Friday] TODHUNTER-CLARKE-GILLASPY-CLARK-YOUNG-TRAER. [January 23d Mr. TODHUNTER offered the following reso-pate in it, at all. But there were some admirable lution: here, if it was necessary for the public good. (laughter) speeches made here which I should not like to Resolved, That the committee on Legislative have lost. There was one made by my friend Department be requested to enquire into the ex- from Des Moines (Mr. Hall) and also one by my pediency of having the constitution so amended friend from Wapello (Mr. Gillaspy) who was so as to provide that every bill or resolution which patriotic and unselfish that he said he would subshall have passed both branches of the Legisla-mit to pay ten or fifteen dollars a day for board ture shall, before it becomes a law, be presented to the Governor; if he approve he shall sign it; if not he shall return it to the house in which it shall have originated, who shall enter the objections at large upon their journal; and if it be noted laughter.) repassed by a majority of all the members elect of each branch the same shall not become a law. The resolution was adopted and referred to the committee on Legislative Department. SUPPRESSION OF DEBATE ON REMOVAL. Mr. CLARKE, of Johnson, offered the following resolution: Resolved, That the Reporter be instructed to omit from the report of debates, the debate on the subject of the removal of the Convention. Mr. GILLASPY. I certainly shall oppose this resolution. I want everything we say and do here to go to the country. Mr. GILLASPY. I call the gentleman to order; he is indulging in personalities. (renew Mr. JOHNSTON. I will say nothing more about that then. As the gentleman from Benton (Mr. Traer) remarked, there have been some very extended discussions on this subject of removal in other conventions. I well remember the discussions which took place in the Massachusetts Convention on the subject of removal, which took up several weeks, and was a much more pungent and spicy debate than that which took place here. An effort was made to remove the Convention from the State House to Lowell Institute, and I understand one objection to the removal was that there were some odors about Lowell Institute which were more noted for strength than agreeableness. Some of the greatest men in the Union were in that Convention and participants in a very interesting discussion upon the subject of odors. Mr. CLARK, of Alamakee. I shall vote for this resolution. The idea suggested itself to me at the time this debate occurred that some measure of this kind should be adopted by the Convention. I apprehend that every member of this Convention has that interest in the proceedings of this body which will lead him to desire at least that the records and debates of this Convention shall be of a dignified character, and confined to subjects of a public nature, and those subjects germain to the objects we came here to accomplish. If we have all these minor debates pub-resolution. lished it will certainly take up some time and cause considerable expense, and be of no earthly benefit to any one. Mr. YOUNG. I would like to know if the present debate is to be reported and published? If it is I shall vote against this resolution so that the people may understand to what the present debate refers. Mr. CLARKE, of Johnson. I did not apprehend any debate upon this resolution. If it is adopted I suppose it will be understood that this debate is to be left out also. Mr. TRAER. I am opposed to this resolution. If the gentlemen will examine the debates of Indiana and Massachusetts and most of the other constitutional conventions they will find these debates upon this same subject of removal. I am in favor of having the whole thing go upon record. I am not afraid to let my remarks and position be put upon record, and I believe I said about as much on the subject as any other member. Now I think it is bad policy at the very commencement of our debates to begin to expunge the record. There was nothing said the other day upon the subject of removal to which any one could take objections. Even those who spoke in favor of removal spoke very highly of the citizens of Iowa City, I am opposed to this Mr. HALL. I rise merely to set myself right upon the record, and to have it understood that the reason we did not remove from here was that the roads were blocked up, and we could not get away from here. (Laughter.) Mr. CLARKE, of Johnson. I offered this resolution merely to get an expression of the wish of the Convention upon the subject. So far as lowa City was concerned in that discussion, I do not feel that she suffered at all. It was not to suppress anything said for or against her that I offered the resolution. But the Convention are aware that this matter is somewhat expensive, and it is now uncertain to what extent the debates of this body will reach. I desired to exclude from them merely that which had no tendency to enhance the value of the work either at home or abroad. So far as I am individually concerned, or so far as my constituents are concerned, have no particular interest in suppressing this debate. Mr. WINCHESTER. I shall oppose this reMr. JOHNSTON. I am opposed to this resolu- solution. I was sent here by my constituents to tion chiefly because it is setting a bad precedent. act in a public capacity, and I do not intend to I have no doubt that during the discussions of say anything that I shall be ashamed for them this Convention there may be a great many little to read. If I do, then I shall ask the Conventhings said which members may not care to have tion, as a personal favor, to permit me to withplaced on record. But that is to be expected. draw those remarks. The object of the gentleI am not interested that this debate shall be man from Johnson (Mr. Clarke) to save expense, placed upon record, because I did not partici-is a very meritorious one. But I think the bet Monday,] EMERSON-EDWARDS--SKIFF-CLARKE-GIBSON. ter plan to accomplish that object would be to make speeches shorter. If any very long winded gentlemen here would curtail their speeches, they would make the debates much shorter, and benefit the Convention. The question being taken upon the resolution, it was not agreed to. Mr. EMERSON moved the Convention adjourn to Monday at 2 o'clock P. M. The question being taken, upon a division, it was agreed to; as es 20; noes not counted. The Convention accordingly adjourned until Mondaya fternoon at 2 o'clock. MONDAY, JANUARY 26, 1857. The Convention met at two o'clock, P. M., and was called to order by the President. Prayer by Rev. Mr. Kynett. The journal of Friday was read and approved. Reports from Standing Committees. Mr. EDWARDS, from the Committee on the Right of Suffrage, made the following report: The committee to whom was referred that portion of the Constitution relating to the right of suffrage, have had that subject under consideration, and have unanimously instructed me to report the same back without amendment, and recommend its adoption by this Convention. The provision is as follows: "ARTICLE 2-RIGHT OF SUFFRAGE. "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 days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law. 2. Electors shall, in all cases except treason, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. "3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. [January 26th. Sec. 1. Any amendment or amendments to this constitution may be proposed in both houses of the General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered upon 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 General 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 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 of and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become a part of the constitution of this State. Sec. 2. At the general election to be held in the year one thousand eight hundred and sixtyseven, and in each tenth year thereafter, and also at such times 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, 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. (Signed) W. A. WARREN, Chairman, JOHN T. CLARK, DAVID BUNKER. Mr. EMERSON moved to lay the report on the table, and that fifty copies be printed for the use of the Convention. make near seventy-five copies. Mr. SKIFF. I would suggest that there be "4. No person in the military, naval or ma-printed two copies for each member, which will rine service of the United States shall be considered a resident of this State by being stationed i in any garrison, barracks, or military or naval place or station within this State. "5. No idiot or insane person, or person convicted of any infamous erime, shall be entitled to the privilege of an elector. "6. All elections by the people shall be by ballot." On motion of Mr. CLARKE, of Johnson, the report was laid on the table and one hundred copies ordered to be printed for the use of the Convention. Mr. WARREN, from the Committee on Amendments to the Constitution, made the following report: The committee to whom was referred so much of the constitution as relates to future amendments of the constitution have had the same under consideration, and a majority of the committer ask leave to recommend the following: | Mr. EMERSON. I have no objection to that. Mr. CLARKE, of Johnson. One hundred copies can be printed nearly as cheaply as fifty copies can. Mr. SKIFF. I move that one hundred copies be printed. Mr. EMERSON. I accept the amendment. The question being taken, the motion was agreed to. Mr. GIBSON. I hardly know how to get at the matter I wish to reach. The Committee on Amendments differ a little in regard to the last section of the report of the majority which has just been read. Two members of that committee thought there ought to be a different wording to that section in reference to submit-. ting the question of amendment to the people once in ten years. I would ask if the minority can offer as a minority report a substitute for any portion of that report? . Monday,] GIBSON-PARVIN-JOHNSTON-WARREN--COTTON-CLARKE. [January 26th. The PRESIDENT. It would be in order toter of course was laid on the table until called submit a minority report. Mr. GIBSON. The views of the minority are not at present drawn up in the shape of a report, but they will be prepared to submit a report at some future time. The PRESIDENT. The chair would suggest that the object of the minority of the committee could be accomplished by moving an amendment to the majority report when the same shall come up for consideration. Mr. PARVIN from the Committee on the Distribution of Powers and the Legislative Department made the following report: The committee to whom was referred so much of the Constitution as relates to the distribution of powers and the Legislative Department, have had the former provision under consideration, and instructed me to report the same as existing in the present constitution, without amendment, as follows: up for action. Mr. CLARK of Alamakee. I do not know as I have any objection to having this report adopted as part of the Constitution of this State. But this is a matter in which I would prefer to have a little time for reflection, and presume other members of the Convention desire the same. Some of them may have amendments to propose to this clause. It strikes me that it would be better to have this report lie over until we all have had time to examine it, and think upon the matter a littte. I do not think wo will gain anything by acting upon this report now. Mr. BUNKER. I concur entirely with the ARTICLE 3.-OF THE DISTRIBUTION OF POWERS. gentleman from Alamakee (Mr Clark). We will probably have in this Constitution which we are 1. The powers of the Government of Iowa now to make, a provision binding the Legislature shall be divided into three separate departments: so that they shall pass no bill without being The Legislative, the Executive and the Judicial; read three several times and by a yea and nay and no person charged with the exercise of vote. Now I think it would hardly be proper powers properly belonging to one of these de- for this body to dispense with the ordinary Legpartments shall exercise any function appur-islative practice in acting upon the organic law taining to either of the others, except in cases of the State. hereinafter expressly directed or permitted. Mr. PARVIN. I see no necessity for having this report printed, nor did I see any necessity for printing the report made by the gentleman from Lucas (Mr. Edwards), as no amendment was proposed to the article which was reported back. I did not like, however, to oppose the motion to print, as other gentlemen seemed desirous to have it printed. But I do not see any necessity for printing this report, and shall make no motion to that effect. The report was received and laid upon the table. Mr. JOHNSTON. I was going to make the same suggestion as my friend from Muscatine, (Mr. Parvin). If I had voted on the resolutian ordering the printing of the first report, I should now move a reconsideration. There is certainly no necessity for printing that report, as we have the article to which it refers in the constitution | which we have had printed for our use, and also in the Code which has been furnished us. It is a very short article, and I see no necessity for having it printed. Mr. WARREN. I move to reconsider the vote by which that report was ordered to be printed. The question being taken, the motion to reconsider was agreed to. The question recurred upon the motion to print, it was not agreed to. Mr. HALL. As I understand this report the committee have reported back verbatim the article as it stands in the old Constitution. They have decided that it is best not to revise or amend that portion of the Constitution. Now I would like to know what we have to do with that provision? Would it give it any more efficiency for us to adopt it? It is now Constitutional law and if we leave it as it is will remain so. The PRESIDENT. The committee propose to leave it as it now stands, and the question is upon adopting the report of the committee. Mr. HALL. This perhaps is one of those provisions, one of those obvious propositions which every one can understand. No amendment to it in any form can be thought of or suggested. I think we are as well prepared now as we ever will be to discharge this committee, and have that portion of our labor completed. Mr. TRAER. I would ask whether there is not some rules of this Convention under which this report should be read more than once? If it is to be understood that reports are to be received here, read but once and then adopted without any further time, I should like to know it. The PRESIDENT. These reports can be read as often as members may desire. It has now been read as often as the rules require, once by the member offering it, and once by the clerk in Mr. COTTON. I see no necessity for any de-reporting it to the Convention. lay in regard to the report from the committee on the distribution of powers, but think we can go on and adopt it and have so much of the Constitution disposed of. The PRESIDENT. The chair would state that there being no motion the report as a mat Mr. TRAER. I think it should be read as often as bills are in the Legislature. I now give notice that I will offer an amendment to the rules requiring that all reports of committees relating to and containing provisions of the constitution shall be read on three several days and the ques Monday,} EDWARDS-GIBSON—WILSON-JOHNSTON-BUNKER-SOLOMON. tion upon their adoption be taken by yeas and пнув. Mr. CLARKE, of Henry. I think that as a matter of precedent here in our transactions of business this report had better be laid on the table. Do not let us be in too much of a hurry in these matters. I think we should be deliberative in our method of transacting business. Though the proposition contained in this report may be a self-evident one, but I think it will do no harm to defer action upon it for a while. If we get into the habit now of acting in a hurry upon these reports, we may do so in some matter not so self-evident, and thus be compelled to do our work over again. Mr. EDWARDS. I think that this is one of those obvious propositions to which there can be no objection. But at the same time I believe the proper course would be to let this report lie upon the table for a time in order that the members may have an opportunity to examine it. Mr. GIBSON. The question before the Convention, as I understand it, is, upon the adoption of this report. I would enquire of the Chair what would be the effect of adopting this report or rejecting it? Would not adopting it or rejecting it amount to virtually the same thing? The committee report in favor of letting that portion of the constitution remain as it now is. If we adopt the report, we will be virtually endorsing that portion of the constitution. If we reject it, we do not change that article of the constitution. The PRESIDENT. The Chair conceives that by the adoption of this report the Convention would resolve not to amend that article; by rejecting the report it would leave the matter open for further determination. Mr. GIBSON. It occurs to me that it would amount to about the same thing. (January 26th ̧ is upon the motion of the gentleman from Jefferson, [Mr. Wilson,] to lay this report upon the table, subject to the order of the Convention. Mr. JOHNSTON. I hope this motion will be agreed to. The fact is that although there may be no opposition or amendment to be offered to this particular proposition, yet to adopt it thus hastily would be to establish a precedent which may become very inconvenient in some of the further transactions of this Convention. Suppose that some other report is made to this Convention and adopted without any consideration or time being allowed for its examination. We may find in some of our subsequent proceedings that some other matters would be adopted that would require a reconsideration of this whole subject. I trust this report will be laid upon the table, and if there is no rule in reference to this matter, I hope some gentleman will prepare one which will provide for such cases as this. The question being taken upon laying the report upon the table, subject to the order of the Convention, it was agreed to. RESOLUTIONS OF ENQUIRY. Mr. WILSON offered the following resolution: Resolved, That the Committee on Incorporations be instructed to enquire into the expediency of amending the 8th Article of the constitution by adding thereto the following section: Section That property of corporations now existing or hereafter created shall forever be subject to taxation, the same as property of individuals. Agreed to and referred to the Committee on Incorporations. Mr. WILSON also offered the following resolution: Resolved, That the Committee on Legislative Department be instructed to enquire into the exMr. WILSON. So far as this report is concern-pediency of amending that portion of Art. three ed I am prepared to vote on it now. I presume of the constitution which relates to the legislathere will be no change in that portion of Art. three tive department by adding to said article the of the present constitution. But inasmuch as following section: some members of the Convention desire it should lie over for the present, I think it would be the better course; it certainly would be following out the usual rules recognized iu bodies of this kind. Therefore, for the benefit of those who desire time to examine this matter further, I think it would be better that this report should lie over for the present. I would therefore make that motion. Mr. PATTERSON. Instead of laying this report upon the table, I would suggest that it be made the special order of the day for to-morrow, which would give members time to prepare any amendments if they had any to offer, and to examine this subject to its fullest extent. Mr. EDWARDS. I would enquire of the Chair should no motion be made with regard to these reports when they are offered, would they not lie upon the table subject to a motion from some member of the Convention. The PRESIDENT. That would be the case. But a motion has been made in this case to take up this report and adopt it. The question now No extra compensation shall be made to any officer, public agent or contractor after the service shall have been rendered 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 the pre-existing law, unless such compensation or claim be allowed by twothirds of the members elected to each branch of the General Assembly: Agreed to and referred to the Committee on Legislative Department. Mr. EDWARDS offered the following resolntion: Resolved, That the committee on the judiciary department be instructed to enquire into the expediency of providing for the election of district attorneys in lieu of county prosecuting attorneys, also to provide for the election of supreme judges by the peopis. Agreed to and referred to the committee on the judiciary. Mr. BUNKER offered the following resolution: Reacleed, That the committee n incorpora Monday] SOLOMON-CLARK--SKIFF-WILSON-CLARKE-PRICE. [January 26th. tions be requested to enquire into the expedi- preside over the Senate, having the right of deency of amending the Constitution so as to authorize the legislature to provide for the organization of a State Bank and branches. Agreed to, and referred to the committee on incorporations. Mr. SOLOMON offered the following resolution: Resolved, That the committee on incorporations be requested to enquire into the expediency of making the following, or its equivalent, a part of the Constitution, viz: The power of issuing paper money shall not be granted by this State. Agreed to, and referred to the committee on incorporations. Mr. CLARK, of Alamakee offered the following resolution: Resolved That the committee on incorporations be instructed to enquire into the propriety of so amending the portion of the Constitution referred to them, as to allow the general assembly to pass a general banking law. The question was upon agreeing to the resolution. bate in Committee of the Whole, and having the casting vote in case of a tie, and who shall exercise all the powers and have the title of Governor in case of the death, removal, or other disability of the Governor. Mr. CLARKE, of Johnson. As I understand this resolution, it calls upon the Convention to consider this subject instead of its being considered by a committee. Mr. CLARKE, of Henry. I think the resolution is in a proper form now. It is in the shape of a memorial to the Convention praying them to consider this matter. I move its reference to the Committee on the Executive. Resolution agreed to, and referred accordingly. Mr. PRICE introduced the following resolution: Resolved, That the Committee on the Execu tive Department be instructed to take into cons sideration the propriety 1. Of limiting the term of office of the Executive to two years. 2. Of the creation of the office of Lieuten ant Governor. 3. Of the restriction and qualification of the pardoning power. 4. Of the election by the people of all State officers, and regulating the succession to office in cases of removal or other disability. Mr. SKIFF. It seems to me that two antagonistic resolutions have been handed in here. Now, suppose they are both passed and referred to the committee on incorporations, what instructions will the committee derive from them? It is to be understood that these resolutions express to some extent the sense of the Convention. It 5. Of restricting legislative action whenever that is not to be the case, but one gentlemen is to the Legislature may be specially called together introduce one resolution, and another is to intro-to the passing of such acts alone as are referred duce another on the same subject but diametri- to in the message of the Executive thus specialcally opposed to each other, and both are to be ly convening them. referred to the committee, as a matter of course Agreed to and referred accordingly. gentlemen may as well hand in their resolutions Mr. SOLOMON introduced the following resó. Resolved, That the Committee on the Preamble and Bill of Rights be requested to consider the expediency of adopting the following, or its equivalent, as a section in the Bill of Rights, to wit: of every kind to the committee without troub-lution: Mr. WILSON. There is some necessity for the resolution being handed in in this way. Members of the Convention may hand their resolutions in to the various committees who may put them in their pockets, and pay no attention to them; but if the Convention refer them to the committees we can require a report in relation to the propositions contained in them. It is necessary, therefore, to have these resolutions introduced here and referred by a vote of the Convention, in order to have some attention paid to them. The resolution was agreed to and referred to the Committee on Incorporations. Mr. CLARKE, of Henry introduced the following resolution: Resolved, That the Convention consider the expediency of amending article four of the constitution by providing for the election of a Lieutenant Governor who, by virtue of his office shall No law shall be passed prohibiting the manufacture of or traffic in property which is a production of this State, or a legitimate article of traffic, with the other States and foreign nations, or destroying or in any manner impairing the right of property therein. Agreed to, and referred accordingly. Mr. CLARKE, of Johnston offered the following resolution: Resolved, That the Committee on Suffrage be instructed to inquire into the expediency of amending the constitution by providing that all elections in this State shall be holden upon some other than the second day of the week. Agreed to, and referred accordingly. Mr. JOHNSTON offered the following resolution: Resolved, That the Committee on Education and School Lands be instructed to inquire into the expediency of amending article nine of the constitution of Iowa 1. By providing that there be selected, either by election or appointment. a hoard of edu; |