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, and, 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.

THIRD-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

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

mission of said said State, and the same, when so selected, to be used on such terms, conditions, and regulations, as the legislature of the State shall direct: Provided, That no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State: And provided, also, That the general assembly shall never lease or sell the same, at any one time, for a longer period than ten years, without the consent of congress.

FIFTH-That five per cent. of the net proceeds of sales of all public lands lying within the said State, which 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 the legislature may direct: Provided, That the five foregoing propositions herein offered are on the condition that the legislature 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 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 any other purpose, for the term of three years from and after the date of the patents respectively. APPROVED, MARCH 3, 1845.

SATURDAY, February 21st, 1857.

The Convention met at 9 o'clock A. M., and was called to order by the President. Prayer by the Chaplain.

few days, that there has been a movement made in the Senate of the United States for the purpose of passing a law upon this subject, which will be uniform throughout every State. might go to work here and say that the senators

We

Election of United States Senators.

Mr. PALMER. I offer the following resolution:

"Resolved, That the Committee on the Legislative Department be instructed to report an additional section to the article on said department providing for the election of United States Senators by a joint convention of the two houses of the General Assembly."

A great deal of difficulty has arisen in many of the States with regard to the election of United States Senators, owing to a defect in the provisions of their constitutions upon this subject. The constitution of the United States simply provides that United States Senators shall be chosen by the legislatures of the different States; but the constitutions of most of the States contain no provisions as to the manner of their election. I believe it has been a matter of doubt with legal gentlemen, whether a joint convention of the two houses of the legislature, in the absence of an express provision of the constitution upon this subject, was the legislature proper. I think by making an express provision here of this kind, we make it the legislature for that purpose. The object of such a provision would be to compel the two branches of the legislature to go into a joint convention for the purpose of electing United States Senators. I believe, as the case now stands, without any provision of this kind, either branch of the legislature may refuse to go into a joint convention. I would make it their duty to go into a joint convention for the election of United States Senators, so that the difficulty I have suggested may be obviated.

Mr. PARVIN. I have no objection to the reference of that resolution, but I consider it entirely unnecessary, for the reason that I think it may conflict with the Constitution of the United States, or the law passed by Congress. I suppose every member has observed, within a

rate concurrence of each House. Another State might provide a different manner for the election of senators. Now, it appears to me that Congress is the proper body to pass a law of this kind; and as they are about moving in the matter, I make the suggestion that it is unnecessary for us to act upon this subject now. I think I can see very easily, if the States undertake to legislate upon this subject in their constitutions or otherwise, that there will be a diversity among them in the manner of electing their senators, as each State would have its separate method of procedure. It is important, therefore, that these elections should be made uniform all over the United States; and Congress, in my opinion, is the proper body to regulate this matter.

I agree with the gentleman from Davis, [Mr. Palmer], that something should be done. We have all seen difficulties growing out of the want of any provisions upon this subject in different States. Two years ago, in the State of Indiana, one branch of the legislature refused to go into joint convention for the election of United States Senators, and the result was that no election took place. This winter, they refused again to go into a joint convention, and the result is, a bogus election has taken place. I make these remarks to show that difficulties. have arisen, and that there is a necessity for legislation upon this subject. I doubt the propriety, however, of States providing for elections in a separate and different manner from each other.

Mr. HALL. If we had the power to amend the Constitution of the United States, we might do some good. My opinion is, that every step we take here will make the confusion worse. The Constitution of the United States says that

"The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years, and each senator shall have one vote."

Saturday]

[February 21st

I do not believe that Congress has the power to put trammels upon our legislature. Gentlemen will find, by the debates that have taken place in Congress, that this subject has been thoroughly discussed by the ablest men there, and the best opinion 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 than those in which we are now placed. True, there are sometimes difficulties and inconveniences in electing these senators, but I think we had better "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.

Miscellaneous.

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 this 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

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

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. [ 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, Hollingsworth, 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. M. 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 PRESIDENT. 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.