be approved by the governor, 35, 77, 83, 525, 589,596, 1012 may originatein either house of the general assembly, 83, 525 may be amended, altered, or rejected by either house, 83, 525 to be passed by a majority of all elect ed to each house, 83,527 to be signed by the Speaker of the House and President ofthe Senate, 83,525 Bittman, John; employed to translate and print the constitution in German, 973, 975 compensation of, 1051 Board of education; establishment of, 39, 78 720, 743, 766, 815, 871, 934 remarks ofAMr. Clarke of Johnson, remarks ofMr. Clark of Alamakeo, Clarke of Henry, Ells, Gillaspy, HTall 398 398, 402, 790 790 396, 397, 399 403 398, 399, 400 396, 399, 400 399 Iarris, Johnston, Mlarvin, Palmer, Scott, Skiff, Young, Bill of rights; appointment ing committee upon, Bill of rights; appointment committee upon, Board ofeducation; age of Members of, 78 768, 816, 937, remarks of 2Mr. Clarke of Johnson, 938 4 Hall, 937 Skiff, 768 Solomon, 768 Traer, 937 Board of education; provision in relation to a chancellor of, 78,770,837 compensation of members of, 79, 772, 825 5 PAGE Bt-ttes, Ellsworth, N.; appointed assis ?,e,ntarlcs of 103 100 rentarls A-fr. Clarke of Henrv, Clarke ofjohnson, 6 1.3, C, C 0, 5 6 2, 5 6 ',' 561 511 611, 561 566 510, 5 6 C, ,5 I 0, 512, 559 .511, 513, 564 612, 566 .. 510, 61.1 610, 559 660 563 562 1006 Edwards, Gibso.,i, Gillaspv,I Gower, Hal',, Harris, ,Al-,irvin, Palmer, Pari-in, Ti-,-,er, AVilson, 563 AVinchester, 562 holders to be preferred creditors of ,97, 896, 7go banks, 397,400,791 401 o'97 402 12 —, 7'2, 744 Edwards, j', I I S, Gower, Ilall, 396, 397, 401, 190 Harris, ,I-'Larvin, Parvin, Skiff, Solomon, Traer, Wilson, of stand 10, 19, 21 of special Solonion, Todhunter, Wilson, 223 remarks of illr. Bunker, Clarke of Henry, Hall, 223, 225 223, 224 223, 224, 225 224 223, 226 226 224 225 223 2'-? 4 Harris, Jobnston, 'Nlarvin, Parvin, Patterson, Todhiinter, AVilson, 6 INEX PAE PAGE remarks of Mr. Clarke of Henry, 955 Clarke of Johnson, 963, 957 Hall, 956, 962, 964 Marv in, 964 Parvin, 962 Scott, 955 Skiff, 957 Wilson, 953, 963 Board of education; extra sessions of, 78, 768 816. 938 first session of, 78, 768, 816, 938 Govern or to be a member of, 838, 845, 939 951 length of sessions of, "8, 768, 816, 225, 938 manner of electing, 78, 768 organization of, 78, 768, 816, 938 number of members of, 78, 767, 815 remarks of-| appointed upon committee to draft rules for the convention, appointed upon standing committee upon amendments to the constitution, appointed upon standing committee upon miscellaneous subjects, appointed upon select committee upon incorporations, appointed chairman of the committee of the whole upon the report of the committee on incorporations, mileage of, offered amendment to' bill of rights, in relation to natural rights of man, offered resolution of inquiry in relation to establishment of State Bank and branches, made report from committee on mis cellaneous subjects, report upon credentials of, Mr. Hall, Skiff, Solomon, Board of education; officers of appointment of select committee on bill of rights, 223, 225 city and county indebtedness, 309 competency of witnesses, 199 distribution of debates, 917 districting state for judicial purposes, 876 furnishing members of convention with slips of debates, 29 jurisdiction of justices of the peace, 797 Lee county; division of, 1000 limitation of state indebtedness, 271 location of state capitol and univer remarkt of - M1r. Clarke of Henry, 843, 939,947 Clarke of Johnson, 944 Edwards, 943 Parvin, 942 Scott, 944, 949 Board of education; rules and regulations of 78, 770, 838, 9o8 Board of Education; terms and classification of members of, 78, 768, 816, 931 time and place of meeting of, 78, 768, 938 sity, 934 natural rights of man, 103, 733 number of judges of supreme court, 464 order of business, 223, 288, 881 personal and general explanation, 1064 political parties, their course in regard to slavery, 909 printing journal of the.convention, 978, 979 printing reports of select committee upon the bill of rights, 655 religious tests and competency of wit Bonds pr eviously exec ute d to continue in force under the new constitution, 914, 995 Boundaries of the state, 99, 141, 648, 800 Palmer, 141, 142 Wilson, 142 Bradley, Philip B., nominated for permanent secretary, q Branches of the state bank, to be mutually responsible for each others' issues, 97, 341 419 nesses, removal of convention from Iowa City, repeal of corporations, report of committee on distribution of powers, report of committee upon future amendments to the constitution, INDEX. 6 PAGE PAGE. BUNKER, DAVID, 10 22 22 430 ,829 1025 215 io, 8 16,7 767, 168 -i67, -i68 78, 769, 816, 648 6 remar,'cs vvo?z 938 power and authority of, 18, li-0, 84,11, 939 remar7c,s of Mr. Edwards, Gower, Hall, Harris, 141, 142 141, 143 .141, 142 148 141, 142 142 199 14 165 37 Burns, J. C., nominated for assistant 605 f3ecretary, 7 INDEX. 7 PAGE. PAGE~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ resolution for adjournment sine die on fouth of March, 502, 503 resolution to furnish members with daily newspapers, 74 resolution of inquiry in relation to judicial department, 66 resolution in relation to oath to be taken by members of the convention, 9 size of counties, 800 striking word "white" from the constitution, 908, 909 Business of the convention, manner of conducting, 10, 37, 48, 64, 95 Young, Chancellor of Board of Ed Chaplain of the conventi dent authorized to appoint, Rev. Alpheus Kynett ai compensation of, Remarks q Mr. Clarke of Johnson, Hall, Solomon, Todhunter, Charitable institutions, relation to appointment upon, Edwards, 38 Johnston, 38 Patterson, 38 Traer, 37 Wilson, 88 Business pending in the courts to continue under the new constitution, 914, 994 Calls of the convention, 421, 478, 508, 559, 654 686, 698, 733, 870, 887, 933 Capital offenses not bailable, 99, 125 Capital of the st ate; provision in relation to the permanent location of, 88, 877, 922 1017 City and county indebtedness; resolutions of inquiry in relation to, 34, 47, 94 report of committee upon state debts Capital of the state; provision in rela- uo eouini eaint,5 upon resolution in relation to, 50 provision in relation to, 96, 290, 329, 415 421, 776, 805, 812 remarks of Mr. Ayres, 291, 292, 297 Bunker, 306 Clark of Alamakee, 51, 318, 324, 418, 421 423, 425, 426, 427 777, 808 Clarke of Henry, 52, 301, 325, 343, 344 418, 805, 806 Clarke of Johnson, 50, 51, 52, 304, 305 309, 336, 344, 415 417, 418, 421, 424 425, 426, 427, 776 805 Edwards, 293, 295, 300, 301, 304, 306, 316 330, 335, 421, 422, 423, 42 776 806, 812 Ells, 322 Emerson, 51, 297, 315, 316, 317, 318, 812 Gibson, 424, 810 Gillaspy, 294, 307, 328, 416 421, 777, q78, 805 Harris, 926 Palmer, 877, 933 Skiff, 839 Traer, 1017 Capitol Reporter; Mr. Edwards moved to subscribe for each member of the coivention five copies of, 23 Census of the state; provisions in relation to taking the, 30, 84, 540, 1011 Chairman to be appointed by the Presi 7 INDEX. PAGE. PAGE Chairmen of the committee of the whole Mr. Bunker, Clark of Alamakee, Edwards, Gibson, Gillaspy, G ray, - Harris, 664, 260 430 22 7 598 195 289 860 606 837 re7narks qf Mr. Clarke of Henry, 38 38 22 24 76o 760, 761 ',-60, 161 760 760, 761 resolution in of committee c 96, 118 remarks of 31r. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, 934 928 924, 925 926 877, 930 971, 840 877 922, 125 877, 931 926 877, 933 839 1017 Edwards, Gibson, Gillaspy, Gower, Hall, dent, 20 INDE1X. PAGE. PA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i~~~~~~~~ pers, by reducing the number to ten, offered resolution to admit editors and reporters of state papers to the floor of the convention, offered resolution of inquiry concerning general banking, offered resolution of inquiry in relation to the article upon the judicial department, Ci ty and county indebtedness; provision in relation to offered resolution concerning theper diem of members of the convention, 990 offered resolution that members of the convention return to the Secretary of State the documents that had been furnished to them, 990 personal explanation, 557 ott 31,remarks upon age of Governor and Lieutenant Governor, 582 city and county indebtedness, 51, 318, 324 418, 421, 423, 425, 426, 427, 777, 808 competency of witnesses and religious tests, 191 delay in the publication of the debates, 494, 495, 496 distribution of the debates, 765, 920, 1004, 1005 filling temporary vacancies in district Young, 421 Cities; the legislature to pass no special laws for the incorporation of, 84, 531 Citizens' Library Association of Iowa City; invitation to members of the convention to visit reading-room of, 461 Civil and criminal cases; resolution uf inquiry in relation to change of venue of, 48 furnishing members with slips of debates, 29, 69, 70, 72 furnishing members with fifteen additional daily newspapers, 74, 75, 76 furnishing members with reports of the Supreme Court, 91, 94 giving each editor in the state a copy of the debates, 1027, 1028 Greene's Rerorts of the Supreme Court; purchase of 1052, 1053 guaranteeing to scho ol and univer s ity fund all losses occasioned by fraud or mismanagement of state officers, 278 holding night sessions of the conven appointed upon standing committee upon future amendments to the constitution, appointed upon special committee to ascertain the cause of the delay of the printing of the debates, appointed upon special committee on the school fund, appointed chairman of the committee of the whole upon the resolution to submit to the people the question of striking the word " white" from the constitution, 888 credentials of, 6 mileage of, 1025 moved appointment of a committee to report upon the number and character of the standing committees of the convention, 19 move d to amen d r esolution to furnish members with twenty-five daily newspa 8 PAGE. PAG_E 23 re?nar7cs of — llr. Gower, 290, 294 295 51, 52, 292, 295, 299, 302, 3 O,-, i-,05, 307, 313, 314, 324, 327 '28, 332, 343, 421, 426, 806 291, 301, 306, 313, 329, 425 51, 291, 302, 342, 343, 426, -i76 290,297,312,423 298 3-05, 07, 314, 425 297 317, 318, 417, 805 335 23 Gray, Hall, 39 H,-trris, Johnston, 'Nlarvin, Palmer, Parvin, Patterson, Peters, Price, s Cott, Skiff, 6,t 313, 422 290, 311, 415, 421-il, 427, 808 311, 76, 178 421, 175, 776, 717 51 Solomon, Traer, Warren, Wi'ison, 309, 327, 328, 416, 422 421 courts, 459 CLARK, JOHN T. appointed upon standing committee upon the bill of rights, 21 22 496 ,,-Si tio tric utenant Governor, - 594 itation of debate, I tioi ation of county seats and bouli 533, 5,-6, 537, 552, 555 & aries, 1NI)iX. 9 PA GE residlence of voters, 860, 862 -esidence of memb ers of the General Assembly, 569, 573 resolution instructing committees to location of pub lic l ands by the state, 811 location of state capitol and univer manner of conducting criminal prosecurions, 120, 122, 737 mileage of members of the convention, 986, 987, 988, 989 report by a certain day, 6297 resolution to add two members to the committee onr accounts and expenditures, 959 962 salaries of judges, 480 schools in districts, 818, 821 standing committees of the conveni published, 5 s number of courts, 238, 436, 441, 442, 471l number of judges of supreme court, 46(3 number of judicial districts, 629, 630 oath to be taken by members of the convention, 8 offering of resolutions of inquiry, 33, 87 office of Lieu tenant Governor, 594 order of business, 720, 878, 879, 882, 883 personal explanation, 557 political parties upon the question of tion, 19 State boundaries, 142 stockholders in banks, 370, 371, 786 striking the word "1 white" from the constitution, 709 submission of banking laws to the people, suppression of debate upon removal of convention from Iowa City, supreme judges; number of, temporary court for trial ofjudges and state officers, term of office of district judges, trial by jury, voters; resi den ce of, 860, "white"; striking from the constitu slavery, 709 postage of the convention, 1050 preferred creditors of banks, 397, 400, 791 printing reports of special committee on the right of suffrage, 663 printing journal and constitution, 973, 974 981 private property taken for roads, 126, 127 128 private property taken for public uses, 217 413 CLARKE, R. L. B. appointed upon committee in relation to the employment of a reporter, 11 appointed upon committee to report the number and character of the standing committees of the convention, 20 appointed upon standing committee on thejudicial department,, 22 appointed upon standing committee upon incorporations, 22 appointed upon special committee upon the bill of rights, 226 appointed upon special committee on the right of suffrage, 219 appointed upon special committee in relation to the proper disposition of the school fund, 781 credentials of, 6 dissented from majority report of committee on the judicial department, 116 gave notice of amendment of the rules, 34 made report from committee on cre removal of convention from Iowa City, 17 re-organization of judicial districts and courts, * 460, 635, 636, 637 repeal of corporations, 106, 107, 111, 113 114, 156, 411 report of the committee on the distri bution of powvers, 37 report of the committee on amendments to the cons titution, 607, 608, 609, 610, 640 INDEX. 1)I PAGE. sity, 928 natural rights of man, night sessions of the convention, number of copies of debates to be 7 7 3 35 463 457 474 119 862 709 tion of word, appointed upon committee on creden 5 tials, prohibition of articles of manufacture and sale, public lands located by the state, publication of the debates, 28, 44 punishment of frauds in banliin,, purchasing Greene's I' cports of the Supreme Court, 1052, 1 reference of resolution of inquiry in relation to the judicial department., 615 reference of resolution of -'Inquiry in relation to the bill of ri,hts, reli,ious tests and competency of wit 80 191 17 nesses, 6 deiiti,,ils, INDEX. appointment of special committee on basis of representation, 63 appointment of special committee on 28 bill of rights, 223, 224, 225, 226 appointment of special committee on I the article upon incorporations, 429 miad e r eport from committee upon the subject of reporting the debates of the conventioiin made report from the committee upon the number and character of the standing committees of the convention, made report from committee on incor appointment of special committee on right of suffrage, 218 apportionment of senators, 1011 apportionment ofrepresentation, 1015, 1016 basis of representation, 554, 555 biennial sessions of the general assembly, 513, 560, 562,563 census and apportionment, 1011 city and county indebtedness, 52, 301, 325, 343, 344, 418, 805, 806 made report from special committee on the bill of rights, 651 made report from special committee on the right of suffrage, 649 mileage of, 1025 moved amendment in relation to the rights of persons not citizens, other than foreigners, 129 offered a provision in relation to common law in this state, 213 offered a resolution in relation to the appointment of a reporter, 10 offered a resolution of inquiry in relation to the office of Lieutenant Governor, 39 offered resolutions of inquiry in rela ken for public uses, 413 competency of witnesses, 172, 174, 176, 179 184, 185, 198, 200, 734 delay in the publication of the de bates, 494, 496 disposition of the school fund, 848, 1002 distribution of the debates, 765, 921, 1005 elections to fill vacancies, 801 election of judges of the supreme court, 453, 454 eligibility to general assembly, 527, 528,576 expenses of board of education, 951, 965 966 filling vacancy in the office of governor, 587 furnishing members with twenty-five daily newspapers, 23 furnishing members with additional newspapers, 75 furnishing members with reports of the supreme court, 89, 93 general banking, 347, 350, 353, 358, 359 779 offered resolution in relation to the manner of committees making their reports, offered resolution in relation to incorporating into the journal resolutions of inquiry, &c., offered resolution of inquiry in relation to elections and voters, offered resolution in relation to manner of drawing seats in senate chamber, prese nted petition that no person be disfranchised on account of color, giving each editor in the state a copy of the debates, guaranteeing to school and university funds all losses in consequence of the fraud or m ismanagement of s tat e ffficers7 holding night sessions of the conven remarks upon — adjournment sine die on the fourth of March, 502, 504 age of governor and lieutenant gover impairing the right of property, impeachment of state officers, journal-entering resolutions of inquiry, &c., upon, 0 10 PAGE. PAGE CLAP,KE, R. L. B. porations, made report from the committee on incorporations, upon resolution of inquiry, made report from the committee on the judicial department, 45 81 offered resolution of inquiry in relation to the article on the legislative department, offered resolution of inquiry in relation to the article on the judicial department, 45 81 52 64 80 1027 82 279 115 tion, 573 208 574 nor, 681 48 amendment of the rules, 85 INDEX. PAGE PAGE~~~~~~~~~~~~~~~~~~~~~~~~~ printing reports of special committee on right of suffrage, 660 printlng journal and constitution, 975, 981 982 private property taken for public uses, 203 205, 206, 207 prohibition of articles of manufacture and sale, 209 publication of debates, 28, 42 punishment of frauds in banking, 392 re-outig e ot sei committing report of judiciary commi tte e to said committee, 256, 257, 258 re-committing report on education and school lands to s ai d committee, 855, 857 reference of article on bill of rights to special committee, 223, 224, 225, 226 reference of article on right of suffrage to special committee, 218 reference of article on incorporations to special committee, 429 reference of resolution of inquiry in relation to word " white " in the co ns titution, 46 judicial districts-number of, 829, 633 Lee county-division of, 1000 liability of stockholders in banks, 364, 368 370, 789 lieutenant governor, 591, 595, limitation of debate, 362, 500, 501 limitation of state indebtedness, 266, 267 268, 272 location of state capitol and univer sity, 924, 925 location and change of county seats and boundaries, 535, 539, 552 mnaking comrmon schools free of charge, 970 manner of conducting business of the convention, 38 manner of conducting criminal prose cutions, &c., 121, 123, 124, 201, 736 mtanner of electing supreme judges, 453 454 mileage of members of the convention, 988 municipal and political corporations holdingbankstock, 289, 290 natural rights of man, 733 night sessions of the convention, 573 number of courts, 234, 254, 255, 431 number of judicial districts, 629, 633 ,number of judges of supreme court, 448 463, 466 number of senators and representatives, 553, 576 oath to be taken by members of the convention, 8 offering resolutions of i nquiry, 33, 86 office of lieutenant governor, 591, 595 order of business, 216, 217, 220, 223, 284 285, 878, 880, 886 personal and general explanation, 1056 1064 City, 15, 17 re-organization of judicial districts and courts, 638 religious tests and competency of witnesses, 172, 174, 176, 179, 184, 185, 198, 200, 734 repeal of banking laws, 404, 406, 773, 774 repeal of corporations, 110, 111, 115, 152, 154, 165, 168, 182 report of select committee on incorporations, A 781 report of committee on amendments to the constitution, 612, 616, 618, 620, 626, 640, 1031, 1032 residence of voters, 863, 868, 870 residence of members of the gen eral assembly, 568 resolution to adjourn on the fourth of IMarch, 502, 504 resolution instructing committees to report by a stated time. 627 rights of persons, other than foreigners, not citizens, 130, 131, 132, 134, 136, 137 salaries of judges, 480, 485, 489, 491, 493, 505, 507 salary of lieutenant governor, 597, 598 salary of State officers, 555, 578 p olitical corporations holding bank ,stock, 289, 290 postage of members of the conven postage upon future mail matter of the convention, 1055 powers of the board of education, 843, 939 947 B it PAGE PAGE CLARKE, R. L. B. renta.rks uvon reference of resolution of inquiry to committee on the bill of rigbts,. removal of convention from Iowa 86 tion, 1050 power of the governor to call special sessions of the general assembly, preferred creditors of banks, printing reports of special committee on bill of ri,hts, 584 401 655 - INDEX. appointed upon thie comn,ittee to superintend the reporting and printing of the debates, ap)ointed upon committee on expenditures and accounts, appointed upon select committee upon printing the journal and constitution, appointed t o certify th e accounts of W. Blair Lord, and Ltuse, LaInd & Co., for reporting and publishing the deba tes of the convention, appointed up on the coarnittee to examine the new constitution, asked to be excused fr oni serving upon the committee on accout.ts and expenditures, credentials of, made a report from the committee to draft the rules of the convention, made a report from the committee on reporting and publishing the debates, made report from standing committee on the judicial department, 115 made minority report from the standing committee upon the judicial depatrt ment, special committee upon basis of representation, 63 a special committee on bill of rights, 223, 224, 225, 226 special committee on right of stif frage, 218 special commtittee on incorporations, 429 State bank and branches, 387, 389 State indebtedness, 266, 267, 268, 272 stockholders in banks, 364, 388, 370, 389 striking word " white" from article on militia, 641. 642 striking word "white" from constitution, 967, 676 submission of law,-s to the people, 802 system of common schools, 828, 829, 970 taxation of corporations, 780I O temporary court for trial of judges and state officers, 455 term of office of governor and lieutenant governor, 586 time of electing members of the general assembly, 515 vote upon the constitution, 1055 vote of the people upon the question of calling a convention to revise the constitution, 1031, 1032 voters, term of residence in the State of, 863, 868, 870 "white," striking from the article on militia the word, 641, 942 "white," striking from the constitution the word, 667, 676 990 made report from the special committee upon printing the journal and constitution, moved the appointment of a committee to draft the rules of the convention, moved that the sergeant-at-armns be sent for proper peson to administer oaths to members of the convention, appointed to request a clergyman to open the convention with prayer, appointed upon committee upon the subject of the removal of the convention from Iowa city, appointed upon committee to draft the rules of the convention, appointed upon committee upon reporting and publishing the debates of the convention, appointed upon the standing committee upon the article upon the judicial department, appointe d upon the standing comnlittee upon miscollmneous subjects, moved to adrmit the reporter of t Iowa Republican to the floor of the co vention, muoved to refer the several articles the constitution to their appropriate com mittees, moved to print two thousand copies the debates of the convention, moved to amend the rules so that t reports of the standing committees shou be read severally three times on three d ferent days, moved the appointment of a comm tee to examinte, the new constitution, 12 PAGE. PA(,, PI school fund, disposition of, size of counties, 848, 1002 Soo 119 743 815 1051 1048 6 20 26 260 116 made report from the judiciary committee upon the number of judicial districts, and tho re-or,a,iiization of courts, 11 &C., 6,28 972 10 CLARKE,W.PENN. 9 5 19 5 10 23 67 11 8, 118 22 1048 22 INDEX. PAGE remarks uvpon addition of two mnembers to the cornmittee on accounts and expenditures, 958, .95,9, 961, 962 nominated Samruel C. Trowbridge, sergeant-at-armsvro tem of the convention, nominated Francis Springer for President of the convention, 6 offered a provision concerning the prohibition of intoxicating llquors, 139, 209 offered provision concerning the registering of the voters in this State, 868 offered resolution to proceed to the election of officers of the convention, 6 offered resolution to employ John Teesdale to print one hundred copies of the constitution, 11, 20 offered resolution to furnish members with the "constitutions of the States," 20 offered resolution to print two hundred copies of the rules of the convention, 23 offered resolution to employ John Teesdale to do the incidental printing of the convention, 24 offered resolution to appoint John Quaintance assistant fireman to the con adjourninf over to M on day, age of members ol board of educa Cbf committee on chari 118 t of representation, 1013, 1014, 1015 ons of the general as 103 b2, 744 51, 52, 5, 417 '6, 805 472 214 )7, 833 0, 761 ? 3, 957 , 1049 985 877 4, 735 1, 282 276 495s 994 , 851, 1004 , 984 82 805 vention, offered resolution of inquiry concerning the article upon the judicial department, offered resolution to suppress the debate upon the subject of removal of convention from Iowa City, offered resolution concerning the article upon the right of suffrage, offered resolution calling upon t Secretary of State for information con cerning the judicial districts of this State, offered resolution for the appointment of a special committee upon the subject of basis of represen'ation, offered resolution for the translating and printing the constitution in German, offered a resolution requiring the secretary of the convention to prepare an enrolled copy of the journal to be deposited in the office of the Secretary of State, offered resolution concerning the compensation of the chaplain, of fe red resolution concerning the distribution of the debates, 762, offered resolution concerning the mailing of slips of debates to members, after adjournment, 1 offered resolution of thanks to t re first election of county officers, &c., under the new constitution, 966 furnishing members of the convention with acts of the general assembly of, 1855 an d1856, 19 furnishing members with daily newspapers, 23, 26 13 PAGE. CLAP,KE, W. PENIN. 5 tion, 938 senably, bill of rights, 561 24 33 drawing seats in senate chamber, election of judges and other officers, entering at large upon journal, re, resolutions, &-c., filling vacancy in the office of gover 85 760 nor, 587 porters, 1034 14 INDEX. PAE PAG -furnishing State historical society with daguerreotypes of members of the convention, furnishing members with slips of debates, pardoning power of the governor; personal and general explanation, political parties upon the question of furnishing members with the reports of the supreme court, 88, 89, 90 general banking, 346, 791, 792 giving each editor in the state a copy of the debates, 1027 upon the legislative department, 219 postage of members of the convention, 1051 powers of board of education, 944 power of governor to call extra sessions of the legislature, 584 power of governor in board of edu ca giving magistrates jurisdiction of offences less than felony, granting wri t of habeas corpus, when applied for according to law, Greene's reports of the supreme court; purchase of, 1051, 1052,1053 guaranteeing to school and university funds losses from mismanagement or fraud of state officers, 277, 278 holding, night sessions of the convention, 573, 814 issuing of paper money by other than banks, 403, 404 jurisdiction of district courts, 460 jurisdiction ofjustices of the peace, 810 liability of stockholders in banks, 363, 364, 366, 189 limitation of state indebtedness, 267, 272, 277 location and removal of county seats and boundaries by general assembly, 552 location of public lands by the state, 801 location of seat of government for the state, 758 printing the constitution and journal, 814 815, 973, 974, 975, 979 printing reports of special committee on bill of rights. 654 printing reports of special committee on right of suffrage, 660 prosecuting attorneys, 475 provision for rendering void certa in contracts with the state, 274, 280, 281, 282 publication of the debates of the convention, 22, 27, 43, 55, 56, 58, 69 purchasing Greene's report s of the supreme court, 1051, 1052, 1053 state, 926 location of state university, 838, 926 manner of conducting criminal prosecutions, 121, 123 manner of electing supremejudges, 450, 452 mileage and per diem of members of the general assembly, 528, 529 night sessions of the convention, 573, 814 nomination for first messenger, 7 nomination for second messenger, 8 religious tests and competency of witnesses, 178, 196, 734, 735 removal of convention from Iowa City, 11, 12, 14, 16, 18, reorganization of judicial districts and courts, 460, 507, 635, 636 repeal of banking laws, 504, 773 repeal of corporations, 105, 108, 145, 158 160, 161, 408, 409 report of the committee on amendments to the constitution, 603, 613, 611, 618 660, 621, 639, 640 INDEX. 14 PAGE. PAGE 592 1 286 , 888 589 1061 57 69 888 125 125 tion, 845 preparing enrolled copy of journa", to be deposited in the office of secretary of . il* 857 . reference oi resolution of enquiry to committee on judicial department, o 66 reference of re-port of the article on he bill of rights to a special committee, 226 reference of the article on the right of suffrage, to a special committee, 219 12 8, 243, 253 ) 438, 442 3, 468,469 rt, 447 8, 462,465 609, 629 nta 542, 553 32 tives, offering resolutions of enquiry, INDEX. 15 -~~~~~~~~AE PA Clearman, George; apppointed as tant messenger pro tem, elected assistant messenger, rate ofper diem of. acomiit of per diem of, Clerks of courts, Collar, Charles B.; resolution thanks to, 1034 Collection oftaxes; resolution of enquiry in relation to, 48 Collection of taxes; provision in relation to, 84, 531 Commissions to be sealed with the great seal ofthe state, 77, 588 Committees of the convention; resolution in relation to the number and character of the, 10, 19 Committee on accounts and expenditures, (special) 741, 743 Commi ttee upon the basis of representation; (special) appointment of 62, 74 state bank and branches, 373, 859 special legislation, 575 submission of laws to the people, 803 substitution of Cushing's manual for Jefferson's manual as the standard of parliamentary laws for the convention, 24 suppression of debate upon the subject of removing the convention from Iowa City, 35 temporary court for the trial judges and state officers, 457, 458 term of office of districtjudges, 472, 473 term of office of supreme judges, 471 trial by jury, 119 uniform operation of general laws, 532 use of private property for roads, 128 vote upon the constitution, 1054 veto power of the governor,' 525, 567 "white," in constitution; resolution to strike out the word, 665, 666, 675 680, 888 Classification ofmembers ofthe board of education, 78 ofjudges of the supreme court, 115, 259 449, 472 of senators, 83, 518, 551 Johnston, 223, 226 Marvin, 226 Parvin, 224 Patterson, 225 Todhunter, 223 Wilson, 224 Committee on credentials, (special) 5 Committee upon distribution of debates, (special) 766, 780 Committee to ascertain the delay in printing tne debates, (special) Committee upon incorporations, (s cial) Committee on printing the journal, (special) Committee on reporting, (special) INDEX. 15 PAGE. PAGE 5 8 760 1050 116, 260 remarks of Mr. Clarke of Henry, Hall, Harris, Johnston, Parvin, 63 62 62, 63 62 63 63 Solomon, Traer, Committee upon the bill of -rights; (special) appointment of, 63 223 remarks of Mr. Bunker, Clarke of Henry, Hall, Harris, remark8 of Mr. Gillaspy, Gower, Harris, Johnston, 520 520 518, 520, 523 523 517 ,516, 517, 519 5187 510 516, 517, 520, 522, 523 616, 621 496 Palmer, Parvin, Scott, Traer, Young, 648, 773 815 11 6 INDEX Gillaspy, 824, 825, 826, 827, 829, 832, 833 Gower, 816, 830 Hall, 827, 830, 831, 835 dMarvin, 825, 827, 837 Parvin, 835 Scott, 830, 831 Skiff, 828, 830 Wilson, 953, 965, 969 Common schools to be free of charge, 968 remarks ofHenry, iMr. Clarke of Ells, Gillaspy, Hall, Marvin, Parvin, Skiff, Traer, 970, 971 AWilson, 969 Common schools, to be kept up in each school district three months, 78, 770, 816 remarks ofMr. Clarke of Alamakee, Gibson, Gillaspy, Gower, Hall, Harris, Marvin, Palmer, nquiry in relation to, 642 Common school fund; disposition of, 78, 744 771, 825, 697, 922, 991, 1001 Scott,' 817 Skiff, 816, 818 Todhunter, 816, 817, 822 Traer,. 819 Commutations, governor to have power to grant, 75, 586 Compensation of reporter, 26 Compensation of printers of debates, 26 Compensation of members of board of education, 79, 772, 825 remarks ofMr. Clarke of Henry, Clarke of Johnson, Hall, Marvin, Parvin, Scott, Skiff, Wilson, 953 Compensation of the chaplain, Compensation of the President of the convention, 16 INDEX. PAGE. PAGF, Committee on the right of suffrae; (s,Decial) appointment of, 217 remarks of Mr. Clarke of Henry, Edwards, G-Ilasp.y, Ilall, H,,trri,-, 218 218 218 218 218 218 217 218 i 970 968, 971 968 968, 969 968, 969 971 10 21, 22 22 21 22 21 22 22 21 22 22 21 22 21 remarks Air. Clarke of Henry, Clarke of Johnson, Gillaspy, Gower, Hall, Harris, Johnston, 848, 1002 . 994 849, 993, 994 744, 172, 850, 1001 172, 994, 1001 848 846, 847, 850 1001 846 847 848, 972, 992, 1003 Marviia, Palmer, Skiff, Solomon, Todhunter, Traer, Wilson, Common schools, system of, 849 847,io0i,ioo3 993 establishment of a -i8, 170, 816, 825, 953 955 2957 )964 964 962 955 957 ) 963 - 180 remark,& of Mr. Clarke of Henry, Clarke of Johnso Edwards, Ells, Gibson, 828, 829 1 826, 827, 833 834 818, 830, 832, 968, 971 170, 816, 823 160 II-VDgK. lA.PG Conard, Willis, nominated for first Compensation of the secretary of the convention, for distributing the journal, messenger, nominated for second mnesseinger, appointed paper folder, rate of per diem of, Compensation of the secretary of the convention for enrolling the journal, 877 Compensation of the enrolling clerk, for enrolling the constitution, 1051 Compensation of reporter for superintending the printing, and indexing the debates, 761, 921 Compensation of the secretary of state for sundry'services, 1051 Compensat ion for thaseuse of private property, 97, 126, 202, 412, 420 appointed to forward mail matter to members of the convention, 1012 amotnt of per diem of, 1051 Congress, first election under new constitution of members of, 914, 996 Congressional districts, fornmation of, 84, 549 Contractors, extra compensation to, 38, 84, 5o9, 551 Contracts for state indebtedness beyond constitutional provision to be void, 273, 280 Mr. Clarke of Johnson, Hall, meo0 Mr. Clarke of Johnson, 273, 281, 282 Hall, 275, 282 Harris, 274, 281 Marvin, 283 Palmer, 274, 281, 283 Parvin, 280 Solomon, 284 Traer, 280 Wilson, 282, 283 Constables, resolution of inquiry concerning duties of, 48 Constitutional appointment of standing committees upon, 22 Constitution, provisions in relation to future amendments of, Traer, 128, 204 Warren, 207 Wilson, 203, 205, 207 Winchester, 203 Compensation, extra to contractors, public agents, &c., 38, 84, 539, 551 Comnpetency of witnesses, 99, 172, 179, 651, 734 Mr. Bunker, Clarke ot Alamakee, Mir. Bunker,. 199 Clarke of Alamakee, 199 Clarke of Henry, 172, 174, 176, 179, 184, 185, 198, 200, 734 608, 609, 610, 640 612, 616, 618, 620, -626, 640, 1011, 1032 603, 616, 617, 618, 620, 621 603, 612, 615 618, 623, 626, 1032 064, 607, 608, 609 615 615, 617, 616, 621 622, 623, 624, 625 1031, 1032 604, 606, 613, 614 1031, 1032 619, 620, 1031 611, 626, 639, 640 622 606 195 172, 174, 176, 184, 185, 186, 188, 195 1 7, 76, 178, 189, 190, 735 174, 180, 184, 186, 188 200 735 176 ir PAGE. PAGE 985, 1005 7 8 95 760 remarks of 126, 127, 128 203, 205, 206, 207, 206 127, 205 205, 206 128, 206 126, 128, 202, 204 204 204 127 128, 204 207 203,205,207 203 i'4r. Clark of Alam,,tkee, Clarke of Henry, Emerson, Gillaspy, Gower, remarks of Hall. Ilarris, Peters, Scott, Todtiiiiiter, remar7es of 605 607, remarks of Clarke of Henry, Clarke of Johnson, Cl,.trke of Johnso Edwards, Ells, Gibson, Gillaspy, Gibson, Gillaspy, Gower, Ilall, Hall, 1-12, 11 arris, Johnston, 1 -i 4, Harris, Palmer, P.irvin, Peters, Scott, Skiff, Wilson, 198, 199 735 172 180, 185, 186, IV-4 lvlarvin, Palmer, Parvin, Scott, 18 INDX PAGE. PAGE Convention; provision in relation to calling a, 34, 36, 603,-1031 Corporations; powers of, 96, 289 Corporations; repeal of, 104, 143, 407, 420, 649 611, 1031 I, 607, 624, 625, 639 610, 616, 619, 620 621, 622, 623, 625 626, 1031, 1032 603, 604 of taking the 915, 998 Mr. Bunker, Clark of Ala Clarklie of Henry, Winchlester, Constitution: manner vote upon the new, lieutenant governor, 76 Contested elections for members of 165 1, 113 6, 411 5, 152 8, 182 5, 158 8, 409 150 a, 407 1, 412 109 f, 145 151 104 7, 408 161 a, 409 I, 153 3, 409 158 the general assembly, Convention; assembled room at Iowa City, night sessions of, remarks ofMr. Clark, of Alamakee, Clarke, of Henry, Clarke of Johnson, 572 Gillaspy, Harris, Johnston, Palmer, Solomon, Todhuinter, Wilson, 573, 813 Convention; removal from Iowa City Winchester, Corporations; political and municipal corporations-[see municipal and political corporations.] Corporations; state not to become a stockholder in, 96, 287, 648, 773 5,12 Corporations for pecuniary purposes to be taxed, 38, 96, 284, 415, 648, 773, COTTON, AYLETT R. M r. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Emerson, Gillaspy, appointed upon the standing committee upon bill of rights, appointed upon the standing committee upon the schedule, credentials of, leave of absence granted to, remarks upon the report upon the distribution of powers, 16 14 17 15, 17 11, 12, 14, 16, 18 18, 20 11, 12, 13 17, 18 18 16 13, 15, 17, 18 17, 18 11 13, 17 16, 17 12 12,16 17, 18 Countersigning of bank bills, 96, 344, 775 iness; resolution of inquiry48 County boundaries and seats; changing of by the legislature, 48, 532, 551, 556 of daily meeting 64, 118 t 18 INDEX. PAGE. PAGE Constitution; provision in relation to future amendments of, remarl.-.s of Solomon, Traer, Wilson, remarks of — Clarke of Johnson, 1 580 Edwaris, .Harris, Palmer, Parviii, Peters, 83, 524 in court 5 573, 80, 8i3 - Price, Scott, Skiff, S-olomoD, Traer, Wilon, 0 f, 779 remarks of 6 21 22 6 87 Gower, Ilall, Harris, Jobnston, 37 in relation to, Parvin, Patterson, Todhunter, Traer, Wilson, Conventioa; time renzark,3 of IVIR. Clark of Alamakee, 533,536,537 552, 655 0 f, 19 PAGE County officers: resolution of inquiry in relation to election of, 48 first election of under the new constitution 914, 966 Counties; size of, 216, 294, 648, 798 535, 539, 552 - 552 534 535, 538 532, 533, 535, 552 556 533 534 533, 53"4, 537 nMr. Bunker, Clarke of Henry, County and city indebtedness; provision in relation to, 96, 290, 329, 415 421, 776, 805, 812 County taxes; resolution of inquiry in legislature to pass no special laws for assessment and collection of, 84, 531 County; term of residence of members the general assembly in, 83, 516, 557 567, 1015 52, 301, 325, 343 344, 418, 805, 806 50,.51, 52, 304, 305 Mr. Clark of Alamakee, 569, 573 Clarke of Henry, 568 Clarke of Johnson, 568, 1015 Edwards, 571 Gower, 568 Gray, 567 Parvin, 571 Solomon, 567, 570, 571, 572 Traer, 557, 568, 572 County; term of residence of voters in, 36 860, 870 Gillaspy 2 4, 294, 307, 328, 416 421, 77, 778, 805 Gower, 290, 294 Gray, 297 Hall, 51, 52, 292, 295, 299, 302, 303, 305 307, 313, 314, 324, 344, 327 328, 332, 343, 421, 426, 806 Harris, 2)91, 301, 306, 313, 329, 425 Johnston, 51, 291, 302, 342, 343, 426, 776 Marvin, 290, 297, 312, 423 Mr. Clark of Alamakee, 860, 862 Clarke of Henry, 863, 868, 870 Clarke of Johnson, 860, 861, 862, 864, 870 Edwards, 8 66 Gibson,, 867 Gillaspy, 860 Harris, 860, 864, 867 Marvin, 867 Palmer, 867 Price, 863 Scott,. 86.5 Solomon, 861 Palmer 298 ~~~~~~~~Palmer, 867 Parvin, 305, 307, 314, 425 Price, 863 Patterson, 297 ~~~~~~Scott, 86:, Solomon, 861 Court of common pleas; resolution of inquiry in relation to establishment of, 642 Courts —[See district court and supreme court.] Courts to continue pending business under the new constitution, 914, 996 Courts of justice; resolution of inquiry 298 305, 307, 314, 425 297 317, 318, 417, 805 335 313, 425 290, 311, 415, 42.5, 427, 808 311, 776, 778 421, 775, 776, 777 421 ij relation to practice in, C INDEX. Cla.r'k-e of Henry, Cl,irke of Johnson, Gi',IasDy, H all, .NlarvID, Peters, Scott, Solomon, remarks of 800 800 798, Soo 800 799, 800 Traer, Clarke of Johnson, Emerson, Scott, r e -m a r k-,3 of 48 relation to assessment of, llr. Ayres, Clark of Alamakee, 291, 292, 297 51, 318, 324, 418 421, 423, 425, 426 427, 777, 808 of Clarke of Henry, remarks of Clarke of Johnson, sog, 3,s6, 344,415, 417 418, 421, 424, 425 426, 427, 776, 805 Edwards, 293, 295, 300, 301, 304,306 316, 330, 335, 421,422 423, 425, 776, 806,812 Ells, 322 .Emerson, 51, 297, 315, 316, 317, 318, 812 Gibson, 414, 810 remarks of Palmer, Parvin, Patterson, Peters, P r'l c e., Scott, Skiff, Solomon, Traer, Warren, Wilson, 6-09, 32, 328, 416, 422 YOUDG, 48 INDEX. ]'AGE. Johnston, 201 Palmer, 122 Parvin, 120, 122 Skiff, 201 Solomon, 1 22 Wilson, 121, 124, 738, 740 Currency; resolution iln relation to the appointment of standing committee upon, 10 Cushing's Manual; substitute for Jefferson's Manual,"as the standard of parliamentary practice in the con-vention, 238, 436, 441 442, 471 234, 254, 255, 431 227, 22 8, 243, 253 5 54, 255 438, 442 44?3, 468, 469 444 443 254, 445 22,'229, 246 255, 434, 438 231, 254, 469, 470 439,444 242, 251, 431 437, 442, 443 241, 249, 442, 444 467, 468, 470 4~5 228, 229 252, 467, 470 444 236, 250, 255 430, 434, 440, 441 445 Daguierreotypes of members of the convention for the State Hlistorical Society, 574 Daily meeting of the Convention; time of, Davenport; invitation for removal convention to the city of, appointment of committee upon proposition of, report of committee upon proposi DAY, TIMOTHY appointed upon the standing committee upon the preamble and bill of rights, appointed upon standing committee upon future amendments to the constitution, Winchester, 445 Courts; re-organization of judicial districts and, 166, 260, 460, 507, 628 mileage of, signed minority report from the comC6 mittee on future amendments to the constitution, Palmer, 460 Wilson, 507, 636 Credentials; appointment of commit Lee county.; division of, 1000 mileage of members of the convention, 989 repeal of banking laws, 406 salaries ofjudges, 488, 504 Debates of the convention; appointment of a committee in relation to reporting and publishing the, 11 Debates of the convention; appointment of a committee to superintend the reporting and publishing of, 27, 179 Debates of the convention; appointment of a special committee to ascertain the cause of delay-in publishing, 496 Debates of the convention; appointment of a special committee upon the manner of distributing, 776, 780 Debates of the convention, 761, 850 917,.72, 10 04 report of committee on, 6 Crimes; resolution of enquiry in relation to punishment of, 48 Criminal and civil cases; resolution of enquiry in relation to change of venue in 48 Criminal prosecutions, &c.; manner of convicting, 69, 99, 119, 201, 736 I i I I-,)o PA(.', E I Courts; number of, 11-0, 228, 259, 430, 46'i, i remarks o.f .Air. Clark of Alaniakee, Clarke of Henry, Cl,ii-ke of Jobnson. Gibson, Gillaspy, Gower, Hall, D Harris, Johnston, Palmer, Cj4, 118 Peter,q, 5 ,,Cott, Skiff, Solomon, Traer, Wilson, 5 tion of, 12 21 remarks of 22 1026 .illr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Ifall, 460, 63i-), 6,-6, 637 638 460, 507, 635, 636 637 80 remarks upon tee oii, 5 remar7c.s of Mr. Clarke of Alamakee, Clat ke of Henry, 120,122,737 121, 123 124,201,736 121, 123 120, 122, 123, 130 119, 120 123. -i 36, -i',' -i, Clarke of Johnson, Hall, Hari-is, INDEX. PAGE. PAGE~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Clarke of Johnson, 22, 27, 43 55, 56, 58, 59 Ells, 27, 41, 42, 57, 67 Emerson, 56 Gillaspy, 67 Hall, 27, 54, 57 Harris, 41, 45, 55 Johnston, 44, 54, 58 Palmer, 67 Parvin, 41, 44, 54 Peters, 57, 58 Price, 42 Solomon, 56 Todhunter, 59 Traer, 40, 41, 42 43, 54, 67, 71 Warren, 27, 28 Debates of the convention; report of the committee on a reporter of the, 12 Debates of the convention; report of the committee upon publishing the, 26 Debates of the convention; members to be furnished with slips of, 26, 53, 68, 179 763, 852, 853 918,920, 1001 1005 761,763 761t 763, 766 850, 851, 852 852, 917 form and Young, Debates of the convention; 26, 53 Edwards, 68, 71 Gower, 28, 29, 73 Debates of tae convention; editors of papers to be given a copy of, remarks ofMr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gibson, Gillaspy, Gower, Gray, Hall, 1026, 1 Harris, Palmer, Parrvin, Patterson, Skiff, Todhunter, Wilson, M Debates of the convention; proof be furnished to members, Debates of the convention; publ tion of, 26, 5 state.) Denizens; persons not citizens, other than foreigners, 129, 130 Clarke of Johnson, Gillaspy, Hall, 130, 131, 132 134, 136, 137 131, 134, 137 130, 131, 132, 133 130, 131, 132 134, 135, 136 1,807 133, 136 133 Mr. Clark of Alamakee, Clarke of Henry, 21 PAGE. PAGE remarks of ei Mr. Bunker, 76l, 920, 1004, 1005 765, 921, 1005, 761, 162, 861 917, 918, 919. 921,922,1004 164 Clark of Alam,,tkee, Clarke of Henry, Clarke of Johiason, Gibson, Gillaspy, Gower, Hall, Harr:s, N., larvin, P.,tlmer, Skiff, Solomon, Todhunter, 764, 852, 917, 974 163, 918, 922 918, 919, 920 852 65, 853, 918, 921 'i-63, 765, 766, 917 764,917,920,1004 162, 164, 018, 920 'i-61, 763, 853 911, 919, 921, 1005 Traer, Warren, Wilson, Winchester, re2tarks of size of, 1026 027, 1028 1027 1027 1027 1026 1027 1027 027, 1028 1027 1027 1027 1027 1027 1027 1026 remarks 'Mr. Clarke of Henry, I ) I 28, 44, 56, 28, 42, remarlc,g of Harris, .Ifarvin, INDEX. PAGE. PAGE District Judges; first election under thenew constitution of, 914, 996 impeachment of, 83, 551, 574 salaries of 84, 116, 259, 478, 504 550, 555,578 of the capi 88, 877, 922, 1017 remarks of Mr. Bunker, 934 Clark of Alamakee, 928 Clarke of Henry, 924, 925 Clarke of Johnson, 926 Edwards, 877, 930 Gillaspy, 877 Gower, 922, 925 Hall, 877, 931 Harris, 926 Palmer, 877, 933 Traer, 1017 Winchester, 1017 Disposition of the school fund, 78, 744, 771 826, 697, 922, 991, 1001 remarks ofMr. Clarke of Henry, 848, 1002 Clarke of Johnson, 994 Gillaspy, 849, 993, 994 Gower, 744, 772, 850, 1001 Hall, 772, 994, 1001 Harris, 848 Johnston, 846, 847, 850 Marvinr, 48100 Palmer, 847 Skiff, 846993 9 Solomon, 848, 972, 994, 1003 Todh unter, 849 Traer, 847,1001, 1003 Wilson, 993 Distribution of powers and the legislative departent; appointme nt of stand-47 ing committee upon, 10, 19, 210 resolution of enquiry referred to the e - standing committee upon, 83 trial of, 116, 260, 457 vacancies in office of, 116, 260 Districts; formation of congressionepresentative and senatorial, 84, 649 & al, representative and senatorial, 84, 549 Districts for judicial purposes; number of, 115, 259, 450, 475 508, 628 remarks of Mr. Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, G ibson, Gower, Harris, Parvin, Patterson, tion of, 914, District courts; clerks and report- k 116, 260 16, 259, 455, 459 115, 259, 455 jurisdiction of, manner of electing, 22 PAGE. PAGE Skiff, Todhunter, Trae.r, Wilson, Des Moines; location 134 136 132, 136 135, 136 tol at, remarks of Mr. Clark of Alamali Clarke of Henry, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillasp.y, Gray, Hall Harris, Marvin, Patterson, Peters, Solomon, Tr.,ter, Wilson, Winchester Districtjudges; term of 629, 630 629, 633 609, 629 631 634 415, 4-i5, 509, 632, 634 630 655 620 631 -634 633 632, 634 37 upon) 008 014 6o 990 Price, Skiff, WKson, Winchester, erf3 of, Young, INDEX. PAGE. PAGE Winchester, 90 Young, 90 Documents furnished to members; resolution to return to secretary of state, 990 Door-keeper, Francis Thompson, elec 874 reorganization of, 116, 260, 460, 507, 628 Mr. Clarke of Henry, Clarke of Johnsen, aHall, Palmer, Wilson, Divorces; resolution ofen lation to the granting of, Divorces; provision in granting, Documents furnished to the convention abstract of each county ir acts of the legislature of: code of Iowa, constitutions of the states list of organized counties newspapers, rate ofper diem of, amount ofper diem of, Drawing seats in the senate chambe remarks ofMr. Clarke of Johnson, Emerson, Gower, Hall, Harris, Palmer, Peters, Skiff, Todhunter, Warren, Wilson, Duelling; provision in relation to, Mr. Clark of Alamakee, Editors and reporters to be admitted to the floor of the convention, Editors to be furnished with a copy of the debates, Clarke of Henry, Clarke of Johnson, Gillaspy, Hall, Harris, Johnston, Palmer, Todhunter, remarks ofMr. Clark of Alamakee, 1 Clarke of Henry, Clarke of Johnson, Gibson, Gillaspy, Gower, Traer, 2 Wilson, Documents furnished to members of the convention Parker's sectional map, reports of the supreme court, 0271028 1027 1027 1027 1026 1027 1027 1026, 1027, 1028 1027 1027 1027 1027 1027 1027 1026 :ay, 1027 all, 1026, 10271028 arris, 1027 rlmer, 1027 Mrvin, 1027 Ctterson, 1027 Ciff, 1027 8dhunter, 1027 ilson, 1026 cation; board of, establishment of 39, 78, 720, 743 766, 815, 8717 934 remark. ofMr. Clarke of Johnson, Edwards, Ells, Hall, 723, 732, 744 943 731, 757, 950 600, 721, 123 725, 730, 750 754, 937, 942, 946 23 PAGE PAGE. Districts for judicial purposes; plan of, remarks of 688 460, 501, 635, 636 637 460 6o7, 6,6 ted,., 7 82 82 81 82 81, E2 82 82 82 82 81 99, 118 re?narlcs of 74, 75, 76 E 3, 75 3, 26 75 3, 2;-) 25 10 3, 25 75 5, 75 .23 19 1026 26 88 remarks of Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, rtdwards, Emerson, Gillaspy, Gower, Hall, Harris, Johnston, 91, 94 89, 93 88, 89, go 88, 89, 93 88 90, 91 88 91, 92, 93 88, 89, 92 94 88, 89 90 board of 88, 89, Palmer, Scott, Solomon, Todhunter, Traer, 9g 89 91, 92, 93 21 INDEX. PAGE. PAGE m ade a report from the standing comnmittee on the right of suffrage, 36 mileage of, 1025 moved an amendment to resolution to furnish members of the convention with daily newspapers, 23 Harris, 937, 944 Johnston, 724, 725, 766 MIarvin, 600, 756, 949, 950 Palmer, 723, 747, 750 Scott, 944, 949 Skiff, 731, 755 Solomon, 722, 725, 767 Todbunter, 769 WVilson, 722, 723, 724, 748 935, 941 Education and school lands; appointment of committee upon, 10, 19, 22 consideration of article upon, 599,, 20,743 766, 815, 934 moved the indefinite postponment of the resolution in relation to making up the journal, offered a resolution to furnish members with Code of Iowa and acts of legisla offered resolution of inquiry in relation to the judicial department, offered resolution of enquiry in relation to the passage of special laws, offered a resolution in regard to the time of the daily meeting of the convention, first report fr om com mittee upon, re-commitment of report to committee offered a resolution for adjournment remanrks of MIr. Clarke of Johnson, 857 Edwards, 855 Ells, 856 Gillaspy, 853, 854 Harris, 854 Marvin, 855 Patterson, 856 Skiff,, 854 Todbunter, 853, 856 Wilson, 854 Winchester, 855 Education and school lands-resolution of enquiry referred to, 40 second report from committee upon, 871 third reading of article upon, 1028 yeas and nays upon final passage of article upon, 10303 sine die, offered a resolution in relation to personalities between members, personal explanation of, adjournment over till May, 497 appointment of special committee on the right of suffrage, 218 basis of general banking, 344, 346, 351, 789 biennial sessions of the general assem 511 board of education, 943 boundaries of the State, 141,142 census and apportionment, 1011 city and county indebtedness, 293, 295, 300 301, 304, 306, 316 330, 335, 421, 422 423, 425, 776, 806 812 appointed upon committee upon the subject of the removal of the convention from Iowa City, appointed upon the committee to draft the rules of the convention, appointed upon the standing committee upon the right of suffrage, appointed upon the standing committee upon education and school lands, appointed chairman of the committee of the whole on the preamble and bill of rights, common school system, 834 competency of witnesses, and religious tests, 187, 188, 190 conduct of first messenger, 276 court of common pleas, enter ing resolutions of enquiry at large upon the journal, filling temporary vacancies in district st messenger; conduct of,. - 276 rnishing members with slips of de 68, 71 24 INDEX. PAGE. PAGE' Education; board of, establishment of board of. remarks of ture, 10 38 47 li-8 853 118 upon, 1062 508 re?narlcs upon bly, EDWARDS, JOHN, 6 10 642 21 85 22 courts, 98 6 credentials of, bates, INDEX. PAGE furnishing members with reports of system of common schools, 8S34 he supreme court, 88, 89, 93 temporary vacancies in district courts, 459 general banking, 344, 346, 351, 789 uniform operation of general laws, 531 impeachment of State officers, 574 university and state capitol; loca instructing committees to report by a tion of, 8S7, 830 given time, 627 vacancies in district courts, 459 judicial districts; number of, 631 voters; residence of, 866 judges; salaries of, 488 "white"; striking from the constitu Lee county; division of, 999, 1036 tion the word, 680, 691 limitation of debate, 500 elections; by ballot, 6, 869 limitation of State indebtedness, 265 1 contested, of general assembly, 83, 524 location of State capitol and univer- contested, of governor and lieutenant sity, 877, 930 governor, 76, 580 for filling vacancies, 648, 800, 811 general assembly to elect viva voce, 84, 549 ofjudges of the supreme court, 115, 258 449 manner of conducting the business of convention, 38, mileage of members of the convention, 986 987, 989 number and classification of senators, 521 number of judicial districts, 631 offering resolutions of enquiry, 31, 46 order of business, - 88, 97, 217, 222 288, 719, 882 personal explanation, 508 personal and general explanation, 1062 Mr. Clarke of Henry, 453, 454 Clarke of Johnson, 805 Hall, 450, 452 Palmer, 455 Wilson, 449, 451 petition in relation to the time ol hold resolution of enquiry in relation to, 48, 81 time of holding, 30, 39, 82, 514, 575, 805 remarks of mittee on the right of suffrage, 659 IMr. Clarke of Henry, Gillaspy, Palmer, prosecuting attorneys, 456 punishment of frauds in banking, 392 recommitting the report of the com. mittee on education and school lands, 855 religious tests and competency of witnesses, 187, 188, 190 removal of convention from iowa remarks of Mr. Hall, Palmer, Parvin, Electors, (see voters.) Eligibility-resolution of enquiry in relation to, 47 provision in relation to members of the board of education, 78, 768 provision in relation to members of the general assembly, 84, 527, 557, 576 provision in relation to governor and lieutenant governor, 77, 580, 586 provision in relation to State officeis, 812' state boundaries1,141, 142 state indebtedness, 265 striking word,white" from the constitution, (8(), 691 I 25 PAGE. remarlc,3 of — ing, 79 515 615 515 514, 515 514 514, 515 914, 955 644 Parvin, Winchester, Youn, .9 under the new constitution, of United States Senators, city, 18, 20 645 645 645 INDEX. PAGL. PAG1' political parties in regard to the question of slavery, preamble and bill of rights, preferred creditors of banks, publication of the debates, 27, tion of slavery, 905 he mwpreamble and bill of rights, 100 it,5 preferred creditors of banks, 397 aptpublication of the debates, 27, 41, 42 57, 67 re-committing report of committee on education and school llanlds, 856 religious tests and competency of wit nesses, 175 removal of convention from Iowa City, 11 12, 13 ap poin ted upon the standing committee upon the preamble and bill of rights,, appointed u pon the standing commit - tee on education and school lands, credentials of, made a report from the comnmittee upon the removal of the convention from Iowa City, made a report from the standing committee on preamble and bill of rights, made minority report trom the standing committee on education and school lands, mileage of, moved a substitute for the report of the committee upon the removal of the convention from Iowa City, moved to substitute Cushing's Malnual for Jefferson's Manual, as the standard of parliamentary law in the convention, nominated Thomas J. Saunders as sectretary pro tern. of the convention, nominated Thomas J. Saunders as permanent secretary of the convention, offered a resolution to furnish members of the convention with Cushing's Manual, offered a resolution in relation to limitation of debate, term of school in each district, 818 ". white"; striking from the constitution the word, 672, 675, 691, 905 appointed upon the committee upon the subject of the removal of the convention from Iowa City, appointed upon the standing committee upon the distribution of powers and the legislative department, appointed upon the standing committee on incorporations, credentials of. mileage of, offe rd a resolution to admit the re - porter of the " North-west" newspaper to the floor of the convention, bill of rights, 100 board of education, 602, 728 city and county indebtedness, 322 common school system, 818, 830, 832 968, 971 competency of witnesses and religious delay in the publication of the de bates, 495 election of judges of supreme court, 454 general banking, 347, 348 judges of supreme court, 454, 487 limitation of deba'e, 361 making common schools free of charge, 968 971 manner of electing supreme judges, 454 order of business, 98, 284, 285, 718 personal and general explanation, 1063 remarks upon — City and County in,ebtedness, 51, 297, 316, 317, 318, distribution of the constitution in German, drawing seats in the senate chamber, entering resolutions of inquiry upon the journal, exclusive jurisdiction of the Unite d States over territory in the state of Iowa, 26 PAGE. PAGE ELLS, GE, ORGE W. appointed ul)on the committfe upon the removal of the convention frora Iowa City, 21 22 6 12 64 9 1025 T2 5 EiAlERSON, J. H. 42 6 360 remarks upon — 21 22 6 1025 23 tests, 175 210 211 -~~~~~~IDX 2 by Mr. Harris, in relation to the plan dividing the state into judicial districts, by Mr. Johnston, in re ation to edution and school lands, by do., in relation to the legislative partment, by Mr. Palmer, in relation to the judiil department, by Mr. Parvin, in relation to educan and school lands, by do., in relation to state debts, by Mfr. Peters, in relation to the judi department, by Mr. Price, in relation to the exetive department, by Mr. Solomion, in relation to the e of state officers, by do., in relation to the issuing of per money in this state, by do., in relation to the prohibition articles of manufacture and sale, by Mr. Todhunter. in relation to the ~cutive department, by Mr. Traer, in relation to the article on amendments to the constitution, by Mr. Wilson, in relation to the artiupon amendments to the constitution, by do., in relation to the legislative )artment, Enquiry; offering resolutions of furnishing members of the convention with reports of the supreme court, general banking, liability of stockholders in banks, number of copies of debates to be published, offering resolutions of inquiry, private property taken for public uses, publication of the debates, reference of resolutions of inquiry to the standing committee on the judicial department, 66 removal of convention from IowaCity, 17, 18 report ofthe committee on incorpora salaries of judges, size of counties, stockholders in banks, Empaanelling of grand and pet it jurors; resolution of inquiry in relation to, Enquiry; resolutions of by Mr. Ayres, in relation to city and county indebtedness, by Mr. Bunker, in relation to state bank and branches, by Mr. Clark of Alamakee, in relation to general banking, by do., in relation to the judicial department, by Mr. Clarke of Henry, in relation to elections, by do., in relation to the judicial department, by do., in relation to the legislative department, by do., in relation to the establishment of the office of Lieutenant Governor, by do., in relation to the right of suf Mr. Clark of Alamak e, 33, 87 Clarke of Henry, 33, 86 Clarke of Johnson, 32 Edwards, 31, 46, Emnerson, 48 Hall,' 86 Harris, 86 Johnston, 31, 40, 46, 86 Marvin, 33 Palmer, 40 Parvin, 31, 32 Warren, 87 Wilson, 87 Enrolling the constitution, 1012 compensation for, 1055 Enrolling the journal, 758 compensation for, 877 Excessive fines not to be imposed, 99, 126 Executive department; appointment of standing committee upon, 10, 19, 21 consideration of article upon, 579 by do., in relation to the location of the seat of government, by do., in relation to the proper distribution of the school fund, D INDEX. 27 PAGE. PAGE 9 88 356 786 876 39 56 30 48 206 56 82 62 34 46 2, 171 d8c Soo 86 39 tions, 47 39 48 of 39 35 32 33 38 34 39 23 64 80 remarks of 81 45 39 frage, by Mr. Clarke of Johnson, in relatio to the judicial department, by Mr. Edwards, in relation to the ju dicial department, by do., in relation to the passing o special laws, by Mr. Gibson, in relation to the ar ticle uD.-n state debts, by Mr. Gower, in relation to bank 45, 81 33 88 1 47 34 ing, 59 88 47 28IDX PAGE. * amount ofper diem of. 1050 First messenger to the ccnvention James Hawkins.lppointed pro ten. 5 Jan'.es ltawkinrs elected, 7 rate of per diem of, 759 amount ofper diem or, 1050 Willis Conard nominated for, 7 Foreigners, rights of, 100, 129 Forfeitares; governor to have power to remit, 77, 587 fines and penalties to remain in force under the new constitution, 914, 995 Formation of congressional, representative and sernatorial districts, 84, 549 Frauds in banking; punishmentof, 392, 419 resolutions of enqu i ry referred to, 39, 47 third reading of article upon, 1017 yeas a nd nays u pon final passage of article upon, 1019 Executors; resolution of enquiry in relation to the sale of real estate by, 48 Expenditures; appointment of committee on accounts and, 741, 743 Ex-post-facto laws not to be passed by the general assembly, 100, 129, 208 Extra compensation, to public agents, officers; nd contractors, 38, 85, 5839, 51 Extra sessions of the general assembly, 89, 77, 583 Mr. Clark of Alamakee, Clarke of Henry, Ed wards, Gillaspy, Hall, Scott, Skiff, Fees, resolution of enquiry in rela Final passage of bills by the general assembly, 83 Final vote upon preamble and bill of rights, right of suffrage, legislative department, capitol and university, executive department, judicial department, militia, relation to, 9, 118 Freedom from seizure and search; right of the people to, 99, 918 Freedom of speech; provision in relation to, 99, 118 Free of charge; schools to be, 968 state debts, corporations, education and school f und, amendments to the constitution, miscellaneous subjects, schedule, 1040 the new constitution, 1054 Finance and banking, resolution in relation to the appointment of a standing committe e upon, 10 Fines, devoted to the use of schools, 78 871, 967 excessive, not to be imposed, 99, 126, 202 governor to have power to remit, 77, 587 penalties and forfeitures to remain in 970 968, 971' 968 968, 969 968, 969 971 Gate City; reporter of, admitted to the floor of the convention, 19 General assembly; apportionment of members of, 84, 540, 1011, 1013 force under the new constitution, Fireman to the conveution J. H. Merritt appointedpro tem. J. H. Merritt elected, rate of per diem of, amount ofper diem of, John Quaintance elected assistant, rA le of 1eer diem? of, INIDEX. 28 PAGE report from the st,-tndin,, committee 76 upon, re,inarlc,3 of 394 392 392 392, 393, 394 392, 393 892 392 393 393, 394 393 F 48 tion to, Solomon, Traer' Wilson, Freedom of 1008 1008 101 1017 1019 1020 1020 1021 1022 1030 1033 1034 1040 1054 the press; provision in 99, 118 remark8 ofMr. Clarke of Henry, Ells, .Gillaspy, - Hall, Marvin, Parvin, Skiff, 969 970, 971 969 Traer, Wilson, G 914, 995 5 7 759 1050 24 7,511-) remarks of 1015, 1016 1013, 1.014, 1015 1016 Mr. Clar'l-e of Henry, Clarke of Johnson, Marvin, 29 PAGE Mr. Clarke of Henry, 515 Gillaspy, 514, 535 Palmer, 515 Parvin, 514, 515 Winchester, 514 Young, 514, 575 General Assembly-time of meeting of, 83 510, 558 General banking-provisions in relation G i b s o n 5 1,9 6, 3 4 4, 36 2, 41 9 775 remarks ofMfr. Clarke of Henry, Clarke of Johnson, Edwards, Gibson, Gillaspy, Gower, Hall, H arris, l5r. ClarKe of Alamakee, 370, 371, 786 Clarke of Henry, 347, 350, 353, 358 359, 364, 368, 370 779, 789 Clarke of Johnson, 346, 791, 792 Edwards, 844, 346, 351, 789 Ells, 347, 348, Gibson, 354 Gillaspy, 350, 363, 794 Gower, 363 Hall, 346,348, 350, 352 353, 357, 359, 774 Harris, 775 Johnson, 347 Marvin, 78 Palmer, 7~~~~~~~'88 Palmer, 372, 786, 787 Parvin, 347, 354, 785, 788 Peters, 357 Skiff, 346 Solomon, 394, 791 Traer, 787, 788, 789 p r d t oe o, 5Wilson, 355, 358, 363, 370 775, 789 Young, 370 370 German-printing the cOnstitution in, 743 973, 975 Winchester, 562 General assembly; elections by, to be viva voce, 84, 549 first regular session of, under th3 new constitution, 914, 997 oath to be taken by members of, 84, 540 per diem and mileage of, 30, 84, 528, 551 Mr. Clarke of Johnson, 528, 529 Parviii, 529 Wilson, 528, 529 General Assembly-petition in relation to time of meeting of, 79 powers and duties of members of, 85, 524 qualifications of members of, 83, 516 special sessions of, term of residence of, remarks of — Mr. Gower, Johnston, Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Gower, Gray, Parvin, Scott, German-distribution of the constitution in, Gower, 568 Gray, 567 Parvin, 571 Solomon, 567, 570, 571, 572 Traer, 557, 568, 572 General Assembly-time of election of members of, 30, 37, 82, 514, 575 805 Parvin, Warren, Wilson, 1NDEX. PAGE. Parvin, 549, 1015 Skiff, 1011 Traer, 540, 1014, 101,5 Ivilson, 1015 General assembly; biennial sessions 82, 510, 558 of, to, remark8 of .,Ilr. Clarke of Alarnakee, Clarke of Henry, llarvin, Palmer, Parvin, Traer, Wilson, remarks of 39, 17, 553 83, 516, 557, 567 1015 remark8 of 976 743 976 569, 573 568 568, 1015 571 557, 569, 571 983 7-entark8 of Afr. Clarke of Johnson, Gillaspy, Hall, Harris, 983, 984 984 988 98,i 98.1 . 984 984 INDEX. PAGE manner of conducting the business of the convention, number of courts, number ofjudicial districts, 634 order of business, 88 0 political parties-upon the question of slavery, 694 printing the constitution in the Holland language, 743, 815 religious tests and competency of wit GIBSON, H. D. appointed upon the committee to conduct the President elect of the convention to his seat, appointed upon the standing committee upon state debts, appointed upon the stand ing commit - tee upon future amendments to the constitutioln, nesses, 195 report of the standing committee upon future amendments to the constitution, 603 612, 615, 618, 623 ~~~~~made a minority report from the com-626, 1032 mittee upon future amendments to the ~~~~~626, 10)32 appointed chairman of the committee of the whole, on the article upon the executive department, credentials of, made a minority report from the committee upon future- amendments to the constitution, mileage of, offered a resolution of enquiry in relation to the article upon State debts, offered resolutions for holding night sessions of the convention, 780 slavery question-course of political parties upon, 694 offered resolutions for holding nightsttbak 7 state bank, 374 state indebtedness, 263, 270 state capitol and university-location of, 771, 840 offered a resolution in relation to printing the constitution in the Holland language, 815 offered a resolution to add two mem bers to the committee on accounts and expenditures, 694 6, 823 770 6, 823 1, 840 867 university-location of, 77] voters-residence of, "white"-striking fro m the constitution the word, adding two members to the committee on accounts and expenditures, 958, 959, 860, 961 biennial sessions of the general assemsembly, 511, 561 city and county indebtedness, 424, 810 common schools, 770, 816, 823 competency of witnesses and religious tests, 195 distribution of the debates, 764 general banking, 354 giving each editor in the State a copy of the debates, 1027 judges-salaries of, 481 judicial districts-number of, 634 jurisdiction uf justices of the peace, 795, 797, 798 lieutenant governor, 595 limitation of State indebtedness, 263, 270 location of State capitol and university, 771, 840 making a minority report from the committee upon future amendments to the constitution, 36 appointed chairman of the committee of the whole upon the report of the special committee on the right of suffrage, appointed upon the standing committee upon education and school lands, 30 PAGE. 38 444 634 88 0 6 22 22 519. 6 residence of voters, salaries ofjticlges, 68 1026 481 34 815 958 remarks uvon 694 GILLASPY, GEORGE, appointed upon the standing committee on military affairs, appointed upon the standing committee on the schedule, 22 22 appointed upon the special committee to ascertain the cause of delay in printing the debatesi 664 859 6 1026 I credentials of, mileage of, moved that Mr. Johnston be added to the committee o't military affairs, nominated Phillip P. Bradley for permanent secretary, 73 I INDEX.~~~~~~~~~ 3 PAGE. nominated D. F. Gaylord for sergeant- at-arms, 7 offered a protest against the schedule, 1037 of, jurisdiction of justices of the peace, offered a resolution in relation to place of meeting of the convention, offered a resolution in relation to fixing a time for adjournment sine die, offered a resolution for holding night sessions of the convention, Lee county; division of, l eng th of school in each district, limitation of debate, limitation of state indebtedness, 261, 462 796 798 999 824 501 262 268 location and change of county seats and boundaries, location of state capitol and univer adding two members to the comm it on accounts and expenditures, adjourning over till May, adjourning over till Monday, age of gov ernor and lieutenant go ernor, making common schools free of charge, mileage of members of the convention, age of governor and lieutenant governor, 581, 582 appointment of special committee on the right of suffrage, 218 court, 462 number and classification of senators, 520 order of business, 220, 221, 223, 284 285, 287, 718, 878 879, 880, 885, 888 personal explanation, personal and general explanation, preferred creditors of banks, printing the reports of the special committee on the bill of rights, printing the reports of the special committee on the right of suffrage, county seats and boundaries, 534 court of common pleas, 643 denizens; persons other than foreigners not citizens, 130, 131, 132, 133 disposition of the school fund, 849, 993, 994 distribution of the constitution in German, 984 distribution of the debates, 764, 852 private property taken for roads, private property taken for public uses, prohibition of articles of manufacture and sale, prosecuting attorneys, provision that certain contracts for state indebtedness shall be void, publication of the debates, punishment of frauds in banking, 392, distribution of the debates, 74 5 917, 919 election of members of the general assembly, 514, 575 furnishing members with fifteen additional newspapers 75i furnishing members with reports of the supreme court, 90, 91 furnishing members with slips of the debates, 70, 72 general banking, 350, 363, 794 re-committingp of the report of the judiciary committee to that committee, 257 re-committing the report of the committee of education and school lands to that committee, 853, 854 reference of resolutions of enquiry,. 65 religious tests and competency of witnesses, 172, 174,176, 184 185, 186, 188, 195 removal of the convention from Iowa 813 City, INDEX. 31 PAGE 208 23 860 574 remar7cs upo7i 534 959 498. 499 507 sity, 877 968 986 987 813 night sessions of the convention, number of courts. number of judges of the supreme 443 659 127 205 209 477 275 67 393 394 giving each editor in the state a copy of the debates, holding ni,!-ht sessions of the conven 1026 18 tion, 2 INDEX PAGE. Skiff, 587 Warren, 587 first election under the constitution of, 914 995 impeachment of, 83, 527, 551, 574 member of the board of education, 838 845, 939, 951 pardoning power of, 1 7, 586 residence in state of, 77, 580, 597 salary of, 84, 550, 555, 578 term of office of, 39, 76, 579, 586, 590, 597 report of the committee on incorporations, 112, 156 report of the committee on amendments to the constitution, 604, 607, 608, 609 residence of members of the general assembly, 557, 569, 570 residence of voters, 860 rescinding the resolution fixing the time for adjournment sine die, 1013 rules of the convention, 10 salaries of judges, 480, 482, 493, 506 schedule; report upon, 1036, 1037 school ftun(i; disposition of, 849, 993, 994 schools to be free of charge, 968 schools to be taught in each district three months, 824' senators; number and classification of, 520 special committee on right of suffrage, 218 state indebtedness, 261, 262, 268 striking word "white" from the article on militia,. 642 striking word "white" from the article on the right of suffrage, 915 suppression of debate upon the subject ofthe removal of the convention from Iowa City, 35 supreme court; number ofjudges of, 462 system of common schools, 824, 825, 826 827, 829, 832, 833 term of office of district judges, 472, 47? term of office of governor, 590 university aind capitol; location of, 877 vote upon the constitution, 1054 voters; residence of, 860 "white;" striking from article on militia the word, 642 " white';" striking from article on the appointed upon the st anding committee on the right of suffrage, credentials of, mileage of, offered resolution of enquiry concerning the school fund, offered resolution of enquiry in relation to banking, offered resolution of enquiry in relation to the location of the seat of government, State, 772 basis of banking, 363 biennial sessions of the legislature, 510, 566 board of education, 731, 757, 950 boundaries of the State, 141, 143 city and county indebtedness, 290, 294 classification and number of senators, 520 common school system, 816, 830 compensation of secretary for distributing the journal, 985 disposition of the school fund, 744, 772 -.CakofHny58 850, 1001 distribution of the debates,! 763, 918, 922 drawing seats in the senate ci'amber, 81 32 INDEX. PAGE GILLASPY, GEORGE, remarks u.pon remork8 of Mr. Cl,.,trke of Henry, Gillaspy, Hall, Palmer, Skiff, Solomon, Wilson, veto power of, 586 590 580 580 586 590 586 77, 83, 525, 589, 596 GOWER, ROBERT, 21 6 1026 47 59 88 rema?-k8 upoit allowing students to vote, 665, 869 assumption of school fund by the 915 77, 580, 597 35, 17, 83, 525 589, 596, 1012 17, 583 77, 580, 586, 597 77, 587 duties o eligibility to office of, filling vacancy in office of, remark8 of Mr. Clarke of Henry, Clarke of Johnson, Marvin, 587 .58 7 587 INDEX. PAGE GRAY. HOSEA W. appointed upon stan(ling colmmittee upon the executive departmnent, 21 appointed upon the standing comimittee upon the schedule, 22 appointed chairman of the committee of the whole upon the article upon State debts, 269 appointed upon a committee to examine the new constitution, 1048 called convention to order on the first day of its session, 5 credentials of 6 mileage 6f, 1026 nominated Mlr. E. N. Bates for assistant secretary, 7 offered resolution in relation to the rules of the convention, 9 offered a resolution in relation t o man. ner of drawing seats in the senate chamber, 81 offered resolution that the convention thereafter hold its sessions in the senate guaranteeing to the school and university funds all losses in consequence of fraud and mismanagement of State officers, 277 judicial districts-number of, 475 jurisdiction of justices of the peace, 797 Leo county-division of 1000 length of school in each district, 816 limitation of State indebtedness, 261, 267 location of State capitol, 922, 925 o location of State university, 770, 922, 925 number of courts, 254, 445 number ofjudicial districts, 475 number and classification of senators, 520 order of business, 884 printing the constitution and journal, 814, 983 printing the constitution in German, 976 private property for public uses, 205, 206 removal of convention from Iowa City, 16 report of the committee on amendments to the constitution, 615 residence of members of the general assembly, 568 chamber, offered a resolution concerning the mileage of members of the convention, offered a resolution to presi ent a chair to the president of the convention, of the debates, 1027 judges; salaries of, 481, 504, 505, 506 legislative department, 758 lieutenant governor, 591 residence of members of the general assembly, 567 salaries ofjudges, - 481, 504, 503, 506 submission of laws to the people, 801, 803 Gray W., compensation for enrolling the constitution, 1051 Great seal of the State, 77, 588 school fund, 744, 772, 850, 1001 senators, number and classification of 520 State bank and branches, 373, 374, 377 State boundaries, 141, 143 State capitol and university; location of, 770, 922, 925 State indebtedness, 6, 261,267 striking word " white" from the constitution, 680 students not to be allowed to vote, 665, 869 submission of laws to the people, 804 system of common schools, 816, 830 temporary court for the trial ofjudges and other officers, 457 university and capitol; location of, 770 922, 925 veto power of the governor, 525, 526, 567 "white;" striking from the constitution the word, 680 Grand jurors-resolution of enquiry in relation to empanelling, 48 Grants, to be sealed with the great seal of the State, 77, 588 33 P.TGE 81 990 1022 rentarlc,3 upon city and county indebtedness, giving each editor in the State a copy of the debates, 295 Greene's reports. compensation secretary of state for distributing, purchase of, 1048 1051 re,ntarks of Mr. Clark of Al-tmakee, 1052, 1053 1051,1052,1053 1052 1053 1052, 1053, 1054 1052,1053 1053,1054 Clarke of Jolinson, Hall, Harris, Jobnston, TodhuDter, Traer, INDEX. PAGE. PAGE made a minority report from the special committee on printing the journal and constitution, 973 mileage of, 1026 moved to furnish members with five slips of the debates, 68 nominated (by Mir. Johnston,) for president of the convention, 6 nominated Willis Conard for first mes Gr-ievances-right of petition of the people for redress of, 100, 129, Guaran teeing the school and university funds against losses in consequence of the mismanagement or frauds of State officers, nominated Willis Conard for second messenger, offered a resolution to furnish members with a list of organized counties, and Parker's sectional map, offered a resolution in relation to resolutions of enquiry, offered a substitute for a resolution in relation to entering reports, resolutions, &c., at length upon the journal, offered a resolution that reports of committees be acted upon in the order of their appointment, offered a resolution for adjournment sine die on the fourth of March, offered a resolution that Henry P. Scholtz be employed to translate and print the constitution in the Holland language, offered a resolution concerning the mileage of members of the convention, offered a resolution to furnish each editor in the state v ith a copy of the debates, appointed upon the committee to draft rules for the convention, appointed upon the committee in relation to the employment of a reporter of the debates of the convention, appointed upon the standing committee upon the judic i al d epartment, appointed upon the standing committe e upon the militia, appointed up on the standing committee upon education and schools,. appointed upon the special committee upon the article on the right of suffrage, appointed upon the special committee upon the article on incorporations, appointed upon the special committee upon the distribution of the debates, appointed upon the spec.al committee upon the printing of the constitution and journal, appointed upon the committee to examine the new constitution, credentials of, made minority report from the select committee on the right of suffrage, made minority report fi'om the second committee on education and school h-,ilds, offered a resolution of t hanks to the officers of the convention, 1034 offered a protest against the schedule, adjourning over till May, age of members of board of educa amendment of the rules, 49 appointment of special committee upon basis of representation, 62 appointment of paper folder to the convention, 95 appointment of special committee on right of suffroge, 218 appointment of special committee on bill of rights, 223, 224, 225 assumption by the state of the school 34 PAGE. PAGE 272 277 re?izarles of Alr. Cl,-irke of Alanialee, Cl-ti-ke of Ileni-y, Clai-ke of Johnson, Gower, 11 a, 1, Jolinston, Skiff, Yoiin, Guarclian-resolution of enquiry in lation to the sale of real estate by, 278 279 277, 278 277 273, 278 279 277, 278 279 senger, 7 7 26 48 48 85 H Habeas corpus-granted when for according to law, when to be suspended, applied 125, 141, 202 99, 125, 202 95 502 HALL, J. C. 10 986 980 11 22 1026 22 22 remarks upon 219 499 430 tion, 780 815 1048 6 649 873, fund, 172 INDEX. 35 PA(}E. PAGE Exclusive jurisdiction of the United States over territory in Iowa, 210, 212 Expenses of board of education, 952, 965 966 basis of representation, 546 bienniai sessions of the general assem 510, 512, 559 board of education, 6 00, 721, 723, 725 c730, 750, 754 937, 942, 946 boundaries of the state, 141, 142 calling extra session of the general furnishing members with twenty-five daily newspapers, 23, 25 furnishing members with slips of debates, 29, 68, 70, 73 furnishing members with the reports of the supreme court, 88, 89, 91, 92, 93 general banking, 346, 348, 350, 352 353, 357, 359, 774 giving each editor in the state a copy of the debates, 1026, 1029, 1028 Greene's Reports of the Supreme Court; purchase of, 1052 guaranteeing to school and university funds all losses from fraud and mismanagement of state officers, 273, 278 habeas corpus to be granted when lawfully applied for, 125 impairing the right of property, 208 issues of paper money by other than assembly, 584 capitol and university; location of, 877, 931 chancellor of board of education, 7o70 city and county indebtedness, 51, 52, 292 295, 299, 302, 303 305, 307, 813, 314 324, 327, 328, 332 343, 421, 426, 806 classification and number of sen ator s, 517 518, 521, 522, 523 common law in this state, 213 common sche ools, 827, 830, 831, 835 c o mmon schools to be free of charge, 968 969 compensation of board of education, 956 962, 964 compensation of the chaplain, 760, 761 compe tency of witnesses and religitests. 172, 174, 176, 178 189, 190, 735 contracts for state indebtedness to be void in certain cases, 275, 282 county seats and boundaries, 535, 538 criminal prosecutions; manner of conducting, 120, 122, 123, 730 delay in the publication of debates, 496 denizens; persons not citizens, other than foreigners, 134, 131, 132 136, 135, 186 disposition of the school fund, 772, 994, 1001 distribution of the constitution in German, 983 distribution of the debates, 918, 919, 920 division of the state into judicial dis judges of the supreme court; number 446, 447, 463, 466 judges of the supreme court; election jurisdiction of district courts, 459 jurisdiction of the United States over territory in Iowa, 210, 212 jury trial) - 119 Lee county; division of, 1000 length of sessions of board of educa length of schools in each school district, 819, 822, 824 limitation of state indebtedness, 268 limitation of debate, 501 location of public lands by the state, 801 location of the capitol and university, 877 931 location of county seats and boundaries, 535, 538 manner of conducting criminal prosecutions, &c., 120, 122, 123, 730 mileage of members of the convention 987, 989 E INDEX. 35 PAGE. PAGE filling temporary vacancies in district bly, courts, 459 first elections under the new constitu tion, 996 403 banks, of, 0 f, 459 459 tiou, 769 tricts, 876 82 62 450 452 645 drawing seats in the senate chamber, education of negroes and mulattoes, electing judges of the supreme court, election of Uiiited States senators, electing members of board of educa tion, 768 INDEX. PAGE recommittingreport ofjudiciary conmittee to said conmmnittee, municipal corporations holding bank stok, 9 289, 290 negroes and mulattoes; education of, 6_ negroes and miulattoes; right to give testimony and hold property, 395 nomination of Willis Conard for mes removal of convention fromn Iow,a City, 13, 15, 17, 18 reference of resolutions of enquiry, 46 65, 67 religious tests and competency of witne es ses, 172, 174, 176, 178 189, 190, 735 re-organization of courts and judicial districts, 637 report of the committee on the distri published, 54, 5,7 number of board of education, 76 a number of courts, 227, 229, 246 255, 434, 438 number of judges of supreme court, 446 447, 460, 463, 466 number of classification of senators, 517 518, 521, 522, 523 number and length of sessions of board of education, 769 oath to be taken by members of the convention, 89 offering resolutions of inquiry, 86 order of business, 97, 216, 217, 222 284, 286, 287, 719 720, 878, 879 881, 882, 885 paper folder to the convention, 95 paper money issued by other than report of committee on incorporass, 105, 107, 111 146, 155 report of committee on future amendments to the constitution, 615, 616, 617, 621 622, 623, 624, 625 1031, 1032 tion of United States senators, 645 salaries of judges, 480, 481, 483 . 484, 486, 491 505, 506, 507 salaries of state officers, 555, 556 schedule; report upon, 1037, 1040, 1041 school fund; * 772, 994, 1001 schools to be free of charge, 968, 969 senators; number and classification of, 517 518, 521, 522, 523 sessions of board of education, 769, 825 ks, 403 personal and general explanations, 1056 1065 sion of the general assembly, 584 preferred creditors of banks, 396, 397 401, 790 printing one hundred copies of the constitution, 11 printing the reports of the special committee on the right of suffrage, 658, 662 printing the journal and constitution, 815 9'76, 978,980 private property taken for roads, 128 private property taken for public uses, 206 prohibition of articles of manufacture and sale, 139 publication of the debates, 27, 54, 57 publication of laws in newspapers, 530 punishment of frauds in banking, 392, 393 sla very queson; action of political parties upon, special committee on basis of representation, 62 special commnittee on bill of rights, 223 224, 225 special committee on right of suf suppression of debate upon the removal of th-e conivention from Iowa City, 35 36 PAGE. HALL, J. C. re7iia,7-Ics upon, 2 i-) 8 7, 8 senger, number of copies of debates to be bution of powers, ' —,17 I tion of cial ele 80 81 ban political parties upon the subject of of slavery, power of governor to call extra session of the general assembly, preferred creditors of bank-,, 396, G87 687 frage, 2-18 1, 142 6, 389 268 801 state boundaries, state bank, stit tion , 687 submission of laws to the people, 802', 804 purchase of Greene's Report of the 1052 gtipreme coii-t, INDEX. PAGE supreme court judges; number of, 446, 447 463, 466 supreme court judges; election of, 450, 454 system of common schools, 819, 822, 824 .827, 830, 831 835, 968, 969 taxes for schools and school houses, 841 842 o,mnnrarv vacancies in district courts 459 moved to furnish members with twenty slips of the debates, 68 offered a resolution to furnish members with fifteen additional newspapers, 74 offered a resolution for the appointment of a standing committee upon charitable institutions, 96, 118 offered a resolution of thanks to the secretary of the convention, 1028 remarks upont 459 580 119 212 645 931 459 adjournment over till May, adjournment sine die on the fourth of appointment of special committee upon s of representation, ~ 62, 63 appointment of standing committee n charitable institutions, 95 appointment of special committee up he bill of rights, 224 appointment of special committee up he right of suffrage, 218 basis of general banking, 775 basis of representation, 545, 554, 578 biennial sessions of the general asser 511, 513, 564 board of education, 937, 944 boundaries of the state, 141 capitol and university; location of, 926 city and county indebtedness, 291, 301, 306 a313, 329, 425 classification and number of sena 518, 520, 523 competency of witnesses, and religious aot un epies, 174, 180, 184, 186, 188 conduct of first messenger, 275, 276 contracts for state indebtedness, in ain cases to be void, 274, 281 court of common pleaseF 643 criminal prosecutions; manner of conting, 119, 120, 123, 736, 737 denizens; persons not citizens, other foreigners, 130, 133, 136 disposition of school fund, 848 distribution of debates, 852 distribution of the constitution in Ger tion of, 877, vacancies in district courts, vote of the people upon calling a convention to revise the constitution, 1031, ] "white"; striking from the constitution the word, HARRIS, ANOIS, appointed upon the standing commit tee upon the right of suffrage, appointed upon the standing commit tee on education and school lands, appointed upon the committee to examine room for the convention, appointed upon the special committee upon basis of representation, appointed upon the committee to num ber seats in the senate chamber, appointed upon the special committee upon the bill of rights, appointed chairman of committee of the whole upon the report of the committee on the judicial department, credentials of, made report from the committee to examine room for the convention, made minority report from the special committee on the bill of rights, mileage of, 1 moved the appointment of a commitupon the subject of the removal of the convention from Iowa City, m oved reference of resolu tion of enquiry in relation to city and county indebtedness to standing committee upon incorporations, moved to furnish members with twen districting the state for judicial purposes, 874, 875, 876 drawing seats in senate chamber, 81, 82 exclusive jurisdiction of the United States over territory in Iowa, 210, 212 expenses of board of education, 966 first messenger; conduct of,. 275, 276 37 PAGE. 500 .Ilarch, 503 687 on 21 bly, 984 maD, ty-six slips of the debates, 68 8 INDEX. PAGE order of business, 97, 98, 217 221, 284, 288, 881 personal and general explanations, 1062 political parties, upon the question of first election of county officers and district judges under the new constitution, slavery, preferred creditors of banks, printing the reports of the special committee upon the bill of rights, printing of the journal and constitution, fuirnishing members with slips of debates, 28, 68, 70, 178 furnish ing mem bers with the rep orts of the supreme court, 88, 89, 92 private property taken for roads, 126, 128 private property for public uses, 202, 204 prohibition of negroes and mulattoes from coming into the state, 918 prosecuting attorneys, 476 publication of the debates, 41, 45, 55 purchasing Greene's report of the supreme court, 1053 recommitting the report of the judi ciary committee to that committee, 258, 259, 509 recommitting the report of the committee on education and school lands, to that committee,.854 reference of resolution of enquiry 1o judiciary committee, 64 registering of the voters of this state, 869 religious tests and competency of witnesses, 174, 180, 184, 186, 188 removal of the convention from Iowa general banking, 775 giving each editor in the state a copy of the debates, 1027 Greene's reports of the supreme court; purchase of 1053 holding night sessions of the conven instructing committees to report by a certain time, 627 judges of supreme court; number of, 463 judges; salaries of, 479, 483, 484 judicial districts; number of, 509, 632, 634 judicial districts; plan of, 874, 875, 876 jurisdiction of justices of the peace, 811 jurisdiction of the United States over territory in Iowa, 210, 212 length of schools in each school district, 817, 822 lieutenant governor, 594 limitation of debate, 361 City, repeal of incorporations, 10t 156, 16, report of committee on amendments to the constitution, 604, 606 616, 1031, residence of voters, 860, 864 salaries of judges, 479, 483 salaries of stat; officers, schedule; report upon, 1038, 1042, 1043, 1045, 1046, schools in each school district, 81 school fund, scholars in common schools, limitation of state indebtedness, 269 270, 271 location of state capitol and university, 926 manner of conducting criminal prosecutions, 119, 120, 123, 786, 737 mileage of members of the convention, 988 negroes and mulattoes to be prohibited from coming into the state, 913 negroes and mulattoes; right to hold property and give testimony, 396 732, 733 813 54, 469, 470 urt, 463 4757 509 632, 634 sena18, 520, 523 senta 553, 554 ber of, 553 slavery question; political parties special committee on basis of representation, 62, 63 38 INDEX. PAGE. HARRIS, AMOS, rentarlcs upoiz 905 398 996 furnish members with twenty-five daily newspapers,' 25 655 974 tion, 813 842 7 ti23 , 554 905 upon, special committee on the right of suf frage, 2-18 tives, offering resolutions of enquiry, 86 INDEX. 39 PAGE. INGSWO, JERPAGE HOLLINGSWORTH, JEREMIIAH. special committee on the bill of rights, 224 state bank, 375, 383, 389 state boundaries, 141 state indebtedness, 269, 270, 271 state officers; salaries of, 550 submission of laws to the people, 804 supreme court; number ofjudges of, 463 time of taking effect of laws, 551 appointed upon standing commmittee on the right of suffrage, 21 appointed upon the standing committee on the mnilitia, 22 appointed upon the select committee on the basis of representation, 74 credentials of, 6 mileage of, 1026 House of representatives; age of members of, 83, 515 apportionment of, 84, 540, 1011, 1013 timeof ing effe of laws, 551 United States; jurisdictionover territory in Iowa, 210, 212 university and state capitol; loca veto power of the governor, 526 voters; registry of, 869 vote of the people upon calling convention to revise the constitution, 1031, 1032 voters; residence of, 860, 864, 867 "white;" striking from the constitu tion of the word, Hawkins, James, appointed messenger Mr. Clarke of Henry, Clarke of Johnson, Marvin, Skiff, Traer, Wilson, House of representatives; presentsation in, basis of re 275, 543, 554 557, 579 remarks of Mr. Clarke of Henry, 554, 555 Hall, 546 Harris, 545, 554, 578 Marvin, 548 Parvin, 544, 546, 554 Solomon, 546, 549, 577 578, 579 Traer, 543, 554, 578 House of representatives; first election under new constitution of members of, 914, 996 number of members of, 84, 541, 552, 576 Mr. Clarke of Johnson, Edwards, Harris, Skiff, Warren, Young, 276 Hawkins, James; rate ofver diem of, 859 amount of per diem of, 1050 Highways; resolution of enquiry in relation to laying out, opening and working, 48 legislature to pass no special laws in relation to, 84, 531 Holding night sessions of the convention, 573, 780, 813 Mr. Clarke of Johnson, Harris, Palmer, 5 Solomon, Traer, Wilson, House of representatives; quali of members of, term of office of members of, akee, 813 :y, 573 Wlo n, 57 3, 814 813 i 813 813 673 815 573 813 573, 813, 814 printing of the con 743, 973, 986 i !NDEX. 39 PAGE. tion of 926 526 869 remark4 of 1015, 1016 1013, 1014, 1015 1016 1011 540, 1014, 1015 1015 905 pro tem, elected first messenger, conduct of, 5 8 ,275 remarks of 276 276 275, 276 275, 276 276 276 859 . 1050 remarks o.( remarks of Mr. Clark of Alam Clarke of Ht nr Clarke of Johns Gillasr)y, Harris, Johnston, Palmer, Skiff, Solomon, Todhunter, Wilson, 83, 515 83, 514, 550 83, 516, 557 567, 1015 term of residence of, remarks of Ir. Clarke of Alamakee, Clarke of He.nry, 569, 578 568 Holland language; stitution in, 40 INDEX. IMAGE. PA6E resolutions of inquiry referred to, 38, 39, 52 third reading of article upon, 1022 yeas and nays upon the final passage of the article upon, 1024 Indebtedness of cities and counties Clarke of Johnson, Edwards, Gillaspy, Gower, Gray, 56 7 Parvin, 571 Solomon, 567, 570, 571, 572 Traer, 557, 568, 572 House of representatives; time of electing members of, 83, 514, 550 to have sole power of impeachment, 83, 527 Howell, J. B.; admitted to the floor of the convention as reporter for the Gate City, 19 Howe, S. S.; communication from, concerning the publication of the debates, 11 admitted to the floor of the convention as the reporter from the Iowa City Republican, 19 421, 423, 425, 426 4 27, 777, 808 52, 3 301 325, 343 344, 416, 805, 805 50, 51, 52, 304, 305 309, 336, 344, 415 417, 418, 421, 425 425, 426, 427, 776 805 293, 295, 300, 301 304, 306, 316, 330 335, 421,492, 423 425, 776, 806, 812 322 51, 297, 315, 316 317, 318, 812 424, 810 294, 307, 328, 416 421, 777, 778, 805 290, 294 295 Idiots and insane persons not allowed to vote, 36, 869 Impeachment; cases of, not pardonable by the governor, 77, 586 cases to be tried before the senate, 83, 527 effect of conviction, 83, 527, 551, 574 house of representatives to have sole power of, 83, 527 officers liable to, 83, 527, 551, 574 temporary court for trial of cases of, 260 Imprisonment for debt; only in cases of fraud, 99, 129, 207 for militia fines, only in time of war, 99 129, 207 Incidental printing of the convention; John Teesdale employed for the, 24 51, 52, 292, 295, 299 302, 303, 305, 307 313, 314, 324, 327 328 332, 343, 421 426, 806 291, 301, 306 313, 329, 425 51, 291, 302, 342 343, 426, 776 290, 297, 312, 423 298 305, 307, 314, 425 297 317, 318, 417, 805 333 313, 422 290, 311,415 425, 427, 808 311, 776, 778 421, 775, 776, 777 51 Incorporation of cities and towns; legislature to pass no special laws for, 84, 531 Incorporations; appointment of standing committee upon, 22 appointmentof select committee upon, 430 Marvin, Palmer, Parvin, Patterson, Peters, Price, Scott, Skit, Mr. Clarke of Henry, petition referred to standing committee upon, report from standing committee upon, report from select committee upon, INDEX. 40 PAGE. PAGE Hou,e of representatives; term of relsidence of members of remar7c8 of 568, 1015 511 557, 569, 571 568 567 571 reinark8 of 291, 292, 29 306 51, 318, 324, 418 Mr. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, I Ells, Emerson, Gibson, Gill'Ilspy) Gower, Gray, Hall, Ilarris, Johnston, remarks of 429 Solomon, Traer, Warren, 24 96 648 INDEX.~ ~ f L4.1 Iowa Cityv-location of the State university at, 40, 47, 648, 770 801, 811, 824, 838 877, 922, 1017 relation to limitation of, remarks of Mr. Bunker, Clarke of Alamakee, Clarke of Hteniry, Clarke of Johnson, Edwards, Gibson, Gillaspy, Gower, Hall, 271 266, 267, 268, 272 267, 272, 277 265 2P3, 2 70 261, 262, 268 261, 267 268 269, 270, 227 267 270, 272,'277 261, 264, 285, 271 268 271 - 265 271 272 262, 264, 265, 268 270 261, 263, 264, 265 266 265, 270 Iowa City; removal of convention from, 5 12, 22 Mr. Ayres, Bunker,' Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Emerson, Gillaspy, Gower, Hall, Harris, Winchester, 265, 270 Infamous crimes-disabilities of persons convicted of, 180, 869 Insane persons and idiots not to be allowed to vote, 36, 869 Instructing committees to report by a certain time, 626 Johnston, Mr. Clarke of Henry, Edwards, Harris, Johnston, Palmer,, 627 Parvin, 627 WIilson, 627 Insurrection-State to have power to contract debts to suppress, 54, 273, 279 Invasion-State to have power to contractdebts to repel, 52, 273, 279 suspension of the writ of habeas corpus in time of, 99, 125, 202 Involuntary servitude, except for crime, prohibited in the State, 100, 138, 209 INDEX. 41 PAGE. PAGE 1 328 7 422 421 Wilson, Young, Indebtedness of the Sta,te-provision in 260, 26 rernarks of 934 928 924, 925 838, 926 87T, 930 i- I 1, 840 871 770,922,925 877, 931 926 801 877, 933 839 171 816,317,822 1017 801, 839, 1017 Afr. Bunker, Clarke of Henry, Clar'ke of Johnson, Edwards, Gibson, Gillaspy, Gower, Hall, ll,,ti-ris, Johnston, IPalmer, Parvin, Patterson, Scott, Skiff, Solomon, Todhunter, Traer, Hai-ris, Job-nston, Palmer, Skiff, Solonion, Todhunter, Traer, Winchester, remarks of Wilson, 7 14 7 17 15, 17 11, 12, 14, 16, 18 18, 20 11, 12, 13 17, 18 18 16 13, 15, 17, 18 17, 18 0 remarks of 627 627 627 627 627 627 62 i 11 13, 17 16, 17 12 12, 16 17, 18 Parvin, Patterson, Todhunter, Traer, Wilson, Iowa City Republican, admission of reporter of, upon the floor of the convention, Iowa City Republican, Mr. Edwards moved to subscribe for each member of the convention five copies of, Issuing of paper money, resolution in relation to, 19 23 3 9 42 INDEX. PAGE. PAGE banking under general laws, 347 board of education, 724, 725, 766 city and county indebtedness, 51, 291, 302 r342, 343, 426, 776 classification and number of senators, 523 compensation of enrolling clerk, 1055 competency of witnesses, and religious appointed upon committee to draft the rules of the con vention, appointed upon the standing commit tee upon the distribution of powers, and the legislative department, appointed upon the standing com mittee upon incorporations, appointed upon the standing commit tee on militia, appointed chairman of the committee of the whole upon the article upon the judicial department, appointed upon the committee on accounts and expenditures, appointed upon the select committee upon the school fund, credentials of, made a report from the committee on accounts and expenditures, made a report from the committee on accounts and expenditures concerning the mileage of members, made a report from the committee on accounts and expenditures upon the cost of newspapers furnished to members, mileage of, nominated J. C. Hall for president of the convention, offered a resolution of enquiry concerning the article upon the legislative department, offered a resolution of enquiry con cerning the article on education and school lands, offered a resolution concerning the per diem of the president of the convention, offered a resolution of thanks to the president of the convention, offered a resolution for the appointment of a select committee upon the school fund, ~tinuing in office present legislature ate officers, 646 minal prosecutions; manner of ing, 201 position of the s chool fund, 846, 847, 850 nishing members with newspapers, 10 nishing members with reports of reme co ur t, 94 leral banking, 347 Lene's reports of the supreme court; e of, 1052, 1053, 1054 ranteeing school and university Lgainst losses in consequence of n mismanagement of State offi cers, 279 ding nig ht s es sions, 813 ebtedoess of the Sta te, 267 tructing committees to r eport by a time, 627 county; division of, 999, 1000, 1036 itation of d ebate, 362, 502 itation of State indebtedness, 267 ation of State university, 801 eage of members of the convention, 989 nner of conducting the b usiness of vention, 38 nner of conducting criminal pross, 201 itia; s ge of persons to serve in, 641 lht sessions of the convention, 813 nber of courgs, 439, 444 nber and classification of senators, 523 nber and length of sessions of the f education, 769 h to be taken by members of the ion, 9 ring resolutions of enquiry, 31, 40, 46 86 cers of the board of education, 770 er of business 216, 329, 717 sonal and general explanation, 1061 tage of the convention, 1049, 1055 tponing the report of the commit the legislative department, 219 nting the reports of standing com age of persons to serve in the militia, appointment of the standing commit. tees of the convention, appointment of the special committee upon the basis of representation, appointment of the special committee upon the bill of rights, 223, appointment of the committee on accounts and expenditures, INJDEX. 42 JOHNSTON, EDWARD. 10 21 tests, 200 2 li'4 227 t,-43, the 181 6 758 1025 1026 1026 30 39 760 1022 78 remar7cs tipon 741' mittees, 37 INDEX. ~~~~~~~~P E. PG p t t ro o h aHarris, 974 Marvin, 814, 982 Parvin, 742, 814, 974 975, 977, 979 Skiff, 975, 976, 978 Solomon, 983 Traer, 980 Wilson, 973, 974 975, 977, 978 Judges of the district courts; first election under the new constitution of, 914, 996 printing the reports of the special committee on the bill of rights, 656 printing the constitution in German, 743 publication of the debates, 44, 54, 58 purchasing Greene's reports of the supreme court, 1052, 1053, 1054 reco mmitting th e r eport of the judiciary committee to said committee, 256, 257 religious tests,.and competency of wit impeachment of, manner of electing, salaries of, repeal of banking laws, retaining present legislature and state officers in office, salaries of state officers, officers in office, 6654 5,55 7 salaries of state officers, schedule; report upon, 1037, m school fund; disposition of, 846, 847, senators; number and classification of, sessions of the board of education, special committee upon the basis of representation special committee on the bill of rights, 480, 489 480,485, 489 491, 493, 505, 507 479, 481. 485, 487 489, 491, 493, 506 488, 504 488 487 486 481 480, 482, 593, 506 181, 404, 50Z, 506 480. 481, 483 484, 486, 491 505, 506, 507 479, 483, 484 482, 483 505 485, 487 506 479, 483 479, 484, 490 491, 493, 506 481 state indebtedness, limitation of, state university; location of, suppression of debate upon the subject of the r: moval of tbe convention from Iowa City, term of the sessions of the board of education, 969 university; location of, 801 vote upon the constitution, 1055 Journal of the convention; compensation of the secretary for enrolling, 877 enrolled copy to be deposited in the office of the secretary of state, 758 to be examined and corrected by the president of the convention, 20 resolution concerning the placing reports, resolutions, &c., at large upon, 64, 85 resolution concerning the printing annd distributing of, 742, 814, 972 Harris, 479, 483, 484 Marvin, 482, 483 Patterson, 505 Peters, 485, 487 Solomon, 506 Traer, 479, 483 Wilson, 479, 484, 490 tria of 49116, 49260, 45706 Winchester, 48 1 Judges of the district courts; term of office? of, 115, 259, 457 trial of 116, 260, 457 vacancies in office of, 116, 260 Judges of the supreme court; classification of, 115, 259, 449, 472 first election under the new coustitutution of, 914, 995, 996 impeachment of, 83, 527, 551, 574 jurisdiction of, 116, 259, 448 manner of electing, 115, 259, 449 number of, 115, 259, 446, 462 I 49 PAGE. PAGE 200 nesses, removal of the convention from Iowa 11 83, 527, 651, 674 115, 259, 455 84, 116, 259, 478 504, 550, 555, 578 City, 406 remarks of Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, 62 223 226 267 801 'Day, Ed%virds, Ells, Emer3on, Gibson, Gillaspy, Gray, Httll, 35 rentarlcs of I9-18, 9-,9 973, 974, 981 975, 981, 982 814, 815, 973 974, 975, 9 7,9 97-',,976,977 814, 983 815, 976, 978,.980 Mr. Bunker, Clark of Ala-makee, Clarke of Henry, Clarke of Johnson, Edwards, Gower, Hall, F 4 I ?$ of Mr. Clarke of Henry, 464 Clarke of Johnston, 463 Gillaspy, 448, 463, 466 Ilall, 447, 448, 462, 464 H'.rris, 258, 259 462 Johnstonr,, 25, 446, 447, 463, 466 Parvin, 463 Traer, 447, 448 judicial department; reference of sec 462 tions eleven and thirteen of the bill of rights to standing committees upon, 140 report of committee upon, 140 resolutions of enquiry referred to committee upon, 33, 38, 46, 47, 81, 82 second majority report from standing ing committee upon, 259 second minority report from standing ing committee upon, 260 third reading of article upon, 1019 yeas and nays upon final passage of article upon, 1020 Judicial districts; first general assembly under the new constitution to divide the State into, 915, 998 number of, 115, 259, 450, 475 508, 628 Wilson, 449, 451 Judges of the supreme court; reporter of, 116, 260 salaries of, 84, 116, 259, 478 504, 550, 555, 578 Clarke of Johnson, 489, 491, 493, 506 remarks of Dasy, Edw-ards, Ells, Emerson, Gibson, Gillaspy, Gray, Hall, Mr, Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, 629, 630 629, 633 509, 629 631 634 475 475, 509, 632, 634 630 635 629 631 634 Parvin, Patterson,. Price, Skiff, Wilson, Winchlester, Young, Judicial districts; plan of, re-organization of, Winchester, 481 Judges of the supreme court; term of office of, 115, 259, 449. 471 trial of judges of, 116, 260, 457 Judicial department; appointment of standing committee upon, 10, 19, 22 majority report from standing committee upon, 115 minorit y repo rt from standing com mittee upon, 116 recommitting reports to standing committees ulpon,'256, 509 O II 44 INDE-X. PAGE. PAGE I i remar7cs of 1 2 l, 8 509 2.5 7 2.5 7 1 509. 6, 257 256 258 i'Nlr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johiiso.,i, Gilia,,:py, Hall, Harris, Palmer, Traer, remark8 of illr. Cl,,trk of Alamakee, Clarke of Henry, Edwards, Gibson, Gower, Ilari-is, Harris, Marvin, Patterson, Peters, Solomon, Traer, Wilson, 633 632, 634 874 116, 260, 460, 507 628 remarks of Ir. Clarke of Henry, Clarke Of JOHDSOD, Hall, Palmer, Wilson, 638 460, 507, 6,-,6, 636 1 637 460 507, G36 INDk'X. 45' t~~~~~~~~AE PAGE Judicial districts: resolution calling for I I information in relation to, 40 Jurisdiction of justices cf the peace, 48, 124 Keokuk Times; reporter of, admitted to 643) 795, 810 the floor of the convention, K Iynett, Rev. Alpheus, appointed chap remarks of — lain of the convention, Iomnsatin of, Mr. Bunker, Clarke of Alamrnakee, Clarke of Johnson, Gibson, ~Gillaspy, Gower, Mr. Clarke of Johnson, Hall, Harris, 811 Palmer, 124 Skiff, 795 Jurisdiction of the courts, 116, 259, 455 of the United States over territory in the State of Iowa, 138, 209 |Lacossit, HI. B.; admitted to the floor of the convention as the reporter of the "North West,,' Lands; leases of limited to twenty years, 213 location by the State of public, 648, 801 811 remarks of Mr. Clark of Alamakee, Clarke of Johnson, Hall, Price, 801 Lands, school. (See school lands.) Laws; character of banking, 96, 344, 362 419, 775 Winchester, Jurors; resolution of enquiry in relation to empaneling, Jury trial; provision in relation to, 6 Mr. Clarke of Alamake Clarke of Henry, e, 370, 371,386 347, 350, 353, 358 859, 364, 368, 370 77,9, 789 346, 791, 792 344, 346, 351, 789 347, 348 354 350, 363, 794 363 346, 348, 350, 352, 353, 357, 359, 794 775 Mr. Clarke of Alamakee, Clarke of Johnson, Hall, Scott, Todhunter, Justices of the peace; resolution of enquirk in relation to practice in courts of, jurisdiction of, 48, 124, 140, Clarke of Johns on, Edwards, Ells, Gibson, Gillaspy, Gower, Hall, Hari is, Marvin, Palmer, Parvin, Peters, Skiff, Solomon, Traer, Wilson, Mr. Bunker, Clarke of Alamakee, Clarke of Johnson, Gibson, Gillaspy, Gower, Harris, Palmer, Skiff, I i I 1NDEX. 45 PAGE. PAGE i 19 24 76o remarlc.3 of 760, 761 760, 761 760 760, 761 Solouaon, Todhunter, L 23 remarks of ,Ilr. Emerson, H-,tll, H.,trris, Peters, Solomon, Wilson, , 211 1 212 7212 ,213 1211 ,212, 212 1 48 ii 4, 99 , 201 i 811 801 801 801 remarks of remarks of 119 119 119 119 119 48 201 643, 795, 810 remarks of 788 372, 786, 787 347, 354, 785, 788 357 346 394'791 187, 788, 789 855, 358, 363, 370 775, 189 870 797 795, 796 125, 810 795, 797, 798 796, 7,9 8 797 811 124 7'9 5 1 YOUX)G, 46LDX PAGE. Laws; repeal of banking, 97, 405, 649,772 Mr. Hall, 330 Harris, 551 Palmer, 530 Wilson, 530 Laws to be of uniform operation, 84, 99 118, 200, 531, p51, 575 Mr. Clarke, of Henry, 404, 405, 773, 774 Clarke of Johnson, 404, 773 Johnston, 406 Palmer, 405 Skiff, 404 Wilson, 404, 405, 406 Laws for establishing corporations; repeal of, 104, 143, 407, 420, 629 remarks of Mr. Bunker, 165 Clark of Alamakee, 106,107, 111, 113 114, 156, 401 Clarke of Henry, 104,110, 111, 115 152, 154, 165, 168, 412 Clarke of Johnson, 105, 108, 145, 158 160, 161, 408, 409 Lay on the table, motion to; to be decided without debate, effect of motion to, ) Leases of land to be limited to twen. ty years, Leave of absence granted to Mr. Cot Traer, Winchester, Lee, Judge F. H., administered the oath to members of the convention, 12 Lee county; provision in relation to the division of, 999, 1036 Peters, 144, 145 Price, 151 Scott, 104 Stiff, 164, 168, 407, 40 8 Solomon, 161 Traer, 145, 409 Wilson, 105, 106, 107, 111 114 1, 1 53, 154 7 15 J 160, 161, 407, 408, 409 Winchester, 1 58 Laws; submission to the people of, 53, 97 140, 273, 279, 407 420, 556, 749, 773 801, 811 Mr. Bunker, Clarke of Henry, Edwards, Gillaspy, Gower, Hall, Johnston, Parvin, 990 Patterson, 999 Todhunter, 1036 Traer, 1000 Wilson, 999, 1000 Legislative department; appointment of standing committee upon, 10, 19, 21 consideration of report of standing committee upon, 509, 758 petition referred to standing commnittee upon, 79 report from standing committee upon, 82 resolutions of inquiry referred to standing committee upon, 23, 33, 35, 38 third reading of article upon, 1008 yeas and nays upon the final passage of the article up(,n, 1017 Legislature; special sessions of, 39, 17, 5 c Laws; to remain in force under the new constitution, 914, 994 time of taking effect of, 84, 529, 551 46 INDEX. PA(,'E rema2-ks of remarks of remarks of Mr, Clarke of Johnson, 532 50, 1 532 532 Edwat-ds, Palmer, Parvin, i 25 213 ton, 87 276 1034 D:iy, Edwards, Harris, Palmer, Parvin, Peters, Price, Sco tt, S;,iff, Solomon, Triter, Wilson, rentarks of 1000 1000 999, 1036 999 1000 1000 999,1000,1036 990 999 .1036 1000 999, 10,00 remarks of Mr. Clark of Alamakee, Clarke of Henry, Gower, Gray, Hall, 773 802 804 801, 803 802, 804 804 802 773 802, 803, 804 804 Harris, Marvin, Parvin, Skiff, Wilson, INDEX. PAGE. PAGE Length of school in each schoof district, 78 770, 816, 825 Mr. Clarke of Henry, Palmer, Scott, Mr. Clark of Alamak(e, Ells, Gibson, Gillaspy, Gower, Hall, Harris, Lieutenant Governor; creation of office 839, 77, 580, 586, 591 Hlr. Ularke of Alamakee, 594 Clarke of Henry, 591, 595 Clarke of Johnson, 592 Gibson, 595 Gray, 591 Harris, 594 Wilson, 593, 595 Lieutenant Governor; eligibility to office of, 77, 580, 586, 597 first election under the new constitution of, 914, 995 to be president of the senate, 77, 588, 597 residence in the state of, 77, 580, 597 term of office of, 77, 580, 586, 597 vacancy in the office of, 77, 588, 597 when to act as governor, 77, 587, 597 Limitation of debate, 360, 361, 500 ngth of sessions of board of educa 78, 768, 816, 938 remarks ofoMr. Clark of Alamakee, Clarke of Henry, Edwards, Gil]aspy, Hall, Harris, Mr. Clarke of Alamakee, 370, 371, 786 Clarke of Henry, 364, 368, 370, 789 Clarke of Johnson, 363, 364, 366, 789 Emerson, 786 Marvin, 788 Palmer, 872, 786, 787 Parvin, 785, 788 Scott, 785 Traer, 787, 788, 789 Wilson, 363, 370 Libel; provision in relation to prosecution for, 99, 118, 201 Lieutenant Governor; age of, 77, 580, 597 Traer, 501 Wilson, 361, 362. 500 Winchester, 501 Limitation of state indebtedness; provision in relation to, 260, 276 Mr. Clarke of Alamakee, Clarke of Henry, Gillaspy, Marvin, Palmer, Parvin, Scott, Skif, Mr. Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Gibson, Gillaspy, Gower, Hall, 47 PAGE. PAGE Lieutenant Governor; compensation of, 597 7-ema?-k,3 of remarks of 597, 598 597 598 ,597, 598 818, 821, 80-2 818 -i7O, 816, 8 2:D' 824 816 819, 822, 824 817, 822 819 823 817 816, 818 816, 817, 822 819 Traer, 0 f, remarks of illr. Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, Gibson, Marvin, Palmer, Scott, Skiff, Todhunter, Traer, tion, remarks of Mr. Clarke of Johnson, -t Hall, Johnston, Marvin, Skiff, Todhunter, Liabilities of stockholders in banks, 825 69 769 768, 769 769 769 96, 363 419, 785 remarks of Johnston, Marvin, Palmer, Scott, Skiff, remar7c8 of remar7,-s of 582 581 581, 582 581 58.0, 582 582 580, 581 580 580 271 266, 267, 268, 272 267, 272, 217 268 263, 270 261, 262, 268 261, 267 26 8 Solomon, 48 I- F Location of state university, 40, 47, 698 770, 801, 811, 824 838, 877, 922, 1017 dness; pro 2'60, 261 269, 270, 27l 2(;7] Johnston, ~~~~267rerkof 270, 272, 2771 261, 284, 265, 272 i 268 271 i 265 271 d 272 264, 265, 568, 270 263, 264, 265, 266 265, 270 atoxicating, 139 209, 647, 812 the state, 40, 648 770, 801, 811 38, 877, 922, 1017 917 928 924, 925 926 the 877, 930 771, 840 tior 877 934 akee, 928 ry, 924, 925 2son, 838, 926 877, 930 771, 840 877 770, 922, 925 877, 931 926 801 877, 933 839 771 816, 817, 822 1017 801, 839, 1017 appointed reporter of Losses to school and university fund in consequence of the fraud or mismanagement of state officers, 272, 277 Palmer, Skiff, Traer, Location of county seats and bound 45, 532, rIr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, lMr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gillaspy, Hall, Gower, Hall, Johnston, Skiff, 533, 536, 539, 552 535, 539, 552 552 534 * 535, 538 532, 533, 535, 552 556 533 534 633, 534, 537 Lotteries; not to be authorized in this state, 84, 530 Lottery tickets; not to be authorized in this state, 84, 530 Lucrative offices; holders of not eligible to other offices, 83 Luse, A. P. & Co.; appointed printers of the debates, 26 appointed to forward slips to members after adjournment, 1003 contract for printing the debates with, 26 48 INII)EX. PAGF,. PAGE vision in relation to, remarks of Afr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Gibson, Gilla,qpy, Go wer, Hall, Harris, resolution of thanks to, I remarks of 278 279 277, 278 277 2q3,278 279 277, 278 279 ries, remarks of Young, .Llfarvin, Peters, Scott, Solomon, Traer, y the state, 698 801, 811 remarks ofMr. Clark of Alamakee, 811 801 801 801 Clarke of Johnson, Hall, Price, s~~~~~~iDX 4 PAGL. PAGE Solomon, 122 Todhunter, 121, 123 Wilson, 121, 124, 738, 740 Maquoketa Excelsior; reporter of adadmitted to the floor of the convention, 23 Marine service of the United States; persons in, not allowed to vote in this state, unless citizens, 36, 869 Mir. Bunker, 797 Clark of Alamakee, 795, 796 Clarke of Johnson, 126, 810 Gibson, 795, 797, 798 Gillaspy, 796, 798 Gower, 797, Harris, 811 Palmer, 124 Skiff, 795 'Nahin, John; appointed to print the journal of the convention, 742, 814, 973 compensation for printing thejournal of the convention, 1050 MIail matter to be forwarded to members after the adjournment, 1012 Mailitng slips of the debates to members of the convention after adjournment, 1003 Making common schools free of charge, 968 remarks of Mr. Clarke, of Henry, 970 Ells, 968, 971 Gillaspy, 968 Marvin, 968, 969 Palmer, 971 Skiff, 969 Traer, 970, 971 Wilsotn, 969 Manner of conducting the business of the convention, 10, 48, 64, 95 appointed on the standing committee on the executive department, appointed upon the standing committee upon education and school lands, appointed upon the special committee upon the right of suffrage, credentials of, Made report from the standing committtee on education and school lands, Made a second report from standing committee on education and school lands, mileage of, offered a resolution to increase the number of slips of debates to be furnished to members, ernor, 581 allowing students to vote, 665 appointment of special committee on the bill of rights, 226 apportionment of representation, 1016 basis of representation, - 548 biennial sessions of the general assembly, 512, 566 board of education,, 600, 756, 949, 950 city and county indebtedness, 290, 297, 312, 423 common school system, 825, 827, 837 common scho,ls to be free of charge, 968 969 compensation of bo of of education, 964 compensation of the secretary of state for distributing Greene's reports, 1048 contracts for state indebtedness in certain cases to be void, 233 crtain caseats anto b v ound aries, 532, 533 couny satsand ounaris, 532, 533 MAr. Clarke of IHenry, 38 Gibson, 38 Johnston, 38 Patterson, 38 Traer, a7 Wilson, 38 Manner of conducting criminal prosecutions, &c., 64, 99, 119, 201, 736 535, 552 denizens; persons otherthan foreigners not citizens, 132 disposition ofthe school fund, 1001 distribution of debates, 765, 853, 918, 921 I I I INDEX. PAGE. PA(,', B Al 'NLlaaistrates; jurisdiction of, 48, 124, 140 201, 95, 810 remarks of AIARVIN, A. H. 21 22 219 6 78 871 1026 179 re?narks upon adjournment over till May, a-,e of governor and lieutenant, gov 499 remarks of remar7cs Mr. Clark of Alama Clarke of Henry, ee, 120,122,737 121, 123, 124, 201, 736 120, 122, 123, 730 119, 120, 123, 736, 7 37 201 122 121, 122 001 Hall, flarris, Jobnston, Palnier, Parvin, Skiff, INDEX. PAGE term of school in each school district, 819 term of session of the board of educatio 768, 769 istribution of the rules and regulaf the board of education, igibility to the general assembly, fling vactanlcies in the office of gov I tion 938 { bly, 528 587 vent t.ions of the s,tates," 2 tions of the states." 20 voters; residence of, 867 furnishing members with slips of de- "white;" striking from the constitubates, 179 tion the word, 672, 676 general assembly; time of meeting of, 515 a; resolution that theconvention ad judge; s,tltris of,482, 83, - May; resolution that the convention ad judges; salaries of, 48, 483, journ over till, 496 jurisdiction of justices of the peace, 797 liability of stockholders in basks, 7 88 remarks of limitation of debate, 361 498, 499 499 500 ~ 499 496 498, 499 number and length of sessions of board of education, 768, 769 oath to be taken by the members of the convention, 9 offering resolutions of enquiry, 33 order of business, 286 pardoning power of the governor, 587 postage of the convention, 1041 preferredl creditors of banks, 398. 402, 790 printing the constitution and journal, 814 982 private property taken for public uses, 206 recommitting the report of the committee upon education and school lands to that committee, 855 in relation to laws concerning the observance of the Christian Sabbath, 47, 361 in relation to the general assembly, 79 in relation to the prohibition of intoxicating liquors, 115, 647 in relation to persons of color, 115, 216, 395 in relation to the size of counties, 216 Merritt, J. H., appointed firemanpro tem, 5 residence of voters, 867 rate of per diem of, 759 rules and regulations ofthe board of amount ofper diem of, 1050 education, 938 Messages from Governor to the general salaries of judges, 482, 4831 assembly, 77, 585 school fund; distribution of, 1001 Messenger, first; James Hawkins ap schools in each school district, 819 pointed pro tern. 5 schools to be free of charge, 968, 969 Jamnes Hawkins elected; 8 sessions of the board of education, 768, 769 rate of per diem of, 598 special committee upon the bill of amount of per diem of, 1050 rights, 226 Willis Conard nominated for, 7 stockholders in banks, 788 Messenger, second; George Clearman, striking the word white from the con- appointed pro tem, 5 stitution, 672, 676 George Clearman elected, 8 students allowed to vote, 665 rate of per diem of, 759 submission of laws to the people, 802 amount of per dtem of, 1050 system of common schools, 825, 827, 837 Willis Conard nominated for, 8 I 60 PAGE. .,IIARVIN, A, H. re?nai-ks tipon 515 587 525 ernor, furnisbin, members with "constitutions of the -,tates." furnishing members with slips of de 1031 867 Marvin, 968, 969 char,e, 11 Peter,g, Wilson, members of Congress; first election under t,he new constitution of, 914, 996 Memorial from citizeDS of Delaware county in relation to bankin,11) in relation to township and county 24 officers, . 24 report of committee upon future amendments to the constitution, 619, 620, 10ill 1 elected fireman, 7 INDEX. PAGE !Mlinority reports; from the committee Mileage; of memubers of the board of educationi, 79, 772, 825, 953 of members of the general assembly, 84 f 528, 55 D of members of the convention, 98;, 1003 1025 from the select committee on the bill 986, 987, 986, Mr. Clark of' Alinaakee, Clatrke of Henr.y,o D,iy, E 1sva-rds. G,llaspy, Haell, Harris, J,Lh nston, S,,Ilomon, Walren, Wilson, Military service of the LTnited States; persons engaged in not allowed to vote unless they are citizens, 36, 869 Mlilitary service electors not required on daiys of election to perform, 36, 860 Mliitary to be subordinate to the civil power, 98, 126, 202 lliLtia; aIppointment of committee uponl, 10 19, 22 I petition in relation to the prohibition i,f the iiia,jufacture and sale of int,,xicalting liquors referred t) the committee upon, petition in relaltion t o the size o counties referred to the committee upon, provision in relation to) the c{hange of ta'e boundaries referred to the cormmtittee upon, resolution of inquiry in relation to the permantie,tt location of the capitol and (lniversity referred to the committee upon, report from committee upon, third reading of article upon, filal ptlssage of article upon, governor to be commander-in-chief report of conmmittee upon, thlird reading of article upon, yeas and nays upon final p.assage of .trticle upon, Militia fines; to be devoted to the use of schools, 78, 968 no person to be imprisoned in time of peace for, 99, 129, 207 Militi; age of persons to serve in, 628, 640 persons serving in to elect cornimissionedt otlicers of; 628, 640 per-so-ns conscientiously opposed to serving, to be exempt upon pat ment of a file 6, 6 e,k6 0 striking the word white" from the article tupon, 641 Misdemnieanors; resolution of inquiry in ,'elaition to the puntiislhment of crimes and, 48 Alo-iarty, P,; admitted to the floor of the conventian as the reporter of the Alaiuoketat Excelsior, 23 Mulattoes and negroes; education of, 62, 824 Mr. Clarke of Henry, Clarke of Johns on, Eilwasr s, Gillaspy, Hall, Marvin, 1'arv in, Skiff, Solomon, Wilson, Mr. Clarke of Henry, 641 G,I llaspy, Scott, AWiuchester, Mlills counjty; to be incorporated for the present ill tlie sixth jtld.cial district, G I I i I I I I I 51 remarks of i I i I 88 648 1033 0 f, 77, 183, 1034 remarl,-,s of 828, 829 826, 827, 8.- 4 834 825,826,827,832 62, 827, 835 827 62, 835 828 832 32 remark,v of 1, 642 641-) 642 6 4'-; loot. ivuiaatoes ana negroes; right to give tes- Municipal and political corporations; not in this state, 99, 172, 179, 395, 651, 734 to hold bank stock, 96, 289, 419, 776 indebtedness of, 34, 47, 94, 96, 290, 329 re7mar,ks of- 1 415, 421, 776, 805, 812 199 MrBunke, 191 130, 131, 182 134, 136, 137 178, 196, 734, 735 187, 188, 190 175 195 172, 174, 176, 184 185, 186, 188, 195 172, 174, 176, 178 189, 190, 395, 735 174, 180, 184, 186, 188 200 735 176, 395 198, 199 735 172 180, 185, 186, 194 Mr. Ayres, Bunker, Clark of Alamakee, Clarke of Johnson,, 52,50, 52, 304, 305 309, 336, 344, 415 ;417, 418, 421, 424 425, 426, 427, 776 805 293, 295, 300, 301 304, 306, 316. 330 335, 421,422, 423 425, 776, 806, 812 322 51, 297, 315, 316 317, 318, 812 424, 810 294, 307, 328, 416 421, 777, 778, 805 290, 294 295 651, 52, 292, 295, 299 302, 303, 305, 307 313, 314, 324, 327 328, 332, 343, 421 426, 806 Mulattoes and negroes; serving in the militia of this state, Mulattoes and negroes; allowing them the rigl)t to vote in this state, 649. 664, 888,, 915 I I remarks of Mfr. Bunker, Clark of Alamakee Clarke of Henry, 291, 292, 297 306 51, 318, 324, 418 421, 423, 425, 426 427, 777, 808 52, 301, 325, 343 344, 418, 805, 806 Clarke of Johnson, Edwards, Ells, Gibson, Gillaspy, Clarke of Henry, Hall, Harris, Johnston, Palmer, Parvin, Peters, Scott, Skiff; Wilson, 'k Edwards, Ells, Emerson, Gibson, Gil aspy, 641 remarks of Gower, Gray, Hall, M-.r. Clarke of Henry, Gil!aspy, Scott, Winchester, 641, 642 642 641 642 INDEX. PAGE 832 832 291, 301, 306 313, 329, 425 61, 291, 302, 342 343, 426, 776 290, 297, 312, 423 298 305, 307, 314; 425 297 317, 318, 417, 805 335 313, 422 290, 311, 415 425, 427, 808 311, 776, 778 421, 775, 776, 777 51 309, 327, 328, 41G, 422 421 Negroes and mulattoes; to be prohibi from coming into the State, right to hold property, ,1r. Clarke or Henry, 129 Clarke of Johnson, 131, 134, 137 Gillaspy, 130, 131, 132, 133 Hall, 130, 131, 132 134, 135, 136, 395 Harris, 130, J33, 136 Marvin, 132 Parvin, 395 Skiff, 134: Todhunter, 136 Traer, 132,'136 Wilson, 135, 136 Negroes and mulattoes; right to give testimony, 99, 172, 179, 0651i 734 Names of persons; resolution of enquiry in relation to changing, legislature to pass no special changing, natural rights of man, Mr. Bunker, Clark of Alamake Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gibson, Gillaspy, Mr. Bunker, Clarke of Henry, Harris, Skliff, Wilson, Naval service of the United States; p sons serving in, not to vote in this St unless they are citizens, Palm er, Parvin,, 176 Peters, 198 Scott, Skiff, Wilson, 180, 185, 186, Negroes and mulattoes; serving in the militia of'this State, hief of, 77, 583 Negroes and mulatoes; education of 62, 824 Mr. Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Hall, Marvin, Parvin, Skiff, Mr. Clarke of Henry, Gillaspy, Scott, Winchester, 53 PAGE. Harris, Solomon, Wilson, Johiiston, 913 129, 130 .I,la.rviii, Palmer, Parvin, Patterson, Peters, Price, Scott, Skitr, remarks of ,Air. Clarke of Henr7, Clarke of Johnson, Gillaspy, Hall, Soloinon, Traer, Warren, Wilson, Young, N 48 re7nar7.-8 Of 199 191 , 132 , 137 , 7,35 , 190 175 195 , i84 , 195 7 178 , 73.5 7 188 200 735 , 395 7 199 735 1 72 , 194 84, 531 99, 103 215, 651, 732 remarks of 215 732 732, 733 732 732 Hall, Harris, Johnston, 36, 869 c remarks of 828, 829 826, 827, 834 834 825, 826, 827, 832 62, 827, 835 827 . 62, 835 828 remarks of 641, 642 64-2 641 642 .w ~.,~ —...... I o', bO Winchlester, 915 Solomon, 56 Newspapers; amount of expense f.,r fur- Todhiunter, 59 nishing members of the convention with, 1036 Traer, 54 publication of proposed amendments Numrnber of members of the board of edto the constitution, 34, 36, 602 ucation, 78, 767, 815 84, 529 1 Gonvention I 10, 23, 25, 74 M ir 74 23, 74, 75, 76 b( 23, 75 23, 26 23 57 23, 25 25 10 23, 25 1 75 1 25, 75 I 23i 573, 780, 813! 767 767, 768 767, 768 sessions of the 78, 768, 816, 825, 938 Mr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Hall, Harris, Johnston, Mr. Clarke of Johnson, H all, Johnston, Malarvin, Skiff, 6 Todhunter, Number of courts, Patlmer, Todlhunter, Traer, Wilson, Night sessions of convention, 238, 436, 441, 442 471 234, 254, 255, 431 227, 228 243, 253 254, 255, 438, 442 443, 468, 469 444 443 254, 445 227, 229,T246, 255 434, 438 Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, G llaspy, Harris, Johnston, Palmer, Skiff, Solomon, Clarke of Johnson, remarks of with, remarks of- J 825 769 769 , 768, 769 769 769 115, 228, 259, 430 467 remarks of Mr. Clark of Alamakee, Clarke of Ilenry, 813 ' 573 573, 814 813 813 813 573 815 573 Gibson, Gillaspy, Gower, Hall, INDEX. PAGE. PAGE 231, 254, 469, 470 439, 444 142, 251, 431, 437 442 443 241, 249, 442, 444 467, 46s5, 470 435 228, 229 252, 467, 470 444 36, 250, 255, 430, 434, 440, 441 445 reme court, 115 259, 446, 462 464 463 1 448, 463, 466 47, 448, 462, 465 462 [46, 447, 468, 466 463 447, 4481 462 449, 451 115, 259, 450 473, 508, 628 520 520 517 553, 554 51 3 541, 5142, 553 516, 517, 519 518, 519 541, 542 541, 553 541, 576 516, 521 Clark of Alamakee, Clarke of H[Ienry, Clarke of Johnson, Gillaspy, Ha ll, IHarris, Palmer, Traer, Wilson, Number of judicial districts, remarks of Mr. Clark of Alamakee, 629, 630 Oath to be taken by State office Clarke of Henry, 629, 633 Clarke of Johnson, 507, 6291 Obligation of contracts; the leg Edwards, 631 to pass no law impairing the, Gibson, 634 Offetnses, capital, not ballable, Gower, 475 Offering resolutions of enquiry Harr.s, 475, 509, 632, 634 Parvin, 630 remarks of Patterson, 635 Mr. Clark of Alamakee, Price, 629 Clarke of Henry, Skiff, 631 Clarke of Juhnson, Wilson, 634 Edwards, Winchester, 633 Enialerson, Young, 632, 634 Hall, Number of senators and representatives, 84 Harris, 86 31, 40, 46, 86 33 40 31, x2 87, 87 Mr. Clarke of Henry, Clarke of Johnson, I I i i 55 PAGE PAGE. H,-irris, Jolinston, Paltner, Parvin, Peters, Scott, S i i ff, So.',omon, Traer, V,.,7" ISon, I W, inebester, Number ofjudges of the 8 remarks of ,Ldr. Bunker, 9 8 8 8,9 9 9 8 8 8 9 8 8 9 a of the 12 of the .84, 540 rs, 648, 800 914, 998 John,-ton, Marvin, Palmer, remarks of 553, 5-6 542, 51")3 521 P, —. rv i n, IVarren, Wilsoli, Edwards, INDEX. PAGE 88, 97, 217, 222, 288 719, 882 718 880 22d, 221, 223, 284 285, 287, 718, 878 879, 880, 885, 888 884 97, 216, 217, 222 284, 286, 287, 719 720, 878. 879, 881 882, 885 97, 98, 219, 221 28t, 285, 881 216, 329, 717 286 885 220, 221, 329, 430 883, 884 720, 732, 878, 879 221, 718, 885 884 216, 732 216, 221, 222, 718, 879 Office; governor to fill vacancies in, 77, 587 Office of governor and lieutenant governor; term of, 39, 76, 579, 586 590, 591 Mtr. Clarke of Henry, 586 Gillaspy, 590 Hall, 580 Palmer, 580 Skiff, 586 Solomon, 590 Wilson, 586 office of judges of the district court; term of, 110, 259, 455, 472 Mr. Clarke of Alamakee, 474 Clarke of Johnson, 472,473 Gillaspy, 472, 473 Offite of judges of the supreme court; term of, 115, 259, 446, 462,471 Mr. Clarke, ofJohnson, Palmer, Officers of banks; liabilities of, PALMER, D. H. appointed upon a committee to examine credentials of members, appointed upon the standing committee upon miscellaneous subjects, credentials of mileage of, moved that members be furnished with twentv-four slips of debates, nominated John C. Burns for assist Officers in the militia; eligible to the general assembly, 84, 527, 576 Officers; extra compensation to, 38, 84, 539 Officers now elected, to serve out their term under the newconstitution, 914, 998 Offices of profit and trust; persons holding, not eligible to the general assembly, 84, 527, 576 members of the general assembly not to be appointed or elected to, 84, 527 order of business, 97, 216, 220, 284 329, 717, 732, 878 ant secretary, offered a resolution to furnish members with twentyt-fiv e das.y newspapers, offered a resolution concerning amendment of the rules, offered a resolution of enquiry in relation to the article upon the judicial department, offered aresolution to furnish mem. bers with the reports of the supreme court, offered a provision that certain contracts for state indebtedness should be void, Mr. Bunker, 288, 881 Clarke of Alamakee, 720, 878, 879 372, 883 Clarke of Henry, 216, 217, 220, 223 284, 285, 278, 2280, 286 Clarke of Johnson, 212, 217, 221, 286 238, 329,480, 882, 888 adjournment, sinedie on the fourth of 2e of governor and lieutenant gov 580, 682 II 66 PAGE. Edwards, Ells, Gibson' Gillaspy,. rema?-ks of G-ower, Hall, Harris, Jobnston, Marvin, Palmer, Parvin, Price, Skiff, Solomon, Todhunter, Traer, Wilson, r e m a r,c.3 of remark,3 of 471 471 786 p remarks of 5 Mr. Emerson, Scott, 786 789 li 86, 789 78, 769 816, 938 22 6 1026 Traer, Officers of the board of education, 68 7 26 82 88 i-emark3 of 273 remarlcs u.pon 503 Alarch, ernor, INDEX. PAGE. judicial districts; reorganization of, 460 juriiisdiction of magistrates over of fences less than felon)y, 124 liability ofstoclkholders in banks, 372 786, 787 lieutenant governor; salary of; 597 limiitation of debate, 501 limitation of state indebtedness, 270, 272 classiicatio andnube277 location of state capitol and univerc t o i s n isity, I877, 933 magistrates; jurisdiction over offences less than felony, 124 tain cases to be void, 274, 280, 281 court of common pleas, 644 courts; number of, 242, 281, 431, 437, 442 criminal prosecutions; manner of con manner of conducting criminal prosecutionis, 122 night sessions of the convention, 573 number of courts, 242, 251,431,437, 442 number of judges of the supreme ccurt, 447 448 number and classification of senators, 517 number of representatives and senators, 541, 542,553 oath to be taken by members of the convention, 8 offering resolutions of enquiry, 40 order of business, 88 5 place of meeting of the convention, 24 printing the reports of the special committee on the bill of rights, 657 prohibition of articles of manufacture and sale, 209 publication of laws in newspapers, 530 publication of the debates, 67 religious tests and competency of wit first election of lieutenant governor under the new constitution. 995 furnishing members with twenty-five daily newspapers, 23, 25 1 furnishing members with slips of debates, 28, 29, 68 nesses a reorganization of judicial districts, repe.al of banking laws, repeal of corporations, 104, furnishing members with reports of the supreme court, 88, 89 general assembly; time of election of 27,5 general laws; uniform operation of, 532 giving each editor in the state a copy of the debates, 1027 giving jurisdiction tomagistrates over offences less than felony, 124 h-lding night sessions of the conven imprisonment for debt, 129 indebtedness of the state; limitation 270, 272, 277 instructing committees to report at a certain time, 627 judges of the supreme court; number of, 447, 448 jidges of supreme court; election of, 455 i I i I 5T P,GE 122 129 846 763, -,6 5 -i66, 917 7 712 mber, 82 e court, 455 ral as ductin,,, I debt; imprisonment for, disposition of the school fund, disposition of the debates, sembly, election of United States senators, filling temporary vacancies in district 615 645 459 courts, I,-35 460 404 7105 7412 1640 ,553 867 597 1038 172 1 842 823 517 , 543 tioii, r) 7 3 129 0 f, Special committee on the right of suf fr,,i g e, state boundaries, 218141, 142 5INDEX. state indebtednress; limitation of, 270 appointted chair'rman of the cortmrittee 272, 277 of tlie whole upon the article on education state officers; time of electing, 805 and school latds,5 stockholder, ii banks; liabilities of. 371 app)ointed tlpon the commnittee upon 786, 787 accounts alnd expenditutres, subjects referred to committees with- appointed upon the select committee out debate, 33 upon printing thle journal and curonstitution, supremie jtudges manner of electing, 455 a.ked to be excused from cerving up supremie j(udgeas nuamber of, 447, 448 on tile conlulmittee upon accounts and ex sulpIeme judges term oft office of, 471 pendlituieS, su-spension of specie paymeit by b;anlks, 403 credentials of, taxes for schools and school houses, 84-1 842 elected l'e-sidentpro tem. of the con vention. made a report from the standing comi1 imittee u0pon distribution of powers, ntdmade a repor-t fomn the standilig com tmeittee oupon the legislative departmenet, I smbileage of,1 m oved to lay resolution of enquiry upon the table, et offered at resolution of enquiry in re lation to the article upon state debts, offered a resolution of enquiry in relation to the article upon education and ech. o01 lands, presented a petition in relation to the exercise of the rig,h-t of suffrage by inegroes. uriifa rm opera ion of g e9neral laws, U;;ited Sta-tes senators; election of, () universitv;nd capitol; location of, 877; vetr pow er o f the governor, voters; residence of, 3 Paper fuolder of the convention; Willis C onared appointed, rate of per diemn of, 7 amr ount ofpe2 t iem of rg, 12 Paprer mon-ey; resolu tion of enquiry concerning issuing of, to be registered and countersigned, 344, to be issued by banks only, 97, 403, 4 Pardon,ing power of the governor, 39, 77, 5 Par-ker's sectional map supplied to members of the convention, Pit.-khurst, Henry 31.; resolution of thatiks to, 1 Parliamentary law; Jefferson's manual adopted as a staida.rd of; Cushing's manual subs t ituted for Jefferson's manual as standard of, amendment of the rules, 49 apl)oitituienit of special committee up e basis of representattion, 63 appointmeint of pa,per folder to the nettion, 95 ~ppointment of select committee upon ill of rights, 224 ~pportiotnment olsenators, 1011 Jaiporltionment of members of the gentssembly, 5-14, 1 015 b..sis of representation, 544, 54., 554 banking under general laws, 347, 354 bienial sessions of the generalassem 510, 559 city and county indebtedness, 305, 307 314, 425 flassification and number of setna 516, 517, 519 committees of the convention, 19 omm(mn school s,ystem, 835 :ommon schools to be free of charge, 971 :omp)enisation of the board o; educa 96 appointed upon the committee to report the number and character of the standing (ommittees of the convention appointed u-pon the statniding comniittee upon the distribution of powers and the legislative del)patrtment, appoiiited upon the standing committee upon incorporations, I 58 AGE 5 Iq 8 743 815 960 6 5 teriii of office of governor, teriii of office ofjud,es of the supreme 37 coui,t, term of school in each school di.,3ti-ict, time or electiti, iriembers of the general assembly, tirne of electi,,ig jud,es and state ou 82 1026 50 cei,s, 34 62 216 renzark.3 upon age of governor and lietitenant gover 583 49 nor, 26 the P-ARVIN, J. A. 2 0 t ors, 2 1 22 t. on, INDEX. PAGE comt,)etency of wltnesses and religious slavery, 699 postage of the convention, 1049, 1050 powers of the board of education, 942 preamble and bill of rights 103 preferred creditors of banks, 790 printing the journal and constitution, 742 814, 974, 975, 977, 979 printing the report of the committee on the distribution of powers, 37 publication of the debates, 41, 44, 54 qualifications of voters, 47 recommitting the report of the judiciary committee to said committee, 256 religious tests and competency ofwitnesses, 176 courts; numbel of, criminal prosecutions; manner of conducting, 120, Cushing's manual as the standard for parliamentary practice in the convention, distribution of the constitution in German, ( education of negroes and mulattoes, election of general assembly, 514, election of United States senator, eligibility to the general assembly, furnishing members with "constitutions of the states," repeal of incorporations, 10d report of committee on future amnendments to the constitution, 622 residence of members of the general assembly, 571 schedule; report upon, 1041 schools to be free of charge, 971 senators; number and classification of 516 517, 519 slavery; political parties upon tho question of, 699 special committee upon the basis of representation, 63 special committee upon the bill of rights, 224 special committee upon the article on incorporations, 785 standing committees of the conyen state bank and branches, 373, 385 state indebtedness; timitation of 261, 264 265, 272 stockholders in banks, 785, 788 striking word "white" from the constitution, 699 striking the word "white" from the article on the right of suffrage, 912 , 3 -0 u'isi sion of banking laws to the ,:.~nber-il ofj,dicial ]districts, 630 (Jth ti IJ v ken by the nmembers of :ic cIII el,ic, p.l 8 ofiering revo!utions of enquiry, 31. 32 order of business, 220, 221, 329,'30 sv- teme of common schools, 8& 9 15 tatkin(g the chalir as president of the co'or tirtion, peer diem and mileage of members of anid state officers, 458, 458 the genreral assembly, 52: time of holding election of members personal and general explanation, 1062 of the general asseitbly, 514, 51' if I 59 PAGE political parties upon the question of 176 tests, contracts n certain cases for state indebtedness to be void, 280 removal of the convention from Iowa 20 City, 13, 17 10d furnishing members with slips of de bates, 70 19 tion, I,) e'I) 1) I (, I,-l3 I paf)er folder to the convention, 915 tenipor.,tiy court for the trial ofjud,es 60IDX PAGE. removal of the convention from Iowa City, 16, 17 salaries of judges, 505 State indebtedness; limitation of, 286 o t965 ischedule; report upon, 1047 532 special committee upon the bill of 645 rights, 225 e pn525 penalties, fines and forfeitures, to con tinue under the new corsti' ution, 914, 995 699 per diem of members of the board of education, 79, 772, 825, 853 912 2per diem of members of the convention; resolution in relation to, 990 per diem ofmembers of the general as | sembly, 30, 84, 528, 551 time and place of me eting of t he board of education, uniform operation of general laws, United States Senators; election of, veto power of the goveLnor, "white;" striking fr-om the constitution the word, " white;" striking from the article on tight of suffrage of the word, appointed upon standing committee upon the right of suffrage, appointed upoa the standing committee upon militia, appointed chairman of the committee of the whole upon the article upon the legislative department, credentials of, mileage of, offered a resolution to admit to the floor of the convention the reporter of the Ke,kuK Times and the Gate City, offered a resolution authorizing the President to appoint a chaplain, offered a resolution to give the State Colonization Society the use of the Convention Hall, Mr. Bunker, Ciar-ke of II(nry, Clarke of Johnson, Ed wai'ds, Ells, Gillaspy, Hall, Harris, Johnston, Parlvin, Patterson, Peters, Skiff, Todhuinter, w Wilson, appointment of select committee upon the bill of rights, city and county indebtedness, final vote upon the constitution, giving each editor in the State a copy of the debates, indebtedness of the State; limitation appeared in his seat, 208 appointed upon the standing commit 505 tee upon the preamble and bill of rights, jc63.5 appointed upon the standing commit 999 tee upon the schedule, 268 credentials of, t38 mileage of, ni635 offered a resolution to adjourn over 1064 till May, offered a resolution of enquiry in rela tion to the article upon the judicial depart856 ment, judges; salaries o f, judicial districts; number of, Lee county; division of, limitation of State indebtedness, manner of conducting the business of the convention, number of judicial districts, personal and general explanation, recommitting the report of the committee on education and-school lands to that committee, It I I I i i i i I I 60 INDE.,X. PAGE PARVIN, J. A. rentarl,-s upoiz PATTERSON, AVILLIA'.11, 21 personal explaiifttions, by iNIr. Clark of Alamakee, E(Iwar(Is, Gillaspy, personal andgeneral explanations, 527 508 1024 1056 22 510 6 1026 remarks of 1064 1056, lu6i 1062 1063 1.064 1056, 1065 1062 1061 1062 I,, 6 4 IU64 1065 1065 IOGO, 1063 22 remarks u.pon 225 297 1055 PETERS, JOH-\ 11. 1027 20 of, 96 96 20 1026 496 46 INDEX. PA~~a. PA i in relation to the general assembly, 79 in relation to the prohibition of intoxicatiitg liquors, 115. 647 in relation to persons of color, 115, 216, 395 in relation to the size of counties, 216 points of order; the president of the convention to speak upon, 20 to be decided without debate, after the previous question is ordered, 21 political and municipal corporations; not to take stock in banking corporations, 96 289, 419, 448, 773 775 adj-)urnment over till IMay, adjournment,ine die ol the fourth of ch, 503 bankin7,: under general lasws, 257 city an.d couuty indebtedness, 317, 318, 417 805 competency ol witnesses, and religious tests, 198, 199 count: seats; changing location of, 556 court of common pleas, 644 cour-ts; number of, 241, 249, 442, 444 467, 468, 470 drawing seats in the senate chamber, 82 exclusive jurisdiction of the United States over territory in Iowa, 209, 213 general banking, 357 indebtedue,,, of cities and counties, 317, 318 417, 805 judges; salaries of, 485, 487' jurisdiction of the United States over territory in lowa,, 209, 213 locati,n of county seats, 556 number of courts, 241, 249, 442, 444 467, 468, 470 number of copies of debates to be published,. 57 Mr. Clarke of Henry, 289, 290 Hall, 289, 290 Scott, 290 Wilson, 290 Political and municipal corporations; in regard to the taking stock in companies for internal improvement, 96, 290, 329, 415 421, 776, 805, 812 personal and general explanations, 1064 previous question upon the board of education, 9 2 printing reports of the special committee upon thie bill of lights, 6 8 private property taken for public uses, 204 publication of the debates, 57, 58 religious tests, and competency of witnesses, 138, 1. 421, 423-, 425, 426 427, 777, 803 52, 301, 325, 343 344, 418, 805, 806 50, 51, 52, 304, 3('5 309, 33e,, 344, 415 i417, 418, 421, 424 125, 426, 427, 776 805 293, 295, 300, 301 304, 306, 316. 330 335, 421,422,423 425, 776, 806, 812 repeal of corporations, 144, 145 salaries ot judges, 485, 487 striking the word "wKite" from the constitution, 680, 915 United States; jurisdiction over territorv in Iowa, 209, 213 "white " striking from the constitution the word,. 680, 915 4. grand jurors; resolution of en q!,iy nu relation to the empanelling of, 48 petition; right of guaranteed to the people, 100, 129, 207 petitions; from citizens of Delaware county in relation-lo banking, 24 in relation to townships and county officers, 24 in relation to laws concerning the obscrvance of the Christian Sabbath, 47, 361 I I i I i i I i I I 61 PAGU PAGE. u on 296 .,,I t I. remarks of remarks qf Mr. Ayres, Bunker, Clark of Alamakee, 291, 292, 297 306 )1, 318, 324, 418 Clarke of Henry, Clarke of Johnson, Edwards, Ell$, Emerson, 3'. 2 51, 297, 315, 3IG ,317,.118, 812 424. 810 294, 307-'t3 2 8416 421, 71417, 778, 805 290, 294 29 , 51, 52, 292, 295, 299 ,02, 3u3, 3i,5 313, o'14, 824. 2 7 828, 332, 843, 421 426, 806 Gibson, Gil aspy, Gower, Gi,a.y, Hall, 62 INDEX. v~~~~~~~~~AE lA Postmasters with a salary of not over one hundred dollars to be eligible to the general assembly, 84, 527, 576 Practice in courts of Justice; resolution of enquiry in relation to, 48 tem of, 477 Preamble and bill of rights; appointment of standing committee upon, 10, 19, 21 appointment of special committee 291, 301, 306 313, 329, 425 51, 291, 302, 342 343, 426, 776 290, 297, 312, 423 298 305, 307, 314, 425 297 317, 318, 417, 805 335 313, 422 290, 311, 415 425, 427, 808 311, 776, 778 421, 775, 776, 777 51 Mr. Bunker, Clarke of Henry, Hall, IHarris, Johnston, 223, Marvin, Parvin, Patterson,. Todhunter, Wilson, Preamble and bill of rights; petitions and resolutions of enquiry referred to committee upon, 21, o9, 80, 115, report from special committee upon, report from standing committee upon, Wilson, 309, 327, 328, 416, 422 Young, 421 Political and municipal corporations; to be restrained by law in relation to assessments, taxation, issuing bonds, &c., 96, 344 Political parties; their course in regard to the question of slavery, 680, 888, 915 remarks of Mr. Bunker, 909 Clark of Alamakee, 709 Clarke of Johnson, 888 Edwards, 680 Ells, 905 Gibson, 694 Hall, 687 Harris, 905 Parvin, 699 Winchester, 915 Postage of the convention; resolution in relation to, 22 amount of, 1049 upon forwarding mail matter and slips of the debates after the adjournment, 1049, 1055 Mr. Clark of Alamake, Clarke of Henry, Ells, Gillaspy, Hall, Harris, Marvin, Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, 397, 400, 791 401 397 402 396, 397, 401, 790 39 8 398, 402, 790 790 396, 397, 399 - 403 398, 399, 400 396, 399, 400 399 1050 1055 1050 1049, 1055 1049 1050, 1055 1056 1049 INDEX. 62 PAGE. PAGE Political and municipal corporations; in regard to the taking stock in companies for internal iniprovement remar,'cs of Ilarris, provision in relation to a general sys Johnston, -AlarviD, Palmer, Parv, n, Patterson, Peters, Price, Scott, Skiff, 223 upon, remarks of 7 225 224 225 224 226 226 224 225 223 224 Solomon, Traer, Warren, 396 652 46 remarks of Mr. Clarke of Johnson, Ells, Parvin, 108 100 103 Preamble and bill of rights; thir ing of article upon, yeas and nays upon final pa artle upon, Preferred creditors of banks, 1006 1008 9'i, 896., 790 remarks of re7narlcs of Parvin, Skiff, Solomon, Traer, Wilson, Young, Johnston, Marvin, Scott, Skiff, Todhunter, INDEX. PAGE. PAGE Printer of the incidental work of the convention, 24 Printing one hundred copies of the old constitution for the use of members of the convention, 11, 20 two hundred copies of the rules of the convention, 23 debates, 26 per diem of, 760 resolution of thanks to, 1022 resolution presenting a chair to, 1022 closing address of, 1065 President of the senate; lieutenant governor to be the, 77, 588 per diem of, 77, 588 to sign bills that pass the general assembly, 83, 525 Presentment of a grand jury required in criminal prosecutions, 99, 124, 201 Press; freedo m of, 99, 118, 201 Previous question; when in order, 21 to be demanded by a majority of the two thousand copies of the new constitution for the use of members of the convention, 1025 the new constitution in the German language, 743, 815 Printing the new constitution in the Holland language, 743, 973, 986 the journal and constitution, 42, 814, 972 members present, how it shall be put, effect of, Mr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, appointed upon the standing committee upon the executive department, appointed upon the special committee upon the bill of rights, appointed upon the special committee upon incorporations, credentials of, mileage of, offered a resolution of enquiry in relation to the article upon the executive department, 814, 982 742, 814, 974 975, 977, 979 975, 976, 978 983 980 975, 977, 978 special Skiff, Solomon, Traer, Wilson, 973, 974, Printing the reports of the committee on the bill of rights, adding two members to the committee on accounts and expenditures, 959 city and county indebtedness, 335 judicial districts; number of, 629 location of public lands by the state, 801 order of business, 883, 884 postponing consideration of the report of the standing committee upon the executive department, 219, 329, 430 prosecuting attorneys, 475 publication of debates, 42 repeal of corporations, 151 residence of voters, 863 Printers of the debates, 26, 53 63 PAGE. PAGE President of the convention; election of, remarks upon taking his seat of the, duties of, manner of addressing the, authorized to appoint a chaplain, authorized to draw certificates for payment of ihe reporter and printer of the 6 6 20 21 2 9, remark8 of 31r. Clarke of Johuson, 743 976 743 916 G.)wer, Jobnston, Scott, remarks o,, 21 21 21 978, 979 973, 074, 981 975, 981, 082 814, 815, 973 974, 975, 979 974, 976, 977 1 814, 983 815, 976, 978, 980 974 PRICE, D. W. 21 Edwards, Gower, Hall, Harris, 219 430 6 1026 Marvin, Parvin, 39 remarks u - .pon 654 remar7cs of Mr. Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Harris, I Johnston, Palmer, Wilson, Winchester, 655 655 654 656 654 655 655, 656 657 655 654 665 Young, 4 INDEX Printing the reports of the special committee on the right ofsuffrage, remarks of MIr. Clark of Alamakee, Clarke, of Henry, Clarke of Johnson, Mr. Bunker, 165 Clark of Alamakee, 106, 107, 111, 113 114, 156, 411 Clarke of Henry, 104. 110, 111, 115 152, 154. 165, 168 712 Clarke of Johnson, 105, 108, 145. 158 Solomon, 657 Wilson, 657 Printing the report of the standing comnmittee on amendments to the constitution, 36 Printing the report of the standing committee on the distribution of powers, 37 Private property taken for the use of roads, 97, 126 160, 161, 408, 409 150 104, 143, 168, 171, 407 112, 1 71 109, 114, 156, 162, 407 104, 105, 171, 4, 411,412 109 144, 145 151 104 164, 168, 407, 408 161 145, 409 105, 106. 107, 111 114, 153, 154, 155 160, 407, 408, 409 158 Mr. Clark of Alamakee, Traer, 128 Private property taken for public uses, 99 202, 413 relation to the 116, 260, 457, 477 Profit and trust; members of the general assembly not eligible to offices of, 84, 527 Prohibition of articles of manufacture and sale, 34, 36, 139, 209 Mr. Clark, of Alamakee, Clarke of Henry, Gillaspy, Gower, Hall, Mr. Clark, of klamakee, Clarke of Johnson, Gillaspy, Hall, Palmer, Sulomon, 207, 413 413 205 205, 206 206 202, 204 20 6 204 204 204 207 203, 205, 207 203 Trater, 139 Prohibition of intoxicating liquors; petitions in relation to, 115, 647 provision in relation to, 139, 209 Private roads; damages for opening, 64, 126 Privilege from arrest of voters on days of election, 36, 869 of members of the general assembly during the session of the legislature, 83, 524 Privileges and immun ities, special; provision in relation to granting, 64,104,143 407,648, 773 Property of corporations to be taxed, 38,96 289, 415, 648, 779 Property; pr ovision in relation to impairing the liglht of, 129, 208 I I I i i I i 61 I.'N' D E X - PA G PAGE 657 pe II 663 ii 660 1 660 1 659 659 8, 662 Edvards, Gillaspy, HLill, SkiiT, 6 7 Edwards, Ells, Einerson, Hart-is, Palruer, P,trvin, Peters, Price, Scott, Skiff, Solomon, Traer, Wilson, i remarks of 126, 127, 128 Clarke of Johnson, Gillaspy, Hall, Harris, Todtiunter, 128 127 128 12 6, 128 12 1, Winchester, Process; provision in skyle of, re?narlcs of remarkis of 139 139, 206 209 137 109 139, 209 139 Harris, liarvin, Peters, Scott, Traer, A.Vf,Lrren, Wilson, Winchester, Prohibition of negroes and mulattoes .coming into the state, 913 INDEX. P." GE fParvin, Skif, Solomon, Todbhunter, Wilson, Solomon, 122 Glsy2Todbhutter, 121. 123 Wilson, 121, 424,'38, 740 Protest agaLinst the schedule by Mr. Gillaspy, 1037 by Mr. Hall, 1040 Puiblic agents; extra compensation to, 38 84 539 Parvin, Wilson, Property of private individuals for the use of roads, Public institutions of the state; iesolu126, 127, 128 tion in relation to the appointment of 128 standing committee upon, 127 resolution of enquiry in relation to the 128'I location of, 126, 128 Public instruction; term of office ol the 127 superintendent of, 77, 128 superintendent of, liable to impeach Property of private persons taken for the use of the public, 99, 212, 412 abolition of the office of superntendent of, 588, 590 remarks of Mr. Clark of Alamakee, Clarke of Henry, Gillaspy, Gower, Hatll, Harris, Mr. Clarke of Henry, Gillaspy, Skif, Wilson, Public lands; location by 588a 589 588 589 589 the s Ate of, 648 801, 811 207, 413 413 205 205, 206 206 202, 204 206 240 204 204 207 203, 205, 2(07 203 38, 260, 456, 475 ,? Mr. Clark of Alamakee, 811 Clarke of Johuson, 801 Hall, 801 Price, 801 Public squares; resolution of enquiry in relation to vacating, 48 provision in relatiofto vacating, 84, 531 Publication of proposed amendments to the constitution in newspapers, 34, 36, 602 of laws in newspapers, 84. 529 of the debates, 22, 40, 53, 67 Wo tir y en, Wilson, Wincbester, Prosecuting attorneys, Mir. Edwards, 456 Gii, laspy, 477 Harris, 47 6 Price,, 475 Solomon, 456, 476 Prosecuition of criminal offenses; manner of conducting, 64, 99, 119, 201, 739 Clarke of Johnson, Mr. Cl rk of Alamakee, 120. 122, 737 Clarke of Henry, 121, 123, 124, 201, 736 Hall, 120, 122, 123. 730 Hatrris, 119, 120, 123, 7o36, 737 Johnston, 201 Paimer, 122 65 PAGE. 120, 122 201 2-eniarlcs of ,Ilr. Clarke of Ileary, Gillitspy, .1-1 -,t I 1, 208 208 208 208 208 taken 97, 126 remarks of llr. Cltrlc, of Altrntkee, Clarke of Johnson, Gill:ispy, Hall, Harris, Todhuntei-, Traer, - 10 88 588 83 ment, remarks of Marvin, Petei-s, Scott, Ti-aer, remark,v of remark8 of rema?-ks of ,Nlr. Clark of Al-.im.,ikee, Clarke of Het,.ry, 28. 44, 56 28, 44, 56 22, 27, 43 55, 56, 58, 69 27, 41, 42 57 56 remarks of Ells, Emerson, Gill;tspy, H;ill, B ax, iq, 67 27 54, 57 51? 45, 56" IN6DEX. PAGE. 44, 54, 58 41, -4, 4 57, 58 42 56 59 40, 41, 42 43, 54, 67, 71 27, 28 Railroad employees; amendment in relation to the voting of, Real estate of corporations to escheat to the State at the end of twenty-five years, 97, Real estate; resolution of enquiry in relation to guardians of minors selling, Rebellion; suspension of habeas corpus in times of, 99, 125, state to have power to contract debts to suppress, 52, 273, Recommitting the report of the committee on education and school lands to that committee, Mr. Clark of Alamakee, Gillaspy, Hall, Skiff, Solomon, Mr. Clarke of Henry, Clarke of Johnson, Punishment of misdemeanors and crimes; resolution of enquiry in relation to, Punishments; unusual, not to be inflicted, 99, 126, 202 Purchase of Greene's reports of the supreme court for the use of members of the convention, 1051 Marvin, 855 Patterson, 856 Skiff, 854 Todhunter, 853, 856 Wilson, 855 Winchester, 855 Recommitting the report of the judiciary committee to that committee, 256, 509 Mr. Clark of Alamakee, Clarke of Johnson, Hall, 1052, 1053 1051, 1052, 1053 1052 1053 1052, 1053, 1054 1052, 1053 1053, 1054 Mr. Clarke of Henry, Gillaspy, Hall, Harris, Johnston, Parvin, Todhunter, Traer, Reconsidemration; w hen in order, effect of laying upon the table motion Quaintanc e, John; appointed assistant fireman for the convention, for, Registering and countersigning of batik bills, 96, amount of per diem of, 1050 Qualifications of members of the board of education, 78, 768, 816 of members of the general assem , 7 83, 516 of the governor, 77, 580, 586, 597 of members of the house of represen tatives, 83, 515 of lieutenant governor, 7, 580, 586, 597 of senators, 83, 516 Harris, 869 Religion; the legislature to pass no law for the establishment of, 99, 118 66 i A,. , Johnston, Parvin, Peters, Price, R 81,3 0 Sol,omon, Todhunter, Traer, Warren, Punishment of frauds in banking, 392, 419 remarks of 394 391, 393, 394 392, 893 992 393 393, 395 393 remarks of Traer, Wilson, Edwards, Ells, Gillaspy, Harris, 48 I remarks of remarks of Harris, Jo,h nsto D, Todhunter, Traer, 7, 259 257 258 9, 509 6, 257 256 257 258 21 Q 24 rate ofper die?n of 759 1050 2.5 344 869 llegistering of voters of the State, 868 bly remarks of Mr. Clarke of Johnson, 868 Reorganization of courts and judicial districts) 116, 260, 460, 507 628 200 735 176 198, 199 735 172 180, 185, 186, 194 convention from Iowa Mr. Clarke of Henry, 638 Clarke of Johnson, 460, 507, 635, 636 Hall, 637 Palmer, 460 Wilson, 507, 636 Repeal of laws in relation to banking, 97, 405 C649, 773 MAr. Ayers, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Emerson, Gillaspy, Gower, Hall, Harris, Johnston, Mr. Clarke of Henry, Clarke of Johnson, Repeal of special corporations, Parvin, 13, 17 Patterson, 16, 17 Todhunter, 12 Traer, 12, 16 Wilson, 17, 18 Removal from Iowa City; resolution in relation to the suppression of the debate upon, 35 165 106, 107, 111, 113 114, 150, 401 104, 110, 111, 115 152, 154, 165, 168 412 105, 108, 145, 158 160, 161, 408, 409 406 150 109, 114, 156, 162 407 Mr. Clarke of Alamakee, Clarke of Johnson, Gillaspy, I 11 1 I I I Johnston, Palmer, Parvin, Peters, Scott, Skiff, Wilson, Removal of the remarks of City, 5, 12, 22 remarks of 1_6 14 17 15, 17 11, 12, 14, 16, 18 18, 20 11, 12, 13 17, 18 18 remarks of , 405, 773, 774 404, 773 406 404 404 404, 405, 406 104i 143, 407 420, 629 Johnston, Palmer, Skiff, Wilson, 16 13, 15, 17, 18 17, 18 remarks of 11 Mr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, remarks of Day, Edwards, Harris, 35 35 3~ 68 INDEX. PAGE. PAGE Reports of the supreme court by judge Greene; purchase of, 104, 165,171, 411, 412 109 144, 145 Mr. Clark of Alamakee, Clarke of Johnson Hall, Harris, Johnston, Todhunter, Solomon, 161 Truer, 145, 409 Wilson, 105, 106, 107; 11 1 114, 153, 154, 155 160, 161, 407, 408, 409 Winchester, 158 Repeal of tax laws, 53, 273, 279 Reporters of the courts, 116, 260 Reporter of the convention; resolution in relation to the appointment of, 10 appointment of committee in relation Reports of special committees on accounts and expenditures, on the basi s o f r epresentatio n, ,on credentials, on bill of rights, distribution of the debates, to examine rooms for the convention, on incorporations, on printing the constitution and jour nal, on the removal of the convention from Iowa City, on reporting and publishing the de bates, on the rules of the convention, on the standing committees of the convention, on suffrage, Reports of the special committee on the bill of rights; printing of, of the convention, of Gate City, Iowa City Republican, Keokuk Times, Maquoketa Excelsior, North West, Reports of the supreme court; supplying members with, Mr. Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Harris, Johnston, Palmer, Wilson, Mr. Cl'arke of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, 88 91, 92, 93 88, 89, 92 94 . Young, Reports of the special committee on the right of suffrage; printing of, remarks of Palmer, Scott, Solomon, Todhunter, Traer, Winchester, Young, Mr. Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, i 68 1NDEX. PAGE. PAGE Repeal of special corporations 1051 reni arks of Palmer, Pa.rvin, Peters, remarks -of 1052, 1053 1051, 1052, 1053 1052 1053 1052, 1053, 1054 1052, 10-53 1053, 1054 Price, Scott, Skiff, Solomo.n, Traer, Wilson, 151 104 164, 168, 407, 408 Traer, 758 1026 275 6 6 I') 1 850 24 648 to, 11 11 12 report of committee in relation to, 972 appointment of, resolution to furnish documents and stationery to, compensation of, resolution oftbanks to, Reporters of papers admitted to the floor 12 20 26 1034 26 20 19 19 19 21 649 23 654 23 remarks of 88 655 655 654 656 654 6 515 656 657 655 654 655 7-emark8 of 91, 94 89, 93 88, 89, 90 88, 89, 93 88 Emerson, Gower, Hall, Harric,, Jobnston, 88, 89, Winchester, 88, 89 90 92 89 91, 92, 93 90 657 663 660 660 90. INDEX. PAGE 611, 1031 604, 607, 624, 625, 939 610, 616, 619, 620 621, 622, 623, 6 5 69,6, 1031, 1032 603, 604 Report of the standing commnittee on the preamble and bill of rights, Report of the. special committee on the right of suffrage, being a resolution to submit to the people the question of striking the word "white" from the constitu Mr. Clarke of Johnson, Ells, Parvin, Report of the standing committee on education and school lands, second report of the standing corn mittee on education and school lands, first minority report from the standing committee on education and school lands, second minority report of the commit tee on education and school lands, 873 Report of the standing committee on the executive department, 76 of the standing committee on incorporations, 96 of the standing committee on the judicial department, 115 of the minority of the standing cornm. mittee on the judiciary, 11 of the majority (second report,) of the standing committee on the judicial department, 25 of the minority (second report,) of the standing committee on the judicial department, 2,? of the standing committee on the legislative department, 37 7.; of the standing committee on the mi 605 607, 608 609, 610, 640 612, 616, 618, 620 626, 640, 1031, 1032 603, 616, 617, 618 620, 621, 639, 640 603. 612, 615 618, 62-3 626, 1082 60J4, 607, 608, 609 615 of the standing committee on miscel. laneous subjects, of the standingcommittee on the right of suffrage, of the standing committee on the 615, 616, 617 62'1, 622, 623 624, 625, 1031, 1032 604, 606, 613 614, 1031, 1032 619, 620, 1031 611, 626, 639, 640 622 606 renmarks of 1030. 1031 1037, 1040. 1041 1038, 1039 1042,1043, 1044 ' 1045, 1046,.1048 1037, 1047 6, PAGE. 615 911 659 1 658 6621 1 1 657 i 657 i Edwards, Gillaspy, HILIJ, s l i ft-, Solomon, Traer, Wilson, Selomon, Vilson, 657 Winebester, 64 remar7,-,s of t' (-) -n, 649 103 100 103 remarks of llr. Butiker, Cl-,irk of Alamakee, Cl, —Lrke of Henry, 908, 909 709 667, 676 665, 666 675,680,888 680, 691 78 Clarke of Johiison, 871 E(Iwarcls, 79 Ells, Gibson, Gower, Hall, Harris, 672., 675, 691, 905 694 680 687 905 672, 676 699, 912 680, 915 664, 665 915 Marvin, Parvin, Peters, Scott, Winchester, Report of the standing committee on amendments to the constitution 36 rentark8 of -Nli-. Banker, C'ttrk of Alimakee, (,,f H.-nry, litia, 6 of J)hnot-i, 618 36 ( "-,,'i 1 ei I,, G.) v.- ci, !fail, schedule, 914 Mr. Gillaspy, Hall, Hari-is, Harris, ,Afarvin, I'almer, Parvin, Scott, 0 Johnston, 0 INDEX. PAGE lm 1037, 1038 l 1041 Pattrson 1047 1037 1036, 1037, 1038 1039, 1041, 1042 1043, 1044, 1045, 104G Representative districts; formation of, 84, 549 Representatives; qualificationls of, 183, 516 number of senators and, 84, 516 541, 552, 576 Repori of the stand ing committee on state debts upon a resolution of enquiry in relation to city and countyindebtedniess, of the standing committee on state debts in relation to the article upon state debts, Reports of standing committees to be acted upon in the order of their appointment, of standing committees to be read on three several days, 87, 118 Representation; appointment of the special committee upon the basis of, 62, 74 y, 553, 576 o n, 542, 553 521 520 520 517 553, 554 523 541, 542, 553 516, 517, 519 515, 519 541, 542 441, 553 541, 576 516, 521 senators; term of residence of, Solomon, 63 Traer, 63 Representation; apportionment of, 84, 540 10, 1011, 1013 Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Gower, Mr. Clarke of Henry, Clarke of Johnson, MIarvin, Skiff, Gray, 567 Parvin,. 571 Solomon, 567, 570, 571, 572 Traer, 557, 558, 572 Reprieves; governor to have power to grant, 17, 586 Rescinding resolution fixing time for adjournment, sine die, 941, 1012 remarks of Mr. Gillaspy, Todhunter, Traer, Wilson, Residence, term of; of the governo Representation, basis of; provision in relation to, 275, 543, 554, 577, 579 lieutenant governor, 77, 580 .554, 555 of the members of the general assem 11 E )ly, - r31, 51. 557 5,';7, 1015 I I II i I 70 PAGE. Ilarris, Pal m er, Parvii3, Patterson, Todhunter, AVilson, 545, 5,,4, 578 548 544, 546, 5,54 54(',, 549, 577, 579 543, 554., 578 Marviin, Parvin, SOIOIDOD, Traer, 50 1 remarh-s of Mr. Clarke of Heiar Clarke of Jobias Edwards, Gillaspy, Gower, I-lall, Harris, 52 95 Jobnston, Palmer, Parvin, Scott, Solomon, rentarlr8 of i)lr. Clarke of Heiary, Hall, . Harris, Johnston, 63 62 7 I tives and 62, 63 62 Parviti, 83, 516 remarks of 569, 573 156 8 568, 1015 571 557, 569, 570 568 567 1 571 567, jr7O, 571, 572 ,557, 558, 572 7-emark,s of 1015, 1016 1014, 1015 1016 1011 I 1013, 1'raer, Wilson, 540, 1014, 1015 1015 Representation; apportionment by first general,Lssernbly under the iaew cons' itution remarks of Mr. Wilson, Winchester, 998 998 1013 1012, 1013 1013 1013 remar7cs of 0'iNIr. of fleri-y, li,11, INDEX. by Mr. Gower, in relation to )baniking der general laws, by do, in relation to the ocation of t capitol of the state, by do, in relation to the proper dissition of the school fund, by ilr. Harris, in relation to the plan dividing the state into judicial districts, by Mr. Johnston, in relation to the arle on education and school lands, by do, in relation to thearticleupthe legislative department, by Mr. Palmer, in relation to the arti upon the judicial department, by Mr. Parvin, in relation to the arle upon education and school lands, by do, in relation to the article up state debts, by Mr. Peters, in relation to the arle upon the judicial department, by Mr. Price, in relation to the article on the executive department, by Mr. Seely, in relation to the basis representation, by Mr. Solomon, in relation to age of Lte officers, by do, in relation to the issuing of per money in this state, by do, in relation to the prohibition articles of manufacture and sale, by Mr. Todhunter, in relation to the ticle upon the executive department, by Mr. Traer, in relation to the arti fie upon amendments to the cons'itution, by Mr. Wilson, in relation to the arti upon amendments to the constitution, by do, in relation to the article up e legislative department, Resolutions of enquiry; offering of Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnston, Edwards, Gillaspy, Gower, Gray, Parvin, Solomon, Traer, Residence of voters, Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gibson, 8 Gillaspy, 8 Harris, 860, 864, E Marvin, 8 Palmer, 8 Price, E Scott, 8 ~ Solomon, 8 Resolutions of enquiry by Mr. Ayres, in relation to city and county indebtedness, by MNr. Bunker, in relation to state bank and branches, by oir. Clark of Alamakee, in relation to general banking, by do, in relation to the article upon the judicial department, by Mr. Clarke o f Henry, in relation to elections, by d o, in relation tothe article upon t he judicial department, by do, in relation t o the creation of the office of lieutenant governor, by do, in relation to the article upon the legislative department, by do, in relation to the article upon the right of suffrag e, 45 bv Mr. Clarke of Johnson, in relation to the article upon the judicial department, by Mr. Edwards, in relation to the ar cle upon the judiciary department, by do, in relation to the framing of special laws by the general assembly, by Mr. Gibson,.n relation to the arti cle upon t (lebtts, I 71 PAGE. PA(', P, re?,-iarl:s of 59 .569, 5131 568 568, 1015 511 557, 569, 511 568 567 571 5-iO, 571, 5-i2 557,558,512 36,860,870 89 47 816 39 567, 30 rentark-3 of 82 62 70 64 70 67 60 67 67 67 63 65 61 62 34 46 39 64 47 .39 32 of 39 35 33 34 23 re7na?-k8 of 33, 87 33, 86 32 31, 46 48 86 86 311, 40,46, 66 33 40 31, 32 81 87 Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Emerson, Hall, Harris, . Johnston, Marvin, Palmer, Parvin, Warren, Ivilsoll, INDEX. appoint ment of Mr. Peters upon the sta-ndin,g commiiiitteeupon the preamr,ble and bill of rights, and the schedule, by Air. Robinson, 96 appointment of' Johni Quairitance as sistant fireman, by Mr. Clarke of Johnson, 24 calling upon the Secretary of State for information concerning the j udicial dis tricts, by ir. Clarke of Joh ns onr 40 calling upon the Secretary of State for information concerning the indebtedness of the counties in this State, by olr. Traer, 94 compensation of the secretary of the convention for enrolling the journal, by Mr. Clarke of Johnson, 877 distr ibution of the debates by Mhr. Wilson, 761 dividing the State into judicial dis tricts, by Mr. Harris, 874 drawing seats in the senate chamber, by Mr. Gray, 81 drawing seats in the senate chamber, by Mr. C1, rke of Henry, 82 duties of the secretary in making up the journal, by Mr, Hall, 64, 85 election of the officers of the conven tion, by Nlr. Winchester, 6 election of the President of the con vention, by Mr. Clarke of Johnson, 6 employment of an enrolling clerk, by Mr. Wilson, 742 employment of John Teesdale to print one hundred copies o! the constitution, by Mr. Clarke of Johnson, 11, 20 employment of John Teesdale to print two hundred copies of the rules of the con vention, by Mr. Clarke of Johnson, 23 employment of John Teesdale to do the incidential printing of the convention, by lVlr. Clarke of Johnson, 24 enrolling the journal of the conven tion, by Sir. Clarke of Johnson, 758 forlwardinig mail matter to meimbt*r, of the convention after adjou rnment, bl: .Mr. Winchester, 1012 furnishing members of the convention with the acts of the legislature of 18,53 and 1856d, by Mrs. Edwards, l0 furrni.hin~g memlbers with code of Iowa, by.~lr. Eldward s, 10 furnishing mnembers with the constitutio~.s of the s8:verai S;tates, by Mrl. (Jlarke.. of Johnson, 20 PCesolutions, mtiscellaneous, in relation to addition of two mambers to the cornm mittee on'ccounts and expenditures; by Mr. Gibson, 958 adjoui rnment over till May by M{r. Peters, 496 adjour —nm -ent sinew die, by -li,. Edward<, 1065 adjournumenrt sine die, by Mr. Gillaspy, 360 adj(iulrnmenlt siic die, by MAr. Hall, 502 adjournment sine die, by Mli.Wincliester, 478 admitting reporters of state papers, to the floor oftthe convention, by Mr. Cilark of Alamakee, 23 admitting the reporters ofthe Keokluk Times and GateCity to the floor of the convention, by Mr. Patterson, 19 admitting the reporter of the Iowa City Republican t. the floor of the con- vention, by Mr. Clarke of Johnson 19 admitting the reporter of the North West to the floor of the convention by Mr. Emerson, 23 admitting the reporter of the Maquoketo Excelsior to the floor of the convention, by Mr. Warren, 23 allowing the State Colonization Society the use of the convention room, by Mr. Patterson, 34 amendment of the rules, by Mr. Clarke of Johnson, 118 amendment of the rules, by Mr. Harris, 118 amendment of the rules, by Mr. Pal mer, 26 amendment of the rules, by Mr. Traer, 48, 64 appointment of committee to draft rules for the government of the convention, by Mr. Todhunter, 10 appointment of chaplain to the convention by the President, by Mer. Patterson, 22 appointment of a reporter of the debates, by MIr. Clarke of Henry, 10 appointment of standing committee upon the charitable institutions of the State, by Mtr. Harris, 96, 118 appointmient of special committee upon the basis of representation, by Mr. Traer, 62 appointment of special committee to ascertain the cause of the delay in the printing of the debates, by Mr. Clark of Alainak e, 494 appointment of special committee upon the school fund, by Mlr. Johnston, 781 appointment of special et,mmittee on revisioI, by,Mr. Clarke of Henry, 494, 72 PAGE PAGI,'. INDEX. s. ~~~~~~~PAGE number and character of the standing committees of the convention; by Mr. Traer, 19 number and character of the standing committees of the convention; by Mr. Wilson, 10 oath to be taken by members of the convention; by Mr. Todhunter, 8 offering resolutions of enquiry; by Mr. Hall, 48 order of considering reports from com mittees; by Mr. Hall, 95 paper folder to the convention; by Mr. Hall, 95 per diem of members of the conven tion; by Mr. Clark of Alamakee, 490 per diem of the president of the con vention; by Mr Johnston, 760 personal differences between members of the convention; by Mr. Edwards, 1062 postage of members of the conven tion; by Mr. Todhunter, 22 presenting a chair to the president of the convention; by Mr. Gray, 1022 printing the constitution in German; by Mr. Clarke of Johnston, 748 printing the constitution in the Hol land language; by Mr. Gibson, 815 printing the constitution in the Hol land language; by Mr. Hall, 986 printing two thousand copies of the constitution; by Mr. Skiff, 1025 printing the journal; by Mr. Parvin, 742 publication of the debates; by Mr. Winchester, 22 reference of articlw of the constitu tion to their appropriate committees; by Mr. Clarke of Johnson, 23 reference of subjects to committees without debate; by Mr. Warren, 33 rescinding the resolution fixing the time for adjournment sine die; by Mr. Todhunter,'991 returning to the secretary of state the documents furnished to members; by Mr. m Clark of Alamakee, 990 rules of the convention; by Mr. Gray, 9 sergeant-at-arms summoning mem bers of the convention; by Mr. Skiff, 741 sergeant-at-a rm s summ oning mem bers of the convention; by Mr. Wilson) 741 furnishing members with twenty-five daily newspapers, by Mr. Palmer, 10, 23 furnishing members with fifteen additional newspapers, by Mr. Harris, 74 furnishing members with an abstract of the organized counties in this state; by Mr. Todliunt er, 34 furnishing members with Parier's sectional map; by MAr. Hall, 26 furnishing members with the reports of the supreme court; by Mr. Palmer, 88 fur nishi ng members wi th stationery and documents; by Mr. Todhunter, 20 giving each editor in th e state a c,)py of the debates; by Mr. Hall, 1026 increasing the compensation of the assistant secretary; by Mr. Gray, - 1025 increasing the number of slips of the debates to be furnished to members; by Mr. Marvin, 179 instructing committees to report by a certain time; by Mr. Winchester, 626 limitation of debate; by Mr. Ells, 360 limitation of debate; Ilr. Edwards, 500 list of members of the convention, with ages occupa tion, &c.; byMr. Wilson, 23 location of the state capitol and university; by Mr. Skiff, 877 mailing slips of debates to members after the adjournment of the convention; by Mr. Clarke of Johnson, 1003 manner of committees of the conven tion making their reports; by Mr. Clarke of Henry, 52 meeting of the convention in the court room; by Mr. Gillaspy, 23 meeting of the convention in the senate chamber; by Mr. Gray, 81 mileage of members of the convention; by Mr. Clarke of Alamakee, 986 mileage of members of the convention; by Mr. Hall, 990 night sessions of the convention; by Mr. Gibson, 780, 815 night sessions of the convention; by Mr. Gillaspy, 573 k '73 furnishing members with Cushing's Manual, by.,Nlr. Ells, furnishing members with a list of the organized counties in this State, by Mr. Hall, 74 INDk1X. PAGE. PAGE Clarke of Johnson, Edwards, Gillaspy, Harris, Johnston, Palmer, Wilson, Winchester, Young, Right of suffrage; resolution reported from the special committee upon, 649, 664, 888 915 tion; by Mr. Winchester, 64 tion; by Mr. Edwards, 118 remarks of Mr. Bunker, Clarke of Alamakee, Clarke of Henry, Clarke of Johnson, 908, 909 ,09 667, 676 665, 666, 675, 680 888 680, 691 672, 675, 691, 905 694 915 680 687 905 672, 676 699, 912 980, 915 641 915 ing, 96, 392, 420 RPight of suffrage; appointment of standing committee updn, 10, 1 petitions concerning negroes and mulattoes referred to standing committee upon, 115 resolutions of enquiry referred to standing committee upon, 4 report from standing committee upon, third reading of article upon, yeas and nays upon the final passage of the article upon, 1008 Right of suffrage; appointment of special committee upon, 219 Mr. Clark of Alamakee, Clarke of Johnson, Gillaspy, Hall, Harris, Todhunter, Traer, Roads; resolution of enquiry in relation to the assessment of taxes for, legislature to pass n o speci al laws for the assessment and collection of taxes for, Harris, Palm er, Warren, Right of suffrage; printing of the reports of the special committee upon, resolution of enquiry in relation to vacating, 655 legislature to pass no special laws f 655 vacating, INDEX. 74 PAG-E. PAGE 654 656 654655 656 657 6,) 5 654 655 Edwards, Ells, Gibson, Gillaspy, Gower, Hall, Harris, Marvin, Parviii, Peters, Scott, Wincliester, s; private property taken for the use of, 97, 126 renzark8 of 126, 127, 128 128 127 128 126, 128 12 7 128 remarks of Mr. Clarke of Henrv, Edwards, Gillaspy, Hall, 218 218 218 218 218 218 218 48 84 531 654 remar7c8 of 48 Mr. Bunker, Clarke of Henry, 84, 521 * liN1)b'X. 75 PAGE PAGE Hall, 480, 481, 483, 484 486, 491, 505, 506 507 Harris, 479, 483, 484 Marvin, 482, 483 Patterson, 505 Peters, 485, 487 Solomon, 506 Traer, 479, 483 Wilson, 479, 48], 490, 491 493, 506 Winchester, 481 Salary of the governor, 84, 550, 555, 578 Salary of the lieutenant governor, 597 appointed upon the standing committee upon miscellaneous subjects, 22 credentials of, 6 mileage of, 1026 offered an amendment concerning time of elections, 805 offered a resolution that Mr. Peters be appointed upon the standing committee upon the preamble and bill of rights, and the standing committee upon the schedule, 96 Rules of the convention; appointment of a special committee to draft, 10 report of committee to draft, 20 two hundred copies ordered to be printed of the, 23 previous notice required of amend ment of the, 26 notice given of proposed amendments to the, 64, 87, 118 resolution in relation to amendment of Salary of the secretary of state, 84, 550, $55 578 Salary of the supreme judges, 84, 116, 259 478, 504, 550, 555 578 Trser, Wilson, remarks of Mr. Clark of Alam Clarke of He Sabbath; petitions in relat passage of laws for the obser Christian Sabbath, Salaries; resolution of enq tion to, Salary of attorney general, of auditor of state, of district judges, 48 550, 554 84, 550, 553,.578 84, 116, 478, 504 650, 555, 578 Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gray, Hall, Mr. Clark of Alamakee, Clarke of Henry, 480, 489 480, 485, 489, 491 493, 505, 507 479, 481, 485, 487 489, 491 493, 505 488, 504 E 488 487 486 481 480,, 482, 493, 506 481, 504, 505, 506 Winchester, 481 Salary of the treasurer of state, 84, 550, 578 J 75 PAGH PAGE ROBINSON, M. W. remark-i of iNIr. Clarke of Henry, Palmer, Scott, Traer, 597, 598 597 598 597, 598 the, 48 remark-i of Mr. Clarke, of Henry, Hall, 48 49 49 49 s Clarke of Johnson, remarks of Harris, Marvin,. Patterson, Peter,g, Solomon, Traer, Wilson, Clarke of Johnson, Day, Edwards, Ells, Emerson, Gibson, Gillaspy, Gray, 76 INDEX. PAGE Saunders, Thomas J., appointed secreta ry pro tern. 5 elected permanent secretary, 7 appointed to superintend the publication of, and to index the journal, 742, 814 directed to prepare an enrolled copy of the journal to be deposited in the office of secretary of state, compensation for superintending the publication of, and indexing tae journal, Traer, 819 School fund; resolution of inquiry in relation to, 40, 47, 48 agents of, 79, 772, 967 disposition of, and manner of using, 78 744, 771, 825, 967 972, 991, 1001 rate of per diem of, 759 amount ofper diem of, 1059 resolution of thanks to, 1028 Schedule; appointment of standing committee upon, 10, 19, 22 resolution of enquiry referred to standing committee upon, 22 report from standing committee upon, 914 third reading of article upon, 995 yeas and nays upon final passage of article upon, 1084 848, 1002 994 849, 993, 994 744, 772, 850, 1001 772, 994, looI 848 836, 847, 850 O1001 846 847 848, 972, 992, 1003 1036, 1037 1037, 1040, 1041 1038, 1039, 1042 1043, 1044, 1045 1046, 1048 1037, 1047 037, 1038 1041 1047 1037 1036, 1037, 1038 1039, 1041, 1042 1043, 1044, 1045 1046 84 9 847, 1001, 1003 993 School lund to be guaranteed all losses by fraud or mismanagement of state offices, 272 277 4Mr. Clark of Alam,Dkee, Clarke of Henry, Clarke of Johnson, Gower, 277 Hall, 278,278 Johnston,' 279 Skiff, 277, 278 SYoung, 279 School fund; when school districts may be deprived of their share of, 78, 770, 816, 825 Scholte, Henry B., employed to translate and print the constitution in the Holland language, 973, 986 compensation for translating and printing the constitution in the Holland language, 1050 School districts, length of schools to be kept in, 78, 770, 816, 825 remarks of remarks of Mr. Clark of Alamakee, Mr. Clark of Alamakee, Ells, Gibson, 76 INDE-X. PAGE. Gillaspy, Gower, Hall, Harris, Marvii.i, Palmer, Scott, Skiff, Todbunter, 7.58 985 1005 compensation for enrolling the jour nal, remarks of Mr. Clarke of Henry, Clarke of Johnson, Gillaspy, Gower, Hall, Harris, Johnston, remarks of Marvin, Palmer, Skiff, Solomon, Todhunter, Traer, Wilson, Mr. Gillaspy, Hall, Harris, Johnston, Palmer, Parvin, Patterson, Todhunter, Wilson, remarks of Scholte, Henry B., 818, 821, 822 818 770, 816, 823 824 818, 821, 822 818 770, 816, 823 Ells, Gibson, Gillasp.v, INDEX. 77 PAGE. PAGE Hall, Marvin, Parvin, Skiff, Palmer, 823 Scott, 817 Skiff, 816, 818 Todhunter, 816, 817, 822 Traer, 819 School fund; appointment of select committee upon, 781 report of select committee upon, 1001 real estate of banking corporations to escheat to. 97, 413 School lands; appointment of standing committee upon education and, 10, 19, 22 resolutions of enquiry referred to standing committee upon education and, 40, 47 report of standing committee upon education and, 78 recommitting of report to standing committee upon education and, 853 second report from committee on education and, 871 third reading of the article upon education and, 1028 yeas and nays upon the final passage of the article upon education and, 1030 Schools; age of scholars, 78, 842 taxes for school houses and, 841 chancellor of, 78, 770, 837 Schools, establishment of a system of, 78, 770 Ad 816, 825a 953 Schools; tobe kept up in each school district three months, 78, 770, 816 age of governor and lieutenant governor, 580, 581 adding two members to the committee on accounts and expenditures, 959 board of education; powers of, 944, 949 city and county indebtedness, 413, 422 classification and number of senators, 518 i19 common school system, 830, 831 compensation of board of education 955 compensation of the lieutenant gov 82 8, 8 29 826, 827, 823 8 -4 33'0, 832, 968, 971 770, 816, 832 824, 825, 826 827, 829, 832, 833 816, 830 27, 830, 831, 835 727, 825, 837 8.5 830,831 828,830 953, 965, 969 968 ernor, 598 competency of witnesses, 7:5 county seats and boundaries, 533 counties; size of, 799, 800 courts; number of, 435 expenses of the board of education, 966 furnishing members with the reports of the supreme court, 90 indebtedness of cities and counties, 313, 422 indebtedness of the state; limitation Mr. C'larke of Henry, Ells, Gillaspy, INDEX. 77 PAGE. PAGE Gower, Hall, 968, 969 968, 969 911 Harris, 969 970, 971 969 ,Alarvin, Traer, Wilson, remark8 of Afr. Clark, of Alamakee, Gibson, Gillaspy, Gower, Hall, Harris, Marvin, Palmer, Scott, 8 k i iT, Todhunter, Traer, SCOTT,ALPHEUS, appointed upon the standing tee upon state debts, credentials of, mileage of, 818, 821, 822 170,816,823 8 4 816 819, 822, 824 817, 822 819 8 ". 3 81 7 816, 818 816, 817, 822 819 22 6 1026 remarks upon adjournment sine die, on fourth of ilfarch, 502 re??tarks of 31r. Clarke of Henry, Clarke of Johnson Edwards, Ells, Gibson, Gillaspy, Gower, Hall 8 illarvin, Parvin, Scott, 0 Skiff, Wilson, Schools to be free of charge, remarks of 970 958, 971 968 of, 71 78 INDEX. PAGOE Philip B. Bradley nominated for, authorized to make arrangements for the payment of the postage of members and officers of the convention, 22 resolution in relation to making up the journal of the, 64, 85 appointed to superintend the publication of, and to index the journal, 742, 814 directed to prepare an enrolled copy of the journal to be deposited in the office of the secretary of state, 758 compensation for superintending the publication of, and indexing the journal, 985 1005 compensation for enrolling the journal, 877 postage of the convention, 1050 postage upon future mail matter of the convention, 1055 powers of the board of education, 944, 949 printing the constitution in German, 9 76 private property taken for public uses, 504 provision to confine schools to unmarried persons, 842 punishment of frauds in banking, 392 repeal of incorporations, 104 report of the committee on future amendments to the constitution, 606 residence of voters, 865 salary of the lieutenant governor, 598 * scholars in common schools to be un reports, compensation for distributing the debates, 1 Security of corporations for banking, 96, 344 362, 419, e75, 789 state bank and branches, state indebtedness; limitation of, striking the word "white" from the article on militia, system of common schools, 830, term of school in each school district, trial by jury, "unmarried"; striking fromn the provision upon common schools, the word, voters; residence of, "white"; striking from the article on: militia the word, Second messenger; George Cjarman appointed pro tern, George Clearman elected, rate of per diem of, amount of per diem of, Willis Conrad nominated for, Secretary of the convention; Thomas J. Saunders appointed pro tern, Thonrs iTJ. S,,iunders elected, INDEX. 78 PAGE. 7 SCOTT, ALPHEUS, remarlm upon 119 189 598 501 271 jury trial, liability of bank officers, lieutenantgovernor; salary of, limitation of debate, limitation of state indebtedness, location of county seats and bounda 533 435 518 519 1050 ries, number of courts, number and classification of senators, rate of ver divn of, amount of per them of, resolution of thanks to, 1050 1028 s eachment of, 83, 527, 551 ry of, 84, 550, 555, 578 m of office of, 77, 588 t election under the new constitu 914, 916 tion of, compensation for distributinggreene's 1049 married, 817 519 800 390 271 1005 remarks of 341, 350, 353 358, 359, 179 346, 791, 192 344, 346, 351, 789 .347, 348 356 354 350, 363,1.94 363 846, 348, 350, 352 353, 357, 359, 774 175 o Mr. Clarke of HeDry, Clarke of Johnson, Edwards, Ells, Emer.son, Gibson, Gilla,spy, Gower, Hall, Harris, 842 865 641 5 8 760 1050 8 347 847, 354 351 - Johnston, Parvin, Peters, Skiff, Solomon, Wilson, 346 349, 791 3,'-15- 358, 115, 789 t) 7 1ND~~~~~~X. 79~~~~~ PAGE. PAGH Sessions of the general assembly to be biennial, 82, 510, 588 appointe d upon the st anding commit - tee upon the executive department, appointed upon the special committee upon the basis of representation, 74 credentials of, 6 mileage of, 1026 offered a resolution of enquiry in relation to the basis of representation, 64 Senatorial districts; formation of, 84, 549 Senators; age of, 30, 83, 516, 567 Mr. Clarke of Henrv,y, Clarke of Johnson, Edwards, Gibson, Gillaspy, Gower, Hall, Harris, Marvin, Palmer, Parvin, Traer, Wilson, Winchester, apportionment of representatives and, 84 540, 552, 1011, 1013 Sessions of the board of education; number and length of, 78, 768, 816, 938 Mr. Clarke of Henry, Clarke of Johnson, Marvin, Skiff, Truer, Wilson, Senators; classification and number of, 83 518, 551 Mr. Clarke of Alamakee, Hall, remarks of 520 520 518, 520, 523 523 517 616, 517, 519 518, 519 516, 517, 520, 522, 523 516, 521 ce of, 83, 516 83, 616 Harris, 518, 520, 523 Johnston, 523 Palmer, 517 Parvin, 616,517,519 Scott, 518, 519 Truer, 516, 517, 520, 522, 523 Young, 516, 521 Senators; term of office of, 83, 516 time of electing, 83, 516 first election under the new constitution, 914, 977 term of office under new constitution of present, 914, 977 appointed upon the standing committee upon militia, 22 appointed upon the standing committee upon incorporations, 22 appointed upon the special committee on the right of suffrage, 219 appointed upon the standing committee upon the schedule, 648 appointed upon the committee to procure the printing of two thousand copies of the constitution, 1025 credentials of, 0 made a report from the standing committee on militia, 628 mileage of, 1026 S. C. Trowbridge elected permanent, resolution in relation to the summon, ing of members by the, rate of per diem of, Servitude, involuntary; not permitted in this state, except for the punishment of crimes, 100, 138, 209 INDEX. 79 PAGE. PAGE SEELY, THOMAS. 21 remarks of 513, 560, 562, 563 561 511 51 1, 561 566 510, 566 510, 512, 559 511, 513, 564 512, 566 510, 511 510, 559 1660 563 562 remarks of 1015, 1016 1013, 1014, 1015 1016 1011 540, 1014, 1015 1015 remark,v of 825 159 769 168, 169 .169 769 Johnston, Marvin, Skiff, Todhunter, Mr. Gillaspy, Gower, Size of counties, 216, 294, 648, 198 remarks of Mr. Clarke of Henry, Clarke of Johnson, Emerson, Scott, 1, 800 798, 800 800 199, 800 SKIFF, HARVEY J. Sergeant-at-arms of the convention; S. C. Trowbridge appointedpro tem, 5 7 741 759 1050 I .amount of per them of, D. F. Gaylord nominated for, INDEX. PAGE general banking, giving each editor in the state a copy of the debates, moved the appointment of a special committee on the right of suffrage, moved the previous question upon the p ublication of the debates, offered a resolution in relation to the summoning of members by the sergeantat-arms, offered a resolution concerning the printing of two thousand copies of the constitution, offered a resolution in relation to the location of the state capitol and unrliversity, guaranteeing to school and university funds agaainst losses by the f ra ud or mismanagement of state officers, 277, holding night sessions of the conven judicial dis trict s; n umber of, jurisdiction of justices of the peace, length of sessions of board of educa limitation of debate, 361, limitation of state indebtedness, location of state capitol and univer age of governor and lieutenant gov making common schools free of charge, manner of conducting criminal prose on, 768 age of persons to serve in the militia, 461 apportionment of representation, 1011 banking under general law, 346 b,oard of education, 731, 755 city and county indebtedness, 290, 311, 415 425, 427, 808 common school system, 828, 830 comm on sc hools to be free of charge, 969 compensation of the board of educa cutions, 201 natural rights of man, 732 night sessions of the convention, 815 number of courts, 228, 229 number ofjudicial districts, 631 number of the board of education, 767, 768 number and length of the sessions of the board of education, 769 oath to be taken by members of the convention, 8, 9 order of business, 720, 732, 878, 879 personal and general explanations, 10 6 postage upon future mail matter of the convention, 1056 power of the governor to call extra sessions of the general assembly, 583 preferred creditors of banks, 396, 397, 399 printing the reports of the special committee on the right of suffrage, 657 printing the journal and constitution, 975 976, 978 tests, 172 conduct of first messenger, 275, 276 courts, number of, 228, 229 criminal prosecutions; manner of conducting, 201 denizens; persons not citizens, other tha n foreigners, 134 disposition of the school fund, 847 distribution of the debates, 764, 917 920, 1004 distribution of the rules and regulations of the board of education, 938 drawing seats in the senate chamber, 82 eligibility to office, 812 expenses of the board of education, 953 extra sessions of the general assem pun ishment of frauds in banking, re-committing the report of the committee on education and school lands to that committee, reference of resolution of enquiry, religious tests and competency of wit nesses, 172 repeal of incorporations, 164, 168, 407, 408 f epeal of laws in relation to banking, 404 resolution of enquiry in relation to city and county indebtedness, 43 80 PAGE. SKIFF, HAR,.VEY J. 3li6 1027 278 741 tion, 815 indebtedness of tbe state; limitation 0 f, 265 631 795 tion, 769 362 265 rentar7cs upon 839 969 580 Sity ernor, cati tion, 958 competency of witnesses and religious 854 81 bly, 583 filling vacancies in the office of gov 587 ernor, first election of supreme judges un the new constitution, first messenger; conduct of,' 995 275, 276 LNDEX. PAE PG Soldiers; not to be quartered in the houses of private citizens without their consent in time of peace, 99, 126, 202 resolution of enquiry in relation banking, school fund; disposition of, schools in each school district, schools to be free of charge, sessions of the board of education, state indebtendn ess; limitation of, striking the word "white" from the constitution, 664, submission of laws to the people, 803, system of common schools, 828, term of office uf governor and lieutenant governor, term of school in each school district, appointed upon the standing committee on the judicial department, appointed upon the select committee upon the basis of representation, appointed upon the committee to superiutend the reporting and printing the debates, credentials of, mileage of, offered a resolution of enquiry concerning the issuing of paper money, offered a resolution of enquiry concerning the prohibition of articles of manufacture and sale, offer ed a resolution of e nquiry concerning the age of state officers, university and capitol;,location of, vacancy in the office of governor, " white;" striking from the constitution the word, 664, Slavery; prohibited in this State, 100, action of political parties in relatie'* to the question of, 680, 888, appointment of special committee upon the basis of representation, age of governor and lieutenant gover age of member s of the board of educae tion, adjournment sine die on the fourth of Mr. Bunker, Clark of Alamakee, Clarke of Johnson, Edwards, Ells, Gibson, Hall, Harris, 905 Parvin, 699 Winchester, 915 Slips of debates to be furnished to members, 26, 53, 68, 179 502 349, 791 549, 557, 578 579 722, 725, 767 s, 311, 776 178 760 compensation of the chaplain, contracts for state indebtedness in certain cases to be void, 284 county seats and boundaries, 534 courts; number of, 252, 467, 470 criminal prosecutions; manner of conducting, 122 disposition of the school fund, 848, 972 992, 1003 distribution of the debates, 762, 764, 918 920 dividing the state into judicial districts, 6 election of board of education, 768 exclusive jurisdiction of the United States over territory in Iowa, 210, 211 81 PAGE PAGE. 89 847 818 969 769 265 SOLOMON, D. II. 22 74 174 6 1026 586 816 818 839 587 39 89 665 1'.D 8 47 remark8 upon remarks of 63 909 709 888 680 905 580 or, 768 694 68T 905 699 915 March, remark8 -Jo Mr. Bunker, Clarke of Alamakee, Clarke of Johnson, Edwards, Gillaspy, Gower, Hall, Harris, Marvin, Palmer, Parvin, 29 29, 69, 10, 72 69 68, 11 70, 12 28, 29, -i 3 29, 68, 70, 73 28, 68, 70, 178 179 28, 29, 89 70 28, 71 71 29 876 768 Traer, Wilson, Winchester, Young, 28. 29 82 INDEX. PACE. PA9 residence of members of the general assembly, 567, 570, 571, 572 residence of voters, 861 salaries of judges, 506 school fund; disposition of, 848, 972, 992 1003 school and school houses; taxes for, 841 senators and representatives; number of, 541, 542 special committee on basis of representation, 63 extra sessions of the general assembly, 583 584, 585 furnishing members with the reports of the supreme court, 92 general assembly; residence of memb ers of, 567, 570, 571, 572 general banking, 394, 791 holding night sessions of the conven state bank, 390 state indebtedness; limitation of, 270 state university; location of, 771 taxes for schools and school houses, 841 term of office of the governor, 590 United States; jurisdiction over territory in lown of, 210, 111 university; location of, 771 voters; residence of, 861 Speaker of the house of representatives; to sign bills that pass the general assembly, 83, 525 when to act as governor, 77, 587 Special committees, appointment of; on the basis of representation, 63, 74 judges; salaries of, 506 judicial districts; plan of, 876 jurisdiction of the United States over territory in Iowa, 210, 211 limitation of state indebtedness, 271 location of county seats and bounda location of the state university, 771 manner of conducting criminal prosecutions, 122 mileage of members of the convention, 989 Mills county, incorporation into sixth judicial district, 1000 night sessions of the convention, 573 number of copies of the debates to be published, 56 number of courts, 252, 467, 470 number of members of b,)ard of education, 767, 768 number of senators and representatives, 541, 542 order of business, 221, 518, 884 power of governor to'call extra sessions of the general assembly, 583, 584, 585 preferred creditors of banks, 403 printing the journal and constitution, 983 printing the reports of the special committee on the right of suffrage, 657 prohibition of articles of manufacture and sale, 139, 209 prosecuting attorneys, 456, 476 prosecuting attorneys, 456, 476 publication of the debates, 56 punishment of frauds in banking, 393 repeal of incorporations, 161 report of the committee on future amendments to the constitution, 611, 1031 representatives and senators; number of, 541, 642 INDEX. 82 PAGE PAGE. SOLOMON, D. H. remarks uvon tio 1 573 indebtedness of cities and counties, 311 ,i 76, 778 indebtedness of the State; limitation of, 271 506 876 ries, 534 771 remarks of Mr. Clarke of Henry, Hall, Harris, Johnston, Parvin, Solomon, Traer, Special committee upon the bill of rights appointment of, 63 62 62, 63 62 63 63 63 223 - remarks of 225 224 225 224 226 226 224 225 223 224 Mr. Bunker, Clarke of Henr.y, Hall, Harrii;, Johnston, 3, Marvin, Parvin, Patter,gon, Todhunter, Wilson, Special committee to ascertain the delay the publication of the debates, on the distribution of the debates, 766, on the printing and distribution of the, in 815 journal, 83 PAGE PAGE | Specie payments; suspension by banks of, 97,403,427 t 429 Mr. Palmer, 403 785 - Traer, 403 785 Speech, freedom of; provision in re lation to, 99, 118,201 SPRINGER, FRANCIS, Special committee upon the right of suf appointed upon committee upon the subject of the removal of the convention from Iowa City, credentials of, mileage of, elected president of the convention, remarks upon taking the chair as president of the convention, remarks upon announcing the adjournment of the convention sine die, 1065 resolution of thanks to, 1022 Standing army; in time of peace to be no, 99, 226, 202 in time of war; appropriations to be for not more than two years, 99, 126, 202 Standing committees; appointment of, 16 19, 21, 22 Mr. Clarke of Henry, Edwards, Gillaspy, Hall, Harris, Special laws; provision in relation to the passage of, 47, 84, 531, 551, 575 time of taking effect of, 551 Special privileges and immunities; repeal, 104, 143, 407, 420 469 appointed as follows upon: amendments to the constitution, bill of rights, education and school lands, executive department, incorporations, judicial department, legislative department, militia, miscellaneous subjects, right of suffrage, schedule, state debts, 21 State; not to become stockholder in banking corporations, 96, 289, 648, 775 location of public lands by the, 648, 801 811 161 145, 409 105, 106, 107, 111 114, 153, 154, 155 160, 161, 407, 408, 409 158 Mr. Clark of Alamakee, 811 Clarke of,Johnson, 801 Hall, 801 Price, 801 State; residence of the governor and lieutenant governor in, 77, 580 residence of memb ers of the general assembly in, 83, 516, 557 Special sessions of the legislature; prov i sion in rela tion to, 77, 583 Specie to be the basis for state bank, 97, 378 709, 785 K 1INI)EA. PAGE p 14-(l B Special committee upon incorporations; appointment of, remar7c.3 of remarks of A,tr. Clarke of Henry, Parvin, Winchester, frage; appointment of, remark,t of 6 218 218 218 218 '.'I 8 218 218 6 1026 6 Palmer, Warren, reinarics of 165 106, 107, Ill 1 1 -, 114, 150, 401 104, 110, 111, 115 2, 154, 16.5, 168, 412 105, 108, 145, 158 1 160, 161, 408, 409 406 22 21 Air. Banker, Clark of Alamakee, 22 22 22 22 22 22 22 21 2 21 Clarke of Henry, Day, Edwards, Harris, Palmer, Parvin, Peters, Price, Scott, Skiff, Solomon, Traer, Wilson, 150 109, 114, 156, 162, 407 104, 105, 111, 411, 412 109 144, 145 151 104 164, 168, 407, 408 reniar7,-8 of Winchester, 84 INDEX. PAGE. PAGE wed the 34 tanding 10, 19, 21 State bank; resolution of enquiry in re- resolution of enquiry in lation to, 38i lation to, 38 i to city and county indebtedness re mutual liability of branches of, 97, 391 report of standing committee dn 49report of standing committee relation to city and county indebte 9,33419 provision in relation to, 96, 373, 419*f stand ing committe 649, 75, 859 report ef standing committee uo 649, 7t85, 859 article upon state debts, remarks of- third reading of article upon, Mr. Clarke of Henry, 38,3 yeas and nays upon the final nr. Clarke of Johnsonry, 387, 389 of the article upon, Clarke of Johnso)n, 373, 859 Edwards, 380 State historical society; commun Ells, 381, 3 82, 384, 389 from ~~~~~Gibson, 374~ State indebtedness beyond consti Gibowe,n, 374, 377 Gower, 37?, 374, 377, limitation to be void, Hall, 373, 374, 386, 389 remarks of remarks of — Harris, 375, 383, 389 Parvin, 37;, 385 Mr. Clarke of Johnson, Scott 390 Hall, Solomon, 390 Harris, Traer, 373 Marvin, Wilson, 384, 385, 785, 859 Palmer, Young, 382 Parvin, State boundaries, 99, 141, 648, 800 Solomon, 273, 281, 282 275, 282 274, 281 283 274, 281, 283 280 284 280 232, 283 remarks of Mr. Edwards, 141, 142 Gower, 141, 143 i Hall, 141, 142 Harris, 148 Palmer, 141, 142 Wilson, 141 State capitol; location of, 88,877, 922, 1017 271 266, 267, 268, 272 267, 272, 277 265 263, 270 261, 262, 268 261, 267 268 269, 270, 271 267 270, 272, 277 261, 264, 265, 272 268 271 265 271 272 262, 264, 265, 268, 270 261, 263, 264, 265, 266 265, 270 Mr. bunker, 934 Clark, of Alamakee, 928 Clarke of Henry, 924, 925 Clarke of Johnson, 926 Edwards, 877, 930 Gibson, 971, 840 Gillaspy, 877 1 Gower, 125, 922, Hall, 877, 931 Harris, 926 Palmer, 877,933 Skiff, 839 Traer, 1017 State census; provision in relation to tiking the, 30, 84, 540,1011, I I i i i I I 84 INDEX. PAGE. PAGE Traer, Wilson, State indebtedness; provision tion to the limitation of, in rela 260, 376 -l, i-emar7cs of Mr. Bunker, Clarke of Henry, Clarke of Johnso Edwards, Gibson, Gillaspy, Gower, I-lall, Harris, Jotinston, Palmer, ParViD, Patterson, Scott, Skiff, Solomon, Todhunter, Traer, Wilson, Winchester, remark,i of Mr. Bunker, Clark, of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, G"bson, Gillaspy, Gower, Hall, Harris, Palmer, Skiff, INDEX. 85 -~~~~~~~~AE PAGE Students; provision in relation to the voting of, 665, 869 Style of laws, 82, 510, 558 Style of process, 160, 260, 457, 477 Submission of laws to the people, 140 801, 811 with, e7, 588 State taxes resolution of enquiry in relation to the assessment and collection of, 48 the legislature to pass no special laws for the assessment and collection of; 84, 531 State university; location of, 40, 47, 648 770, 801, 811, 824 1 838, 877, 992, 1017 Mr. Clarke of Henry, GCower, Gray, Hall, E04 802 E02, 803, 804 804 Mr. Buinker, 934 Clark of Alamakee, 928 Clarke of Henry, 924, 925 Clarke of Johnson, 828~ 926 Edwclvards, 877, 930 Gibson, 771, 840 Gillaspy, 877 sGower, 770, 922, 925, H all, 877, 931 Harris, 926 Johnston, 801 Palmer, 8,7, 933 Skiff, 739 Solomon, 771 Todhunter, 816, 817, 822 Ti-aer, 1017 NV,incbester, 801, 839, 1017 Stockholders in banks; liabilities of, 95, 363 419, 785 Submission of laws to the people in relationI to banking, 97, 405, 420, 649, 773 Submission of laws to the people in regard to the changing of county seats and boundaries,5 Submission of laws to the people in regard to indebtedness on the part of the State, 53, 273, 279 Suffrage, right of; appointment of standing committee upon, 10, 19, 21 petitions concerning negroes a nd mulat',oes referred to standing committee upon, 115, 216 resolutions of enquiry referred to the standing committee upon. 45, 47 report from the standing committee ClreoJhsn 33 6 I upon, 36 upon, 36 third reading of the article upon, 1008 yeas and nays upon the final passage of the article upon, 1008 Suffrage, right of; appointment of a special committee upon, 370, 371, 786 364r 368, 380, 789 36 3, 364, 366, 789 786 788 372, 786, 787 785, 788 785 787, 788, 189 363,'370 Stocks as security for banks, amount of to be recorded, depreciation of, transtfer of to be recorded, Streets; resolution of enquiry in relHtion to the opening of, the legisature to pass no special laws for the opening of, INDEX. PAGE. PAGE State seal; to be used by the govern or, commissions and grants to be sealed remark,v of 802 804 801, 803 802, 804 renia7-7c,g of Harris, Marvin, -Skiff, Wilson, renark3 of Mr. Clark of Alamakee, Parvin, 773 173 556 remarks of Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Einerson, .Ilarvin, Palilier, Pa.rvin, Scott, Traer, Wilson, 218 remarks of 96, 344, 775 96, 344, 175 96, 344, 775 96, 344, -i75 Mr. Clarke of Henry, EdNvards, Gillasp,y, Hall, Harris, P,,i I m,.. r, Sk-iff, 218 218 218 218 218 218 218 218 48 81, 531 Warren, INDEX. PAGE. Suffrage, right of; printing the reports of the special committee upon, Gillaspy, Hall, Johnston, Traer, Young, Supreme court, judges of; classific(atiot 115, 259, 449, 472 new constitu 914, 995, 996 83, 527, 551, 574 116, 259, 449 115, 259, 409 115, 259, 446, 462 first election under the Mr. Btinker, Clarke of Henry, Clarke of Johnson, Edwards, Gillaspy, Harris, Johnston, Palmer, Wilson, impeachment of, jurisdiction of,; manner of electing, nutnmber of, Winchester, 654 Young, 655 Suffrage, right of; resolution reported from the special committee upon, in relation to striking the word "white" from the constitution, 649, 664, 888, 915 Mr Bunker, 464 Clark of Alamakee. 463 Clarke of Henry, 448,463, 466 Clarke of Johnson, 447, 448, 462, 465 Gillaspy, 462 Hall, 446, 447, 463, 466 Hlarris, 463 Palmer, 447, 448 Traer, 462 Wilson, 449, 451 Supreme court; reporter of, 116, 266 Supreme court, judges of; salary of, 84, 116 259, 478, 504, 550 555, 578 MIr. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gibson, Gillaspy, Gower, Hall, Mr. Clark of Alamakee, Clarke of Henry, Harris, Marvin, 672 Parvin, 69c Peters, 68C Scott, Winchester, Summoning of grand and petit jurors; resolution of enquiry in relation to, Superintendent of public instruction; impeachment of, 83 term of office of, 77, 588 abolition of office of, 585, 596 Supervisors, township; resolution of enquiry in relation to appointment and election of, 48 Suppression of debate upon the subject of the removal of the convention from Iowa City, 35 480, 489 480, 485,489, 491 493, 505, 507 479, 481, 485, 487 489, 491, 495, 506 488, 504 488 487 486 481 480, 482, 493, 596 481, 504, 505, 506 480, 481, 483, 484 486, 4917 505, 506 507 479, 483, 484 482, 483 505 485, 487 506 479, 483 479, 484, 490, 491 493, 506 481 Mr. Clark of Alamakee, Clarke of J,ohnson, I I I I I 86 PAGE 35 .1 5 1.5 35 3.15 654 re7na-2-k,? o 655 655 654 656 654 655 656 657 655 of, tion of, reiii-arli-8 of remarks of 7 909 09 , 676 ) 680 888 7 691 , 905 694 915 '680 687 905 , 676 ) 912 1 915 i 641 915 remar7es of Clarke of Johnson, Day, Edwards,. Ells, Emerson, Gibson, Gillaspy, Gray, Hall, 48 Harris, Mar-vin, Patterson, Peters, Solomon, Traer, Wilson, remarks of 35 .15 Wineb(.ster, o INDEX. . PAGE Supreme court, judges of; term of office of, 115, 259, 449, 471 trial of judges of, 116, 260, 457 Supreme court reports; supplying members of the convention with, 88 Taking effect of the laws, 84, 529, 551 Taxation; resolution in relation to the appointment of a standing committee upon, 10 Taxation of corporations, 38, 96, 289, 415 Taxes; resolution of enquiry in relation to the assessment and collection of, 48 legislature to pass no special laws for the assessment and collection of, 84, 531 Taxes for schools and school-houses, 841 Teesdale, John; employed to print one hundred copies of the old constitution for Palmer, Scott, Solomon, Todhunter, Traer, 91, Winchest er, Young, Supreme Court reports by Judge Greene purchase of, ing of the convention, rate of compensation for printing, Temporary courts for the trial ofjud and state officers, Temporary vacancies is the office judge of the district co(urt, Term ol office of attorney general, auditor of state, judges of the district court, 1052, 1053 1051; 1052, 1053 1052 1053 1052, 1053, 1054 1053 1053, 1054 of habeas cor 99, 125, 202 payments by 97, 403, 427 e established by 78, 770, 816, 825, 953 Mr. Clarke of Alamakee, 474 Clarke of Johnson, 472, 473 Gillaspy, 472, 473 Term of office of judges of the supreme court, 115, 259, 446, 462, 471 of governor and lieutenant governor, 39, 76 579, 586, 590, 591 remarks of rCreo n, 828, 829 , 826, 827, 833 834 818, 830, 832, 968, 971 770, 816, 823 824, 825, 826 Solomon, 590 Wilson, 586 Term of office of members of the house of representatives, 83, 514, 550 of members of the board of education, 78 768, 816, 937 I I l PAGE. Scott, Skiff, Wilson, 830, 831 828, 830 ,953, 965, 969 T remarks of : Mr. Clarke of Alamakee, Clarke of Henrv, Clarke of Johnson, Edwards. 1, 93 9, 93 9, 90 9, 93 88 88 2, 93 9, 92 94 8, 89 90 92 89 2, 93 90 90 Emerson, Gower, Hall. Harris, Johnston, 88, 89, 10, 51 remarks of 459 77. 5s8 77) 588 115, 259 455, 472 remarks of pus, Suspeiasion of specie banks, remarks of Mr. Clarke of Henry C',arke of Jobnson Edwards, Ells, Gibson, Gillaspy, Mr. Clarke of Henry, Gillaspy, Hall, Palmer, Skiff, 586 590 580 580 586 590 586 827, 829, 832,, 833 816, 830 827, 830, 831, 835 825,127,837 835. Gower, Hall, Marvin, Parvin INDEX. 4 PAGE 200 735 176 of secretary of state, 77, 588 of senators. 83, 516 P of superintendent of public inistruction, 77, 588 of treasurer of state, 77, 588 Term of residence of the governor and lieutenant governtor, 77, 580 of the members tf the general assembly, 83, 516, 557, 567, 1015 Parvin, 176 Peters, 198, 199 Scott,,735 Skiff, 172 Wilson, 180, 185, 186, 194 Thanks; resolutions of to office ofof the convention, 1034 to the president of the convelntion, 1022 to the reporters, 1034 to the secretary, 1028 Third reading of. articles upon amendments to the constitution, 1030 bill of rights, 1006 education and school lands, 1028 executive department, 1017 incorl,orations, 1012 judicial department, 1019 legislative departnlent, 1008 location of capitol and university, 1017 militia, 1020 miscellaneous subjects, 1033 right of suffrage, 1008 schedule, 1034 state debts, 1021 Thompson, Francis; appointed doorkeeperpro tem. 5 elected door-keeper, 7 rate of per diem of, 759 amount of per diem of, 1050 Time of daily meeting of the convention, 64 118 Time of holding elections, 30, 39, 82, 514 Time of meeting of the general assem 860, 862 863, 868, 870 860, 861 862, 864, 870 867 860 860, 864, 867 8~7 867 863 865 861 99, 1X2 179, 651, 734 bly, 82, 510 Time of holding schools in each district, 78 770, 816 Time of taking effect of laws, 84, 529, 551 Tithes; provision in relation to the payment of, 99, 118 Titles of acts to contain the subject of Alr. Bunker, Clarke of Alamakee, Clarke of Henry, TODHUNTER, LEWIS. appointed upon the committee to conduct the president of the convention to 17 his c:iair, i195 appointed upon the stand'lig commit 172, 174, 175, 184 tee upon the executive department, 185, 186, 188, 195 appointed upon the standing commit 172,174,176 tee upon the schedule, 178, 189, 190, 755 appoint(d upon the committee to ex174, 180, 184, 18{, 18 o amine rooms for the convention, 88 PAGI,. Johnston, P-,tlnier, remarks of .,Nlr. Cl,,trk of Al.-tm,,ikee, Clarke of Ilenry, Cl.-trke of Johnson, Etiwards, Gillaspy, Gower, Gr.-ty, Parvin, r)69, 573 568 568, 1015 571 557, 569, 571 568 567 .5 7 1 67, 570, 5l, 5-i 2 55 i-, 558, 572 36, 860, 870 Solomon, Traer, Terin of residence of voters, remarks of Mr, Clark of Alamakee, Clarke of Henrv, Clarke of Johnson, Gibsoii, Gillaspy, Harris, iNl,.trvin, Palmer, Price, Scott, Solomon, Testimony; character of, remarks of 199 199 172, 174, 179, 184 185, 198, 200, 734 1'4-8, 196, 134, 735 187, 188, 190 the act, 8.'., 5 3 0 Clarke of Johnso Edwards, Ells, Gibson, Gillaspy, 6 21 Hal,l, 22 Harris, 22 INDEX. PAGE. PAGE~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ denizens; persons not citizens, other than foreigners, I 36 disposition of the school fund, 849 distribution of the debates, 761, 763, 853 appointe chim ft917, 919, 921, 1005 drawing seats in the senate chamber, 82 furnishing members with additional newspapers, 75 furnishing members with the reports of the supreme court, 89 cgiving each editor in the state a copy of the debates, 1027 Greene's Reports of the supreme court, 1052, 1053 holding night sessions of the convention, 813 indebtedness of the State; limitation appointed upon the committee to number the seats in the senate chamber, appointed upon the special committee upon the distribution of the debates, appointed chairman of the committee of the whole upon the report of the standing committee upon miscellaneous subjects, appointe d upon the standing committee upon educition and school lands, credentials of, made a report from the standing committee upon the executive department, made a report from the special committee upon the distribution of the debates, mileage of, 1026 nominated James Hawkins messenger pro tem., 5 nominated Francis Thompson permanent door-keeper, 7 offered, resolution in relation to the oath to be taken by members of the convention, 8 offered a resolution in relation to the appointment of a committee upon rules of the convention, 10 offered a resolution to furnish the re- porter with documents and stationery, 20 offered a resolution in relation to the postage of the convention, 22 offered a resolution calling upon the secretary of state for an abstract of each county in the state, 34 offered a resolution of enquiry in relation to the executive department, 35 offereda resolution in relation to smoking in the hall of the convention, 115 offered a resolution to rescind the time fixed for adjournment sine die, 901 presented a petition in relation to the size of counties, 216 tion, 769 limitation of state indebtedness, 272 location of the state university, 816 837, 822 manner of conducting criminal prosecutions, 121, 121 night sessions of the convention, 813 number and length of the sessions of the board of education, 769 order of business, 884 personal and general explanations, 1065 postage of the convention, 1049 private property taken for roads, 127 publication of the debates, 59 purchasing Greene's reports of the supreme court, 1052, 1053 recommitting the report of the judiciary committee to that committee, 257 recommitting the report of the committee on education and school lands to that committee, 853, 856 removal of the convention from Iowa City5 12 rescinding resolution fixing time for adjournment sine die, 1012, 1013 resolution of enquiry, 46 schedule; report upon, 1037 school fund; disposition of, 849 school in each school district, 816, 817, 822 sessions of the board of education, 7*69 special committee upon the bill of appointment of special committee upon the bill of rights, 223 board of education; leng-th and number of sessions of, 769 compensation of the chaplain, 760, 761 compensation of the secretary of state for distributing Greente's Reports, 1048, 1049 criminal prosecutions; manner of con 121, 123 rights, 89 PAO E PAGE. of, 272 jury trial, Lee county; division of, length of sessions of board of educa 119 1036 remar7,-,s upon 223 ductin, =0I~iX ^~~~~~~~~AE PAGE moved to limit the number of copies of debates to " one thousand five hundred," state indebtedness; limitation of, 272 term of school in each school district, 816 817, 822 mo ved an amendment to resolution concerning the time of the daily meeting of the convention, moved the indefinite postponement of the resolution concerning offering resolu trial by jury, 119 university; location of, 739, 841 towns; legislature to pass no special laws for the incorporation of, 84, 531 township busine ss; resolution of enquiry in relation to, 48 tions of enquiry, nominated E. N. Bates for assistant secretary pro tem, offered a resolution in relation to the n umber and characte r of the s tanding committees of the convention, offered a res olution of enquiry in relation to the article upon amendments to the constitution, offered a resolution in relation to amend m ent of th e rules, offered a resolution for the appointment of a special committee upon the basis of representation, offered a resolution calling upon the Secretary of State for information in relation to the amount of indebtedness of the counties of this State, township officers; resolution of enquiry in relation to, 48 township plats; legislature to pass no special laws in relation to, 48, 84, 531 township taxes; resolution of enquiry in relation to, 48 township trustees; resolution of e nquiry in relation to, 48 appointed upon the committee to report the number and character of the standing committees of the convention, appointed upon the standing committee upon the distribution of powers, and the legislative department, appointed upon the standing committee upon miscellaneous subjects, appointed upon the special committee upon the basis of representation, appointed upon the committee to superintend the reporting and publishing of the debates, appointed chairman of the committee of the whole upon the report of the committee on incorporations, credential s of, gave notice of an amendment of the rules, tion, 937 age of persons to serve in the militia, 641 amendment of the rules, 49 appointmentofspecial committee upon the basis of representation, 63 apportionment of members of the general assembly, - 540, 1014, 1015 basis of representation, 543, 554, 578 biennial sessions of the general assemsembly, 590 capitol and university; location otf, 1017 city and county indebtedness, 516, 517, 520, 222, 523 common schools to be free of charge, 9,70 971 compensation of lieutenant governor, 597 598 leave of abse nce granted to, made a report from the special committee on basis of representation, mileage of, moved to lay upon the table the sub8titute for the resolution in relation to the oath of members of the convention, moved a reconsideration of the vote adopting the report of the committee upon reporting, moved to strike out "three thousand," as the number of copies of debates to be published, continuing in office present legislative and State officers, C46 contracts for State indebtedness in certain cases to be void, 280 courts; number of, 444 90 INDEX. PAGE. PAGE TODflU.NTER, LEWIS, remarks upon 54 64 86 5 19 33 48 TRAER, J. C. 62 94 rentark8 upon adjournment'8ine die on the fourth of Alarch, 502 age of members of the board of educa 37 276 275 1026 9 40 53 IND1)EX. PAGE~~~~~~~~~~.AG. denizens; persons other than foreigners, not citizens, 132, 136 disposition of the school fund, 847, 1001 1003 distribution of the debates, 763, 852, 853 918, 920, 1001 division of Lee county, enrolling the constitution, expenses of board of education, furnishing members with twenty-five daily newspapers, filrnishing members with slips of de bates, furnishing members with additional newspapers, a75 furnishing members with reports of the supreme court, 91, 92, 93 general assembly; apportionment of, 540 1014, 1015 general assembly; residence of members O'f, 557, 568, 572 Greene's reports of the supreme court; purchase of, 1053, 1054 indebtedness of cities and counties, 421 775, 776, 777 indebtedness of the State; limitation of, 262, 264, 265, 268 270 for adjournment sine die, 1013 l judges of the supreme court; number 462 judges; salaries of, 479, 483 Lee county; provision for division of, 1000 liability of stockholders in banks, 787, 788 789 lieutenant governor; salary of, 597, 598 limitation of debate, 505 limitation of State indebtedness, 262, 264 265, 268, 270 location of county seats and bounda 533, 534, 537 location of State capitol and univer lmai- ot i b516 517, 520, 522, 523 special committee upon tile basis of' cesentation, 63 state bank and branches, 373 state indebtedness; limitation of, 262,264 265, 268, 270 making common schools free of charge, manner of conducting the business of the convention, militia; age of persons to serve in, number of courts, number of judges of the supreme liab ject Iowa, ban] number an classifiation of enators,,16 emo coli ahsho itit 1 5SI 5052,5403 term of school in each school district, 819 university and capitol; location of, 1017 L 'kI 91 PAGE PAGE number of representatives,in(i sena 25 18, 71 nes of, 94 0 f, ries, sity, court, number and classification of senators, 517, 520, 522, 523 0 INDEX. PAGE.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~..A..G. Transfer of stock in banks; provision in relation to, 96, 344 Treason; privileges from arrest except for, 83, 869 Treason, crime of; not pardonable by the governor, 77, 586 what constitutes, 99, 126, 202 conviction only on the testimony of .two witnesses to the same overt act, 99, 126 202 Treasurer; term of office of, 77, 588 impeachment of, 83, 527, 551, 555 salary of, 84, 550, 578 first election of, under the new constitution, 914, 996 Trial by jury, 64, 99, 119, 201 Uniform operation of general laws, 84, 99 118, 200, 531, 551 X,5 United States; jurisdiction of, oven te rritory in the State of Iowa, 138, 2(.9 Mr. Emerson, tllIll, Harris, Peters, Solomon, Wilson, Winchester, United States; persons in marine or military service of, to vote, stocks to be received as banking, United States senators; rest quiry in relation to the electio Scott, Todhunter, Trial of judges and state officers) IMr. Hall, 645 Palmer, 645 Parvin, 645 University fund; provision in relation to, 78, 771, 824, 967 losses by fraud and mismanagement of state officers to be guaranteed to, 272, 277 120, 122, 123, 730 119, 120, 123, 736 737 201 122 120, 122 201 122 121, 123 121, 124, 738, 740 appointed sergeant Mr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gower, Hall, * Johnston, Skiff, Younrg, University lands; provision University lands; provision in relation to, 78, 79, 867 University of the state; duty of the board of education in relation to, 78, 770, 824 location of, 40, 47, 648, 770 811, 824, 838, 877 881,922, 1017 elected sergeant-at-arms, resolution in relation to employing to distribute the debates, rate ofper diem of, amount of per diem of, Trustees; resolution of enquiry in relation to the appointment or election of township, resolution of enquiry in relation to the sale of real estate by, 92 PAGE. PAGE ii rem arks' o.f ' —) 10, 211 210, 212 210, 212 209. 21 3 210. 211 209, 210, ll, 21.2 212 remarks of Mr. Clark of Alamakee, Clarke ofJohiison3 1-1 a I 1, 119 36, 869 119 119 119 119 116, 260 344 644 rema?-ks of 457 rial of criminals; manner of prosecut 64, 99, 119, 201, 73 in,, 7-e?na.rks of Alr. Clark of Alamakee, Clarke of Henry, 120,122,737 121, 123, 124, 201 736 Ilall, Harris, reinark.? of 278 279 2' I, 278 277 273, 278 279 277, 218 279 Johnston, Palmer, Parvin, Skiff, Solomon, Todhunter, Wilson, Trowbridge, S. C.; at-arms,vro tem. 5 . 7 92 759 1050 remarks of Mr. Bunker, 934 -928 924, 925 838, 926 48 Clark of Alamakee, Clarke of Henry, Clarke of Johnson, 48 .; - t z iDE. 9 term of residence of, Edwards, Gibson, Gillaspy, Gower, Hall, remarks of iMr. Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Johnston, Palmer, Skiff, Solomon, Todhunter, Traer, Winchester, 801, 839, a Unma,.rried"; striking the word from the question in relation to scholars in common schools, Price, Scott, Solomon, Voting; resolution of enquiry in relation to places of, Use of private property; compensation for, 97, 126, 202, 412, 420 remarks of AMr. Clark of Alamakee, 126, 127, 128 Clarke of Henry, 203, 205, 206, 207 Emerson, 206 Gillaspy, 127, 205 Gower, 205, 206 THu~11 e, 128WAE, 12 8 06 f L~;'ris, 126, 128, 202, 204 Peters, 2204 Scot t, 204 Todhu ller, 127 T s',ex, 128, 20.1 state to ha,vepower to contrict debts to defend the state in t,nme of, 52. 273. 279 Watrranrts, judicial; to be issunel o,aly ill probable cu-, 99, 118 WAR EN,', M. H. appointed upon the standing committee upon state debts, appointed upon s an'ing corarnitt e upon amendments to the constitution, appointed upon a corn i,i tee to procure the printing of two th )s ltd copies of the consti ution, 1025 credenti: s of 6 made report from the standing coinmittee upon future amendments to the constitution, 36 made a report from the committee on amendments t, the constitution, 1032 mileage of, 1026 moved to reconsider the vote ordering the printing of th, report from the standing comm ttee on amendments to the constitution, 37 nominated J. II. Merritt, fireman pro Vacancies; in office of governor, 77, 587 in general assembly. 83, 524 in d strict courts, 459 in state offices, 77, 58 i elections to fill, 648, 800, 811 Vacating roads, town plats, &c.; resolution of enquiry in relation to, 48 Venue; resolution of enquiry in relation to change of, 48 Veto power of the governor; provision in relation to, 77, 83, 525, 589, 596 Vitva voce; elections by general assembly to be, 84, 549 Vote upon the new constitution; manner of taking, 915, 998 Voters; qualification of, 36, 47, 813, 860 registering of, 868, 869 6 INDEX. 93 PAGE. PAGE 7, 930 ,840 87 7 2, 925 .1 931 926 801 ,9 83 839 771 ,822 1017 1017 06, 860, 870 0, 862 8, 810 1, 862 4, 810 80 7 860 , 867 867 867 863 . 865 861 Hirris, Gibson, Gillaspy, Harris, il,larvin, Palmer, 842 48 w Walling, A. T., admitte(i to the fl)or the convention as I ii( i-, porter for the K okuk Times, War; appropriations for army in:' 0 f, 19 9 9, 1 2!i IVarren, Wi son, Wiiacliester, 22 23 v tem, 5 offered a resolution to -idmit the re. porter of the Maq!-iotett Excel,,ior to the floor of the convention, 23 . I NI)i'X. PAGE Marvin, Parvin, Peters, Scott, l Winchester, white children only to be allowv-e(d attend the common schools, WILSON, JAMNES F. appointed upon the cornmmittee u credentials, appointed upon the committee to port the number and character of standing committes of the convention, appointed upon the standing comr tee upon the judicial department, appointed upon the standing com tee upon st:te debts, appoin ted upon the specia l commi upol the basis of representati on, appointed upon the special commi upon the bill of rights. appointed upon the special commi upon incorporations, appointed upon the standing comtee on the schedule, credentials of, dissented from the majority repo the judiciary committee, made a report fromn the committee state debts, in relation to city and cot indebtedness, made a report from the standing c mittee on state debts, in relation to article upon state debts, offered a resolution to refer subjects to committees without debate, allowing railroad employees to vote, appoint ment of the special committee on the right of suffrage, city and county indebtedness, conduct of the first messeng,,er, distribution of the constitution in Ger distribution of the debates, 1005 drawing seats in the senate chamber 82 filling vacancy il the office of governor, 587 first messenger; conduct of, 276 general assembly; residence of members of; 557 indebtedness of cities and counties, 51 judges; salaries of; 485 mnileage of members of the convention, 987 offering resolutions of enquiry, 87 private property taken for public uses, 207 publication of the debates, 27, 28 salary of judges, 485 special committee on the right of suf 628 6 made a report from the special committee on incorporations, 648 made a report'from the standing committee on the schedule, 914 mileage of, 1026 moved an amendment to the resolution in relation to the rules of the convention, 10 moved to furnish members with two slips of the debates, 68 ,moved an amendment to the preamble, 103 moved an amendment to the bill of rights in relation to the jurisdiction of the United States over territory in Iowa, 138 moved an amendment to the bill of rights in relation to slavery in this state, 209 moved to refer the report of the com6 mittee on incorporations to a special comll ittoe, 429 white; submitting to the people the question of striking from the constitution and the article on the right of suffrage the word, 649, 664, 888, 915 94 PAGE. 672, 676 6;99, 91'.) 680, 915 664, 665 915 -"'ARREN, W. H. ,i-emai-Ics itgon 828 5 man, 20 22 22 14 2') 6 41.0 fr,.i g c, white; strikin,, from the the militia, the word, article on 117 remarks of 50 Mr. Clarke of Henrv, Gillaspy, Scott,. IVinchester, 641, 642 642 641 52 642 remarks of ,Alr. Punker, Clark, of Alam,,ikee, Clarke of Henry, Cl.,trke of Johnson, 908, 909 709 667, 676 665, 666, 67.5 580, 888 680, 691 672, 675, 691, 905 694 680 687 t)O Edwards, Ells, Gibson, Gower, I-T,,i I 1, 0 INDEX. PAGE G city and county indebtedness, 309, 327 328, 416, 422 common school system, 95)3, 965, 969 common schools to be free of charge, 969 compensation of board of education, 953 963 5 competency of witnesses and religious 7 tests, 180, 185, 18(6, 194 contracts for state indebtedness in certain cases to be void, 282, 283 10 courts; number of 236, 250, 255 480, 434, 440, 441 criminal prosecutions maniner of coni- 23 ducting, 121, 124, 738, 740 delay in the publication of the de 496 nizens; persons not citizens other areigners, 135, 136 sposition of the school fund, 993 stribution of t he debates, 761, 763 stribution of the constitution in n, 984 stricting the state for judicial pur 875, 876 oawing seats in the senate chamber, 81 ection of judges of the supreme 449, 451 ection of judges and state officers, 805 rolling the constitution, 1012 eclusive jurisdiction of the United over territory in Iowa, 209, 210, 211, 212 epenses of the board of education, 952 st electi on of suprem e judges under w constitution, 995 ast elect ion of county officers and t judges under the new constitution, 996 rnishing member with newspaper s, 23 rnishing members wit h slips of the ~S, t neral assembly; per diem and mile 528, 529 ~neral banking, 355, 358, 175, 789 neral banking laws; repeal of, 404 405, 406 neral banking; security for, 775, 789 ving each editor in the state a copy debates, 1026 tiding night sessions of the conven 573, 813, 814 npairing the right of property, 208 lpeachment of state officers, 574 debtedness of cities and counties, 30 9 327, 328 416, 422 moved a n amend ment to r e solution in relation to striking the word " white" from the constitution, so that the question sh ould b e decided by the number of votes cast for and against the constitution, nominated Francis Thompson doorkeeper pio tem., nomi;nated J. H. Merritt for fireman, offered a resolution in rekeion on to the appointment of the standing committees of the convention, offered a resolution to print a list of t he m em bers and officers of the convention, with thei r ag e occupation, &c., offered a resolution of enquiry in relation to the article upon the legislative department, offered a resolution of enquiry in relation to the article upon amendments to the constitution, offered a resolution in relation to the summoning of members bv the sergeantat-arms, offered a resolution for the employment of an enrolling clerk, offered a resolution in relation to the distribution of the debates, presented a petition in'relation to the election of the general assembly, 34 adjournment over till May, 498, 499 amendment of the rules, 49 appointment of the standing committees of the convention, 19 appointment of the special committee upon the bill of rights, 224 apportionment by the first general assembly under the new constitution, 998 apportionment cf representation, 1015 apportionment of senators, 1011, 1012 approval of bills by the governor, 1012 banking laws; repeal of, 404, 405, 406 banking under general laws, 355, 3,58 775, 189 bank stock held by municipal corpor I I 9 5 PAGE. 912 23 'i-41 poses, 742 761 1419 remar7cs upon ations, 290 biennial sessions of the gen sembly,, board of education, 563 722, 723, 724 748, 935, 941 boundaries of tl)e state, 142 PAGE. PAGE WILSON,\ JAMIES F. per diemi and mileage of members of the general assembly, 528, 529 rem7ar~ks.2yon. - personal and general explanations, 1060 indebtedness of the state; limitation 1063 of, 261, 263,264, 265, 266 place of meeting of the convention, 23 instructing committees to report by a place and time of meeting of the board certain time, 627 of education, 965 issuing of paper money by other than preferred creditors of banks, 396, 399, 400 banks, 404 printing the reports of the special judges of supreme court; election of, 449 committee on the bill of rights, 655 451 printing the reports of the special judges of supreme court; number of, 448 committee on the right of suffrage, 657 462 judges; salaries of, 479, 484, 490 printing the journal and constitution, 973 judges; salaries of, 47'3, 484, 490 194 7,97 7 974, 775, 977, 978 Jm491, 493, 506 private property taken for public uses, 203 judicial districts; number of 634 205, 207 judicial districts; plan of dividing the state into, 875 &76 publication of laws in newspapers, 529, 530 the state into, ~~875,876 punishment of frauds in banking, 393 jurisdiction of the United States over recommitting the report of the corn_ territory in Iowa, 209, 210, 211, 212 mllittee on education and school lands to Lee county; division of, 999,1000 that committee, 8,4 liability of stockholders in banks, 363, 370 religious tests and competency ofwit f X ~~religious tests and competency of wit lieutenant governor; office of, 59.3 595 n nesses, 180, 185, 186, 194 limitation of debate, 361, 362, 500 limitao of d e removal of the convention from Iowa limitation of state indebtedness, 261, 263 Cit, 17,18 City, 1,1 264, 265, 266 re-orgtniz-tion ofjudi,,ial districts, 507, 636 makingcommon sc(hools free of charge, 969 rpeal of tpatis, 105, 106, 107, 11 inainer of conducting the business of 114, 153, 154, 155 the convention, 38 160, 161, 407, 408, 409 manner of conducting criminal prose- epeal of laws in regaicd to banking, 404 cutions, 121, 124, 738, 740 405, 406 mileage and per diem of members of repeal of tax laws, 280 the general assembly, "528, 529 report of committee on state debts on mileage of members of the conven r t mileage of members of the conven- city and county indebtedness, 50, 51 tion, 986 tio., 9 8 6............. - report of t!ke coin. ittee on atmenid municipal corporations holding bank ~~~~~~stock,~~ ~ 2 ments to the colnstitultion. 610, 616, 619, 620 stock, 290' ~~~~~~~~~~~~~~~621, 622, 6~23 02i5 natural rights of man, 72 62, 0, 32 626, 622-, 103C25 night sessions of the convention, 5731 1032 813, 814 report of special committee on iricor 813, 814 number of courts, 236, 250, 255 poratins, 781 430, 434, 440, 441 representatives and senators; number number of judges of the supreme of, 541,576 court, 449, 451 rescinding the resolut:on fixing time number of judicial districts, 634 for adjournment sine die, 1031 number of representatives and sena- resolution of enquiry in relation to tors, 541, 576 banking, 39 oath to be taken by members of the resolution of enquiry in relation to the convention, 9 judicial department, 60 offering resolutions of enquiry, 87 rules of the convention, 10 order of business, 216, 221, 222, 718, 879 salaries of judges, 479, 484, 490 paper money issued by other than 491, 493, 506 banks, 404 salaries of state officers, 550, 555, 578 96 INDEX. PAGE. INDEX. PAGE. schedule; report upon the, 1036, 1037, 1038 1039, 1041, 1042 1043, 10-14, 1045, 1046 school fund; disposition of, 993 schools to be free of charge, 969 security for general lIankin,, Eta, 789 offered a resoluioni in relation to the time of daily meeting of the convention, 64 offebred a resolution for adjournment sine die on the tweuty-third of February, 478 schools to be free of cha,,rge, 969 ofrdarslto ntutn on security for general banking, 775, 789 senators and representatives; number of, 541, 576 special committee on the bill of rights, 224 state bank and branches, 384, 385, 785, 859 state boundaries, 142 state indebtedness; limitation of, 261. 263 264, 26.5, 266 stockholders in banks; liabilities of, 363 370 submission of laws to the people, 804 supreme judges; election of, 449, 451 supreme judges; number of, 448, 462 system of common schools, 953, 965, 969 taxing corporations, 779 tax lawss; repeal of, 280 temporary court for the trial ofjujges and state officers, 458 term of office of the governor and lieutenant governor, 586 time and place of meeting of the board of education, 965 Unie ted States; exclusive jurisdiction over territory in Iowa, 209, 210, 211, 212 presented a petition in relation to a prohibitory liquor law, remarks Zpon appointment of a special committee on the article upon incorporations apportionment of the f irst general assembly under the new constitution, biennial sessions of the general as scmbly, 562 courts; number of; 445 distribution of the debates, 761, 763, 766 850, 851, 852 election of members of the general assembly, 514 exclusive jurisdiction of the United States over territory in Iowa, 212 furnishing members with slips of the debates, 29 furnishing members with reports of the supreme court, 90 general assembly; time of election of, 514 indebtedness of the state; limitation of, 265, 270 judges; salaries of,'481 judicial districts; number of, 633 vote of the people upon the question of calling a convention to revise the constitution, 1031, 1032 appointed upon the standing committee upon the preamble and bill of rights, appointed upon the special committee upon the basis of representation, judicial districts; number of, 633 jurisdiction of the United States over territory in Iowa.. 212 limitation of debate, 501 limitation of state indebtedness, 265, 270 location of state university, 801, 839, 1017 number of courts, 445 number of judicial districts, 633 political par'ies upon the question of slavery, 9 printing the journal and constitution, printing the report of the special committee on the bill of rights, private pi operty taken for public uses, prohibitory liquor law, recommitting report of the committee on education and school lanis to that committee, repeal of corporations, seng er, offered a resolution concerning the appointment of officers of the convention, offered a resolution in relation to the publication of the debates, 97 PAGE covered a resolution instructing committees to report by a certain timc, oti-ered a i-esoltitioi) in ielttion to forwirding rnail matter to members of the convention after acljournmerit, 626 101-2 647 18.5 998 WINCHESTER,S.G. 21 74 appointed npon the special committee upon the distribution of debates, 11180 appointed chairman of the committee of the whole upon the report of the committe e upon the right of suffrage, asked leave of absence from the con 860 venti,)n, credentials of, mileage of, nominated James Hawkins first mes 1034 6 1026 654 203 812 7 6 855 158 22 INDEX. PAGE PAG report of the committee on future amendments to the constitution, 603, salaries of judges, sla ver y; political parties upon the quest ion of, special committee on incorporations, state indebtednees; limitation of, 265, striking the word "white" from the article on the right of suffrage, supp ressio n o f the debate up on the subject of the removal of the convention f rom Iowa City, United States; jurisdiction over territory in Iowa, university; location of, 801, 839,: " white;" striking from the article on militia of the word, "white;" striking from the article on the right of suffrage of the word, Witnesses; a accused in criminal cases to have compulsory process for, 64, 99, 119, qualifications of, 99, 142, 179, ublic instruction, 596 adjournment, 504, 508, 627, 687 780 adjourning over till May, 497 adjourning over till Monday, 315, 500, 507 646, 647 adjourning sine die on the third of adopting the report of the special commit tee on incorporations, age of members of the board of educa age of governor and lieutenant gover 597 567 age of senators, amendment of Mr. Hall to include niegroes, Indians, knaves and fools, in proposition of Mr. Clarke of Henry in relation to the rights of persons to use the testimony of all persons, amendment of Mr. Wilson, requiring the decision of the question concerning striking the word "white" from the article on the right of suffrage to be according to the number of votes given for and against the new constitution, adpointment of special committee on the bill of rights, appointment of special committee to ascertain the cause of delay in the publication of the debates, appointment of special committee on incorporations, " 430 appointment of the special committee on the right of suffrage, 219 article on the right of suffrage; confining resolution to striking out the word "wite" to the, 912 188 Johnston, 200 Palmer, 135 Parvin, 176 Peters, 198, 199 Scott, 735 Skiff, 172 Wilson, 180, 185, 186, 194 Writs of election to be issued by the governor to fill vacancies in the general assembly, 83, 524 Writs of habeas cerpus to be suspended only when in case of invasion or rebellion the public salety may require it, 99, 125, 202 Yeas and nays; to be taken when re attorney general; election of, 478 basis of general banking, 775 basis of representation, 554, 555 biennial sessions of the general assem 21 to legislative restrictions, 98 PAGE. PAGE of p ourn-ing -siiie die on the fotirth of 49 i' 35 March, 504 779 tion, 938 915 176 re?itarl,-s of Mr. Bunker, Cl,,trke of Alamakee, Clarke of Henry, 199 1191 130, 131, 132, 134 136, 137 178, 196, 634, 7.'35 187, 188, 190 175 195 172, 174, 176, 184 185, 186, 188, 195 172, 174, 176, 178 189, 190, 735 174, 180, 184, 186 Clarke of John,,ion, Edwards, Ells, Gibson, Gillaspy, 913 225 Hall, 496 Harris, 567 bly, calling a convention to be decided by a majority of votes upon that question, 1032 city and county indebtedness, to be incurred by a vote of the citizens, subject 421 quested by two members, PA iAG city and couint5 indebtedness to be limited to ten per cent upon the value of the taxable property, city and county indebtedness to be limited to nine per cent upon the value of tile tiaxable property, city and county indebtedness to be limited to eight per cent upon the value,f the taxable piroperty, city and ('o0nty indebtedness to be litmited to six per cent upon the value of the taxable property, city and county indebtedness to be limited to five per cent upon the value of the taxable property, 422,1 city and counLIC indebtedness to be limitrd to two hundred thousand dollars, city and county indebtedness not to be allowed, common schoool system, common schools to be exclusively for white children, compensation of members of the board of education, compensation for private property taken ror public uses, 205, competency of witnesses and religious tests. 189, contracts for state indebtedness beyond the codstitutional limitation to be void2, nal passa.ige ofthe article upon the ive department, nal passage of the article upon inations, 1024 ral passage of the article upon the dl department, 1020 ecl passage of the article upon the tive department, 1017 ,tlpassage of the article upon the n of the capitol and university, 1017 al passage of the article upon misous subjects, 1034 rial passage of the article upon the )f sufirage, 1008 ral passage of the article upon the lle, 10.0 nal passage of the article upon state court of common pleas; establish ment of, 641t criminalprosecutions; mannerofcon- ducting, 741 disposition of the school fund, 1003 editors of papers in this state to be urnished with a copy of thie debates, 102 f election of attorney general, 478 election of senators, A 550 establishment sf the office of lieutenant governor, 595 excepting the spebial committees on the bill of rights aid the right of suffrage, fromn the operation of the resolution instructilg all committees to report by the Moinday following, 627 expenses of the board of education, 967 final passage of the article upon amendments to the constitution, 1033 final passage ot the article upon the bill of righ ts, 1008 furnislhing members with additional newspapers, 76 furnishing members with the reports of the supreme court, 94 giving each editor in the state a copy of the debates, 102 7 going into committee of the whole upon the report of the co mmittee on education anld school lands, 6.t8, -23 going into committee of the whole upon the report of the special committee upon the ri7ht of suffrage, 882, 883 governor to be a member of the board of education, - 51 Greene's reports of the supreme court; purchase of, 10.4 holding night sessions of the conven l tion, 1030 impairing the rigit of property, fin passae of the article upon education and school lan?is, M INDEX. go PAGE PAG LI 1021 1 0.- 5 al passaa of the ne-vv constitution t election of supreme jud,,,,es under constitution, t election of lieutenant governor he new constitution, t electian in this state under the istitution, nishin, members of the convention with fifty slirs of the debates, -iist,ing members ivith twenty-six the debates, nishing niei-nbers with tw,,nty-five the debates, nislaing members with twerity-four the ilebates, nishing members with daily new, C95 C06 9)1 30 68 30 68 I- 6I S'!, 4 09 i.:. INDEX. .AGE,PAGE laying upon the table a provision in relation to the prohibition of negroes and 22 mulattoes coming into this state, 913 i laylng upon the table a resolution con cerning the mileage of members of the con 85 vention, 989 Lee county; provision in relation to 86 the division of, 1000 liability of stockholders in banks, 790 l tl500 liability of officers of banks, 7 90 lieutenant governor; establishment of the office of, 595 7en62 t limitatiou of state indebtedness to five hundred thousand dollars, 277 limiting state indebtedness to two 628 hundred thousand dollars, * 27~ location and removal of county seats 467 and boundaries; 552, 556 s57, 6 | making common schools freee of charge, 972 2 mileage of members of the convention, 989 trioyiIoa2131 990, 1026 municipal and political corporations to | incu r indebtedness by a vote of their citi 4 zens, subject to legislative restrictions, 321 f6 municipal and palitical corporations | not to be allowed to incur indebtedness, 812 eu imunicipaland political corporations 62 to be allowed to incur indebtedness to the amount of ten per cent upon the value of their taxable property. 421 90 municipal and political incorporations to be allowed to incur an indebtedness to the amount of nine per cent. upon the , 379 value of their taxable property, 425 municipal and political incorporations to be allowed to incur an indebtedness to 503 the amount of eight per cent. upon their taxable property, 421 municipal and political incorporations 627 to be allowed to incur an indebtedness to the amount of seven per cent. upon their 792 taxable property, 421 municipal and political incorporations to be allowed to incur an indebtedness to 812 the amount of six per cent. upon their tax able property, 422, 779 813 municipal and political incorporations to be allowed to incur indebtedness to the amount of five per cent. upon their taxa 829 ble property, 422, 812 night sessions of the convention, 814, 958 number of the judges of the supreme 840 court, 46 7 indefinite postponement of the subject of the removal of the convention from Iowa City, indefinite postponement ofthe resolution in relation to entering reports, resolutions &c., at length upon the journal, indefinite postponement upon the sub?ect of offering resolutions of enquiry, indefinite postponement of the resolution to adjourn over till May, indefinite postponement of the resolution to add two members to the committee on accounts and expenditures, instructing the committees of the convention to report by the Monday following, judges of the supreme court; number of, judicial districts; nu mber of, 457, jurisdiction of the United States over territory in Iowa, laying upon the table the report of the committee upon reporting and publishing the debates, laying upon the table a resolution of enquiry, laying upon the table a resolution of enquiry in relation to the education of negroes and mulattoes, laying upon the table a resolution to furnish members with the report of the supreme court laying upon the table resolutions in relation to fixing the time of adjournment sine die, 361, laying upon the table a resolution to adjourn sine die on or before the fourth of March, 100 PAGE. laying upon the table a resolution to instruct the committees of the convention to report by the Monday following, layin-, upon the table the report of the select committee on incorporations, 780, laying upon the table a provision ia relation to the prohibition of intoxicating liquors, laying upon the table a provision in relation to the voting of railroad employees, laying upon the table an amendment in relation to the common school system of this state, laying upon the table a provision in relation to the location of the state uni ersit-,v, INDEX. PAGE. PAGE number of judicial districts, 475, 576 number of senators and representatives, ordering the report of the special committee on in.orporntions to a thirdreading, 794 ordering to a third reading the article upon the location of the capitol and university, 934 ordering t o a third reading t he article upon education and schools, 967 ordering the previous question upon amendment of Mr. Solomon to the report of the special committee on incorporations, 792 orderi ng the previous question upon the third reading of the article on the d right of suffrage, 888 o rder ing the previous question upon amendment of Mr. Cl ark e of Henry in relation to board of education, 942 ordering t he previous question upon the location of the capitol and university, 934 per diem of members of the convention, 990 political and municipal corporations t o incur indebtedness by a v ote of their c it.zens, subject to legislative restrictions, 421 political and municipal corporation s not to be allowed to incur indebtedness to other incorporation s, 812 political and municipal corporations to be allowed to incur indebtedness to the amount of ten per cent. upon the value of their taxable property, 421 political and municipal corporations to be allowed to incur indebtedness to the amount of nine per cent. upon the value of their taxable property, 423 political and municipal corporations to be allowed to incur indebtedness to the amount of eight per cent. upon the value of their taxable property, 421 political and municipal corporations t o be allow ed to in cur indebtedness to the amount of seven per cent. upon the value of thei r taxable property, 421 political and municipal corporations to be allowed to incur indebtedness to the amount of six per cent. upon the value of their taxable property, 421, 779 political and municipal corporations to be allowed to incur indebtedness to the amount of five per cent. upon the value of their taxable property, 422, 812 postponing for a time the consideration of the fourth section of the bill of rights? 200 p ostponing the consideration of the report on the legislative department, postponing the consideration of the report of the committee on incorporations, postponing till the fourth of March the resolution to adjourn sine die on that day, printing the reports of the select committee upon the bill of rights, 657 printing the reports of the select committee upon the right of suffrage, 651, 664 printing the journal of the convention, 975, 983 private property taken for public uses; compensation for, 205, 207 privileges and immunities; repeal of, 172 prohibition of intoxicating liquors, 209 prosecuting attorneys, 477 prosecutions of criminals; manner of conducting, 741 provision in relation to future amendments to the constitution, 639, 640 provision in relation to the expenses of the board of education, 953 publishing two thousand copies of the, debates, 68 punishment of frauds in bnnking, 420 pdnishment of persons issuing bank notes, unless lawfully engaged in banking, 420 purchasing Greene's Reports of the supreme court, 1054 recess of the convention until two o'clock, p. m. 887, 989 recess of the convention until seven o'clock, p. m., 814, 958 recommitting the article upon amendments to the constitution to the standing committee upon that subject, 1032 recommitting the article upon thelegislative department to the standing committee upon that subject, 1011, 1016, 1017 reconsidering the vote adopting the report of the committee on debates, 45 reconsidering the vote ordering the printing the reports of the special commit-, tee on the right of suffrage, 663 reconsidering the vote rejecting the report of the special committee on incorporations, 785 reconsidering the vote refusing to go into committee of the whole upon the resolution reported from the special committee on the right of suffrage, - $86 ioi PAGE PAGE. ,219 288 604 O 1~~~~~~~~~~~~~~2 I~~~~~~~~~~~~~~~~~~~~~~~~~~~DF~~~~~~~~~~~~~~~~~~~~~X.~~~~~~~~~~~~ a,aries of the supremne judges to be aousand dollars each, and district s one thou,sand six lhundred dollars until 1S8GC, when they shnll be fixe,d alarics of the district jtoges.obe olou-sand e cih t hundred d\ollars ceah, al, r.iy of lieutenant. groveriic~r? al iiri es of state oeifioers, chool systenm of this state, o'hoels to be corfi-ne(I to whitechil referring to the commrittee on eduicationI and school lands a resolution of enrquiry in relation to the edocation of negroes and mulattoes, registry oL the voters of the state, religious tests and competency of w'itnesses, 1 80; re-organization of courts lad judiciachl districts, repeal of spe-ial privilges and ininities gr,anted to cor-porationsri rescindin-g the resolut ion fixing tha time for adjouLrnmient si:e ei, 991, 1i, residence of member)s of tlhe general assembly, S37; 5!.v8, residence of voters, 870, resolution of ensuiri in re eattieon mco jadicial districts, restrictions in bankinog os, returning to the secretary of state documents furnished to members of the convention. t salaries of judoes n from two t o t hree thousan d dollars; district court fropo oia thiousand fiae hu ndred o t ho u tl sand five hundred dollars, salaries of iu(dges of thtie supreme court not less than two theousaned five hundred dollars, salaries of judges of the supreme cour t not less thh n tw o thousand dollars, salarien of district judges not less tla can one thousand five huondred dol-ars, salaries of tle satpreome judges at not more than two thousaind dollars; and districtue t ot jtdgex ae ftmore theni one the)ousand five hundred dollars, salaries of the district jidges- reconsidering the vote fixing tlIem at not less than one thousand five lhuniidred ar s, salaries of district,udges,it not leis than two thousand dollars, salaries o(f the suprejvdges; reonsidering the vo te fixing, them,it twto thousand dollars, salaries of tLe supreme ijd(]ges to be two thousand five hundred dollars each, and of the district juldges two thosqav. d each, unltil 1860, when they shall kc fixed by the legisla~ture, but not to exceed Gut -thousand,.tullar~ each, chool fittnd; d isposition of, 1003 r n * spec;itl lecislatl,ron, 575 restio fe itey inedebtedieon to be li mited t ive hu;ncdred;thcou:_and doillars, 277 st lte indebtel.dnless tobe lim nitedI to two hund.,red and fifty tlhes-,ro doi l,',r.i, 2'7 striktinhg o,~~;'th-ree thoulsand"f' as the num'e)r of debates to be published, 53 striking out twent,v-five as t,lhe numI er of slips of the debate,s to be furnished d to r meimbers, 5-4 strikiLg irom the article on miseellaneous sul:bects the section it, relation to the location of the unriversity, 811 striking fi'om the airticle upon imiscel; laneous sbljects thie section- in rela-tion to the location of publi liands by the state, 811 no esbht dti sss io n1 of l.tws to the people 812 sulb)missioni to the people of thie questries of loceti te c,apitol nttdC universi ty, 9t 34 submtlitting, io the peo)ple tlhe (llestion of stilking the word 1; white' from the ar ticle on the rilght of siihfr;ige, 917 substitute (f Mr. Cltrke of Jolhnson for provisions iin relation to banking, 429 substitiitin-, tll'e wor (; eql"' foi- thie word "independ~mt" in tlhe first section of the article on the bill of rights, 734 ubstt)titute of Mr. Clarke of Henry in relation to the p,wers of the board of h t f d aeducation, 845, 951 substitute of Mr. Wilson for thle repaart of th corrttee on euti-tcool a ed schlloolz, 937 suibstit,uting, thie seeryof stefor S.C Tr)wbridoe to distribute the deba,tes, 1005 tsuprerintendent of piublc instruction; d abolition otf t ie office of, 596 tax ing c orporation s, 779 termin ot office of district judg es, 475 termi of office of the goverlor aindI 1)2 INDEX. P A G I,,'. PA-('B Yeas an,,l n,,iys taken upoii 507 5 o c, ,598 ,)5f 8 'I 8 17 1003 5 7 5 t 9 1, 5 O,-, 4(, 3.1 lieute7aant governor, INDEX. -~~~~~~PG.PG conduct of first messenger, 276 distribution of the debates, 8.52, 917 election of members of the general asbly, l o 1 4, 575 first messenger; conduct of, 276 time of electing members of the genera-l assembly, university; provision in relation to, white children only to be allowed to attend the common schools in this state, word "1 white" in the article on the rih,ht of suffrage, YOUN'G, JA.NIES A. appointed upon the standing committee upon the schedule, appointed upon the special committee upon incorporations, appo inte d upon the special committee to ascertain the cause of the delay in printing the debates, appointed chairman of the committee of thbtiwhole upon the report of the committee on amendments to the constitution, asked to be excused from serving upon the standing committee on',he schedule, I sembly, 514, 575 8:3n7 t first messenger; conduct of, 276 furnishing members with slips of de912 bates, 28, 29 furnishing members with the reports of the supreme court, 90 t e22 general assembly; time of election of, 514 ppointed upothspciaco575 430! guaranteeing school and university fund against losses fromn the fraud or mis management of state officers, 279 496 496 indebtedness of cities and counties, 421 judicial districts; number of, 632, 634 606 liability of stockholders in banks, 370 number and classification of senators, 516 521 number of judicial districts, 632, 634 648 referred creditors of banks, 399 68preferred creditors of blanks, 399 c s6 printing the reports of the special 1026 committee on the bill of rights, 655 resolution calling for information con 45 cerning the amount of county and city in m debtedutess, 94 resolution of enquiry in relation to 657 the judicial department, 66 senators; number and classification adounmn, in ionhforho516, 521 state bank and branches, 382 5 stocklholders in banks; liabilities of, 370 tn958 suppression of the debate upon the 3i subject of the removal of the convention 421 42 from Iowa City, 35 516 Young, Rev. Mr., opened the convention 521 with prayer on the first day of its session, 5 credenti als of, mileage of, moved to lay upon the table the report of the committee upon reporting and publishing the debates, moved a re-consideration of the vote ordering the reports of the special cornmnittee upon the right of suffrtge to be printed, remarks uponadjournment sine die on the fourth of 103 PAGE PAGE. 'N.L larch, adding two members to the committ,,e on accounts and expenditures, bank of the state, cel'ty and county indebtedness, ,lassification and number of senators, {