Full text of "Journal of the Constitutional convention of the state of Iowa, in session at Iowa City, from the nineteenth day of January, A.D., one thousand eight hundred and fifty-seven, to the fifth day of March of the same year inclusive"

See other formats

IC-NRLF

University of California,

GIFT OF

JOURNAL

OF TUB

CONSTITUTIONAL CONVENTION

OF THB

STATE OF IOWA,

1JJT 8B3SION AT IOWA CITY, FROM THE NINETEENTH DAY OF JANUARY, A. D., ONE

THOUSAND EIGHT HUNDRED AND FIFTY-SEVEN, TO THE FIFTH

DAY OF MARdH OFTjfiJsAME YEAR, INCLUSIVE.

MUSCATINE:

PRINTED BY JOHN MAHIN.
1857.

KVV

JOURNAL

OF THB

CONSTITUTIONAL CONVENTION

OF THE STATE OF IOWA.

IOWA CITY, JANUARY 19, 1857.

Agreeably to an Act of the Legislature of the State of Iowa entitled,
* i An Act providing for the revision or amendment of the Constitution
of this State," approved January 24th, 1855, the greater part of the
members of the Convention elected for that purpose, met this day at
the Capitol in Iowa City, in the Supreme Court Room.

At the hour of ten o'clock, A. M., the Convention was called to order
by Mr. Gray of the County of Linn, who nominated for President pro
fempore, JOHN A. PARVIN, Esq., member elect from the Nineteenth
Senatorial District : which nomination was unanimously agreed to, and
Mr. Parvin took his seat and returned thanks for the honor conferred
upon him in an appropriate address.

Mr. Ells then nominated THOMAS J. SAUNDERS, of the County of
Scott, for Secretary pro tempore : which nomination was agreed to,
and the Secretary took his seat accordingly.

Mr. Traer nominated ELLSWORTH N. BATES, of the County of Linn,
for Assistant Secretary pro tempore : which motion was agreed to.

Mr. Clarke, of Johnson, nominated SAMUEL C. TROWBRIDGE, of John-
ion, for Sergeant-at-Arms pro tempore: which nomination was agreed to.

Mr. Wilson nominated FRANCIS THOMPSON for Door Keeper pro tern-
pore, : which nomination was agreed to.

Mr. Warren nominated J. H. MERRITT for Fireman pro tempore :
which nomination was agreed to.

Mr. Todhunter nominated JAMES HAWKINS for Messenger pro tem-
pore : which nomination was agreed to.

Mr. Clarke, of Johnson, nominated GEORGE CLEARMAN for Assistant
Messenger, pro tempore : which nomination was agreed to.

Mr. Springer moved that Mr. Clarke, of Johnson, be appointed to
wait upon and procure a clergyman to open the Convention with prayer:
which motion was adopted, and after a short absence, Mr. Clarke intro-
duced the Rev. Mr. Young, who made an appropriate and solemn appeal
to the Throne of Grace.

The Secretary then proceeded to call the members elect from the sev-
eral Senatorial Districts in their order, when the following gentlemen
appeared and answered to their names, viz :

From the First Senatorial District — EDWARD JOHNSTON and WIL-
LIAM PATTERSON ;

From the Second Senatorial District — SQUIRE AYRES ;

From the Third Senatorial District — TIMOTHY DAY ;

From the Fourth Senatorial District — JONATHAN C. HALL and MOSEB
W. ROBINSON ;

From the Fifth Senatorial District — DAVID P. PALMER ;

From the Sixth Senatorial District — JAMES F. WILSON ;

From the Seventh Senatorial District — RUFUS L. B. CLARKE ;

From the Eighth Senatorial District — GEORGE GILLASPY ;

From the Ninth Senatorial District — JOHN EDWARDS ;

From the Tenth Senatorial District — AMOS HARRIS ;

From the Eleventh Senatorial District — DANIEL H. SOLOMON ;

From the Twelfth Senatorial District — DANIEL W. PRICE ;

From the Thirteenth Senatorial District- — FRANCIS SPRINGER ;

From the Fifteenth Senatorial District— JEREMIAH ROLLINGS WORTH.;

From the Sixteenth Senatorial District*— JAMES A. YOUNG ;

From the Seventeenth Senatorial District— HIRAM D. GIBSON ;

From the Eighteenth Senatorial District — LEWIS TODHUNTER ;

From the Nineteenth Senatorial District — JOHN A. PARVIN ;

From the Twentieth Senatorial District — WILLIAM PENN CLARKE ;

From the Twenty-first Senatorial District — GEORGE W. ELLS ;

From tho Twenty-second Senatorial District — ROBERT GOWER ;

From the Twenty- fourth Senatorial District — HOSE A W. GRAY ;

From the Twenty-fifth Senatorial District — JAMES C. TRAER ;

From the Twenty-sixth Senatorial District — HARVEY J. SKIFF ;
From the Twenty-seventh Senatorial District — THOMAS SEELY ;
From the Twenty-eight Senatorial District — WILLIAM A. WARREN ;
From the Twenty-ninth Senatorial District — ALBERT H. MARVIN ;
From the Thirtieth Senatorial District — JOHN II. EMERSON ;
From the Thirty-second Senatorial District — ALPIIEUS SCOTT ;
From the Thirty-third Senatorial District — SHELDON G. WINCHEST-
ER ; and

From the Thirty- fourth Senatorial District — JOHN T. CLARK.

Whereupon it appeared that all the members elect were present, ex-
cept those from the Fourteenth, Twenty-third and Thirty-first Senato-
rial Districts, respectively.

Mr. Clarke, of Henry, offered the following resolution:
"Res-jived, That a committee of five be appointed to examine and

report upon credentials and qualifications of members claiming scats in

this Convention ;"

Which resolution was adopted and the Chair appointed Messrs. Clarke,

of Henry, Hall, Todhunter, Palmer arid Wilson, said Committee.

Mr. Clarke, of Johnson, moved that the Convention adjourn until to-
morrow morning at ten o'clock A. M.

Mr. Johnston suggested that the motion be withdrawn temporarily un-
til certain communications from the cities of Dubuque and Davenport
had been presented and disposed of: which was agreed to by the mover.

The President then laid before the Convention the following corres-
pondence and resolutions :

" SENATE CHAMBER, IOWA CITY, )
19th January, 1857. $
Sir,

Permit me to lay before your body the accompanying letter
and resolutions of the Mayor and Common Council of the City of Du-
buque, extending to the body over which you preside, an invitation to
hold your session in that city, in the event of your determining to re-
move from this point.

I can give you good assurance that the members of the Convention
will be cordially received and entertained by the citizens of Dubuque
should you avail yourselves of the invitation they have tendered you.
Very respectfully,

Your Obedient Serv't,

W. W. HAMILTON.
Hon. President of the Convention."

" MAYOR'S OFFICE, DUBUQUE,)
January 10th, 1857. $

HON. W. W. HAMILTON, President of the Senate —

Dear Sir:

By the resolution which passed our City Council on the
5th instant, you will see that the members of the Constitutional Conven-
tion are invited to assemble here. I have been authorized to request you
to inform the presiding officer of the Convention when it shall be organ-
ized, of our invitation and I know you will do so in terms that will as-
sure them of a hearty old fashioned Dubuque welcome. Our people
will throw open their houses and their hearts on such an occasion as this,
thus giving the people from all parts of our State an opportunity of re-
ceiving and witnessing our hospitality. I append a copy or the resolu-
tion above referred to. Wishing you good health, and that your Legis-
lative labors may result in our common benefit,

I remain very respectfully,
Your Obedient Servant,

DAVID S. WILSON.
Mayor of the City of Dubuque.

" Alderman Nightingale offered the following resolution :

' ' WHEREAS, The Convention to amend the State Convention will as-
semble at Iowa City on the third Monday of the present month ; and
whereas it has been intimated that the accommodations at said city are
not sufficient from the fact that the General Assembly are now and prob-
ably will be in session when said Convention assembles ; and whereas,
it is believed and reported that a desire exists on the part of some of
the members of said Convention to remove the session of that very re-
spectable body to some other point than Iowa City ; and whereas, our
city has been mentioned in that connection —

" Resolved, That this body speaking for and in behalf of the people
of Dubuque, do cordially invite the members of the Convention to assem-
ble here, and we authorizine the Mayor to inform that body, through the
Hon. W. W. Hamilton, President of the 'Senate, assuring them of a
cordial reception on the part of our citizens, and that they will be com-
fortably and agreeably provided for and entertained during their sojourn
among us.

u Which was adopted."

" HOUSE OF REPRESENTATIVES,
IOWA CITY, January 19th, 1857.

To the Honorable the Constitutional Convention of the State of
Iowa :

Gentlemen : — On the 14th instant I was directed by the Honorable
the City Council of the City of Davenport to tender to your honorable
body the hospitalities of said city for and during the entire session of
your Convention in case you shall think proper to adjourn from this to
that city. A copy of the resolutions adopted is herewith submitted,
and in obedience to the request contained therein, I tender to your hon-
orable body the hospitalities of said City of Davenport.
I am with great respect,

Your Obedient Servant,

H. G. EARNER.

" CITY OF DAVENPORT, COUNTY OF SCOTT,
State of Iowa.

At a special meeting of the City Council of the City of Davenport
held on the 14th day of January, A. D., 1857, among other proceed-
ings the following were had —

Alderman Price offered the following resolutions :

Resolved, That the Mayor is hereby authorized and requested to
tender the hospitalities of the City of Davenport to the Constitutional
Convention which is to assemble at Iowa City on the third Monday of
January, A. D., 1857, provided said Convention shall think proper to
adjourn from that to this city during the session of said Convention.

Resolved, That in the event of said adjournment the Mayor is also
authorized and requested to furnish a suitable room in which to hold
said Convention.

Resolved, That the Mayor is hereby requested to make known to the
members of said Convention when assembled at Iowa City the foregoing
action of the City Council through H. Gr. Earner, Esq. , our representa-
tive from this city.
Which were adopted.

SAMUEL SADDORIS,

Chairman pro tern.
Attest :

WM. HALL, Clerk."

After th 3 'reading of the foregoing had been concluded,

Mr. Ells moved that the correspondence and resolutions he laid upon
the table until a permanent organization of the Convention should be
effected.

Mr H.irris moved as a substitute that they should be referred to a
committee of three members of the Convention ;

Mr G3vV3i* m)V3d t ) ameid the substitute by inserting five instead of
three as the number of members for the committee ;

Which amendment was accepted by the mover, and the substitute of
Mr Harris was adopted, and the Chair appointed the following gentle-
men said committee, viz: Messrs Ells, Springer, Emerson, Clarke of
Johnsoi, and Edwards.

Mr Clarke, of Johnson, then renewed his motion, and the Convention
adjourned until to-morrow morning at ten o'clock, A. M.

TUESDAY MORNING, JANUARY 20, 1857.

At ten o'clock, A. M., the President pro tempore took the Chair and
called the Convention to order.

Prayer was offered by the Rev. Mr Kynett.

The Journal of yesterday's proceedings was read by the Secretary
and approved.

Mr Clarke, of Henry, from the Committee on Credentials made the

following

REPORT.

The Committee on Credentials and qualifications of members report
the following persons as duly qualified and entitled to seats as members
of the Constitutional Convention for the State of Iowa, assembled Jan-
uary 19th, 1857 —

EDWARD JOHNSTON I Senatorial District.

WILLIAM PATTERSON I " "

SQUIRE AYERS H " "

TIMOTHY DAY III " "

JOHXATHAN C. HALL IV " "

MOSES W. ROBINSON IV "

DAVID P. PALMAR V " "

JAMES F. WILSON VI

RUFUS L. B. CLARKE VII Senatorial District.

GEORGE GILLASPY VIII " "

JOHN EDWARDS IX " "

AMOS HARRIS X " "

DANIEL II. SOLOMON XI " "

DANIEL W. PRICE XII " "

FRANCIS SPRINGER XIII " "

DAVID JUNKER XIV " <£

. JEREMIAH HOLLINGSWORTII XV " "

JAMES A. YOUNG XVI " • "

HIRAM D. GIBSON XVII " "

LEWIS TomiCNTER XVIII " "

JOHN A. PARVIN XIX " "

WILLIAM PENN CLARKE XX " "

GEORGE W. ELLS XXI " "

ROBERT GOWK.I XXII " "

AYLETT R. COTTON XXIII u "

HOSEA W. GRAY XXIV " «

JAMES C. TRAER XXV '< "

HARVEY J. SKIFF XXVI " "

THOMAS SEELY XXVII " "

WILLIAM A. WARREN XXVIII " *£

ALBERT II. MARVIN XXIX *' "

JOHN II. EMERSON XXX u ««

ALPIIEUS SCOTT XXXII " u

SHELDON G. WINCHESTER XXXIII - " u

JOHN T. CLARK XXXIV

And that no person has produced credentials from the XXXI Sena-
torial District.

R. L. B. CLARKE,

Chairman.

Mr. Clarke, of Johnson, moved that the report of the Committee on
Credentials be adopted : which motion was agreed to.

Mr. Winchester offered the following resolution :

Resolved, That until otherwise ordered the officers of this Convention
shall consist of: a President, a Secretary, an Assistant Secretary, Ser-
geant-at- Arms, a Door Keeper, a Fireman and First and Second Mes-
sengers ;

Which resolution was adopted.

Mr. Clarke, of Johnson, moved the following resolution:
Resolved, That the Convention do now proceed to the election of a
permanent President and other officers, viva voce ;
Which resolution was agreed to.
1*

Mr. Clarke, of Johnson, nominated for President, FRANCIS SPRINGER,
Esq., from the Thirteenth Senatorial District;

Mr. Johnston nominated JONATHAN C. HALL, Esq., from the Fourth
Senatorial District;

The Convention being called by the Secretary the following gentlemen
voted for Mr. Springer, viz :

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Todhunter,

Ells, Traer,

Gower, Wan-en,

Gray, Wilson,

Hollingsworth, . Winchester,

Marvin , Y oung , — 20 .

And the following gentlemen for Mr Hall, viz :

Messrs. Ayers, Messrs. Han-is,

Cotton, Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Robinson,
Solomon — 13.

Mr. Springer voted for Mr. Parvin and Mr. Hall for Mr. Gillaspy.

Whereupon, Mr. Springer was declared duly elected President of the
'Convention and was conducted to the Chair by Messrs. Todhunter and
Gibson.

The President, upon taking his seat, addressed the Convention aa
follows :

" I return you, gentlemen, the homage of my thanks for the honor of
being chosen to preside over the deliberations of this Convention. In
signifying to you my appreciation of this distinguished testimonial of
your confidence and regard, I must confess that I feel embarrassed by
a sense of my inability to bring to the chair the experience and acquaint-
ance with parliamentary practice, the possession of which would be con-
sidered necessary to justify your choice. Under these circumstances I
shall have to throw myself upon your kindness, and to bespeak your
forbearance and friendly co-operation in my endeavors to discharge ac-
ceptably the various and sometimes difficult duties of a presiding officer

— praying you to be assured of the disposition I cherish to servo you
faithfully and impartially, and of my hearty readiness to contribute inv
mite towards a satisfactory performance of the important work whicn
we have been sent here to accomplish.

u With us ' the sovereignty of the people is a conceded axiom.' We
are the representatives of that sovereignty, charged with the duty and
clothed with the power of revising their organic law. I am sure I need
not remind the intelligent members of this Convention of the high re-
sponsibility of this trust. The Constitution of a State is designed to bo
to a certain extent a fixed and permanent instrument — a higher law for
the guidance, not only of individual members of the body politic — but
also a law to which the various departments of the government must in
their action conform. It is the foundation upon which the superstruc-
ture of the legislation and jurisprudence of the State rests. Upon its
character the prosperity and happiness of the social compact may be
said much to depend. It is looked upon as embodying the spirit and
policy of a people. It is, in a'word, < positive law.'

" That this great trust will be performed by the members of this Con-
vention wisely, and well, I entertain no doubt — meeting the just expec-
tations of an enlightened constituency, and imparting fresh vigor to
the advancing steps of our noble young State in her career to the high
destiny which lies before her."

Mr. Ells nominated for Secretary, THOMAS J. SAUNDERS, of the.
County of Scott ;

Mr. Gillaspy nominated PHILIP B. BRADLEY, of the County of
Jackson ;

The Convention being called the following gentlemen voted for Mr.
Saunders, viz :

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Young,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, Winchester,
Springer, (Prest.,)— -21.

And the following gentlemen for Mr. Bradley, viz :

Messrs. Ayers, Messrs. Hall,

Cotton, Johnston,

Messrs. Day, Messrs. Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Harris, Solomon — 14.

Whereupon, Mr. Saunders was declared duly elected Secretary of the
Convention.

Mr. Gray nominated for Assistant Secretary, ELLSWORTH N. BATES,
of the County of Linn ;

Mr. Palmer nominated H. BURNS, of the County of Johnson;

Upon a call of the Convention the following gentlemen voted for Mr.
BATES, viz:

Messrs. Bunkej*, Messrs.. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Young,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, Winchester,
Springer, (Prest.,)— 21.

And the following gentlemen for Mr. Burns, viz:

Messrs. Ayers, Messrs. Harris,

Cotton, Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Hail, Solomon — 14.

Whereupon, Mr. Bates was declared duly elected Assistant Secretary
of the Convention.

Mr. Gower nominated for Sergeant- at- Arms, SAMUEL C. TKOW-
BRIDGE, of the County of Johnson ;

Mr. Gillaspy nominated D. F. GALORD, of the County of Wapello ;

Upon a call of the Convention the following gentlemen voted for Mr.
Trowbridge, viz:

•

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Young,

Ells, Todhunter,

Gower, Tracr,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, Winchester,
Springer, (Prest.,) — 21.

And the following gentlemen for Mr, Galord, viz:

Messrs. Ayers, Messrs. Harris,

Cotton, Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Hall, Solomon— 14.

Whereupon, Mr. Trowbridge was declared duly elected Sergeant-at-
Arms of the Convention.

Mr. Todhunter nominated for Door Keeper, FRANCIS THOMPSON ;
Mr. Ayers nominated J. PAGE ;

The Convention being called, the following gentlemen voted for Mr,
Thompson, viz :

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Young,

Ells, Todhunter,

(rower, Traer,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, Winchester,
Springer, (Prest.,)— 21.

the following gentlemen for Mr. Page, viz ;

Messrs. Ayres, Messrs, Harris,

Cotton, Johnston,

Day, Palmer)

Messsrs. Emerson,
Gibson,
Gillaspy,
Hall,

Messrs. Patterson,
Price,
Robinson,
Solomon — 14.

Whereupon, Mr. Thompson was declared duly elected Door Keeper of
the Convention.

Mr. Wilson nominated J. H. MERRITT, for Fireman ;

No other nomination being made Mr. Merritt was unanimous!/
elected.

Mr. Winchester nominated JAMES HAWKINS for First Messenger ;

Mr. Hall nominated WILLIS CONARD ;

Upon these nominations the Convention voted as follows, viz:

For James Hawkins —

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Hollingsworth,

Marvin,

For Willis Conard —

Messrs. Ayers,
Cotton,

Day,
Emerson,
Gibson,

Gillaspy,

Hall,

Messrs. Parvin,
Scott,
Seely,
Skiff,
Young,
Todhunter,
Traer,
Wilson,
Winchester,
Springer, (Prest.,)— 20.

Messrs. Harris,

Johnston,

Palmer,

Patterson,

Price,

Robinson,

Solomon — 14.

Whereupon, James Hawkins was declared duly elected First Messen
ger of the Convention.

Mr. Seely nominated for Second Messenger, GEORGE CLEARMAH ;

Mr. Hall nominated WILLIS CONARD ;

Upon these nominations the Convention voted as follows, viz:

For George Clearman —

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Scott,

Edwards, Young,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Rollings worth, Wilson,

Marvin, Winchester,
Springer, (Prest.,)— 21.

For Willis Conard—

Messrs. Ayers, Messrs. Harris,

Cotton, Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Hall, Solomon — 14.

Whereupon, George Clearman was declared duly elected Second Mes-
senger of the Convention.

Mr. Todhunter offered the following resolution :

Resolved, That the members elect of this Convention be and they
are hereby required severally to take an oath to support the Constitution
of the United States and to faithfully discharge their duties as delegates
to this Convention.

Mr. Skiff moved as a substitute for said resolution the following :

Resolved, That the members of this Convention be and are hereby
requested severally to take an oath to support the Constitution of the
United States and the Constitution of the State of Iowa and to faith-
fully discharge the duties of delegates to this Convention.

Mr. Traer moved that the substitute be laid on the table : which motion
was agreed to.

Mr. Clarke, of Henry, moved that the original resolution be. laid on
table : which motion was not agreed to.

The resolution offered by Mr. Todhunter was then adopted.

Mr. Clarke, of Johnson, moved that the Sergeant- at- Arms be die-
patched for an officer to administer the oath to the members of the Con-
vention : which motion was agreed to.

Mr. Gray offered the following resolution :

Resolved, That the rules governing the present House of Represen-
tatives of this State be adopted temporarily so far as applicable for the
government of this Convention until otherwise ordered.

Mr. Wilson moved to amend the resolution by striking out the words
u present House of Representatives of this State" and inserting the
words " Constitutional Convention of 1846 with the exception of Rule
10 : "

Which amendment was agreed to and the resolution as amended was
adopted.

Mr. Edwards offered the following resolution :

Resolved, That the Sergeant-- at- Arms be instructed to procure of the
Secretary of State for the use of each member of this Convention a
copy of the Code of Iowa and the Acts of the Session of the Legisla-
ture of 1855-6 ;

Which resolution was adopted.

Mr. Todhunter offered the following resolution :

Resolved, That a committee of eight members be appointed of equal
number from each Congressional District, whose duty it shall be to re-
port a method for conducting the business and deliberations of the Con-
vention and to designate the necessary Standing Committees.

Mr. Hall moved that the resolution be laid on the table : which motion
was agreed to.

Mr. Wilson offered the following :

Resolved, That fifteen committees be appointed by the President to
which shall be referred so much of the Constitution and other matters
as relate to the specific subjects hereinafter designated as appropriate
to each Committee —

1. A committee on the Legislative Department, to consist of five
members.

2. A committee on the Executive Department, to consist of three
members.

3. A committee on the Judicial Department, to consist of five
members.

4. A committee on the Apportionment of Representation, to consist
of seven members.

5. A committee on the Elective Franchise, to consist of three mem-
bers.

6. A committee on Corporations, other than corporations for bank-
ing, to consist of three members.

7. A committee on Banking and Currency, to consist of five members.

8. A committee on Public Debt, to consist of three members.

9. A committee on Education and School Lands, to consist of three
members.

10. A committee on Militia to consist of three members.

11. A committee on Finance and Taxation, to consist of five mem-
bers.

12. A committee on the Public Institutions of the State, to consist
three members.

lo. A committee on the Preamble and Bill of Rights, to consist of
five members.

14. A committee on Future Amendments of the Constitution, to con-
sist of three members.

15. A committee on such miscellaneous subjects and propositions as
are not referred to in the foregoing fourteen committees, to consist of
five members.

Mr. Johnston moved that the resolution be laid on the* table subject to
the order of the Convention ;
Which motion was agreed to.

Mr. Clarke, of Johnson, presented the following resolution :
Resolved, That a committee of five be appointed to draft rules for

the government of this Convention ;

Which resolution was adopted and the Chair appointed the following

gentlemen, viz: Messrs. Clarke, of Johnson, Johnston, Edwards, Hall

and Bunker.

Mr. Palmer offered the following :

Resolved, That the Secretary of this Convention be instructed to pro-
cure for each delegate twenty-five daily newspapers, or their equivalent
in other newspapers, at the option of the delegate ;

Mr. Johnston moved that the resolution be laid upon the table subject
to the order of the Convention ; which motion was agreed to.

Mr. Clarke, of Johnson, offered the following :

Resolved, That John Teesdale be employed to print one hundred
copies of the present Constitution of this State, for the use of the mem-
bers of this Convention ; also, two hundred copies of the act of Ihe
Legislature authorizing the calling of the Convention.

Mr. Hall moved that the resolution be laid upon the table subject to
the order of the Convention ;"

Which motion was agreed to.

Mr. Clarke, of Henry, offered the following resolution :
Resolved, That this Convention will employ a Reporter, to report the
Debates and Proceedings of this Convention, and that a committee of
2

three be appointed bj the President to ascertain and report the name
of a competent and suitable person to be thus employed : and also re-
port a plan for the publication of the Debates and proceedings :

Which resolution was adopted, and the Chair appointed Messrs. Clarke,
of Henry, Hall and Clarke of Johnson said committee.

Mr. Ells, from the committee to whom was referred the communica-
tions respecting the invitations from the cities of Dubuque and Daven-
port, reported verbally, that the committee had not been able to agree,
and requested of the Convention further time for consideration.

Mr. Warren moved that the committee be instructed to report at the
afternoon session ;

Which motion was agreed to.

The President laid before the Convention the following communica-
tion :

To the. President of the Constitutional Convention of Iowa :
HONORED SIR :

I herewith present to the members of the Conven-
tion copies of a Journal of Debates containing the terms upon which a
similar publication of the doings and debates of the body over which
you preside may be published so as to be subject only to newspaper
postage, should it be the pleasure of the Convention.

Yours, respectfully,

S. STORKS HOWE.
IOWA CITY, January 20th, 1857.

Mr. Clarke, of Henry, from the committee on Reports made the
following

REPORT.

The committee appointed to ascertain and report the name of a suit-
able and competent person to be employed as Reporter for this Conven-
tion, report the name of W. Blair Lord, of Baltimore, now present.

R. L. B. CLARKE.

Chairman.
On motion the report was adopted.

On motion of Mr. Warren the Convention then adjourned till two
o'clock this? afternoon.

TUESDAY AFTERNOON.

At two o'clock P. M. the Convention again assembled, pursuant to
adjournment.

Judge T. II. Lee appeared before the Convention, and administered
to the members, respectively, the oath or affirmation, in accordance with
the resolution adopted this morning.

Mr. Ells, from the committee to whom was referred the communica-
tions respecting the invitations from the cities of Dubuque and Daven-
port, made the following

REPORT.

The committee to whom was referred the invitations of the city au-
thorities of Davenport and Dubuque to hold the sittings of this Con-
vention in their respective cities and partake of the hospitalities of their
citizens, have had said matter under consideration and the majority of
the committee have instructed me to offer for adoption the following
resolution :

Resolved, That while we duly appreciate the patriotic motives of the
city authorities of Davenport and Dubuque in thus tendering the hospi-
talities of their respective cities, we deem it inexpedient to accept of
either of those invitations at this time.

GEO. W. ELLS,
Chairman.

Mr. Clark, of Alamakee, moved that the report be accepted and the
committee discharged ;

Which motion was agreed to.

Mr. Ells moved to amend the proposed resolution of the committee by
striking out the word "inexpedient" and inserting the word "expedient:"
also, by striking out the words "of either" and inserting the word
"one," making the resolution to read as follows :

Resolved, That while wo duly appreciate the patriotic motives of the
city authorities of Davenport and Dubuque in thus tendering the hospi-
talities of their respective cities, we deem it expedient to accept one of
those invitations at this time.

Mr. Parvin moved to lay the amendment on the table ;

Which motion was not agreed to.

Jpon the question of agreeing to the amendment, the yeas and nays
/ere demanded and it was decided in the affirmative as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Patterson,

Clark, of Alamakee, Price,

Colton, Robinson,

Day, Scott,

Edwards, Seely,

Ells, Skiff,

Emerson, Solomon,

Gibson, Todhunter,

Gillaspy, Warren,

Hall, Hollingsworth— 22

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Palmer,

Gower, Parvin,

Gray, Young,

Harris, Traer,

Wilson, Winchester,
Springer, (Prest.)— 13.

Mr. Emerson moved to further amend the resolution, by designating
Dubuque as the city whose invitation shall be accepted.

It was moved that the amendment be laid upon the table ;
Which motion was agreed to.

The question now being upon the adoption of the resolution as amend-
ed, the yeas and nays were demanded, and it was decided in the affirm-
ative as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Johnston,

Colton, Patterson,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Emerson, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Hall, Todhunter,

Hollingsworth, Warren — 20.

NAYS.

'Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Young,

Gower, Traer,

Gray, Wilson,

Harris , Winchester ,
Springer, (Prest.)— 15.

Mr. Parvin moved that a committee of two be appointed to proceed
to the cities of Dubuque and Davenport to ascertain and report upon
the accommodations which can be afforded by them respectively.

Mr. Clarke, of Henry, moved as a substitute, that the invitation of
the city of Davenport be accepted.

Mr. Emerson moved to amend the substitute by inserting Dubuque
instead of Davenport.

Mr. Edwards then moved to lay the whole subject upon the table until
ten o'clock to-morrow morning ;
Which motion was agreed to.

Mr. Patterson offered the following :

Resolved, That A. T. Walling be admitted to the Hall of the Con-
vention as reporter for the Keokuk Times and J. B. Howell as reporter
for the Gate City ;

Which resolution was adopted.

Mr. Clarke, of Johnson, moved that S. S. Howe be admitted to the
Hall of the Convention as reporter for the Iowa City Republican ;
Which motion was agreed to.

Mr. Wilson moved to take up the resolution offered by him this morn-
ing relative to the appointment of committees, said resolution having
been laid upon the table subject to the order of the Convention ;

Which motion was agreed to, and the resolution was read by the
Secretary.

Mr. Traer moved to strike out all after the word 'Resolved? and insert
as follows :

"That the following list of Standing Committees be appointed by
the President —

1. A committee of five members upon the Preamble and Bill of
Rights ;

2. A committee of three upon the Right of Suffrage and Distribution
of Powers;

3. A committee of seven upon the Legislative Department;

4. A committee of three upon the Executive Department;

5. A committee of five upon the Judicial Department ;

6. A committee of three upon the Militia and Military Affairs ;

7. A committee of five upon State Debts ;

8. A committee of five upon Incorporations and Banking ;

9. A committee of five ujfpn Education and School Lands ;

10. A committee of three upon Amendments to the Constitution ;

11. A committee of three upon Miscellaneous Subjects,

Mr. Clarke, of Henry, offered the following as a substitute :

Resolved, That a committee of five be appointed by the Chair to
report the number and character of the Standing Committees for this
Convention ;

Which was adopted, and the Chair appoint Messrs. Clarke, of Henry,
Johnston, Parvin, Traer and Wilson said committee.

Mr. Clarke, of Johnson, moved to take up the resolution offered by him
this morning respecting the printing of the Constitution of Iowa arid
the Act authorizing the calling of the Convention, said resolution hav-
ing been laid upon the table subject to the order of the Convention :

Which motion was agreed to, and the resolution was then adopted.

Mr. Todhunter offered the following :

Resolved, That the Reporter of this Convention be furnished with
stationary and documents such as is furnished to members of this body ;
Which was adopted.

Mr. Edwards moved to reconsider the vote by which tlie whole subject
respecting the invitations of the cities of Davenport and Dubuque was
laid upon the table until to-morrow morning :

Which motion was not agreed to.

Mr. Clarke, of Johnson, offered the following resolution :

Resolved^ That the Secretary <^f State be authorized to purchase for
the use of the members of this Convention, thirty-seven copies of the
Constitution of the several States and Union published by Barnes :

Which resolution was adopted.

On motion of Mr. Edwards,

The Convention then adjourned until to-morrow morning at ten
o'clock.

WEDNESDAY MORNING, JANUARY 21, 1857.

At tan o'clo3k A. M. the Convention came to order, the President in
the Chair.

Prayer was offered by Rev. Mr. Kynett.

The Journal of yesterday's proceedings was read by the Secretary
and approved.

Mr. Hall presented the credentials of John II. Peters, member elect
from the Thirty-first Senatorial District :

Which were received, and Mr. Peters, after having had the oath ad-
ministered to him by the President, took his seat in the Convention.

Mr. Clarke, of Johnson, from the committee on rules for the gov-
ernment of the Convention, made the following

REPORT.

The committee on Rules recommend the adoption of the following
rules for the government of the Convention :

RULES OF 'THE CONVENTION.

1. The President shall take the chair every day precisely at the hour
to which the Convention shall have adjourned on the preceding day ;
shall immediately call the Convention to order, and on the appearance
of a quorum shall cause the journal to be read.

2. He shall preserve order and decorum, and may speak to points of
order, in preference to other members, rising from his seat for that pur-
pose, and shall decide questions of order, subject to an appeal to the
Convention by any two members.

3. He shall rise to put a question, but may state it sitting.

4. Questions shall be distinctly put in this form, "as many as are of
opinion that, (as the case may be,) say "aye," and after the affirma-
tive voice is expressed, "as many as are of the contrary opinion, say
no." If the President doubt, or a division be called for, the Conven-
tion shall divide ; those in the affirmative of the question shall first rise
from their seats, afterwards those in the negative.

5. The President shall examine and correct the journal before it is
read. He shall have the right to name any member to perform the
duties of the chair, but such substitution shall not extend beyond an
adjournment.

6. All committees shall be appointed by the President, unless other-
wise specially ordered by the Convention, in which case they shall be
elected viva voce.

7. The first named member of any committee shall be its chairman,
and in his absence, or being excused by the Convention, the next named
member, and so on, unless the committee, by a majority of their num-
ber, elect a chairman.

8. All addresses and motions shall be made to the President ; the
member rising from his seat for that purpose, and shall confine himself
to the question under debate, and avoid personality.

9. On any question the yea nd nays shall be taken if requested by
two members

10. When a question is under debate, no motion shall be received
but to adjourn, to lie on the table, for the previous question, to post-
pone to a day certain, to commit or amend, to postpone indefinitely ;
which several motions shall have precedence in the order in which they
are arranged.

11. A motion to adjourn, and a motion to fix a day on which the
Convention shall adjourn, shall always be in order. The motion to
adjourn and the motion to lie on the table shall be decided without de-
bate.

12. The previous question shall be put in this form, — "shall the
main question now be put?" It shall only be admitted when demanded
by a majority of the members present, and its effect shall be to put an
end to all debate, and bring the Convetion to a direct vote upon amend-
ments reported by a committee, if any, then upon pending amendments,
and then upon the main question ; on a motion for the previous ques-
tion, and prior to demanding the same, a call of the Convention shall
be in order, but after a majority shall have demanded such motion, no
call shall be in order prior to the decision of the main question.

13. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided by
the President without debate, but subject to an appeal.

14. When a motion has been made and carried in the affirmative or
negative, it shall be in order for any member voting with the majority

to move for a reconsideration thereof, on the same or succeeding day
of the sitting of the Convention, and such motion shall take precedence
•of all other motions, except the motion to- adjourn.

15. The rules of parliamentary practice comprise! in Jefferson's
Manual, shall govern the Convention in all cases in which they are ap-
plicable, and in which they are not inconsistent with the standing rules
and orders of the Convention.

W. PENN CLARKE,

Chairman.

The report of: the committee was accepted, and

On motion of Mr. Johnston, it was laid upon the table for the
present.

Mr. Clarke, of Henry, from the Committee on Standing Committees,
made the following

REPORT.

The Committee on Standing Committees for the Convention, report-
That there be twelve committees of five each, to be appointed by the
President, viz:

1st. On Preamble and Bill of Rights.

2nd. On Right of Suffrage ;

3d. On Destribution of Powers and Legislative Department ;

4th. On Executive Department ;

5th. On Judicial Department ;

6th. On Militia ;

7th. On Staje Debts ;

8th. On Incorporations ;

9th. On Education and School Lands ;

10th. On Amendments to the Constitution ;

llth. On Miscellaneous Matter ;

12th. On Schedule ;

Intending hereby to provide a Standing Committee for each separate
article of the Constitution, to which appropriate Committee the same
shall be referred, together with such other matters as shall relate to the
same.

R. L. B. CLARKE,

Chairman.

Which report was adopted.
2*

The President then appointed the Standing Committees as follows :

On Preamble and Bill of Rights— Messrs. Ells, Day, Winchester,
Cotton and Clark of Alamakee.

On Right of: Suffrage — Messrs. Edwards, Patterson, Gower, Harris
and Hollingsworth.

On Distribution of Powers and Legislative Department — Messrs.
Parvin, Johnston, Traer, Emerson and Seely.

On Executive Department — Messrs. Todhunter, Ayers, Marvin, Price
and Gray.

On Judicial Department — Messrs. Clarke, of Johnson, Solomon,
Wilson, Hall and Clarke, of Henry.

On Militia — Messrs. Skiff, Gillaspy, Hollingsworth, Hall and Pat-
terson.

On State Debts — Messrs. Wilson, Gibson, Warren, Ayers and
Scott.

On Incorporations — Messrs. Clarke, of Henry, Skiff, Johnston,
Parvin and Emerson.

On Education and School Lands — Messrs. Marvin, Hall, Edwards,
Ells and Harris.

On Amendments to the Constitution — Messrs. Warren, Clark, of
Alamakee, Banker, Day and Gibson.

On Miscellaneous Matter — Messrs. Bunker, Palmer, Clarke, of John-
son, Traer and Robinson.

On Schedule — Messrs. Young, Gillaspy, Todhunter, Gray and
Cotton.

Mr. Todhunter offered the following resolution :

Resolved, That the Secretary of this Convention make an arrange-
ment with the Post Master, for the payment of postago ef the members
and officers of this Convention, in the same manner as has been here-
tofore made with the General Assembly of this State ;

Which resolution was adopted.

Mr. Skiff moved to take up the subject which was laid on the table
until this morning, relative to the invitations of the cities of Dubuque
and Davenport :

Which was agreed to.

Mr. Skiff moved to reconsider the vote, by which the resolution as
reported by the Committee and subsequently amended, was adopted.

Mr. Winchester moved that the whole subject be indefinitely post-
poned.

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Clark, of Alamakee,
Edwards,
Gibson,
Gower,
Gray,
Harris,
Hollingsworth,

NAYS.

Messrs. Clarke, of Henry,
Cotton,

v*y?

Ells,

Emerson,
Gillaspy,
Hall, '
Johnston,

Messrs. Marvin,
Palmer,
Parvin,
Skiff,

Todhunter,
Traer,
Wilson,
Winchester,
Young,
Springer, (P.) 20.

Messrs. Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Solomon,
Warren, — 16.

Mr. Clarke, of Johnson, moved that a committee of two be appoint-
ed to examine the Halls which have been offered for the use of this Con-
vention, and report at a future sitting ;

Which motion was agreed to, and the Chair appointed Messrs. Tod-
hunter and Harris said Committee.

Mr. Patterson offered the following resolution :

flesolved. That the President of this Convention be and is hereby
authorized and requested to invite a minister to open this Convention
each morning with prayer ;

Which resolution was adopted.

Mr. Palmer moved to take up the resolution which was laid on the
table yesterday, relative to procuring newspapers for the members of
the Convention ;

Which motion was agreed to.

Said resolution having been read, as follows :

Resolved that the Secretary of this Convention be instructed to pro-
cure for each delegate twenty-five daily newspapers, or their equivalent
in other newspapers, at the option of the delegates.

Mr. Edwards moved to amend the resolution by striking out "twenty-
five copies" and inserting "five copies each of the Iowa City Daily
Republican and Capital* Reporter:"

Which motion was not agreed to.

Mr Clark, of Alamakee, moved to amend the resolution by inserting
"ten" instead of "twenty- five ;"
Which motion was agreed to,
And the resolution, as amended, was adopted.

Mr. Emerson offered the following resolution :

Resolved, That H. D. La Cossitt be admitted to a seat on this floor as
reporter for the North West, published at Dubuque :
Which was adopted.

Mr. Wilson moved to take up the report of the Committee on Rules,
which was laid on the table this morning :
Which motion was agreed to.

Mr. Clarke, of Johnson, then moved to amend said report, by incor-
porating in it the arrangement of the Standing Committees, as agreed
upon this morning :

Which motion was agreed to,

And the report, as amended, was adopted.

Mr. Clarke, of Johnson, offered the following resolution :
Resolved, That John Teesdale be employed to print two hundred
copies of the Rules and Standing Committees of this Convention :
Which resolution was adopted.

Mr. Wilson offered the following resolution :

Resolved, That there be appended to the printed rules of this Con-
vention, a list of the names of members and officers, together with the
age, occupation, nativity and post-office address of the respective mem-
bers and officers :

Which resolution was adopted.

Mr. Warren offered the following :

Resolved, That. P. Moriarty be admitted to a seat on this floor as
reporter for the Maquoketa Excelsior :
Which resolution was adopted.

Mr. Clarke, of Johnson, moved that the various subjects embraced
by the Constitution of this State, be referred appropriately to the respec-
tive Standing Committees :

Which motion was agreed to.

Mr. Wilson offered the following, and moved its reference to the
committee on the Legislative Department :

Resolved, That it is expedient to amend the Sixteenth Section of
Article III of the present Constitution, relating to the Legislative De-
partment by inserting between the words "other" and "and" in the
fourth line of said section the following words : "and on the final pas-
sage of all bills, the vote shall be by ayes and noes, and shall be entered
on the Journal ; and no bill shall become a law without a concurrence
of a majority of all the members elect in each house."

Which was agreed to, and the resolution was so referred.

Mr. Clark, of Alamakee, offered the following resolution :

Resolved, That the proprietor of any newspaper in this State be
entitled to have a reporter in this Hall, without a special vote for that
purpose :

Which was adopted.

Mr. Gillaspy offered the following resolution :

Resolved, That the Convention do meet in this Hall until otherwise
ordered.

Mr. Wilson moved that the resolution be laid on the table ;
Which motion was not agreed to.
The resolution was then adopted.

On motion of Mr. Johnston,

The Convention then adjourned until ten o'clock to-morrow morning .

THURSDAY MORNING, JANUARY 22, 1857.

At ten o'clock, A. M., the President took the Chair and called the
Convention to order.

Prayer was offered by the Rev. Mr Kynett.

The Journal of yesterday's proceedings was read by the Secretary
and approved.

The President laid before the Convention the following correspon-
dence :

4 -IOWA CITY, IOWA,

January 21, 1857.
Dear Sir:

Being authorized by a resolution of the Constitutional
Convention over which I have the honor to preside, to "invite a minis-
ter to open the Convention each morning with prayer," I take pleasure
in inviting you to act in the capacity of chaplain of this body.
Very respectfully j

Your Ob't Serv't.,

FRANCIS SPRINGER.
REV. Mr. KYNETT, Iowa City, Iowa."

IOWA CITY, IOWA,

January 21, 1857.
HON. FRANCIS SPRINGER,

President of the Constitutional Convention : —
DEAR SIR:

Your note inviting me to act as chaplain of the body
over which you preside, is receive^. Grateful for the confidence repos-
ed in me, I shall take pleasure in serving you to the best of my ability.
Very respectfully,

Your most Ob't Serv't.,

ALPHA J. KYNETT.

The President laid before the Convention the petition of George
Freeley and eighty -three others, praying -that the basis of the Illinois
Banking Law, and a certain form of township organization therein
specified, be incorporated in the Constitution ;

Which was read, and

On motion of Mr. Wilson, was referred to the Committee on Cor-
porations.

Mr. Clarke, of Johnson, offered the following :

Resolved, That John Teesdale be employed to do the incidental
printing of the Convention, at the prices now paid the State Printer
for similar kinds of work ;

Which resolution was adopted.

Mr. Clarke, of Johnson, offered the following resolution :
Resolved, That John Quaintance be appointed Assistant Fireman of

this Convention, whose duty it shall be to attend to the committee

rooms ;
Which was adopted.

The committee appointed to examine the Halls which have been offer-
ed for the use of the Convention made the following

REPORT.

The committee appointed to examine the Halls tendered by the city
authorities of Iowa City for the use of this Convention, have attended
to that duty, and beg leave to report that in the opinion of your com-
mittee it is inexpedient to remove to either of said Halls.

A. HARRIS, ) p
LEWIS TODHUNTER. \ L

Which report was Deceived and the committee discharged.

A resolution having been adopted yesterday, subsequent to the ap-
pointment of the committee, relative to the subject of a place of meet-
ing, further action upon the report was deemed unnecessary.

Mr. Ells offered the following resolution :

Resolved, That the standing rules of this Convention be amended by
striking out the words ''Jefferson's Manual" and inserting the words
"Cushing's Manual:" and that the Secretary of State furnish each
member with a copy of Cushing's Manual;

Which resolution was adopted.

Mr. Harris moved a re- consideration of the vote of yesterday by
which the number of newspapers allotted to each member is limited to
ten dailies, or their equivalent ;

Upon this question the yeas and nays were demanded, with the fol-
lowing result :

YEAS.

Messrs. Ajers, Messrs. Harris,

Bunker, Marvin,

Clarke, of Henry, Palmer,

Clarke, of Johnson, Peters,

Ells, Scott,

Emerson, Todhunter,

Gibson, Wilson,
Gillaspy — 15.

NAYS.

Messrs. Clark, of Alamakee, Messrs. Price,

Cotton, Robinson,
Day, Seely,

Edwards, Skiff,

ftowejr, Solomon,

Gray, Traer,

Hall, Warren,

Hollingsworth, Winchester,

Parvin, Young,

Patterson, Springer, (P)20.

So the motion to reconsider was not agreed to.

Mr. Hall offered the following resolution :

Resolved, That the Secretary of State be requested to furnish this
Convention with a list of the organized Counties in this State ;
Which resolution was adopted.

Mr. Palmer offered the following as an addition to the Rules of the
Convention :

""Previous notice of one day shall be given of every proposed amend -
imentito these rules ;"

Which was adopted.

Mr . Hall offered the following :

Resolved, That the Secretary of State furnish each member of this
'Convention with a copy of Parker's Sectional Map of Iowa in pocket
form ;

Which resolution was adopted.

On motion of Mr. Parvin,

The Convention then adjourned until ten o'clock to-morrow morning.

FRIDAY MORNING, JANUARY 23, 1857.

At ten o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of the proceedings of yesterday was read and approved.

Mr. Clarke, of Johnson, from the Committee to employ a Reporter
and report a plan for the publication of the Debates and Proceedings,
made the- following

REPORT.

The Committee to whom was referred the subject of employing a
Reporter to report the Proceedings and Debates, etc., of the Convention,
beg leave to submit the following additional report :

1. That three thousand copies of the Proceedings and Debates of
this Convention be published in book form to correspond in size, ap-
pearance and workmanship with the Debates of the Massachusetts Con-
stitutional Convention, on good paper, each page of which book shall
contain at least three thousand ems of solid matter.

2. That it shall be the duty of the Reporter to report at length and
accurately the proceedings and debates of the Convention, to perform
which he shall employ at his own expense, and be responsible for, the
necessary corps of Reporters, and that the report of each day's pro-
ceedings of the Convention shall be ready for delivery to the Printer as
soon as the same can be written out, and as rapidly as he may require
the same.

8. That the Reporter shall be allowed as a full compensation for his
services the sum of three dollars per page ; and the President is hereby
authorized, from time to time, to furnish the said Reporter the neces-
sary certificates on the Auditor of State, for such sums of money as
may be necessary to enable the said officer to meet his necessary expen-
ditures, not at anytime to exceed the amount of labor performed.

4. That A. P. Luse & Co. be employed to print and bind the said
Proceedings and Debates ; and that they be allowed for said work th«
prices now paid the State Printer for similar kinds of work.
3

5. That it shall be the duty of the said A. P. Luse & Co., within
thirty hours (unavoidable delays excepted) after the delivery of the
copy of the proceedings and debates of each day to place upon the
desk of each member of the Convention & proof sheet of said day's
proceedings, &c.

6. That it shall be the duty of each member of the Convention at
once to examine the said proof sheets and correct any errors that may
be found therein ; and the said proof sheets shall then be returned to
the said printers, to make the necessary corrections.

7. That as soon thereafter as possible, and not to exceed forty-eight
hours, after the return of said proof-sheet, the said A. P. Luse & Co.,

shall print on a good quality of newspaper paper copies of

each form of said proceedings and debates for each member, for distri-
bution, which said sheets shall be placed upon the desks of the members
without delay, after which the said printers shall proceed to print the
volume above provided for, without delay.

8. That the President of the Convention be authorized to draw cer-
tificates of payment in favor of the said A. P. Luse & Co., on the
Auditor of State, as the said parties may require means to -prosecute
the work ; provided that the payments made to said A. P. Luse & Co.,
during the progress of the work, shall not exceed three-fourths of the
value or amount of work performed ; and provided, further, that if the
said parties fail to perform the said work, or complete the same, after
the same has been commenced, they shall forfeit the amount due for
work already performed and unpaid for ; and the said A. P. Luse &
Co. shall also execute to the State a bond similar to that required of
the State Printer.

9. That it shall be the duty of the Secretary of State, to furnish the
said A. P. Luse & Co., with the necessary paper for printing the said
work herein specified, as the same may be required by the said printers,

10. That the said volume shall be bound in sheep binding.

11. That a Committee of three be appointed whose duty it shall be
to superintend the reporting and printing of the said Proceedings and
Debates.

12. The said work, during its progress, and when completed, shall
be the property of the State of Iowa.

R. L. B. CLARKE, )

J. C. HALL, > Committee.

W. PENN CLiRKE. S

Which report was accepted, and on motion, was laid on the table,
subject to the order of the Convention.

Mr. Johnston offered the following, and moved its reference to the
Committee on Distribution of Powers and Legislative Department :

Resolved, That the Committee on Distribution of Powers and Leg-
islative Department be instructed to inquire into the expediency

First — Of amending the second section of Article No. 8, of the
Constitution of Iowa, by providing for annual sessions of the General
Assembly, and fixing the day of the meeting dn the first Monday of
January ;

Second — Of amending the third section of Article No. 3, so as to
provide for the election being held oh the Tuesday after the first Monday
of November ;

Third — Of amending section No. 5 of Article No. 3 by striking
out "twenty- five" and inserting "twenty-one;"'

Fourth — Of amending section 25 of Article No. 3 by striking out
"two" and providing that the per diem of members shall be three dol-
lars until the meeting of the next General Assembly, who shall be
authorized to fix the per diem of the members of the succeeding Gen-
eral Assembly and thereafter that the per diem of members shall be
established every fifth year ;

Fifth — Of amending Article 3 by striking out sections 26 and 27 ;

Sixth — Of amending section 31 of Article No. 3 so that the census
shall be taken by the authority of the State in 1865, and every tenth
year thereafter, and then that the apportionment of members of the
General Assembly be made according to population ;

Seventh — Of amending article No. 3 by striking out section 34 ;

Eighth — Of amending Article No. 3 by adding the following sec-
tion :

"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."

Ninth — Of amending Article No. 3 by adding the following section :
"The assent of the two-thirds of the members elected to each branch
of the General Assembly, shall be requisite to every bill appropriating
the public money, or property for local or private purposes ;"

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Johnson, offered the following and moved its refer-
ence to the Committee on Judicial Department :

Resolved, That the Committee on the Judicial Department be in-
structed to inquire into the expediency of limiting for a period of
years, the number of Judges of the District Court, fixing their salaries,
apportioning the State into Judicial Districts, and providing for a re-
apportionment every five years ;

Which was adopted and the Resolution of Inquiry was so referred.

Mr. Traer offered the following and moved its reference to the Com-
mittee on Amendments to the Constitution :

Resolved, That the Committee to whom was referred so much of the
Constitution as refers to amending the same, be instructed to inquire
into the expediency of so amending the Constitution as to provide for a
vote for or against holding a Convention to amend the Constitution at
least once in ten years ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Patterson offered the following resolution :

Resolved, That the use of this room be given to the State Coloniza-
tion Society this evening ;
Which was adopted.

Mr. Todhunter offered the following resolution:

Resolved, That the Secretary of State be and he is hereby required to
furnish each Delegate with an abstract of the Census of each organiz-
ed county of the State of Iowa ;

Which was adopted.

Mr. Clarke, of Johnson, moved to take up the report of the Com-
mittee to employ a Reporter and report a plan for the publication of the
Debates and Proceedings, which was laid on the table this morning, sub-
ject to the order of the Convention ;

Which motion was agreed to.

Mr. Traer moved to fill up the blank in the seventh section of said
report by inserting the words utAventy-five ;"

Mi\ Harris moved to fill up said blank by inserting the word "fifty ;"
and

Mr. Young moved to fill up said blank by inserting the word "ten."

Upon the question of agreeing to the motion of Mr. Hams to fill up
said blank by inserting the word "fifty," the yeas and nays were dt>-
inanded, and it was decided in the negative as follows :

YEAS.
Messrs. Clarke, of Henry,

Clark, of Alamakee,
Edwards,

Scott— 7.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Cotton,
Day,
Ells,

Emerson,
Gibson,
Gillaspy,
Gower,
Hall,

Hollingsworth,
Johnston,
Patterson,

Messrs. Harris,
Marvin,
Palmer,

Messrs. Parvin,
Peters,
Price,
Robinson,
Seely,'
Skiff,
Solomon,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer(P.)28.

Upon the question of agreeing to the motion of Mr. Traer to fill up
said blank by inserting the words " twenty- five," the yeas and nays
were demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs.

Harris,

Bunker,

Johnston,

Clarke, of Henry,

Marvin,

Clarke, of Johnson,

Palmer,

Clark, of Alamakee,

Price,

Cotton,

Robinson,

Day,

Scott,

Edwards,

Seely,

Ells,

Skiff,

Emerson,

Solomon,

Gibson,

Todhunter,

Gillaspy,

Traer,

Gower,

Warren,

Winchester — 27.

NAYS.

Messrs. Hall , Messrs .

Peters,

Hollingsworth,

Wilson,

Parvin,

Young,

Patterson,

Springer, (P. )-8.

The -report as amended was then adopted and the Committee dis-
charged.

Mr. Gibson offered the following and moved its reference to the Com-
mittee on State Debts :

Resolved, That the Committee on State Debts be requested to in-
quire into the expediency of so amending the Constitution that the en-
tire indebtedness of this State shall not exceed Five Hundred Thousand
Dollars for the next ten years ;

Which was adopted and the Resolution of Inquiry was so referred.

Mr. Wilson offered the following and moved its reference to the Com-
mittee on Amendments to the Constitution :

Resolved, That the Committee to which was referred Art. 10 of the
Constitution be instructed to inquire into the expediency of so amending
said article as to embody in it the following proposition :

Any amendment or amendments to the Constitution may be proposed
in either house of the General Assembly ; and if the same shall bo
agreed to by a majority of the members elected to each of the two houses
and such proposed amendment or amendments shall be entered on their
Journals with the yeas and nays taken thereon, and referred to the Leg-
islature to be chosen at the next general election of members of the
General Assembly and shall be published in at least one newspaper in
every county where such papers may be published for two months previ-
ous to such election, and if the General Assembly so chosen shall agree
to the proposed amendment or amendments by a majority of all the
members elected to each house, then it shall be the duty of the Legisla-
ture to submit such proposed amendment or amendments to the people
in such manner and at such time as the Legislature may prescribe, pro-
vided such submission shall provide for a vote of the people before the
meeting of the next session of the Legislature ; and if the people shall
approve and ratify such amendment or amendments by a majority of all
the votes cast at such election, voting thereon, such amendment or
amendments shall become a part of the Constitution ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Henry, gave notice that to-morrow or on some future
day he would move to amend the Rules by adding the following :

Resolutions of instructions to committees shall lie upon the table one
day before reference and be debateable. Resolutions, petitions, and
memorials, praying or suggesting amendments to the Constitution shall
be referred to their appropriate committees without debate.

Mr. Parvin offered the following and moved its reference to the Com-
mittee on State Debts :

Resolved, That the Committee on State Debts be requested to in-
quire into the expediency of preventing Counties and Cities from cre-
ating a debt for the purpose of aiding incorporated companies in works
of Internal Improvement ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Todhuntei- offered the following and moved its reference to the
Committee on Distribution of Powers and Legislative Department :

Resolved, That the Committee on Legislative Department be request-
ed to inquire into the expediency of having the Constitution so amended
as to provide that every bill or resolution which shall have passed both
branches of the Legislature shall before it becomes a law be presented
to the Governor ; if he approve, he shall sign it, if not he shall return
it with his objections to the house in which it shall have originated, who
shall enter the objections at large upon their Journal and if it be not
repassed by a majority of all the members elect of each branch, the
Bame shall not become a law ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Johnson, offered the following :

Resolved, That the Reporter be instructed to omit from the Report
of Debates the debate on the subject of removal of the Convention ;

Which resolution was not agreed to.

On motion of Mr. Emerson,

The Convention adjourned until Monday afternoon next at 2 o'clock
P. M.

MONDAY AFTERNOON, JANUARY 26, 1857.

At two o'clock, P. M., the President called the Convention to order.

Prayer was offered by the Chaplain.

The Journal of Friday's proceedings was read and approved.

Mr. Edwards, from the Committee on 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 considera-
tion and have unanimously instructed me to report the same back with-
out amendment and recommend its adoption by this Convention, as
follows :

ARTICLE II. — 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 a vote at all elections which are
now or hereafter may be authorized by law.

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.

3. No elector shall be obliged to perform militia duty on the day of
election, except in time of war or public" danger.

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.

5. No idiot or insane person, or person convicted of any infamous
crime, shall be entitled to the privilege of an elector.

6. All elections by the people shall be by ballot.

JOHN EDWARDS, Chairman.

Which report having been read, it was ordered to lie on the table and
that one hundred copies to be printed for the use of the Convention.

Mr. Warren, from the Committee on Amendments to the Constitution,
presented the following

REPORT.

The Standing Committee upon Future Amendments to the Constitu-
tion, have had the same under consideration; a majority of said com-
mittee ask leave to report and recommend the following sections to the
favorable consideration of the Convention :

1. Any amendment or amendments to this Constitution may be pro-
posed in either house of the General Assembly, and if the same shall
be agreed to by a majority of the members elected to each of the two
iouses, 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 General Assembly so next chosen as aforesaid, such pro-
posed 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 Gen-
eral 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 amend-
ment or amendments shall become a part of the Constitution of this
State.

2. At the general election to be held in the year One Thousand
Eight Hundred and Sixty-seven 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, and shall be decided by the electors qualified to vote for mem-
bers 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 pro-
vide by law for the election of delegates to such Convention.

W. A. WARREN, (Chairman.)
JNO. T. CLARKE,
DAVID BUNKER.

Which report was read, ordered to be laid on the table, and that one
hundred copies be printed for the use of the Convention.

Mr.. Parvin, from the Committee on Distribution of Powers and Leg-
islative Department, made the following

REPORT.

The committee on the Distribution of Powers and Legislative Depart-
ment ask leave to report so far as relates to the former :

Your committee have had the subject of the Distribution of Powers
ef the State Government under consideration and have instructed me to
report the same as exists in our present Constitution without amend-
ment, as follows :

ARTICLE III — Of the Distribution of Powers.

1. The powers of the government of Iowa shall be divided into three
ueparate 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.

J. A. PARVIN,

Chairman.
Which report was read and ordered to lie on the table.

Mr. Warren moved to reconsider the vote by which the Report of the
€ommittee on Right of Suffrage was ordered to be printed ;
Which motion was agreed to.

Mr. Johnston then moved that the motion to print said report be laid
on the table ;

Which motion was agreed to.

Mr. Cotton moved that the Convention do now take up and proceed
to the consideration of the report of the committee on Distribution of
Powers and Legislative Department ;

Which motion was agreed to.

Mr. Cotton then moved that said report be adopted.

After some discussion,

On motion of Mr. Wilson,

The report was again laid on the table.

Mr. Traer gave notice that to-morrow, or on some future day, he would
introduce a resolution to amend the Rules, so as to require a proposition
to be read three times on three different days before being passed
finally.

•

Mr. Wilson offered the following and moved its reference to the Com-
mittee on Incorporations :

Resolved, That the committee on Corporations be instructed to in-
quire into the expediency of amending Art. 8 of the Constitution by
adding thereto the following section :

Section — . The property of corporations now existing or hereafter
created shall forever be subject to taxation the same as the property of
individuals ;

Which was adopted and the Resolution of Inquiry was so referred.

Mr. Wilson also offered the following and moved its reference to the
committee on Distribution of Powers and Legislative Department ;

Resolved, That the Committee on the Legislative Department be in-
structed to inquire into the expediency of amending that portion of Art.
8 of the Constitution which relates to the Legislative Department by
adding to said Article the following section :

Section — . No extra compensation shall be made to any officer, pub-
lic 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 pre-
existing law unless such compensation or claim be allowed by two-thirds
of the members elected to each branch of the General Assembly ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Edwards offered the following and moved its reference to the
committee on Judicial Department :

Resolved, That the committee on the Judicial Department be in-
structed to inquire into the expediency of providing for the election of
District Attorneys in lieu of: county Prosecuting Attorneys ; also to
provide for the election of the Supreme Judges by the people ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Johnson, offered the following resolution :

Resolved, That the Secretary of State be requested to furnish the
committee on the Judicial Department a statement showing the number
of Judicial Districts in this State under the laws now in force, and those
created by the Acts passed at the present session — when the terms of the
present judges expire- — the number of counties in each Judicial District
and the number of inhabitants in each county, in each of said districts ;

Which resolution was adopted.

Mr. Bunker offered the following resolution and moved its reference
to the committee on Incorporations :

Resolved, That the Committee ©n Incorporations be requested to in-
quire into the expediency of so amending the Constitution as to author-
ize the Legislature to provide for the organization of a State Bank and
branches ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Solomon offered the following and moved its reference to the
committee on Incorporations :

Resolved, That the committee on Incorporations be requested to in-
quire into the expediency of making the following or its equivalent a
part of the Constitution, to wit :

"The power of issuing paper money shall not be granted by this State;"

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clark, of Alamakee, offered the following, and moved its refer-
ence to the Committee on Incorporations :

Resolved, That the Committee on Incorporations be instructed to
inquire into the propriety of so amending the Constitution as to allow
the General Assembly to pass a General Banking Law ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Henry, offered the following :

Resolved, That this Convention consider the expediency of amend-
ing Article 4 by providing for the election of a Lieutenant Governor,
who, by virtue of his office, shall preside over the Senate, having the
right to debate in Committee of the Whole and of a casting vote in
cases of a tie, and who shall exercise all the powers and have the title
of Governor in case that office becomes vacant by death or other cause;

Which said resolution,

On motion, was referred to the Committee on Executive Department.

Mr. Price offered the following and moved its reference to the Com-
mittee on Executive Department :

Resolved, That the Committee on Executive Department be request-
ed to take under consideration the propriety

1st. Of limiting the term of office of the Executive to two years —
2d. The creation of the office of Lieutenant Governor —
3d. Restriction and qualification of the Pardoning Power —
4th. Election by the people of all State officers and regulating the
succession to office in case of removal or other disability —

5th. Restricting legislative action wherever the Legislature may be
specially called together to the passage of such acts alone as are refer-
red to in the message of the Executive, thus specially convening them ;
Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Solomon offered the following and moved its reference to tht
committee on Preamble and Bill of Rights :

Resolved, That the committee on 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 : —

"No law shall be passed prohibiting the manufacture or traffic in
property which is a production of this State, or a legitimate article of
traffic with other States and foreign nations — or destroying, or, in any
manner impairing the right of property therein ;"

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Clarke, of Johnson, offered the following, and moved its refer-
ence to the committee on Right of Suffrage :

Resolved, That the Committee on Suffrage be instructed to inquire
into the expediency of providing that all elections in this State shall be
holden on some other than the second day of the week ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Johnston offered the following and moved its reference to the
Committee on Education and School Lands :

Resolved, That the Committee on Education and School Lands be
directed to inquire into the expediency of amending Art. 9th, of the
Constitution of Iowa —

First — By providing that there be directed either by election or ap-
pointment of a Board of Education consisting of ten or twelve person
residing in different parts of the State who are interested in, and fa-
milar with the subject of Education ; that they shall be paid their nec-
essary traveling expenses and a per diem not exceeding three dollars for
four meetings in each year, and of not more than three days each ; that
they' shall be the Trustees of the State University and have the general
charge of the common arid other public schools of the State ; that they
shall have power to appoint a Secretary of their Board, who shall be their
general executive agent and required to perform such duties in connec-
tion with the Public Schools and education of the State, as the Board may
assign to him ; and that the office of Superintendent of Public Instruc-
tion be abolished.

Second — By providing for the gradual withdrawal of the School
Funds from the hands of the School Fund Commissioners and directing
the General Assembly to provide for the investment of said funds in
the bonds of the United States or of solvent interest-paying States.

Third — By providing that the entire University Fund of the State
shall be directed to the support of a State University, one and in-
divisible.

46
Fourth — By providing that the State University shall be .located afc

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Trasr moved a re-consideration of the vote by which the report
of the committee to employ a Reporter and report a plan for the pub-
lication of the Debates and Proceedings, was adopted.

Upon the question of agreeing to this motion, the yeas and nays
were demanded and it was decided in the affirmative as follows :

YEAS.
Messrs. Ayers, Messrs. Palmer,

Clark, of Alamakee, Patterson,

Cotton, Price,

Day, Robinson,

Edwards, Skiff,

Emerson, Solomon,

Gibson, Tracr,

Gray, Warren,

Hall, Wilson,

Harris, Winchester,

Hollingsworth, Young,

Johnston, Springer,(P) — 24.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Parviri,

Clarke, of Johnson, Peters,

Ells, Scott,

Gower, Seely,
Todhunter — 11.

Mr. Young moved that the report be laid on the the table until to-
morrow morning ;

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows :

YEAS.
Messrs. Ayers, Messrs. Harris,

Bunker, Hollingsworth,

Clarke, of Henry, Marvin,

Clarke, of Johns.on, Parvin,

Clark, of Alamakee, Scott,

Cotton, Seely,

Day, Todhunter,

Edwards, Traer,

Messrs. Ells, Messrs. Warren,

Gibson, Wilson,

Gower, Winchester,

Gray, Young,

Springer (Prest.,) — 25.

NAYS.

Messrs. Emerson, Messrs. Peters,
Hall, Price,

Johnston, Robinson,,

Palmer, Skiff,

Patterson, Solomon — 10.

Mr. Clarke, of Henry, offered the following and moved their refer-
ence to the committee on Right of Suffrage and the committee on Dis-
tribution of Powers and Legislative Department respectfully :

Resolved, That the committee on Suffrage inquire and report on the
expediency of referring to the 1st section of Article 2d, to the people
as a separate clause, to be voted upon so that if a majority of the voters
shall vote in favor of retaining the word "white" in said section it
shall be retained, but if a majority thereof shall vote in favor of strik-
ing it out it shall be stricken out, so that said section shall read "Every
male citizen of the United States," &c.

JResolved, That the committee on the Legislative Department inquire
and report on the expediency of amending section 4 of Art. 3, so that
t shall read, —

"Any person may be a member of the General Assembly who shall
be entitled to the right of suffrage in the States and at the time of his
election have had an actual residence in the County or District he may
be chosen to represent."

Mr. Hall moved to amend the resolutions by instructing the commit-
tees to report adversely to the propositions therein contained.

Mr. Edwards moved that the said resolutions be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.
Messrs. Ayers, Messrs. Price,

Cotton, Robinson,

Day, Scott,

Edwards, Seely,

Emerson, Skiff,

Gibson, Solomon,

Messrs. Harris, Messrs. Todhunter,
Rollings worth, Warren,

Johnston Wilson,

Palmer, Winchester,

Patterson, Young,

Peters, Springer (P)24.

NAYS.

Messrs. Bunker, Messrs. Gray,
Clarke, of Henry, Hall,

Clarke, of Johnson, Marvin,

Clark, of Alamakee, Parvin,

Gower, Traer — 10.

Mr. Peters offered the following and moved its reference to the com-
mittee on Judicial Department :

Resolved, That the Committee on the Judicial Department be in-
structed to inqure into the expediency of so amending the Constitution
as to vest the Judicial power of the State in a Supreme Court, in Dis-
trict Courts, Courts of Common Pleas, Courts of Probate, Justices of
the Peace and in such other Courts, inferior to the Supreme Court in
one or more counties as the General Assembly may from time to time
establish, and to classify and limit said Courts as follows :

The Supreme Court shall consist of five Judges, a majority of whom
shall be necessary to form a quorum or to pronounce a decision. It
shall have appellate jurisdiction only in all cases in chancery and shall
constitute a court for the correction of errors at law under such re-
strictions as the General Assembly may by law prescribe. The Supreme
Court shall have power to issue all writs and processes necessary to do
justice to parties and shall exercise supervisionary control over all infe-
rior judicial tribunals in the State. The Supreme Court shall be elected
by electing one in each Judicial District, the Chief Justice to be elect-
ed by the electors of the State at large. The State shall be divided
into four Common Pleas Districts of compact territory and bounded by
county lines, and each of said districts consisting of three or more
counties, shall be subdivided into three parts of compact territory and
bounded by county lines, and as nearly equal in population as practica-
ble— in each of "which one Judge of the Court of Common Pleas of
said district shall be elected by the electors of said sub-division. Courts
of Common Pleas shall be held in each by one of said Judges in each
of said sub -divisions, as often as the General Assembly may by law
provide, and more than one court or sitting thereof may be held at the
same time in each district. The District Court shall be composed of
tho Judges of the Courts of Common Pleas of the respective districts
and one -of the Judges of the Supreme Court, any three of whom shall

be a quorum ; and shall be holden in each sub -division at least once in
each year. And the General Assembly may for each district provide
that said court shall hold three annual sessions in not less than three
places. The General Assembly may by law authorize the Judges of
each district to fix the times of holding courts therein. The District
Court shall have original jurisdiction in all cases of law and equity and
such appellate jurisdiction as may be provided by law.

There shall be established in each organized county a Probate Court,
which shall be a court of record, open at all times and holden by one
Judge elected by the voters of the county, who shall hold his office for
the term of three years, and shall receive such compensation out of the
county treasury as shall be provided by law.

A competent number of Justices of the Peace shall be elected by the
electors in each township in the several counties ; their terms of office
shall be two years and their powers and duties shall be regulated by
law.

The Judges of the Court of Common Pleas shall immediately after
the first election under this Constitution be classified by lot so that one
shall hold office for the term of two years, one for three years, one for
four years and one for five years, the Chief Justice to be elected for
five years, and all subsequent elections the term of each of said Judges
shall be for the term of five years.

The Judges of the Court of Common Pleas shall while in office re-
side in the district for which they are elected, and their term of office
.shall be for five years ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Ayers offered the following and moved its reference to the com-
mittee on State Debts :

Resolved, That the Committee on State Debts be requested to in-
quire into the expediency of annexing to that department as an amend-
ment the following sections :

Section 2. That the State shall never assume the debts of any
county, city, town, or township, or of any corporation whatever, unless
such debt shall have been created to repel invasion, suppress insurrec-
ion, or defend the State in war.

Section 3. The General Assembly shall never authorize any county,
city, town or township by vote of its citizens or otherwise to become a
stockholder intfeny joint stock company, corporation, or association
whatever, or to raise for, or loan its credit to, or in aid of,' any such
company, association or corporation.

Which was adopted, and the Resolution of Inquiry was so referred.
4

Mr. Solomon offered the following and moved its reference to the
committee on the Legislative, Executive and Judicial Departments, re-
spectively :

Resolved, That the committees on the Legislative, Executive and
Judicial Departments, be requested to inquire into the expediency of
declaring any voter twenty- one years of age and upwards to be eligible
to any office in this State ;

Which was adopted, and the Resolution of Inquiry was so referred.

On motion of Mr. Palmer,

The Convention then adjourned until to-morrow morning at ten
o'clock.

TUESDAY MORNING, JANUARY 27, 1857.

At ten o'clock A. M. the Convention came to order, the President in
the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The President presented the petition of R. M. Wilson and fifteen
others requesting the incorporation in the Constitution of such provi-
sions as to give validity to laws respecting the observance of the Chris -
tain Sabbath ;

Which was read, and,

On motion, was referred to the Committee on Preamble and Bill of
Rights.

The President also presented the petition of Alex. £>tory and forty-
six others upon the same subject ;

Which was read, and,

On motion, was referred to the same committee.

Mr. Gowcr offered the following and moved its reference to the com-
mittee on Education and School Lands :

Resolved, That the Committee on Education and School Lands be
instructed to inquire into the propriety of locating the State University,
and devoting the School Fund entire to it : also, that the State take
all school funds, present and prospective, and pay semi- annually a per
cent, thereon; that the Auditor and Treasuer make a pro rata distribu-
tion of the interest semi- annually to the counties ; that the county
Judges draw the amount due their counties semi -annually, and distri-
bute to the school districts therein; all to be done by salaried officers,
ex qfficto, free of charge ; that the principal be a perpetual fund, the
interest only to be used ;

Which was adopted, and the Resolution of Inquiry was so referred,

Mr. Parvin offered the following and moved its reference to the com-
mittee on Right of Suffrage :

Resolved, That the Committee on the Right of Suffrage be request-
ed to inquire into the expediency of inserting a clause, as follows :

The General Assembly shall pass lawrs for ascertaining by proper
proofs the citizens who shall be entitled to the right of suffrage hereby
established ;

And further, in Sec. 1, after the word "days" insert, "and within
two years paid a state or county tax which shall have been assessed at
least ten days before the election:" Also, add to said Sec. 1, "Pro-*
vidcd, That electors otherwise qualified, between the ages of twenty-
one and twenty- two years, may vote without the payment of taxes ;"

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Edwards offered the following and moved its reference to the
Committee on Distribution of Powers and Legislative Department :

Resolved, That the committee on the Legislative Department be in-
structed to inquire into the expediency of reporting an amendment to
the Constitution, providing that the General Assembly shall not pa^s
local or special laws, in any of the following enumerated cases, that is
to say:

Regulating the jurisdiction and duties of Justices of the Peace and
Constables ;

For the punishment of crime and misdemeanors ;

Regulating the practice in Courts of Justice ;

Providing for changing the venue in civil and criminal cases ;

Granting divorces ;

Changing the names ef persons ;

For laying out, opening and working on highways, and for the elec-
tion or appointment of township trustees and supervisors ;

Vacating roads, town-plots, streets, alleys and public squares ;

Removal of county seats ;

Summoning and einpannelling grand and petit jurors and providing
for their compensation ;

For the assessment and collection of taxes for state, county, township
or road purposes ;

Providing for supporting common schools and for the preservation
of school funds ;

In relation to fees or salaries ;

In relation to interest on money ;

Providing for opening and conducting elections of State, county or
township officers and designating the place of voting :

Providing for the sale of real estate belonging to minors or other
persons laboring under legal disabilities, by executors, administrators.
guardians or trustees ;

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Hall offered the following, which, under the Rule adopted by the
Convention, will lie over one day before being acted upon :

Resolved, That after this day resolutions shall not be in order, offer-
ed for the purpose of reference to the Standing Committees, instructing
them to inquire as to the propriety of adopting indicated propo-
sitions :

Mr. Clarke, of Henry, in pursuance of notice given on Friduy last,
moved to amend the Rules by adding thereto the following :

''Resolutions of instructions to Committees shall lie upon the table;
one day before reference, and be debateable. Resolutions, petitions and
memorials, praying or suggesting amendments to the CoriStitutio.it shall
be referred to their appropriate committees without debate ;"

The question being upon the adoption of said resolution,

Mr. Skiff moved that the consideration thereof be indefinitely TH^L-
poned ;

Which motion was agreed to.

Mr. Traer offered the following, which, under the Rule adopted by
the Convention, will lie over for one day before being acted upon :

Resolved, That the Rules of order be amended by adopting the fol-
lowing order of business:

After the Journal is read the following order shall govern :

1. Petitions or memorials to be offered.

2. Resolutions.

3. Reports of Committees.

4. Communications on the President's table.

5. Reports in possession of the Convention.

6. Unfinished business.

And also the following additional Rule,

Rule 18. All Resolutions and Reports of Committees shall lie over
one day before being acted upon, except by unanimous consent.

Mr. Clarke, of Henry, offered the following :

Resolved, That the Committee on Incorporations be requested to re-
port in favor of a General Banking Law, in preference to a Stock Bank
System, and not to report in favor of both such systems ;

Mr. Parvin moved that said resolution be laid on the table until to-
morrow morning ;

Which motion was agreed to.

Mr. Wilson from the Committee on State Debts made the following

REPORT.

The Committee on State Debts to which was referred the resolutions
directing inquiry into the expediency of prohibiting counties, cities, &c.,
from becoming stockholders in joint stock companies, &c., have had the
same under consideration, and have instructed the undersigned to report
the same back to the Convention and recommend that no action be taken
thereon by the Convention.

J. F. WILSON,

Chairman.

Mr. Hams moved that the Report and. the resolutions just reported
back to the Convention, be referred to the Committee on Incorporations
with instructions to consider the subject :

Mr. Clarke, of Johnson, moved to amend by having them referred to
the Committee on Miscellaneous Matter ;

Which motion to amend was lost, and

The motion of Mr. Harris was then agreed to.

Mr. Clarke, of Henry, offered the following resolution :

Resolved, That it is not expected that Standing Committees shall

report separately upon petitions, memorials and resolutions, referred to

them, except resolutions of instructions ;
Which resolution was adopted.

Mr. Wilson from the Committee on State Debts made the following

REPORT.

The Committee on State Debts to which was referred Article 7, of the
Constitution relating to State Debts, have had the same under conside-
ration, and have unanimously agreed upon recommending the Conven-
tion to adopt the following Article upon the subject of State Debts :

ARTICLE — .

1. The credit of this 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 liabil-
ities of any individual association or corporation.

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 contingent, whether con-
tracted by virtue of one or more acts of the General Assembly, or at
different periods of time, shall never exceed the sum of One Hundred
Thousand Dollars ; 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.

8. 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.

4. Except the debts specified in the second and third sections of 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 sin-
gle work or object to be distinctly specified therein : and such law shall
impose and provide for the collection of a direct annual tax to pay,
and sufficient to pay the interest on such debt as its falls due, and also
to pay and discharge the principal of such debt within twenty years
from the time of contracting thereof ; but no such law shall take effect
until at a general election it shall have been submitted 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 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.

5. The Legislature may at any time, after the approval of such law
by the people, if no debt shall have been contracted in pursuance there-
of, repeal the same ; and may at any time, by law, forbid the contract-
ing of any further debt or liability under such law ; but the tax imposed
by such law, in proportion to the debt and liability which may have been
contracted in pursuance of such law shall remain in force and be irre-
pealable, and be annually collected, until the proceeds thereof shall have
made the provision hereinbefore specified to pay and discharge the in-
terest and principal of such debt and liability.

6. Every law which imposes, continues or revives a tax shall dis-
tinctly 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.

All of which is respectfully submitted.

J. F. WILSON,

Chairman.

Which was read, ordered to be laid on the table and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Traer moved to take up the report of the Committee to employ
a Reporter and report a plan for the publication of the Debates and
Proceedings, the vote upon which having been re- considered, was laid
upon the table until this morning ;

Which motion was agreed to.

Mr. Traer then moved to strike out the words "three thousand" in
the first section of said report :

Upon this question the yeas and nays were demanded, with follow-
ing result :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Patterson,

Cotton, Peters,

Day, Price,

Edwards, Robinson,

Messrs. Ells,

Emerson,

Gibson,

Gillaspy,

Gower,

Gray,

Harris,

Rollings worth,

Johnston,

Messrs. Scott,
Seely,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer (P.) 32.

NAYS.

.Messrs. Clarke, of Henry,
Hall,

Messrs. Skiff,

Solomon — 4.

to.

So the motion to strike out the words "three thousand" was agreed

Mr. Clarke, of Johnson, moved to strike out of the seventh section
of said report the words "twenty-five ;"

Upon this question the yeas and nays were demanded with the follow-
ing result :

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Cotton,

Edwards,

Ells,

Emerson,

Gower,

Gray,

Hollingsworth,

Johnston,

NAYS.

Messrs. Ayers,
Day,
Gibson,
Gillaspy,
Hall,
Harris,

Messrs. Marvin,
Parvin,
Peters,
Scott,
Seely ,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer, (P.) 24.

Messrs. Palmer,

Patterson,
Price,
Robinson,
Skiff,
Solomon — 12.

So the motion to strike out the words "twenty-five" was agreed to.

Mr. Trear moved to fill the blank in the first section of said report
by inserting the words "fifteen hundred ;"

Mr. Johnston moved that the whole subject be laid upon the table
until to-morrow morning ;

Which motion was not agreed to.

Mr. Clarke, of Henry, moved that the Convention adjourn until ten
o'clock to-morrow morning ;

Which motion was not agreed to.

Mr. Edwards moved that the Convention adjourn until two o'clock
this afternoon ;

Which motion was agreed to.

Mr. Clarke, of Johnson, moved that the whole subject be laid upon
the table until to-morrow at eleven o'clock ;
Which motion was agreed to.

On motion of Mr. Skiff,

The Convention then adjourned until ten o'clock to-morrow morning.

WEDNESDAY MORNING, JANUARY 28, 1857.

The President took the Chair, at ten o'clock, A. M., and called the
Convention to order.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Gower offered the following and moved its reference to the com-
mittee on Incorporations :

Resolved, That the Committee on Incorporations be instructed to
inquire into the propriety of engrafting the annexed bill in our Consti-
tution with such amendments as may be deemed necessary :
4*

SECTION 1. Be it enacted by the General Assembly of the State of
Iowa, That

are appointed commissioners to open books, and receive subscriptions

for the establishment of a bank in the city of ,

which bank shall be call THE STATE BANK OF IOWA. And as soon as
the said commissioners shall have obtained subscriptions to the amount
of five hundred thousand dollars, they shall then call a meeting of the

subscribers, in the city of , giving at least

thirty days' notice, in Jive different papers published within the State of
Iowa, of the time and place of such meeting for the general organization
of said Bank, which shall be consummated by the election of six Directors
from among said subscribers ; and as soon as said organization has
been consummated, they will then resign their trust into the hands of
the newly- elected officer of the bank.

SEC. 2. Be it enacted, That the Bank situate in the city of-

shall be called MAIN BANK, and all other banks shall be
branches thereof. The Main Bank shall only issue its notes to the
branch banks — having inserted in each note the name of the particular
bank for whose use they are intended ; and in no case shall the Main
Bank put into circulation any notes purporting to be issued by the State
Bank of Iowa, otherwise than through the branch banks.

SEC. 3. The Main Bank shall be- divided into three departments — as,
firstly, the Regulating Department ; secondly, the Issuing Depart-
ment ; and, thirdly, the Redemption Department.

The Regidating Department shall be a Board of Control, consist-
ing of three members, one of whom shall be elected by the Legislature,
one by the people, in general election, and one by an election to be held
exclusively by the Directors of the branch banks throughout the State
— the Directors of each branch being allowed to hold their meetings in
their own banking-house, to cast their votes — putting the name or
names of their candidate so voted for in a sealed package, and sending
it by mail, addressed to the President of the Board of Control, who
shall open it in the presence of the whole Board, and count the votes ;
find the one receiving a plurality of votes shall be considered duly elect-
ed. The members of the Board of Control shall hold their term of
office three years, one to be elected every year — the member elected by
the Legislature being the first President, and the oldest member of the
Board thereafter, according to the one term of his official service only.
The duties of the Board of Control shall consist in the entire manage-
ment of the organic operations of the Main Bank and branches ; for
the better and more impartial regulation thereof, they shall compose,
and have printed, a set of rules and regulations, applying, in their
effects, to each and every branch of the Main Bank, alike. The Board

of Control, or cither of them, shall also have the power to appoint
Inspectors, to visit all, or any one of, the branches, to inspect their
books, papers, and assets, generally, and report their standing to said
Board in writing — their visits being made at any time in which the
Board of Control, or any member thereof, may deem fit, and without
notice to the branch being so visited ; and if it is shown in said report
that the affairs of such branch are not in a sound condition, it shall be
the duty of the Board of Control to call upon the executive officer of
such branch, to show cause why said branch shall not be closed, and
the assets thereof taken possession of by the Main Bank, and its affairs
wound up ; and if the officer aforesaid shall not answer the call of the
Board of Control, as aforesaid, or if they shall so do, but not give
sufficient reason for the continuance of their business, it shall then be
the duty of the said Board to take possession of the assets of such
branch, and dispose of them to the best advantage — using the proceeds,
firstly, for the redemption of its issues ; secondly, for the payment of
depositors with the branch ; and, thirdly, for the payment of all other
liabilities pro rati ; and if anything be left thereafter, the same shall
be handed over to the stockholders, in proportion to their stock in said
branch as paid in ; but if there shall not be sufficient assets to meet the
first, second and third class of claims against the branch, in that case the
Directors shall be assessed in a like ratio with the amount of their stock
subscribed, whether it is all paid in or not, to the amount necessary to
liquidate the indebtedness of the bank. If there shall not be enough
assets to redeem all the notes of such branch, then, in that case, the
Board of Control shall make an assessment upon each of the other
branches, according to their capital, respectively, to make up the deficit ;
and if any branch shall neglect or refuse to comply with the require-
ments of the assessment, the Board of Control will then proceed to
close up such branch in the same manner and to the same extent as the
first.

The Issuing Department shall provide all the bank-notes intended
for circulation by the branches throughout the State, and disburse them
to the branches, in accordance with the written order of the Board of
Control — stamping upon each note the insignia of such department
belonging to the great seal thereof — entering the number, letter, date,
and denomination of each note in a register kept exclusively for that
purpose — keeping the registration of the notes of each branch sep-
arately.

The Redemption Department shall have the possession of the specie
arid securities belonging to the Bank and to the branches, and provide
a suitable fire-proof vault for security of the same, using the same only
in the redemption of the'bank-note issues of the branches — the same
having been issued from the Issuing Department aforesaid — which notes
the Department will retain until duly required to be given up by a writ-

ten order from the Board of Control, and endorsed by the cashier of
the Issuing Department.

SEC. 4. The salaries of the msmbers of the Board of Control shall

be a year, and to be regulated entirely by the

Legislature, but in no case to be decreased during their term of office.
The salaries of the subordinate officers are to be regulated by the Board
of Control, at their option.

SEC. 5. Branch banks must be organized upon the following plan —
to-wit: Whenever any persons — numbering not less than twelve, two-
thirds of whom must be residents of the county in which it is proposed
to locate the bank — shall wish to establish a branch bank, they must
first get up an instrument of writing, in which they must state the names
of the parties connected with it, their respective places of residence,
busftiess, and the amount of their present subscription, the place in
which they wish to locate their bank, the name under which it is to be
known and do business, the amount of its capital, and the term for
which it is intended that the charter shall continue ; after which the
application so arranged shall be forwarded to the Board of Control,
whose duty it will be to issue a permit, authorizing the establishment of
the bank, if they have published a notice in some paper, in the place
where it is intended to locate such bank, of such application having
been made, thirty days before granting such permit, and there exists
no objection from any one to the creation of such bank, — or if there
are objections, but which have been overruled by the Board, — the pre-
sentation of which to the Redemption Department, for safe keeping,
will consummate the bank a branch of the State Bank of Iowa. Whenever
the branch so erected shall seek for bank-notes for circulation, it must
then place in the hands of the receiving officer of the Redemption De-
partment ofte-third the amount of the notes so required in gold and
silver, as the said officer may require — this provision only extending to
three times the amount of the capital of such branch. If any branch
shall wish to obtain more notes than three times the amount of its paid
in capital, it must then give to the receiving officer of the Redemption
Department, State or United States stocks, at the rate of five percent,
less than the ruling market value in New-York City, at the time of such
deposit, dollar for dollar, of the amount of notes required for circula-
tion ; and if at any time thereafter the stock so deposited shall fall in
price three per cent, below the price at which it stood at the time of
such deposit, the receiving officer aforesaid must then notify the execu-
tive officers of such bank that they must place in his hands more stock
within ten days thereafter ; and if they do not comply therewith, he
must proceed to sell that in his hands, and apply the proceeds to the
redemption of such notes, which notes must have stamped, or printed
from steel -engraved die, upon their face the words RELIEF NOTES, by
which they will be know from all others.

SEC. 6. All the notes so put in circulation by the branch banks shall
be redeemed .by the Main Bank only ; but the branch banks must receive
the notes of any and every branch in payment of any claims due such
branch, if offered, whether the branch issuing them is solvent or not ;
but any branch so receiving such notes is not precluded from presenting
the same, if it should choose to do so, to the Main Bank for redemp-
tion ; but in no case will a branch bank be allowed to make a deposit
with the notes of other branches, for the purpose of obtaining circulat-
ing notes for its own use, either directly or indirectly. No branch bank
shall issue or put into circulation any other notes purporting to be issued
by such branch but those which it has obtained from the Issuing Depart-
ment of the Main Bank, in — .

SEC. 7. The number of branches shall be limited to that of fifty,
being properly distributed throughout the State — there not being wore
than three in any one city, or more than two in any one town, or more
than one in any one village — these numbers to be increased only by an
Jict ol: the Legislature, for the purpose of meeting the requirements of
commerce and trade in any particular locality.

SEJ. 8. The capital of each branch shall not exceed one million of
dollars in the cities, nor less than fifty thousand dollars. In the towns,
the capital of each branch shall not exceed five hundred thousand dol-
lars, nor less than forty thousand dollars. In the villages, the capital
or! each branch shall not exceed one hundred thousand dollars, nor less
than twenty-five thousand dollars.

SEC. 9. Each and every stockholder shall be held personally respon-
sible to the amount of his or her stock subscribed, over and above the
amount so subscribed for by him or her, in case it shall become neces-
sary to collect the amount to liquidate all the claims against the branch
to which they are stockholders ; but this liability shall not be enforced
until after the property, but personal and real, of the Directors of such
branch, and that of all other branches, as above stated, has been ex-
hausted in the payment of such claims.

SEC. 10. All taxes shall be assessed and collected of the banks irw
the same manner as they are of individuals ; but when a branch pays
its taxes upon its capital as assessed, the stockholders thereof shall not
f>e assessed for taxes upon the stock so held by them of such bank.

SEC'. 11. Any failure upon the part of any branch to comply with,
or conform to, the requirements of this law, or any part thereof, shall
be considered a forfeiture of its charter as such branch, and the assets,
of all kinds whatsoever, shall revert to the Board of Control, the pos-
session of which can be obtained, if any resistance be shown by the of-
ficers or stockholders of the branch so delinquent, by the issue of an

order by the clerk of the Court of directed to the sheriff

of the county in which the bank is located, or by the clerk of the Su-
preme Court of the State of Iowa, directed to any executive officer act-
ing under him, or deputized by him for this special purpose.

SEC. 12. Any officer of any branch which has failed or been closed
by the Board of Control in consequence of improper delinquencies, or
out-right frauds, shall not be eligible to hold office in any other branch
bank within this State ; and any branch violating this provision by the
appointment of any such person, and persisting in the same after due
notice having been given the officers thereof of the antecedents of such
person by the Board of Control, it shall be deemed a delinquent branch,
and as such be proceeded against by the Board of Control in like man-
ner and to the same extent as in other cases.

SEC. 13. If any branch shall wish to close its affairs, or to discon-
tinue the circulation of its notes, it will be necessary for such branch
to give the Board of Control due notice thereof, whose duty it shall be
to advertise in two daily and weekly papers, published in the city of—

of such intention, requiring the presentation

of all notes of such branch at the redemption office, within two years
thereafter, or all outstanding notes at that time will be barred from re-
demption at such office ; and that the funds belonging to such branch
will be handed to the receiver of such bank.

SEC. 14. The current expenses of the Main Bank shall be borne by
the several branches, in proportion to their capital stock — each paying
its allotted per centage, at the end of each six months, commencing on
the 1st day of January of each year, in which expenses are to be in-
cluded all payments for bank-rates, plates, papers, together with all
other expenses therewith connected, or arising therefrom.

Which was adopted, and the Resolution of Inquiry was so referred.

Mr. Traer offered the following resolution :

Resolved, That so much of the Constitution as relates to the Basis
of Representation be referred to a Special Committee of three ;
Which resolution was not agreed to.

Mr. Parvin offered the following and moved its reference to the Com-
mittee on Education and School Lands ;

Resolved, That the Committee on Education and School Lands be
requested to inquire into the expediency of making provision for tin*
education of the children of blacks and mulattoes ;

The question being upon the adoption of the resolution,
It was moved that the same be laid upon the table :

Upon this question the yeas and nays were demanded with the fol-
lowing result :

YEAS.

Messrs. Ayers, Messrs. Harris,

Cotton, Hollingsworth,

Day, Johnston,

Emerson, Palmer,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,
Solomon — 15.

NAYS.

Messrs. Bunker, Messrs. Patterson, •

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skin",

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Marvin, Winchester,

Parvin, Young,
Springer (Prest.,) — 21.

So the motion to lay the resolution on the table was not agreed to.

The question now being upon the adoption of the resolution, the yeas
and nays wrere demanded with the following result :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Seely,

Clarke, of Johnson, Skift',

Clark, of Alamakee, Todhunter,

Edwards, Traer,

Ells, Warren,

Gower, Wilson,

Gray, Winchester,

Marvin, Young,

Parvin, Springer (P. ) 20.

NAYS.

Messrs. Ayers, Messrs. Hollingsworth,.

Cotton, Johnston,

Messrs. Day, Messrs. Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,

Harris, * Solomon — 16.

So the Resolution of Inquiry was adopted and referred accordingly.

Mr. Clarke, of Johnson, moved to reconsider the vote by which the
resolution relative to the appoint of a Special Committee on the Basis
of Representation, was lost ;

Which motion was agreed to.

Mr. Harris moved to amend said resolution by inserting "seven" in-
stead of "three ;"

Which motion was agreed to and the resolution as amended, was
adopted.

Mr. Winchester offered the following :

Resolved, That until otherwise ordered, the daily sessions of this
Convention shall convene at the hour of 9 o'clock, A. M., and 2 o'clock.'
P. M. :

Mr. Traer moved to amend said resolution by striking out "9 o'clock,
A. M." and inserting "ten o'clock, A. M ;"
Which motion was agreed to.
The resolution as amended was then adopted.

Mr. Traer moved to take up the resolution offered by him yesterday
relative to an amendment to the Rules :

Which motion was agreed to.

Upon the question of adopting said resolution, it was decided in
the negative.

Mr. Clarke, of Henry, offered the following, which, under the Rule
adopted by the Convention, will lie over for one day before being a^u-d
upon :

Resolved, That the Secretary be not required to enter the whole
of any resolution, report, memorial, or petition upon the Journal, but
may enter the same by synopsis — That he be required also to furnish a
synopsis of such voluminous reports, resolutions, memorials and peti-
tions as have already been entered upon the Journal to be printed hi
their stead unless otherwise directed by a vote of this Convention in
particular cases.

Mr. Seely, offered the following and moved its reference to the Special
Committee on Basis of Representation :

Resolved, That the Committee on the Basis of Representation be
requested to inquire into the expediency of reporting a system whereby
there shall not be more than four organized counties included in one
Representative D istrict ; and when any two adjoining counties have a pop-
ulation equal to one-half of the basis of representation fixed by law they
shall be entitled to one representative yearly ; and when any one county
shall have a -like population it shall be entitled to one representative ;

Which Resolution of Inquiry was adopted, and was so referred.

Mr. Ells, from the Committee on Preamble and Bill of Rights, made
the following

REPORT.

The committee to whom was referred the Preamble and Bill of Rights
have had the same under consideration and have unanimously agreed to
the following amendments, and have instructed their Chairman to report
the same to the Convention and recommend their adoption:

Add to Sec. 2 as follows :

"And no privileges or immunities shall ever be granted that may no
be altered, revoked or repealed by the General Assembly."

Add to Sec. 9 as follows :

4 'But no person shall be deprived of life, liberty or property without
due process of law."

Substitute for Sec. 10 as follows :

' 'In all criminal prosecutions the accused shall have a right to a
speedy trial before an impartial jury of the county or district in which
the offense is alleged to have been committed ; to demand the nature
and cause of the accusation against him ; to be confronted by the wit-
nesses against him ; to have compulsory process for his own witnesses
and to have the assistance of counsel."5

Add to Sec. 11 the following :

"Nor shall any person be compelled in any criminal prosecution to be
a witness against himself."

Add to Sec. 18 as follows :

"Private roads may be opened in the manner prescribed by law, but

in every case the necessity of the road and the amount of damages

sustained by the opening thereof, shall first be determined by a jury of

disinterested freeholders and such amount, together with the expenses of

the proceedings, shall be paid by the person or persons benefitted thereby
before said road shall be opened."

The committee have also had under consideration the resolution offer-
ed by Mr. Solomon and after duly considering the same have unani-
mously agreed that it is inexpedient to recommend the incorporation of
said proposition in the Bill of Rights,

All of which is respectfully submitted.

GEO. W. ELLS,

Chairman.

Which report was read, ordered to be laid on the table, and one hun-
dred copies thereof to be printed for the use of the Convention.

Mr. Clark, of Alamakee, offered a Resolution of Inquiry, relative to
the organization of the Courts of the State, and moved its reference to
the Committee on Judicial Department :

Which, having been read, and the question being on the adoption of
the same,

Mr. Wilson moved to amend as follows : "provided said resolution be
not entered at length on the Journal ;"

Mr. Hall moved that the resolution be laid on the table :

Which was agreed to.

The consideration of the report of the Committee, to employ a Re-
porter and report a plan for the publication of the Debates and Proceed-
ings, which was laid on the table until to-day at 11 o'clock, was again
resumed.

The question being upon the motion of Mr. Traer, to fill the blank
in the first section of said report by inserting the words "fifteen hun-
dred ;"

Mr. Clarke, of Johnson, moved to insert in said blank the words
"two thousand ;"

Upon this question the yeas and nays were demanded and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Hall,

Clarke, of Johnson, Harris,

Cotton, Johnston,

Day, Marvin,

Edwards, Palmer,

Ells, Peters,

Emerson, Price,

Gower, Solomon — 16.

NAYS.
Messrs. Bunker,

Clarke, of Henry,

Clark, of Alamakee,

Gibson,

Gillaspy,

Gray,

Hollirigsworth,

Parvin,

Patterson,

Robinson,

The motion of Mr. Traer to insert in said blank the words "fifteen
hundred" was then agreed to.

Messrs. Scott,
Seely,
Skiff,

Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer(P)20.

Messrs. Palmer,
Robinson,
Solomon — 6.

Mr. Harris moved to fill the blank in the seventh section of said report
by inserting the words "twenty-six ;"

Upon this question, the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clark, of Alamakee,
Gibson,
Harris,

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Cotton,
Day,
Edwards,
Ells,

Emerson,
Gillaspy .
Gower,
Gray,,
Hall,

Hollingsworth,
Johnston,

Messrs. Marvin,
Parvin,
Patterson,
Peters,
Price,
Scott, '
Seely,
Skiff,

Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer, (P.) 30.

Mr. Palmer moved to fill the blank in said section, by inserting the
words "twenty-four;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.
Messrs. Ayers,

Clark, of Alamakee,

Gibson,

Harris,

NAYS.
Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Cotton,

Day,

Edwards,

Ells,

Emerson,

Gillaspy,

Gower,

Gray,

Hall,

Rollings worth,

Johnston,

Messrs. Marvin,
Palmer,
Robinson,
Solomon — 8.

Messrs. Parvin,

Patterson,

Peters,

Price,

Scott,

Seely,

Skiff,

Todhunter,

Traer,

Warren,

Wilson,

Winchester,

Young,

Springer, (P. )28.

Mr. Hall moved to fill said blank with the word "five ;"

Mr. Clark, of Alamakee, moved to amend said motion, as follows :
Provided, That any member shall be entitled to receive any number
of said slips not to exceed ten by relinquishing an equal number of
newspapers which he is now entitled to receive by the rules of this Con-
vention ;

Mr. Gibson moved to fill said blank by inserting the word l 'fifteen ;"

Mr. Traer moved the Previous Question : and,

Upon the question,

Shall the main question now be put ?

It was agreed to, a majority of the members present voting therefor.

The question now being upon the motion of Mr. Gibson to fill said
blank with the word "fifteen,"
Said motion was disagreed to.

Upon the question of agreeing to the amendment proposed by Mr.
Clark, of Alamakee,

Said amendment was disagreed to.

Upon the question of filling said black with the word "five,"
It was disagreed to.

It was then moved that said blank be filled with the word "two ;"

Which motion was agreed to ; and,

On motion of Mr. Parvin,

The report, as amended, was adopted.

Mr. Gillaspy moved that Mr. Johnston be added to the Standing
Committee on Militia ;

Which motion was agreed to.

The President then announced the following, as the Special Commit-
tee on Basis of Representation, viz : Messrs. Traer, Solomon, Seely,
Winchester, Wilson, Hollingsworth and Harris.

Mr. Harris offered the following resolution :

Resolved, That each member of this Convention be allowed fifteen
daily newspapers in addition to those already taken ;

Mr. Clark, of Alamakee, moved to amend said resolution, by substi-
tuting slips in lieu of newspapers should the members desire to do so ;
Which amendment was not agreed to.

Mr. Harris moved the Previous Question ; and,

Upon the question,

Shall the main question now be put ?

It was agreed to, a majority of the members present voting therefor.

Upon the question of adopting the resolution, the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Johnston,

Cotton, Marvin,

Edwards, Palmer,

Ells, Patterson,

Gibson, Peters,

Gillaspy, Robinson,

Hall, Solomon,

Harris, Winchester — 16.

NAYS.

Messrs. Ayers, Messrs. Parvin,

Bunker, Scott,

Clarke, of Henry, Seely,

Clark, of Alamakee, . Skift',

Day, Todhunter,

Messrs. Emerson, Messrs. Traer,

Grower, Warren,

Gray, Wilson,'

Hollingsworth, Young,

Springer, (Prest.,) — 19.

Mr. Todhunter, from the Committee ©n Executive Department, made
the following

REPORT.

MR. PRESIDENT: —

Your Committee to whom was referred that portion of
the Constitution of the State of Iowa regulating the Executive Depart-
ment thereof, have had the same under consideration, and beg leave to
make the following Report, and recommend that the same be adopted :—

LEWIS TODHUNTER,
Chairman of Committee..

SECTION 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

shall hold his office years from the time of his installation,

and until his successor shall be qualified.

SEC. 3. There shall be a Lieutenant Governor, who shall hold his
office : years, and be elected at the same time of the Gover-
nor. In voting for Governor and Lieutenant Governor, the electors
shall designate for whom they vote as Governor, and for whom as Lieu-
tenant 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 person 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
rote, 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 Lieu-
tenant Governor who shall not have 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 the time of said election.

SEC. 7. The Governor shall be commander -in- 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
from the officers of the Executive Department upon any subject relating
to the duties of their respective offices.

SEC. 9. He shall take care that the laws are faithfully executed.

SEC. 10. When any office shall, from any cause, become vacant, and
no mode is provided by the Constitution and laws for filling such vacan-
cy, the Governor shall have power to fill such vacancy, by granting a
commission, which shall expire at the end of the next session of the
General Assembly, or at the next election by the people.

SEC. 11. He may, on extraordinary occasions, convene the General
Assembly by proclamation, and shall state to both Houses, when assem-
bled, tiie purpose for which they shall have been convened ; and when so
convened, they shall have no power to legislate upon any subject save
that suggested in the Message of the Governor.

SEC. 12. He shall communicate, by message, to the General As-
sembly, at every regular -session, the condition of the State, and rec-
ommend such matters as he shall deem expedient.

SEC. 13. In case of disagreement between the two Houses with re-
spect to the time of adjournment, 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 regular meeting of
the next General Assembly.

SEC. 14. No person shall, while holding any office under the author-
ity of the United States, or this State, execute the office of Governor
or Lieutenant Governer, except as hereinafter expressly provided.

SEC. 15. The official term of the Governor and Lieutenant Govern-
or shall commence on the of ,

and on the same day every year thereafter.

SEC. 16. He shall have power to grant 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 execu-

tion of the sentence until the case shall be reported to the General As-
sembly at its next meeting, when the General Assembly shall either
grant a pardon, commute the sentence, direct the execution of the sen-
tence, 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 also all persons in whose
favor remission of fines arid forfeitures shall have been made, and the
several amounts remitted.

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 Gpvernor.

SEC. 18. The Lieutenant Governor shall be President of the Sen-
ate, 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 inca-
pable of performing the duties of the office, the President pro ttmpore
of the Senate shall act as Governor until the vacancy is tilled, 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 per-
taining to the office of Governor, the same shall devolve upon the
Speaker of the 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, Auditor of Public Accounts, Treas-
urer of State, Superintendent of Public Instruction, and Attorney
General 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 official acts of the Governor, and shall, when required, lay the
same, together with all papers, minutes, arid vouchers relative thereto,
before either branch of the General Assembly, and shall perform such
other duties as shall be assigned him by law.

SEC. 23. Every bill which shall have passed the General Assembly

shall 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 shall have originated, which House shall enter the objections at large
upon its Journals, and proceed to reconsider the bill. If, after such
consideration, a majority of all the members elected to that House shall
agree to pass the bill, it shall be sent, with the Governor's objections,
to the other House, by which it shall likewise be reconsidered ; and if
it shall be approved by a majority of: all the members elected to that House,
it shall be a law. If any bill shall not be returned by the Governor
within ten days (Sundays excepted) after it shall have been presented
to him, it shall be a law without his signature, unless the general
adjournment shall prevent its return, in which case it shall be a law,
unless the Governor, within ten days next after such adjournment, shall
file such bill, with his objections thereto, in the office of the Secretary
of State, who shall lay the same before the General Assembly at its
next session, in like manner as if it had been returned by the Governor.
But no bill shall be presented to the Governor within tvvo days next pre-
vious to the final adjournment of the General Assembly.

The reading of said report was dispensed with, and,
On motion, the same was ordered to lie on the table, and that one
hundred* copies thereof be printed for the use of the Convention.

Mr. Marvin, from the Committee on Education and School Lands
made the following

REPORT.

Your Committee to whom was referred the subject of Education and
School Lands, have had the same under consideration, and after care-
ful investigation, and mature deliberation, the majority beg leave to
report the following :

SECTION 1. The Educational interests of the State to include Com-
mon Schools and other Educational Institutions, shall b.e under the man-
agement 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 chosen by the qualified electors of each district, and shall hold their
offices for the term of four years, arid after the first election under this
Constitution, the Board shall be divided by lot into two equal classes,
5*

and the seats of the first class shall be vacated after the expiration of
two years, and one-half of the Board seall 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 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.

.SEC. 7. All rules and regulations made by said Board, shall be pub-
lished 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 ha\e 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 juris-
diction over all questions that may arise under the laws, rules and reg-
ulations 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 Com-
mon Schools', by which a School shall be organized and kept in each
District at least -three months in each year. Districts failing to organ-
ize 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 build-
ings erected, said University shall continue as at present located.

SEC. 12. The University lands, and the proceeds thereof, and all
moneys belonging to said fund, shall be a permanent fund for the sole
use of said University. The interest arising from the same shall be
annually appropriated for the support and benefit of said University.

SEC. 13. 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 hun-
dred thousand acres of land granted to the new States, under an act of
Congress, distributing the proceeds of the public lands among the sev-
eral States of the Union, approved A. D. 1841, and all estates of de-
ceased persons who may have died 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 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. 14. The money which shall be paid by persons as an equivalent for
exemption from military duty, and the clear proceeds of all fines col-
lected 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.

SEC. 15. The General Assembly shall take measures for the protec-
tion, improvement, or other disposition of such lands as have been, or
may hereafter be reserved, or granted by the United States, or any per-
son 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. And it shall be the duty of the General
Assembly, as soon asamay be, to provide effectual means for the improve-
ment and permanent security of the funds of said Univerity.

SEC. 16. 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.

SEC. 17. The money subject to the support and maintenance of
common schools shall be distributed to the districts in proportion to the
number of unmarried youths, between the ages of five and twenty-one
years.

SEC. 18. The Board of Education shall each receive the same per
diem and mileage as the compensation as members of the General
Assembly.

SEC. 19. A majority of the Board of Education shall constitute a
quorum for the transaction of business, Provided, no rule, or regula-
tion, 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.

A. H. MARVIN,

Chairman.

The reading of said report was dispensed with, and,

On motion, the same was ordered to lie on the table, and that one
hundred copies thereof be printed for the use of the Convention.

Mr. Skiff moved that the Convention adjourn until to-morrow morn-
ing at 10 o'clock ;

Which motion was agreed to, and the Convention then adjourned.

THURSDAY MORNING, JANUARY 29, 1857.

At ten o'clock A. M. the Convention came to order, the President in
the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Ells, from the Committee on Education and School Lands, pre-
sented the following minority

REPORT.

The majority of the Committee to whom was referred the subject of
Education and School Lands, having agreed to report in favor of a
Board of Education, elected by districts, and clothed with exclusive leg-
islative powers in all cases involving Common Schools, Colleges, and

Universities; also, in favor of a Chancellor's Court empowered to deter-
mine all questions arising out of the action of said Board, or in any
way connected therewith — the undersigned, being unable to agree with
said majority in their reasonings and conclusions, asks leave to make a
counter report. Without attempting to discuss the details of said sys-
tem of educational government embraced in said report, the under-
signed would briefly state that he objects to the proposed amendments
to the Constitution : — 1st. Because fhey assume to do that which prop-
erly belongs to the legislative department of the State ; 2d. Because
said Board of Education are clothed with powers dangerous, as prece-
dents, to the liberties of a free and enlighted people ; 3d. Because the
system therein proposed could not be altered or amended without an
amendment to the Constitution of the State. For these and other ob-
vious reasons, the undersigned disagrees with the majority of said com-
mittee, and respectfully submits for the consideration of the Convention,
the following, as Article 10, of the Constitution :

ARTICLE X. — Education and School Lands.

SECTION 1. The General Assembly shall provide for the election or
appointment of a Board of Education, to be composed of twelve per-
sons, 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 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 bylaw 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 support of schools, which shall
hereafter be sold or disposed of, and the five 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 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 Assem-
bly may provide, shall be inviolably appropriated to the support of Com-
mon Schools throughout the State.

SEC. 3. The money which shall be paid by persons as an equiva-

lent 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 coun-
ties, 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, provide by law.

SEC. 4. The General Assembly shall take measures for the protec-
tion, improvement, or other disposition of such lands as have been or
may hereafter be reserved or granted by the United States, or any per-
son 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,
with such branches as the public convenience may hereafter demand,
for the promotion of literature, the arts and sciences, as may be author-
ized by the terms of such grant. And it shall be the duty. of the Gen-
eral Assembly, as soon as may be, to provide effectual means for the
improvement and permanent security of the funds of said University.

All of which is respectfully submitted.

GEO. W. ELLS.

The reading of said report was dispensed with, and ,
On motion, the same was ordered to lie on the table, and that one
hundred copies thereof be printed for the use of the Convention.

Mr. Wilson presented the petition of Jesse Lloyd and thirty-six others,
citizens of Perm Township. State of Iowa, praying that the time of the
meeting of the Legislature may be changed from the first Monday in
December to the first Monday in January, and that the time of holding
the elections be changed from the first Monday in August to the first
Monday in October ;

Which was read, and,

On motion, was referred to the Committee on Distribution of Powers
and Legislative Department.

Mr. Gibson, from the Committee on Amendments to the Constitution,
presented the following minority

REPORT.

The committee on Amendments to the Constitution have had the same
under consideration and the undersigned beg leave to make the follow-
in inority report :

That in our opinion it is inexpedient to submit the matter of amend-
ment of the Constitution to the people once in ten years unless the pe"o-
ple so require through their Legislature ; and, we therefore submit the
following to be substituted in place of Sec. 2, in the majority report :

If at any time the General Assembly shall think it necessary to revise
or amend this Constitution, they shall provide by law for a vote at the
next ensuing election for members of the General Assembly ; in case a
majority of the people vote in favor of a Convention, said General As-
sembly shall provide for an election of delegates to a Convention to be
held within twelve months after the vote of the people in favor thereof.

H. D. GIBSON,
TIMOTHY DAY.

Which was read, ordered to lie on the table and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Clarke, of Henry, offered the following resolution, and moved
its reference to the Committee on Preamble and Bill of Rights :

Resolved, That the Committee on Bill of Rights be requested to
report the following sections or their equivalent :

1. That all elections ought to be free, and that all men having suffi-
cient evidence of permanent interest with, and attachment to, the com-
munity, have the right of suffrage, and cannot be taxed or deprived of
their property for public uses, without their own consent, or that of their
representatives so elected, nor bound by any law to which they have not
in like manner assented for the public good.

2. That no man, or set of men, are entitled to exclusive or separate
emoluments or privileges from the community, but in consideration of
public services rendered by him ; and in the same manner, no sect, class
or party of men, shall as such sect, class or party be cut off or debarred
from the enjoyment of all political and legal rights and privileges to
which the citizens \ of the State are entitled ;

Which was adopted, and the Resolution was so referred.

Mr. Clarke, of Henry offered the following, and moved its reference
to the Committee on Judicial Department :

Resolved, That the Committee on Judiciary be requested to report in
favor of electing all Judicial officers by the people ;

Of dividing the State into four Judicial Districts ;

Of a Supreme Court of four Judges, one from each Judicial
District ;

Of four Circuit Judges to hold Circuit Courts in each District, any
one to preside ;

That the Circuit Judges sit in Bank and constitute a District Court,
having appellate jurisdiction from the Circuits ;

That no Circuit Judge shall vote upon an appeal taken from his own
decisions ;

That the General Assembly may provide by law for one of the Su-
preme Court Judges presiding in certain cases in the District Court ;
or for the District Judge of one District, sitting in certain cases on the
bench in another District ;

That appeal shall ibe from District to Supreme Court ;

That under certain circumstances provided by law appeal may be di-
rectly from Circuit Court to Supreme Court ;

Which was adopted, and the resolution was so referred.

On motion,

The Resolution of Inquiry offered yesterday by Mr. Clarke, of Ala-
makee, and which was laid upon the table, was taken up, as follows :

Resolved, That the Committee on Art. 5 of the Constitution be in-
structed to take into consideration and report upon tbe propriety of so
amending the same, that the following provisions, or their equivalent,
shall be incorporated therein, viz :

1. There shall be a Court of Appeals composed of five Judges,
having appellate jurisdiction. Said Judges shall be elected by the
electors of the State at large, and shall be so classified, that one of
said Judges shall go out of office in one year, one in two years, one in
three years, one in four years, and one in five years from the time of
their election, after which several times the said Judges shall hold their
office for five years respectively and until their successors are elected
and qualified. Provision shall be made by law for designating one of
said Judges as Chief Justice thereof : said Judges, one of whom shall
"be the Chief Justice, so designated, shall be necessary to form a quorum
to perform the business of said Court.

2. There shall be a Supreme Court, having general jurisdiction in
law and equity.

3. The State shall be divided into three Judicial Districts, to be
bounded by county lines and to be compact and equal in population as
nearly as may be. There shall be four Justices of the Superior Court
in each District. They shall be classified so that one of their number
in each District shall go out of office at the end of one year, one in two
years, one in three years, and one in four years, after the end of their
term under such classification, the term of their office shall be five
years.

4. The Legislature shall have the same powers to alter and regulate
the jurisdiction and proceedings in law and equity as they have hereto-
fore possessed.

5. Provision may be made by law for desiginating, from time to
time, one of the said Justices, who is not a Judge of the Court of Ap-
peals to preside at the general terms of the said Court to be held in the
several Districts. Any three or more of said Justices, of whom one of
said Justices so designated shall be one, may hold such general terms.
And any one or more of said Justices may hold special terms, and be
required to hold the Circuit Courts in their respective districts.

6. The Judges of the Court of Appeals and Justices of the Supreme
Court shall severally receive at stated times, for their services, a com-
pensation to be established by law, which shall not be increased or di-
minished during their continuance in office.

7. They shall not hold any other office or public trust. All votes for
either of them for any elective office shall be void. They shall not ex-
ercise any power of appointment to public office. Any male citizen of
the age of twenty- one years, of good moral character and who possesses
the requisite qualifications of learning and ability, shall be entitled to
admission to practice in all the courts of this State.

8. The classification of the Justices of the Supreme Court, the times
and places of holding the terms of the Court of Appeals and of the
general and special terms of the Supreme Court, and also the times and
places of holding the Circuit Courts, within the several districts, shall
be provided for by law.

9. The testimony in equity causes shall be taken in like manner as
in causes at law.

10. The Judges of the Supreme Court shall be elected by the electors
of the several Judicial Districts and the Judges of the Court of Appeals
by the electors of the State at large at such times as may be prescribed
by law.

11. The General Assembly may reorganize the Judicial Districts as
the necessities of the people may require.

12. The Legislature shall establish such other Inferior Courts as may
be deemed necessary.

By general consent, the amendment to the motion to adopt said reso-
lution, relative to having it not entered at length on the Journal,
was withdrawn by the mover, and

The Resolution was then adopted, and referred to the Committee on
Judicial Department,
6

Mr. Gray offered the following resolutions :

1. Resolved, That when this Convention adjourns for the day, it
will adjourn to meet during the remainder of the session in the Senate
Chamber of this Capitol.

2. Resolved, That when the Convention removes from this room to
the Senate Chamber, each member shall be assigned the seat and desk
occupied by the Senator from his respective district, unless an exchange
may be made by agreement with another member.

Mr. Harris moved to amend by striking out of the second resolution
the words "the seat and desk occupied by the Senator from his respec-
tive district unless" and inserting in lieu thereof, the words '.'his seat
by lot, and that ;"

Which motion was agreed to, and the resolutions, as amended, were
adopted.

Mr. Skiff offered the following :

Resolved, That we proceed now to draw lots for our seats in the
Senate Chamber ;

Mr. Clarke, of Johnson, moved to amend said resolution by adding
thereto the following :

"And that Messrs. Todhunter and Harris be a committee to number
the seats in Senate Chamber, and that each member be entitled to
the seat, the number of which he may draw."

Mr. Clarke, of Henry, offered the following, as a substitute:
Resolved, That the Secretary prepare thirty- five slips of paper
numbered from one to thirty-five inclusive and that members draw and
have choice of seats according to their numbers — number one having
first choice, &c.

Which was not agreed to.

The amendment offered by Mr. Clarke, of Johnson, was then agreed
to, and

The resolution, as amended, was adopted.

Mr. Parvin, from the Committee on Distribution of Powers and Leg-
islative Department, made the following

REPORT.

The Committee on the Distribution of Powers, and the Legislative
Department, have instructed me to make the following report :

1. The legislative authority of this State shall be vested in a Seriate
and House of Representatives, which shall be designated the General
Assembly of the State of Iowa ; and the style of their laws shall com-
mence in the following manner : "Be it enacted by the General Assem-
bly of the State of Iowa."

2. The sessions of the General Assembly shall be biennial, and shall
commence on the second Monday of January next ensuing the election
of its members ; unless the Governor of the State shall, in the interim,
convene the General Assembly by proclamation.

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 tho election shall be on the Tuesday next after the first
Monday in November ; whose term of office shall continue two years
from the Tuesday next after the first Monday in November.

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 mule
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.

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.

6. The number of Senators shall not be less than one-third, nor more
than one- half the Representative body. The present Senators shall
remain in office during the term for which they were elected, and shall
bo divided into two classes. Those Senators whose term of office ex-
pires on the first Monday in August, 1858, shall be one class, and those
Senators whose term of office expires on the first Monday in August,
1860, shall be the other class ; so that one-half shall be chosen every
two years.

7. When the number of Senators is increased, they shall be annexed
by lot to one of the two classes, so as to keep them as nearly equal in
number as practicable.

8. Each House shall choose its own officers, and judge of the qualifi-
cation, election, and return of its own members. A contested election
shall be determined in such manner as shall be directed b law.

9, A majority of each House shall constitute a quorum to do
ness ; 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.

10. Each House shall sit upon its own adjournments, keep a journal
of its proceedings, and publish the same ; determine its rules of pro-
ceedings, punish members for disorderly behavior, and, with the consent
of two- thirds, expel a member, but not a second time for the same of-
fense ; and shall have all other powers necessary for a branch of the
General Assembly of a free and independent State.

• 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 mem-
bers of either House, on any question, shall, at the desire of any two
members present, be entered on the journals.

12. Senators and Representatives, in all cases, except treason, felony
or breach of the peace, shall be privileged from arrest during the ses-
sion of the General Assembly, and in going to and returning from the
same.

13. When vacancies occur in either House, the Governor, or the per-
son exercising the functions of Governor, shall issue writs of election
to fill such vacancies.

14. The doors of each House shall be open, except on such occasion
as, in the opinion of the House, may require secrecy.

15. Neither House 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.

16. Bills may originate in either House, and maybe amended, alter-
ed, or rejected by the other ; and every bill having passed both House*,
shall be signed by the Speaker and President of their respective Houses.

17. Every bill which shall have passed the General Assembly, i*hall.
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 originated, which shall enter the same upon the jour-
nal 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. If any bill shall not be returned within
three days after it shall have been presented to him, Sundays excepted,
the same shall be a law in like manner as if he had signed it, unless
the General Assembly, by adjournment, prevent such return.

18. 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.

19. 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 Assembly.

20. The House of Representatives shall have the sole power of im-
peachment, and all impeachments shall be tried by the Senate. When
sitting for that purpose, the Senators shall be upon oath or affirmation ;
and no person shall be convicted without the concurrence of two- thirds
of the members present.

21. The Governor, Secretary of State, Auditor, Treasurer, Judges
of the Supreme and District Courts, Superintendent of Public Instruc-
tion, and Attorney General, shall be liable to impeachment for any
misdemeanor in office ; but judgment in such cases shall extend only to
removal from office, and disqualification to hold any office of honor,
trust, or profit, under this State ; but the party convicted or acquitted
shall nevertheless be liable to indictment, trial, and punishment, accord-
ing to law. All other civil officers shall be tried for misdemeanors in
office, in such manner as the General Assembly may provide.

22. No Senator or Representative shall, during the time for which
he shall have been elected, be appointed to any civil office of profit un-
der this State, which shall have been created, or the emoluments of
wjiich shall have been increased during such term, except such offices as
may be filled by elections by the people.

23. No person holding any lucrative office under the United States,
or this State, or any other power, shall be eligible to the General As-
sembly : Provided, that offices in the militia, to which there is at-
tached no annual salary, or the office of justice of the peace, or post-
masters whose compensation does not exceed one hundred dollars per
annum, or notary public, shall be deemed lucrative.

24. 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 may be liable.

25. No money shall be drawn from the treasury but in consequence
of appropriations made by law.

26. Each member of the General Assembly shall receive a compen-
sation to be fixed by law, for his services, to be paid out of the treasury

of the State. Such compensation shall not exceed three dollars per
day for the period of sixty days from the commencement of the session,
and shall not exceed the sum of two dollars per day for the remainder
of the session ; when convened in extra session by the Governor, they
shall receive such sums per diem as shall be fixed for the first sixty
days of the ordinary session. They shall also receive three dollars for
every twenty miles they travel, in going to and returning from their
place of meeting, on the nearest traveled route.

27. No law of the General Assembly, of a public nature, shall take
effect until the fourth day of July next after the passage thereof. If
the General Assembly shall deem any law of immediate importance,
they may provide that the same shall take effect by publication in news-
papers in the State.

28. No divorce shall be granted by the General Assembly.

29. No lottery shall be authorized by this State ; nor shall the sale of
lottery tickets be allowed.

30. Every act shall embrace but one subject, and matters properly
connected therewith ; which subject shall be expressed in the title. But
if 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.

31. The General Assembly shall not pass local or special laws in the
following cases :

For the assessment and collection of taxes for State, county or road
purposes ;

For laying out, opening and working on 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 ;

In all the cases above enumerated, and in all other cases where a gen-
eral law can be made applicable, all laws shall be general, and of uni-
form operation throughout the State.

32. 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 on any claim the sub-
ject 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.

33. Members 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 oc 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,) accord-
ing to the best of my ability." And members of the General As-
sembly are hereby empowered to administer to each other the said oath
or affirmation.

34. The General Assembly shall, in the years 1856, 1862, 1864,
1866, 1868, and 1875, and every ten years thereafter, cause an enu-
meration to be made, of all the white inhabitants of the State.

35. The number of Senators and Representatives shall, at the next
session following each period of making such enumeration, and the next
session following each United States census, be fixed by law, and appor-
tioned among the several counties, according to the number of white
inhabitants in each.

36. The Senate shall not consist of more than fifty members, nor the
House of Representatives of more than one hundred.

37. When a Congressional, Senatorial, or Representative District
shall be composed of two or more counties, it shall not be entirely separa-
ted by any county belonging to another district ; and no county shall be
divided in forming a Congressional, Senatorial or Representative district.

38. In all elections by the General Assembly, the members thereof
shall vote viva voce ; and the votes shall be entered on the journal.

39. The annual salary of the Governor shall not exceed twenty-five
hundred dollars ; Secretary, Treasurer, and Auditor of State, fifteen
hundred dollars each; Judges of the Supreme Court, twenty- five hun-
dred dollars each ; Judges of the District two thousand dollars each.

Respectfully submitted.

J. A. PARVIN,

Chairman.

The reading of said report was dispensed with, and,
On motion, the same was ordered to lie on the table, and that one
hundred copies thereof be printed for the use of the Convention.

Mr. Clarke, of Henry, moved to take up the resolution offered by him
yesterday, relative to entering resolutions, reports, &c., at length upon
the Journal, and which, under the rule of the Convention, was laid over
for one day before being acted upon ;

Which motion was agreed to.

Mr. Hall moved a substitute for said resolution, as follows :

Resolved, That resolutions offered merely for reference to the Stand-
ing Committees shall not be entered at large upon the Journal, unless
special instructions are given by the Committee or the Convention to
that effect :

Mr. Edwards moved to indefinitely postpone the consideration of said
resolution ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative as follows :

YEAS.

Messrs. Ayers, Messrs. Gower,

B.unker, Gray,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Skiff,

Ells, Traer,

Emerson, Wilson,

Gibson, Young,
Springer (Prest.,)— 21.

NAYS.

Messrs. Cotton, Messrs. Patterson,

Gillaspy, Peters,

Johnston, Robinson,

Hall, Solomon,

Palmer, Warren,
Winchester — 11.

Mr. Hall moved to take up the resolution offered by him on Tues-
day last, and which, under the rule of the Convention, was laid over
one day before being acted upon, as follows :

Resolved, That after this day, resolutions shall not be in order, of-
fered for the purpose of reference to the Standing Committees, in-
structing them to inquire as to the propriety of adopting indicated
propositions ;

Which was agreed to.

Mr. Ells moved to amend said resolution, by inserting between the
words "Committees" and "instructing" the words "who have re-
ported ;"

Which amendment was accepted by the mover.

Mr. Traer moved to indefinitely postpone said resolution :

Upon this question the yeas and nays were demanded, and it was
decided in the negative as follows :

YEAS.

Messrs. Bunker,

Clarke, of Johnson,
Clark, of Alamakee,
Edwards,

Wilson— 9.

NAYS.

Messrs. Ayers,

Clarke, of Henry,
Cotton,
Day,
Ells,

Emerson,
Gibson,
Gillaspy,
Gray,
. Hall,
Marvin,
Palmer,
Patterson,

The resolution was then adopted.

Messrs. Gower,
Harris,
Johnston,
Traer,

Messrs. Peters,
Parvin,
Price,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,
Warren,
Winchester,
Young,
Springer, (P.) 26.

The Committee to whom the duty was assigned of numbering the
seats in the Senate Chamber, having returned, the Convention pro-
ceeded to draw lots for said seats respectively :

Which, having been concluded,

Mr. Johnson asked leave of absence for Mr. Cotton from the sit-
tings of the Convention ;

Which was unanimously granted.

On motion of Mr. Clarke, of Johnson,

The Convention adjourned until ten o'clock to-morrow morning.

FRIDAY MORNING, JANUARY 30, 1857.

At ten o'clock, A. M. , the Convention came to order in the Senate
Chamber, the President in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Clarke, of Johnson, gave notice that to-morrow or on
some future day he would move to amend the Rules by adding the
following :

"All reports of Standing Committees shall be read three times on
as many different days, unless the rule be suspended by unanimous
consent ; but no report shall be read the third time and finally passed,
until all the reports of the Committees shall have passed their second
reading."

Mr. Gower offered the following and moved its reference to the
Committee on Miscellaneous Matter:

Resolved, That the Committee on Miscellaneous subjects be in-
structed to inquire into the expediency of providing for the perma-
nent location of the seat of Government, the State University and
the Deaf and Dumb and Blind Asylums ;

Which was adopted, and the resolution was so referred.

Mr. Edwards moved to take up from the table the Report of the
Committee on Preamble and Bill of Rights ;
Which was agreed to.

Mr. Edwards then moved that it be made the special order for
consideration in Committee of the Whole, this afternoon at 2 o'clock ;
Which was also ageeed to.

Mr. Palmer offered the following .-

Resolved, That the Secretary of State be requested to furnish each
member of this Convention with a copy of the reports of the Supreme
Court of this State ;

Mr. Edwards moved to amend so as to read "Clarke's Reports :"

Mr. Palmer moved to amend the amendment so as to read "Clarke's
and Green's Reports ;"

Mr. Winchester moved that the resolution be laid on the tahle ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Patterson,

Bunker, Seely,

Clarke, of Johnson, Skiff,

Day, Traer,

Gillaspy, Warren,

Hollings worth, Wilson,

Johnston, Winchester,

Parvin, Young,
Springer (P.) 17.

NAYS.

Messrs. Clarke, of Henry, Messrs. Hall,

Clark, of Alamakee, Harris,

Edwards, Marvin,

Ells, Palmer,

Emerson, Peters,

Gibson, Robinson,

"Gower, Scott,

Gray, Solomon,
Todhunter— 17.

The motions of Mr. Palmer and Mr. Edwards were then respectively
disagreed to ; and

The question being upon the adoption of the resolution as originally
offered, the yeas and nays were demanded, and

It was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, Marvin,

Clark, of Alamakee, Palmer,

Ells, Peters,

Emerson, Robinson,

Gibson, Scott,

Gower, Solomon,

Gray, Todhunter,

Hall, Warren— 18.

NAYS.

Messrs. Bunker, Messrs. Patterson,

Day, Seely,

Edwards, Skiff,

Gillaspy, Traer,

Rollings worth, Wilson,

Johnston, Winchester,

Parvin, Young,

Springer, (Prest.,) — 15.
Mr. Clarke, of Johnson, upon his request, was excused from voting.

Mr. Traer offered the following :

Resolved, That the Secretary of State be instructed to lay before
this Convention a statement containing the amount of indebtedness of
the several countes, contracted for railroad purposes ;

Which resolution was adopted.

Mr. Hall offered the following :

Resolved, That this Convention will act upon the reports of the com-
mittees in the order in which the Standing Committees were appointed :
Which resolution was adopted.

Mr. Hall offered the following :

Resolved, That Willis Conard be employed as paper folder to this
Convention ;

Which resolution was adopted.

Mr. Robinson offered the following :

Resolved, That Mr. Peters be added to the Committee on Preamble
and Bill of Rights : and that he be also added to the Committee on
Schedule ;

Mr. Clarke, of Henry, moved that the resolution be laid on the
table ;

Which motion was disagreed to.

The resolution was then adopted.

Mr. Harris gave notice that to-morrow or on some future day, he
would introduce the following resolution :

Resolved, That in addition to the number of Standing Committees
already appointed, there shall be another which shall be the thirteenth,
on Charitable Institutions.

Mr. Clarke, of Henry, from the Committee on Incorporations, made
the following

REPORT.

The Committee on Incorporations having respectfully read and con-
sidered the several memorials and resolutions referred to them, together
with Article 8 of the Constitution, would report said Article amended
as follows, and recommend its adoption:

ARTICLE VIII.

SECTION 1. No corporations 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 herein provided.

SEC. 2. 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.

SEC. 3. The State shall not become a stockholder in any corporation^
nor shall it assume or pay the debt or liability of any corporation, un-
less incurred in time of war for the benefit of the State.

SEC. 4. No political or municipal corporation shall become a stock-
holder in any banking corporation, directly or indirectly ; nor in any
other corporation or corporations to an amount exceeding, at one
time, two hundred thousand dollars.; nor shall the bonds or other evi-
dences of indebtedness of any municipal or political corporation be is-
sued or granted, or its credit loaned, directly or indirectly, or pledged as
security, to an amount in the aggregate exceeding two hundred thou-
sand dollars, at any one time.

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 money, contracting debts, issuing
bonds, and loaning their credit, so as to prevent, as far as possible,
unnecessary burdens and unjust taxation and frauds.

SEC. 6. Subject to the provisions hereof, the General Assembly may
pass a general banking law, under which corporations may organize for
banking purposes.

SEC. 7. If a general banking law is passed, it shall provide, amongst
other things, 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 full amount thereof, to be deposited with the
State Treasurer, in United States stocks, or in interest- pay ing stocks
of States in good credit and standing, to be rated at their average value
in the city of New York, for the thirty days next preceding their de-
posit ; and also provide for the recording of the names of all stockholder*

in such corporations, the amount of stock held by each, the time of any
transfer, and to whom.

SEC. 8. 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 ; and in all
cases where its stock shall be transferred, the liability of the transferer
shall not cease, nor shall the liability of the transferee commence until
the expiration of six months after such transfer shall have been duly
recorded as provided by law.

SEC. 9. The General Assembly may also charter a State Bank with
branches, to be founded upon an actual specie basis.

SEC 10. If such a State Bank be established, the branches shall be
mutually responsible for each other's liabilities upon all paper credit
issued as money, and the liabilities of stockholders shall be the same as
those of banks organized under a general law — all of which shall be
provided for by law.

SEC. 11. It shall be the duty of the General Assembly, in case of its
passing either or both of the banking 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 people of this State a safe and reliable currency.

SEC. 12. In case of the insolvency of any banking institution, the
bill holders shall have a preference over its other creditors.

SEC. 13. The suspension of specie payments by banking institution!
shall never be permitted and sanctioned.

SEC. 14. Every banking corporation or institution shall cease bank-
ing and close its business within twenty-five years from the time of iu
organization or creation.

SEC. 15. No bill, note, draft, check, or other evidence of debt shall
be issued for circulation as money except by banking corporations or
j nstitutioris duly organized or created by law.

SEC. 16. But no general banking law, nor law creating a State Bank,
nor shall amendments thereto, nor acts in repeal thereof, take effect
until the same shall have been submitted, separately, to the people, at
a general or special election, as provided by law, and shall have been
approved by a majority of all the voters voting for and against it.

SEC. 17. Subject to the provisions hereof, the General Assemblj
ha.Td power to amend or repeal all laws for the organization or cr«-

ation of corporations, or granting of special privileges or immunities,
by a vote of two-thirds of the House of Representatives, and also of the
Senate ; and no exclusive privileges, except as in this article provided,
shall ever be granted.

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.

SEC. 19. Private property shall not be taken by corporations for
their use or benefit without compensating the owner for the actual dam-
age resulting to him or her in the taking, and the manner thereof.

SEC. 20. The word corporation, as used in this article, may be con-
strued to mean any individual, association, or company, having or
enjoying rights and privileges through provisions of law not possessed
by every individual or partnership.

R. L. B. CLARKE.

Chairman.

The reading of said report having been dispensed with, it was
Ordered, That the same be laid upon the table, and that one hun-
dred copies thereof be printed for the use of the Convention.

On motion of Mr. Harris,

The Convention then adjourned.

FRIDAY AFTERNOON,

At two o'clock, P. M., the Convention again met.

Mr. Harris moved to postpone the special order of the afternoon ;
Which motion was not agreed to,

The Convention then resolved itself into Committee of the Whole,
Mr. Edwards in the Chair, upon the consideration of the Report of the
Committee on Preamble and Bill of Rights ; and after some time spent
therein, the Committee rose ;

The Convention having again coine to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them ; and
the Committee asked and obtained leave to sit again.

Mr. Todhuriter offered the following:

Resolved, That there shall be no smoking allowed in this Chamber
during the sittings of this Convention, and that the Sergeant- at- Arms
be requested to strictly enforce this resolution ;

Which resolution was adopted.

On motion of Mr. Patterson,
The Convention then adjourned.

SATURDAY MORNING, JANUARY 31, 1857.

At ten o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The President presented the petition of James Harnil arid thirty -
three others, citizens of Louisa county, praying the incorporation of
an article in the Constitution giving power to the Legislature to regu-
late the manufacture of, and traffic in, spirituous liquors, and to con-
fiscate all such articles, manufactured or sold, in violation of its Acts ;

Which was read, and,

On motion, was referred to the Committee on Preamble and Bill of
Rights.

Mr. Clarke, of Henry, presented the petition of James Wright and
fifty- five others, citizens of Iowa, praying that the Constitution of the
State may be so amended that no person shall be disfranchised ou
account of color ;

\Vhich was read, and,

On motion, was referred to the committee on the .Right of Suffrage.

Mr. Clarke, of Johnson, from the majority of the committee on
Judicial Department, made the following

REPORT.

ARTICLE - — .

SECTION 1. The Judicial power of this State shall be vested in a
Supreme Court, Superior Courts, District Courts, and such inferior
Courts as the General Assembly may, from time to time, establish.

SEC. 2. The State shall be divided into four judicial districts, to be
bounded by county lines, and as compact and equal in population and
territory as nearly as may be ; in each of which districts, at the first
general election under the Constitution, one Supreme Judge and three
District Judges, who shall be residents of their respective districts,
shall be elected by the people. The Supreme and District Judges so
elected, shall be classified so that one Judge of tlue Supreme Court,
and one of the District Judges in each district, shall go out of office
every two years. The Judge of the Supreme Court holding the short-
est 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 eight years, and the term of office of
each District Judge six years, and until their successors are elected and
qualified.

SEC. 3. The Supreme Court shall consist of the four Judges elect-
ed as required by the foregoing section, three of whom shall constitute
a quorum. They shall hold their Court at such time and place as the
General Assembly may prescribe, and shall be ineligible to any other
office in the State during the term for which they were elected.

SEC. 4. The Supreme Court shall have appellate jurisdiction only
in cases in chancery, and shall constitute a Court for the correction of
errors at law, in all cases that may be appealed from the Superior
Court, 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 Superior Courts shall be held in each district at such
time and place as the General Assembly may prescribe ; shall consist
of the Judges of the District Courts of that district, two of whom shall
7

constitute a quorum ; and the Judge holding the shortest term of office
shall be the Chief Justice of the Court of his district, and so on in
rotation.

SEC. 6. The Superior Courts shall have appellate jurisdiction only
in all cases in chancery, and constitute a Court for the correction of
errors at law within their respective districts, under such restrictions as
the General Assembly may 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 within their re-
spective districts.

SEC. 7. The District Court shall consist of a single Judge, and the
District Judges of each district shall hold Court in each county, altern-
ately, at such time and place as the General Assembly may prescribe.

SEC. 8. The District Court shall be a Court of law and equity, which
shall be distinct and separate jurisdictions, and have jurisdiction in all
civil and criminal matters arising in their respective districts, under such
restrictions as may be prescribed by law.

SEC. 9. The salary of each Judge of the Supreme Court shall not
be less than two thousand five hundred dollars, nor more than five thou-
sand dollars per annum. The salary of each Judge of the District
Court shall not be less than two thousand, nor more than four thousand
dollars per annum ; and the salary of no judge of either Court shall be
increased or diminished during his term of office.

SEC. 10. The Judges of the Supreme and District Courts shall be
conservators of the peace throughout the State.

SEC. 11. After the year 1860, the General Assembly may re-
orgaize the judicial districts, and increase or diminish the number of
districts, or the number of Judges of the Supreme or District Courts ;
but such increase or diminution shall not be more than one district, or
one Judge of either Court at a time ; 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 increase
or diminution of the Judges shall take place every five years there-
after, if necessary, and at no other time.

SEC. 12. The Supreme and Superior Courts shall have the power
to appoint the necessary Clerk for each Court, and a Reporter of their
decisions. The other officers of the Courts shall be provided for by law.

SEC. 13. 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 their election.

SEC. 14. The General Assembly shall provide by law for the elec-
tion of an Attorney General by the people, whose office shall be kept
at the seat of government.

SBC. 15. The qualified electors of each county shall elect, at such
times as may be prescribed by law, one Prosecuting Attorney, and one
Clerk of the District Court, who shall be residents therein, and hold
their several offices for the term of two years, and until their successors
ure elected and qualified.

SEC. 16. When any vacancy shall occur in the office of any Judge
of the Supreme or District Courts, before the expiration of the regular
term for which he was elected, the same shall be filled by appointment
by the Governor, until it shall be supplied at the next general election,
when it shall be filled by election for the residue of the unexpired term.

SEC. 17. The General Assembly may provide by law for the crea-
tion of a temporary Court for the trial of any Judge of either the
Supreme or District Court, or any other State officer, who may be
charged with imcompetency or misconduct. If a Judge of the Su-
preme Court is a subject of the charge, four of the Judges of the Dis-
trict Court, selected from the respective districts, shall constitute a
Court to investigate the charge. If the complaint is made against a
Judge of the District Court, or any other officer of State, the Supreme
Court shall have original jurisdiction of, and constitute a Court to in-
vestigate the same. The charge shall be made by petition, under oath,
and the cause shall be tried by the Court.

SEC. 18. The style of all process shall be : " The State of Iowa;"
and all prosecutions shall be conducted in the name and by the author-
ity of the same.

W. PENN. CLARKE,

Chairman.

I concur with the majority report, except that I favor the election of
Supreme Court Justices by the people of the State at large. That I
favor the subdivision of the districts into four circuits ; and that in
each district four Judges shall be elected — one from each circuit —
three to form a quorum in the District Court. That a Prosecuting
Attorney shall be elected in each circuit. That no judicial officer shall
be tried for incompetency, unless presented by a majority of the Gen-
eral Assembly.

R. L. B. CLARKE.

The reading of said report was dispensed with, and,
On motion, the same was ordered to lie on the table, and that one
hundred copies thereof be printed for the use of the Convention.

100

Mr. Clarke, of Johnson, from the committee on Judicial Depart-
ment, made the following minority

REPORT.

The minority of the Committee on the Judicial Department beg
leave to make the following report :

ARTICLE — .

SECTION 1. The Judicial power of this State shall be vested in a
Supreme Court, District Courts, and such other Courts as the General
Assembly may from time to time establish.

SEC. 2. The State shall be divided into four Judicial Districts, to
be bounded by county lines, and as compact and equal in population
and territory as nearly as may be, in each of which Districts, at the
first general election under the Constitution, one Supreme Judge, and
three District Judges, who shall be residents of their respective Dis-
tricts, shall be elected by the people. The Supreme and District
Judges so elected, shall be so classified that one Judge of the Supreme
Court, and one of the District Judges in each District, shall go out of
office every two years. The Judge of the Supreme Court 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 expira-
tion of their terms of office under such classification, the term of each
Judge of the Supreme Court, shall be eight years, arid the term of
office of each Judge of the District Court, six years, and until their
successors are elected and qualified.

SEC. 3. The Supreme Court shall consist of the four Judges elected
as required by the foregoing section, three of whom shall constitute a
quorum, and they shall hold their Court at such time and place as the
General Assembly may, by law, provide. The Judges of the Supreme
Court shall be ineligible to any other office in the State, during the term
for which they were elected ; and the Judges of the District Court shall
be ineligible to any other office in the State, except that of Supreme
Judge, during the term for which they were elected.

SEC. 4. The Supreme 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, and the
District Judges of each District shall hold Couitin each county of such

101

District, alternately, at such time and place as the General Assembly
may, by law, provide.

SEC. 6. The District Court shall be a Court of law and equity, which
shall be distinct and separate jurisdictions, and have jurisdiction in all
civil and criminal cases, arising in their respective Districts, under such
restrictions as may be prescribed by law.

SEC. 7. The Supreme Court shall have the power to appoint a Clerk
and Reporter of its decisions. The other officers of the Court shall be
provided for.

SEC. 8. The Judges of the Supreme and District Courts shall b*
conservators of peace throughout the State.

SEC. 9. The salary of each Judge of the Supreme Court shall not be
less than three thousand dollars per annum, nor shall the salary of each
Judge of the District Court be less than two thousand five hundred
dollars per annum. After the year 1860, the General Assembly
shall have the power to increase the salaries of the Judges of the
Supreme and District Courts ; but the salary of no judge of either
Court shall be increased or diminished during his term of office.

SEC. 10. In case the office of any Judge of the Supreme or District
Courts shall become vacant before the expiration of the regular term
for which he was elected, the vacancy may be filled by appointment, by
the Governor, until it shall be supplied at the next general election,
when it shall be filled by election, for the residue of theunexpired term.

SEC. 11. The Judges of the Supreme and District Courts shall be
chosen at the general State election, and the term of office of each
Judge shall commence on the first day of January next after their
election.

SEC. 12. After the year 1860, the General Assembly may reorganize
the Judicial Districts, and increase or diminish the number of Districts,
or the number of Judges of the Supreme or District Courts, but such
increase or diminution shall not be more than one District, or one Judge
of either Court at a time, and no reorganization of the Districts, or
diminution of the Judges, shall have the effect of removing a Judge
from office. Such reorganization of the Districts, or increase or dim-
inution of the Judges of either Court, shall take place every five years
thereafter, if necessary, and at no other time.

SEC. 13. The General Assembly may provide, by law, for the creation
of a temporary Court, for the trial of any Judge of either the Supreme
or District Courts, or any officer of State, who may be charged with
incompetency or misconduct. If a Judge of the Supreme Court is the

102

subject of the charge, four Judges of the District Court, selected from
the respective Districts, shall constitute a Court to investigate the charge.
If the complaint is against a Judge of the District Court, or an officer
of State, the Supreme Court shall have original jurisdiction of, and
constitute a Court to investigate the same. The complaint shall be
made by petition, under oath, and the cause tried by the Court. In
either case, the judgment of the Court shall not extend beyond depriva-
tion of office, and ineligibility to hold any other office in the State, or
either of them. .

SEC. 14. The style of all process shall be, "The State of Iowa,"
all prosecutions shall be conducted in the name and by the authority
of the same.

SEC. 15. The General Assembly shall provide, by law, for the elec-
tion of an Attorney General by the people.

W. PENN CLARKE.

Mr. Wilson, of Jefferson, concurs in this Report, so far as it pro-
vides for the creation of two Courts, instead of three ; but differs as to
the mode of electing the Judges.

The reading of said report was dispensed with, and,
On motion, the same was ordered to lie on the table, and that one
hundred copies thereof be printed for the use of the Convention.

Mr. Harris moved to take up the resolution offered by him yesterday,
relative to the appointment of an additional Standing Committee;
Which was agreed to.

The question being on the adoption of said resolution,
The same was disagreed to.

Mr. Edwards offered the following :

Resolved, That hereafter, the hours of adjournment for this Conven-
tion shall be nine o'clock, A. M., and two o'clock, P. M., of each day,
until otherwise ordered ;

Which resolution was adopted.

Mr. Clarke, of Johnson, moved to take up the proposed amendment
to the Rules of the Convention, offered by him yesterday, relative to the
number of readings, &c., of the Reports of the respective Standing
Committees ;

Which was agreed to.

Said proposed amendment to the Rules having been read,
The same was adopted.

103

On motion of Mr. Warren,

The Convention resolved itself into Committee of the Whole, Mr.
Edwards in the Chair, upon the consideration of the Report of the Com-
mittee on Preamble and Bill of Eights ; and, after some time spent
therein, the Committee rose ; and

The Convention again came to order :

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them, and
asked and obtained leave to sit again at two o'clock this afternoon.

Mr. Johnston offered the following :

Resolved, That the Committee on Miscellaneous Subjects be in-
structed to inquire into the expediency of amending Article 12, by
striking out Section 2 ;

Which resolution was adopted.

On motion of Mr. Winchester,
The Convention then adjourned.

SATURDAY AFTERNOON.

At two o'clock, P. M. , the Convention again met, and,

On motion,

Resolved itself into Committee of the Whole, Mr. Edwards in the
Chair, upon the consideration of the Report of the Committee on Pre-
amble and Bill of Rights ; and, after some time spent therein, the Com-
mittee rose :

The Convention having come to order,

The Chairman of the Committee of the Whole stated that said Com-
mittee having concluded the consideration of the Report of the Com-
mittee on Preamble and Bill of Rights, he was instructed to report the
same back to the Convention, with sundry amendments ;

Which report was received and the Committee discharged.

Mr. Hall moved that said report be laid upon the table and made the
special order for Monday next, at ten o'clock,"?. M.;
Which motion was agreed to.

104

Mr. Clarke, of Johnson, moved to reconsider the vote just taken ;
Which was agreed to.

Mr. Palmer moved to strike out Sec. 11 of the Bill of Rights, as
reported, and substitute the following :

All offences of a lower grade than felony and crimes of which the
penalty is imprisonment for more than one month, shall be summarily
tried before magistrates without indictment, or presentment, or the
intervention of a Grand Jury ;

Mr. Clarke, of Johnson, moved that the proposed substitute, together
with Sec. 11 and Sec. 13 of the Bill of Rights, as reported, be referred
to the Committee on Judicial Department ;

Which was agreed to.

The motion of Mr. Hall was then renewed, and agreed to, and
The Convention then adjourned, till Monday morning at nine o'clock.

MONDAY MORNING, FEBRUARY 2, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Rev. Mr. Page, of Oberlin, Ohio.
The Journal of Saturday's proceedings was read and approved.

Mr. Clarke, of Johnson, from the Committee on Judicial Department,
to whom was referred certain sections of the Bill of Rights, together
with a proposed amendment for one of said sections, made the fol-
lowing

REPORT.

The Committee on the Judicial Department, to whom was referred
sections 11 and 13 of the Bill of Rights, with the amendment proposed

105

by the gentleman from Davis, have had the subject under consideration
and beg leave to report the following :

Strike out section 11 and insert the following :

"All offences less than felony, and in 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 officer
authorized bylaw, 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."

Amend section 13, by inserting between the words- "suspended" and
"unless" the following :

"Nor shall it be refused when application is made as required by
law."

W. PENN CLARKE,
Chairman .

Mr. Johnston moved that the report be laid upon the table without
printing and that it be taken up with the special order at ten o'clock,
A. M. , and in connection therewith :

Which motion was agreed to.

The special order of the day was then taken up, being the Report of
the Committee of the Whole upon the Report of the Committee on Pre-
amble and Bill of Rights, the same being upon its second reading.

The Preamble having been read,

The amendment made in Committee of the Whole, by striking out
the word "Territory" and inserting "State," in the first line of the
same,

Was agreed to.

Mr. Wilson moved to amend by adding to the clause defining tho
boundaries, the following :

"The boundaries of the State may be enlarged by consent of Con-
gress and the State."

Mr. Hall moved that the amendment be referred to the Committee on
Miscellaneous Matter;

Which motion was agreed to.

The Second section of the Bill of Rights being under consideration,
as follows :

106

"All political power is inherent in the people. Government is insti-
tuted 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 ;"

' Mr. Ells moved to amend the same by adding thereto as follows :

"And no special privileges or immunities shall ever be granted that
may not be altered, revoked, or repealed, by the General Assembly, by
a vote of two-thirds of each house ;"

Pending the consideration of said amendment,
On motion of Mr. Warren,
The Convention then adjourned.

MONDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The consideration of the Report of the Committee of the Whole
upon the Preamble and Bill of Rights, was resumed, and

The question being upon the adoption of the amendment to the second
section of the Bill of Rights, offered by Mr. Ells,

Mr. Emerson moved an amendment to the amendment as follows :

Strike out "by a vote of two-thirds of each house" and insert "ex-
cept corporations for works of internal improvement ;"
Which motion was disagreed to.

Mr. Palmer moved to amend the amendment, by adding thereto the
following ;

"But the State shall be liable in an action at law in any court of
record in the State, or otherwise, for all damages which may be caused
by any such alteration, revocation, or repeal, unless such privileges or
immunities shall have been violated or abused by the persons or corpo-
rations to whom such privileges or immunities may have been granted ;"

Which motion was disagreed to.

Upon the question of agreeing to the amendment offered by Mr. Ells,
the yeas and nays were demanded, with the following result :

107

YEAS.

Messrs. Avers, Messrs. Marvin,

Clarke, of Henry, Parvin,

Clark, of Alamakee, Robinson,

Day, Scott,

Ells, Seely,

Gray, Wilson,

Harris, Springer (P.) 14,

NAYS.

Messrs. Bunker, Messrs. Palmer,

Clarke, of Johnson, Patterson,

Edwards, Peters,

Emerson, Price,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Hall, Traer,

Johnston, Warren,
Young— 19.

So the amendment was not agreed to.

The Fourth Section of the Bill of Rights being under consideration,
as follows :

"No religious test shall be required as a qualification for any offic®
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 duties, or rendered incompetent to give evidence in
any court of law or equity, in consequence of his opinions on the sub-
ject of religion ;"

Mr. Clarke, of Henry, moved to amend by striking out the words
"and no person shall" near the commencement of the section, and in-
serting "nor shall any person ;" also, by adding to the end of the sec-
tion as follows : "nor in consequence of his belonging to any particular
sect, class or party of men ;"

Mr. Harris moved to amend the amendment by adding to the latter
part of it, the words, "inconsequence of being Negroes, Indians,
knaves or fools ;"

Upon this question the yeas and nays were demanded, with follow-
ing result :

YEAS,
Mr. Harris— 1.

108

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee.
Day,
Edwards,
Ells,

Emerson,
Gibson,
Gillaspy,
Gower,
Gray,
Hall,
Johnston,

Messrs. Palmer,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,

Marvin,

Springer, (Prest.,)— 33.

So the amendment to the amendment was not agreed to.
Pending the consideration of the amendment to said section.
On motion of Mr. Clarke, of Alamakee,
The Convention adjourned.

109

TUESDAY MORNING, FEBRUARY 3, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Marvin offered the following resolution :

Resolved, That each member of this Convention be allowed eight
additional numbers of the daily reports of this Convention ;
Which was adopted.

The President announced the following as the committee to revise the
printing, &c., as provided for in the Report of the Committee on Re-
porter, &c., viz: Messrs. Clarke, of Johnson, Traer and Solomon.

The Convention then resumed the consideration of the Report of the
Committee of the Whole upon the Preamble and Bill of Rights.

The question being upon the amendment to the fourth section of
the Bill of Rights, offered yesterday by Mr. Clarke, of Henry,

The same gentleman moved to amend the amendment by adding
thereto as follows :

" But persons convicted of infamous crimes, shall be liable to such
disabilities as the laws may provide ;"

Which was agreed to.

The question now being upon the amendment, as amended, the Teas
and nays were demanded thereon, and

It was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Scott,

Ells, Seely,

Gower, Skiff,
Traer.— 11.

NAYS.
Messrs. Ayers, Messrs. Parvin,

Clarke, of Alamakee, Patterson,

110

Messrs. Day, Messrs. Peters,

Edwards, Price,

Emerson, Solomon,

Gibson, Todlmnter,

Gillaspy, Warren,

Hall, Wilson,

Harris, Winchester,

Johnston, Young,

Palmer, Springer,(P. ) 22.

Mr. Clarke, of Henry, then offered the following amendment to said
section :

" Nor shall any person be rendered or held thus incompetent to give
testimony in consequence of his or her belonging to any particular sect,
class, society or party ;"

Pending the consideration of said amendment,
On motion of Mr. Warren,
The Convention adjourned.

TUESDAY AFTERNOON.

At two o'clock, P. M., the Convention again assembled.

The consideration of the Report of the Committee of the Whole,
upon the Preamble and Bill of Rights was resumed, " and,

The question being upon the adoption of the amendment offered bj
Mr. Clarke, of Henry, to the Fourth Se'ction of the Bill of Rights,

The same gentleman moved that said amendment, together with the
section to which it relates, be laid upon the table, subject to the order
of the Convention ;

Upon this question the yeas and nays were demanded, and it was d«-
tided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Ill

Messrs. Clark, of Alamakee, Messrs. Todhunter,
Edwards, Traer,

Ells, Warren,

Gower, Wilson,

Gray, YouLg,

Marvin, Springer (P.) 18.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Skiff,

Harris, Winchester, — 14.

The Sixth Section of the Bill of Rights being under consideration
as follows :

"All laws of a general nature shall have a uniform operation ;"
Mr. Edwards moved to amend the same by adding thereto as follows :
"The General Assembly shall not grant to any citizen or class of

citizens privileges or immunities, which upon the same terms shall not

equally belong to all citizens ;
Which was agreed to.

The amendment to the Ninth Section of the Bill of Rights as adopted
in Committee of the Whole was agreed to : causing said section to read
as follows :

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.

The Tenth Section of the Bill of Rights being under consideration,
as follows :

"In all criminal prosecutions, the accused shall have a right to a
speedy trial by an impartial jury ; to be informed of the accusation
against him ; to be confronted with the witnesses against jhim ; to have
compulsory process for his own witnesses ; and to have the assistance
of a counsel ;"

Mr. Clarke, of Henry, moved as a Substitute therefor, as follows :

" In all criminal prosecutions, and in cases involving the life or lib-
erty of an individual, the accused shall have a right to a speedy and
public trial by an impartial jury ; to be informed of the accusation

112

against him, and to have a copy of the 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 ;"
Which was adopted.

The Eleventh Section of the Bill of Rights, as amended by the Com-
mittee of the Whole, being under consideration, as follows :

" No person shall be held to answer for a criminal offence, unless on
presentment or indictment by a grand jury, except in cashes 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 : nor
shall any person be compelled in any criminal prosecution to be a wit-
ness against himself ;

And the substitute therefor, presented by the Committee on Judicial
Department, having been read, as follows :

"All offenses less than felony and in 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 officer
authorized by law, on informrtion under oath, without indictment, or
tne 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
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 ;"

Said Substitute was adopted as the Eleventh Section.

The Thirteenth Section of the Bill of Rights, being under considera-
tion, as follows-:

"The writ of habeas corpus shall not be suspended unless in case of
rebellion, or invasion, the public safety may require it ;"

And, the amendment offered by the Committee on Judicial Depart-
ment, to insert between the words "suspended" and "unless" the
words "nor shall be refused when application is made as required by
law" having been read, •

Said amendment was adopted.

The Eighteenth Section of the Bill of Rights being under considera-
tion, as follows :

"Private property shall not be taken for public use without just com-
pensation ;"

Mr. Harris moved to amend by adding thereto the following:
"First being made or secured to be paid to the owner thereof
as soon as the damages shall be assessed by a Jury who shall not

113

take into consideration any advantages that may result to said owner on
account of the improvement for which it is taken, nor unless the public
exigency requires it ;

Upon the question of agreeing to the amendment, the yeas and nays
were demanded, and it was decided in the negative as follows .*

YEAS.

Messrs. Ayers, Messrs. Harris,
Clarke, of Henry, Marvin,

Day, Palmer,

Gibson, Seely,

Traer— 9.

NAYS.

Messrs. Bunker, Messrs. Patterson,

Clarke, of Johnson, Peters,

Clark, of Alamakee, Price,

Edwards, Scott,

Emerson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Warren,

Hall, Wilson,

Johnston, Winchester,

Parvin, Young,
Springer, (Prest.,)— 23.

Mr. Wilson moved to amend said section by adding thereto, as follows :

"First being made or secured to be paid 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 ;"

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Gray,

Bunker, Harris,

Clarke, of Henry, Marvin,

Clark, of Alamakee, Palmer,

Day, Parvin,

Ells, Seely,

Gibson, Traer,

Gillaspy, Wilson,

Young— 17.
8

114

NAYS.

Messrs. Clarke, of Johnson, Messrs. Price,

Edwards, Scott,

Emerson, Skiff,

Gower, Solomon,

Hall, Todhunter,

Johnston, Warren,

Patterson, Winchester,

Peters, Springer (P. )16.

Mr. Clark, of Alamakee, offered the following to come in as the
Nineteenth Section of the Bill of Rights :

"Private roads may be opened in the manner prescribed by law, but
in every case the necessity of the road and the amount of damages
sustained by the opening thereof shall first be determined by a jury of
disinterested freeholders and such amount together with the expenses of
the proceeding shall be paid by the person or persons benefitted thereby
before said road shall be opened ;"

Upon this question, the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Ells,
Clarke, of Henry, Gray,

Clark, of Alamakee, Marvin,

Day, Seely,

Traer— 9.

NAYS.

Messrs. Ayers, Messrs. Parvin,

Clarke, of Johnson, Peters,

Edwards, Price,

Emerson, Scott,

Gibson, Skiff,
Gillaspy, , Solomon,

Gower, Todhunter,

Hall, Warren j

Harris, Wilson,

Johnston, Winchester,

Palmer, Young,

Patterson, Springer (P.) 24.

The Twentieth Section of the Bill of Rights being under considera-
tion, as follows :

'•The people have the right freely to assemble together to counsel for

115

the common good ; to make known their opinions to their representa-
and to petition for a redress of grievances ;"

The amendments made in the Committee of the Whole to insert after
the word "together" the words "in a peaceable manner" and to strike
out the word "counsel" and insert the word "consult ;"

Were severally disagreed to.

The Twenty-first Section of the Bill of Rights being under consid-
eration, as follows :

"No bill of attainder, ex post- facto law, or law impairing the obliga-
tion of contracts, shall ever be passed ;"

And the question being upon agreeing to the amendment made in
Committee of the Whole, to insert between the words "contract" and
"shall" the words "or the right of property,"

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Emerson,. Messrs. Harris,
Gillaspy, Peters,

Hall, Price,

Solomon — 7.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Skiff,

Ells, Todhunter,

Gibson, Traer,

Gower, Warren,

Gray, Wilson,

Johnston, Winchester,

Young, Springer ( P. , ) 26.

The Twenty-third Section of the Bill of Eights being under consid-
eration, as follows :

"Neither slavery nor involuntary servitude unless for the punishment
of crimes shall ever be tolerated in this State ;"

Mr. Wilson offered the following as a substitute for said section :

116

"There shall be no slavery in this State : nor shall there be involun-
tary servitude unless for the punishment of crime ;"
Which was adopted.

Mr. Solomon offered the following to come in as the Twenty- fourth
Section of the Bill of Rights :

"The manufacture of, or traffic in, property which is a production of
this State or a legitimate article of traffic with other States, or foreign
nations, shall not be prohibited ;"

Mr. Clarke, of Johnson, offered as a Substitute for said proposed
section as follows :

The right of the people to prohibit by law the manufacture and sale
of intoxicating liquors as a beverage shall not be violated or abrogated ;

Mr. Edwards moved that the proposed section and the substitute
therefor be laid on the table ;

Upon the question of agreeing to this motion the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Patterson,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Todhunter,

Emerson, Traer,

Gibson, Warren,

Gower, Wilson,

Harris, Winchester,
Young— 21.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Parvin,
Ells, Peters,

Gillaspy, Price,

Gray, Skiff,

Hall, Solomon,

Johnston, Springer, (P.) 12.

The amendment made in the Committee of the Whole to the Bill of
Rights, and intended to come in as the Twenty-fourth section, being
under consideration, as follows :

24. Exclusive jurisdiction shall never be granted to the Government
of the United States over any territory embraced within the limits of
this State ;

117

The question being upon agreeing to the same,

The yeas and nays were demanded, and it was .decided in the nega-
tive as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Traer,

Scott, Warren,

Seely, Wilson,

Solomon, Young,

Springer, (Prest.,) — 9.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Clark, of Alamakee,
Day,
Edwards,
Emerson,
Gibson,
Gillaspy,
Gower,
Gray,

Winchester— 23.

Messrs. Hall,
Harris,
Johnston,
Marvin,
Palmer,
Parvin,
Patterson,
Peters,
Price,
Skiff,
Todhunter,

Mr. Clarke, of Henry, offered the following to come in as the Twen-
ty-fourth section of the Bill of Rights :

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 ;

Which was adopted. •

Mr. Clarke, of Henry, offered the following as an additional section
to the Bill of Rights :

"Such parts of the common law as are not repugnant to this Consti-
tution and the statutory laws of the State, shall be and continue the
law of this State "subject to such changes and alterations therein
as the General Assembly may make ;"

Which was not agreed to.

Mr. Bunker offered the following as a substitute for the first section
of the Bill of Rights ;

All men are by nature equally free and equally dependent on each
other, and are possessed of certain inherent and inalienable right*,

118

among which are those of enjoying and defending life and liberty and
pursuing and obtaining safety and happiness ;

On motion,

The same was laid on the table.

The consideration of the report of the Committee of the Whole on
the Preamble and Bill of Rights having been concluded,

On motion of Mr. Clarke, of Johnson,
The same was ordered to lie on the table.

Mr. Clarke, of Henry, from the Committee on Incorporations present-
ed the following

REPORT.

The Committee on Incorporations to whom was referred the resolu-
tion of Mr. Gower — at a time when they had matured the plan of the
report heretofore submitted by them — would further respectfully report :

The act for a State Bank and branches, annexed to said resolution »
meets with the approval of the committee in all its main features and
so far as the provisions extend.

But after providing suitable Constitutional restraints and limits within
which laws may be formed, the details of special enactment fall more
legitimately to the province of a Legislative body than to this Con-
vention.

They would for this reason deem it inexpedient to engraft into the
Constitution the "Bill" annexed to said resolution with or without
amendments.

Respectfully,

R. L. B. CLARKE,

Chairman.

Which report was read, and ordered to be laid upon the table.

On motion of Mr. Winchester,
The Convention then adjourned.

119

WEDNESDAY MORNING, FEBRUARY 4, 1857.

At nine o'clock, A. M. , the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday was read and approved.

Mr. Parvin presented the petition of Charles Jackson and thirty-two
others, colored people of the State of Iowa, praying that the Constitu-
tion may be so modified as to grant to persons of their class, the right
of suffrage ;

Which was read and referred to the Committee on Right of Suffrage.

Mr. Todhunter presented the memorial of John S. Deakin and
eighty- four others, citizens of Iowa, asking that the clause in the pres-
ent Constitution, restricting the size of counties to certain limits, be
modified, or entirely omitted, in the revised Constitution ;

Which was read and referred to the Committee on Miscellaneous

Matter.

Mr. Skiff moved to refer the Report of the Committee on Right of
Suffrage to a select committee of five ;

Upon the question of agreeing to this motion, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Price,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hall, Wilson,

Harris, Springer, (P. ) 18.

NAYS.

Messrs. Ayers, Messrs. Marvin,
Day, Palmer,

Edwards, Patterson,

120

Messrs. Emerson, Messrs. Peters,

Gibson, Solomon,

Gillaspy, Winchester,

Johnston, Young. — 14.

The President then appointed Messrs. Skiff, Hall, Clarke, of Henry,
Price and Marvin, said Committee.

The Report of the Committee on Distribution of Powers and Legis-
lative Department having been read,

Mr. Clarke, of Johnson, moved that the same be laid on the table,
and be made the special order for Friday morning ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Marvin, Young,

Parvin, Springer (P, )— 18.

NAYS.

Messrs. Day, Messrs. Johnston,

Edwards, Palmer,

Emerson, Patterson,

Gibson, Price,

Gillaspy, Skiff,

Hall, Solomon,

Harris, Winchester — 14.

The report of the Committee on Executive Department, having been
read,

Mr. Price moved that it be laid on the table and made the order
of the day for Monday next ;

Which was agreed to.

Mr. Gillaspy moved that the Convention do now adjourn ;
Which motion was not agreed to.

Mr. Gillaspy then moved to take up the Report of the committee on

121

Preamble and Bill of Rights which was laid on the table yesterday
afternoon ;
Which motion was agreed to.

Mr. Clarke, of Henry, , moved that the same be referred to a select
committee of three;

Mr. Hall moved to amend the motion by referring the same to the
select committee already raised, to whom had been referred the Report
of the Committee on Right of Suffrage ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,
Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Skiff— 12.

NAYS.

Messrs. Bunker, Messrs* Parvin,
Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Solomon,

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Harris, Winchester,

Marvin, Young,

Springer, (Prest.,) — 21.

Mr. Hall moved to amend the motion to refer so as to instruct the
committee to consider alone the Fourth Section of said Report ;

Mr. Clarke, of Henry, moved to amend the amendment so as to in-
clude the First, Fourth, Tenth and Eighteenth Sections of said Report ;

Which motion was agreed to.

The motion to refer the Report of the committee on Preamble and
Bill of Rights to a select committee of three, with instructions to con-
sider the First, Fourth, Tenth and Eighteenth Sections thereof,

Was then agreed to ; and
8*

122

The President appointed Messrs. Clarke, of Henry, Harris and Wil-
son said Committee.

The Reports of the majority and minority of the committee on Judi-
cial Department, having been read, respectively,

Mr. Edwards moved that they be made the special order for this
afternoon at 2 o'clock, P. M.

Which motion was agreed to.

On motion of Mr. Traer,

The Convention then adjourned.

WEDNESDAY AFTERNOON.

At 2 o'clock, P. M., the Convention again met.

On motion of Mr. Edwards,

The Convention resolved itself into Committee of the Whole, Mr.
Johnston in the Chair, upon the consideration of the Reports of the
majority and minority of the Committee on Judicial Department : and,
after some time spent therein, the Committee rose :

, The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them ; and the
Committee asked and obtained leave to sit again.

Mr. Clarke, of Johnson, moved that the Report of the Committee of
the Whole be laid on the table and that the subject they have under con-
sideration be made the special order for to-morrow morning ;

Which motion was agreed to.

On motion of Mr. Clarke, of Johnson,
The Convention then adjourned.

THURSDAY MORNING, FEBRUARY 5, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Cnair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Parvin offered the following :

Resolved, That the majority and minority reports of the committee
;on Judicial Department be referred to the same committee, with instruc-
tions to report the old system so changed as to elect the Supreme
Judges, and re- district the the State into not more than ten districts.

The Chair having ruled that action on said resolution would be out of
order at this time,

The Convention proceeded to the consideration of the special order of
the day.

The Convention then resolved itself into committee of the Whole,
Mr. Johnston in the Chair, upon the consideration of the Reports of
the majority and minority of the committee on Judicial Department ;
and, after some time spent therein, the committee rose.

The Convention having again come to order,

The chairman of the committee of the Whole reported that progress
had been made in the consideration of the subject before them : and
the committee asked and obtained leave to sit again.

On motion -of Mr. Harris,
The Convention then adjourned.

124

THURSDAY AFTERNOON.
At two o'clock, P. M., the Convention again met.

Mr. Clarke, of Henry, asked leave to make a report on behalf of the
majority of the committee on Judicial Department ;

Which the Chair ruled out of order for the reason that the subject
was in possession of the committee of the Whole.

The Convention then resolved itself into committee of the Whole, Mr.
Johnston in the Chair, upon the consideration of the Reports of the
majority and minority of the committee on Judicial Department, and
after some time spent therein, the committee rose:

The Convention having again come to order,

The chairman of the committee of the Whole reported back the
Reports of the majority and minority of the committee on Judicial De-
partment without amendment.

On motion of Mr. Clarke, of Henry>

Said Reports were then referred to the committee on Judicial Depart-
ment.

Mr. Clarke, of Henry, from the committee on Judicial Department,
then reported a Substitute for said Reports, as follows :

The majority of the committee on the Judiciary ask leave to make
the following

REPORT.

SECTION 1. The judicial power shall be vested in a Supreme Court,
District Courts, Circuits Courts, and such other inferior Courts as the
General Assembly may establish.

SEC. 2. The Supreme Court shall consist of a Chief Justice and two
Associate Justices, two of whom shall be a quorum to hold Court.
They shall be elected by the people of the State at large, and shall hold
their office six- years (except as herein provided), and until their suc-
cessors shall be elected and qualified. The salary of each shall not be
less than two thousand dollars nor more than five thousand dollars per
annum, to be fixed by law, and not changeable during their term of
office.

125

SEC. 3. The State shall be divided into three judicial districts, to be
bounded by county lines, and as nearly equal in population and territo-
ry as may be, and each of said districts shall be subdivided in the same
manner, into four divisions, called circuits.

SBC. 4. There shall be twelve District Judges, who shall also be
Circuit Judges, one of whom shall reside, after his election, in each of
the said circuits ; shall be elected by the people of the districts a,t large,
and to hold office for four years, (except as herein provided,) and until
their successors are elected and qualified ; and shall have each a salary
of not less than one thousand dollars, nor over three thousand dollars,
and not changeable during their term of office.

SEC. 5. At the first election of judicial officers under this Constitu-
tion— which shall be at the first general election after its adoption —
they shall be so classified, under provisions of law, that one of the Su-
preme Court Judges shall go out of office every two years, and one of
the District Judges in each district shall go out of office every year, and
their successors shall be elected for the full terms. The Justice of the
Supreme Court having the longest term at the first election, shall be
Chief Justice ; and after the expiration of his term, the Justice long-
est presiding shall be Chief Justice. And in each district the Judge
elected for the longest term shall be Presiding Judge, and after the ex-
piration of his term, the Judge longest presiding shall be thus desig-
nated.

SEC. 6. The resident Judge in each circuit shall hold the courts
therein, except when otherwise provided by law, and the Circuit Court
shall be courts of law and equity, having jurisdiction! n each, over all
matters, civil or criminal, arising 'in their respective circuits, under such
regulations as the law may provide.

SEC. 7. The District Courts shall be composed by the meeting of the
Circuit Judges in each district in bank, at such times and places as shall
be provided by law ; any three of whom shall constitute a quorum to
hold a court ; but no Judge shall vote, or join in an opinion, in a case
which was tried before him in the Circuit Court ; nor in which he may
be or may have been interested ; nor in which he may be, or may have
been connected as attorney or counselor at law. The General Assembly
may make provisions for justices of the Supreme Court, and Judges
from another district, to sit upon the bench of the District Courts in
cases where it may be necessary, or for the good of the public.

SEC. 8. The District Courts shall have exclusive jurisdiction in all
matters arising in the Circuit Courts of their respective districts, and
brought up on appeal or writ of error, in such manner as shall be pro-
vided by law, except in cases where the law may provide for their going
directly to the Supreme Court.

126

r-.SE.e. 9. ,Tfe6 Supreme Court shall have appellate jurisdiction in chan-
cery,- and constitute a court for the correction of errors at law, in all
cases coming from, the District Courts ; and in such cases from the
Circuit Courts as the law may provide ; — and shall have the right to
appoint its own clerk and reporter.

' SEC. 10. There shall be a clerk of the Circuit Court elected in each
county wThere a term of such court shall be appointed by law to be held,
who shall also be clerk of the District Court in those counties where
said District Courts shall be appointed by law to be held.

SEC. 11. Each of said courts shall exercise a supervisory control
over all inferior courts within the limits of their respective jurisdictions
and be conservators of the peace therein ; they shall have power to issue
at! usual writs and process and to enforce the same.

SEC.' 12. No judicial officer, provided for herein, .shall be eligible to
any other office during the term for which he shall be elected ; except
that district judges shall be eligible to the office of Justice of the Su-
preme Court ; and their terms of ;office shall commence the 1st of Jan-
uary next after their election, but in cases of a vacancy the same may
be filled by appointment by the Governor, until it shall be supplied at
the next general election, when it shall be filled by election for the res-
idue of the unexpired term.- ,

SEC, 13. It shalj.be the duty of the General Assembly to make such
provisions by law as shall be necessary for the carrying into effect of
this article and to provide f oi? a regular system of practice in all the
courts of the State. To provide for the election of an Attorney General
to reside at the Capital and for the election of Prosecuting Attorneys
in each circuit, in lieu of the Prosecuting Attorneys in the several
counties, and to prescribe their powers, duties, terms of office and
salary.

SEC. 14. The style of all process shall be, "The State of Iowa;"
and all prosecutions shall be conducted in the name and by authority of
the same.

SEC. 15. After the year 1860, the General Assembly may re- organize
the judicial districts, and increase or diminish the number of districts,
or the number of Judges of the Supreme or District Courts ; but such
increase or diminution shall not be more than one district, or one Judge
of either Court at a time ; 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 increase or diminution
of the Judges shall take place every five years thereafter, if necessary,
and at no other time.

127

SEC. 16. The Supreme Court, with one District Judge from each
district, to be selected as shall be provided by law, shall form a Court
for the trial of all impeachments, except in cases where a Justice of the
Supreme Court is upon trial, when the Court shall be composed of the
District Judges, a majority of whom shall constitute a quorom. Incom-
petency shall be a ground for impeachment, in a judicial officer ; and
all impeachments must be found by the General Assembly.

R. L. B. CLARKE,

J. C. HALL,

PANIEL II. SOLOMON,

Committee.

Which, after having been read,
On motion of Mr. Skiff,

Was laid upon the table, and one hundred copies thereof were
ordered to be printed for the use of the Convention.

Mr. Clarke, of Johnson, from the Committee on Judicial Depart-
ment, made a minority report, being the^same which he had previously
reported from the minority of said Committee ;

Which was read and ordered to lie upon the table.

The Convention then proceeded to the consideration of the Report of
the committee on State Debts :

Said report having been read,

The Convention resolved itself into committee of the Whole, upon its
consideration, Mr. Gray in the Chair, and after some time spent therein,
the committee rose.

The convention having again come to order,

The Chairman reported, that the Committee of the Whole to whom
had been referred the Report of the committee on State Debts, had
the same under consideration, and had instructed him to report the same
J>ack to the Convention with sundry amendments ;

Said report was received and the committee discharged.

On motion of Mr. Clarke, of Johnson, the report of the committee
o£ the Whole was laid upon the table, subject to the order of the Con-
vention.

On motion of Mr. Traer,
The convention then adjourned.

128

FRIDAY MORNING, FEBRUARY 6, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Traer from the select committee on the Basis of Representation
made the following

REPORT.

Mr. PRESIDENT :•• —

The committee to whom was referred that part of the
Constitution relating to the basis of representation have had the same
under consideration andThave instructed me to report the following sec-
tions as an amendment to the article on legislative department as re-
ported by your standing committee. Insert after section 36 as follows :

SECTION 1. The House of Representatives shall be based upon the
several counties of the State in the following manner : Provided, That
no Representative district shall contain more than four organized coun-
ties and shall be entitled to one Representative. Any district contain-
ing one or more counties and having a number of inhabitants equal to
one-half of the ratio fixed by law, shall be entitled to one Representa-
tive, 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 ad-
ditional Representative. Provided farther, That no floating district
shall hereafter be formed.

SEC. 2. At its first session under this Constitution, and at every sub-
sequent session, the General Assembly shall proceed to fix the ratio of
representation and also to form into districts as above provided, those
counties which will not be entitled to a Representative singly under the
provision of the preceding section.

All of which we respectfully submit,

J, C. TRAER,

Chairman.

Mr. Solomon dissents from the above in the fact that he prefers a

1-29

strict county representation which will secure at least one member to each
county.

The reading of said report was dispensed with, and the same was or-
dered to lie on' the table, and that one hundred copies thereof be print-
ed for the use of the Convention.

Mr. Skiff offered the following resolution :

Resolved, That James Hawkins, First Messenger, be discharged from
further duty in this Convention ;

Mr. Harris moved to amend by striking out the word " discharged"
and what follows, and .insert "reprimanded by the President for want
of attention and courtesy to members ;"

Mr. Hall moved to lay the resolution upon the table subject to the or-
der of the Convention ;

Which motion was agreed to.

Mr. Traer moved to postpone the special order for this morning, be-
ing the consideration of the,report of the Committee on Distribution of
Powers and Legislative Department, until Tuesday next ;

Which was agreed to.

On motion of Mr. Traer,

The Report of the Committee of the Whole on State DebtB was taken,
up, the same being upon its second reading.

The Second Section of said report having been read, and,
The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by striking out "one hundred thou-
Band dollars" and inserting "two hundred and fifty thousand dollars,"

Mr. Clarke, of Johnson, moved to amend the amendment by substi-
tuting "five hundred thousand dollars" for "two hundred and fifty
thousand dollars ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Gower,

Clarke, of Johnson, Skiff,

Ells, Young,

Springer, (Prest.,) — 7.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Clark, of Alamakee, Palmer,

130

Messrs.

Day, Messrs.

Parvin,

Edwards,

Patterson,

Emerson,

Peters,

Gibson,

Price,

Gillaspy,

Scott,

Gray,

Solomon,

Hall,

Traer,

Harris,

Warren,

Johnston,

Wilson,

Winchester— 23.

Upon the question of agreeing to the amendment made in Committee
of the Whole,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Patterson,

Edwards, Seely,

Ells, Skiff,

Gower, Traer,

Gray, Winchester,

Hall, Young,
Springer, (Prest.,) — 17.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Day, Peters,

Emerson, Price,

Gibson, Scott,

Gillaspy, Solomon,

Harris, Warren,

Johnston, Wilson — 14.

The amendment made in Committee of the Whole to said report, to
come in as Sec. 3, being under consideration, as follows :

SEC. 3. All losses to the permanent school or university fund of this
State, which loss shall have been occasioned by the mismanagement or
fraud of the agents or officers controlling and managing the same, shall
be audited by the proper authorities of the State. The amount so aud-
ited shall be a permanent funded debt against the State in favor of
these respective funds, upon which ten per cent, interest payable semi-
annually shall be paid for school and university purposes. The amount

131

of liability so created shall not be counted as a part of the indebtedness
authorized by the second section of this article ;

Mr. Clarke, of Johnson, moved to strike out the word "ten" in said
proposed section, and insert the words " not less than six ;" and the
words "serni- annually" and insert "annually ;"

Which motion was agreed to.

Said proposed section, as amended, was then agreed to.

The amendment made in Committee of the Whole to the fourth sec-
tion of said repert, to strike out near the beginning of said section, the
words "specified in the second and third sections of" and insert th«
words, "herein before specified in," being under consideration,

The same was agreed to.

Mr. Clarke, of Johnson, moved to amend the fifth section of Baid re-
port by striking out the latter words of said section, as follows-: "pro-
ceeds thereof shall have made the provisions herein before specified to
pay and discharge the interest and principal of such debt and liability ;"
—and to insert the words "principal and interest are fully paid ;"

Which motion was agreed to.

Mr. Clarke, of Johnson, offered the following as an additional
•ection :

SEC. — Every contract made or entered into, which either directly
or indirectly violates the provisions of this Article, shall be null and
void :

Upon the question of agreeing to the same, the yeas and nayi were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Palmer,

Clarke, of Henry, Peters,

Clarke, of Johnson, Price,

Ells, Scott,

Emerson, Winchester,

Gower, Young,
Springer, (Prest.,) — 13.

-NAYS.

Messrs. Ayers, Messss. Johnston,
Clark, of Alamakee, Marvin,

Day, Parvin,

Edwards, Patterson,

Gibson, Seely,

132

Messrs. Gillaspy, Messrs. Skiff,

Gray, Solomon,

Hall, Traer,

Harris, Wilson— 18.

Mr. Winchester moved that the report of the committee on State
Debts as amended be engrossed and ordered to have a third reading ;
Which motion was agreed to.

The Report of the committee on Incorporations was then taken up.
Said report having been read,

Mr. Harris moved that it be made the special order for this afternoon
at two o'clock ;

Mr. Clarke, of Henry, moved to amend by making it the special or-
der for Wednesday next ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Gower,

Clarke, of Henry, Gray,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Traer,

Ells, Wilson,

Springer, (Prest.,) — 11.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Day, Palmer,

Edwards, Parvin,

Emerson, Patterson,

Gibson. Peters,

Gillaspy, Seely,

Hall, Solomon,

Harris, Warren,

Johnston, Winchester,
Young,— 19.

Mr. Clarke, of Johnson, moved to amend so that said report be made
the special order for Saturday next ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative as follows :

133

YEAS.

Messrs. Bunker, Messrs. Ells,

Clarke, of Henry, Gower,

Clarke, of Johnson, Gray,

Clark, of Alamakee, Wilson,

Springer, (Prest.,)— 9.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Day, Parvin,

Edwards, Patterson,

Emerson, Peters,

Gibson, Scott,

Gillaspy, Seely,

Hull, Solomon,

Harris, Traer,

Johnston, Warren,

Marvin, Winchester,
Young,— 21.

The motion of Mr. Harris to make said ret>ort the special order for
this afternoon,

Was then agreed to.

On motion of Mr. Harris,
The Convention then adjourned.

FRIDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

On motion,

The Convention resolved itself into Committee of the Whole, Mr.
Traer in the Chair, upon the consideration of the Report of the Com-
mittee on Incorporations ; and, after some time spent therein, the Com-
mittee rose.

The Convention having again come to order,

134

The Chairman of the Committee of the Whole reported that pro-
gress had been made in the consideration of the subject before them ;
and the Committee asked and obtained leave to sit again.

On motion of Mr. Skiff,

The Convention then adjourned, .until ten o'clock to-morrow morning.

SATURDAY MORNING, FEBRUARY 7, 1857.

At ten o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

On motion,

The Convention resolved itself into Committee of: the Whole, Mr.
Traer in the Chair, upon the consideration of the Report of the Com-
mittee on Incorporations ; and, after some time spent therein, the
Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them ; and
the Committee asked and obtained leave to sit again.

Mr. Skiff moved that the Convention adjourn until ten o'clock Mon-
day morning ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Ells,

Clarke, of Johnson, Skiff,

Traer— 5.

135

NAYS.

Messrs

. Ayers,

Messrs. Parvin,

Clarke, of Henry,

Palmer,

Clark, of Alamakee,

Patterson,

Day,

Peters,

Edwards,

Price,

Emerson,

Robinson,

Gibson,

Scott,

Gillaspy,

Seely,

Gower,

Solomon,

Gray,

Warren,

Hall,

Wilson,

Harris,

Winchester,

Johnston,

Young,

Marvin,

Springer,(P.)28

On motion of Mr. Harris,
The Convention then adjourned.

SATURDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention resolved itself into Committee of the Whole, Mr.
Traer in the Chair, upon the consideration of the Report of the com-
mittee on Incorporations ; and, after some time spent therein, the Com-
mittee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them ; and
the committee asked and obtained leave to sit again.

On motion of Mr. Traer,

The Convention adjourned until ten o'clock, A. M., Monday morning.

136

MONDAY MORNING, FEBRUARY 9th, 1857.

At ten o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of Saturday's proceedings was read and approved.

Mr. Parvin moved that the special order of the day, being the con-
sideration of the Report of the committee on Executive Department,
be postponed ;

Which motion was agreed to.

The Convention then resolved itself into Committee ef the Whole,
Mr. Bunker in the Chair, upon the consideration of the Report of the
Committee on Incorporations ; and, after having spent some time therein,
the committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and
the Committee asked and obtained leave to sit again.

On motion of Mr. Skiff,

The Convention then adjourned.

MONDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention resolved itself into Committee of the Whole, Mr.
Banker in the Chair, upon the consideration of the Report of the com-
mittee on Incorporations ; and, after some time spent therein, the com-
mittee rose.

137

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and the
committee asked and obtained leave to sit again.

Mr. Ells offered the following :

Resolved, That no member shall be allowed to speak more than
twice on any one subject, nor more than twenty-five minutes at one
time ;

Which resolution, under the Rule adopted by the Convention, was laid
over for one day before being acted upon.

Mr. Gillaspy offered the following :

Resolved, That this Convention adjourn on the nineteenth instant,
sine die ;

Mr. Clarke, of Johnson, moved that said resolution be laid upon the
table ;

Upon the question of agreeing to this motion, the yeas and nays
were demanded, and it was decided in the affirmative, by the following
vote :

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Messrs. Harris,
Marvin,
Palmer,
Parvin,
Scott,
Wilson,
Young,

NAYS.

Messrs. Ayers,
Day,
Gibson,
Gillaspy,
Hall,
Johnston,
Patterson,

Springer, (P.) 16

Messrs. Peters,

Kobinson,

Seely,

Skiff,

Solomon,

Warren,

Winchester, — 14.

On motion of Mr. Palmer,

The Convention then adjourned, until to-morrow morning at ten
o'clock.
9*

138

TUESDAY MORNING, FEBRUARY 10, 1857.

At ten o'clock, A. M. , the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The President presented the petition of Henry C. Blake and thirty-
three others, praying for the adoption of some Constitutional provision
for the enactment of laws by the General Assembly for the observance
of the Christain Sabbath ;

On motion of Mr. Skiff,

The same was referred to the committee on Miscellaneous Matter.

On motion of Mr. Harris,

The special order of the day, being the consideration of the Report
of the committee on Distribution of Powers and Legislative Depart-
ment, was postponed.

The resolution offered yesterday by Mr. Ells, and which was laid over
one day for consideration, under the rule adopted by the Convention,
was then taken up, as follows :

Resolved, That no member shall be allowed to speak more than twice
on any one subject, nor more than twenty-five minutes at one time ;

Mr. Skiff moved to amend by adding thereto, the following words :
"after said subject has once been considersd in Committee of the
Whole ;"

Mr. Ells moved to lay the resolution on the table ;
Which motion was not agreed to.

The amendment offered by Mr. Skiff was then agreed to.

On motion of Mr. Johnston,

The resolution, as amended, was then laid on the table.

The Convention then resolved itself into Committee of the Whole,
Mr. Bunker in the Chair, upon the consideration of the Report of the

139

committee on Incorporations ; and, after some time spent therein, the
committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and the
committee asked and obtained leave to sit again.

On motion of Mr. Skiff,

The Convention then adjourned.

TUESDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention then resolved itself into Committee of the Whole,
Mr. Bunker in the Chair, upon the consideration of the report of the
committee on Incorporations ; and, after some time spent therein, the
committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and
the committee asked and obtained leave to sit again.

On motion of Mr. Harris,

The Convention then adjourned.

140

WEDNESDAY MORNING, FEBRUARY 11, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Parvin presented the memorial of Henry O'Connor and one
hundred and ninety-eight others, citizens of Muscatine county, protest-
ing against the incorporation in the Constitution of any provision again
imposing upon the black population of this State the disabilities in
regard to giving evidence in Courts, and the holding of property ;

Which was read and referred to the Special Committee having in
charge the consideration of the Bill of Rights.

The Convention then resolved itself into Committee of the Whole,
Mr. Bunker in the Chair, upon the consideration of the Report of the
Committee on Incorporations : and, after some time spent therein, the
committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported
the same back to the Convention with sundry amendments ;

On motion, the report was received and the Committee discharged.

On motion of Mr. Harris,

The Convention then adjourned.

WEDNESDAY AFTERNOON.

At 2 o'clock, P. M., the Convention again met.

The Report of the Committee on Incorporations, as amended in
Committee of the Whole, was then taken up, the same being upon the
second reading.

141

The First Section of said Report being under consideration, as fol-
lows :

SECTION 1. No corporations shall be created by special law, but the
General Assembly shall ^provide by general law for the organization of
all corporations hereafter to be created except as herein provided,

The amendment made in Committee of the Whole to said section to'
insert the word "otherwise", after the word "herein,"
Was agreed to.

The Second Section of said Report being under consideration, as
follows :

SEC. 2. 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,

The amendments made in Committee of the Whole to said section by
striking out the word "their" and inserting "the ;" and inserting be-
tween the words "property" and "shall," the words "of all corpora-
tions for pecuniary profit ;"

Were severally agreed to.

The Fourth Section of said Report being under consideration, as
follows :

SEC. 4. No political or municipal corporation shall become a stock-
holder in any banking corporation directly or indirectly ; nor in any
other corporation or corporations to an amount exceeding at one time
two hundred thousand dollars : nor shall the bonds or other evidences
of indebtedness of any municipal or political corporation be issued or
granted, or its credit loaned directly or indirectly, or pledged as secu-
rity, to an amount in the aggregate exceeding two hundred thousand
dollars, at any one time;"

The question then being upon agreeing to the amendment made in
Committee of the Whole to said section, to strike out all after the word
"indirectly" near the beginning,

Mr. Skiff moved to amend the amendment by inserting as follows :

"Nor in any other corporation or corporations to an amount exceeding
at one time two hundred thousand dollars, provided said amount shall
not exceed five per cent, on the taxable property of such corporation as
shown by the last preceding assessment ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

142

YEAS.

Messrs. Clark, of Alamakee, Messrs. Traer,
Harris, Warren,

Skiff, Wilson,

Young — 7.

NAYS.

Messrs. Avers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Day, ;
Edwards,
Ells,
Gibson,
Gillaspy,
Gower,
Gray,
Hall,

.Springer, (Prest.,) — 25.

Messrs. Johnston,
Marvin,
Palmer,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Solomon,
Winchester,

The question recurring upon agreeing to the amendment made in
Committee of the Whole,

The yeas and nays were demanded, and it was decided in tho
affirmative, as follows :

YEA3.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Day,
Edwards,
Ells, •
Gibson,
Gillaspy,
Gower, .
Gray,
Hall,
Harris,
Johnston,
Marvin
Palmer,

Messrs. Parvin,

Patterson,

Peters,

Price,

Robinson,

Scott,

Seely,

Skiff,

Solomon,

Traer,

Warren,

Wilson,

Winchester,

Young, .

Springer, (P) 30.

KAYS.
Mr. Clarke, of Henry, Mr. Clark, of Alamakee — 2.

143

The Fifth Section o£ said Report being under consideration, as
follows :

"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 money, contracting debts, issuing
bonds, and loaning their credit so as to prevent, as far as possible, un-
necessary burdens, and unjust taxation and frauds,

The amendment made in Committee of the Whole to said section, by
striking out the words "as far as possible" near the latter part thereof,

Was agreed to.

The Seventh Section of said Report being under consideration, as
follows :

SEC. 7. If a general banking law is passed, it shall provide, amongst
other things, 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 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 their average value
in the city of New York, for the thirty days next preceding their de-
posit ; and also provide for the recording of the names of all stock-
holders in such corporations, the amount of stock held by each, the time
of any transfer, and to whom,

The amendment made in Committee of the Whole to said section, by
inserting the words "twenty per cent, below," near the middle thereof,
and between the words "at" and "their,"

Was agreed to.

The Eighth Section of said Report being under consideration, as
follows :

SEC. 8. 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 ; and in all
cases where its stock shall be transferred, the liability of the transferrer
shall not cease, nor shall the liability of the transferree commence until
the expiration of six months after such transfer shall have been duly
recorded as provided by law,

The amendment made in Committee of the Whole to said section, to
strike out all after the word ''liabilities" near the middle thereof arid
insert the words "created during the time that the person sought to b*
charged, was a stockholder in such banking corporation,"

Was agreed to.

144

The Ninth Section of said Report being under consideration, as
follows :

SEC. 9. The General Assembly may also charter a State Bank with
branches, to be founded upon an actual specie basis,

The amendment made in Committee of the Whole to said section, by
adding thereto, as follows : "or on stocks as authorized by the seventh
section, or both,"

Was agreed to.

The Tenth Section of said Report being under consideration, as
follows :

SEC. 10. If such a State Bank be established, the branches shall be
mutually responsible for each others liabilities upon all paper credit is-
sued as money, and the liabilities of stockholders shall be the same as
those of banks organized under a general law, all of which shall be pro-
vided for by law.,

The amendment made in Committee of the Whole to said section, by
striking out all after the word money, near the middle thereof,

Was agreed to.

The Eleventh Section of said Report being under consideration, as
follows :

SEC. 11. It shall be the duty of the General Assembly, in case of its
passing either or both of the banking 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 people of this State a safe and reliable currency,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by adding thereto as follows :

"All frauds that may be committed by persons having the control or
management of any bank or banks established under this Article which
shall materially affect the credit of such bank or banks, or diminish the
capacity of such bank or banks to redeem the notes, or pay the deposits,
shall be punished as a felony ; and, it shall be the duty of the General
Assembly to provide by law for such punishment,"^

Mr. Clarke, of Henry, offered the following as a Substitute for said
amendment :

"And towards this end they shall provide laws denning the offences of
such frauds, with suitable pains and penalties as a punishment for the
same ;"

Upon the question of adopting said Substitute, the yeas and nays
were demanded, and it was decided in the negative as follows :

145

YEAS.

Messrs. Clarke, of Henry, Messrs. Scott,

Glark, of Alamakee, Seely,

Gray, Traer,

Marvin, Warren,
Springer, (Prest.,) — 9.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Day,
Edwards,
Gibson,
Gillaspy,
Gower,
Hall,.
Harris,
Johnston,

Messrs. Palmer,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Skiff,
Solomon,
Wilson,
Winchester,
Young— 22.

The question then recurring upon agreeing to the amendment made
in Committee of the Whole to said section,

The yeas and nays were demanded, and it was decided in the negative,
as follows :

YEAS.

Messrs. Ayers,
Bunker,

Clarke, of Johns on >
Day, '
Gibson,
Gillaspy,
Hall,
Harris,

NAYS.

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Parvin,

Scott,

Messrs. Johnston,
Marvin,
Palmer,
Patterson,
Peters,
Price,
Robinson,
Solomon — 16.

Messrs. Seely,
Skiff,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer, (P.) 16.

146

The Fifteenth Section of said Report being under consideration, as
follows :

SEC. 15. No bill, note, draft, check, or other evidence of debt, shall
be issued for circulation as money except by banking corporations duly
organized under, or created by law,

And, the question being upon agreeing to the amendment made in
Committee of the Whole, to substitute for said section as follows :

SEC. 15. Any person or body of persons, who shall issue for circula-
tion as money, any bill or other evidence of debt, without the authority
of law, shall be deemed guilty of felony, and punished as may be pro-
vided by law,"

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs. Harris,

Clarke, of Johnson, Johnston,

Day, Marvin,

Edwards, Patterson,

Ells, Peters,

Gibson, Price,

Gillaspy, Robinson,

Gower, Scott,

Hall, Young— 16.

NAYS.

Messrs. Ayers, Messrs. Skiff,

Clarke, of Henry, Solomon,

Clark, of Alamakee, Traer,

Gray, Warren,

Palmer, Wilson,

Parvin, Winchester,

Seely, Springer, (P.,) 14.

The Sixteenth Section of said Report being under consideration, as
follows :

SEC. 16. But no general banking law, nor law creating a State Bank,
nor shall amendments thereto, or acts in repeal thereof, take effect until
the same shall have been submitted, separately, to the people, at a gen-
eral or special election, as provided by law, and shall have^been ap-
proved by a majority of all the voters voting for and against it,

The amendment made in Commiitce of the Whole to said section, by

147

inserting after the words "as provided by law," the words "to be held
not less than three months after the passage of the law,"
Was agreed to.

The Seventeenth Section of said Report being under consideration,
as follows :

SEC. 17. Subject to the provisions hereof, the General Assembly
shall have power to amend or repeal all laws for the organization
or creation of corporations, or granting of special privileges or immu-
nities, by a vote of two-thirds of the House of Representatives and
also of the Senate : and no exclusive privileges, except as in this Article
provided, shall ever be granted,

The amendments made in Committee of the Whole to said section, by
inserting between the words "special" and "privileges" the words "or
exclusive;" and, by striking out the words "the House of Represen-
tatives and also of the Senate" and inserting the words "each branch
of the General Assembly, "

Were severally agreed to.

The Nineteenth Section of said Report being under consideration as
follows :

SEC. 19. Private property shall not be taken by corporations for
their use or benefit without compensating the owner for the actual dam-
age resulting to him or her in the taking and manner thereof,

The amendment made in the committee of the Whole, by striking out
said section,

Was agreed to.

The amendments made in Committee of the Whole to said Report
having all been acted upon,

Mr. Clarke, of Johnson offered the following as a Substitute for the
Fourth Section as amended :

SEC. 4. No political or municipal corporation shall become a stock-
holder in any banking corporation directly or indirectly ; but such cor-
porations may become stockholders in corporations for works of inter-
nal improvements within the State, upon a vote of the citizens of such
municipal corporation, under such restrictions as to the mode and amount
of subscription as the General Assembly may prescribe ;

Upon the question of adopting the same, the yeas and nays were de-
manded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Harris,

Clarke, of Johnson, Marvin,

148

Messrs. Edwards,

Messrs. Peters,

Gibson,

Scott,

Gillaspy,

Seely,

Gower,

Winchester,

Young — 13.

NAYS.

Messrs. Ayers,

Messrs. Parvin,

Clarke, of Henry,

Patterson,

Clark, of Alamakee,

Price,

Day,

Robinson,

Ells,

Skiff,

Gray,

Solomon,

Hall,

Traer,

Johnston,

Warren,

Palmer,

Wilson,

Springer, (Prest.,)

19.

Mr. Clarke, of Henry, offered the following amendment to the Fourth
Section as amended :

Nor shall the bonds or other evidences of debt of any municipal or
political corporation be given or granted, or its credit loaned directly
or indirectly, or pledged as security for the benefit of any banking cor-
poration : nor for any other corporation or purpose whatever, to an
amount in the aggregate exceeding Two Hundred Thousand Dollars,
but no municipal or political corporation shall give bonds or become in-
debted in any manner to an amount not exceeding in the aggregate five
per cent, on the value of the taxable property within such corporation,
which value shall be ascertained by the last State and county tax list ;

Mr. Edwards offered the following as a Substitute for said amend-
ment :

4 'But such incorporations shall be allowed to take stock in any work
for internal improvement purposes in an amount not exceeding ten per
cent, on the taxable property of such incorporation by the last assess-
ment list ;"

. Upon the question of agreeing to said Substitute, the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Harris,
Clarke, of Johnson, Marvin,

Edwards, Peters, v

Gibson, Seely,

Gower, Traer— -10.

149

NAYS.

Messrs. Ayers, Messrs. Patterson,

Clarke, of Henry, Price,

Clark, of Alamakee, Robinson,

Day, . . Scott,

Ells, Skiff,

Gillaspy, Solomon,

Gray, Warren,

Hall, Wilson,

Johnston, Winchester,

Palmer, Young,

Parvin, Springer (P.,) 22.

On motion, the words "five per cent" in the latter part of said
amendment was striken out.

Mr. Clarke, of Johnson, moved to fill the blank in said amendment
by inserting the words "eight per cent;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Peters,

Edwards, Scott,

Ells, Seely,

Gibson, Skiff,

Gower, Traer,
Springer, (Prest.,) — 13.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clark, of Alamakee, Patterson,

Day, Price,

Gillaspy, Robinson,

Gray, Solomon,

Hall, Warren,

Harris, Wilson,

Johnston, ' Winchester,
Young— 19.

Mr. Young moved to fill the blank in said amendment by inserting
the words "seven per cent;"

Upon this question the yeas and nays were demanded, and it wai
decided in the negative, as follows :

150

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Ells, Skiff,

Gibson, Traer,

Gower, Warren,

Harris, Young,

Marvin, Springer, (P.) 16.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Clark, of Alamakee, Parvin,

Day, Patterson,

Edwards, Price,

Gillaspy, Robinson,

Gray, Solomon,

Hall, Wilson,

Johnston, Winchester-*-! 6..

Mr. Clarke, of Johnson, moved to fill the blank in said amendment
by inserting the words "six per cent ;"

Upon this question, the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS..

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Skiff,

Clarke, of Alamakee, Traer,

Ells, Warren,

Gibson, Wilson,

Gower, Young,

Harris, Springer, (P.] 16.

NAYS.

Messrs. Ayers, Messrs. Parvin,

Day, Patterson,

Edwards, Peters,

Gillaspy, Price,
Gray, Robinson,

Hall, Seely,

Johnston, Solomon,

Palmer, Winchester — 16.

151

On motion of Mr. Clarke, of Johnson, a call of the House was or-
dered ;
Whereupon, the following gentlemen answered to their names, viz :

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, o'f Alamakee,
Day,
Edwards,
Ells>
Gibson,
Gillaspy,
Gower,
Gray,
Hall,
Harris,
Johnston,
Marvin,

Messrs. Palmer,

Parvin,

Patterson,

Peters,

Price,

Robinson,

Scott,

Seely,

Skiff,

Solomon,

Traer,
Warren,
Wilson,
Winchester,
Young,
Springer, [P.] 32.

Messrs. Todhunter, Emerson and Hollingsworth were then severally
excused,
And further proceedings under the call were dispensed with.

Mr. Marvin moved that the amendment offered to the Fourth Sec-
tion, be laid upon the table ;
Which motion was not agreed to.

Mr. Clarke, of Henry, moved to reconsider the vote by which the
words "five per cent." were stricken out of the amendment offered to
the Fourth Section ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Clark, of Alamakee, Scott,

Ells, Skiff,

Gray, Warren,

Springer, (Prest.,) — 9.

NAYS.

Messrs. Ayers, Messrs. Johnston,
Bunker, Palmer,

Clarke, of Johnston, Parvin,

152

Messrs. Day, Messrs. Patterson,

Edwards, Peters,

Gibson, Price,

Gillaspy, Robinson,

Gower, , Seely,

Hall, Traer,

Harris, Winchester,
Young,— 21.

Mr. Gibson moved to fill the blank in said amendment, by inserting
the words " eleven per cent.;"
Which was not agreed to.

Mr. Marvin moved to fill the blank in said amendment by inserting
the words " nine per cent. ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Johnson, Scott,

Gibson, Seely,

Grower, Skiff,

Harris, Traer,

Marvin, Warren,
Springer, ( Prest. , ) — 13 .

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Parvin,

Day, Patterson,

Edwards, Price,

Gillaspy, Robinson,

Gray, Winchester,

Hall, Young,— 16.

Mr. Clarke, of Henry, by unanimous consent of the Convention,
then withdrew the 'amendment offered by him to the Fourth Section.

Mr. Clarke, of Johnson, offered the following amendment to the
Fourth Section as amended :

, " But such corporations may become stockholders in corporations for
the construction of works of internal improvement within the State,
upon a vote of the citizens of such political or municipal corporation,
not to exceed six per cent, on the assessed value of the real and per-
sonal property of such corporation ;"

153

Mr. Edwards moved to amend the amendment by striking out the
words " six per cent." and insert the words " eight per cent. ;"
Which was not agreed to.

Mr. Hall moved to amend the amendment by adding thereto as fol-
lows :

" Provided, That property reserved as a homestead, and such as
may be by law exempt from attachment and sale on execution, shall not
be sold for taxes levied to pay interest on loans voted by the people to
aid corporations ;"

Which was not agreed to.

Mr. Clarke, of Henry, offered the following as a substitute for the
amendment :

" No political or municipal corporation shall become a stockholder
in, or loan its credit, or become security directly or indirectly to, any-
other corporation ;"

Mr. Johnston moved that the substitute be laid uDon the table ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Parvin,

Bunker, Patterson,

Clarke, of Johnson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Gower, Scott,

Hall, Seely,

Harris, Warren,

Johnston, Winchester, •

Marvin, Young,

Palmer, Springer, (P. ) 22.

NAYS.

Messrs. Clarke, of Henry, Messrs. Ells,
Clark, of Alamakee, Gray,

Day, Skiff,

Edwards, Traer, — 8.

It was then moved that the amendment offered to the Fourth Section
be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :
10*

154

YEAS.

Messrs. Ayers, Messrs. Parvin,

Clark, of Alamakee, Patterson,

Day, Peters,

Gibson, Price,

Gillaspy, Robinson,

Hall, Scott,

Johnston, Seely,

Palmer, Springer,(P)16.

NAYS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Skiff,

Edwards, Traer,

Ells, Warren,

Gower, Winchester,
Young,-— 13.

Mr. Skiff moved to reconsider the vote by which the substitute offered
by Mr. Clarke of Johnson, for the Fourth Section, as amended, was lost ;
Which motion was not agreed to.

Mr. Clarke, of Henry, then renewed the amendment to the Fourth
Section, as amended, before offered by him, and which the Convention
had granted unanimous leave to withdraw ;

Mr. Clarke, of Johnson, moved to strike out of said proposed amend-
ment the worols " Two Hundred Thousand Dollars ;"
Which motion was disagreed to.

Upon the question of agreeing to said amendment, the yeas and nays
Vere demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Clark, of Alamakee, Skiff,

Young, — 5.

NAYS.

Messrs. Ayres, Messrs. Johnston,
Bunker, Palmer,

Clarke, of Johnson, Parvin,

Day, Patterson,

Edwards, Peters,

Ells, Price,

155

Messrs. Gibson, Messrs. Robinson,

Gillaspy, Scott,

Gower, Seely,

Gray, Traer,

Hall, Warren,

Harris, Winchester,
Springer, (Prest.,) — 25.

Mr. Palmer moved to amend the Thirteenth Section of the Report by-
adding thereto as follows : " But shall be forbidden under penalty of
forfeiture of their corporate privileges ;" thereby making it read as
follows :

" SEC. 13. The suspension of specie payments by banking institu-
tions shall never be permitted or sanctioned, but shall be forbidden under
penalty of forfeiture of their corporate privileges ;"

Which motion was disagreed to.

Mr. Wilson moved to strike out the Eleventh Section of the Report ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Skiff, •

Clarke, of Johnson, Traer,

Edwards, Warren,

Gower, Wilson,

Hall, Winchester,

Peters, Young,

Scott, . Springer, (P) 14.

NAYSi

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, Johnston,

Clark, of Alamakee, Marvin,

Day, Palmer,

Ells, Parvin,

Gibson, Patterson,

Gillaspy, Price,

Gray, Robinson,
Seely,— 17.

Mr. Traer moved to strike out all from the Sixth to the Sixteenth
Sections of the Report, inclusive ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

156

YEAS.

Messrs. Bunker, Messrs. Peters,
Clarke, of Johnson, Skiff,

Gibson, Traer,

Hall, Warren,

Young — 9.

NAYS.

Messrs. Ayers, Messrs. Johnson,

Clarke, of Henry, Marvin,

Clark, of Alamakee, Palmer,

Day, Parvin,

Edwards, Patterson,

Ells, Price,

Gillaspy, Robinson,

Gower, Seely,

Gray, Wilson,

Harris, Winchester,
Springer, (Prest.) 21.

Mr. Clarke, of Johnson, offered the following as a Substitute for the
Sixth, Seventh and Eighth Sections of the Report :

SECTION — . Banking institutions may be provided for by general law,
under the following restrictions :

First. All bills, notes or other paper or evidence of debt, that may
be issued for circulation as money, shall be based upon the stocks of the
United States, or the stocks ©f interest-paying States, deposited with
the proper officer of State, at the rate of not less than one hundred
and twenty dollars (estimating said stock at their market value in New
York, but in no instance above their par value) for every one hundred
dollars of paper so issued, which may be increased or diminished as the
said stocks may increase or diminish in value.

Second. All paper of any such institution intended to circulate as
money, shall be registered in the office of the proper State officer, and
countersigned by such officer.

Third. In case of the insolvency of any banking institutions, the
bill holders shall have a preference over all other creditors ; and the
General Assembly may provide for the conversion of the stocks depos-
ited by such institution into money, and the redemption of its bills.

Fourth. The suspension of specie payments of banking institutions
shall never be sanctioned by law.

Fifth. Upon the failure of any banking institution to redeem its

157

bills, or other paper issued to circulate as money, such institution shall
forfeit all its rights, and it shall be the duty of the proper legal officer,
to commence proceedings in the manner prescribed by law, to close up
its business, and liquidate its indebtedness ; and such institutions shall
have no power, after such failure, to redeem or to transfer any of its
property.

Sixth. The issue of any bills, or other evidences of debt, intended
to circulate as money, by any banking institution, without being secured
and countersigned as hereinbefore required, shall be deemed a forfeiture
of all rights by such institution, and the same shall be closed.

Upon the question of agreeing to said Substitute, the yeas and nayi
were demanded, and it was decided in the negative, as follows ;

YEAS.

Messrs. Bunker, Messrs. Peters,
Clarke, of Johnson, Traer,

Gower, .Warren,

Young — 7.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Parvin,

Day> Patterson,

Edwards, Price,

Ells, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gray, Skiff,

Hall, Wilson,

Harris, Winchester,

Johnston, Springer, (P.) 24.

On motion of Mr. Peters,
The Convention then adjourned.

158

THURSDAY MORNING, FEBRUARY 12, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Wilson moved that the Report of the Committee on Incorpora-
tions, as amended, be referred to a Select Committee of live ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Ells, Solomon,

Gower, Traer,

Hollingsworth, Warren,

Marvin, Wilson,

Parvin, , Young,
Springer, [Prest.,] — 17.

NAYS.

Messrs. Ayers, Messrs. Hall,

Clarke, of Henry, Harris,

Day, Johnston,

Edwards, Palmer,

Gibson, Patterson,

Gillaspy, Price,

Gray, Robinson,
Winchester — 15.

The President then announced Messrs. Wilson, Hall, Young, Price,
wad Bunker as said Committee.

On motion of Mr. Parvin,

The Convention then resolved itself into Committee of the Whole, Mr.
Harris in the Chair, upon the consideration of the majority report

159

of the Committee on Judicial Department : and, after some time spent
therein, the Committee rose :

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that
progress had been made in the consideration of the subject before them,
and the Committee asked and obtained leave to sit again.

On motion of Mr. Peters,

The Convention then adjourned.

THURSDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention resolved itself into Committee of the Whole, Mr.
Harris, in the Chair, upon the consideration of the majority Report of
the Committee on Judicial Department ; and, after some time spent
therein, the committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and that he was
instructed to report back to the Convention, .the following Substitute for
the majority report of the Committee on Judicial Department :

1. The Judicial power shall be vested in a Supreme Court, District
Courts, and such other courts, inferior to the Supreme Court, as the
General Assembly may from time to time establish.

2. The Supreme Court shall consist of a Chief Justice and three.
Associates, three of whom shall be a quorum to hold court.

3. The Judges of the Supreme Court shall be elected by the qualified
voters of the State, and shall hold their courts at such time and place
as the General Assembly may direct, and hold their offices for six years,
and until their successors are elected and qualified, and shall be ineligi-
ble to any other office during the term for which they may be elected.
The Supreme Court shall have appellate jurisdiction only in all cases in

160

chancery, and shall constitute a court for the correction of errors at
law, under such restrictions as the General Assembly may by law pre-
scribe. The Supreme Court may have power to issue all writs and pro-
cess necessary to do justice to parties, and exercise a supervisory con-
trol over all inferior judicial tribunals, and the Judges of the Supreme
Court shall be conservators of the peace throughout the State.

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 general
election, and hold the office for the term of five years, and until his
successor is elected and qualified, and shall be ineligible to any other
office, except that of Supreme Judge, during the term for which he may
be elected. The District Court shall be a court of law and equity,
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. 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 ten dis-
tricts ; after the year 1860, and not before, the General Assembly may
re- organize the judicial districts, and increase or diminish the number
of districts, or the number of Judges of the Supreme or District Courts;
but such increase or diminution shall not be more than one district, or
one judge of either court at a time ; and no re-organization of the dis-
tricts, or diminution of the judges shall have the effect of removing a
judge from office. Such re- organization of the districts, or increase or
diminution of the judges shall take place every five years thereafter, if
necessary, and at no other time.

5. The qualified voters of each Judicial District, shall, at the time of
electing district judge, elect a prosecuting attorney who shall be a resi-
dent of the district for which he is elected, who shall hold his office for
the term of five years and until his successor is elected and qualified.

6. 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.

7. It shall be the duty of the General Assembly to make such pro-
visions by law as shall be necessary for the carrying into effect of this
'Article and to provide for a regular system of practice in all the courts
of the State.

Said report of the Committee of the Whole was accepted by the Con-
vention, and the Committee were discharged.

On motion of Mr. Peters,
The Convention then adjourned.

161

FRIDAY MORNING, FEBRUARY 13, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Clarke, of Henry, asked and obtained leave of absence for Mr.
Parvin, from the sittings of the Convention until Monday next.

The President laid before the Convention the following communi-
cation :

" CITIZENS LIBRARY ASSOCIATION,

Iowa City, Feb., 12, 1857.
HON. FRANCIS SPRINGER,

President Constitutional Convention :

SIR: — In behalf of the " Citizens Library Association" of this
city, it affords me pleasure to extend to the members of the body over
which you preside the privileges of their Reading Rooms, during their
stay in our city. You will please make this known to them. The
rooms are open from 8 o'clock, A. M., until 10 o'clock, P, M.? each
day except Sundays.

I am,

Truly Yours,

C. W. HOBART,

President."

Which, having been read,

Mr. Clarke, of Henry, offered the following resolution :
Resolved, That the thanks of this Convention be tendered to th*
"Citizens. Library Association" for their generous prof'er ofjhe liberty
of their rooms : and
The same was unanimously adopted.

. Mr. Winchester moved, that the Report of the Committee of the
Whole made last evening in relation to the Judicial Department, be laid
upon the table ;

Which motion was disagreed to.
11

162

The Convention then proceeded to the consideration of the Report
of the Committee of the Whole in relation to the Judicial Department,
being a Substitute for the Majority Report of the Standing Committee
upon that subject :

The First Section of said Substitute being under consideration, as
follows :

1. "The Judicial power shall be vested in a Supreme Court, District
Courts, and such other courts inferior to the Supreme Court as the Gen-
eral Assembly may from time to time establish,"

Mr. 'Solomon moved to amend the same by adding to the end of the
section as follows :

"Provided, the creation of such other court or courts does not in-
volve the election of Judges other than those provided for in this Article;"

Which motion was disagreed to.

The Second Section of said Substitute being under consideration,
as follows :

2. The Supreme Court shall consist of a Chief Justice and three
Associates, three of whom shall be a quorum to hold court ;"

Mr. Wilson moved to amend by striking out the word "three" where
it occurs in said section, and inserting the word "two ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs

. Ayers,

Messrs. Rollings worth,

Bunker,

Johnston,

Clarke, of Henry,

Scott,

Clark, of Alamakee,

Seely,

Edwards,

Traer,

Ells,

Warren,

Gillaspy,

Wilson,

Gower,

Winchester,

Gray,

Young,

Harris,

Springer, [P.,] 20

NAYS.

Messrs. Clarke, of Johnson, Messrs. Palmer,

Day, Patterson,

Emerson, Peters,

Gibson, Price,

Hall, Robinson,

Marvin, Solomon — 12.

163

The Third Section of said Substitute .being under consideration, as
follows :

3* "The Judges of the Supreme Court shall be elected by the quali-
fied voters of the State and shall hold their courts at such time and
place as the General Assembly may direct, and hold their offices for six
years, £c."

Mr. Palmer moved to amend the same by striking out the word "six"
and inserting the word "four ;"
Which motion was disagreed to.

The Fourth Section of said Substitute being under consideration, as
follows :

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 general
election and hold his office for the term of five years, and until his suc-
cessor is elected and qualified, and shall be ineligible to any other office
except that of Supreme Judge during' the term for which he may be
elected. The District Court shall be a court of law and equity which
shall be distinct and separate jurisdictions, and have jurisdiction in civil
and criminal ^matters arising in their respective districts, in such man-
ner as shall be prescribed by law. The Judges of the District Court shall
be conservators of the peace in their respective districts. The first session
of the General Assembly shall divide the State into ten districts. After
the year 1860, and not before, the General Assembly may re-organize
the judicial districts and increase or diminish the number of districts or
the number of Judges of the Supreme or District Courts, but such in-
crease or diminution shall not be more than one district, or one judge
of either court at a time, and no reorganization of the districts, or dim-
inution of the judges shall have the effect of removing a judge from
office. Such reorganization of the districts, or increase, or diminution
of the judges, shall take place every five years thereafter, if necessary,
and at no other time,

Mr. Gillaspy moved to amend the same, by striking out the word
"five" near the commencement of said section ;
Which motion was agreed to. '

Mr. Gillaspy then moved to fill the blank with the word "four ;" ,

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Clark, of Alamakee, Patterson,

Day, Peters,

164

Messrs. Edwards,
Emerson,
Gibson,
Gillaspy,
Gray,
Harris,

Hollingsworth,
Johnston,
Marvin,

NAYS.
Messrs. Bunker,

Clarke, of Henry,
Clarke, of Johnson,

Messrs. Robinson,
Scott,
Seely,
Solomon,
Traer,
Warren,
Wilson,
Winchester,
Young— 24.

Messrs. Ells,

Gower,
Hall,

Springer, [Prest.,] — 7.

Mr. Gower moved to amend said section by striking out the word
"ten" near the middle thereof, and inserting the word "thirteen ;"

Mr. Clarke, of Johnson, moved that there be a division of the ques-
tion;

Which was agreed to.

Upon the question of agreeing to the motion of striking out the word
"ten" the yeas and nays were demanded, and it was decided in the

negative, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Johnson,
Ells,

Seely— 7.

NAYS.
Messrs. Ayres,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Edwards,

Emerson,

Gibson,

Gillaspy,

Gray,

Hall,

Harris,

Hollingsworth,

Springer, [Prest.] —25.

Messrs. Gower,
Palmer,
Peters,

Messrs. Johnston,
Marvin,
Patterson,
Price,
Robinson,
Scott,
Solomon,
Traer,
Warren,
Wilson,
Winchester,
Young,

165

The Fifth Section of said Substitute being under consideration, as
follows :

5. The qualified voters of each Judicial District shall at the time of
electing district judge elect a Prosecuting Attorney who shall be a resi-
dent of the District for which he is elected, who shall hold his office for
the term of five years, and until his successor is elected and qualified ;

Mr. Wilson moved to amend said section by striking out the word
"five" and inserting the word "four ;"

Which motion was agreed to.

Mr. Clarke, of Johnson, moved to strike out said Section ;

Upon the question of agreeing to said motion the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Gibson,
Clarke, of Johnson, Gower,

Ells, Gray— 6.

NAYS.

Messrs. Ayers, Messrs. Patterson,

Clarke, of Henry, Peters,

Clark, of Alamakee, Price,

Day, Robinson,

Edwards, Scott,

Emerson, Seely,

Gillaspy, Solomon,

Hall, ' Traer,

Harris, Warren,

Hollingsworth, Wilson,

Johnston. Winchester,

Marvin, Young,

Palmer, Springer, [P.] 26.

Mr. Clarke, of Johnson, moved to amend the Fourth Section of said
Substitute, by adding thereto as follows :

"At the first election of Supreme Judges they shall be so classified
under provisions of law that one of the Supreme Court Judges shall go
out of office every two years. The Justice of the Supreme Court hav-
ing the shortest term at the first election shall be Chief Justice, and
after the expiration of his term the Justice holding the shortest term
shall be Chief Justice ;"

Which motion was agreed to.

166

Mr. Palmer moved the following as additional sections to said Sub-
stitute :

8. The qualified electors of each county shall elect, at such times as
may be prescribed by law, one Sheriff, and one Clerk of the District
Court who shall be residents therein and hold their several offices for
the term of two years and until their successors are elected and
qualified.

9. When any vacancy shall occur in the office of any judge of the
Supreme or District Courts before the expiration of the regular term
for which he was elected the same shall be filled by appointment by the
Governor until it shall be supplied at the next general election, when it
shall be filled by election for the residue of the unexpired term ;

Mr. Clarke, of Johnson, offered the following, as a Substitute for
said proposed sections :

8. In case the office of any Judge of the Supreme or District Courts
shall become vacant before the expiration of the regular term for which
he was elected the vacancy may be filled by appointment by the Gover-
nor until it shall be supplied at the next general election, when it shall
be filled by election for the residue of the unexpired term ;

Which Substitute, as well as the proposed sections, were severally
disagreed to.

Mr. Clarke, of Johnson, moved the following as an additional section
to said Substitute :

8. The General Assembly shall provide by law for the election of
Attorney General by the people ;

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Traer,

Edwards, Warren,

Ells, Wilson,

Gower, Winchester,

Gray, Young,

Hollingsworth, Springer [P.] 18.

NAYS.

Messrs. Day, Messrs. Johnston,

Emerson, Palmer,

167

Messrs. Gibson, Messrs. Patterson,

Gillaspy, Peters,

Hall, ' Price,

Harris, Robinson,
Solomon — 13.

Mr. Clarke, of Johnson, offered the following as an additional section
to said Substitute :

9. The salary of each Judge of the Supreme Court shall not be less
than three thousand dollars per annum, nor shall 'the salary of each
Judge of the District Court be less than two thousand five hundred dol-
lars per annum. After the year 1860 the General Assembly shall have
power to increase the salaries of the Judges of the Supreme and Dis-
trict Courts ; but the salary of no Judge of either Court shall be in-
creased or diminished during his term of office ;

Pending the consideration of said section,
On motion of Mr. Palmer,
The Convention adjourned.

FRIDAY AFTERNOON:

At two o'clock, P. M., the Convention again met.

Mr. Clarke, of Henry, gave notice that to-morrow or on some future
day, he would offer the following resolution :

Resolved, That a Standing Committee of three be appointed for the
revision, correction, engrossing, and enrolling of Reports which have
passed their second reading.

Mr. Winchester offered the following resolution :
Resolved, That the Convention will adjourn sine die on the 23d
instant ;

Mr. Bunker moved that said resolution be laid on the table.

On motion of Mr. Hall, a call of the House was ordered ;
Whereupon, the following gentlemen answered to their names :

168

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Patterson,

Clarke, of Johnson, Peters,

Clark, of Alamakee, Price,

Day, Robinson,

Edwards, Scott,,

Ells, Seely,

Emerson, Traer,

Gibson, . Warren,

Gray, Wilson,

Hall, Winchester,

Harris, Young,

Hollingsworth, Springer, [P.] 28.

Mr. Young asked leave of absence for Mr. Skiff, and Mr. Marvin for
Mr. Gower :

Which requests were severally granted.

The Sergeant- at- Arms having been despatched for the absentees,
upon his return,

Mr. Clarke, of Johnston, moved that further proceedings under the
call be dispensed with ;

Which was agreed to.

The question then being upon the motion of Mr. Bunker to lay the
resolution relative to adjournment upon the table,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Ayers, Messrs. Gray,

Bunker, Hollingsworth,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Palmer,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Traer,

Ells, Warren,

Emerson, Wilson,

Gibson, Young,
Springer, (Prest.)— 21.

NAYS.

Messrs. Gillaspy, Messrs. Patterson,

Hall, Peters,

169

Messrs. Harris, Messrs. Price,

Johnston, Robinson,

Winchester — 9.

The Convention then resumed the consideration of the subject pend-
ing at the time, of the adjournment this morning.

The question being upon agreeing to the additional section offered by
Mr. Clarke, of Johnson, to the Substitute reported by the Committee
of the Whole for the majority report of the Judicial Department,

Mr. Wilson moved to strike out the words "three thousand" and the
Vords "two thousand five hundred" in said proposed section ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Patterson,

Clark, of Alamakee, Price,

Day, Robinson,

Edwards, Scott,

Gibson, Seely,

Gillaspy, Traer,

Gray, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.,)— 25.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Emerson,

Ells, Hall,

Peters — 5.

Mr. Winchester offered the following Substitute for said proposed
section :

The salary of each judge of the Supreme Court shall be not less than
two thousand, nor more than three thousand dollars per annum, and
the salary of each District Judge shall not be less than fifteen hundred
nor more than twenty-five hundred dollars : nor shall their salary be in-
creased or diminished during their term of office.

Upon the question of agreeing to the same the yeas and nays were
demanded, and it was decided in the negative, as follows :
11*

170

YEAS.

Messrs. Clarke, of Johnston, Messrs. Emerson,
Clark, of Alamakee, Patterson,

Winchester — 5.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Day,
Edwards,
Ells,
Gibson,
Gillaspy,
Gray,
Hall,

Hollingsworth,
Johnston,

Messrs. Marvin,
Palmer,
Peters,
Price,
Robinson,
Scott,
Seely,
Traer,
Warren,
Wilson,
Young,
Springer, [P.] 24.

Mr. Bunker moved to fill the first blank in said proposed section by
inserting the words "twenty- five hundred ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Johnson,

Edwards,

Ells,

Emerson,

Hall,

Hollingsworth,

NAYS.
Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Gibson,

Gillaspy,

Gray,

Harris,

Messrs. Marvin,
Patterson,
Price,
Traer,
Warren,
Young,
Springer, (P.) 14.

Messrs. Johnston,
Palmer,
Peters,
Robinson,
Scott,
Seely,
Wilson,
Winchester — 16.

Mr. Gillaspy moved to fill the first blank with the words "two thou-
sand ;"

171

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.
Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Gibson,

Gillaspy,

Gray,

Harris,

Hollingsworth,

NAYS.
Messrs. Bunker,

Clarke, of Johnson,

Edwards,

Ells,

Emerson,

Hall,

Messrs. Johnston,
Palmer,
Patterson,
Robinson,
Scott,
Seely,
Traer,
Wilson,
Young— 18.

Messrs. Marvin,
Peters,
Price,
Warren,
Winchester,
Springer, (P.) 12.

Mr. Gillaspy moved to fill the second blank in said proposed section
by inserting the words "fifteen hundred ;"

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Edwards,

Gibson,

Gillaspy,

Gray,

Harris,

Hollingsworth,

NAYS.
Messrs. Bunker,

Clarke, of Johnson,

Ells,

Emerson,

Hall,

Messrs. Johnston,
Palmer,
Patterson,
Robinson,
Scott,
Seely,
Traer,
Warren,
Wilson,
Young,— 20.

Messrs. Marvin,
Peters,
Price,
Winchester,
Springer, (P.) 10.

172

Mr. Gibson moved to strike out all of said proposed section a3
amended to the word "After" near the middle thereof, and insert as
follows : "The salary of each Judge of the Supreme Court shall be
two thousand dollars per annum, and the salary of each Judge of the
District Court shall be fifteen hundred dollars per annum ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Gillaspy,
Day, Palmer,

Gibson, Robinson — 6.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Patterson,

Clarke, of Johnson, Peters,
Clark, of Alamakee, Price,

Edwards, Scott,

Ells, Seely,

Emerson, Traer,

Gray, Warren,

Hall, Wilson,

Harris, Winchester,

Rollings worth, Young,

Johnston, Springer, [P.] 24.

Mr. Warren moved to reconsider the vote by which the second blank
in said proposed section was filled with the words "fifteen hundred ;'*

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Peters,
Bunker, Price,

Clarke, of Johnson, Robinson,

Day, ' Scott,

Edwards, Seely,

Ells, Traer,

Emerson, Warren,

Hall, Wilson,

Marvin, Winchester,

Patterson, Young,

Springer, (Prest.,) 21.

173

NAYS.

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Gibson,

Gillaspy,

Palmer— 9.

Messrs. Gray,
Harris,

Hollingsworth,
Johnston,

Mr. Warren moved that the second blank in said proposed section be
filled with the words "two thousand ;"

Upon this question the yeas and nays were demanded, and it wai
decided in the affirmative, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Johnson,

Day,

Ells,

Emerson,

Hall,

Marvin,

Patterson,

NAYS,
Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Edwards,

Gibson,

Gillaspy,

Gray,

Messrs. Peters,
Price,
Robinson,
Solomon,
Traer,
W irren,
Winchester,
Springer, (P.) 16.

Messrs. Harris,

Hollingsworth,

Johnston,

Palmer,

Seely,

Wilson,

Young — 14.

Mr. Edwards moved to reconsider the vote by which the first blank in
said proposed section was filled with the words "two thousand;"

Upon this question, the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs . Bunker, Messrs . - Marvin ,

Clarke, of Johnson, Peters,

Edwards, Price,

Ells, Solomon,

Emerson, Traer,

Hall, Wilson,

Hollingsworth, Winchester,
Springer, (Prest.,) — 15.

174

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Clarke, of Alaniakee, Patterson,

Day, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gray, Wilson,

Harris, Young — 16.

Mr. Wilson offered the following substitute for said proposed section,
as amended ;

"The salaries of the Supreme and District Judges shall be determined
by the General Assembly ;"

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Seely,
Clark, of Alamakee, ^ Traer,

Gray, Wilson,

Palmer, Young,

Scott, Springer, (P.) 10.

NAYS.
Messrs. Ayers, Messrs. Harris,

Bunker, Rollings worth,

Clarke, of Johnson, Johnston,

Day, Marvin,

Edwards, Patterson,

Ells, Peters,

Emerson, i Price,

Gibson, Robinson,

Gillaspy, Solomon,

Hall, Winchester— 20.

Mr. Bunker offered the following substitute for said proposed section,
as amended :

"The salaries of the Supreme Judges shall be twenty- five hundred
dollars each and the salary of the District Judges shall be two thousand
dollars each until 1860, after which time their salaries may be fixed by
the Legislature, but shall never exceed four thousand dollars each ;"

Upon the question of agreeing to the same, the yeas and nays were
lemanded, and it was decided in the negative, as follows :

175

YEAS.
Messrs. Bunker, Messrs. Ells,

Clarke, of Johnson, Emerson,

Springer, (Prest.,) — 5.

NAYS.

Messrs. Ayres, Messrs. Johnston,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Patterson,

Day, Peters,

Edwards, Price,

Gibson, Scott,

Gillaspy, Seely,

Gray, Solomon,

Hall, Traer,

Harris, Wilson,

Hollingsworth, Winchester,
Young— 23.

Mr. Wilson moved to strike out the first part of said proposed sec-
tion, as amended, up to the word "After" near the middle thereof :

Upon the question of agreeing to said motion the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Hollingsworth,

Clark, of Alamakee, Johnston,

Day, Scott,

Edwards, Seely,

Gibson, Traer,

Gillaspy, Wilson,

Gray, Young,

Harris, Springer, (P.) 16.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Johnson, Peters,

Ells, Price,

Emerson, Robinson,

Hall, Solomon,
Winchester— 13. •

On motion of Mr. Hall,

The Convention then adjourned.

176

SATURDAY MORNING, FEBRUARY 14, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Scott presented the petion o£ E. B. Hutchinson and eighty-five
others, residents of Clayton county, praying the present section of the
Constitution, regulating the boundaries of counties, be stricken out, and
that the same be left to the people to determine ;

Which was read, and, on motion, was referred to the Committee on
Miscellaneous Matter.

The resolution of Mr. Clarke, of Henry, offered by him yesterday,
was then taken up for consideration, as follows :

Resolved, That a Standing Committee of three be appointed for
the revision, correction, engrossing and enrolling of Reports which
have passed their third reading :

Said resolution having been read, the same was adopted.

Mr. Clark, of Alamakee, offered the following :

Resolved^ That a Special Committee of three be appointed to in-
quire into and report the cause of the delay in printing the reports of
•this Convention ;

Mr. Hall moved that the resolution be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Johnson, Palmer,

Edwards, Price,

Ells, Seely,

Hall, Warren,
Young — 11.

NAYS.
Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Patterson,

177

Messrs. Clark, of Alamakee, Messrs. Peters,

Day, Robinson,

Emerson, Scott,

Gibson, Solomon,

Gillaspy, Traer,

Gray, Wilson,

Harris, Winchester,

Johnston, Springer, ( P. ) 20 .

Upon the question of adopting the resolution, the yeas and nayt
were demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Patterson,

Clark, of Alamakee, Peters,

Day, Robinson,

Emerson, Scott,

Gibson, Solomon,

Gillaspy, Traer,

Gray, Wilson,

Harris, Winchester,

Johnston , Springer, ( P . , ) 20 .

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Johnson, Palmer,

Edwards, Price,

Ells, Seely,

Hall, Warren,
Young — 11.

Whereupon, the President appointed as said Committee Messrs. Clark,
of Alamakee, Gillaspy and Young.

Mr. Winchester offered the following :

Resolved, That this Convention do npw adjourn until the second
Monday of May next ;

Mr. Harris moved to amend said resolution so as to adjourn sine die
on the third day of March next ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Edwards, Messrs. Johnston,

Gibson, Marvin,
12

178

Messrs. Hall,
Harris,

Price— 9.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Day,
Ells,

Emerson,
Gillaspy,
Gray,
Rollings worth,

Messrs. Palmer,
Patterson,

Messrs. Peters,

Robinson,

Scott,

Seely,

Solomon,

Traer,

Warren,

Wilson,

Winchester,

Young,

Springer (P.) 22.

Mr. Clark, of Alamakee, moved to amend said resolution by making
the City of Dubuque the place to which the Convention shall adjourn ;
Which motion was not agreed to.

Mr. Harris moved to amend said resolution, by striking "the second
day of May" and inserting "the first Monday in June ;"

Upon this question the yeas and nays were demanded, and it wai de-
cided in the negative, as follows :

Messrs. Edwards,
Gray,
Harris,

YEAS.

NAYS.

Messrs. Palmer,

Patterson,
Robinson — 6.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Day,
Ells,
Emerson,
Gibson,
Gillaspy,
Hall,
Hollingsworth,

Springer, (Prest.,) — 25.

Messrs. Johnston,
Marvin,
Peters,
Price,
Scott,
Seely,
Solomon,
Traer,
Warren,
Wilson,
Winchester,
Young,

179

Mr. Hall offered the following Substitute for said resolution :

Resolved, That when this Convention adjourns on Monday next it
will adjourn to meet at Davenport on the first Monday of June next ;

Mr. Peters moved to amend said Substitute by striking out "Daven-
port" and inserting "Dubuque;"
Which motion was not agreed to.

Mr. Winchester moved to amend said Substitute by striking out the
word "June" and inserting the word "May;"
Which motion was agreed to.

Mr. Clark, of Alamakee, moved to strike out "Davenport" and in-
sert "Iowa City" in said substitute ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Bunker, Palmer,

Clarke, of Johnson, Price,

Clark, of Alamakee, Traer,

Gillaspy, Wilson,

Gray,' W^hester,

Harris, Young,

Rollings worth, Springer, [P.,] 16.

NAYS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Day, Patterson,

Edwards, Peters,

Ells, Robinson,

Emerson Scott,

Gibson, Seely,

Hall, Solomon,,
Warren — 15.

Mr. Wilson moved to indefinitely postpone the consideration of said

substitute.

The Previons Question having been demanded,
Upon the question,
Shall the main question now be put ?

The same was agreed to, a majority of the members present voting
therefor.

180

The question then being upon the motion to postpone indefinitely said
substitute,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs. Rollings worth,

Clarke, of Henry, Johnston,

Clarke, of Johnson, Marvin,

Clark, of Alamakee, Palmer,

Edwards, Price,

Ells, Seely,

Gillaspy, Traer,

Gray, Wilson,

Harris, Young,
Springer, [Prest. ,] — 19.

NAYS.

Messrs. Ayers, Messrs. Peters,

Day, Robinson,

Emerson, Scott,

Gibson, Solomon,

Hall, Warren,

^Patterson, Winchester — 12.

Mr. Scott moved that when the Convention adjourns, it will adjourn
until Monday next at two o'clock, P. M.

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Henry, Price,

Clarke, of Johnson, Scott,

Ells, s Seely,
Solomon — 9.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Marvin,

Day, Palmer,

Edwards, Patterson,

Emerson, Robinson,

Gibson, Traer,

Gillaspy, Warren,

181

Messrs. Gray, Messrs. Wilson,

Hall, Winchester,

Harris, Young,

Hollingsworth, Springer, [P.,] 22.

The resolution offered by Mr. Ells on Tuesday last, and which was
amended and laid upon the table, was then taken up, as follows :

Resolved, That no member shall be allowed to speak more than twice
on any one subject, nor more than twenty-five minutes at one time,
after said subject has once been considered in Committee of the Whole ;

Mr. Edwards offered the following substitute for said resolution as
amended :

Resolved, That no member shall be permitted to speak more than
once on any one question, and then not to exceed twenty minutes ;

Mr. Winchester moved to amend said substitute by striking out the
word "twenty" and inserting the word "fifteen;3'
Which motion was agreed to.

Said substitute, as amended, was then adopted.

Mr. Hall offered the following :

Resolved, That this Convention will adjourn sine die on or before
the fourth day of March, 1857 ;

Mr. Gillaspy moved to strike out the words "fourth day of March"
and insert * 'twenty-fifth day of February ;"

The question having been raised, and the Chair having decided that
the motion of Mr. Hall was now in order,

Mr. Traer took an appeal from the decision of the Chair ;

Upon the question,

Shall the decision of the Chair be sustained ?

It was decided in the affirmative.

Mr. Young moved that said resolution be laid upon the table ;

Upon this question, the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,
Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Edwards, Traer,

182

Messrs. Ells, Messrs. Wilson,

Gray, Young,

Hollingsworth, Springer, [P.] 14.

NAYS.

Messrs. Avers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Day, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Hall, Solomon,

Harris, Winchester — 16.

Mr. Young moved to postpone the consideration of said resolution
nntil the fourth day of March next ;

Upon this question the yeas and nays were demanded, and it wai
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Edwards, Traer,

^ray, Wilson,

Hollingsworth, Young,
Springer, (Prest.,) — 13.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Day, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Solomon,

Hall, ' W.irren,

Harris, Winchester — 18.

Mr. Scott moved that the Convention do now adjourn ;

Upon this question the yeas and nays were demanded, and it was d«-
oided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Johnson, Seely,

183

Messrs. Ells, Messrs. Traer,

Hollingsworth, Wilson,

Marvin, Young,
Springer, [Prest.] — 11.

NAYS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, . Johnston,

Clark, of Alamakee, Palmer,

Day, Patterson,

Edwards, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Solomon,

Gray, Warren,

• -Hall, Winchester— 20.

The question then receiving upon the motion of Mr. Gillaspy to
amend said resolution,

The yeas and nays were demanded, and it was decided in the neg-
ative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Patterson,

Day, Peters,

Emerson, Price,

Gillaspy, Robinson,

Hall, Solomon,
Winchester — 13.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Palmer,

Clark, of Alamakee, Scott,

Edwards, Seely,

Ells, Traer,

Gibson, Warren,

Gray, Wilson,

Harris, Young,

Hollingsworth, Springer, (P. ) 18.

The question then being upon the adoption of the resolution, as of-
fered by Mr. Hall,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

184

YEAS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Patterson,

Day, Peters,

Edwards, Price,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Solomon,

Hall, Warren,

Harris, Winchester,

Johnston, Young,

Marvin, Springer, [P.] 22.

NAYS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Johnson, Hollingsworth,

Clark, of Alamakee, Seely,

Ells, Traer,

Wilson— 9.

The Convention then resumed the consideration of the subject pend-
ing, at the time of: adjournment last evening :

The question being upon agreeing to the additional section, as
amended, offered by Mr. Clarke, of Johnson, to the Substitute reported
by the Committee of the Whole for the majority report of the Judicial
Department,

Mr. Day moved to reconsider the vote of yesterday by which said
proposed section was amended, by striking out all up to the word
4 'after;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Johnson, Palmer,

Day, Patterson,

Ells, Peters,

Emerson, Robinson,

Gray, Solomon,

Hall, Winchester— 14.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Scott,

185

Messrs. Clark, of Alamakee, Messrs. Seely,
Edwards, Traer,

Gibson, Warren,

Gillaspy, Wilson,

Hollingsworth, Young,

Johnston, Springer [P.] 16.

Mr. Gray offered the following Substitute for said proposed section,
as amended:

The salaries op the Judges of the Supreme Court shall be two thou-
sand dollars, respectively, and that of the District Judges one thousand
six hundred dollars, until the year I860; after which time they shall
severally receive such compensation as the General Assembly may by
law establish which shall not be increased or diminished during the time
for which they shall have been elected;

Mr. Patterson moved to amend said Substitute by striking out the
words "one thousand six hundred" and inserting 'the words "one
thousand eight hundred ;"

Upon this question, the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Patterson,

Bunker, Robinson,

Clarke, of Johnson, Solomon,

Day, Traer,

Ells, Warren,

Hall, Winchester— 12.

NAYS.

Messrs. Clarke, of Henry, Messrs. Johnston,

Clark, of Alamakee, Marvin,

Edwards, Palmer,

Emerson, Peters,

Gibson, Scott,

Gillaspy, Seely,

Gray, Wilson,

Harris, Young,

Hollingsworth, Springer, [P.,] 18.

Mr. Solomon moved to amend said Substitute by inserting between
the words "Court" and "shall," near the beginning thereof, the words
"who shall have been elected by the people ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :
12*

186

YEAS.

Messrs. Ayers,

Clarke, of Henry,

Day,

Emerson,

Gibson,

Gillaspy,

NAYS.
Messrs. Bunker,

Clarke, of Johnson,
Clark, of Alamakee,
Edwards,
. Ells,
Gray,
Hall,

Hollingsworth,
Marvin,

Messrs. Harris,

Johnston,
Palmer,
Patterson,
Peters,
Solomon — 12.

Messrs. Robinson,
Scott,
Seely,
. Traer,
Warren,
Wilson,
Winchester,
Young,
Springer, (P.) 18.

The Previous Question having been demanded,
Upon the question,
Shall the main question be now put?

The same was agreed to, a majority of the members present voting
therefor.

The question then being upon the adoption of said substitute,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clark, of Alamakee,
Day,
Edwards,
Gillaspy,
Gray,
Harris,
Hollingsworth,

NAYS.

Messrs. Clarke, of Johnson,
Ells,
Emerson,

Messrs. Johnston,
Marvin,
Palmer,
Patterson,
Scott,
Seely,
Traer,
Wilson,
Young,
Springer (P. )20.

Messrs. Peters,

Robinson,
Solomon,

187

Messrs. Gibson,
Hall,

Messrs. Warren,

Winchester — 10.

The question now being upon the adoption of said substitute as an
additional section to the Substitute reported by the Committee of the
Whole,

The'' Previous Question was demanded,

And, upon the question,

Shall the main question be now put ?

The same was agreed to, a majority of the members present voting
therefor.

Upon the question of adopting said substitute,

The yeas and nays were demanded, and it was decided in the af-
firmative, as follows :

YEAS.

Messrs. Marvin,
Palmer,
Patterson,
Scott,
Seely,
Traer,
Warren,
Wilson,
Winchester,
Young,

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Day,
Edwards,
Gillaspy,
Gray,
Harris,

Hollingsworth,
Johnston,

Springer, [Prest.] 21.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Gibson,
Clark, of Alamakee, Hall,

Ells, Peters,

Emerson, Robinson,

• Solomon — 9.

Mr. Clarke, of Johnson, moved to amend the Fourth Section of said
Substitute reported by the Committee of the Whole, bjAriking out the
rords "The first session of the General Assembly shall divide the State
ito ten districts," and insert as follows :

'The State shall consist of ten districts and after the year 1860 the
General Assembly may reorganize) the judicial districts and increase or
diminish the number of districts or the number of judges of the Dis-
trict Courts, but such increase or diminution shall not be more than one

188

district or one judge at a time, and no reorganization of the districts
or diminution of the judges shall have the effect of removing a judge
from office ; such reorganization of the districts or increase or dimi-
nution of the Judges shall take place every five years thereafter, if nec-
essary, and at no other time ;

Which motion was agreed to.

Mr. Traer moved that when the Convention adjourns, it will adjourn
until two o'clock on Monday afternoon next ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Johnson, Robinson,

Ells, Scott,

Hall, Solomon,

Hollingsworth, Traer,

Marvin, Warren,

Palmer, Wilson,
Young, — 15.

NAYS.

Messrs. Ayers, Messrs. Gillaspy,

Clarke, of Henry, Gray,

Clark, of Alamakee, Harris,

Day, Johnston,

Edwards, Patterson,

Emerson, Seely,

Gibson, Winchester,
Springer, (Prest. ) 15.

On motion of Mr. Young,
The Convention then adjourned.

189

SATURDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Gray moved that the Convention do now adjourn until two
o'clock on Monday afternoon next.

On motion of Mr. Winchester, a call of the House was ordered ;
Whereupon, the following gentlemen answered to their names :

Messrs. Ayers, Messrs. Palmer,

Bunker, Patterson,

Clarke, of Henry, Peters,

Day, Price,

Ells, Scott,

Emerson, Seely,

Gibson, Solomon,

Gillaspy, Traer,

Gray, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, [Prest.] 25.

On motion of Mr. Harris,

Messrs. Marvin, Clarke, of Johnson, and Todhunter were severally
excused.

On motion of Mr. Traer,

Further proceedings under the call w^ere dispensed with.

The question then being upon agreeing to the motion of Mr. Gray,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,
Clarke, of Henry, Price,

Ells, Scott,

Emerson, Seely,

Gray, Solomon,

190

Messrs. Harris, Messrs. Traer,

Rollings worth, Warren,

Palmer, Wilson,
Young— 17.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Day, Patterson,

Gibson, Robinson,

Gillaspy, Winchester,

Springer, (Prest.) 9.

So the Convention then adjourned until Monday afternoon next at
two o'clock.

MONDAY AFTERNOON, FEBRUARY 16, 185T.

At two o'clock, P. M., the Convention came to order, the Presiden
in the Chair.

The reading of the Journal of Saturday's proceedings was dispensed
•with for the present.

The Convention then resumed the consideration of the Report of the
Committee of the Whole in relation to the Judicial Department, being
a Substitute for the Majority Report of the Standing Committee upon
that subject ;

Mr. Clarke, of Johnson, moved to refer said Substitute -with the
amendments made thereto, to the Committee on Judicial Department
for the purpose of revision ;

Which motion was agreed to.

Mr. Harris moved that said Committee be instructed to inquire into
the propriety of so amending the Fourth Section of said Substitute as
to make the number of Judicial Districts thirteen instead of ten.

Which motion was agreed to.

191

The Convention then resolved itself into Committee of the Whole,
Mr. Patterson in the Chair, upon the consideration of the Report of the
Committee on Distribution of Powers and Legislative Department ; arid,
after some time spent therein, the committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them, and
the Committee asked and obtained leave to sit again.

On motion of Mr. Harris,
The Convention adjourned.

TUESDAY MORNING, FEBRUARY 17, 1857.

At nine o'clock, A. M., the Convention came to order ,'the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of Saturday's proceedings, and that of yesterday, were
read and approved.

To constitute the Standing Committee on revision, engrossment and
enrollment, the Presidont announced as follows, viz : Messrs. Clarke,
of Henry, Johnston and Wilson.

The Convention then resolved itself into Committee of the Whole, Mr.
Patterson in the Chair, upon the consideration of the Report of the Com-
mittee on Distribution of Powers and Legislative Department ; and,
after some time spent therein, the committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progrew

192

had been in the consideration of the subject before them, and the Com-
mittee asked and obtained leave to sit again.

On motion of Mr. Traer,
The convention then adjourned.

TUESDAY AFTERNOON.

At two o'clook, P. M., the Convention again met.

The Convention then resolved itself into Committee of the Whole, Mr.
Patterson in the Chair, upon the consideration of the report of the
Committee on Distribution of Powers and Legislative Department ; and,
after some time spent therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported the
same back to the Convention with sundry amendments :

On motion,

Said report was received and the Committee were discharged.

The Report of the Committee on Distribution of Powers and Legis-
lative Department, as amended in Committee of the Whole, was then
taken up for consideration, the same being ui)on its second reading.

The Third Section of said Report being under consideration, as
follows :

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 November ; whose term of office shall continue two years
from the Tuesday next after the first Monday in November ; and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by striking out the words " con-
tinue two years from the Tuesday next after the first Monday in Novem-

193

ber, and inserting the words " commence on the first day of January
next succeeding such election, and continue two years ;"

The same was agreed to.

The Sixth Section of said Report being under consideration, as fol-
lows :

6. "The- number of Senators shall not be less than one-third, nor
more than one-half the Representative body. The present Senators
shall remain in. office during the term for which they were elected, and
shall be divided into two c! asses. Those Senators whose term of office
expires on the first Monday in August, 1858, shall be one class, and
those Senators whose term of office expires on the first Monday an Au-
gust, 1860, shall be the other class : so that one-half shall be chosen
every two years ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole, by striking out all of said section after the words
4 'Representative body" near the beginning thereof;

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Johnson, Palmer,

Clark, of Alamakee, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Hall, Solomon,

Harris, Traer,

Johnston, Young,
Springer, (P. )— 19.

NAYS.

Messrs. Clarke, of Henry, Messrs. Parvin,

Edwards, ' Scott,

Gower, Seely,

Gray, Warren,

Hollingsworth, Wilson,

, Winchester — 11.

The Seventh Section of said Report being under consideration, as
follows :

7. "When the number of Senators is increased, they shall be annex-

194

ed by lot to one of the two classes, so as to keep them as nearly equal
in number as practicable ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by prefixing to the same the words,
"The Senators shall be so classed by lot, that one-half shall be chosen
every two years ; "

The same was agreed to.

The Twenty-first Section of said Report being under consideration,
as follows :

21. The Governor, Secretary of State, Auditor, Treasurer, Judgei
of the Supreme and District Courts, Superintendent of Public Instruc-
tion and Attorney General, shall be liable to impeachment for any
misdemeanor in office, &c., and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by striking out the words
"Superintendent of Public Instruction and Attorney General"' and
inserting the words "and all other officers of the State, "

Mr. Winchester moved a substitute for said amendment, causing the
section to read as follows :

21. The Governor, Supreme and District Judges, and all other
State officers, shall be liable to impeachment for any misdemeanor in
office, &c.

Which substitute was adopted and the amendment, as amended, was
agreed to.

The Twenty-sixth section of said report being under consideration,
as follows :

26. "Each member of the General Assembly shall receive a compen-
sation to be fixed by law, for his services, to be paid out of the treas-
ury of the State. Such compensation shall not exceed three
dollars per day for the period of sixty days from the commence-
ment of the session, and shall not exceed the sum of two dollars per
day for the remainder of the session ; when convened in extra session
by the Governor, they shall receive such sums per diem as shall be fixed
for the first sixty days of the ordinary session. They shall also receive
three dollars for every twenty miles they travel, in going to and return-
ing from their place of meeting, on the nearest traveled route ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by substituting therefor, as fol-
lows :

195

26. "Each member of the first General Assembly under this Consti-
tution shall receive the sum of three dollars per diem, and the sum of
three dollars for every twenty miles they travel, in going to and return-
ing from their place of meeting on the nearest traveled route ; after
which they shall receive such compensation as may be fixed by law ;
but no General Assembly shall have the power to increase the ~com-
pensation of its members. And when convened in extra session
they shall receive no greater compensation per diem than is fixed by law
for the regular session ;"

The same was agreed to.

The Twenty- seventh Section of said Report being under considera-
tion, as follows :

27. "No law of the General Assembly, of a public nature, shall take
effect until the fourth day of July next after the passage thereof. If
the General Assembly shall deem any law of immediate importance,
they may provide that the same shall take effect by publication in news-
papers in the State ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by striking out the words "the
fourth dayof July next after the passage thereof" and inserting the words
"ninety days after the adjournment of the General Assembly by which
it was passed,"

Mr. Harris moved to amend said amendment so as to cause the sec-
tion to read as follows :

2. . "No law passed at a regular session of the General Assembly,
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 in 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 ;"

Which motion was agreed to.

And the amendment, as amended, was then agreed to.

The Thirty-first Section of said Report being under consideration,
as follows :

31. "The General Assembly shall not pass local or special laws in the
following cases : /

"For laying out, opening, and working on roads or highways ;" &c.,
and

The question being upon agreeing to the amendment made in Com-

196

mittee of the Whole to said section to insert among the prohibitory
clauses as follows :

"For changing county boundaries, or locating or changing countj
seats ;"

Mr. Clarke, of Henry, moved to amend said amendment by striking
out the words "changing county boundaries or ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

. Clarke, of Henry, Marvin,

Clarke, of Johnson, Parvin,

Edwards, Patterson,

Ells, Price,

Gower, Robinson,

Hall, Warren,

Harris, Young,

Hollings worth, Springer, (P.) 18.

NAYS.

Messrs. Clark, of Alamakee, Messrs. Peters,

Emerson, Scott,

Gibson, Seely,

Gillaspy, Solomon,

Gray, Traer,

Palmer, Wilson— 12.

The question then being upon agreeing to the amendment as
amended,

A call of the House was ordered, and the following gentlemen an-
swered to their names :

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Patterson,

Edwards, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gower, Solomon,

Gray, Traer,

107

Messrs. Hall, Messrs. Warren,

Harris, Wilson,

Hollingsworth , Winchester,

Johnston, Young,

Springer [Prest.,] 31.

On motion, all further proceedings under the call were dispensed
with ; and

The amendment made in Committee of the Whole, as amended, was
agreed to.

The Thirty-fifth Section of said Report being under consideration,
as follows :

35. "The number of Senators and Representatives shall, at the
next session following each period of making such enumeration, and
the next session following each United States Census, be fixed by law,
and apportioned among the several counties, according to the number
of white inhabitants in each ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by striking out the words "arid
Representatives" near the beginning thereof,

The same was agreed to.

The Thirty-sixth Section of said Report being under consideration,
as follows :

36. t 'The Senate shall not consist of more than fifty members nor the
House of Representatives of more than one hundred ;" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said said section, by striking out the words "one
hundred" thereby leaving a blank,

The same was disagreed to.

The amendment of the Committee of the Whole to said Report to
incorporate two new sections therein, as Sections Thirty-seven and
Thirty-eight, respectively, being under consideration, as follows :

37. The House of Representatives shall be based upon the several
counties of the State in the following manner ; provided, that no Rep-
resentative district shall contain more than four organized counties and
shall be entitled to one Representative. Any district containing one or
more counties and having a number of inhabitants equal to one-half 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 that number shall be entitled to one additional representative,
Provided, further, that no floating district shall hereafter be formed.

198

88. At its first session under this Constitution and at every subse-
quent session, the General Assembly shall proceed to fix the ratio of
representation and also to form into districts as above provided those
counties which will not be entitled to a representative singly under the
provision of the preceding section ;

Mr. Parvin moved to amend said amendment, by striking out the
words "under the constitution, and at every subsequent session" near
the beginning of said proposed section Thirty-eight, and inserting tho
words "after the taking of each census ;"

Upon this question the yeas and nays were demanded, and it wai
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Gray,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Ells, Winchester,

Gower, Young,

Springer, [Prest.,] — 11.

NATS.

Messrs. Clark, of Alamakee, Messrs. Palmer,

Edwards, Patterson,

Emerson, Peters,

Gibson, . Price,

Gillaspy, Robinson,

Hall, Seely,

Harris, Solomon,

Rollings worth, Traer,

Johnston, Warren,

Marvin, Wilson— 20.

Mr. Traer moved to amend said amendment by inserting before th«
word "session" near the beginning of said proposed section Thirty-
eight, the word "regular;"

Which motion was agreed to.

Mr. Clarke, of Henry, moved to amend said amendment by striking
out "one-half" where it occurs in said proposed section Thirty-seven,
and inserting "two-thirds ;"

Which motion was not agreed to.

Upon the question of agreeing to the amendment of the Committee
of the Whole, as amended,

199

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS. •

Ncssrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Marvin.

Clarke, of Johnson, Palmer,

Clark, of Alamakee, Patterson,

Edwards, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gray, Solomon,

Gower, Traer,

Hall, Wilson,

Harris, Winchester,

Rollings worth, Young,
Springer, (Prest.,)— 29.

NAYS.
Mr. Parvin, Mr. Warren — 2.

The Thirty- ninth Section of said Report being under consideration,
as follows :

39. The annual salary of the Governor, shall not exceed twenty-five
hundred dollars ; the Secretary and Auditor of State fifteen hundred
dollars each ; Judges of the Supreme Court, twenty-five hundred dol-
lars each ; Judges of the District Court two thousand dollars each ;
and,

The question being upon agreeing to the amendment made in
Committee of the Whole to said section by substituting therefor, a«
follows :

39. "The Governor, Secretary, Treasurer, Auditor of State and
Attorney General, shall, at stated times, receive for their service as
compensation to be established by law which shall neither be increased
or diminished during the period for which they shall have been elected,"

The yeas and nays were demanded, and it was decided in the nega-
tive as follows :

YEAS.

Messrs. Ayers, Messrs. Scott,

Clarke, of Henry, Seely,

200

Messrs. Clark, of Alamakee, Messrs. Traer,
Gibson, Wilson,

Grower, Winchester,

Marvin, Young,

Springer, [Prest.,] 13.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Johnston,

Edwards, Palmer,

Ells, Parvin,

Emerson, Patterson,

Gillaspy, ' Peters,

Gray, Price,

Hall, Robinson,

Harris, Solomon,

Rollings worth, Warren — 18.

Mr. Clarke, of Alamakee, offered the following as an additional sec-
tion to said Report :

"No special law changing the boundary lines of counties shall have
effect, until upon being submitted to the people of the counties affected
by the change, at a general election it shall receive a majority of
all the votes cast in each county for and against it ;"

Mr. Peters moved to amend said proposed section by striking out the
word "majority" and inserting "two-thirds ;"
Which motion was not agreed to.

Upon the question of agreeing to said proposed section, the yeas and
nays were demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Parvin,

Ells, Robinson,

Emerson, Scott,

Gibson, Seely,

Gillaspy, Solomon,

Gower, Traer,

Gray, Wilson,

Hollings worth, Young — 20.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Patterson,
Edwards, Peters,

201

Messrs. Hall, Messrs. Price,

Harris, Warren,

Johnston, Winchester,

Springer, (Prest.,) 11.

Mr. Warren moved to amend the Fourth Section of said Report by
striking out the words "and have been an inhabitant of this State one
year next preceding his election" near the middle thereof ; and by
striking out the words "thirty days" near the latter part thereof and
inserting the words "one year" — causing said section to read as fol-
lows :

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, at the time of his election
have an actual residence of one year in the county or district he may
be chosen to represent ;"

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Parvin,

Edwards, Scott,

Gower, Solomon,

Gray, Traer,

Hall, Warren,

Hollingsworth, Winchester,

Marvin, Young,

Palmer, Springer, [P.,] 16.

NAYS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, Johnston,

Clark, of Alamakee, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Seely,
Wilson— 15.

On motion of Mr. Palmer,
The Convention then adjourned.

IS*

202

WEDNESDAY MORNING, FEBRUARY 18, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The consideration of the Report of the Committee on Distribution
of Powers and Legislative Department, as amended in Committee of the
Whole, was then resumed.

Mr. Clarke, of Johnson, moved to amend the Second Section of said
Report by striking out the words " biennial and shall" and inserting
the words "be annual for the first five years after the adoption of this
Constitution, and biennially thereafter ;" causing said section to read
as follows :

2. The sessions of the General Assembly shall be annual for the first
five years after the adoption of this Constitution, and biennially there-
after commence on the second Monday of January next ensuing the
election of its members ; unless the Governor of the State shall, in the
interim, convene the General Assembly by proclamation ;"

The question being upon agreeing to said amendment,

On motion,

A call of the House was ordered ; and the following gentlemen an-
swered to their names :

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, ©f Alamakee, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gower, Seely,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, . Winchester,

Marvin, Young,
Springer, [Prest.] 27.

203

On motion, Messrs Bunker, Day, Todhunter, Skiff and Cotton were
•everally excused.

Mr. Young then moved that further proceedings under the call b«
dispensed with ;
Which motion was agreed to.

Mr. Gillaspy moved to amend said amendment by striking "five"
out of the words to be inserted, and inserting "three ;"

Upon this question the yeas and nays were demanded, and it wag
decided in the negative, as follows :

YEAS.

Messrs. Avers, Messrs. Johnston,

Edwards, Marvin,

Ells, Palmer,

Emerson, Patterson,

Gillaspy, Peters,

Hall, Robinson,

Harris, Traer,
Winchester — 13.

. „ NAYS.

Messrs. Clarke, of Henry, Messrs. Price,
Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Gibson, Skiff,

Gower, Solomon,

Gray, Warren,

Hollings worth, Wilson,

Parvin, Young,

Springer, (Prest.) 17.

The question then recurring upon the amendment offered by Mr.
Clarke of Johnson ;

The yeas and nays were demanded, and it was decided in the neg-
ative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs,, Peters;
Ells, Price,

Hall, Skiff,

Marvin, Winchester,

Young,— 9.

204

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Parvin,

Edwards, Patterson,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gower, Solomon,

Gray, Traer,

Harris, Warren,

Hollingsworth, Wilson,
Springer, (Prest.) 23.

Mr. Clarke, of .Johnston, moved to amend the Seventeenth Section
of said Report by striking out the words "two-thirds of," and "pre-
sent ;" causing said section to read, that a bill, after having been re-
turned to the General Assembly by the Governor, with his objections,
shall be passed by a majority of the members of each House :

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Palmer,

Edwards, * Price,

Gibson, Wilson,

Marvin, Young — 8.

NAYS.
Messrs. Ayers, • Messrs. Parvin,

Clarke, of Henry, Patterson,

Clark, of Alamakee, Peters,

Ells, Robinson,

Emerson, Scott,

Gillaspy, Seely,

Gower, Skiff,

Gray, Solomon,

Hall, Traer,

Harris, Warren,

Hollingsworth, Winchester,

Johnston, Springer [P.,] 24.

Mr. Gillaspy moved to amend the Fifth Section of said Report by
•triking out "twenty-five" and inserting "twenty-one ;" causing said
section to read as follows :

205

5. " Senators shall be chosen for the term of four years, at the same
time and place as Representatives ; they shall be twenty- one years of
age, and possess the qualifications of Representatives as to residence
and citizenship ;"

Upon the question of agreeing to said amendment the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Patterson,

Clarke, of Alamakee, Peters,

Ells, Scott,

Gibson, Seely,

Gillaspy, Solomon,

Gray, Traer,

Harris, Wilson,

Johnston, Springer (P. ) 16.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Edwavds, Parvin,

Clarke, of Johnson, Price,

Emerson, Robinson,

Gower, Skiff,

Hall, Warren,

Hollingsworth, Winchester,

Marvin, Young — 16.

Mr. Gower moved to amend the Seventeenth Section of said Report
by striking out "two-thirds" and inserting "seven-twelfths ;" *

Which motion was not agreed to.

Mr. Gibson moved to amend the Second Section of said Report by
striking out "second" and inserting "first;" causing the section to
read, that the General Assembly shall met on the first Monday of
January ;

Which motion was not agreed to.

Mr. Gray moved to reconsider the vote by which the amendment
offered by Mr. Warren, yesterday afternoon, to the Fourth Section of
said Report, was agreed to ;

Upon this question, the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

206

YEAS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Patterson, '

Ells, Peters,

Emerson, Price,

Gibson, Scott,

Gillaspy, Seely,

Gray, Solomon,

Harris, Wilson,— 18.

NAY8.

Messrs. Clarke, of Johnson, Messrs. Robinson,

Edwards, Skiff,

Gower, Traer,

Hall, Warren,

Hollingsworth, Winchester,

Marvin, Young,

Parvin, Springer, [P.] 14.

The question now being upon agreeing to the amendment offered by
Mr. Warren to the Fourth Section of said Report by striking out the
words, "and have been an inhabitant of this State one year next pre-
ceding his election" near the middle thereof ; and, by striking out the
words " thirty days" near the latter part thereof, and inserting the
words "one year ;"

Mr. Winchester moved to amend the amendment by striking out the
words "thirty days" and inserting "ninety days ;"

A division of the question was called for, and

Upon the question of striking out the words "thirty days,"

The yeas and nays were demanded, and it was decided in the neg-
ative, as follows :
i

YEAS.

Messrs. Clarke, of Johnson, Messrs. Parvin,

Edwards, Robinson,

Gower, Traer,

Hall, Warren,

Marvin, Winchester,

Palmer, Young,
Springer, (Prest. , ) — 13.

207

NAYS.

Messrs. Ayers, Messrs. Hollings worth,

Clarke, of Henry, Johnston,

Clarke, of Alamakee, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Scott,

Gillaspy, , Seely,

Gray, Skiff,

, Harris, Solomon,
Wilson,— 19.

The amendment offered by Mr. Warren was then disagreed to.

The further consideration of the Report was dispensed with, at pres-
ent, and the same was laid upon the table.

Mr. Gillaspy offered the following :

Resolved, That this Convention meet each evening, in addition to
the regular meetings, at seven o'clock, until adjournment sine die ;

Mr. Hall moved that said resolution be laid on the table ;
Which motion was agreed to.

Tha following communications were laid before the Convention by the
President, which were read and received :

IOWA CITY, FEBRUARY 18, 1857.
The Constitutional Convention : —

GENTLEMEN :

Permit me, in behalf of the State

Historical Society of Iowa, to request you to furnish your daguerreo-
types to be preserved in its Picture Gallery,

Yours, respectfully,

E. BILLINGS SMITH,
Corresponding Sec'y.

IOWA CITY, FEBRUARY 18, 1857.

To the Hon. Members of the Convention :

The undersigned would respectfully request

the members of the Convention to call at his office as soon as circum-
stances will permit and have their miniatures taken for the purpose of

208

lithographing ; also, duplicate copies, to be placed in the State Library
and for the Historical Association.

Specimens may be found on the desk of Mr. Clarke, of Johnson.
Respectfully,

J. R. HARTSOCK,
Mist.

On motion of Mr. Skiff,

The Convention then adjourned.

WEDNESDAY AFTERNOON.
At two o'clock, P. M., the Convention again met.

The Report of the Committee on Distribution of Powers anl Legis-
lative Department, as amended in Committee of the Whole, was taken
up, and the consideration thereof resumed.

Mr. Edwards moved to amend the Twenty-first Section of said Re-
port, by striking out the word "misdemeanor" and inserting the word
"malfeasance ;"

Which motion was not agreed to. •

Mr. Clarke, of Henry, moved to amend said section by adding the
words "or malfeasance" after the word "misdemeanor;"

Which motion was agreed to.

Mr. Clarke, of Johnson, moved to amend the Thirty-first Section
of said Report, by striking out near the latter part thereof the words
"and in all other cases where a general law is applicable ;" causing the
concluding part of said section to read as follows ;

" In all the cases above enumerated, all laws shall be general, and of
uniform operation throughout the State ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

209

YEAS.

Messrs. Clarke, of Johnson,
Edwards,
Gower,
Hall,

Hollingsworth,
Johnston,

Young — 13.

NAYS.
Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Ells,

Emerson,

Gibson,

Gillaspy,

Gray,

Parvin,

Messrs. Marvin,
Palmer,
Patterson,
Solomon,
Warren,
Winchester,

Messrs. Peters.
Price,
Robinson,
Scott,
Seely,
Skiff,
Traer,
Wilson,
Springer (P.) 18,

Mr. Young moved to amend the Third Section of said Report by
striking out the words "except the years of the Presidential election,
, when the election shall be on the Tuesday next after the first Monday
in November ;" causing said section to read that members of the House
of Representatives shall always be chosen on the second Tuesday in
October ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Ayers,

Clarke, of Johnson,

Edwards,

Ells,

Gower,

Gray,

Springer, (Prest.,)— 13.

Messrs. Hollingsworth,
Marvin,
Scott,
Wilson,
Winchester,
Young,

NAYS.

Messrs. Clarke, of Henry,
Clark, of Alamakee,

, Emerson
Gibson,
Gillaspy,

Messrs. Parvin,

Patterson,
Peters,
Price,
Robinson,

210

Messrs. Hall, Messrs. Seely,

Harris, Solomon,

Johnston, Skiff,

Palmer, Traer,

Warren— 19.

Mr. Wilson moved to amend the Thirty-sixth Section of said Report
by striking out "fifty" and inserting if thirty- six," also, by striking
out "one hundred" and inserting "seventy-five ;" causing said section
to read as follows :

36. "The Senate shall not consist of more than thirty-six members,
nor the House of Representatives of more than seventy-five ;"

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Ells, Messrs. Warren,
Gibson, Wilson,

Gower, Springer [P.,] 6.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Edwards, Price,

Emerson, Robinson,

Gillaspy, Scott,

Gray, Seely,

Hall, Skiff,

Harris, Solomon,

Hollingsworth, , Traer,

Johnston, Winchester,

Marvin, Young — 26.

Mr. Clarke, of Henry, moved to strike out the Thirty-ninth Section
of said Report, as follows :

39. "The annual salary of the Governor shall not exceed twenty-
five hundred dollars ; Secretary, Treasurer and Auditor of State fifteen
hundred dollars each ; Judges of the Supreme Court, twenty-five hun-
dred dollars each ; Judges of the District Courts, two thousand dollars
each ;"

Upon the question of striking out said section,
The same was agreed to.

211

Mr. Solomon moved to amend the additional section intended to come
in as the Thirty- seventh, by inserting near the middle thereof, the words
"every county and;" causing that portion of said section to read as
follows : "Every county and any district containing one or more coun-
ties and having a number of inhabitants equal to one-half of the ratio
fixed by law, shall be entitled to one Representative," £c. ;

Which motion was agreed to.

Mr. Traer then moved that said Report, with the amendments made
thereto, be referred to the Standing Committee on Revision, Engross-
ment and Enrolment ;

Which motion was agreed to.

The Report of the Committee on Executive Department was then
taken up, and.

On motion,

The Convention resolved itself into Committee of the Whole, Mr.
Gibson in the Chair, upon the consideration of said Report ; and, after
some time spent therein, the committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them and reported the
same back to the Convention with sundry amendments.

On motion, said report was received, and the Committee were dis-
charged.

On motion of Mr. Winchester,
The Convention then adjourned.

212

THURSDAY MORNING, FEBRUARY 19, 185T.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The Convention then proceeded to the consideration of the Report of
the Committee on Executive Department as amended in Committee of
the Whole.

The Second Section of said Report being under consideration, and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole, by filling the blank in said section with the word
"four," thereby making the term of office of the Governor that number
of years,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Henry, Hollings worth,

v Clarke, of Johnson, Parvin,

Edwards, Scott,

Gower, Skiff,

Winchester — 11.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Clark, of Alamakee, Palmer,

Ells, Patterson,

Emerson, Peters,

Gibson, Robinson,

Gillaspy, Seely,

Hall, Solomon,

Harris, Traer,

Johnston, Wilson,
Springer, (Prest.,)— 19.

213

The amendment made in Committee of the Whole, by striking out
the Third and Fourth Sections of said Report, which provide for the
election of a Lieutenant Governor, and the manner of canvassing the
votes for Governor and Lieutenant Governor, and substituting therefor
as follows :

"The returns 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 the 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 Assembly shall by joint vote choose one
of said persons so having an equal and the highest number of votes
for Governor ;"

The same being under consideration, and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers,
Bunker,

Clarke, of Johnston,
Edwards,
Gibson,
Gill as py,
Hollingsworth,

NAYS.

Messrs. Johnston,
Parvin,
Patterson,
Warren,
Winchester,
Young,
Springer, [P.] 14.

Messrs.

Clarke, of Henry,

Messrs. Palmer,

Clark, -of Alamakee,

Peters,

Ells,

Price,

Emerson,

Robinson,

Gower,

Scott,

Gray,

Seely,

Hall,

Skiff,

Harris,

Solomon,

Marvin,

Traer,

Wilson— 19.

The Eleventh Section of said Report being under consideration, as
follows :

214

11. "He may, on extraordinary occasions, convene the General As-
sembly by proclamation, and shall state to both Houses when assembled,
the purpose for which they shall have been convened; and when con-
vened they shall have no power to legislate upon any subject save that
suggested in the message of the Governor ;" and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said Section by striking out all after the word
"convened" where it first occurs,

The same was agreed to.

The Fifteenth Section of said Report being under consideration, aa
follows :

15. The official term of the Governor and Lieutenant Governor shall

commence on the of

and on the same day every year thereafter ;"

und,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole by striking out said Section,

The same was disagreed to.

The Sixteenth Section of said Report being under consideration,
and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by inserting the words "and the
reasons therefor" after the words "or pardon granted" in the latter
part thereof ;

The same was agreed to.

The Seventeenth Section of said Report being under consideration,
as follows :

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 ;" and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by striking out the words "Lieu-
tenant Governor" at the end thereof, and inserting as follows :

"President of the Senate: 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 House of Representatives ;"

The same was disagreed to.

215

The Eighteenth and Nineteenth Sections of said Ileport being under
consideration, prescribing the duties of Lieutenant Governor &c., and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole, by striking out said sections ;

The same was disagreed to.

The Twenty -second Section of said Report being under considera-
tion, as follows :

22. "A 'Secretary of State, Auditor of Public Accounts, Treasurer
of State, Superintendent of Public Instruction, and Attorney Genera],
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 official acts of the Governor and shall when required lay the same,
together with all papers, minutes and vouchers relative thereto before,
dither branch of the General Assembly and shall perform such other
euties as shall be assigned him by law :" and

The question being upon agreeing to the amendment made in Com-
mittee of the Whole by striking out the words "Superintendent of Pub-
lic instruction and Attorney General" near the beginning thereof ; also
all after the word "years" where it occurs, and inserting the words,
"and perform such duties as may be required by law ;'' and,

A division of the question being called for,

Upon the question of agreeing to the amendment made in Committee
of the Whole, by striking out the words "Superintendent of Public
Instruction,"

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Ayers,

Messrs. Johnston,

Clarke, of Henry,

Marvin,

Clarke, of Johnson,

Palmer,

Clark, of Alamakee,

Patterson,

Edwards,

Price,

Ells,

Robinson,

Emerson,

Scott,

Gibson,

Solomon,

Gillaspy,

Traer,

Gower,

Warren,

Hall,

Wilson,

Harris,

Young,

Springer, (Prest.

0-25.

216

NAYS.

Messrs. Bunker, Messrs. Parvin,

Gray, Seely,

Rollings worth, Skiff,

Winchester — 7.

Upon the question o£ agreeing to the remainder of the amendment
made in Committee of the Whole,
The same was agreed to.

The Twenty- third Section of said Report being under consideration,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole, by striking out said section,
The same was agreed to.

The consideration of the amendments made in Committee of the
Whole having been concluded,

Mr. Harris moved to fill the blank in the Second Section of said
Report with the word "two ;" thereby making the term of office of the
Governor two years :

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,
Clark, of Alamakee, Parvin,

Ells, Patterson,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Scott,

Gray, * Seely,

Hall, Skiff,

Harris, Solomon,

Johnston, Traer,

Marvin, Wilson,

Springer, [Prest.] 23.

NAYS.

Messrs. Bunker, Messrs. Gower,

Clarke, of Henry, Hollingsworth,

Clarke, of Johnson, Warren,

Edwards, Winchester,

Young — 9.

217

Mr. Traer moved to fill the blank in the Third Section with the word
-'two," thereby making the term of office of the Lieutenant Governor
two years ;

Which motion was agreed to.

Mr. Gillaspy moved to strike out " thirty" and insert "twenty- one"
in the Sixth Section of said Report, thereby making said section read
as follows :

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 the State two years next preceeding the election, and at-
tained the age of twenty- one years at the time of said election ;"

Upon the question of agreeing to said motion,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Clarke, of Henry,
Clark, of Alarnakee,
Ells,
Gibson,
Gillaspy,
Harris,
Johnston,

Wilson— 15.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Edwards,
Emerson,
Gower,
Gray,
Hall,
Hollings worth,

Messrs. Palmer,
Peters,
Price,
Scott,
Seely,
Solomon,
Traer,

Mestrs. Marvin,
Parvin,
Patterson,
Robinson,
Skiff,
Warren,
Winchester,
Young,
Springer, [P.] 18.

Mr. Clarke, of Henry, moved to fill the blanks and otherwise amend
the Fifteenth Section so as to make said section read as follows :

15. The official term of the Governor and Lieutenant Governor shall
commence on the second Monday of January next after their election,
and continue for two years, and until their successors are elected and
qualified. The Lieutenant Governor, while acting as Governor, shall
receive the same pay as provided for Governor, and while presiding in
14*

218

the Senate, shall receive as compensation therefor, the same mileage
and double the per diem pay provided for a Senator, and none other ;

Upon the question of agreeing to said motion the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clark, of Alamakee, Patterson,

Ells, Peters,

Emerson, Price,

Gower, Robinson,

Gray, Seely,

Hall, Skiff,

Harris, Traer,

Marvin, Wilson,
Springer, (Prest.,) — 21.

NAYS.

Messrs. Bunker, Messrs. Johnston,

Clarke, of Johnson, Scott,

Edwards, Solomon,

Gibson, Warren,

Gillaspy, Winchester,

Hollingsworth, Young — 12.

Mr. Palmer moved that the Report, with the amendments made there-
to, be referred to the Standing Committee on Revision, Engrossment
and Enrolment ;

Which motion was agreed to.

The Convention then resolved itself into Committee of the Whole,
Mr. Parvin in the Chair, upon the consideration of the Report of the
Committee on Education and School Lands ; and, after a short time
spent therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that they
had made some progress in the consideration of the subject before them,
and the Committee asked and obtained leave to sit again.

The Convention then proceeded to the consideration of the Report
of the Committee on Amendments to the Constitution.

The Majority and Minority Reports of said Committee having been
read, respectively,

219

Mr. Winchester moved to substitute the Tenth Article of the present
Constitution for the Majority Report ;

Pending the consideration of this question,
On motion of Mr. Young,
The Convention adjourned.

THURSDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention proceeded to the unfinished business of the morning,
being the consideration of the Report of the Committee on Amend-
ments to the Constitution.

On motion,

The Convention resolved itself into Committee of the Whole, Mr.
Young in the Chair, upon the consideration of said Report ; and, after
some time spent therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported the
same back to the Convention with amendments ;

On motion, the report was received and the Committee discharged.

Mr. Winchester offered the following resolution :

Resolved ', That all Standing and Special Committees, except the
Committee on Revision, who have not reported, be requested to do so
on or before Monday next ;

Mr. Clark, of Alamakee, moved that said resolution be laid on the
table ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

220

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clark, of Alamakee,

Edwards,

Ells,

Gray,

Hollingsworth,

NAYS.

Messrs. Ayers,

Clarke, of Johnson,

Day,

Emerson,

Gibson,

Gillaspy,

Gower,

Hall,

Harris,

Johnston,

Messrs. Palmer, •
Patterson,
Robinson,
Seely,
Wilson,
Young.
Springer, (P.) 14.

Messrs. Marvin,
Parvin,
Peters,
Price,
Scott,
Skiff,
Solomon,
Traer,
Warren,
, Winchester— 20.

Mr. Edwards moved that said resolution be so amended as to except
the Committee on Schedule from its operation ;
Which motion was agreed to.

Mr. Scott moved that the Convention do now adjourn ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Hollingsworth,

Clark, of Alamakee, Scott,

Edwards, Seely,

Gower, Skiff,

Gray, Traer,

Springer, [Prest.J — 11.

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Bay,
Ells,
Emerson,

Messrs. Marvin,
Palmer,
Parvin,
Patterson,
Peters,
Price,

221

Messrs.' Gibson, Messrs. Robinson,
Gillaspy, Solomon,

Hall, Warren,

Harris, Wilson,

Johnston, Winchester,

Young— 23.

Mr. Johnston moved to strike out the word "requested" and insert
the word "required" in said resolution ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Avers, Messrs. Patterson,

Clarke, of Johnson, Peters,

Day, Price,

Edwards, Robinson,

Emerson, Seely,

Gibson, ' Skiff,

Gillaspy, Solomon,

Gower, Traer, .

Hall, Warren,

Harris, Winchester,

Johnston, Young,
Springer, [Prest.,] — 23.

NAYS.

Messrs. Bunker, Messrs. Rollings worth,

Clarke, of Henry, Marvin,

Clark, of Alamakee, Palmer,

Ells, Parvin,

Gray, Scott,
Wilson— 11.

Mr. Clark, of Alamakee, moved to strike out the word "Monday"
in said resolution ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Clark, of Alamakee, Palmer,

Ells, Scott,

Gray, Seely,

Hollingsworth, . Wilson,
Springer, (Prest.,) 11.

222

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Day,
Edwards,
Emerson,
Gibson,
Gillaspy,
Gower,
Hall,
Harris,

Young— 23.

Messrs. Johnston,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Skiff,
Solomon,
Traer,
Warren,
Winchester,

Mr. Clarke, of Henry, moved that said resolution be so amended as
to exempt from the operation thereof, the Special Committees on the
Bill of Rights and the Right of Suffrage respectively ;

Upon this question the yeas and naya were demanded and it was de-
cided in the negative, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Henry,
Clark, of Alamakee,
Ells,
Gower,

Traer— 11.

Messrs. Gray,

Hollingsworth,
Marvin,
Parvin,
Seely,

NAYS.
Messrs. Ayers,

Clarke, of Johnson,

Day,

Edwards,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Johnston, ' v

Palmer,

Springer, [Prest.,] 23.

The Previous Question having been demanded,

Upon the question,

Shall the main question be now put ?

It was decided in the affirmative.

Messrs. Patterson,
Peters,
Price,
Robinson,
Scott,
Skiff,
Solomon,
Warren,
Wilson,
Winchester,
Young,

223

The question now being upon the adoption of the resolution as amend-
ed, as follows :

Resolved, That all Standing and Special Committees, except the
Committees on Revision and Schedule, who have notreported, be requir-
ed to do so on or before Monday next ; and,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer, '

Clarke, of Johnson, Patterson,

Day, Peters,

Edwards, Price,

Emerson, Robinson,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Warren,

Hall, Winchester,

Harris, Young,

Johnston, Springer (P.) 22.

NAYS.

Messrs. Bunker, Messrs. Marvin,
Clarke, of Henry, Parvin,

Clark, of Alamakee, Scott,

Ells, Seely,

Gray, Traer,

Rollings worth, Wilson — 12.

The President then announced that an invitation had been tendered
to the members of the Convention, by F. W. Ballard, Chairman of the
Lecture Committee of the Citizens Library Association, to attend a
lecture this evening, at the Baptist Church, at half past seven o'clock.

On motion of Mr. Clark, of Alamakee,
The Convention then adjourned.

224

FRIDAY MORNING, FEBRUARY 20, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Clarke, of Johnson, from the Committee on Judicial Depart-
ment, to whom was referred for revision &c. , the Substitute for the Ma-
jority Report of said committee, adopted in Committee of the Whole,
and the amendments made thereto in Convention, made the following

REPORT.

The Committee on the Judiciary to whom was referred the Article
on the Judiciary Department as adopted by the Convention, with in-
structions to revise the same and to inquire into the expediency of in-
creasing the number of Judicial Districts from ten to thirteen, &c., beg
leave to report :

That after due consideration of the subjects referred to them, the
Committee recommend that the number of Judicial Districts be increas-
ed from ten to eleven ; and that the General Assembly have power to
reorganize the Judicial Districts and increase or diminish the number
of Judges of the District Court, and increase the number of Judges of
the Supreme Court, every four years, instead of five years, as provided
in Section Ten of the Article, so that the power to make the contem-
plated changes in the Districts or Judges, may be exercised at the end
of the terms of the Judges.

All of which is respectfully submitted.

W. PENN CLARKE,

Chairman.

ARTICLE -.

SECTION 1. The judicial power shall be> vested in a Supreme Court,
District Courts, and such other Courts interior 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 a quorum to hold Court.

225

SEC. 3. The Judges of the Supreme Court shall be elected 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 of-
fice 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 is 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 are elected.

SBC. 4. The Supreme 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 con-
trol over all inferior judicial tribunals throughout the State*

SBC. 5. The District Court shall consist of a single Judge, who shall
be elected by the qualified voters 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 is elected and qualified ; and shall be in-
eligible 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 o(f law and equity, 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.

SEC. 7. The Judges of the Supreme and District Courts shall be con-
servators of peace throughout the State.

SEC. 8. The style of all process shall be uThe 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
o thousand dollars per annum, and that of each District Judge six-
m hundred dollars per annum, until the year 1860 ; after which time,
ley shall severally receive such compensation as the General Assembly
lay, by law, prescribe, which compensation shall not be increased or
liminished during the term for which they were elected.

SEC. 10. The State shall be divided into District Court

listricts ; and after the year 1860, the General Assembly may re-or-
janize the judicial districts, and increase or diminish the number of
15 *

226

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 dim-
inution shall not be more than one district, or one Judge of either court,
at a time, and no re- organization of the districts, or diminution of the
Judges shall have effect of removing a Judge from office. Such re-
organization of the districts or increase or diminution of the Judges,

shall take place every 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 election
of an Attorney General by the people, whose term of office shall be two
years, and until his successor is elected and qualified.

SEC. 13. The qualified electors of each judicial district shall, at the
time of the election of District Judge, elect a District Attorney, who
shall be a resident of the district for which he is elected, and who shall
hold his office for the term of four years, and until his successor is
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 sys-
tem of practice in all the courts of this State.

Said report having been read, the same was ordered to lie on the
table.

Mr. Skiff from the Committee on Militia made the following

REPORT.

The Committee to whom was referred that portion of the Constitu-
tion relating to the "Militia" have had the same under consideration and
have unanimously instructed me to report the same back without amend-
ment and recommend its adoption by this Convention.
Respectfully submitted,

H. J. SKIFF,

Chairman.

Said report having been read, the same was ordered to lie on the
table.

On motion of Mr. Young,

Mr. Todhunter was excused from serving on the Standing Committee
on Schedule, and

227

The President appointed Mr. Wilson in his stead.

On motion of Mr. Clarke, of Johnson, the Article on Judicial De-
partment, as reported by the Committee this morning, was then taken
up for consideration:

Mr. Clarke, of Johnson, then moved to fill the first blank in the
Tenth Section thereof with the word "eleven ;"

Mr. Clark, of Alamakee, moved to fill said blank with the word
"twelve ;"

Upon the question of agreeing to the motion of filling said blank
with the word "twelve;"

The yeas and nays were demanded, and it was decided in the neg-
ative, as follows :

YEAS.

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Gillaspy,

Gray,

Harris,

Johnston,

Palmer,,

NAYS.

Messrs. Ayers,.
Bunker,

Clarke, of Johnson,
Day,
Edwards,
JElls,

Emerson,
, Gibson,
Gower,
Hall,

Messrs. Peters,
Price,
Scott,
Seely,
Skiff,
Solomon,
Traer— 14.

Messrs. Hollingsworth,
Marvin,
Parvin,
Patterson,
Robinson,
Warren,
Wilson,
Winchester,
Young,
Springer, [P.] 20.

Upon the question of agreeing to the motion of filling said blank
with the word "eleven,"

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS,

Messrs. Ayers,
Bunker,

Messrs. Marvin,
Palmer,

228

Messrs. Clarke, of Henry, Messrs. Parvin,

Clarke, of Johnson, Patterson,

Day, Peters,

Edwards, Kobinson,

Ells, Scott,

Emerson, Seely,

Gillaspy, Skiff,

Gower, Solomon,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest. , ) — 31 .

NAYS.

Messrs. Clark, of Alamakee, Messrs. Gibson,
Price— 3.

Mr. Clarke, of Johnson, moved to fill the second blank in said sec-
tion with the word "four ;"

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Hollingsworth,

Bunker, Johnston, .

Clarke, of Johnson, Parvin,

Day, Patterson,

Edwards, Robinson,

Ells, Seely,

Emerson, Skiff,

Gibson, Solomon,

Gillaspy, Warren,

Gower, Wilson,

Gray, Winchester,

Hall, Young,
Springer, (Prest.,) — 25.

NAYS.

Messrs. Clarke, of Henry, Messrs. Palmer,

Clark, of Alamakee, Peters,

Harris, Price,

Marvin, Scott — 8.

229

Mr. Clarke, of Johnson, also moved to strike out the word "time"
near the middle of said section and insert the word " session ;"
Which motion was agreed to.

Mr. Seely moved to insert immediately after the word "Districts"
where it last occurs in said section, the words "or any change in the
boundaries thereof ;"

Which motion was agreed to.

On .motion, of Mr. Winchester,

Said Article, as amended, was ordered to be engrossed, and to have
a third reading.

The Convention then proceeded to the consideration of the Report
of the Committee on Amendments to the Constitution, as amended in
Committee of the Whole, the same being upon its second reading :

Upon the question of agreeing to the amendment made in Committee
of the Whole to the Second Section of said Report, by striking out
the words "sixty-seven" and inserting the word "seventy" near the
beginning of said section,

The same was agreed to.

Upon the question of agreeing to the amendment made in Committee
of the Whole to said Report, by adding a new section, to come in as
the Second Section, as follows :

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 or against each of such amendments separately,

The same was agreed to.

Mr. Clarke, of Johnson, offered the following as a Substitute for
the First Section of said Report :

SEC. 1. Any amendment or amendments to this Constitution may be
proposed in either House 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 on their
journals, with the yeas and nays taken thereon, and shall be published
as provided by law, for three months ; after which, such proposed
amendments shall be submitted to a vote of the people at a general
election ; and if the people shall approve of and ratify such amend-
ment or amendments, by a majority of the electors qualified to vote for
members of the General Assembly, voting thereon separately, such
amendment or amendments shall become a part of the Constitution of
this State ;

230

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Hollingsworth,
Clarke, of Johnson, Johnston,

Edwards, Marvin,

Grower, Scott,

Gray, Winchester,

Hall, Springer, [P.,] 1%.

NAYS.

Messrs. Ayers, Messrs. Patterson,

Bunker, Peters,

Clark, of Alamakee, Price,

Day, Robinson,

Ells, Seely,

Emerson, Skiff,

Gibson, Solomon,

Gillaspy, Trae'r,

Harris, Warren,

Palmer, Wilson,

Parvin, Young — 22.

Mr. Traer moved to amend the Second Section of said Report, by
etriking out all after the word "purpose" near the latter part thereof
and inserting as follows : "the qualified electors of the State shall pro-
ceed at the next General Election to choose delegates to said Convention
upon the basis provided for the State Senate ; and said Convention
when assembled shall have full power to revise and amend the Consti-
tution and to do all things necessary to carry out the object for which
they were convened: said delegates shall receive a compensation per
diem the same as that allowed the members of the General Assembly ;"
and,

The question being upon agreeing to said amendment, the yeas and
r.ays were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Seely,

Clark, of Alamakee, Solomon,

Harris, Traer,

Johnston, Warren,

Springer, [Prest.] 9.

231

Messrs. Ayers, Messrs. Hollingsworth,

Bunker, Marvin,

Clarke, of Henry, Palmer.,

Day, t Parvin,

Edwards, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Scott,

Gower, Skiff,

Gray, Wilson,

Hall, • Winchester,
Young, — 25.

Mr. Palmer offered the following as a Substitute for the Second Sec-
tion of said Report :

SEC. 2. If at anytime the General Assembly shall think it necessary
to call a Convention to revise or amend this Constitution, they shall pro-
vide by law for a vote of the people, on that question, at the next en-
suing election, for members of the General Assembly ; and in case a
majority of the people voting on the question, vote in favor of a Con-
vention, said General Assembly shall provide for an election of dele-
gates to a Convention to be held within twelve months after the vote of
the people in favor thereof ;"

Upon the question of agreeing to said Substitute the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Johnston,

Day, Palmer,

Edwards, Patterson,

Gibson, Peters,

Gillaspy, Price,

Gower, Robinson,

Hall, Scott,

Harris, Winchester — 16.

NAYS.

Messrs. Ayers, Messrs. Parvin,
Bunker, Seely,

Clarke, of Henry, Skiff,

Clark, of Alamakee, Solomon,

Ells, ' Traer,

232

Messrs. Emerson, Messrs. Warren,
Gray, Wilson,

Holl'ingsworth, Young,

Marvin, Springer, [P.] 18,

On motion of Mr. Traer,

Said Report, as amended, was ordered to be engrossed, and to have
a third reading.

The Rule having been suspended, requiring their reading on the dif-
ferent days,

On motion,

The Report of the Committee on Militia was then taken up for con-
sideration, being Article Sixth of the present Constitution, and the same
being upon its second reading.

The First 'Section of said Article being under consideration, as fol-
lows :

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 ;'"

Mr. Traer, moved to strike out the word "eighteen" in said section
and insert the words "twenty- one ;"
Which motion was disagreed to.

Mr. Scott moved to strike out the word "white" in said Section;
Which motion was disagreed to.

On motion of Mr. Traer,

Said Article was ordered to be engrossed and to have a third
reading.

On motion of Mr. Skiff,

The Convention then adjourned.

233

FRIDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.
Mr. Edwards offered the following resolution :

Resolved, That the Committee on Judicial Department be instructed
to provide in that Article of the Constitution, for the creation of a
Court of Common Pleas, and to report by Monday next ;"

Mr. Gillaspy moved to amend said resolution by adding thereto as
follows :

44 And to provide that no person shall be elected District Judge who
has not attained the age of fifty years, nor Supreme Judge who has
not attained the age of seventy-five years ;"

The question being upon agreeing to the amendment to the reso-
lution,

The same was disagreed to.

Upon the question of agreeing to the resolution, the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Edwards,
Emerson,
Hall,
Marvin,

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Day,
Ells,
Gibson,
Gillaspy,
Gower,
Gray,
15*

Messrs. Patterson,
Peters,
Robinson,
Scott— 8.

Messrs. Johnston,
Palmer,
Parvin,
Price,
Seely,
Skiff,
Solomon,
Traer,
Warren,
Wilson,
Winchester,

234

Messrs. Harris, Messrs. Young,

Hollingsworth, Springer, (P.,) 26.

On motion of Mr. Palmer,
The Convention then adjourned.

SATURDAY MORNING, FEBRUARY 21, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Palmer offered the following resolution :

Resolved, That the Committee on the Legislative Department be in-
structed to report an additional section to said Department, providing
for the election of United States Senators by Joint Convention of the
two Houses of the General Assembly ;"

Mr. Hall moved that said resolution be laid upon the table ; %

Which motion was agreed to.

Mr. Traer offered the following resolution :

Resolved, That the Committee on Schedule be instructed to report
a section providing for retaining in office the present Legislature and
State officers until the expiration of their terms of office under the pres-
ent Constitution ;

Mr. Johnston moved that said resolution be laid on the table subject
to the order of the Convention ;

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows :

235

YEAS.

Messrs. Ayers, Messrs. Parvin,

Clarke, of Johnson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,

Harris, Scott,

Hollingsworth, Seely,

Johnston, Solomon,

Marvin, Winchester,

Palmer, Young,
Springer, [Prest.,] 21.

NAYS.

Messrs. Bunker, Messrs. Emerson,

Clarke, of Henry, Gower,

Clark, of Alamakee, Gray,

Day, Skiff,

Edwards, Traer,

Ells, Warren,
Wilson,— 13.

Mr. Bunker moved that when this Convention adjourns it will adjouru
until Monday afternoon next at two o'clock,

Motions to adjourn until nine o'clock and ten o'clock on Monday
morning next, having been respectively disagreed to;

Upon the question of agreeing to the motion of Mr. Bunker,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Hall,

Clarke, of Henry, Hollingsworth,

Clarke, of Johnson, Marvin,

Edwards, Solomon,

Ells, Wilson,

Young— 11.

NAYS.

Messrs. Ayers, Messrs. Parvin,

Clark, of Alamakee, Patterson,

Day, Peters,

Emerson, Price,

286

Messrs. Gibson, Messrs. Robinson,

Gillaspy, Scott,

Gower, Seely,

Gray, Skiff,

Harris, T^raer,

Johnston, Warren,

Palmer, Winchester,
Springer, (Prest.,)— 23.

On motion,

The Convention resolved itself into Committee of the Whole, Mr.
Parvin in the Chair, upon the consideration of the Report of the Com-
mittee on Education and School Lands ; and, alter a short time spent
therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that they
had had the subject under consideration, and asked leave to sit again.

Upon the question of granting leave the yeas and nays were demand-
ed, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Johnson, Palmer,

Ells, Parvin,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Gower, Scott,

Gray, ' Skiff,

Hall, Solomon,

Rollings worth, Warren,

Johnston, Wilson,
Young— 23.

NAYS.

Messrs. Ayers, Messrs. Patterson,
Clarke, of Henry, Seely,

Clark, of Alamakee, Traer,

Day, Winchester,

Edwards, Springer, [P.] 10.

On motion of Mr. Clarke, of Johnson,

The Convention then adjourned until Monday morning next at half
past nine o'clock.

237

MONDAY MORNING, FEBRUARY 23, 1857.

At half past nine o'clock, A. M., the Convention came to order, the
President in the Chair.

Prayer was offered by the Chaplain.

The Journal of Saturday's proceedings was read and approved.

Mr. Winchester presented the petition of J. W. Rogers and one hun-
dred and forty others, citizens of Fayette county, requesting the incor-
poration in the Constitution of a section giving the Legislature power
to pass laws, regulating, restraining or prohibiting the manufacture of,
and traffic in, intoxicating liquors, &c. ;

Which was read and referred to the Committee on Miscellaneous
Matter.

Mr. Young asked and obtained leave to be excused from serving on
the Committee on Schedule ; and

The President appointed Mr. Skiff in his stead.

Mr. Bunker, from the Committee on Miscellaneous Matter made the
following

REPORT.

The Standing Committee on Miscellaneous Matter beg leave to make
the following report :

ARTICLE .

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 ; Provided, how-
ever, that the county of Worth, and those west of it, on the Minnesota
line, may be organized without additional territory.

238

SEC. 3. The boundaries of the State may be enlarged, with the con-
sent 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. The present State Capital,
with suck 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 which may 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.

Respectfully submitted.

D. BUNKER,
Chairman.

Which was read, ordered to lie on the table, and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Wilson, from the Special Committee to whom was referred the
Report of the Standing Committee on Incorporations, together with the
amendments made thereto in Convention, made the following

REPORT.

A majority of the Spceul Committee to whom was referred the re-
port of the Standing Committee on Incorporations, together with the
amendments made in Convention, have instructed the undersigned to
report the following substitute for said report as amended, and recom-
mend its adoption by the Convention :

ARTICLE VLH.
SEJTION 1. No corporation shall be created by special laws ; but the

239

General Assembly shall provide, by general laws, for the organization
of all corporations hereafter to be created, except as hereinafter pro-
vided.

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 corpora-
tion, 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.

SEC. 4. No political or municipal corporation shall become a stock-
holder in any banking corporation, directly or indirectly.

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 sub-
mitted, separately, to the people, at a general or special election, as
provided by law, to be held not less than three months after the pas-
sage 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 of the foregoing section, the Gen-
eral Assembly may provide for the establishment of a State Bank with
branches, in addition to banks provided for by general law.

SEC. 7. Subject to the provisions of this article, the General Assem-
bly shall have power to amend or repeal all laws for the organization or
erection of corporations, or granting of special or exclusive privileges
or immunities, by a vote of two -thirds of each branch of the General
Assembly ; and no exclusive privileges, except as in this article pro-
vided, shall ever be granted.

Respectfully submitted,

J. F. WILSON,

Chairman .

The undersigned do not concur in .the above report so far as relates
to banking corporations or associations, believing that some restrictions
should be imposed on the Legislature with respect to the organization
of said corporations or associations.

J. F. WILSON,
DAVID BUNKER.

Which was read, ordered to be laid on the table, and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Clarke, of Henry, from the Special Committee to whom was

240

referred that portion of the Constitution on Right of Suffrage, made
the following

REPORT.

The Special Committee to whom was referred Article 2 of the Con-
stitution, would report the same back again without amendment, and
would recommend the adoption of the following resolution :

Resolved, That at the same election that this Constitution is sub-
mitted to the people for its adoption or rejection, a proposition to
amend the same by striking out the word "white" wherever it occurs in
said Constitution, shall be separately submitted to the electors of this
State for their adoption or rejection, in manner following, viz :

A separate ballot may be given by every person having the 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 have the words,
" Shall the word 'white' be stricken out of the Constitution wherever it
occurs?— No."

And if at said election a majority of all the ballots cast for and
against said proposition, shall have the words " Shall the word 'white'
be stricken from the Constitution wherever it occurs ? — Yes," — then the
word "white" shall be so stricken out and shall not be any part of said
Constitution.

R. L. B. CLARKE,

Chairman.

Which was read, and ordered to lie on the table.

Mr. Hall, from the same Committee, made the following Minority

REPORT.

The minority of the Committee to whom was referred the Article on
Right of Suffrage, beg leave to report :

The only question brought forward for the consideration of the Com-
mittee changing the Article referred to, was the propriety of striking
out the word i(> white."

The majority of the Committee have not deemed that amendment as
proper or expedient, but have adopted a special course of bringing the
question before the people by a separate proposition and vote.

To this mode of treating the subject there can be no great objection.
It resolves itself into a mere question of propriety or expediency.

241

That there are a small number of citizens of this State who are in
favor of this amendment we are free to admit. But the undersigned
will be slow to believe that any considerable or controlling number of
our fellow citizens do or will for one moment sanction the proposition.

The proposition to invite the Negro and Indian to our State by a
constitutional guarantee of equality with the white people, we feel con-
fident cannot be sanctioned. The majority of the committee feel the
force of this truth and hence they do not insist upon the amendment as
a fixed feature in the constitution. With the fullest conviction that the
voice of the people is against the measure, the majority recommend
that it shall be the subject of popular agitation.

If the wish of the majority of the people of this State upon this
subject was a question of doubt, if public sentiment was hesitating and
undecided, there would be a reasonable cause for leaving the question
unsettled by this Convention, and returning the power to settle it back
to the people, the source of all power.

The undersigned do not believe that this is the case. They therefore
conclude that no good can result from a separate submission of that
question. Its only effect will be to keep up agitation, to furnish mate-
rial and food for a morbid and forbidding sentiment that is f rought Tfith
evil to the Indian, Negro and Anglo-American races.

Suffrage is a delegation of political power. In our Government it
is more than a mere badge of equality of rights, it is a guarantee of
social, political and personal equality.

The views of the undersigned are so fully expressed in a report made
by a select committee to the first Constitutional Convention of this
State, that they adopt that report and re-assert the principles then stat-
ed as follows :

"That all men are created equal, and are endowed by their creator
with equal inalienable rights, your committee are free to admit: That
so far as nature is 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 the artificial state in which government and society
places him. Thus the infant is not entitled to liberty or the pursuits
of happiness until he arrives at the age of twenty- one years. Females
by the arbitrary rules of society are excluded and debarred from many
things which males consider rights and high privileges — such as the elec-
tive franchise, holding office, &c. Now in these cases the females and
infant are denied what we abstractly term inalienable rights and they
submit without complaint or murmur. No one thinks of sympathizing
with them in their deprivations. The philanthropist has never had occa-
16

242

eion to commiserate their fate, still it is in those respects the same as
the citizen of color. The negro is surely no better than our wives and
children, and should not excite sympathy when they desire the political
rights which they are deprived of.

"The great error that exists in the minds of our citizens who reason
in favor of negro suffrage and citizenship, arises from their mingling
the natural and artificial rights of man, and treating the artificial insti-
tutions of government as sacred and as undeniable to man as the ab-
stract rights of nature : a position 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 refuge in it.

"Government is an institution or an association entered into by man,
the very constitution of which changes or modifie- to a greater or less
extent his natural rights. Some are surrendered, others modified. The.
compensation for these sacrifices is found in the greater security 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 cer-
tain his unalienable rights of life, liberty and the pursuits of happiness.
Thus the citizen acquires a species of property in his government, which
he has a right to enjoy without molestation and without disturbance.
In forming or maintaining a government it is the privilege 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 wo aid endanger, lessen or in the least
impair their enjoyment of these rights. We have seen that the appli-
cation of this principle limits the rights of our sons, modifies the priv-
ileges of our wives and daughters, and would not be unjust if it exclud-
ed the negro altogether. 'Tis the party to the compact that should com-
plain, 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 governmental 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 prop-
erly treated as a question of policy or contract where self-interest is
just as properly consulted, as in the promotion of a commercial treaty
or a private contract. 'Tis the white population who are about to form

243

a government for themselves — no negro is represented in this conven-
tion, and no one proposes to become a member of the compact. 'Tis
the white population 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 pop-
ulation ;

"2d. That the negro has a natural right to be admitted as an eaual
citizen. *

"The former proposition begs, the latter commands.

"Can the negro be admitted to those privileges and not impair the
rights of the whites ? Your Committee think not. The Government,
then, would be unjust to admit them. The negro not being a party to
the government has no right to partake of its privileges.

"However your committee may commisserate with the degraded condi-
tion 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 ^ur
lands. The policy of other States would drive the whole black popula-
tion 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 whole pop-
ulation would be beyond computation. There are strong reasons to
induce the belief that the two races could not exist in the same govern-
ment upon an equality without discord and violence, that might even-
tuate in insurrection, bloodshed and final extermination of one of the
two races. No one can doubt that a degraded position of moral feel-
ing would ensue, a tendency to amalgamate the two races would be su-
perinduced, a degraded, a reckless population would follow, idleness,
crime and misery would come in their train, and government itself fall
into anarchy or despotism."

All of which is respectfully submitted.

J. C. HALL,
D. N. PRICE.

Which was read and ordered to lie on the table.

Mr. Johnston moved that one hundred copies of each of said Reports
be printed for the use of the Convention ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

244

YEAS.

Messrs. Ayers, Messrs. Patterson,

Clarke, of Henry, Peters, '

Clark, of Alamakee, Price,

Gibson, Robinson,

Gillaspy, Scott,

Gray, Seely,

Hall, Solomon,

Hollingsworth, Warren,

Johnston, Wilson,

Palmer, Young— 20.

NAYS.

Messrs. Bunker, Messrs. Skiff,
Clarke, of Johnson, Traer,

Edwards, Winchester,

Gower, Springer, [P.] 8*

Mr. Clarke, of Henry, from the Special Committee to whom was re-
ferred certain sections of the Bill of Bights made the following

REPORT.

The Committee to whom was referred The Bill of Rights beg leave
to report the same back without amendment, except

SECTION!. In which they would recommend that the word "inde-
dependent" be stricken out and the word "equal" substituted.

In regard to Section 4, the Committee beg leave to submit separate
reports. The views of Mr. Wilson for deeming an amendment unnec-
essary are submitted herewith, as follows :

One object of the Convention in referring section 4 of the Bill of
Rights to a select committee, was to have the committee pass upon the
expediency of so amending s'aid section as to embody in it a clause se-
curing 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 harmonize their views in relation to said section,
and have concluded to place before the convention, in the form of re-
ports, the different views of the members of the committee. The un-
dersigned, therefore, begs leave to submit the following as his views of
the subject referred to the committee.

After a careful examination of the subject, the undersigned can
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

245

section of the Bill of Rights. The section referred to declares as
follows :

"All men are, by nature, free and equal, and have certain inalienable
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 ' 'rights of defending life and liberty," and "protecting proper-
ty," set forth in this section as natural rights, are not taken away when
men associate themselves into governmental organizations. The rights
remain unimpaired — the method of protecting them only being changed.
In a state of nature, man must depend upon his physical prowess to
protect his rights — under 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 tha.t every
one is entitled to exercise all other rights necessary to the full enjoy-
ment of the rights thus guaranteed. This point being determined, it
follows that the citizen thus having the right guaranteed to him of pro-
tecting his life, liberty and property by application to the courts of jus-
tice, he also has the right to introduce testimony ; for without this
right, the protection held out to him by the constitution would be no
better than heartless mockery — it would be to invite him into the temple
of justice while the doors are bolted and barred against him. Testimo-
ny is as essential to the protection of life, liberty and property in courts
of justice, as air is to to the enjoyment of animal life ; and every in-
terference with the right is an act of usurpation not warranted by the
constitution. The present constitution of Iowa contains no clause con-
flicting with the full enjoyment of this right. The amended constitution
which this body will submit to the people, will make no change in the
present constitution in this respect. It follows, therefore, that the
General Assembly have no power under the present constitution, nor
will they have under the amended constitution, to infringe upon this
right as recognized and guaranteed by the first section of the Bill of
Rights. In this view of the case, it matters not what the color of the
witness may be, if his testimony be necessary for the protection of the
life, liberty or property of a party to a judicial proceeding, the party
interested has the right to introduce him, and any law which seeks to
deprive a party of this right, infringes upon the constitutional rights of
the people, and is therefore void.

The undersigned, believing that the foregoing views of the constitution
are correct, can see no necessity for re-declaring the provisions of the
first section of the Bill of Rights in any other section, and would, there-
fore, recommend the adoption of the f ourtji section without amendment.

JAMES F. WILSON.

246

I fully concur with his reasoning so far as the same goes to show that
such amendment as is proposed ought not to be necessary. But un-
fortunately Legislatures and Courts, and those clothed with a little brief
authority, are not always governed by correct principles. If such were
the case we might dispense with the whole Bill of Rights. In fact the
same process of reasoning would strike out nearly every section after
the 1st. In regard 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 being liable to disabilities only on account of their own bad char-
acter, 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 1st Section, and that too under our "old Constitution."

That law remained in full force, a disgrace and reproach to our
State, yet sustained in all our Courts, until it was repealed at the
last session of the Legislature.

What warrant have we, therefore, that the next, or some subsequent
Legislature, may not re-enact the same laws, — or go farther, and em-
brace other classes, sects and parties of men? It is in fact publicly
proclaimed by one of the great parties, that if reinstated in power,
they will re-enact them ; and gentlemen in this Convention have ex-
pressed their willingness to go farther, and compel every member of
certain classes to leave the State. With nearly the same declaration
of rights in their Constitution as set forth in our famous \st Section ,
other States have also passed laws depriving whole classes and sects of
individuals of rights to which all other citizens were entitled, and espe-
cially of this right of giving, and of having given, testimony in Courts
of Justice. With all these "stubborn facts" in view, can it be possi-
ble that any one who wishes to secure to every individual the rights set
forth in the 1st Section, can have any objection to the amendment
proposed to the 4th Section? — Nay! who can deny the absolute neces-
sity 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 common decencies of man-
hood, by their " class legislation," and partizan enactments?

In order 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 :

247

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 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 of taking and using the testimony of any other person
not being a co-party, nor his own wife, or the wife of a co-party, and
riot being under legal disability on account of conviction for crime.

SEC. 10 — A majority of the committee report back as it came to
them, without any additional amendment.

R. L. B. CLARKE,

Chairman.

Which was read, and ordered to lie on the table.

Mr. Gillaspy presented for Mr. Harris, a member of the same com-
mittee, the following minority

REPORT.

The undersigned, as one of the Special Committee to whom was
referred the Bill of Rights, with instructions to consider Sections 1, 4
and 10, and correct, if necessary, the phraseology of Section 18 as
amended, begs leave to make the following Report, viz :

The amendment pending to Section 1 cannot, in striking out the
word "Independent" and inserting the word "Equal," secure practi-
cally, to any one, rights they would not with equal safety enjoy if Sec-
tion 1 be permitted to remain as at present fixed in the Constitution.

The sovereignty of the people being with us "a well conceded axiom,"
it follows with our theory (which none here deny,) that there can be no
greater than the sovereign power of the people ; and if superior to all
other powers, being the source of all power, they must in point of gov-
ernment be " independent." When freemen form social and political
compacts, they are mutually equal in natural and political rights, and
independent of all other political and social relations.

And the peculiar phraseology of our Bill of Rights that "All men
are by nature free and independent," when definitions are attempted
to be given to the great foundation which underlies all our institutions
of government, occurring more frequently than any other form of ex-
pression in the Constitution of other States o*f the Union, it is no more
than fair to presume the multitude of statesmen and scholars who have
adopted the word independent as most properly expressive of the true
relation of men when associated under a civilized form of government,

whose source of power is in themselves, have not used the word " inde-
pendent" so freely, without some proper understanding of its true
meaning and correct use. I can see no reason for striking it out.

In the discussion that took place, on the amendment offered to Sec-
tion four, it was conceded that the main object of its friends was, to
make mulattoes, negroes and perhaps Indians, equal to any and all
other classes of persons as to the right to give testimony in courts of
justice — a right which all admit can only be denied them by affirmative,
positive, prohibitory legislation, under the present Constitution.

No especial provision being inserted to operate for the especial ben-
efit of any other class — with the records of the Convention pointing to
the fact that certain things were done in order to more certainly secure
the rights of such persons of color, in matters of testimony of which
they were not deprived without such action — could, in the opinion of
the undersigned, only be considered as pointing to such persons as
those, to protect the rights of whom the Constitution we are to submit
to the electors of the State was especially framed — and of course, ac •
cording to them, a higher standard for integrity and intelligence than
is allowed to those less deeply colored — a distinction it is hoped this
Convention will not make.

In the amendment made to Section 10, the words "and in cases in-
volving the life and liberty of an individual," as contra-distinguished
from criminal law, and disconnected with any proceedings in the en-
forcement of the criminal law of the State, and being such as are not
found in the Constitution of any other State in the Confederacy, should,
before finally fixed in our Constitution, be carefully considered ; and
while it is right to cultivate those humane promptings of the heart that
yearn to alleviate in any condition the sufferings of a fellow- man, care
should be taken that we discriminate in the protection we would afford,
between liberty secured by free written Constitutions, created and sup-
ported by those they are intended to govern, and the liberty of the
wild, excited and infuriated mob. We have sworn to support the Con-
stitution of the United States, and unless we would prove recreant to
the oaths we have taken, and teach treason to its precepts, we must
secure by the provisions of our own Constitution, on the part of courts
and citizens, a due observance of the faith pledged to the citizens and
laws of the other States which we imposed upon ourselves by becoming
a party to the compact of the Union.

Unless thus prepared to act, it would seem better to cancel the bond
and claim in future an exemption from its duties.

Section 2 of Article 4 of the Constitution of the United States —
that any one committing a crime in any other State, cannot, if arrested
in Iowa, demand a trial by jury here in Iowa, but must, on demand, be

249

delivered up to the authorities of the State where the crime was com-
mitted, to be tried by the Courts of such State — is founded upon ob-
vious reasons.

There is no offence against the laws of this State ; — the offender
must answer to the law violated ; — there is no offence against the law
of any other State. The crime being local, the right to jury trial must
be equally local. The Third Section provides that no person held to
service or labor should be discharged, &c., but should, on demand of
him to whom such labor is due, be delivered up.

Can any reason be given why one of those provisions is more binding
than the other, and yet, while one is assented to without objection, this
amendment is inserted to repudiate the other, unless a jury trial is allowed.

In the first instance, while the man is presumed innocent, he is, with-
out proof, handed over to the iron fetters and stern demands of a sup-
posed offended sanguinary criminal code of a foreign State, to undergo
an inquisitorial investigation, that is to consign himself perhaps to a
death of infamy, and his family to a life of shame ; and yet there is
not one word of testimony to prove guilt. Why submit to see those
manacles thrust with such rudeness on those palsied limbs? For no
other reason than a State we admit to be sovereign and independent,
made the demand ; our faith with her requires that we should not come
betweeaher offended majesty and those offending, but must trust the
accused to her justice and amenity. But do these reasons apply with
equal force to those who are fugitives from labor ? Why not ? — that
which is the legal due of the citizens of one State by the laws thereof,
may otherwise be canceled by the laws of another State, and it would
seem clear that the courts of one State cannot be called upon to enforce
rights, privileges or immunities created by the laws of another State,
which are in direct violation of the laws of its own. But they may
hand the parties over to have their rights determined by the courts of
the State where the rights are created and obligations incurred.

Whether so intended or not, the amendment can serve no other pur-
pose than to nullify any laws passed by Congress in aid of those pro-
visions of the Constitution of the United States to which reference has
been made, and stand in the organic laws of this State a solemn protest
against complying with any demands that may be made by the citizens
or authorities of other States, for persons escaping into this State who
would be liable to be claimed under either of these provisions.

For these reasons the undersigned would recommend that Sections 1,
4 and 10, of the Bill of Rights, in the present Constitution, be adopted
without amendment or change.

All of which is respectfully submitted.

A. HARRIS,

Minority Com.
16*

250

Which was read, and ordered to lie on the table.

Mr. Gillaspy moved that one hundred copies of each of the forego-
ing reports be printed for the use of the Convention ;

Upon this question the yeas and nays were demanded, and

A call of the House having been ordered, the following gentlemen
appeared, viz :

Messrs. Ayers, Messrs. Palmer,

Bunker, Patterson,

Clarke, of Henry, Peters,

Clarke, of Johnson, Price,

Clark, of Alamakee, Robinson,

Edwards, Scott,

Emerson, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Traer,

Gray, Warren,

Hall, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.,)— 29.

Those not answering to their names having been severally excused
except one,
The Sergeant- at- Arms was despatched for the absentee ;

Upon his return, on motion, all further proceedings under the call
were dispensed with.

The question w,as then taken by yeas and nays upon the motion of
Mr. Gillaspy, and it was decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, Johnston,

Clark, of Alamakee, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,
Solomon — 15.

NAYS.

Messrs. Bunker • Messrs. Seely,

Clarke, of Johnson, Skiff,

251

Messrs. Edwards, Messrs. Traer,

Gower, Warren,

Gray, Wilson,

Hollirigsworth, Winchester,

Scott, Young,

Springer, (Prest.,) — 15.

Mr. Young moved a reconsideration of the vote by which one hun-
dred copies of the reports of the Special Committee on Right of Suf-
frage were ordered to be printed respectively ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Seely,

Clarke, of Johnson, Skiff,

Clark, of Alamakee, Traer,

Edwards, Warren,

Gower, Wilson,

Gray, Winchester,

Hollings worth, Young,
Springer, (Prest.,)— 17.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Emerson, Palmer,

Gibson, Patterson,

Gillaspy, Peters,

Hall, ' Price,

Harris, Robinson,
Solomon — 13.

The question now being upon agreeing to the motion to print one
hundred copies of each of said reports,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,
Clark, of Alamakee, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Messrs. Hall,
Harris,

Messrs. Robinson,

Scott,
Solomon — 15.

NAYS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Edwards,

Gower,

Gray,

Hollingsworth,

Springer, [Prest.,] 15.

On motion of Mr. Winchester,
The Convention then adjourned.

Messrs. Seelv,
Skiff,
Traer,
Warren,
Wilson,
Winchester,
Young,

MONDAY AFTERNOON.

At two o'clock, P. M., tha Convention again met.

The Rule having been suspended requiring three readings upon as
many different days,

The Convention then resolved itself into Committee of the Whole, Mr.
Gillaspy in the Chair, upon the consideration of the Report of the
Special Committee on Right of Suffrage ; and, after some time spent
therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that pro-
gress had been made in the consideration of the subject before them,
and the Committee asked and obtained leave to sit again.

On motion of Mr. Gibson,

The Convention adjourned until seven o'clock, this evening.

253

MONDAY EVENING.

At seven o'clock, P. M., the Convention again met.
Mr. Peters moved that the Convention do now adjourn ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Scott,

Edwards, Skiff,

Johnston, Solomon,

Peters, Warren,

Robinson, Young — 10.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clark, of Alamakee, Parvin,

Ells, Patterson,

Gibson, Price,

Gillaspy, Seely,

Gower, Traer,

Gray, Wilson,

Hall, Winchester,
Springer, [Prest.] 19.

On motion of Mr. Traer,

A call of the House was ordered,

Whereupon, the following gentlemen answered to their names :

Messrs. Ayers, Messrs. Parvin,

Bunker, Patterson,

Clarke, of Johnson, Peters;

Clark, of Alamakee, Robinson,

Edwards, Scott,

Ells, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

254

Messrs. Gower, Messrs. Traer,

Gray, Warren,

Hall, Wilson,

Marvin, Young,

Springer, [Prest.,] 25.

On motion, Messrs. Day, Harris, Hollingsworth and Todhuntcr were
severally excused,

Mr. Skiff moved that further proceedings under the call be dispensed
with ;

Which motion was not agreed to.

The Sergeant- at- Arms having been despatched for the absentees,

Mr. Patterson moved that the Convention take a recess of ten
minutes ;

Which motion was agreed to.

The Convention having again come to order,

Mr. Parvin moved that further proceedings under the call be dis-
pensed with ;

Which motion was agreed to.

The Convention then resolved itself into Committee of the Whole,
Mr. Gillaspyin the Chair, upon the consideration of the Report of the
Special Committee on the Right of Suffrage ; and, after some time
spent therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and the
Committee asked and obtained leave to sit again.

On motion,

The Convention adjourned.

255

TUESDAY MORNING, FEBRUARY 24, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

•

Mr. Gibson moved that the Convention resolve itself into Committee
of the Whole upon the consideration of the Report of the Committee
on Education and School Lands ;

Upon this question the yeas and nays were demanded, and,

A call of the House having been ordered,

The following gentlemen answered to their names ;

Messrs. Ayers, Messrs. Patterson,

Clarke, of Henry, Peters,

Clarke, of Johnson, Price,

Clark, of Alamakee, Scott,

Gibson, Seely,

Gillaspy, Skiff,

Gower, Solomon,

Gray, Traer,

Hall, Warren,

Hollingsworth, Wilson,

Marvin, Winchester,

Palmer, Young,

Parvin, Springer, [P.] ^6.

Messrs. Todhunter, Bunker and Harris having been severally excused,

On motion of Mr. Wilson,

All further proceedings under the call were dispensed with.

The question was then taken by yeas and nays upon the motion of
Mr. Gibson, and it was decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Gibson, Patterson,

256

Messrs. Gillaspy, Messrs. Peters,

Hall, ' Price,

Solomon — 9.

NAYS.

Messrs. Clarke, of Henry, Messrs. Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Gower, Traer,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, 0 Winchester,

Parvin, Young,
Springer, (Prest.,)— 17.

The Convention then resolved itself into Committee of the Whole,
Mr. Gillaspy in the Chair, upon the consideration of the Report of the
Special Committee on Right of Suffrage : and, after sometime spent
therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them, and the
Committee asked and obtained leave to sit again.

On motion of Mr. Clarke of Johnson,
The Convention then adjourned.

TUESDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Johnston moved that the Convention do now proceed to the con-
sideration of the Report of the Committee on Education and School
Lands, in Committee of the Whole ;

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows : ,

257

YEAS.

Messrs. Ayers,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Johnston ,

Palmer,

Patterson,

NAYS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Messrs. Peters,
Price,
Robinson,
Seely,
Solomon,
Traer,
Warren,
Winchester,
Springer, (P.,) 18.

Messrs. Hollingsworth,
Marvin,
Parvin,
Scott,
Skiff,

Todhunter,
Wilson,
Young— 16.

The Convention then resolved itself into Committee of the Whole,
Mr. Parvin in the Chair, upon the consideration of the Report of the
Committee on Education and School Lands : and, after sometime spent
therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them, and the
Committee asked and obtained leave to sit again.

On motion of Mr. Traer,

Said subject was made the Special order for to-morrow morning at
nine o'clock.

The Convention then proceeded to the consideration of the Report of
the Standing Committee on Bill of Rights : and,

The question being on agreeing to the amendment recommended
by the Special Committee, to strike out in the First Section the word
"independent" and insert the word "equal,"

The yeas and nays were demanded ;

A call of the House having been ordered, the following gentlemen
appeared, viz :
17

258

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Day,
Edwards,
Ells,

Emerson,
Gibson,
Gillaspy,
Gower,
Gray,
Hall,
Harris,

Rollings worth,
Marvin,

Messrs. Palmer,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,

Springer, (P.) 84.

The Previous Question having been demanded,

Upon the question,

Shall the main question now be put ?

The same was agreed to, a majority of the members present voting
therefor ;

The question upon agreeing to said amendment was then decided
in the affirmative, as follows :

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells, •

Gower,

Gray,

Hollingsworth,

Marvin,

NAYB.

Messrs. Ayers,
Day,
Emerson,
Gibson,

Messrs. Scott,
Seely,
Skiff,

Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer (P.) 20.

Messrs. Johnston,
Palmer,
Parvin,
Patterson,

259

Messrs. Gillaspy,
Hall,
Harris,

Solomon — 15.

Messrs. Peters,
Price,
Robinson,

Mr. Clarke, of Johnson, moved to amend the Fourth Section of said
Report, by adding thereto, as follows :

"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 inter-
ested 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 pro-
vided by law ;"

Mr. Palmer moved to amend the amendment by inserting the word
"civil" before the word "suits" in the latter part thereof ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Edwards,

Scott— 9.

NAYS.

Messrs. Ayers,
Bunker,
Day,
Emerson,
Gibson,
Gillaspy ,
Hall,
Harris,

Rollings worth,
Johnston,
Marvin,
Parvin,
Patterson,

Messrs. Ells,
Gower,
Gray,
Palmer,

Messrs. Peters,

Price,

Robinson,

Seely,

Skiff,

Solomon,

Todhunter,

Traer,

Warren,

Wilson,

Winchester,

Young,

Springer [P.] 26.

The question being upon agreeing to the amendment offered by Mr.
Clarke, of Johnson,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

260

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Edwards, Skiff,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Boilings worth, Winchester — 18.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Day, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Hall, Solomon,

Harris, Wilson,

Johnston, Young,
Springer, (Prest.) — 17.

Mr. Harris moved to strike out of the Substitute adopted for the
Tenth Section of said Report, the words "and in cases involving the
life or liberty of an individual" near the beginning thereof ;

And, the Previous Question having been demanded,

Upon the question,

Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor.

Upon the question of agreeing to the motion of Mr. Harris,

The yeas and nays were demanded, and it was decided in the neg-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, ' Robinson,

Harris, Solomon — 14.

261

NAYS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Hollingsworth, Winchester,

Marvin, Young,
Springer, ( Prest. , ) — 21 .

Mr. Winchester moved that the Report with the amendments made
thereto be referred to the Committee on Revision, Engrossment and
Enrollment ;

Which motion was agreed to.

Mr. Johnston moved that a Committee on Expenditures be ap-
pointed ;

Which motion was agreed to.

On motion of Mr. Todhunter,
The Convention then adjourned.

WEDNESDAY MORNING, FEBRUARY 25, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Parvin offered the following resolutions :

Resolved, That John Mahin is hereby employed to print

copies of the Journal of the Secretary, and that he be paid as a com-
pensation 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 Journal, 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 Journal, and that
he be paid therefor the same as the State Printer, for like services.

Which having been read,

On motion of Mr. Traer, said resolutions were laid on the table sub-
ject to the order of the Convention.

Mr. Wilson offered the following :

Resolved, That the Secretary be and is hereby authorized to employ
some competent. person to act as Enrolling Clerk to this Convention ;

Which resolution was adopted.

Mr. Clarke, of Johnson, offered the following :

Resolved, That J. Bittman, of Dubuque county, be employed to
translate the Constitution into German, and print three thousand copies
r<f the same : and that for translating the same, he be paid the sum of
"~ dollars ; and for printing, that he be paid the prices

now paid by law for t^ same kind of work 5

Mr. Gibson moved that said r^01^!0/1 be so amended as to have one
thousand copies printed in the Holland iJnguaSe >

263

On motion, said resolution was laid on the table, subject to the order
of the Convention.

The President announced the following as the Committee on Expen-
ditures, viz: Messrs. Johnston, Clarke, of Johnson, and Parvin.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that progress
had been made in the consideration of the subject before them, and the
Committee asked and obtained leave to sit again.

Mr. Clarke, of Johnson, offered the following :

Resolved, That it be made the duty of the Secretary to prepare an
enrolled copy of the Journal of the Convention and Constitution, which
Journal shall be signed by the President and Secretaries, and filed in
the office of the Secretary of State ;

Which resolution was adopted.

Mr. Johnston offered the following :

Resolved, That the compensation of the officers of the Convention
shall be fixed as follows :

T. J. Saunders, Secretary, at dollars per diem ;

E. N. Bates, Assistant Secretary, at dollars per diem ;

S. C. Trowbridge, Sergeant- at- Arms, at dollars per diem ;

Francis Thompson, Door-Keeper, at dollars per diem ;

J. H. Merritt, 1st Fireman, at dollars per diem ;

John Quaintance, 2d Fireman, at dollars per diem ;

James Hawkins, 1st Messenger, at dollars per diem ;

George Clearman, 2d Messenger, at dollars per diem ;

Willis Conard, 3d Messenger, at dollars per diem ,

The blanks in said resolution having been filled, so as to allow to the
Secretary six dollars per diem ; to the Assistant Secretary five dollars
per diem ; to the Sergeant- at- Arms, Door Keeper, 1st Fireman and
2d Fireman, each three dollars per diem ; and, to each of the Messen-
gers, two and a half dollars per diem ;

The same, as amended, was then adopted.

264

Mr. Johnston offered the following :

Resolved, That Hon. Francis Springer shall receive three dollars per
day for his services as President of the Convention, in addition to his
pay and mileage as a member of the Convention ;

Which resolution was adopted.

Mr. Clarke, of Johnson, offered the following :
Resolved, That the Chaplain be paid one hundred and fifty dollars
for his services ;

Which resolution was adopted.

On motion of Mr. Skiff,

The Convention then adjourned.

WEDNESDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Wilson offered the following resolutions :

Resolved, That W. Blair Lord be employed to superintend the pub-
lication of the Debates of this Convention, and to prepare an index to

the same, and that he be allowed the sum of • — dollars for his

services.

Resolved, That each member of this Convention be furnished with

copies of the Debates when the same shall have been published

for distribution.

On motion, the blank in the first resolution was filled with the words
"one hundred and twenty ;" and, the blank in the second resolution,
with the words "twenty-five ;"

Mr. Clarke, of Johnson, moved to amend the second resolution so as
to allow to the Secretary, Assistant Secretary, Reporters and Sergeant-
at-Arms, each five copies of the Debates : and

Mr. Todhunter moved that said resolution be so amended as to allow
the Chaplain three copies of the Debates ;

265

Which motions were agreed to respectively : and
The resolutions, as amended, were adopted.

Mr. Palmer moved to reconsider the vote by which the resolutions
offered by Mr. Wilson, as amended, were adopted ;

Which motion was agreed to.

Mr. Winchester then moved that said resolutions be referred to a
committee of three, with instructions to inquire into the expediency of
increasing the number of copies of said Debates, to be printed ;

Which motion was agreed to.

The Convention then resolved itself into Committee of the Whole,
Mr. Parvin in Chair, upon the consideration of the Report of the Com-
mittee on Education and School Lands : and, after some time spent
therein, the Committee rose.

The Convention having again come to order,

Tne Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported
the same back to the Convention with sundry amendments ;

Which report was received and the Committee discharged.

Mr. Wilson then moved that said report be laid upon the table, and
made the special order for to-morrow morning at nine o'clock ;
Which motion was agreed to.

The Convention then proceeded to the consideration of the Report
of the Special Committee on Incorporations :

Said Report having been read,

Mr. Wilson offered the following as an additional section to said Re-
port, to come in as the Seventh Section :

SEC. 7. If a general banking law shall be enacted, it shall provide
for the registering 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 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 thirty days next proceeding their deposit ;
and, 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 so depreciating
shall make up said deficiency by depositing additional stocks ; said law
shall also provide for the recording of the names of all stockholders in
17*

such corporations, the amount of stock held by each, the time of any
transfer, and to whom ;

Upon the question of agreeing to the same the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Parvin,

Bunker, Patterson,

Bay, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Harris, Seeley,

Hollings worth, Todhunter,

Johnston, Wilson,

Marvin, Winchester,

Palmer, Springer, (P.,) 22.

NAYS.

Messrs. Clarke, of Henry, Messrs. Gray,

Clarke, of Johnson, Hall,

Clark, of Alamakee, Skiff,

Edwards, Solomon,

Gillaspy, Traer,

Gower, Wan-en,
Young— 13.

Mr. Traer moved to amend the Fourth Section of said Report so as
to cause it to read as follows :

SEC. 4. "No political or municipal corporation shall become a stock-
holder 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 six per cent, upon the assessed value of such
political or municipal corporation ;" and

The Previous Question having been called for,

Upon the question,

Shall thfe main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor ;

Upon the question of agreeing to said amendment, the yeas and
nays were demanded, and it was decided in the negative, as follows :

267

YEAS.

Messrs. Clark, of Alamakee, Messrs. Seely,
Edwards, Skiff;

Ells, Todhfcjfc

Gray, Traer,

Hollingsworth, Warren,

Wilson— 11.

W.t

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Day,
Emerson,
Gibson,
Gillaspy,
Gower,
Hall,
Harris,
Johnston,

Messrs. Marvin,
Palmer,
Parvin,
Patterson,
Peters,
Price,
Robinson,
Scott,
Solomon,
Winchester,
Young,
Springer, [P.] 24.

The question now being upon adopting the Report of the Special
Committee, as amended,

The yeas and nays were demanded, and it was decided in the neg-
ative, as follows :

YEAS.

Messrs. Bunker

Clarke, of Johnson,

Edwards,

Gibson,

Gower,

Gray,

Hall,

Hollingsworth,

NAYS.

Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Ells,

Emerson,

Messrs. Johnston,
Price,
Skiff,

Todhunter,
Traer,
Warren,
Young,
Springer, [P.] 16.

Messrs. Palmer,
Parvin,
Patterson,
Peters,
Robinson,
Scott,

268

Messrs. Gillaspy, Messrs. Seely,

Harris, Solomon,

Marvin, Wilson,
Winchester — 19.

Mr. Skiff moved that the Convention do now adjourn ;

Mr. Clark, of Alamakee, moved to amend by making the time of
adjournment to seven o'clock this evening ;

Which motion to amend was disagreed to ; and
The motion to adjourn was also disagreed to.

The Report of the Committee on Incorporations, as amended in Con-
vention, previous to its reference to the Special Committee, was then
taken up ; and

The same having been read,

Mr. Wilson moved the following as a Substitute for the Second Sec-
tion of said Report :

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."

Mr. Solomon moved that the Convention do now adjourn ;
Which motion was not agreed to.

Mr. Skiff moved that the Report be laid on the table, and made the
special order for Friday next ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Johnson, Price,

Edwards, Robinson,

Emerson, Scott,

Gower, Seely,

Gray, Skiff,

Hall, Solomon,

Hollingsworth, Traer,
Young— 17.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Palmer,

269

Messrs. Clark, of Alamakee,
Day,
Ells,
Gibson,
Gillaspy,
Harris,
Johnston,

Messrs. Parvin,

Patterson,

Todhunter,

Warren,

Wilson,

Winchester,

Springer, [P.] 18.

The Substitnte offered by Mr. Wilson was then disagreed to.

Mr. Clarke, of Johnson, offered the following as a Substitute for that
portion of the Report from the Sixth" to the Seventeenth Sections
inclusive :

SEC. 6. Banking institutions maybe provided for bylaw, but no law
creating any such institution, shall be in force and take effect, until the
same shall have been submitted to a vote of the people, and received a
majority of the votes cast upon the question at such election ;

Mr. Patterson moved that the Convention do now adjourn ;

Upon this question the yeas and nays were demanded, with the fol-
lowing result :

YEAS.

Messrs. Bunker,

Clarke, of Johnson,

Edwards,

Emerson,

Gower,

Gray,

Hall,

Hollingsworth,

Johnston,

Palmer,

Young— 21.

NAYS.

Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

£)ay,

Ells,

Gibson,

Gillaspy,

Messrs. Parvin,

Patterson,

Peters,

Price,

Robinson,

Scott,

Seely,

Skiff,

Solomon,

Todhunter,

Messrs. Harris,
Marvin,
Traer,
Warren;
Wilson,
Winchester,
Springer, [P.] 14.

So the Convention adjourned till nine o'clock to-morrow morning.

270

THURSDAY MORNING, FEBRUARY 26, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

The President announced Messrs. Winchester, Hall andTodhunteraS
the committee to whom the resolutions offered by Mr. Wilson yesterday,
would be referred.

Mr. Gibson offered the following, which under the Rule was laid over
one day for consideration :

Resolved, That this Convention meet each.evening at seven o'clock,
in addition to the regular sessions, during the remainder of said Con-
vention :

Mr. Johnston offered the following :

Resolved, That a Select Committee of three be appointed to inquire
into the expediency of reporting an additional section to the Article on
Education and School Lands, providing for the proper disposition and
investment of the permanent school fund ;

Which resolution was adopted and the President appointed Messrs.
Johnston, Clarke, of Henry, and Clark, of Alamakee, said committee.

Mr. Clarke, of Johnson, moved that the consideration of the special
order of the morning be postponed ;

Which motion was agreed to.

Mr. Wilson moved to reconsider the vote taken yesterday, by which
the Report of the Special Committee on Incorporations was dis-
agreed to.

The Previous Question having been demanded,

Upon the question,

Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor.

271

Upon the question of reconsidering said vote as moved by Mr. Wil-
son, the yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker,

Clarke, of Johnson,

Edwards,

Gibson,

Gower,

Gray,

Hall,

Hollingsworth,

Johnston,

Marvin,

Parvin,

Patterson,

NAYS,

Messrs. Ayers,

Clarke, of Henry,
Clark, of Alamakee,
Day,
Ells,

Robinson — 11.

Messrs. Price,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,

Springer, [P.] 5*4.

Messrs. Gillaspy>
Harris,
Palmer,
Peters,
Emerson,

Mr. Wilson then moved to amend said Report of the Special Com-
mittee by adding thereto an additional section, as follows :

"If a State Bank be established, the branches shall be mutually re-
sponsible for each others liabilities upon all paper credit issued as mo-
ney, and such bank shall be founded on an actual specie basis ;"

Which was agreed to.

Mr. Parvin moved to amend said Report by adding thereto the fol-
lowing 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 amount equal to his or her
respective shares so held for all its liabilities ;"

Mr. Clark, of Alamakee, moved to amend said proposed additional
bion by addding thereto, as follows :

"And in all cases where its stock shall be transferred, the liability
>f the assignee shall not cease nor shall the liability of the assignee

272

commence until the expiration of six months after such transfer shall
have been duly recorded as provided by law ;"

Upon the question of agreeing to said amendment to the amendment
the yeas and nays were demanded, and it was decided in the negative,
as follows :

YEAS.

Messrs. Ayers, Messrs. Harris,

Clarke, of Henry, Marvin,

Clark, of Alamakee, Palmer,

Day, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,
Solomon — 17.

NAYS.

Messrs. Bunker, Messrs. Patterson,

Clarke, of Johnson, Skiff,

Edwards, Todhunter,

Gower, Traer,

Gray, Warren,

Hall, Wilson,

Hollingsworth, Winchester,

Johnston, Young,

Parvin, Springer, [P.] 18.

Mr* Emerson moved to amend said proposed Section, by adding
thereto as follows :

"The officers and stockholders of every corporation or association
for banking purposes, issuing bank notes or paper credits to circulate
as money, shall be individually liable for all debts contracted during
the time of their being officers or stockholders of such corporation or
association ;"

* Upon the question of agreeing to the amendment to the amendment,
the yeas and nays were demanded, and it was decided in the*negative,
as follows :

YEAS.

Ayers, Messrs, Gibson,
Clarke, of Henry, Gillaspy,

Clark, of Alamakee, Harris,

Day, Peters,

Emerson, Solomon, — 10.

273

NAYS.

Messrs. Bunker, Messrs. Price,

Clarke, of Johnson, Robinson,

Elwards, Scott,

Ells, Seely,

Gray, Skiff,

Hall, Todhunter,

Hollingsworth, Traer,

Johnston, Warren,

Marvin, Wilson,

Palmer, Winchester,

Parvin, Young,

Patterson, Springer [P.] '24.

'Mr. Clarke, of Henry, moved to amend said proposed Section by
adding thereto, as follows : " Accruing while he or she remains such
stockholder ;"

Which amendment was accepted by the mover.

Mr. Clarke, of Johnson, moved to amend said proposed section by
adding thereto, as follows : "And that no person while a stockholder
shall be allowed to transfer any of his personal or real property ,"

Which amendment was not agreed to.

The question now being upon agreeing to said proposed Section, as •
amended by Mr. Clarke, of Henry,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clark, of Alamakee, Patterson,

Day, Peters,

Edwards, Price,

Ells, Robinson,

Emerson, Scott,

Gibson, Seely,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Harris, Wilson,

Johnston, Winchester,

Marvin, Young,

Springer, [Prest.,] 29.
18

274

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Johnson, Skiff,

Hall, Warren— 6.

Mr. Traer moved to amend said Report by adding thereto the follow-
ing Section :

"The President and Directors of every banking company or associ-
ation incorporated under the laws of this State, shall be personally
liable to the stockholders, bill holders, and depositors for all frauds and
defalcations perpetrated by the bank or its officers during the term of
their office ;"

Upon the question of agreeing to said motion the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Day, Parvin,

Emerson, Patterson,

Gillaspy, Peters,

Harris, Solomon,

Johnston, Traer,
Springer, (Prest.,) — 13.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Price,

Clarke, of Johnson, Robinson,

Clark, of Alamakee, Scott,

Edwards, Secly,

Ells, Skiff,

Gibson, Todlmnter,

Gower, Warren,

Hall, Wilson,

Hollingsworth, Winchester,
Young— 21.

jMr. Parvin offered the following as an additional Section to said
report :

"In case of the insolvency of any banking institution the bill holders
have a preference over its other creditors, and the suspension of specie
payments by banking institutions shall never be permitted or sanc-
tioned ;"

Which was agreed to.

275

Mr. Solomon moved to strike out the Fourth and all subsequent sec-
tions of said Report and insert a section in lieu thereof, as follows :

"The power to issue paper money shall not be granted bj this
State ;"

The Previous question having been demanded,

Upon the question,

Shall the main question now be put ?

The yeas and nays were demanded, and it was decided in the nega-
tive as follows :

YEAS.

Messrs. Clark, of Alamakee,
Hall,
Parvin,
Robinson,
Skiff,

NATS.

Messrs. Ayers,
Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Day,
Edwards,
Ells,

Emerson,
Gibson,
Gillaspy,
Gower,
Gray,

Messrs. Todhunter,
Traer,
Wilson,
Winchester,
Young— 10.

Messrs. Harris,

Hollings worth,

Johnston,

Marvin,

Palmers

Patterson,

Peters,

Price,

Scott,

Seely,

Solomon,

Warren,

Springer, (Prest. , ) — 25.

Mr. Hall moved that said Report, with amendments thereto, be lai I
upon the table ;

Upon this question the yeas and nays were demanded, and it was
jcided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson,
Edwards,
Emerson,
Gillaspy,

Messrs. Hall,

Johnston,
Price,
Warren— 8.

276

NAYS.

Messrs. Ayers, Messrs. Parvin,

Bunker, Patterson,

Clarke, of Henry, Peters,

Clark, of Alaniakee, Robinson,

Day, Scott,

Ells, Seely,

Gibson, Skiff,

Gower, Solomon,

Gray, Todhunter,

Harris, Traer,

Hollingsworth, Wilson,

Marvin, Winchester,

Palmer, Young,
Springer, (Prest.,)— 27.

The question now being upon agreeing to the motion of Mr. Solomon,
the yeas and nays were demanded, and it was decided in the negative,
as follows :

YEAS.
Messrs. Ayers, Messrs. Peters,

Emerson, Solomon— 4.

NAYS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Patterson,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Gibson, Seeply,

Gillaspy, Skiff,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.) 31.

Mr. Clarke, of Johnson, moved to amend said Report by striking
out all after the Fourth Section and substituting, as follows :

"The General Assembly shall provide by law for the creation of

277

banking institutions, but no such law shall take effect and be in force
until the same shalHiave been submitted to a vote of the people, and
received a majority of the votes cast for and against the proposed law
at such election ;"

The Previous Question having been demanded,

Upon the question,

Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor.

Upon the question of agreeing to the motion of Mr. Clarke, of
Johnson, the yeas and nays were demanded, and it was decided in the
negative, as follows :

YEAS.'

Messrs. Bunker, Messrs. Hall,

Clarke, of Johnson, Skiff,

Warren — 5.

NAYS.

Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Edwards,

Ells,

Emerson,

Gibson,

Gillaspy,

Gower,

Gray,

Harris,

Hollings worth,

Johnston,

Marvin,

The question now being upon the
Special Committee, as amended,

The yeas and nays were demanded,
ative, as follows :

YEAS,

Messrs. Ayers,
Bunker,

Messrs. Palmer,
Parvin,
Patterson,
Peters',
Price,
Robinson,
Scott,
Seely,
Solomon,
Todhunter,
Traer,
Wilson,
Winchester,
Young,
Springer, (P.) 30.

adoption of said Report of the
and it was decided in the affirm-

Messrs. Marvin,
Palmer,

2T8

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Day,

Edwards,

Ells,

Gibson,

Gillaspy,

Gower,

Gray,

Hall,

Harris,

Hollingsworth,

Johnston,

NAYS.

Messrs. Clarke, of Johnson,
Emerson,

Warren — 5.

Messrs. Parvin,

Patterson,

Price,

Robinson,

Scott,

Bcely,

Skiff,

Todhunter,

Traer,

Wilson,

Winchester,

Young,

Springer, (P.) 30

Messrs. Peters,

Solomon,

Mr. Traer moved that said Report, as amended, be ordered to a third
reading and that it be referred to the Committee on Revision, Engross-
ment and Erollment ;

Which motion was agreed to.

On motion of Mr. Traer,

The Convention then resolved itself into Committee of the Whole, Mr.
Todhunter in the Chair, upon the Report of the Committee on Mis-
cellaneous Matter : arid, after some time spent therein, the Committee
rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported, that pro-
gress had been made in the consideration of the subject before them,
and the Committee asked and obtained leave to sit again.

On motion of Mr. Warren,
The Convention then adjourned.

379

THURSDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention resolved itself into Committee of the Whole, Mr.
Todhunter in the Chair, upon the consideration of the Report of the
Committee on Miscellaneous Matter ; and, after some time spent there-
in, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated, that they had
concluded the consideration of the subject before them, and reported
the same back to the Convention with sundry amendments.

On motion, said report was received and the Committee were dis-
charged.

The Report of the Committee of the Whole upon the Report of the
Committee on Miscellaneous Matter with the amendments made thereto,
was then taken up for consideration.

The First Section of said Report being under consideration, as
follows :

SEC. 1. "The jurisdiction of Justices of the Peace shall extend to
all civil courts, (except cases in chancery and cases where the question
of title to any real estate may arise,) when the amount in controversy
does not exceed fifty dollars, and, by the consent of parties may be ex-
tended to any amount not exceeding three hundred dollars ;" and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said Section by striking out the word "fifty"
and inserting the word "one hundred,"

The same was agreed to.

The Fifth Section of said Report being under consideration, as
foilows :

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 gen-
eral election only ;" and

280

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by striking out the words "and no
longer unless re-elected" near the middle thereof, and also the word
"only" at the end thereof, and adding the words uand until their suc-
cessors are elected and qualified,"

The same was agreed to.

The Sixth Section of said Report being under consideration, as
follows :

6. 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 ;

The question being upon agreeing to the amendment made in Com-
mittee of the Whole by striking out said Section,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Ayers,

Messrs. Peters,

Clark, of Alamakee,

Price,

Day,

Robinson,

Edwards,

Scott,

Emerson,

Seely,

Gibson,

Skiff,

Gillaspy,

Solomon,

Hall, '

Todhanter,

Harris,

Warren,

Johnston,

Wilson,

Marvin,

Winchester,

Patterson,

Young — 24. .

NAYS.

Messrs. Bunker,

Messrs. Gray,

Clarke, of Henry,

Rollings worth,

Clarke, of Johnson,

Palmer,

Ells,

Parvin,

Gower,

Traer,

Springer [Prest.,]

11.

The Seventh Section of said Report being under consideration, as
follows :

SBC. T. The General Assembly shall not locate any of the public

281

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 hun-
dred and twenty acres ;"

Upon the question of agreeing to the amendment made in Committee
of the Whole, to strike out said section,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Robinson,

Day, Scott,

Edwards, Seely,

Emerson, Todhunter,

Gray, Warren,

Hall,, Winchester,

Patterson, Young,

Peters, Springer (P.) 16.

NAYS.

Messrs. Bunker, Messrs. Rollings worth,

Clarke, of Henry, Johnston,

Clarke, of Johnson, Marvin,

Clark, of Alamakee, Palmer,

Ells, Parvin,

Gibson, Price,

Gillaspy, Skiff,

Gower, Solomon,

Harris, Traer,
Wilson— 19.

The amendment made in Committee of the Whole to said Report by
affixing thereto an additional Section, being under consideration, as
follows :

8. "No law that may hereafter be passed by the Legislature and be
approved by the Governor shall be submitted to the people to be voted
upon previous to taking effect, subject to the foregoing provisions of
this Constitution," and

The question being upon agreeing to said amendment, the yeas and
nays were demanded and it was decided in the negative, as follows :

YEAS.
Messrs. Ayers, Messrs. Price,

Emerson, Robinson,

18*

282

Messrs. Gillaspy, Messrs. Seely,

Hall, Skiff,

Palmer, Solomon,

Patterson, Todhunter,
Winchester— 13.

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Johnston,

Clarke, of Johnson, Marvin,

Clark, of Alamakee, Parvin,

Day, Peters,

Edwards, Scott,

Ells, Traer,

Gibson, Warren,

Gower, Wilson,

Gray, Young;

Harris, Springer, (P. ) 22.

The amendments made in Committee of the Whole to said Report
having been all considered,

Mr. Edwards moved the following as an additional Section thereto :

4 'No county or other political or municipal corporation shall be allow-
ed to become indebted in any manner or for any purpose to an amount
in the aggregate exceeding Hve 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 ;"

Mr. Emerson offered the following as a Substitute for said proposed
Section :

"No political or municipal corporation shall become a stockholder in
any corporate company, nor shall the bonds or other evidences of in-
debtedness be loaned directly or indirectly to aid in any work of inftr-
nal improvement ;"

Upon the question of agreeing to said Substitute, the yeas and nays
were demanded and it was decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Gray,

Clarke, of Henry, Hall,

Clark, of Alamakee, Palmer,

Day, Solomon,

Emerson, Warren,

Winchester — 11.

283

NAYS.

Messrs. Bunker, Messrs. Patterson,

Clarke, of Johnson, Peters,

Edwards, Price,

Ells, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gower, Skiff,

llarr i s , To dhunter ,

Hollingsworth, Traer,

Johnston, Wilson,

Marvin, Young,

Parvin, Springer [P.] 24.

Upon the question of agreeing to the additional Section offered by
Mr. Edwards, the yeas and nays were demanded and it was decided in
the affirmative, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Skiff,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hall, Wilson,

Hollingsworth, Young,
Springer, (Prest.,) — 19.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Bunker, Parvin,

Clarke, of Johnson, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, A Robinson,

Harris, Solomon,

Johnston, Winchester — 16,

Mr. Skiff offered the following as an additional Section to said
Report :

"No person shall be eligible to any office in this State until he is a

284

voter in the election district where he is to exercise the functions of his
office ;"

Which was not agreed to.

Mr. Winchester offered the following as an additional Section to said
Report :

"The General Assembly shall have the power to prohibit the manu-
facture and sale of intoxicating liquors ;"

Mr. Harris moved that the same be laid on the table ;

Upon this question the yeas and naya wero demanded and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Parvin,

Clark, of Alamakee, Patterson,

Edwards, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Scott,

, Hall, Seely,

Harris, Solomon,

Johnston, Wilson,

Palmer, Young — 20.

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Marvin,

* Clarke, of Johnson, Skiff,

Day, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Winchester,
Springer, (Prest.,) 15.

Mr. Warren offered the following as an additional Section to said
Report :

"No contractor or hands employed in building railroads or other pub-
lic improvements shall be entitled to vote in any county, city or town
upon said county, city or towns' taking stock or issuing bonds for such
railroad or public improvement, unless a resident six months in said
county, city or town, prior to offering to vote ;"

Upon the question of agreeing said proposed Section the yeas and
nays were demanded, and it was decided in the negative, as follows :

285
YEAS.

Messrs. Clarke, of Henry,
Day,

Edwards,
Ells,

Messrs. Marvin,
Scott,
Skiff,
Warren — 8 .

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Clark, of Alamakee,
Emerson,
Gibson,
Gillaspy,
Gower,
Gray,
Hall,
Harris,

Hollings worth,
Johnston,

Springer, ( Prest. , ) — 27.

Messrs. Palmer, .
Parvin,
Patterson,
Peters,
Price,
Robinson,
Seely,
Solomon,
Todhunter,
Traer,
Wilson,
Winchester,
Young,

On motion said Report, as amended, was ordered to have a third
reading and was referred to the Committee on Revision, Engrossment
and Enrollment.

Mr. Winchester moved that when the Convention adjourns, it will ad-
journ until seven o'clock this evening ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson,
Clark, of Alamakee,
Day,
Edwards,
Gibson,

Messrs. Marvin,

* Robinson, '
Traer,
Wilson,
Winchester,

Young — 11.

Messrs. Ayers,
Bunker,
Clarke, of Henry,

Ells,

Messrs. Palmer,
Parvin,
Patterson,
Peters,

286
>

Messrs. Emerson, Messrs. Price,

Gillaspy, Scott,

Gower, Seely,

Gray, Skiff,

Hall, Solomon,

Harris, Todhunterj

Hollingsworth, Warren,

Johnston, Springer [P.] 24.

On motion of Mr. Hall,

The Convention then adjourned.

FRIDAY MORNING, FEBRUARY 27, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

On motion of Mr. Traer,

The resolutions offered by Mr. Parvin on Wednesday last, were taken
up, as follows : ,

Resolved, That John Mahin is hereby employed to print — — —
copies of the Journal of the Secretary, and that he be paid as a com-
pensation 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, arid to distribute the said Journal, and that

he be allowed dollars as compensation in full for his

services.

Resolved^ That John Mahin be employed to print

287

copies of the amended Constitution separate from the Journal, and that
he be paid therefor the same as the State Printer, for like services.

Mr. Gower moved to fill the blank in the first resolution with the
words "fifteen hundred ;"

Mr. Marvin moved to fill said blank with the words "twenty- fire
hundred ;"

The motion of Mr. Marvin was disagreed to, and

The motion to fill said blank with the words "fifteen hundred" wa«
then agreed to.

Mr. Parvin moved to fill the blank in the second resolution with the
words "four hundred ;"

Pending the consideration of said motion,

Mr. Clarke, of Johnson, moved that said resolutions be referred to
a Select Committee of three :

Which motion was agreed to, and the President appointed Messrs.
Clarke, of Johnson, Hall and Parvin said committee.

Mr. Clarke, of Johnson, moved that the resolutions offered by him
on Wednesday last, relative to printing the Constitution in German, be
referred to the same committee ;

Which motion was agreed to.

Mr. Gibson offered the following :

Resolved, That the Select Committee just appointed be instructed
to inquire into the expediency of having one thousand copies of the
Constitution printed in the Holland language, and that Henry Scholte,
of Pella, Marion county, bo employed to print and superintend the
same, and that he be allowed the same compensation as provided by
law ;

Which resolution was adopted.

The resolution offered by Mr. Gibson yesterday, relative to holding
evening sessions, was taken up for consideration : and

On motion of Mr. Skiff,

The same was indefinitely postponed.

The Convention then proceeded to the consideration of the Report
of the Committee on Education and School Lands, as amended in Com-
mittee of the Whole :

288

The first Section of said Report being under consideration, as fol-
lows :

SEC. 1. "The educational interests of the State, to include common
schools and other educatioual institutions, shall be under the manage-
ment and control of a Board of Education, which shall consist of six-
teen members ;"and,

The question being upon agreeing to the amendment made in Commit-
tee'of the Whole by striking out the words "sixteen members'' arid in-
serting in lieu thereof the words "of one member from each judicial
district,"

The same was agreed to.

The Second Section of said Report being under consideration, as
follows :

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 ;" and,

Upon the question of agreeing to the amendment made in Committee
of the Whole to said Section by striking out the word "two'* in the
latter part thereof, and inserting the word "one'5 in lieu thereof,

The same was agreed to.

The Third Section of said Report being under consideration, and
the question being upon agreeing to the amendments made in Comniit-
. tee of the Whole, causing said Section to read as follows :

SEC. 3. "One member of said Educational Board shall 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 Constitution,
the Board shall be divided by lot 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,"

The same was agreed to.

The Fifth Section of said Report being under consideration, as
follows :

SEC. 5. "The session of the said Board shall be limited to twenty
days, and but one session shall be held in one year except upon extra-
ordinary occasions, when upon the recommendation of two -thirds of the
Board, the Govornor may order a Special Session ;" and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said Section, by adding thereto as follows :
" And each member of such Board shall perform such duties in the

289

District in which he is elected, as Superintendent of Schools, as may
be provided by law ;"
The same was agreed to.

The Sixth Section of said Report being under consideration, as fol-
lows:

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 ; " and,

The question being upon agreeing to the amendments made in
Committee of the Whole to said section by striking out the word
"inferior" and inserting in lieu thereof the word "necessary ; " also,
by striking out the words "usual in Legislative Assemblies ; "

The same were agreed to.

The Tenth Section of said Report being under consideration as fol-
lows:

SEC. 10. "The Board of Education shall provide a system of Com-
mon Schools by which a school shall be organized and kept in each
district at least three months in each year. Districts failing to organise
and keep up a school may be deprived of their portion of the School
Fund ; " and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by striking out the word "three"
and inserting the word "six,"

Mr. Skiff moved to amend the amendment by striking out the word
"six" and inserting the word "four ; "
Which motion was not agreed to.

The yeas and nays having been demanded upon agreeing to the
amendment made in Committee of the Whole, it was decided in the
negative, as follows :

YEAS.

Messrs. Clarke, of Henry, Price,

Emerson, Robinson,

Gibson, Skiff,

Hall, Solomon,

Johnston, Todlmnter,

Marvin, Warren,

Patterson, Winchester,

Peters, Young — 16.
19

290

NAYS.

Messrs. Bunker, Messrs. Harris,

Clarke, of Johnson, Hollingsworth,

Clark, of Alamakee, Palmer,

Day, Parvin,

Ells, Scott,

Gillaspj, Seeley,

Gower, Traer,

Gray, Wilson,
Springer, [Prest.,] 17.

The Eleventh Section being under consideration, as follows :

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 said location may be made and suitable build-
ings erected, said University shall continue as at present located ;" and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole by striking out said section,
The same was agreed to-

The Twelfth Section of said Report being under consideration, as
follows ;

SEC. 12. "The University lands and the proceeds thereof and all
monies belonging to said Fund shall be a permanent fund for the sole
use of the said University. The interest arising from the same shall
be annually appropriated for the support and benefit of said University ;"
and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by striking out the word "said"
where it occurs before the word "University," near the middle of the
section, and inserting the words "the State,"

The same was agreed to.

The Seventeenth Section of said Report being under consideration,
as follows :

SEC. 17. The money subject to the support and maintenance of
Common Schools shall be distributed to the districts in proportion to
the number of unmarried youths between the ages of five and twenty-
one years ; " and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole, by adding thereto the words "in such manner aa
may be provided by the General Assembly,"

The same was agreed to.

291

The Eighteenth section of said Report being under consideration, as
follows :

SEC. 18. The Board of Education shall each receive the same per
diein and mileage as their compensation, ae members of the General
Assembly ; " and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section, by inserting near the beginning of
said section between the word "the" and "Board" the words "members
of the,"

The same was agreed to.

The amendments made in Committee of the Whole to said Report
having all been considered, '

Mr. Clarke, of Johnson, moved to strike out the words "twenty
days and," near the commencement of the Fifth Section of said
Report ;

Which motion was not agreed to.

Mr. Marvin moved to amend the Tenth Section of said Report, by
striking out the first clause thereof and inserting as follows :

"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 equally open to all ;"

Mr. Gillaspy moved to amend the amendment by adding thereto the
words "white children ; "

Mr. Hall moved that the amendment offered to the Tenth Section,
together with the amendment to the amendment be laid on the table ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative as follows :

YEAS.

Messrs. Clark, of Alamakee, Messrs. Palmer,

Day, Patterson,

Edwards, Peters,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gower, * Skiff,

Hall, Solomon,

Harris, Todhunter,

Hollings worth, Warren,

Johnston, Winchester,

Springer, [Prest.] 23.

292

NAYS.

Messrs. Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Ells,
Gray,

On motion of Mr. Warren,
The Convention then adjourned.

Messrs. Marvin,
Parvin,
Traer,
Wilson,
Young, — 10.

FRIDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The consideration of the Report of the Committee on Education and
School Lands was resumed.

Mr. Ells offered the following as a substitute for the Tenth Section
of said Report :

SEC. 10. " The Board of Education shall provide for the education
of all the youths of the State through a system of common schools. —
A school shall be organized and kept in each district at least three
months in each year. Districts failing for two consecutive years to
organize and keep up a school, may be deprived of their portion of
the School Fund ;"

Mr. Gillaspy moved to amend the amendment by striking out the
word "youths" and inserting the words "white children;"

The previous Question having been demanded,

Upon the question,

Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present

voting therefor.

Upon the question of agreeing to the motion of Mr. Gillaspy, the
yeas and nays were demanded, and, it was decided in the negative, as
follows :

293

YEAS.

Messrs. Day,

Emerson,
Gibson,
Gillaspy,
Harris,

Solomon — 11.

NAYS.

Messrs. Palmer,
Patterson,
Peters,
Price,

Robinson,

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Hall,

Hollingsworth,

Marvin,

Messrs. Parvin,
Scott,
Seely,
Skiff,

Todhunter,
Traer,
Warren,
. Wilson,
Winchester,
Young,
Springer, (P.,) 22

Upon the question of agreeing to the Substitute for the Tenth Sec-
tion of said Report,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Hall,

Hollingsworth,

Marvin,

NAYS.

Messrs. Day,

Emerson,
Gibson,
Gillaspy,
Palmer,

Messrs. Parvin,
Scott,
Seely,
Skiff,

Todhunter,
Traer,

Warren,

Wilson,

Winchester,

Young,

Springer, (P.) 2'2

Messrs. Patterson,
Peters,
Price,
Robinson,
Solomon — 10

294

Mr. Hall moved to strike out the Ninth Section of said Report ;
Which motion was agreed to.

Mr. Hall moved to amend the Eighth Section of said Report by
adding thereto as follows :

"Provided, That all acts, rules and regulations of said Board may
he altered, amended, or repealed, by the General Assembly;"

Which motion was agreed to.

Mr. Hall offered the following to come in as Section Ninth of said
Report :

SEC. 9. 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 ;

Which was agreed to.

Mr. Clarke, of Johnson, offered the following to come in ag the
Eleventh Section :

SEC. 11. "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 ; "

Mr. Skiff offered the following as a Substitute for said proposed
Section :

"The State University shall consist of a single institution and bo
permanently located at one place ; which place shall be on some part
of the five sections of land belonging to the State of Iowa, in Jasper
county, heretofore granted to the State by Act of Congress for the
State Capitol;"

Mr. Edwards moved that said proposed Section and Substitute ta
laid upon the table ;

Upon this question the yeas and nays were demanded, and it waa
decided in the negative, as follows :

YEAS.

Messss. Clarke, of Henry, Messrs. Marvin,
Edwards, Patterson,

Ells, Price,

Gower, Seely,

295

Messrs. Hall,

Hollings worth,
Johnston,

NAYS.

Messrs. Bunker,

Clarke, of Johnson,

Clark, of Alamakee,

Day,

Emerson,

Gibson,

Gillaspy,

Gray, "

Harris,

Palmer,

Messrs. Traer,

Winchester,
Young — 14.

Messrs. Parvin,
Peters,
Robinson,
Scott,
Skiff,
Solomon,
Todhunter,
Warren,
Wilson,
Springer, (P.) 20

By general consent of the Convention, the Substitute was then with-
drawn.

Mr. Todhunter moved to strike out of said proposed Section all after
the word " institution," near the beginning thereof ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Clark, of Alamakee,
Day/
Gibson,
Gillaspy,
Hall,
Harris,
Johnston,
Marvin,
Patterson,

NAYS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Emerson,

Gower,

Gray,

Hollingsworth,

Messrs. Price,

Robinson,

Scott,

Seely,

Solomon,

Todhunter,

Wilson,

Winchester,

Young— 18.

Messrs. Palmer,
Parvin,
Peters,
Skiff,
Traer,
Warren,
Springer (P.) 14.

The proposed section as amended, was then agreed to.

296

Mr. Palmer offered the following to come in as the Seventeenh Sec-
tion of said Report :

SEC. 17. 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 repairing of sdhool houses ;"

Mr. Solomon moved to amend said proposed section by adding there-
to as follows :

"But the property of colored persons shall not be taxed for such
purpose ; "

Which amendment was not agreed to, and,

The proposed section offered by Mr. Palmer,

Was then disagreed to.

Mr. Scott moved to strike out in the Seventeenth Section of said
Eeport the word "unmarried ; "
Which motion was agreed to.

Mr. Palmer offered the following to come in as the Seventeenth Sec-
tion of said Report :

SEC. 17. "The Board of Education shall have no power to levy
taxes for the support of schools, or the erection or repairing of school
houses ; "

Which motion was agreed to.

Mr. Clarke, of Henry, moved to strike out the first nine sections of
said Report and Substitute therefor as follows : •

SEC. 1. The General Assembly shall provide for the election or ap-
pointment of a Board of Education, 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 other duties
as may be imposed upon him by the Board of Education or the laws of
the State.

SEC. 2. The powers and duties of such Board and Trustees and their
terms of office and compensation shall be prescribed by law ;

The Previous Question having been demanded,
Upon the question,
Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor.

Upon the question of agreeing to said Substitute for the first nine
Sections of said Report,

297

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Henry, Wilson,

Clark, of Alamakee, Young,

Springer, (Prest.,) — 7.

NAYS.

Messrs. Clarke, of Johnson, Messrs. Palmer,

Day, Parvin,

Edwards, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Scott,

Gower, ' Seely,
Hall, Skiff,

Harris, Solomon,

Hollingsworth, Todhunter,

Johnston, Traer,

Marvin, Warren,
Winchester— 27.

Mr. Traer moved a reconsideration of the vote by which the section
to come in as the Ninth Section, was adopted ;

Which motion was not agreed to.

Mr. Johnston, from -the Select Committee to whom was referred yes-
terday a Resolution of Inquiry, submitted the following

REPORT.

The Select Committee to whom was referred the Resolution of
Inquiry in relation to the proper investment of the perpetual School
Fund of the State, beg leave to report the following additional section
to the Article on Education and School Lands :

EDWARD JOHNSTON,

Chairman.

The General Assembly shall provide that after the year

the perpetual school fund loaned by the School Fund Commissioners,
Superintendent of Public Instruction, or distributed in the several
counties of the State, shall be gradually withdrawn and invested in
19*

298

United States stocks, the stock of interest-paying States, or loaned to
the State of Iowa. And the General Assembly shall further provide
that all other monies 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 invested or borrowed, the
State shall pay an annual interest of not less than six per cent. , to be
distributed as provided by law without charge to the School Fund ;

Said Report having been read, the same was received, and the Com-
mittee discharged.

The Convention then proceeded to consider the Report of said Com-
mittee as an additional Section to the Report of the Committee on Edu-
cation and School Lands ;

Mr. Solomon moved to amend said proposed section by adding there-
to as follows :

"Provided, That such stock shall never be used as a basis for bank-
ing •»

Mr. Johnston moved that the Convention do now adjourn ;

Which motion was agreed to, and the Convention adjourned until to-
morrow morning at nine o'clock.

SATURDAY MORNING, FEBRUARY 28, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Winchester, from the Select Committee to whom was referred the
resolutions offered by Mr. Wilson, on Wednesday last, made the fol-
lowing

299
REPORT.

The Select Committee 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 ofc' one hundred and twenty dollars for said services.

Resolved, further, That five hundred more copies of said Debates
be ordered from the publisher, in addition to the fifteen hundred copies
already ordered, and if the same shall exceed twelve hundred pages,
they shall be bound in two separate volumes.

And, when the Debates shall have been published, they shall be dis-
tributed as follows :

Eight copies to the State Historical Society ;
Two copies to each State and organized Territory ;

Five copies to each county in the State, one of which shall be kept
in the county offices ;

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, Serge ant- 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 pos-
session of the State, and be disposed of as may be desiginated by
law.

All of which is respectfully submitted.

S. G. WINCHESTER,

Chairman Committee.

The report having been read, and received by the Convention,

Mr. Clarke, of Johnson, moved that said resolutions be laid on the
table ;

Mr. Young moved that that portion of the second resolution relative
to the printing of five hundred additional copies, be stricken out ;

Mr. Clarke, of Johnson, moved that the resolutions be laid on the

300

table, subject to the order of the Convention, with instructions to the
Committee that they correspond with the publishers respecting the cost
of furnishing the additional number of copies specified ;
Which motion was agreed to.

The consideration of the Report of the Committee on Education and
School Lands having been resumed,

Mr. Todhunter moved that said Report, with the amendments made
thereto, be referred to a Special Committee of five ;

Mr. Harris moved that the same be referred back to the Standing
Committee on that subject ;
Which motion was agreed to.

Mr. Gillaspy offered the following :

Resolved, That the Committee on Education and School Lands be
instructed to inquire into the propriety of adopting Article 9, of the
present Constitution, so modified as to provide for a Board of Educa-
tion, instead of a Superintendent of Public Instruction, whose term of
office, compensation and powers shall be prescribed by law ; and, to
make the State University a single institution;

Which resolution was adopted.

Mr. Clarke, of Johnson, offered the following :

Resolved, That the Committee on Education and School Lands be
instructed to consider the expediency of providing for the election or
appointment of the Board of Education, according to population, and
fixing the number of said Board, with power in the General Assembly
to provide for the increase of said Board on the same basis ;

Which resolution was adopted.

Mr. Patterson moved that the Committee on Education and Schoo
Lands be instructed to report on Monday next, at the morning session
Which motion was agreed to.

Mr. Clarke, of Henry, offered the following :

Resolved, That the Committee on Education and School Lands be
instructed to inquire into the propriety of incorporating in the Article
under their charge, the following section :

SEC. — . The General Assembly shall provide by law for the election
of a Board of Education, one member of which shall be elected from
each Judicial District, and shall be ex-officio Trustee of the State
University. They shall have, control of the educational interests of
the State, and shall have power to appoint a Secretary of the Boanl,

301

who shall be the Executive officer and perform such duties as may be
imposed upon him by said Board or the laws of the State. And the
other powers and duties of said Board and Trustees shall be such as
shall be prescribed by law ;
Which resolution was adopted.

Mr. Wilson moved that two additional members to the Standing
Committee on Education and School Lands, be appointed;

Which motion was agreed to, and Messrs. Todhunter and Gillaspy
were named by the President.

Mr. Winchester offered the following :

Resolved, That the Committee on Education and School Lands be
instructed to inquire into the expediency of providing for an officer in
each county, whose duty in part it shall be to examine all teachers and
give certificates of qualification ;

Which resolution was adopted.

Mr. Solomon offered the following :

Resolved, That the Committee on Education and School Lands be
instructed to report in favor of the gradual collection of the School
Fund of this State and of loaning the same at a given rate of interest
for a series of years to the State of Iowa, for the purpose of erection
of Public Buildings and for no other purpose;

Which resolution was adopted.

On motion,

The Convention then resolved itself into Committee of the Whole,
Mr. Winchester in the Chair, upon the consideration of the Report of
the Committee on Right of Suffrage; and, after some time spent therein,
the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole reported that progress
had been made in the consideration of the subject before them, and the
Committee asked and obtained leave to sit again.

On motion of Mr. Todhunter,
The Convention then adjourned.

302

SATURDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention resolved itself into Committee of the Whole, Mr.
Winchester in the Chair, upon the consideration of the Report of the
Committea on Right of Suffrage; and, after a short time spent
therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported
the same back to the Convention with an amendment ;

Which report was received and the Committee were discharged.

The Convention then proceeded to the consideration of the Report of
the Committee on Right of Suffrage, as amended in Committee of the
Whole :

The First Section of said Report being under consideration, as fol-
lows:

SEC. 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 hereafter may be authorized by law ; " and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said section by adding thereto as follows : "and
the General Assembly shall provide for registering the legal voters of
this State ; "

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Clarke, of Henry, Messrs. Marvin,
Clarke, of Johnson, Scott,

Ells, Seely,

Gower, Todhunter,

Gray, Young — 10.

303

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Palmer,

Day, Patterson,

Edwards, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspv, Solomon,

Hall, Wilson,

Harris , Winchester ,

Hollingsworth, Springer, (P.) 20.

There being no further amendments made in Committee of the Whole
to said report,

Mr. Clarke, of Johnson, moved to amend the First Section of the
same by striking out the words "six months" and inserting the words
"one year ; "

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Clarke, of Johnson, Messrs. Gray,

Gower, Hollingsworth,

Scott— 5.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Clarke, of Henry, Palmer,

Clark, of Alamakee, Patterson,

Day, Peters,

.Edwards, Price,

Ells, Robinson,

Emerson, Seely,

Gibson, Solomon,

Gillaspy, Todhunter,

Hall, Wilson,

Harris, Winchester,

Johnston, Young,
Springer, (Prest.,) — 25.

Mr. Clarke, of Johnson, moved to amend the First Section of said
Report by striking out the words "twenty days" and inserting the
words "three months ;"

304

Upon tliis question tlie yeas and nays were demanded, and

A call of the House having been ordered, the following gentlemen
answered to their names :

Messrs. Ayers, Messrs. Johnston,

Bunker, Marvin,

Clarke, of Henry, Palmer,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Emerson, Seely,

Gibson, Solomon,

Gillaspy, Todhunter,

Gower, Traer,

Gray, Wilson,

Hall, Winchester,

Harris, Young,

Hollingsworth, Springer, (P. ) 32.

On motion of Mr. Todhunter, Mr. Parvin was excused.

Mr. Gibson then moved that further proceedings under the call be dis-
pensed with ;
Which motion was agreed to.

The question was then taken by yeas and nays on the motion of Mr.
Clarke, of Johnson, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Traer,

Edwards, Warren,

Gower, Wilson,

Gray, Winchester,

Hollingsworth, Young,
Springer, (Prest.,) — 15.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Ells, Patterson,

Emerson, Peters,

305

Messrs. Gibson, Messrs. Price,

Gillaspy, Robinson,

Hall, ' Seely,

Harris, Solomon,
Todhunter— 17.

Mr. Clarke, of Henry, moved to amend the First Section of said
Report by striking out the word "twenty," near the latter part thereof,
and inserting the word "sixty ;"

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Seely,

Clarke, of Johnson, Todhunter,

Edwards, Traer,

Ells, Warren,

Gower, Wilson,

Gray, Winchester,

Rollings worth, Young,

Marvin, Springer, [P] 18.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,

Harris, Solomon — 14.

Mr. Harris then moved that said Report, as amended, be ordered to
have a third reading, and that the same be referred to the Committee
on Revision, Engrossment and Enrollment ;

Which motion was agreed to.

On motion of Mr. Clarke, of Johnson,

The Convention adjourned until Monday next at nine o'clock.

306

MONDAY MORNING, MARCH 2, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of Saturday's proceedings was read and approved.

Mr. Marvin, from the Committee on Education and School Lands,
made the following

REPORT.

The Committee on Education and School Lands beg leave to make
the following repprt :

EDUCATION AND SCHOOLS.
ARTICLE — — .

SECTION 1. The educational interest of the State, to include Com-
mon Schools and other educational institutions, shall be under the man-
agement of a Board of Education, 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 each
judicial district in the State.

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 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 chosen every two years thereafter.

SEC. 4. 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 Gen-
eral Assembly ID ay be in session.

307

SBC. 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 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 As-
sembly.

SEC. 7. All rules and regulations made by the Board shall be pub-
lished and distributed to the several counties, townships, and school
districts, as may be provided for by the Board, and when so passed, pub-
lished, 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 insti-
tuted, 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-enaoted by the
Board of Education.

SEC. 9. The Governor of the State shall be, ex-ojficio, a member of
said Board.

SEC. 10. The Board shall not have power to levy taxes, or make ap-
propriations 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 district at least three months
in each year. Any district failing, for two consecutive years, to or-
ganize and keep up a school, may be deprived of their portion of the
school fund.

SEC. 13. The Board of Education shall each receive the same per
diem and mileage, during the time of their session, as members of the
General Assembly; and for other services, such compensation as shall
be provided for by the General Assembly.

SEC. 14. A majority of the Board shall constitute a quorum {or

308

the transaction of business ; Provided, no rule, regulation, or law, for
the regulation and government of the school or educational system shall
Dass 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 pas-
sage. 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 1865, the General Assembly,
two- thirds of each branch concurring, shall have power to supercede 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.

SCHOOL FUNDS AND SCHOOL LANDS.
ARTICLE .

SECTION 1. The educational and school funds and lands, shall be un-
der the control and management of the General Assembly of this State.

SEC. 2. The University lands, and the proceeds thereof, and all
monies 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 Uni-
versity.

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 hun-
dred thousand acres of land granted to the new States, under an act of
Congress, distributing the proceeds of the public lands among the sev-
eral 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 Congress, 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 ap-
propriated 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 fine collected, among the several school districts of said coun-
ties, 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.

309

SEC. 5. The General Assembly shall take measures for the protec-
tion, 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 said Uni-
versity, 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 maybe, to provide effectual means for
the improvement and permanent security of the funds of said Uni-
versity.

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 com-
mon schools shall be distributed to the districts in proportion to the
number of youths, between the ages of five and twenty- one jears, in
such manner as may be provided by the General Assembly.

Respectfully submitted,

A. H. MARVIN, Chairman.

J. C. HALL,

LEWIS TODHUNTER,

GEORGE W. ELLS,

A. HARRIS, (as a compromise,)

JOHN EDWARDS,

GEORGE GILLASPY.

Which was read, ordered to lie on the table, and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Hall, from the same committee, made the following Minority

REPORT.

The undersigned, from the Committee on Education and School
Lands, beg leave to make the following Report :

The attention of the Committee has been particularly called, by the
action of the Convention, to the subject of the School Funds as now
vested, and to a suggestion that the present mode of investing the mon-
ies belonging to the School and University Funds be abandoned, and
some more permanent and secure mode substituted.

This question has been discussed by the Committee, but a majority

310

liave not been able to agree upon another plan or mode of disposing of
said funds.

It is conceded that the present manner of loaning the money is unsafe
and insecure, and that some change is demanded ; but the majority
adhere to the character of the investments as now adopted, and look for
a reform in the manner or system of loaning the funds. They seek
safety by acting upon the agents of the funds who are authorized to
make the loans.

In the opinion of the undersigned, the present system is radically
defective, and cannot be followed without great hazard of loss of the
principal — irregularity and confusion in collecting and disbursing the
interest, to the schools. The defect is radical, and in the system itself ;
and cannot be obviated by action upon the public agents.

Under the present system, the fund has, and will have, its thousands
of borrowers, scattered throughout every county of the State. The
public agents who control the funds can be numbered by hundreds. —
It would be a miracle, indeed, if all these borrowers and agents should
prove punctual and honest — should be vigilant, competent and prompt !
No one is so visionary as to believe that such a system can be carried
on without some irregularities, failures and losses ; yet the inconven-
ience of a change outweighs these considerations.

The undersigned is fully convinced that, under the present system,
the School Fund has already lost, beyond recovery, more than fifty
thousand dollars ; that losses will continue from year to year ; that they
are inevitable ; and that the permanent School Fund will, in this man-
ner, be subjected to a perpetual drain. Did these annual, or rather
periodical losses, occur in a single case, it would startle the public
mind , but they occur in comparatively small loans — are not manifest
at once — their existence is known only to a particular locality — the
law promises a tardy collection — the memory of the loss and the law-
suit pass into oblivion together — and the School Fund suffers the loss
without exciting public attention.

A spirit of selfishness in the public agents and borrowers will always
make them active in retaining the present system. They have an in-
terest, and will work ; — they have influence, and can pacify investiga-
tion. Its guardians being, to some extent, culpable for the losses, will
become apologists and defenders of defaulters and peculation.

It must be remembered that this fund cannot be guarded and protect-
ed with shrewd and watchful anxiety of self-interest. A loss cannot
excite the same exertion or mortification of a loss to an individual. —
The public never act with the energy and promptness of the nrivate
citizen ; nor can they ever be made conscious of such a loss to half the
extent that they would if it fell upon the individual citizen.

811

Under these, circumstances, the undersigned most earnestly insist
that the School Funds of this State should be collected together and
permanently invested in a secure manner ; that the investment should
be made so that the principal can never be lost or squandered, and the
interest will be promptly and certainly paid when due. This can be
done by investing the money in selected State or United States securi-
ties or bonds. This mode is objected to by some on the ground that
these securities will only bring six per cent, interest, whilst the money
can be loaned at ten per cent, interest to citizens of the State upon
real estate security. This may be true ; but experience proves that the
expense of loaning, looking after the funds, collecting, distributing,
and disbursing the ten per cent. , reduces this seeming large per cent, to
perhaps less than six per cent. , and a want of promptness in the collec-
tion and disbursement, creates continual disappointments, delays,
and troubles with the schools who depend upon the funds to pay the
teachers.

Whilst the one system insures promptness, certainty, and security,
the other promises nothing but insecurity, tardiness, delays, and disap-
pointments, the undersigned most respectfully suggest that the limita-
tion of State indebtedness prohibits the State from becoming indebted
to this fund more than two hundred and fifty thousand dollars. But
would it not be wise to modify that clause by allowing the State to bor-
row a sufficient amount of the School Fund to erect the charitable in-
stitutions of this State ? The necessity of such institutions is conceded.
Common humanity requires the earnest and speedy action of the State
in providing for the insane, the blind, the d'eaf and dumb, &c. These
institutions belong to our social system, and will last as long as human-
ity and civilization exist. The expenditures should be commensurate
with the cause and the object. These institutions will pass down to
posterity, and continue to ameliorate and bless the poor unfortunate
for thousands of years. It will be the pride and glory of this age to
commence and lay the foundation of this great system of governmental
charity and benevolence. To do this, we must resort to direct taxation.
The assessor, the tax gatherer, and local and State treasurer, and dis-
bursing agents, are all to be hired and paid. Not more than eighty
cents of every dollar paid by the people will find a place in the walls of
these institutions. The money thus collected is worth ten per cent, to
the people, where the tax is levied. We have the School lund 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
the 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.

The undersigned, therefore, most respectfully, but earnestly, recom-

312

mend to the Convention the adoption of the following sections, to be
attached to the schedule, or the article, " SCHOOL FUNDS AND SCHOOL
LANDS :"

SBC. — . For the purpose of establishing and erecting charitable
institutions in this State, the General Assembly may provide 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 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 Treas-
ury of the State, and the General Assembly shall provide for the per-
manent 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.

J. C. HALL,
GEORGE W. ELLS.

"Which was read, ordered to lie on the table, and that one hundred
copies thereof be printed for the use of the Convention.

Mr. Harris offered the following :

Resolved, That the Committee on Schedule be instructed to divide
the State into Judicial Districts ;

Mr. Wilson moved to amend said resolution so as "to inquire into the
expediency of dividing the State into Judicial Districts ;"

Upon the question of agreeing to the amendment the yeas and nays
were demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Scott,

Clarke, of Henry, Seely,

Clarke, of Johnson, Todhunter,

Day, Traer,

Ells, Warren,

Gray, Wilson,

Hollings worth, Young,
Springer, (Prest.) IT.

813

NAYS.

Messrs. Clark, of Alamakeo, Messrs. Johnston,

E Iwards, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Skiff,

Harris, Solomon — 14.

The resolution of Mr. Harris, as amended, was then adopted.

Mr. Palmer offered the following as an additional Article to be incor-
porated in the Constitution :

ARTICLE — .
OF THE SEAT OF GOVERNMENT AND THE STATE UNIVERSITY.

SECTION 1. The Seat of Government is hereby permanently estab-
lished 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 ;

Which, having been read, the same was ordered to have a second
reading. ^

Mr. Clarke, of Johnson, offered the following :

Resolved, That for preparing the enrolled copy of the Journal of
this Convention, and the Constitution, ordered to be deposited in tho
State Department, the Secretary of this Convention be paid the sum of
, : Dollars ;

Mr. Clarke,' of Johnson, moved that the blank in said resolution bo
filled with the words "two hundred ;"

Which motion was agreed to, and, the resolution, as amended, was
then adopted.

Mr. Clarke, of Johnson, moved that the Convention resolve itself
into Committee of the Whole, upon the consideration of the Report of
the Special Committee on the Right of Suffrage ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Hollingsworthj

Clarke, of Henry, Marvin,

Clarke, of Johnson, Scott,

20*

314

Messrs. Edwards, Messrs. Seely,

Ells, Skiff,

(rower, Wilson,

Gray, Young,

Springer, (Prest.,) 15.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Palmer,

Day,
Emerson,
Gibson,
Gillaspy,

Hall,
Harris,

Warren — 17.

Patterson,

Peters,

Price,

Solomon,

Todhunter,

Traer,

Mr. Clark, of Alamakee, moved to reconsider the vote by which the
motion to go into Committee of the Whole was disagreed to ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

NAYS.

Messrs. Ayers,
Day,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Johnston,

Messrs. Gray,

Hollingsworth,

Scott,

Skiff,

Todhunter,

Wilson,

Springer, (P.) 14,

Messrs. Marvin,
Palmer,
Patterson,
Peters,
Price,
Seely,
Solomon,
Wairen— 16.

Mr. Clarke, of Johnson, moved thatthe Convention do now adjourn ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

315

YEAS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Scott,

Clarke, of Johnson, Skiff,

Ells, Todhunter,

Gower, Warren,

Gray, Wilson,
Young— 13.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Marvin,

Day, Palmer,

Edwards, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Seely,

Hall, ' Solomon,

Harris, Springer, (P.) 18.

A call of the House having been ordered, the following gentlemen
answered to their names :

Messrs. Ayers, Messrs. Hollingsworth,

Bunker, Johnston,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Palmer,

Clark, of Alamakee, Patterson,

Day, Peters,

Edwards, Price,

Ells, Scott,

Emerson, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Warren,

Hall, Wilson,

Harris, Young,
Springer, (Prest.) 31.

On motion, Mr. Kobinson was excused.

Pending the call of the House,

Mr. Young moved that the Convention do now adjourn ;

Upon this question, the yeas and nays were demanded, and it
decided in the affirmative, as follows :

316

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Hollingsworth, Young,
Springer, ( Prest. , ) — 19.

NATS.

Messrs. Ayers, Messrs. Harris,

Day, Johnston,

Emerson, Palmer^

Gibson, Patterson,

Gillaspy, Peters,

Hall, Price,
Solomon — 13.

So tho Convention adjourned until two o'clock this afternoon.

MONDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Marvin moved that all further proceedings under the call of the
House, pending at the time of adjournment this morning, be dispensed
with;

Which motion was not agreed to.

Mr. Harris moved a reconsideration of the vote just taken ;
Which motion was disagreed to.

Mr. Gillaspy moved that the Convention take a recess for twenty
minutes ;

Which motion was not agreed to.

317

The Sergeant- at- Arms having made his report respecting the ab-
sentees,

Mr. Skiff moved that all further proceedings under the call be dis-
pensed with ;

Which motion was agreed to.

The question now being upon agreeing to the resolution recommended
by the Special Committee on the Right of Suffrage, in their Report,

The Previous question was demanded, and,

Upon the question,

Shall the main question now be put ?

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS,

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, ' Seely,

Harris, Solomon — 14.

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Scott,

Clark, of Alaniakee, / Skiff,

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,
Springer, (Prest.) 17.

Mr. Skiff moved that the Convention go into Committee of the
Whole, upon the consideration of the Report of the Special Committee
on Right of Suffrage ;

Upon this question, the yeas and nays were demanded, and, it was
decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Hollings worth,

Clarke, of Henry, Marvin,

318

Messrs. Clarke, of Johnson, Messrs. Scott,

Clark, of Alamakee, Seely,

Edwards, Skiff,

Ells, Todhunter,

Gower, Traer,

Gray, Wilson,
Springer, (Prest.,)— 17.

NAYS.

Messrs. Ayers,
Day,
Emerson,
Gibson,
Gillaspy,
Hall,
Harris,

Messrs. Johnston,
Palmer,
Patterson,
Peters,
Price,
Solomon,
Warren — 14.

The Convention then resolved itself into Committee of the Whole, Mr.
Clark, of Alamakee, in the Chair, upon the consideration of the Re-
port of ; the Special Committee on Right of Suffrage ; and, after
some time spent therein, the Committee rose.

The Convention having again come to order,

The Chairman of the Committee of the Whole stated that they had
concluded the consideration of the subject before them, and reported
back to the Convention the resolution recommended by the Special Com-
mittee, with amendments ;

Which report was received, and the Committee were discharged.

Said resolution was then taken up for consideration, as follows :

Resolved, That at the same election that this Constitution is submit-
ted to the people for its adoption or rejection, a proposition to amend
the same, by sriking out the word "white," wherever it occurs in said
Constitution, shall be separately submitted to the electors of this State
for their adoption or rejection, in manner following, viz :

A separate ballot may be given by every person having the 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 where it occurs? Yes!"

And those given against the proposition shall have the words, "Shall
the word 'white' be stricken out of the Constitution ? No !"

And if at said election, a majority of all the ballots cast for and
against said proposition shall have the words,. "Shall the word * white'

319

be stricken out of the Constitution wherever it occurs ? Yes ?" thea
the word "white" shall be so stricken out, and shall not be any part
of said Constitution ; and,

The question being upon agreeing to the amendment made in Com-
mittee of the Whole to said resolution, by restricting the striking out
of the word 'white' to the First Section of the Article on Right of
Suffrage, and by so changing the resolution in its various parts as to
correspond therewith,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs, Clarke, of Johnson, Messrs. Parvin,

Clark, of Alamakee, Patterson,

Edwards, Peters,

Gibson, Price,

Gillaspy, Scott,

Gower, Seely,

Gray, Skiff,

Hall, Solomon,

Harris, Todhunter,

Hollings worth, Traer,

Johnston, Warren,

Marvin, Wilson,

Palmer, Young,
Springer, [Prest.,] 27.

KAYS.

Messrs. Ayers, Messrs. Day,
Bunker, Ells,

Clarke, of Henry, Emerson — 6.

Upon the question of agreeing to' the amendment made in Com-
mittee of the Whole to said resolution, to strike out in the last clauso
thereof, near the beginning, the words "said proposition," and insert
the words "this Constitution," causing said clause to read as follows :

"And if at said election, a majority of all the ballots cast for and
against this Constitution shall have the words, &c ;"

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Ayers, Mesers. Johnston,

Bunker, Palmer,

820

Messrs. Clarke, of Johnson, Messrs. Patterson,

Day, Peters,

Ells, Price,

Gibson, Seely,

Gillaspy, Skiff,

Gower, Solomon,

Hall, Warren,

Harris, Wilson,

Hollings worth, Young,
Springer, (Prest.,)-— 23.

NAYS.

Messrs. Clarke, of Henry, Messrs. Marvin,
Clark, of Alamakee, Parvin,

Edwards, Scott,

Emerson, Todhunter,

Gray, Traer— 10.

Mr. Harris offered the following Substitute for the resolution, as
amended :

ARTICLE — .
NEGROES AND MULATTOES.

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 other-
wise encourage' him to remain in the State, shall be fined in a sum not
less than two nor more than five hundred dollars.

SEC. 3. All fines that may be collected for a violation of the provis-
ions 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 such negroes and mulattoes and
their descendants, as may be in the State at the adoption of this Con-
stitution.

SEC. 4. The General Assembly shall pass laws to carry out the pro-
visions of this Article, and to make provisions for the colonization of
the negroes and mulattoes and their descendants, who shall at the time
of the adoption of this Constitution have a legal residence in the
State.

Which, having been read,

Mr. Hall moved that the same be laid on the table ;

321

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Bunker, Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Price,

Clark, of Alamakee, Scott,

Day, Seely,

Edwards, Skiff,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hall, Wilson,

Hollingsworth, Young,
Springer, [Prest.,] 23.

NAYS.

Messrs. Emerson, Messrs. Palmer,

Gibson, Patterson,

Gillaspy, Peters,

Harris, Solomon — 8.

Mr. Todhunter moved that the Convention adjourn until nine o'clock
to-morrow morning ;

Which motion was not agreed to.

Mr. Marvin moved that the Convention adjourn until seven o'clock
this evening;

Which motion was not agreed to.

On motion of Mr. Parvin,

The Convention then adjourned until quarter past nine o'clock to-
morrow morning.

322

TUESDAY MORNING, MARCH 3, 1857.

At nine and a quarter o'clock, A. M. , the Convention came to order,
the President in the Chair.

Prayer was offered by Rev. C. B. Smith.

The Journal of yesterday's proceedings was read and approved.

Mr. Wilson, from the Committee on Schedule, made the following

REPORT.

The Standing Committee on Schedule beg leave to submit the follow-
ing report and recommend its adoption by the Convention :

ARTICLE XII.
SCHEDULE.

SECTION 1. This Constitution shall be the supreme law of the State,
and any law inconsistent therewith, shall be void. The General Assem-
bly shall pass all laws necessary to carry this Constitution into effect.

SEC. 2. All laws now in force and not inconsistent with the Consti-
tution, shall remain in force until they shall expire or be repealed.

SEC. 8. 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, cer-
tiorari, and injunctions, shall be carried on in the several courts, in the
same manner as now provided by law.

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 offi-
cial capacity, shall remain in force and inure to the use of those con-
cerned.

323

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 o£ Representatives, who shall be elected in
accordance with the act of apportionment, enacted by the seventh Gen-
eral Assembly of the State.

SEC. 7. The first election for Secretary, Auditor, and Treasurer of
State, Attorney General, District Judges, District Attorneys, members
of Congress and such State officers as shall be elected at the April elec-
tion, 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.

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 fifty-seven, shall be held on the second
Tuesday of October, in the year one thousand eight hundred and fifty-
nine.

SEC. 9. The first regular session of the General Assembly shall be
held in the year one thousand eight hundred and fifty-eight, commenc-
ing 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 maybe
prescribed by law.

SEC. 11. Every person elected by popular vote, by vote of the Gen-
eral 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 : Provided, That no such per-
son 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.

SEC. 12. On the taking effect of this Constitution, all officers thereby
continued in office, shall, before proceeding in the further discharge oi:
their duties, take an oath or affirmation to support this Constitution.

SEC. 18. The General Assembly, at the first session under this Con-
stitution, shall district the State into eleven Judicial Districts, for Dis-
trict Court purposes ; and shall also provide for the apportionment of

324

the members of the House of Representatives, in accordance with the
provisions of this Constitution.

SEC. 14. The foregoing Constitution shall be submitted to the elec-
tors 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
against the Constitution, "New Constitution — No." The election shall
be conducted in the same manner as the general election 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 man-
ner 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.

Respectfully submitted.

LEWIS TODHUNTER,
JAMES F. WILSON,
H. W. GRAY.

The undersigned concurs in the foregoing with the exception that he
favors the election of Supreme Court Judges at the election in October,
1857.

H. J. SKIFF.

Which was read, ordered to lie on the table, and that one hundred
copies thereof be printed for the use of the Convention.

The Convention then resumed the consideration of the subject before
them yesterday afternoon at the time of adjournment; and,

The question being upon agreeing to the resolution reported by the
Committee of the Whole, as amended,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Seely,

Edwards, Skiff,

Ells, Todhunter,

326

Messrs. Gower, Messrs. Traer,

Gray, Wilson,

Hollingsworth, Young,
Springer, (Prest.,) — 19.

NAYS.

Messrs. Ayers, Messrs. Harris,

Day, Johnston,

Emerson, Palmer,

Gibson, Patterson,

Gillaspy, Peters,

Hall, ' Price,

Solomon — 13.

Said resolution was then ordered to have a third reading, and was re-
ferred to the Committee on Revision, Engrossment and Enrollment.

Mr. Clarke, of Johnson, moved to take up the resolutions which were
laid on the table on Saturday last, relative to the distribution of the
copies of the Debates, &c.,

Which motion was agreed to.

The motion of Mr. Young, then pending, that tnat portion of the
second resolution relative to the printing of five hundred additional copies
be stricken out,

Was then agreed to.

Mr. Palmer moved that said resolution be so amended that one hundred
and seventy-five additional copies be printed, in lieu of five hundred ;
Which motion was disagreed to.

Mr. Skiff moved that said resolution be so amended that the Secre-
taries, Reporters, Sergeant- at- Arms and Chaplain each have five copies
instead of three ;

Which motion was agreed to.

Mr. Skiff moved that the Messengers and other officers of the Con-
vention not provided for otherwise, each have one copy ;
Which motion was agreed to.

Mr. Traer moved that that portion of said resolution relative to sup-
plying members of the General Assembly be stricken out ;
Which motion was agreed to.

Mr. Traer moved to strike out that portion relative to the distribution
to counties ;

Which motion was agreed to.

326

On motion of Mr. Clark, of Alamakee, the vote last taken was re-
considered ; and

A motion that two copies instead of five be distributed to each
county,

Was then agreed to.

Mr. Clarke, of Johnson, moved to strike out that part of said reso-
lution relative to supplying District Prosecuting Attorneys ;
Which motion was agreed to.

Mr. Todhunter moved to amend the first resolution so as to increase
the allowance to the Reporter from one hundred and twenty dollars to
two hundred dollars ;

Which motion*was agreed to.

Mr. Clarke, of Johnson, offered the following, as an additional reso-
lution :

_ Resolved, That it be made the duty of the Secretary of State to
distribute the Debates of this Convention, as provided for in the fore-
going resolution ; and that he be paid for such distribution the sum of
— dollars :

Mr. Clarke, of Johnson, moved to fill the blank with the words "five
hundred ; "

On motion, the resolutions as amended, together with the resolution
of Mr. Clarke, of Johnson, were referred back to the Select Com-
mittee.

The Convention then proceeded to the consideration of the additional
Article to the Constitution, offered by Mr. Palmer, and read yesterday
for the first time, as follows :

ARTICLE — .
OP THE SEAT OF GOVERNMENT AND THE STATE UNIVERSITY.

The same being upon its second reading,
Mr. Clarke, of Johnson, offered the following as a Substitute :
"That the question of locating the Seat of Government at Des
Moines City, and the State University at Iowa City, be submitted to the
people as a separate proposition, at the same time that a vote is taken

827

on the adoption of the Constitution ; and that, if a majority of the
votes cast at such election shall vote in favor of such proposition the
said institutions shall be so located.

Mr. Skiff moved the Previous Question ;

Pending which motion,

Mr. Marvin moved that the Convention do now adjourn ;

Which motion was agreed to, and

The Convention then adjourned until two o'clock this afternoon.

TUESDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

The Convention then proceeded to the consideration of the subject
before them this morning, at the time of adjournment:

On motion of Mr. Clarke, of Johnson,

A call of the House was ordered, and the following gentlemen an-
swered to their names :

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Emerson, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, Young,

Johnston, Springer, (P.,) 34.

328

Mr. Parvin moved that further proceedings under the call be dispens-
ed with ;

Which motion was agreed to.

Upon the question pending this morning,
Shall the main question now be put ?

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Henry, Palmer,

Day, Parvin,

Edwards, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Hall, ' Seely,

Harris, . Skiff,

Hollingsworth, Solomon,
Todhunter— 19.

NAYS.

Messrs. Bunker, Messrs. Marvin,
Clarke, of Johnson, Peters,

Clark, of Alamakee, Scott,

Ells, Traer,

Emerson, Warren,

Gower, Wilson,

Gray, Young,

Springer, (Prest.,) — 15.

The question now being upon agreeing to the Substitute offered by
Mr. Clarke, of Johnson, for the Article proposed by Mr. Palmer,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Bunker, Messrs. Gower,

Clarke, of Johnson, Gray,

Clark, of Alamakee, Scott,

Ells, Traer,

Emerson, Warren,

Springer, [Prest.,] 11.

329

NAYS.

Messrs.

Ayers,

Messrs. Palmer,

Clarke, of Henry,

Parvin,

Day,

Patterson,

Edwards,

Peters,

Gibson,

Price,

{^•j^^^HftjlLA' ^ ,

Gillaspy,
Hall,
Harris,

Robinson,
Seely,
Skiff,

Rollings worth,

Solomon,

Johnston,

Todhunter,

Marvin,

Wilson,

Young— -23.

The question now recurring upon agreeing to the proposed Article
offered by Mr. Palmer,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers,

Clarke, of Henry,

Day,

Edwards,

Gibson,

Gillaspy,

Hall,

Harris,

Hollingsworth,

Johnston,

Messrs. Palmer,

Patterson,

Price,

Robinson,

Seely,

Skiff,

Solomon,

Todhunter,

Warren,

Springer, (P.) 20.

NAYS.

Messrs. Bunker,

Clarke, of Johnson,

Clark, of Alamakee,

Ells,

Emerson,

Gower,

Gray,

Young — 15.

The same was then ordered to have a third reading, and was referred
to the Committee on Revision, Engrossment and Enrollment.

The Report of the Committee on Education and School Lands waa
21*

Messrs. Marvin,
Parvin,
Peters,
Scott,
Traer,
Wilson,
Winchester,

330

then taken up ; and, the First Article of the same being under consid-
eration on its second reading,

Mr. Wilson offered the following as a Substitute therefor :

ARTICLE .

EDUCATION AND SCHOOL LANDS.

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 suita-
ble 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 support of
schools, which shall hereafter be sold, or disposed of, and the five hun-
dred thousand acres of land granted to the new States, under an act of
Congress, distributing the proceeds of the public lands among the sev-
eral 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 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 ap-
propriated 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 coun-
ties, 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, provide by law.

SEC. 4. The General Assembly shall take measures for the protec-
tion, improvement, or other disposition of such lands as have been, or
may hereafter be reserved, or granted by the United States, or any

331

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 Uni-
versity, with such branches as the public convenience may hereafter de-
mand, 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 maybe, to provide effectual means for
the improvement and permanent security of the funds of said Uni-
versity.

Upon the question of agreeing to said Substitute, the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,
Clarke, of Henry, Traer,

Clarke, of Johnson, Wilson,

Clark, of Alamakee, Winchester,

Gower, Young,

Gray, Springer, (P. ) 12.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Day, Parvin,

Edwards, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Hall, Seely,

Harris, Skiff,

Johnston, Solomon,

Marvin, Todhunter,
Warren— 21.

The Second Section of said Article being under consideration, as
follows :

SBC. 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 citizen of the State.

Mr. Traer moved to amend the same by striking out the words
"twenty-five" and inserting the words "twenty-one ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

832

YEAS.

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Peters,

Scott,

NAYS.

Messrs. Ayers,
Bunker,

Clarke, of Johnson,
Day,
Edwards,
Emerson,
Gibson,
Gillaspy,
Gower,
Gray,
Hall,
Harris,

Messrs. Seely,

Solomon,
Traer,
Wilson— 8.

Messrs. Marvin,
Palmer,
Parvin,
Patterson,
Price ,
Robinson,
Skiff,

Todhunter,
Warren,
Winchester,
Young,
Springer, (P.) 24.

The Seventh Section of said Article being under consideration, as
follows :

SEC. 7. All rules and regulations made by the Board shall be pub-
lished and distributed to the several counties, townships, and school
districts, as may be provided for by the Board, and when so passed, pub*
lished, and distributed, they shall have the force and effect of law.

Mr. Scott moved to amend the same by striking out of said section
the words, "as may be provided for by the Board" near the middle
thereof ;

Which motion was not agreed to.

Mr. Clarke, of Henry offered the following Substitute for the Sec-
tions of said Article from Five to Ten, inclusive of both :

SEC. — . The powers, duties and compensauon of the Board shall
be such as shall be prescribed by law ;

The Previous question having been demanded,

Upon the question,

Shall the main question now be put ?

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers,
Day,

Messrs. Patterson,
Price,

333

Messrs. Gibson,
Gillaspy,
Hall,
Harris,
Johnston,
Palmer, •

NAYS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Emerson,

Gower,

Gray,

Hollingsworth,*

Messrs. Robinson,
Skiff,
Solomon,
Todhunter,
Warren,
Winchester — 16.

Messrs. Marvin,
Parvin,
Peters,
Scott,
Seely,
Traer,
Wilson,
Young,
Springer, (P.) 18.

Upon the question of agreeing to the Substitute offered by Mr. Clarke,
of Henry,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Clark, of Alamakee,
Gray,

Young — 11.

NAYS.

Messrs. Hollingsworth,
Parvin,
Traer,
Wilson,
Winchester,

Messrs. Ayers,
Day,
Edwards,
Ells,

Emerson,
Gibson,
Gillaspy,
Gower,
Hall,
Harris,
Johnston,

Warren— 23.

Messrs. Marvin,
Palmer,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,

334

The Ninth Section of said Article being under consideration, as
follows :

SEC. 9. The Governor of the State shall be, ez-officio, a member of
said Board.

Mr. Clarke, of Johnson, moved to strike out said section ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Skiff,

Clarke, of Johnson, Traer,

Clark, of Alamakee, Warren,

Gray, Wilson,

Hollingsworth, Young,
Springer, (Prest.,) 13.

NAYS.

Messrs. Ayers, Messrs. Marvin,

Day, Palmer,

Edwards, Patterson,

Ells, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Scott,

Gower, Seely,

Hall, Solomon,

Harris, Todhunter,

Johnston, Winchester — 22.

The Tenth Section of said Article being under consideration, as
follows :

SEC. 10. The Board shall not have power to levy taxes, or make ap-
propriations of money. The contingent expenses shall be provided ['or
by the General Assembly.

Mr. Clarke, of Henry, moved to amend said section by striking out
the words u The contingent" and inserting the word "All;" also by
adding at the end of said section the words "but no part of the costs
or expenses of said Board shall be charged* to the School Fund ;"

Upon the question of agreeing to the same, the yeas and nays were
demanded, and, it was decided in the negative, as follows :

• 335

YEAS.

Messrs. Bunker, Messrs. Rollings worth,

Clarke, of Henry, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Scott,

Ells, Seeiy,

Gibson, Traer,

Gray, Wilson,

Harris, Young,
Springer, (Prest.)17.

NAYS.

Messrs. Ayers, Messrs. Patterson >

Day, Peters,

Edwards, Price,

Emerson, Robinson,

Gillaspy, Skiff,

Gower, Solomon,

Hall, Todhunter,

Johnston, Warren,

Marvin, Winchester — 18.

Mr. Wilson moved to amend the same section by striking out the
word "shall" in the last clause thereof and inserting the word "may ;"

Upon the question of agreeing to said motion, the yeas and nays were
demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Traer,

Clark, of Alamakee, Warren,

Gray, Wilson,
Young — 11.

NAYS.

Messrs. Ayers, Messrs. Palmer,

Day, Patterson,

Edwards, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gillaspy, Seely,

Gower, Skill',

336 .

Messrs. Hall, Messrs. Solomon,
Harris, Todtmnter,

Johnston, Winchester,

Marvin, Springer, (P.) 24.

The Twelfth Section of said Article being under consideration, as
follows :

Mr. Wilson moved to amend said section by inserting the word
"common" before the word schools, at the end of the first clause
thereof ;

Upon this question, the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Seely,

Clarke, of Johnson, Skiff,

Clark, of Alamakee, Traer,

Ells, Warren,

Gray, Wilson,

Hollingsworth, Winchester,

Parvin, Young,
Springer, (Prest.,^ — 17.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Day, Marvin,

Edwards, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Gower, Robinson,

Hall, Solomon,

Harris, Todhunter— 18.

The Thirteenth Section of said Article "being under consideration, as
follows :

SEC. 13. The Board of Education shall receive the same per diem

S37

and mileage, during the time of their session, as members of the
General Assembly; and for 0ther services, such compensation as shall
be provided for by the General Assembly.

Mr. Palmer moved to amend the same, by insering before the word
" Board," near the commencement thereof, the words " members of
the ;"

Which motion was agreed to.

Mr. Clarke, of Johnson, moved to strike out the last clause of said
section, as follows : and for other services such compensation as. shall
be provided for by the General Assembly ;"

Pending this question moved that the Conven-
tion adjourn until seven o'clock this evening ;

Upon this question, the yeas and nays were demanded, and resulted
as follows:

YEAS.

Messrs. Ayers, Messrs. Marvin,

Day, Patterson,

Emerson, Peters,

Edwards, Price,

Gibson, Robinson,

Gillaspy, ' Skiff,

Hall, Solomon,

Harris, Traer,

Johnston, Warren,
Winchester — 19.

NAYS.

Messrs. Bunker, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Clarke, of Alainakee, Seely,

Ells, Todlmnter,

Gower, Wilson ,

Gray, Young,

Hollingsworth, Springer, [P.] 16.

So the Convention adjourned until seven o'clock this morning.

338

TUESDAY EVENING.

At seven o'clock, P. M., the Convention again met.

Mr. Gibson offered the following :

Resolved, That Messrs. Clark, of Alamakee, and Price be added to
the Committee on Expenditures ;

Mr. Young moved that said resolution be laid on the table ;
Which motion was not agreed to.

Mr. Traer moved that the consideration of said resolution be post-
poned indefinitely ;

Upon this question the yeas and naya were demanded and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Rollings worth,

Bunker, Marvin,

Clarke, of Johnson, Skiff,

Edwards, Traer,

Ells, Wilson,

Gower, Winchester,

Gray, Young,
Springer, [Prest.,] 15.

NAYS.

Messrs. Day, Messrs. Patterson,

Emerson, Peters ,J

Gibson, Robinson,

Gillaspy, Scott,

Hall, ' Seely,

Johnston, Solomon,

Palmer, Warren — 14.

Messrs. Clark, of Alamakee, Price and Parvin, were severally excus-
ed from voting.

The Convention then resumed the consideration of the Report of the
Committee on Education and School Lands ; and,

The question being upon agreeing to the amendment offered by Mr.

330

Clarke, of Johnson, to the Thirteenth Section of the Pirst Article of

Baid Report,

The same was agreed to.

Mr. Gray moved to amend said Section so as to cause it to read as
follows :

SEC. 13. The Board of Education shall receive the same per diem
during the time of their session, and mileage going to and returning
therefrom, as members of the General Assembly ;

Which motion was agreed to.

The Fifteenth Section of said Article being under consideration, as
follows :

SEC. 15. At any time after the year 1865, the General Assembly,
two-thirds of each branch concurring, shall have power to supercede 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.

Mr. Wilson offered the following as a Substitute for said section :

SEC. 15. At any time after the year 1863 the General Assembly
shall have power to abolish or reorganize said Board of Education and
provide for the Educational interest of the State in any other manner
that to them should seem best and proper ;

Which was agreed to.

Mr. Wilson moved to amend the Fourth Section of said Article so as
to read as follows :

SEC. 4. 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 General Assembly may fix the time and place
of meeting.

Which was agreed to.

Mr. Gower moved a reconsideration of the vote by which the amend-
ment offered by Mr. Wilson to the Twelfth Section was disagreed to;
Which was agreed to.

Said amendment, proposing to insert the werd " common" before
the word i 'schools," was then agreed to.

Mr. Scott moved to reconsider the vote by which the amendment of-
ferred by Mr. Clarke, of Henry, to the Tenth Section, was disagreed to.

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

340

YEAS.
Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Ells,

Gray,

Harris,

NAYS.

Messrs. Ayers,

Clark, of Alamakee,

Day,

Edwards,

Emerson,

Gibson,

Gillaspy,

Gower,

Hall,

Messrs. Parvin,
Scott,
Seely,
Solomon,
Young,
Springer(P.)12.

Messrs. Hollingsworth,
Marvin,
Patterson,
Peters,
Kobinson,
Skiff,
Traer,
Warren,
Winchester — 18.

Mr. Hall moved that said Article, as amended, be ordered to have a
third reading, and be referred to the Committee on Revision, Engross-
ment and Enrollment ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers,

Clark, of Alamakee,

Day,

Edwards,

Ells,

Emerson,

Gibson,

Gillaspy,

Gower,

Hall,

Harris,

, Springer, (Prest.,)-— 23.

NAYS.

Messrs. Bunker, Messrs. Gray,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Traer,

Young-— 7.

Messrs. Hollingsworth,
Marvin,
Patterson,
Peters,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Warren,
Winchester,

341

The Second Article of said Report of the Committee on Education
and School Lands was then taken up on its second reading : and,

The Third Section thereof being under consideration,

Mr. Ells moved to amend the same by adding thereto the following
words : "in which tuition shall be without charge ;"

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows:

YEAS.

Messrs. Clarke, of Henry,

Clark, of Alamakee,

Ells,

Gray,

NAYS.

Messrs. Ayers,-
Bunker,

Clarke, of Johnson,
Day,
Edwards,
Emerson,
Gibson,
Gillaspy,
Gower,
Hall,
Harris,
Johnston,

Young— 25.

Messrs. Hollingsworth,
Seely,
Wilson,
Springer, [P.] 8,

Messrs. Marvin,
Palmer^
Parvin,
Patterson,
Peters,
Robinson,
Scott,
Skiff,
Solomon,
Traer,
Warren,
Winchester,

Mr. Solomon moved to strike out the last clause of the Fifth Section,
and the words "and county," near the middle of the Sixth Section,
and the whole of the Seventh Section, and offered the following to come
in as the Seventh Section :

SEC. 7. For the purpose of erecting charitable institutions and other
public buildings of this State, the Greneral Assembly may provide by
law for borrowing from the School and University Funds for a series of
years, such sum or gams as they may deem necessary for such purposes,
for which they shall annually pay to the School Fund interest at the

rate of

per cent, per annum ;

On motion of Mr. Clarke, of Johnson,
The Convention then adjourned.

342

WEDNESDAY MORNING, MARCH 4, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Todhunter, from the Special Committee relative to the publica-
tion of the Debates and their distribution, made the following

REPORT.

Resolved, That W. Blair Lord be employed to index and superin-
tend the publication of the Debates of this Convention, and that he be
allowed the sum of two hundred dollars for said services.

Resolved, That of the 1500 copies already ordered, if the same
shall exceed 1200 pages, they shall be bound in two separate volumes.

And, when the Debates shall have been published, they shall be dis-
tributed as follows :

80 copies to the State Historical Society ;

2 copies to each State and organized Territory ;

2 copies to each county in the State, one of which shall be kept in
the county offices ;

20 copies to each member of the Convention ;

5 copies to each of the Secretaries, Reporters, Sergeant- at- Arm«
and Chaplain of this Convention ;

1 copy to each State officer and Supreme and District Judge ;

1 copy to each Messenger and other officers of the Convention not
otherwise provided for ;

The remainder of the one thousand five hundred copies shall be
placed in the possession of the State and be disposed of as may be
designated by law.

Resolved, That S. C. Trobridge be employed to distribute the
Debates of this Convention, as provided for in the foregoing resolution ;

343

and, that he be paid for such distribution the sum of Five Hundred
Dollars, and to be distributed as soon as ready.

S. G. WINCHESTER,
LEWIS TODHUJSTER,
J. C. HALL.

Said report, having been read, the same was then adopted.

Mr. Clarke, of Johnson, from the Special Committee relative to
printing and distributing the Journal, &c., made the following

REPORT.

The Special Committee to which was referred certain resolutions rela-
tive to printing and distributing the Journal of this Convention, have
had the subject under consideration, and beg leave to report the follow-
ing resolutions, for the action of the Convention:

1. Resolved, That John Mahin be, and he is, hereby employed to print
one thousand copies of the Journal of this Convention, with the Con-
stitution attached, and ten thousand copies of the Constitution, sepa-
rately ; and that he be paid as a compensation therefor, the prices now
paid by law to the State Printer, for similar kind of work ; Provided,
That in printing the said work, the State shall only be charged for
single composition.

2. Resolved, That John Bittman, of Dubuque county, be employed
to translate the Constitution into the German language, and print

copies of the same ; and that for translating the

same, he be paid the sum of fifty dollars, and for printing, the prices
now paid by law to the State Printer for the same kind of work.

3. Resolved, That each member of this Convention be entitled to
twenty-five copies of the. Journal of this Convention for distribution ;
and that the remainder of said Journals be placed in tne State Depart-
ment, for the use of the State.

4. Resolved, That the ten thousand copies of the Constitution, (the
printing of which is provided for in the foregoing resolution,) be divi-
vided among the counties according to population, and that the same
be sent to the County Judge of each county, for distribution among
the people.

5. Resolved, That the German Constitution be divided among the
counties, as follows :

'* * ******

6. Resolved, That T. J. Saunders, the Secretary of this Conven-
tion, be employed to index, superintend the printing of, and distribute,

344

the Journals and Constitutions herein provided for ; and that he be
allowed the sum of Three Hundred and Fifty Dollars, as a compensa-
tion in full for said services.

W. PENN CLARKE,

Chairman.

Mr. Hall, from the same committee, made the following Minority

REPORT.

The undersigned, minority of the Committee Upon Printing and Dis-
tributing the Journal and Constitution, begs leave to report :

That there are a large number of foreigners, immigrants from Hol-
land, within this State, many of whom are naturalized citizens of the
the United States. These people are industrious and worthy citizens,
generally well educated in their mother language, but in a matter so
important as a Constitution very many of them will not be able to fully
comprehend the true ' meaning if required to study it in the English
language. As a matter of justice to them and to give them an oppor-
tunity of fully understanding this important subject, the undersigned
recommends that. Resolved, That Henry P. Scholte, of Pella, Marion
county, be employed to translate and print one thousand copies of the
Constitution in the Holland language, and that he be required to distrib-
ute the same to the Hollanders in this State, and that he receive the
usual compensation for his services and postage.

J. C. HALL.

Said reports having been read, and that from the majority of the
committee being under consideration,

Mr. Edwards moved to strike out all in the first resolution, offered
by the committee, relative to printing the Journal of the Convention ;

Upon this question the yeas and nays were demanded and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Clark, of Alamakee, Messrs. Patterson,

Day, Peters,

Edwards, Price,

Gillaspy, Robinson,

Gray, Skiff,

Hall, Solomon,

Hollingsworth, Traer,

Johnston, Warren,

Palmer, Wilson— 18.

345

NAYS.

Messrs. Avers, Messrs. Harris,

Bunker, Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Ells, Seely,

Emerson, Todhunter,

Gibson, Winchester,

Gower, Young,
Springer, (Prest.,) — 17.

Mr. Skiff moved to strike out the proviso in the first section ;
Which motion was not agreed to.

Mr. Scott moved to fill the blank in the second resolution with the
words ufive thousand ;"

Which motion was not agreed to.

Mr. Gower moved to fill said blank with the words "three thousand;"
Which motion was agreed to.

Mr. Skiff moved to reconsider the vote by which that part of the first
resolution relative to printing the Journal of the Convention was lost ;
Which motion was agreed to.

The Previous question having been demanded,

Upon the question,

Shall the main question now be put ?

The same was decided in the affirmative, a majority of the members
present voting therefor.

The question now being upon the motion to strike out all of the first
resolution relative to printing the Journal,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Clark, of Alamakee, Messrs. Johnston,

Day, Palmer,

Edwards, Patterson,

Gillaspy, Robinson,

Hall, Solomon,

Hollingsworth, Wilson — 12,
22*

846

NAYS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Parvin,

Clarke, of Henry, Peters,

Giarke, of Johnson, Scott,

Ells, Seely,

Emerson, Skiff,

Gibson, Todhunter,

Gower, Warren,

Gray, Winchester,

Harris, Young,
Springer, (Prest.,)— 21.

The fifth resolution offered by said committee being under conside-
ration, the same was modified, and the blank therein filled, so as to read
as follows :

5. Resolved, That the German Constitution be divided among the
counties, under the direction of the members of this Convention in their
respective districts, as follows :

Mr. Ayers

receiving 10 copies ;

Bunker

Clarke, of Henry,

Clarke, of Johnson,

225

Clarke, of Alamakee,

150

Cotton

Day

Edwards

Ells

350

Emerson

375

Gibson

Gillaspy.

Gower

Gray
Hall & >
Robinson $

do
do

150

do
do

Harris

Hollingsworth

Johnson & >
Patterson, $

.375

Marvin

Palmer

Pai'vin

Peters

Price

34T

Mr. Scott receiving 800 copies ;

Seely do 40 do

Skiff do 40 do

Solomon do 80 do

Todhunter do 20 do

Traer do 40 do

Warren do 40 do

Wilson do 50 do

Winchester do 40 do

Young do 10 do

Springer (Prest.,) do 40 do

Mr. Gower moved to amend said Report by adding the following :
Resolved, That there be but one person employed to distribute our

Reports, Journals, and American and German Constitution, and that

the publishers deliver to the person employed.
Which was disagreed to.

Mr. Hall moved to amend said report by adding thereto the fol-
lowing :

Resolved^ That Henry P. Scholte, of Pella, Marion county, be em-
ployed to translate and print one thousand copies of the Constitution in
the Holland language, and jtliat he be required to distribute the same to
the Hollanders in this State, and that he receive the usual compensation
for his services and postage ;

Which was agreed to.

The Report t^f the Special Committee, as amended, was then adopted.

Mr. Clarlr>/\)f Alamakee, offered the following :

Resolved^ That the Committee on Expenditures be instructed to re-
port the mileage of members of this Convention on the same principle
and saA construction that was allowed Senators in the last General
Assembly ;

Mr. Hall moved that said' resolution be laid on the table ;

Upon this question the yeas and nays were demanded, and it waa
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Gillaspy, Patterson, ,

Hall, Robinson,

Harris, Solomon,

Hollingswortn, Springer, (P.) 12.

348

NAYS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Emerson,

Gibson,

Gower,

Gray,

Marvin,

Messrs. Parvin,
Peters,
Price,

Scott,

Seely,

Todhunter, n

Traer,

Warren,

Wilson,

Winchester,

Young— 22.
The Previous Question having been demanded,
Upon the question,
Shall the main question now be put ?

It was decided in the affirmative, a majority of the members present
voting therefor.

Upon the question of agreeing to the resolution of Mr. Clarke, of
Henry,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers,

Messrs. B' .*,

Clarke, of Henry,

P/ " ,

Clark, of Alamakee,

Scu ;

Emerson,

Seely,

Gibson,

Solomon — 10.

NAYS.

Messrs. Bunker,

Messrs. Johnston,

Clarke, of Johnson,

Palmer,

Day,

Parvin,

Edwards,

Patterson,

Ells,

Robinson,

Gillaspy,

Todhunter,

Gower,

Traer,

Gray,

Warren,

Hall,

Wilson,

Harris,

Winchester,

Hollingsworth,

Young,

Springer, (Prest.,) 23.

349

Mr. Young moved that the Convention do now adjourn ;

Upon this question the yeas and nays were demanded, and it was de*
cided in the negative, as follows :

YEAS.
Messrs. Bunker,

Clarke, of Johnson,
Edwards,
Gower,
Rollings worth,

NAYS.

Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Ells,

Emerson,

Gibson,

Gillaspy,

Gray,

Half,

Harris,

Johnston,

Messrs. Parvin,

Todhunter,
Wilson,
Young,
Springer, (P.) 10.

Messrs. Marvin,
Palmer,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Solomon,
Traer,
Warren,
Winchester— 24.

Mr. Edwards offered the following :

Resolved, That each member hand in to the Secretary a statement
in writing, of the mileage he is entitled to, with the route of travel
he claims upon, and that such statement shall be taken as the true
mileage of members ;

Upon the question of adopting this resolution, the yeas and nays
were demanded, and it was decided in the affirmative, as follows :

YEAS.
Messrs. Ayers,

Clarke, of Henry,

Clark, of Alamakee,

Day,

Edwards,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Johnston,

Messrs. Marvin,
Palmer,
Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Solomon,
Warren,
Winchester-

-22.

350

NAYS.
Messrs. Bunker, Messrs. Parvin,

Clarke, of Johnson, . Todhunter,

Ells, Traer,

Gower, Wilson,

Gray, Young,

Rollings worth, Spring er , ( P . ) 1 2 .

On motion of Mr. Traer,

The Convention then adjourned.

WEDNESDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Clarke, of Johnson, asked and obtained leave to be excused
from serving on the Committee on Expenditures, and Mr. Bunker was
appointed in his stead.

Mr. Clark, of Alamakee, offered the following :

Resolved, That the per diem allowed members of this Convention
shall not be so construed as to allow members pay per day for the time
any member may have been absent from the Convention ;

Mr. Warren moved that the same be laid on the table ;

Upon this question the yeas and nays were demanded, and it Wfti
decided in the affirmative, as follows :

YEAS.

Messrs. Ells, Messrs. Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Seely,

Gower, Todhunter,

Hall, Traer,

Johnston, Warren,

Palmer, Winchester,

Patterson, Springer, (P. ,) 18.

351

NAYS.

Messrs. Ayers, Messrs. Gray,

Bunker j Harris,

Clarke, of Henry, Hollingsworth,

Clarke, of Johnson, Marvin,

Clark, of Alamakee, Parvin,

Day, Todhunter,

Edwards, Young — 14.

Mr. Clark, of Alamakee, offered the following :

Whereas, By the resolutions of this Convention each member
thereof has been supplied with a copy of Clark's Iowa Reports, the
Code of Iowa, 'Cushing's Manual, the Constitution of the several States
of this Union, and the Map of Iowa, for the purpose of affording to
said members the information necessary to qualify said members to
discharge their duties to the best advantage in forming a Constitution
of this State ;

And whereas, Said object will have been attained at the final
adjournment of this Convention, and that said books can be of no
further use to said members after said adjournment ; therefore,

Resolved, That each member of said Convention is hereby required
to return to the Secretary of State at said adjournment the above books
and take his receipt for the same ;

Mr. Todhunter moved that the same be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Day, Patterson,

Edwards, Peters,

Ells, Price,

Emerson, Robinson,

Gibson, Scott,

Gower, Seely,

Hall, Skiff,

Harris, Solomon,

Hollingsworth, Todhunter,

Johnston, Traer,

Marvin, Warren,
Springer, (Treat. ,} 25.

352

NAYS.

Messrs. Bunker, Messrs. Gillaspy,
Clarke, of Henry, Gray,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Winchester,

Young — 9.

Mr. Todhunter offered the following :

Resolved, That this Convention rescind the resolution that it passed
several days since to adjourn on the fourth day of March, 1857, with-
out delay;"

Mr. Hall moved that said resolution be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Patterson,

Day, Peters,

Emerson, Price,

Gibson, Robinson,

Gillaspy, Solomon,

Hall, ' Traer,

Harris, Warren,

Johnston, Winchester,

Palmer, Springer, (P. ) 18.

NAYS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Marvin,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Scott,

Edwards, Seely,

Ells, Skiff,

Gower, Todhunter,

Gray, Wilson,
Young— -17.

The Convention then resumed the consideratian of the Report of the
Committee on Education and School Lands ; and,

The question being upon agreeing to the amendment to the Second
Article offered by Mr. Solomon, last evening,
Mr. Gillaspy moved that the same be laid upon the table ;
Which motion was agreed to.

353

On motion of Mr. Hall,

The Second Article of said Report was then ordered to have a third
reading, and was referred to the Committee on Revision, Engrossment
and Enrollment.

Mr. Hall offered the following :

Resolved, That at the same election that this Constitution is voted
for and against by the electors of this State that the following section,
to be added to the Article "School Funds and School Lands," be voted
upon as a separate question, to-wit: "That the School and University
Funds that exist in choses in action or that have been loaned out by
the officers of this State, shall, whenthe same be comes due, be collect-
ed and paid into the Treasury of State, and the General Assembly
shall provide for the permanent investment of said Funds in United
States or selected interest-paying State securities bearing not less than
six per cent, interest, and that no more of said Funl be loaned to
individuals." The electors voting upon said section shall have written
or printed on their ballots, "Consolidation of the School Funds — Yes !"
or "Consolidation of the School Funds — No!" And if a majority of
all the votes given shall be for "Consolidation of the School Funds —
Yes," then the section aforesaid shall be a part of the Constitution of
this State ; and if a majority of the votes given shall be "Consolida-
tion of the School Funds — No, " then said section shall not become a
part of the Constitution ;

Said proposition having been read a first time, the same was ordered
to have a second reading.

The Report of the Committee on Schedule was then taken up, and
The Third Section thereof being under consideration, as follows :
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, cer-
tiorari, and injunctions, shall be carried on in the several courts, in the
same manner as now provided by law ;

Mr. Hall moved to amend the same by adding thereto as follows :
"And all offences, misdemeanors and crimes that may have been
committed before the taking effect of this Constitution, shall be subject
to judgment, trial and punishment in the same manner as they would
have been had not this Constitution been made ; "
Which motion was agreed to.

The Sixth Section of: said Report being under consideration, provid-
ing for the first election of Governor, Lieutenant Governor and mem-
bers of the General Assembly,
23

354

Mr. Skiff moved to amend the same by inserting the "Judges of the
Supreme Court ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs.

Johnston,

Day,

Palmer,

Emerson,

Patterson,

Gibson,

Peters,

Gillaspy,

Price,

Hall,

Robinson,

Harris,

Skiff,

Solomon — 15.

NAYS.

Messrs. Bunker, Messrs.

Parvin,

Clarke, of Henry,

Scott,

Clarke, of Johnson,

Seely,

Clark, of Alarnakee,

Todhunter,

Edwards,

Traer,

Gower,

Wilson,

Gray,

Winchester,

Hollingsworth,
Marvin,

Young,
Springer (P.,) 18.

The same section being under consideration,

Mr. Palmer moved to strike out the last clause thereof, relating to
the first election of members of the General Assembly ;

Upon this question the yeas and nays were demanded, and it was
decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,

Harris, Solomon — 14.

NAYS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Seely,

355

Messrs. Clarke, of Johnson, Messrs. Skiff,

Clark, of Alamakee, Todhunter,

Edwards, Traer,

Gower, Warren,

Gray, Wilson,

Hollingsworth, Winchester,

Marvin, Young,

Parvin, Springer (P.,) 20.

The Seventh Section of said Report being under consideration, as
follows :

SEC. 7. The first election for Secretary, Auditor, and Treasurer of
State, Attorney General, District Judges, District Attorneys, Members
of Congress and such State officers as shall be elected at the April elec-
tion, 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. Skiff moved to amend the same by inserting between the words
"Judges" and "District" the words < 'Members of the Board of Ed-
ucation ;"

Which motion was agreed to.

Mr. Harris moved to amend the same Section by adding thereto as
follows :

Provided, That the time for which any District Judge, or other
State or county officer elected at the April election, 1858, shall not ex-
tend bevond the time fixed for filling like offices at the October election,
1858 ; *

Which was agreed to.

Mr. Hall offered the following Substitute for the Sixth, Seventh and
Eighth Sections of said Report :

SEC. 6. The first election under this Constitution, shall be the second
Tuesday in October, 1858 ; at which election the electors of the State
shall elect the Governor, Lieutenant Governor, Secretary, Auditor and
Treasurer of State, Members of Congress, the Judges of the Supreme
Court and District Courts, Attorney General, District Attorneys, mem-
bers of the Senate and House of Representatives, and members of the
Board of Education. The Senators elected shall be classified as re-
quired under the present Constitution.

SEC, 7. All offices under the present Constitution and those who may
be elected prior to the elections in October, 1858, shall hold their offices
until their successors are elected and qualified irnder this Constitution.

356

SBC. 8. All elections authorized under this Constitution now in force
shall be held under the present Constitution until the second Tuesday
in October, 1858 ;

Upon the question of agreeing to said Substitute, the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Day, Palmer,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Hall, Robinson,

Harris, Solomon — 14.

NAYS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Hollingsworth, Winchester,

Marvin, Young,
Springer, (Prest.,) 21.

The Twelfth Section of said Report being under consideration, as
follows :

SEC. 12. On the taking effect of this Constitution, all officers
thereby continued in office, shall, before proceeding to the further dis-
charge of their duties, take an oath or affirmation to support this Con-
stitution;

Mr. Hall moved that the same be stricken out of said Report ;
Which motion was agreed to.

The Thirteenth Section of said Report being under consideration, aa
follows :

SEC. 13. The General Assembly, at the first session under this Con-
stitution, shall district the State into eleven Judicial Districts, for Dis-
trict Court purposes ; and shall also provide for the apportionment of
the members of the House of Representatives, in accordance with the
provisions of this Constitution;

357

Mr. Winchester moved to amend the same by striking out the words
"House of Representatives" and inserting " General Assembly ;"
Which motion was agreed to.

The Fourteenth Section of said Report being under consideration,,
providing for the mode of submitting the Constitution to the people,

Mr. Winchester moved to strike out the word "New," in the form of
ballot to be used, and insert the word "Revised ;"

Which motion was not agreed to.

Mr. Johnston offered the following as an additional section to said
Report :

SEC. — . 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, arid they shall be organized under said law, provided a major-
ity of the votes given on the question of division at said election shall
be in favor of said proposed division ;

Upon the question of agreeing to the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, , Messrs. Johnston,

Bunker, Palmer,

Clarke, of Johnson, Parvin,

Clark, of Alamakee, Patterson,

Day, Peters,

Edwards, Price,

Emerson, Scott,

Gibson, Seely,

Gillaspy, Skiff,

Gower, Solomon,

Grav, Todhunter,

Hall, Traer,

Harris, Warren,

Hollingsworth, Winchester,
Young— 29.

NAYS.

Messrs. Clarke, of Henry, Messrs. Marvin,

Ells, Wilson,

Springer, [Prest.,] 5.

358

Mr. Solomon offered the following as an additional section to said
Report :

SEC. — . Until otherwise directed by law, the county of Mills shall
be in and a part of the Sixth Judicial District of this State ;
Which was agreed to.

Mr. Skiff moved that said Report, as amended, be ordered to a third
reading, and be referred to the Committee on Revision, Engrossment
and Enrollment ;

Which motion was agreed to.

Mr. Hall moved that the rule be suspended requiring the reading or.
a proposition three different times upon as many different days, in order
to take up the resolution offered by him respecting the "Consolidation
of the School Fund ;"

Which motion was agreed to.

Said proposition was then read a second time, and upon the question
of agreeing to the same, and ordering it to a third reading,

The yeas and nays were demanded, and it was decided in the nega-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,

Clarke, of Johnson, Patterson,

Ells, Peters,

Emerson, Robinson,

Gower, Skiff,

Hall, Traer,
Warren— IB.

NAYS.

Messrs. Bunker, Messrs. Palmer,

Clarke, of Henry, Parvin,

Clark, of Alamakee, Price,

Edwards, Seely,

Gibson, Solomon,

Gillaspy, Todhunter,

Gray, Wilson,

Harris, Winchester,

Hollingsworth, Young,

Marvin, Springer, (P.,) 20.

Mr. Clarke, of Johnson, presented the following

359
REPORT.

The committee appointed to superintend the printing of the Debates,
beg leave to report the following resolution : •

Resolved, That A. P. Luse & Co. , be instructed to put up and mail
to each member of this Convention, ten copies of the daily slips of the
Debates ; and that the postage for the same, be paid by them, and
charged to the State.

W. PENN CLARKE,

Chairman.

Said report having been read, the same was received, and, on motion,
the resolution offered by the Committee was adopted.

The President laid before the Convention the following

REPORT.

To the President of the Convention :

Agreeably to the resolution passed

this morning, the Secretary would report to the Convention, that state-
ments in writing respecting mileage, have been handed in to his desk,
as follows :

Mr. Ayers, 260 miles.

Bunker, 84

Clarke, of Henry, 120
Clarke, of Johnson,

Clark, of Alamakee, 600

Cotton, 200

Day, 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, 72

360

Mr. Patterson, 320 miles;

Peters, 720

Price, 1000 ,

Robinson, 400

Scott, 720

Seely, 860

Skiff, 180

Solomon, 600

Todhunter, 820

Traer, 100

Warren, 640

Wilson, 110

Winchester, 240

Young, 200

Springer, (Prest.,) 66

Respectfully submitted ,

TH. J. SAUSDERS, Secretary.

Said report having been read, the same was received, and, on
motion, it was referred to the Committee on Expenditures.

Mr. Clark, of Alamakee, moved to reconsider the vote by which the
Report of the Special Committee relative to the publication of the
Debates and their distribution, was adopted this morning ;

Which motion was agreed to.

Mr. Clark, of Alamakee, then moved that the name "S. C. Trobridge"
be stricken out of the third resolution offered by the Committee, and
"the Secretary of State" be inserted in lieu thereof ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Clarke, of Henry, Marvin,

Clark, of Alamakee, Patterson,

Day, Peters,

Ells, Price,

Gibson, Seely,

Gillaspy, ^ Skiff,

Hall, Solomon,

Harris, Warren,

.Johnston, Young — 18.

NAYS.

Messrs. Ay era, Messrs. Rollings worth,

Bunker, Palmer,

361

Messrs. Clarke, of Johnson, Messrs. Robinson,
Emerson, Todhunter,

Gower, Traer,

Gray, Winchester — 12.

Mr. Marvin moved to strike out the words " five hundred," in said
resolution ;

Which motion was agreed to.

Mr. Clarke, of Henry, moved that the blank in said resolution bo
filled with the words u four hundred ;"
Which motion was agreed to.

Said Report, as amended, was then adopted.

Mr. Clarke, of Henry, moved to reconsider the vote by which the
report of the special committee relative to printing and distributing the
Journal, &c., was adopted ;

Which motion was agreed to.

Mr. Clarke, of Henry, then moved to amend the sixth resolution of
said Report, by striking out " three hundred and fifty dollars," as the
compensation of the Secretary for certain services, and inserting "five
hundred dollars ;"

Which motion was agreed to.

Said Report, as amended, was then adopted.

Mr. Todhunter moved to take from the table the resolution offered by
him relative to rescinding the resolution of adjournment ;
Which motion was not agreed to.

Mr. Clarke, of Henry, from the Committee on Revision, Engross-
ment, and Enrollment, reported back to the Convention that portion of
the Constitution referred to them relative to Preamble and Bill of
Eights ;

Which, having been read a third time,

Upon the question of adopting the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Johnston,
Bunker, Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Price,

Clark, of Alamakee, Scott,

23*

362

Messrs. Edwards, Messrs. Seely,

Ells, Skiff,

Gibson, Todhunter,

Gower, Traer,

Gray, Wilson,

Hall, Winchester,

Harris, Young,

Hollingsworth, Springer, [P] 26.

NAYS.

Messrs. Emerson, Messrs. Patterson,

Gillaspy, Peters,

Palmer, Solomon, — 6.

The same committee reported back to the Convention that portion
of the Constitution referred to them relative to right of Suffrage ;

Which, having been read a third time,

Upon the question of adopting the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS. '

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Price,

Edwards, Scott,

Ells, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Wilson,

Harris, Winchester,

Hollings worth, Young,

Johnston, Springer, [P] 80.

NAYS.

Mr. Emerson, Mr. Peters, — 2.

The same committee reported back to the Convention that portion of
the Constitution referred to them relative to Distribution of Powers
and Legislative Department ;

Which, having been read a third time,

363

Mr. Clarke, of Johnson, offered the following :

Resolved, That the article on the Legislative Department be re-
committed to the Standing Committee on that subject, with instructions
to so modify the 35th section as to require the apportionment for mem-
bers of the House of Representatives to be made upon the basis of
population, instead as provided in that section ; and also to so modify
the 23d section, as to cause the enumeration provided for in that sec-
tion to be made in the years 1859, 1863, 1865, 1867, 1869, and 1875 ;

Mr. Traer moved that said resolution be laid upon the table ;

Upon this question the yeas and nays were demanded, and it was de-
cided in the affirmative, as follows :

YEAS.
Messr

Ayers, Messrs.

Palmer,

Clark, of Alamakee,

Patterson,

Day,

Peters,

Emerson,

Price,

Gibson,

Robinson,

Gillaspy,

Scott,

Gray,

Seely,

Hall,

Skiff,

Harris,

Solomon,

Hollings worth,

Todhunter,

Johnston,

Traer,

Winchester— 23.

NAYS.

Messrs. Bunker, Messrs. Marvin,
Clarke, of Henry, Parvin,

Clarke, of Johnson, Warren,

Edwards, Wilson,

Ells, Young,

Gower, Springer, (P.) 12.

Mr. Winchester offered the following :

Resolved, That Willis Conard be employed to forward to the mem-
bers of this Convention all mail matter which may arrive at this office,
and that he be allowed the sum of thirty dollars for said service, and
that the postage be charged to the State ;

Which resolution was adopted.

On motion of Mr. Skiff,

The Convention then adjourned until seven o'clock this evening.

364

WEDNESDAY EVENING.
At seven o'clock, P. M., the Convention again met.

Mr. Todkunter moved to take from the table the resolution rescind-
ing the resolution for final adjournment ;

Upon this question the yeas and nays were demanded, and it was
decided in the affirmative, as follows :

YEAS.

Messrs. Bunker, Messrs. Marvin,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Scott,

Clark, of Alamakee, Todhunter,

Edwards, Traer,

Ells, Warren,

Gower, Wilson,

Hollingsworth, Young,
Springer, (Prest.,) — 17.

NAYS.

Messrs. Ayers, Messrs. Harris,

Day, Johnston,

Emerson, Palmer,

Gibson, Patterson,

Gillaspy, Peters,

Hall, Price— 12.
Said resolution having been read, the same was then agreed to.

The Convention then resumed the consideration of the Report of the
Committee on Revision, &c. , relative to the Distribution of Powers and
Legislative Department :

Mr. Wilson offered the following to come in at the end of the Six-
teenth Section of the Article on Legislative Department :

"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
him in the office of the Secretary of State within thirty days after the
adjournment, with his approval, if approved by him, and with his ob-
jections, if he disapproves thereof ;"

Which, by general consent, was agreed to.

365

Mr. Clarke, of Johnson, offered the following :

Resolved, That the Article on the Legislative Department be recom-
mitted to the Standing Committee on that subject, with instructions to
consider the expediency of striking out the seventh line and all the
eighth line before the word "provided," in the thirty- fifth section;

Upon the question of agreeing to this resolution the yeas and nays
were demanded, and it was decided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Peters,

Clarke, of Henry, Scott,

Clarke, of Johnson, Skiff,

Emerson, Warren,

Gower, Wilson,

Marvin, Young,
Springer, (Prest.)13.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Palmer,

Day, Parvin,

Edwards, Patterson,

Gibson, Price,

Gillaspy, Robinson,

Gray, Seely,

Hall, Todhunter,

Harris, Traer,

Hollingsworth, Winchester — 20.

Mr. Clarke, of Henry, moved to recommit said Article with instruc-
tions to strike out ^ one-half" in the Thirty-fifth Section and insert
"three- fourths ;"

Mr. Gillaspy moved a call of the House, whereupon the following
gentlemen answered to their names :

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Emerson, Seely,

366

Messrs. Gibson, Messrs. Skiff,

Gillaspy, Todhunter,

Gower, Traer,

Gray, Warren,

Hall Wilson,

Hams, Winchester,

Hollingsworth, Young,

Johnston, Springer, (P. ) 34.

Mr. Harris moved that further proceedings under the call be dispens-
ed with ;
Which motion was agreed to.

Upon the question of agreeing to Mr. Clarke, of Henry's motion
to recommit, the yeas and nays were demanded and it was decided in
the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Skiff,

Clarke, of Johnson, Warren,

Ells, Wilson,

Gower, Young,

Marvin, Springer, (P.) J2

NAYS.

Messrs. Ayers, Messrs. Johnston,

Clark, of Alamakee, Palmer,

Day, Parvin,

Edwards, Patterson,

Emerson, Peters,

Gibson, Price,

Gillaspy, Robinson,

Grav, Seelv,

Hall, Todhunter,

Harris, Traer,

Hollingsworth , Winchester-— 22 .

Mr. Clarke, of Henry, moved to recommit said Article with instruc-
tions to strike out "one-half" arid insert "two-thirds ;"

Upon this question the yeas and nays were demanded and it was de-
cided in the negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Hollingsworth,

Clarke, of Henry, Scott,

367

Messrs, Clarke, of Johnson, Messrs. Skiff,

Ells, Warren,

Gower, Wilson,

Gray, Young,
Springer, (Prest.) 13,

NAYS.

Messrs. Ayers,

Clark, of Alamakee,

Day,

Edwards,

Emerson,

Gibson,,

Gillaspy,

Hall,

Harris,

Johnston,

Messrs. Palmer,
Parvin,
Patterson,,
Peters,
Price,
Robinson,
geely,
Todhunter,
Traer,
Winchester— 20.

The question now being upon agreeing to the Report of the Commit-
tee on Revision, &c., relative to Distribution of Powers and Legislative
Department, as amended,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers,

Clark, of Alamakee,

Day,

Edwards,

Ells,

Emerson,

Gibson,

Gillaspy,

Gray,

Hall,

Harris,

Hollings worth,

Johnston,

Palmer,

Parvin,

NAYS.

Messrs. Bunker,

Clarke, of Johnson,

Messrs. Patterson,
Peters,
Price,
Robinson,
Scott,
Seely,
Skiff,
Solomon,
Todhunter,
Traer,
Warren,
Wilson,
Winchester,
s • Young,

Springer, [P.] 30.

Messrs. Clarke, of Henry,
Gower — 4.

368

Mr. Clarke, of Henry, from the same committee, reported back to
the Convention the proposed Article referred to them, relative to ths
location of the Seat of Government and State University, with the
recommendation that it be incorporated in the Constitution as Section
Eighth of Miscellaneous Matter ;

Which, having been read a third time,

Upon the question of adopting the same, the yeas and nays were
demanded and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Palmer,

Clarke, of Henry, Patterson,

Clarke, of Johnson, Price,

Day, Robinson,

Edwards, Scott,

Gibson, Seely,

Gillaspy, Skiff,

Hall, Solomon,

Harris, Todhunter,

Hollingsworth, Warren,

Johnston, Springer, (P. ) 22.

NAYS.

Messrs. Bunker, Messrs. Parvin,
Clark, of Alamakee, Peters,

Emerson, Traer,

Gower, Wilson,

Gray, Winchester,

Marvin , Young , — 12.

The same Committee reported back to the Convention that portion
of the Constitution referred to them relative to Executive Department ;

Which, having been read a third time,

Upon the question of adopting the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,
Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Day, Price,

369

Messrs. Edwards, Messrs. Robinson,

Ells, Scott,

Emerson, Seely,

Gibson, Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.) — 35.

NAYS.
[None.]

The same Committee reported back to the Convention that portion ©f
the Constitution referred to them, relative to Judicial Department;

Which, having been read a third time,
Upon the question of adopting the same,

The yeas arid nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Gibson, Seely,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Hams, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.,) — 31.

NAYS.

Messrs. Clark, of Alamakee, Messrs. Peters,

Emerson, Skiff— 4.
24

370

The same Committee reported back to the Convention that portion of
the Constitution referred to them, relative to Militia ;

Which, having been read a third time,
Upon the question of adopting the same,
It was agreed to, unanimously.

The same Committee reported back to the Convention that portion of
the Constitution referred to them, relative to State Debts ;

Which, having been read a third time,
Upon the question of adopting the same,

The yeas and nays were demanded, and it was decided in the affirma-
tive, as follows :

YEAS,

Messrs. Ayers, Messrs. Marvin,

Bunker, Palmer,

Clarke, of Henry, Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Peters,

Day, Price,

Edwards, Robinson,

Ells, Scott,

Emerson, Seely,

Gibson, 'Skiff,

Gillaspy, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Harris, Wilson,

Hollingsworth, Winchester,

Johnston, Young,
Springer, (Prest.,) — 35.

NAYS.

Mr. Clarke, of Henry, moved to reconsider the vote by which the pro-
posed Article relative to the location of the Seat of Government and
State University was adopted ;

Which motion was not agreed to.
Mr. Johnston offered the following :

371

Resolved, That the thanks of the Convention are hereby tendered
to the Hon. Francis Springer, for the able arid impartial discharge of
his duties as President of this Convention ;

The President called Mr, Parvin to the Chair ; and,

The question having been put,

The resolution was adopted by acclamation.

Mr. Gray offered the following :

Resolved, That the President of this Convention be authorized and
invited to remove, and retain at his pleasure, the Chair which he has so
ably occupied during his Presidency of this Convention ;

Which resolution was adopted, unanimously.

Mr. Clark, of Alamakee, moved that the Convention do now ad-
journ ;

Which motion was not agreed to.

Mr. Clarke, of Henry, from the Committee on Revision, &c., reported
back to the Convention that portion of the Constitution relative to In-
corporations ;

Which, having been read a third time,
Upon the question of adopting the same,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs.

Palmer, •

Clarke, of Henry,

Parvin,

Clark, of Alamakee,

Patterson,

Edwards.

Price,

Ells,

Robinson,

Gibson,

Scott,

Gillaspy,

Scely,

Gower,

Skiff,

Gray,

Todhunter,

Hall,

Traer,

Harris,

Warren,

Hollingsworth,

Wilson,

Johnston,

Winchester,

Marvin,

Young,

Springer, (Prest.,)— -29.

372

NAYS.

Messrs. Ayers, Messrs. Emerson;
Clarke, of Johnson, Peters,

Day, Solomon — 6.

On motion of Mr. Skiff,

The Convention then adjourned till nine o'clock, to-morrow morning.

THURSDAY MORNING, MARCH 5, 1857.

At nine o'clock, A. M., the Convention came to order, the President
in the Chair.

Prayer was offered by the Chaplain.

The Journal of yesterday's proceedings was read and approved.

Mr. Skiff offered the following :

Resolved, That a committee be appointed for the purpose of getting
two thousand copies of the new Constitution printed 'for the use of the
members of this Convention, and that said Committee be instructed to
procure* said printing done and ready for distribution by to-morrow
morning at seven o'clock ;

Said resolution having been read, the same was adopted, and the
President appointed Messrs. Skiff and Warren said Committee ;

Mr. Skiff moved that in the Distribution of the Debates, Jas. R.
Hartsock receive one copy ;
Which motion was agreed to.

Mr. Gray offered the following :

Resolved, That the Assistant Secretary of this Convention be allow-
ed one dollar per diem for his services in this Convention, in addition to
the sum heretofore allowed him; making, altogether, six dollars per diem
during his attendance at this session ;

Said resolution having been read, the same was adopted.

373

Mr. Johnston, from the Committee on Expenditures, presented the
following Statement respecting the per diem and mileage of members :

PER DIEM AND MILEAGE.

Mr. Ayers, 47 days, at 3 per day — $141.00

260 miles, at 3 per 20— 39.00 §180.00

Mr. Bunker, 47 days, at 3 per day— $141.00

34 miles, at 3 per 20— 5.10 $140.10

Mr. Clarke, of Henry, 47 days, at 3 per day— $141.00

120 miles, at 3 per 20— 18.00 $159.00

Mr. Clarke, of Johnson, 47 days, at 3 per day — -$141.00

— miles, at 3 per 20— — .- $141.00

Mr. Clark, of Alamakee, 47 days, at 3 per day— $141.00

600 miles, at 3 per 20— 90.00 $231.00

Mr. Cotton, 47 days, at 3 per day— $141.00

200 miles, at 3 per 20— 30.00 $171.00

Mr. Day, 47 days, at 3 per day— $141.00

323 miles, at 3 per 20— 49.00 $190.00

Mr. Edwards, 47 days, at 3 per day— $141.00

280 miles, at 3 per 20— 42.00 $183.00

Mr. Ells, 47 days, at 3 per day— $141.00

110 miles, at 3 per 20— 16.50 $157.50

Mr. Emerson, 47 days, at 3 per day— $141.00

640 miles, at 3 per 20— 96.00 $237.00

Mr. Gibson, 47 days, at 3 per day— $141.00

680 miles, at 3 per 20— 102.00 $243.00

Mr. Gillaspy, 47 days, at 3 per day— $141.00

170 miles, at 3 per 20— 25.50 $166.50

Mr. Gower, 47 days, at 3 per day— $141.00

32 miles, at 3 per 20 — 4.80 $145.80

Mr. Gray, 47 days, at 3 per day— $141.00

66 miles, at 3 per 20— 9.90 $150.90

Mr. Hall, 47 days, at 3 per day— $141.00

400 miles, at 3 per 20— 60.00 $201.00

Mr. Harris, 47 days, at 3 per day— $141.00

260 miles, at 3 per lO— 39.00 $180.00

Mr. Hollingsworth, 47 days, at 3 per day— $141.00

200 miles, at 3 per 20— 30.00 $171.00

374

Mr. Johnston, 47 days, at 3 per day— §141.00

260 miles, at 3 per 20— 39.00 §180.00
Mr. Marvin, 47 days, at 3 per day — $141.00

136 miles, at 3 per 20— 20.40 $161.40
Mr. Palmer, 47 days, at 3 per day— $141.00

200 miles, at 3 per 20— 30.00 $171.00
Mr. Pan-in, 47 days, at 3 per day — $141.00

72 miles, at 3 per ib— 10.80 $151.80
Mr. Patterson, 47 days, at 3 per day — $141.00

320 miles, at 3 per 20— 48.00 $189.00
Mr. Peters, 47 days, at 3 per day— $141.00

720 miles, at 3 per 20— 180.00 $249.00

Mr. Price, 47 days, at 3 per day— $141.00

1000 miles, at 3 per 20— 150.00 $291.00
Mr. Robinson, 47 days, at 3 per day — $141.00

400 miles, at 3 per 20 — 60.00 $201.00
Mr. Scott, 47 days, at 3 per day — $141.00

720 miles, at 3 per 20— 107.00 $249.00
Mr. Seely, 47 days, at 3 per day— $141.00

360 miles, at 3 per 20— 54.00 $195.00
Mr. Skiff, 47 days, at 3 per day— $141.00

180 miles, at 3 per 20— 27.00 $168.00
Mr. Solomon, 47 days, at 3 per day— $141.00

600 miles, at 3 per 20— 90.00 $231.00

Mr. Todhunter, 47 days, at 3 per day — $141.00

320 miles, at 3 per 20— 48.00 $189.00
Mr. Traer, 47 days, at 3 per day— $141.00

100 miles, at 3 per 20— ' 15.00 $156 00
Mr. Wan-en, 47 days, at 3 per day — $141.00

640 miles, at 3 per 20— 96.00 $237.00
Mr. Wilson, 47 days, at 3 per day— $141.00

110 miles, at 3 per 20— ' 16.50 $157.50
Mr. Winchester, 47 days, at 3 per day — $141.00

240 miles, at 3 per 20— 36.00 $177.00
Mr. Young, 47 days, at 3 per day — $141.00

200 miles, at 3 per 20— '30.00 $171.00

Mr. Springer, (Prest.) 47 days, at 3 per day— $141.00
66 miles, at 3 per 20— 9.90
Extra pay at 3 per day— $141.00 $291.90

375

In connection with said statement, the following resolution was sub-
mitted :

Resolved, That for the per diem and mileage of members as set
forth in the annexed statement, a certificate signed by the President
and attested by the Secretary be delivered to the Auditor of State ;

Upon the question of agreeing to said resolution, the yeas and nays
were demanded, and it was decided in the affirmative, as follows :

YEAS.
Messrs. Ayers,

Clark, of Alamakee,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Johnston,

Marvin,

KAYS.
Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Edwards,

Ells,

Gower,

Gray,

Messrs. Palmer,
Parvin,
Patterson,
Peters,
Price,
Scott,
Seely,
Warren,
Springer, (P.) 18.

Messrs. Rollings worth,
Skiff,

Todhunter,
Traer,
Wilson,
Winchester,
Young — 14.

Mr. Clark, of Alamakee, offered the following :
Resolved, That the Convention adjourn sine die at seven o'clock,
A. M., to-morrow ;

Which resolution was adopted.

Mr. Hall offered the following :

Resolved, That one copy of the Journal and Debates of this Con-
vention be presented to each Editor of a newspaper or periodical paper
published in this State, and that the officer distributing said Journal,
&c., be required to deliver the same ;

Upon the question of agreeing to said resolution, the yeas and nays
were demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Clarke, of Henry,
Emerson,

Messrs. Palmer,

Patterson,

3T6

Messrs. Gibson, Messrs. Peters,

Gower, Price,

Hall, Scott,

Harris, Solomon,

Johnston, Traer,

Marvin, Warren,
Springer, (Prest.) — 17.

NAYS.

Messrs. Avers, Messrs. Hollings worth,

Bunker, Parvin,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Todhunter,

Gillaspy, Wilson,

Gray, Young — 14.

Mr. Harris offered the following :

Resolved, That the especial and particular thanks of this Conven-
tion be tendered to Thomas J. Saunders, for the very able and faithful
manner in which he has discharged the duties of Secretary of this Con-
vention, and the kind and gentlemanly manner in which he has de-
meaned himself towards the members of the Convention ;

Said resolution having been read, the same was adopted unan-
imously.

Mr. Clarke, of Henry, from the Committee on Revision, Engross-
ment and Enrollment, reported back to the Convention that portion of
the Constitution referred to them, relative to Education and School
Lands ;

Which, having been read a third time,
Upon the question of adopting the same,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Ayers, Messrs. Marvin,

Edwards, Palmer,

Ells, "Parvm,

Emerson, Patterson,

Gibson, Peters,

Gillaspy, Price,

Gower, Seely,

377

Messrs. Hall,
Harris,

Hollingswortk,
Johnston,

Springer, Prest.,)— 23.

Messrs. Skiff,

Solomon,

Todhunter,

Warren,

Messrs. Traer,
Wilson,
Winchester,

NAYS.
Messrs. Bunker,

Clarke, of Henry,
Clarke, of Johnson,
Gray,

The same Committee reported back to the Convention that portion
of the Constitution referred to them, relative to Amendments to the
Constitution ;

Which, having been read a third time,

Mr. Wilson moved to recommit the same to the Standing Committee
on that subject, for the purpose of amendment ;

Upon this question the yeas and nays were demanded, and it wa§
decided in the affirmative, as follows :

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Ells,

Gower

Gray,

Hollingsworth,

Marvin,

NAYS.

Messrs. Ayers,

Edwards,

Emerson,

Gibson,

Gillaspy,

Hall,

Harris,

Solomon — 15.

Messrs. Scott,
Skiff,

Todhunter,
Traer,
Warren,
Wilson,
Winchester,
Young,
Springer [P.] 18.

Messrs. Johnston,
Palmer,
Parvin,
Patterson,
Peters,
Price,
Secly,

After a short time, Mr. Warren, Chairman of the Committee on
Amendments to the Constitution, reported the same back to the Con-

378

vention, with the following amendment : Insert between the words
"election" and "shall" in the latter part of the Third Section, the
words "for and against such proposition ;"

The question now being upon agreeing to the amendment proposed
by said Committee,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs. Scott,

Clarke, of Henry, Skiff,

Clarke, of Johnson, Solomon,

Clark, of Alain akee, Todhunter,

Ells, Traer,

Gower, Warren,

Gray, Wilson,

Hollingsworth, Winchester,

Marvin, Young,
Springer, (Prest.) 19.

NAYS.

Messrs. Ayers, Messrs. Johnston,

Emerson, Palmer,

Gibson, Parvin,

Gillaspy, Patterson,

Hall, ' Peters,

Harris, Price,
Seely— 13.

Upon the question of adopting the Article, as amended,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Scott,

Clarke, of Johnson, Seely,

Clark, of Alamakee, Skiff,

Edwards, Solomon,

Ells, Todhunter,

Gower, Traer,

Gray, Warren,

Hollingsworth, Wilson,

Marvin, Youug,
Springer, (Prest.,) 21.

379

NAYS.

Messrs. Ayers, Messrs. Johnston,

Emerson, Palmer,

Gibson, Patterson,

Gillaspy, Peters,

Hall, Price,

Harris, Winchester— 12.

same Committee reported back to the Convention that portion
of the Constitution referred to them, relative to Miscellaneous Matter ;

Which, having been read a third time,

Upon the question of adopting the same, the yeas and nays were
demanded, and it was decided in the affirmative, as follows :

YEAS.

Messrs. Ayers, Messrs. Parvin,

Bunker, Patterson,

Clarke, of Henry, Price,

Clarke, of Johnson, Scott,

Edwards, Seely,

Ells, Solomon,

Gower, Todhunter,

Gray, Traer,

Hall, Warren,

Hollingsworth, Wilson,

Johnston, Winchester,

Marvin, Young,

Palmer, Springer, (P.,) 26.

NAYS.

Messrs. Emerson, Messrs. Gillaspy,

Gibson, Harris — 4.

Mr. Clarke, of Johnson, offered the following :

Resolved, That the thanks of this Convention be tendered to W.
Blair Lord, and Charles B. Collar and Henry M. Park hurst, his asso-
ciates, for the accurate and impartial manner in which they have report-
ed the Debates and Proceedings of this Convention ;

Said resolution, having been read, the same was adopted unani-
mously.

Mr. Hall offered the following :

Resolved, That the thanks of this Convention are hereby tendered
to the different officers of this Convention for the faithful, impartial

380

and courteous manner in which they have discharged their several duties
pertaining to their offices ;

Said resolution having been read, the same was adopted -unani-
mously.

Mr. Clarke, of Henry, from the Committee on Revision, &c., re-
ported back to the Convention that portion of the Constitution referred
to them relative to the schedule ;

Which, having been read a third time,

On motion, the same was recommitted to the Standing Committee
on that subject for the purpose of amendment ;

Said committee, after a short time, reported the Article back to the
Convention, with the section relative to the division of the county of
Lee stricken out ;

The Convention having concurred in the amendment made by the
Committee, and,

The question being upon the adoption of the schedule, as amended,

The yeas and nays were demanded, and it was decided in the affirm-
ative, as follows : •

YEAS.

Messrs. Bunker,

Clarke, of Henry,

Clarke, of Johnson,

Clark, of Alamakee,

Edwards,

Ells,

Gower,

Gray,

Hollingswortb,

Marvin,

NAYS.

Messrs. Ay era,

Emerson,

Gibson,.

Gillaspy,

Hall,

Harris,

On motion o£ Mr. Skiff,

The Convention then adjourned.

Messrs. Parvin,

Scott,

Seely,

Skiff,

Todhunter,

Traer,

Warren,

Wilson,

Young,

Springer, (P.,) 20.

Messrs. Johnston,
Palmer,
Patterson,
Deters,
Price,
Solomon — 12.

381

THURSDAY AFTERNOON.

At two o'clock, P. M., the Convention again met.

Mr. Hall, on behalf of himself and several other members, present-
ed the following

PROTEST.

The undersigned, members of this Convention, beg leave to present
the following protest against certain provisions contained in the sched-
ule, as passed by the majority of the Convention:

Under the provisions of the schedule, the question of adopting the
Constitution will be submitted to the people for their approval or rejec-
tion, on the first Monday of August, A. D., J857. If it is adopted ',
it becomes the supreme law of the State. The first election under it
will be on the second Tuesday of October, 1857 : with this we would
be content. But the tenth, seventh and eighth sections of the schedule
come in and completely discredits the first section, by denying to the
Constitution its authoritative character in the important and primary mat-
ter of electing their Representatives and other officers of the State.

The Constitution recognizes and gives to the people the right to
elect their Supreme Judges. The manner of electing those officers
under the present Constitution is condemned as wrong ; yet, although
the Constitution provides for a general election in 1857 and 1858, this
right of the people, so unanimously conceded, is withheld until October,
1859.

The Constitution provides for the mode and manner of apportioning
the State into Representative Districts. This manner is materially and
radically different from the mode provided under the present Constitu-
tion, and would be the supreme law of the land at the October election,
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 Representa-
tive Districts, this schedule interposes and adopts the apportionment
made by the late General Assembly, and again denies to the Constitu-
tion its Supreme character. The apportionment in this manner adopt-
ed is grossly unjust and in violation of the very first principles asserted
in this Constitution. It gives the power to a minority of near twenty
thousand of the people of this State to elect a majority of the Repre-
sentatives of the people. This Convention, then, by their action, sane-

382

tions and adopts the principle that the first Legislature that shall assem-
ble under* this Constitution shall be elected by a minority of the people
of the State.

The undersigned would not complain at a reasonable delay in the
passing from the old Constitution' to the new one, but where it is appa-
rent that the proper time has been enlarged, and just and wise reforms
are delayed and withheld for mere partizan 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
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 Consti-
tution.

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 th.e
highest principles, belongs alone to the majority.

J. C. HALL, D. P. PALMER,

A. HARRIS, H. D. GIBSON,

JOHN H. PETERS, WM. PATTERSON,

S. AYERS.

Which, having been read, was received, and ordered to lie on the
table.

Mr. 'Clarke, of Johnson, moved that the several Articles of the
Constitution be referred to a committee of three for critical examina-
tion ;

Which motion was agreed to, and the President appointed Messrs.
Clarke, of Johnson, Hall and Gray said committee.

Mr. Peters offered the following :

Resolved, That the Secretary of State be allowed the sum of thirty
dollars to pay postage on Green's Reports, to.be sent to members of the
Convention ;

Which resolution was adopted.

Mr. Parvin moved that the members of the Convention dispense with
the daily slips of the Debates and Proceedings ;

Which motion was not agreed to.

383

The President laid before the Convention, the following commu-
nication :

CONVENTION HALL, March 5th, 1857.
HON. FRANCIS SPRINGER : —

Dear Sir : Will you be kind enough to state

to members of the Convention, that as there are some errors in the por-
tion of the Debates already published, and there may be others hereaf-
ter, both before and after I shall commence my revision of them, if
each member will, before the close of its publication, forward to me
such errors as they maybe able to discover, I will incorporate them un-
der the general head of "errata," to come in just before the index.
Respectfully yours,

W. BLAIR LORD,

Which was read and received by the Convention.

On motion of Mr. Peters,

The Convention adjourned till seven o'clock this evening.

THURSDAY EVENING.

At seven o'clock, P. M., the Convention again met.
i

Mr. Johnston, from the Committee on Expenditures, presented a
statement in detail, respecting the number of. newspapers ordered by
the members, and recommending an allowance of $1.25 for the daily
copies and $0,50 for the weekly copies ; and, in connection therewith,
oflered the following resolution :

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,

Said resolution having been read, the same was adopted by the Con-
vention.

Mr. Johnston, from the same committee, presented a statement as
follows :

384
COMPENSATION OF OFFICERS.

Thomas J. Saunders, Secretary, 47 days, at $6 per day, $282.00

E. N. Bates, Ass't Secretary, 47 days, at $6 per day, 282.00
S. C. Trowbridge, S't-at-Arms, 47 days, at $3 per day, 141.00

F. Thompson, Door-Keeper, 47 days, at $3 per day, 141.00
J. H. Merritt, Fireman, 47 days, at $3 per day, 141.00
John Quaintance, Ass't Fireman, 44 days, at $3 per day, 132.00
James Hawkins, Messenger, 47 days, at $2. 50 per day, 117.50
Geo. Clearman, Ass't Messenger, 47 days, at $2.50 per day, 117.50
W. Conard, Second do. 47 days., at $2.50 per day, 117.50
A. J. Kynett, Chaplain, 150.00

Also, the following resolution :

Resolved, That a certificate, signed by the President and attested
by the Secretary, embracing the above statement, be delivered to the
Auditor of State ;

Which, having been read, the same were adopted by the Convention.

Mr. Johnston, from the same committee, presented the following
statement and resolutions :

MISCELLANEOUS EXPENSES.

Thomas J. Saunders, for superintending printing of, and

distributing Journals of Convention, $500.00

Thomas J. Saunders > for enrolling Journal and Constitu-
tion, - - 200.00

Willis Conard, for forwarding letters, after adjournment, 30.00

Mr. Wall, for paste, 4.00

Post Office accounts, - - 534.38

Wm. Gray, for enrolling Constitution, - - 35.00

E. Sells, Secretary of State, for books purchased under

order of Convention, per bill filed, 740.00

E. Sells, Secretary of State, for distribution of Debates,

under resolution of Convention, - 400.00

E. Sells, Secretary of State/for distributing Green's Re-
ports, under resolution of the Convention, - $30.00

385

W. Blair Lord, for superintending printing and indexing

Debates, - 200.00

The Committee on Expenditures report that the foregoing Miscella-
neous Accounts are correct, as directed by order of the Convention, and
they ask for the adoption of the following resolutions :

Resolved^ That the President of the Convention sign, and the Sec-
retary attest, certificates of the correctness of the foregoing accounts,
to the Auditor of State.

Resolved, That John Teesdale, of the Iowa City Republican, be
allowed for the incidental printing of the Convention, the same prices
as are allowed for similar work by law to the State Printer, and that a
bill of the same be presented to the Auditor of State.

Resolved, That John Mahin's account for printing the Journal and
the Constitution, per resolution of this Convention, be audited by the
State Auditor, and that he be allowed for said work the same prices as
are now allowed by law for similar work to the State Printer.

Resolved, That John Bittman's account for translating the Consti-
tution into the German language, and printing the same, as per reso-
lution 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.

Resolved, That Henry P. Scholte's account for translating the Con-
stitution 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 account of A. P. Luse & Co., for printing the
Debates of this Convention, under contract made for such work, [see
page 26 of Debates,] be audited by the State Auditor on the certificate
of W. 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 certifi-
cate of W. Penn Clarke, Chairman of Committee of Printing Debates.

Which, having been read and received,

Mr. Clarke, of Johnson, moved to strike out of the item for books
purchased under order of Convention, the sum of $400, that being the
amount designated, as per bill of Secretary of State, for Vols. 3 and
4 of Green's Reports :

The Previous Question having been called for,

Upon the question, Shall the main question now be put ?
25

886

It was decided in the affirmative, a majority of the members present
voting therefor.

Upon the question of agreeing to the motion of Mr. Clarke, of
Johnson, the yeas and nays were demanded, and it was decided in the
negative, as follows :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Johnson, Patterson,

Clark, of Alamakee, Skiff,

Gillaspy, Traer,

Gower, Wilson,

Gray, Young,

Johnston, Springer, (P. ) 14.

NAYS.

Messrs. Ayers, Messrs. Hollingsworth,

Clarke, of Henry, Marvin,

Edwards, Peters,

Ells, Price,

Emerson, Scott,

Gibson, Seely,

Hall, Solomon,

Harris, Todhunter,
Warren — 17.

The statement and resolutions presented by the Committee on Ex-
penditures were then adopted by the Convention.

Mr. Gray, from the committee thereto appointed, reported back the
Constitution with a number of verbal and grammatical amendments ;

Which were severally agreed to.

The question now being upon adopting the Constitution as a whole,
the yeas and nays were ordered, with the following result :

YEAS.

Messrs. Bunker, Messrs. Parvin,

Clarke, of Henry, Patterson,

Clarke, of Johnson, Price,

Clark, of Alamakee, Scott,

Edwards, Seely,

Ells, Skiff,

Gillaspy, Todhunter,

887

Messrs. Gower, Messrs. Traer,

Gray, Warren,

Hollingsworth, Wilson,

Johnston, Winchester,

Marvin, Young,

Springer, (Prest.,) — 25.

NAYS.

Messrs. Ayers, Messrs. Hall,

Emerson, Harris,

Gibson, Peters,

Solomon — 7.

So the Constitution was adopted, and the same was ordered to be
enrolled, signed by the members of the Convention, and attested by the
Secretaries, and deposited in the office of the Secretary of State.

Mr. Edwards offered the following :

Resolved, That all personal differences which have occurred between
members during the sittings of this Convention be aunk in oblivion and
forgotten from and after this date ;

Which resolution was adopted unanimously.

Mr. Edwards then offered the following :

Resolved, That this Convention do now adjourn sine die ;

Which resolution was adopted.

* Before declaring the result of the vote, the President addressed the
Convention as follows :

GENTLEMEN or 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 ine in the distinguished 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 endeav-
ors to serve you have been received, and it has now culminated in a
formal expression of your satisfaction with the manner 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 readi-

388

ness 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 recollection 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 appreciation of my endeavors to discharge accept-
ably its duties, I receive it, and not because I think it deserved from
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 testi-
mony. 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
her future prosperity and glory.

The holding of such a Convention as this, for the purpose of recon-
structing the fundamental law of the State, must be regarded as an*
epoch in our history. To have been members of this 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 gov-
ernment ; 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 lessen-
ed 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 pur-
pose, 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.

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.

389

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 the 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 stature of gigantic proportions.
And now invigorated by fresh draughts from the fountain of Republic-
anism, 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 HIM whose providential care has been so
signally over us, guiding us, protecting us, directing us, I proceed to
give effect to the last vote you have taken, by declaring this Convention
dissolved.

The Convention then adjourned sine die.

INDEX,

.A.

ABSENCE—

leave of, granted to A. R. Cotton, 89.
ADDRESS—

of President upon taking his seat, 10.

of President upon adjournment of Convention, 387.

ADJOURNMENT—

sine die, resolution respecting, 137, 167, 177, 181, 352,
361,364,375,387.

sine die, 389.
AMENDMENTS TO THE CONSTITUTION—

report of commitiee upon, 41.

minority report of committee upon, 78.

committee of the whole upon, 218, 219.

report of committee of the whole upon, 219, 229.

report of committee on revision, engrossment and enroll-
ment upon, 377.

BALLOT—

for seats in senate chamber, resolution respecting, 82.

BARNE'S CONSTITUTIONS—

resolution authorizing the purchase of, 22.
BASIS OF REPRESENTATION-

resolution relative to, 62, 64.

appointment of special committee upon, 69.

report of special committee upon, 128.
BATES, E. N.-

elected secretary, pro tempore, 3.

elected secretary, permanently, 12.

resolution authorizing additional compensation to, 372.

392

BUNKER, DAVID—

appointed on committee on expenditures, 350.

CENSUS—

resolution furnishing abstract of, 36.
CHAPLAIN—

acceptance of position of, SO.

CITIZENS LIBRARY ASSOCIATION—

resolution of thanks to, 161.

CLARKE, WM. PENN—

excused from serving on committee on expenditures, 350,
CLEARMAN, GEORGE—

elected assistant messenger, pro tempore, 4.

elected assistant messenger, permanently, 14.
CODE OF IOWA, &c.-

resolution furnishing the members with, 16, 22.
COLLAR, CHARLES B —

resolution of thanks to, 379.

COLONIZATION SOCIETY—

resolution granting Hall to, 36.

COMMITTEE—

on credentials, 5.

on invitations of Dubuque and Davenport, 8.

on rules, 17.

on reporter and debates and proceedings, 18.

on standing committees, 22.

on procuring a suitable hall, 27.

to number seats in senate chamber, 82.

on charitable institutions, 92, 102.

to revise printing, &c., appointment of, 109.

on revision, engrossment and enrollment, resolution red*

pecting, 167, 176.

on expenditures, motion respecting, 261.
on expenditures, appointment of , 263.
on expenditures, resolution respecting addition to, 338.
on expenditures, report of, 373, 383.
on resolutions respecting indexing debates, &c., 270.
to procure two thousand copies of the new constitution, 372.
on critical examination of constitution, 382.

COMMITTEE OF THE WHOLE-

on preamble and bill of rights, 95, 103.

on judicial department, 122, 123, 124, 158, 159,

393

COMMITTEE OF THE WHOLE—

on state debts, 127.

on incorporations, 132, 133, 134, 135, 136, 138, 139,

140
on distribution of powers and legislative department, 191 ,

192, i02, 208.

on executive department, 211.
on education and school lands, 218, 236, 255, 256.
on amendments to the constitution, 218, 219, 229.
on right of suffrage, 252, 254, 256, 301, 313, 317.
on miscellaneous matter, 278, 279.
COMMITTEE (SPECIAL)—

on basis of representation, 69.
On right of suffrage, 120.
on preamble and bill of rights, 122.
on incorporations, 158.
on delay in printing, 176, 177.
on permanent investment of school fund, 270.
on resolutions respecting printing of journal, 287.
COMMUNICATION-

Hon. W. W. Hamilton, president of the senate, to the

president of the convention, 5.
Mayor of Dubuque to Hon. W. W. Hamilton, 6.
Hon. H. G. Earner to the president of the convention, T.
S. S. Howe to the president of the convention, 18.
President of the convention to the Rev. A. J. Kynett, 30.
Rev. A. J. Kynett to the president, 30.
C. W. Hobart, Esq., to the president of the convention^

161.

E. Billings Smtth to members of the convention, 297.
J. R. Hartsock to members of the convention, 2 08.
W. Blair Lord to the president of the convention, 383.

CONARD, WILLIS—

resolution to appoint paper folder, 92.

authorized to forward mail matter, 363.
CONSTITUTION—

copies of, for members, 17.

resolution respecting distribution of German copies,

adopted as a whole, 386.
COTTON, AYLETT R.—

leave of absence granted to, 89.
CREDENTIALS—

resolution for committee on, 5.

presentation of J. H. Peters', 23.
25*

394

DAILY REPORTS—

resolution authorizing an additional number of, 109.

DEBATES AND PROCEEDINGS—

report of committee on, 33, 36, 16, 55, 66, 299, 325,
342, 360.

DISTRIBUTION OF POWERS—

report upon, 42, 120.

committee of the whole upon, 191, 192.

report of committee of the whole upon, 192, 202,
208.

report of committee on revision, engrossment and enroll-
ment upon, 362, 364.

DOOR-KEEPER—

nomination and election of, pro tempore, 4.
permanent election of, 13.

3S.

EDUCATION AND SCHOOL LANDS—

report of committee upon, 73, 306,
minority report of committee upon, 76, 309.
committee of the whole upon, 218, 236, 255, 256.
report of committee of the whole ;iipon, 265, 287, 292,

300, 329, 338, 352.

addition to standing committee upon, 301.
substitute for article upon, 330.

report of committee on revision, engrossment and enroll-
ment upon, 376.

ENROLLING CLERK-

resolution authorizing appointment of, 262.

EXECUTIVE DEPARTMENT-

report of committee upon, 70, 120.
committee of the whole upon, 211.
report of committee of the whole upon, 211, 212. ,
report of committee on revision, engrossment and enroll-
rollment upon, 368.

FIREMAN—

nomination and election of, pro tempore, 4.
permanent election of, 14.
(assistant) appointment of, 31.

895

GILLASPIE, GEORGE—

added to committee on education and school lands, 301.

HALL FOR MEETING—

report of committee upon, 31.

HARTSOCK, JAS. R.—

voted a copy of the debates, 372.

HAWKINS, JA.MES-

nominated and elected messenger, pro tempore, 4.
elected messenger, permanently, 14.
resolution respecting, 129.

INCORPORATIONS-

report of committee upon, 92, 118.

committee of the whole upon, 132, 133, 134, 135, 136,
138, 139, 140.

report of committee of the whole upon, 140, 268.

appointment of special committee upon, 158.

report of special committee upon, 238, 265, 270.

report of committee on revision, engrossment and enroll-
ment upon, 371.

INDEBTEDNESS, (RAILROAD)—

resolution respecting, 92.

INQUIRY—

resolution of, offered by Mr. Johnston, 35, 45, 103.

" " Clarke of Johnson, 36, 45, 300.

" " " Traer, 36.

" " " Gibsen, 38.

" " " Wilson, 38, 43.

" " " Parvin, 38, 51, 62.

" " " Todhunter, 39.

" " " Edwards, 43, 51.

" " « Bunker, 43.

«« " " Solomon, 44, 45, 50.

« « " Clarke of Alamakee, 44, 66, 80.

" " " Clarke, of Henry, 44, 47, 53,

79, 300.

" " " Price, 44.

" " " Peters, 48.

u " u Ayers, 49.

396

1KQUIRY—

resolution of , offered by Mr. Gower, 51, 57, 90.

" " " Seely, 65.

" " " Gillaspy, 300.

" " " Winchester, 301.

INVITATION—

of city council of Dubuque, 6.
of city council of Davenport, 7.
appointment of committee upon, 8.
report of committee upon, 19.
subject finally disposed of, 26.
of citizens library association, 223.

JOHNSTON, EDWARD—

added to standing committee on militia, 69.

JOURNAL—

resolution respecting printing, &c., of, 262, 286.
special committee on resolutions respecting printing of,

287.

resolution respecting enrolling of, 313.
report of special committee upon, 343, 361.
minority report of special committee upon, 344.

JUDICIAL DEPARTMENT—

report of committee upon, 97, 105, 124, 224, 227.
minority report of committee upon, 100, 127.
committee of the whole upon, 122, 123, 124, 159, 161,

169,184,190.

resolution of instruction to committee on, 233.
report of committee on revision, engrossment and enroll-

ment upon, 369.

JUDICIAL DISTRICTS-

resolution respecting the number of, &c., 43, 123.
resolution respecting, 312.

KYNETT, REV. ALFRED J.—

acceptance of position of chaplain, 30.

LEE COUNTY—

additional section to schedule, respecting, 357, 380.

397

LEGISLATIVE DEPARTMENT—

report of committee upon, 82, 120.
committee of the whole upon, 191, 192.
report of committee of the whole upon, 192.
resolution of instructions to committee upon, 234.
report of committee on revision, engrossment and enroll-
ment upon, 362, 364.
LORD, W. BLAIR—

appointed reporter to the convention, 18.
resolution of thanks to, 379.

MANUAL, (CUSfflNG'S)—

adopted by the convention, 31.

MEMBERS ELECT-
call of, 4.

MERRITT, J. H.—

elected fireman, pro tempore, 4.

permanent election of, 14.
MESSENGER—

nomination and election of, pro tempore, 4,

permanent election of, 14.
MESSENGER, (ASSISTANT)—

nomination and election of, pro tempore, 4.

permanent election of, 14.

MILEAGE OF MEMBERS—

resolution respecting, 347.

resolution respecting manner of ascertaining, 348%

report of secretary respecting, 359.

report of committee on expenditures upon, 373.
MILITIA—

addition to standing committee upon, 69.

report of committee upon, 226, 232.

report of committee on revision, engrossment and enroll-
ment, 370,
MILLS COUNTY—

fixing it as part of the sixth judicial district, 358.
MISCELLANEOUS MATTER—

report of committee upon, 237.

committee of the whole upon, 278, 279.

report of committee of the whole upon, 279.

report of committee on revision, engrossment and enroll-
ment upon, 379.

398

NEGROES AND MDLATTOES—

article respecting, 320.

NEWSPAPERS—

resolution respecting, 17, 27, 31, 69.

OATH—

resolution relative to members taking, 15.
administered by Judge Lee, 19.

OFFICERS OF CONVENTION-

resolution designating them, 9.
resolution o£ thanks to, 379.
ORGANIZED COUNTIES-

resolution furnishing members of convention with list of, 32.

PARKER'S SECTIONAL MAP—

resolution furnishing members of convention with, 32.

PARKHURST, HENRY M.-

resolution of thanks to, 379.
PARVIN, JOHN A.—

elected President, pro tempore, 3.

leave of absence for, 161.
. PER DIEM—

report of committee of expenditures upon, 373.
PETERS, JOHN H.—

presentation of credentials, 23.

resolution to add to standing committees on preamble and

bill of rights, and schedule, 92«
PETITION—

of George Freelcy and others, 30.

of R. M. Wilson and others, 50.

of Alex. Story and others, 50.

of Jesse Lloyd and others, 78.

of James Harnil and others, 96.

of James Wright and others, 96.

of Chas. Jackson and others, 119.

of John S. Deakin and others, 119.

of Henry C. Blake and others, 138.

of Henry O'Connor and others, 140.

or E, B. Hutchirison and others, 176.

399

PETITION—

of J. W. Rogers and others, 237.

POSTAGE-

resolution respecting payment of, 26.

PRAYER—

convention opened with, 4.

resolution respecting opening convention each morning

with, 2T.
PREAMBLE AND BILL OF RIGHTS—

report of committee upon, 65, 90.

committee of the whole upon, 95, 103.

report of committee of the whole upon, 103, 105, 106,
109, 110, 120.

appointment of special committee upon report, 122.

report of special committee upon, 244, 257.

minority report of special committee upon, 247.

report of committee on revision, engrossment and enroll-
ment upon, 361.
PRESIDENT-

noinination and election of, pro tempore, 3.

permanent election of, 10.

address of, upon taking his seat, 10.

resolution of thanks to, 371.

address of, upon adjournment of convention, 387.

PREVIOUS QUESTION—

when demanded, 68, 69, 179, 186, 187, 222, 258; 260,
266, 270, 275, 277, 292, 296, 317, 327, 328,
332, 345, 348, 385.
PRINTING—

appointment of committee to revise, &c., 109.

PROTEST—

of J. C. Hall and others, 381.

QUAINTANCE, JOHN—

appointed assistant fireman, 31.

REPORT—

of committee on credentials, 8.

of committee on reporter and debates and proceedings, 18.

33, 36, 46, 55, 66.
of committee on invitations of Dubuque and Davenport, 19.

400

REPORT—

of committee on rules, 23, 28.

of committee on standing committees, 25.

of committee on procuring hall, 31.

of committee on right of suffrage, 40, 119.

of committee on amendments to the constitution, 41.

(minority) of committee on amendments to the constitn*
tion, 78.

of committee on distribution of powers and legislative de-
partment, 42, 82, 120.

of committee on state debts, 53, 54.

of committee on preamble and bill of rights, 65, 90.

of committee on executive department, 70, 120.

of committee on education and school lands, 73, 306.

(minority) of committee on education and school lands,
76, 309.

of commitee on incorporations, 92, 118.

of committee on judicial department, 97, 105, 124, 224,
227.

(minority) of committee on judicial department, 100, 127,

of committee of the whole on preamble and bill of rights,
103, 105, 106, 109, 110, 120.

of special committee on basis of representation, 128.

of committee of the whole on state debts, 127, 129.

of committee of the whole on incorporations, 140, 268.

of committee of the whole on judicial department, 159,
161, 169, 184, 190.

of committee of the whole on distribution of powers and
legislative department, 192, 202, 208.

of committee of the whole on executive department, 211,
212.

of committee of the whole on amendments to the constitu-
tion, 219.

of committee on militia, 226, 232.

of committee on miscellaneous matter, 237.

of special committee on incorporations, 238, 265, 270.

of special committee on right of suffrage, 240, 313, 317.

(minority) of special committee on right of suffrage, 240.

of special committee on bill of rights, 244, 257.

(minority) of special committee on bill of rights, 247.

of committee of the whole on education and school lands,
265, 287, 292, 300, 229, 338, 352.

of committee of the whole on miscellaneous matter, 279.

of special committee on the permanent investment of the
school fund, 297, 298.

401

REPORT—

of special committee on indexing debates, &c., 299, 325,

342, 360.
of committee of the whole on right of suffrage, 302, 318,

324.
of special committee respecting the distribution of the

journal, 343, 361.

(minority) of special committee respecting the distribu-
tion of the journal, 344.
of committee on schedule, 322, 353.
of secretary respecting mileage, 359.
of committee on revision, engrossment and enrollment,

(preamble and bill of rights,) 361.

(right of suffrage,) 362.

(distribution of powers and legislative department,)
362, 364.

(seat of government and state university,) 368.

(executive department,) 368.

(judicial department,) 869.

(militia,) 370.

(state debts,) 370.

(incorporations,) 371.

(education and school lands, 376.

(amendments to the constitution,) 377.

(miscellaneous matter,) 379.

(schedule,) 380.

of committee on expenditures, 373, 383.
of committee on critical examination of the constitution,

386.
REPORTER—

resolution respecting, 70.
report of committee on, 18.
furnishing with stationery, &c., 22.
resolution of thanks to, 379.
RESOLUTION—

respecting committee on credentials, 5.

designating officers of the convention, 9.

to proceed to election of officers, 9.

relative to members taking oath, 15.

respecting rules, 16.

furnishing code of Iowa, &c., to members, 16, 22.

respecting the conducting of business, &c., 16.

respecting the apppointment of standing committees, 16,

21.

respecting newspapers for members, 17, 27, 31, 69.
26

402

RESOLUTION—

respecting copies of constitution for members, 17.

respecting reporter, 17.

respecting invitations of Dubuque and Davenport, 19.

admitting reporters of newspapers, 21, 28, 29.

respecting committee on standing committees, 22.

furnishing reporter with stationery, &c., 22.

authorizing the purchase of Barne's constitutions, 22.

respecting payment of postage, 26.

respecting opening sessions with prayer. 27.

authorizing J. Teesdale to print rules, &c., 28.

that names of members, &c., be appended to rules, 28.

relative to amending sec. 16 of art. Ill of constitution, 29.

relative to meeting in supreme court r<>om, 29.

relative to incidental priLiing, 81.

adopting and furnishing Cusbing's manual, 81.

furnishing convention wiih list of organized counties, 32.

furnishing convention with Parker's sectional map, 32.

for use of hall for the colonization society, 36.

furnishing abstract of census, 86.

respecting omission oE portion of debates, 39.

respecting judicial districts, statement of number, &c., 43.

respecting duty of standing committees, 54.

relative to basis of: representation, 62, 64.

respecting daily sessions of convention, 64, 102.

respecting adjournment to senate chamber, 82.

respecting seats in senate chamber, 82.

furnishing supreme court reports, 90.

furnishing account of coumy railroad indebtedness, 92.

respecting a uniform mode of action upon reports of stand-
ing committees, 92.

appointing Willis Conrad paper- folder, 92.

adding John II. Peters to standing committees on pream-
ble and bill of lights, and schedule, 92.

respecting committee on. charitable insiitutions, 92, 102.

relative to smoking in the chamber, 96.

authorizing an additional number of daily reports, 109.

relative to number of judicial districts, 128.

respecting the messenger, 129.

respecting adjournment, sine die, 137, 167, 177, 181,
352, 361, 364, 875, 387.

of thanks to citizens library association, 161.

respecting a standing committee on revision, engrossment
and enrollment, 167, 176.

respecting time, &c., of speaking, 137, 181,

403

RESOLUTION—

respecting evening sessions, 207,

respecting the time of reporting of standing and special

committees, 219.

respecting printing of journal, &c., 262, 286.
authorizing appointment of enrolling clerk, 262.
respecting printing constitution in German, 262, 287.
authorizing enrolled copy of journal and constitution,

263.

respecting compensation of officers, 263.
" " of president, 264.

" " of chaplain, 264.

respecting indexing debates and supplying members and

officers with copies, 264, 270.
respecting special committee on permanent investment of

school fund, 270.
respecting printing constitution in. Holland language, 287,

347.

respecting appropriation of school fund, 301.
" judicial districts, 312.
" enrolling journal, 313.
fc< addition to committee on expenditures, 338.
** distribution of copies of German constitution,

346.

respecting persons to distribute journal, £c., 347.
" mileage of members, 347.
" manner of ascertaining mileage, 349.
" the per diem of members, 350.
" books furnished members, 351.

consolidation of school funds, 353, 358.
" daily slips arid debates, 359.
authorizing Willis Conrad to forward mail matter, 363.
of thanks to the president of the contention, 371.
authorizing president to retain chair, 371.
authorizing printing of two thousand copies of new consti-
tution, 372.
relative to additional compensation to assistant secretary,

372.
authorizing copies of: journal and debates and proceedings

to editors, 375.

of thanks to the secretary, 376.
of thanks to reporters, 379.
of thanks to officers of convention, 379.
authorizing payment of postage on Green's reports, 382.
respecting personal differences, 387.

404

^RESOLUTIONS OF INQUIRY—

[refer to " inquiry."]

RESOLUTIONS OF INSTRUCTION—

to committee on judicial department, 283.
to committee on distribution of powers and legislative de-
partment, 284.
to committee on schedule, 234.

RIGHT OF SUFFRAGE-

report of committee upon, 40, 119.

appointment of special committee upon, 120.

report of special committee upon, 240, 313, 317.

minority report of special committee upon, 240.

committee of the whole upon, 252, 254, 256, 301.

report of committee of the whole upon, 302, 318, 324.

report of committee on revision, engrossment and enroll-
ment upon, 362.
RULES—

resolution respecting, 16, 17.

report of committee upon, 23.

notice of addition to, 32, 38, 42, 52, 64, 87, 88, 90, 102,
X37, 138, 167.

SAUNDERS, THOMAS J.—

nominated and elected secretary, pro tempore, 3.

elected secretary, permanently, 11.

resolution of thanks to, 376.
SCHEDULE—

resolution of instruction to committee upon, 234.

report of committee upon, 322, 353.

report of committee on revision, engrossment and enroll-
ment upon, 380.
SCHOOL FUND—

resolution respecting special committee upon, 270.

appointment of special committee upon, 270.

report of special committee upon, 297, 298.

resolution respecting appropriation of, 301.

resolution respecting consolidation of, 353, 358.

SEAT OF GOVERNMENT—

article respecting, 313, 326, 368, 370.

SECRETARY—

nomination and election of, pro tempore, 3.
permanent election of, 11.

405

SECRETARY—

(assistant) nomination and election of, pro tempore, 3.

permanent election of, 12.
SENATE CHAMBER—

resolution of adjournment to, 82.

committee to number seats in, 82.
SERGEANT - AT - ARMS—

nomination and election of, pro tempore, 3.

permanent election of, 12.
SESSIONS OF CONVENTION—

resolution respecting, 64, 102, 207, 270, 287.
SMOKING-

resolution relative to, 96.
SPRINGER, FRANCIS—

elected president of convention, 10.

resolution of thanks to, 371.

resolution authorizing him to retain chair, 871.

STANDING COMMITTEES—

resolution respecting appointment of, 16, 21.

report of committee on, 25.

appointment of, 26, 191.

incorporated in rules, 28.

resolution respecting, 54.

additions to those on militia and education and school
lands, 69, 301.

resolution respecting a uniform mode of action upon re-
ports of, 92.
STATE DEBTS—

report of committee upon, 53, 54.

committee of the whole upon, 127.

report of committee of the whole upon, 127, 129.

report of committee on revision, engrossment and enroll-
ment upon, 370.
STATE UNIVERSITY—

article respecting, 313, 326, 368, 370.
SUBSTITUTE—

for article on education and school lands, 330.
SUPREME COURT REPORTS-

resolution furnishing, 90.

TEESDALE, JOHN—

authorized to print rules, 28.

406

TEESDALE, JOHN—

authorized to do incidental printing, 31.
THOMPSON, FRANCIS—

nominated and elected door-keeper, pro tempore, 4.

elected door-keeper, permanently, 13.

TODHUNTER, LEWIS—

excused from serving on standing committee on schedule,

226.
added to committee on education and school lands, 301.

TROWBRIDGE, S. C.—

nominated and elected sergeant-at-arms, pro tempore^ 3.
elected sergeant-at-arms, permanently, 12.

VOTE, (FINAL)—

upon preamble and bill of rights, 361.

upon right of suffrage, 362.

upon distribution of powers and legislative department, 367.

upon seat of government and state university, 368.

upon executive department, 368.

upon judicial department, 369.

upon militia, 370.

upon stale debts, 370.

upon incorporations, 371.

upon education and school lands, 376.

upon amendments to the constitution, 378.

upon miscellaneous matter, 379.

upon schedule, 380.

upon constitution as a whole, 386.

WILSON, JAMES F.—

appointed on standing committee on schedule, 227.

YOUNG, REV. MR.—

first session of convention opened with prayer by, 4.

CONSTITUTION.

WE, THE PEOPLE OP 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 estab-
lish 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 the 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, un-
til an extension 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 the 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 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.

ARTICLE I.— BILL OF RIGHTS.

SECTION 1. All men arc, by nature, free and equal, and have
certain inalienable rights, among which are those of enjoying and
defending life and liberty, acquiring, possessing, and protecting pro-
perty, 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 thereof ; nor
shall any person be compelled to attend any place of worship, pay
tithes, taxes, or other rate's, 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 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 party to any judicial
proceeding shall have the right to use as a witness, or take the testi-
mony 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 opera-
tion ; 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 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 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.

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 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. 10. In all criminal prosecutions, and in cases involving the
life or liberty of an individual, the accused shall have a right to a
speedy and public trial by an impartial jury ; to be informed of the
accusation against him ; to have a copy of the same when demanded ;
to be confronted with the witnesses against him ; to have compulsory
process for his witnesses; 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 hundred dollars, or imprisonment for
thirty days, 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 defen-
dant the 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, after acquittal, 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
rebellion or invasion, 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 army 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 th$ owner, nor in time of war 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 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 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 aL.y 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 military 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. 25. This enumeration of rights shall not be construed to
impair or deny others, retained by the people.

ARTICLE II.— RIGHT 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 this State
six months next preceding the election, and of 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 a*ll cases except treason, felony, or
breach of the peace, be privileged from arrest on the days of elec-
tion, during their attendance at such elections, going to and return-
ing therefrom.

SEC. 3. No elector shall be obliged to perform military duty on
the day of election, except in time o£ 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 sta-
tion within this State.

SEC. 5. No idiot or insane person, or person convicted of any infa-
mous crime, shall be entitled to the privilege of an elector.

SEC. 6. All elections by the people shall be by ballot.

ARTICLE III.— 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 peraon 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 herein-
after 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."

SEC. 2. The sessions of the General Assembly shall be biennial,
and shall commence on the second Monday in January next ensuing
the election of its members ; unless the Governor of the State shall,
in the meantime, 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 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 November ; 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 Represen-
tatives who shall not have attained the age of twenty-one years, be»a
free white male citizen of the United States, and shall have been an
inhabitant of this State one year next preceding his election, and at
the time of his election shall have had an actual residence of sixty
days in the county or district he may have been 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 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 ohe 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 officers, and judge of the
qualification, election, and return of its own members. A contested
election shall be determined in such manner as shalf be directed by
law.

SEC. 8. A majority of each House shall constitute a quorum to
transact 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.

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, 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. 10. 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. 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 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 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. 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.

SEC. 16. Every bill which shall have passed the General Assem-
bly, 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 originated, which shall enter the
same upon their 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, 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 law in like manner as if
he had signed, it, unless the General Assembly, by adjournment,
prevent such return. 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 him in the office of the Secretary of
State within thirty days after the adjournment, with his approval if

• 9

approved by him, and with his objections if he disapproves thereof.

SEC. x 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 passage shall be 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 Assembly.

SEC. 19. The House of Representatives shall have the sole power
of impeachment, and all impeachments shall be tried by the Senate.
When sitting for that purpose, the Senators shall be upon oath or
affirmation ; and no person shall be convicted without the concurrence
of two-thirds of the members present.

SEC. 20. The Governor, Judges of the Supreme and District
Courts, and other State officers, shall be liable to impeachment for any
misdemeanor or malfeasance in office ; but judgment in such cases
shall extend only to removal from office, and disqualification to hold
any office of honor, trust, or profit under this State ; but the party
convicted or acquitted shall nevertheless be liable to indictment, trial,
and punishment according to law. All other civil officers shall be
tried for misdemeanors and malfeasance in office, in such manner as
the General Assembly may provide.

SEC. 21. No Senator or Representative shall, during the time for
which he shall have been elected, be appointed to any civil office of
profit under this State, which shall have been created, or the emolu-
ments of which shall have been increased during such term, except
such offices as may be filled by elections by the people.

SEC. 22. No person holding any lucrative office under the United
States, or this State, or any other power, shall be eligible to hold a
seat in the General Assembly : But offices in the militia, to which
there is attached no annual salary, or the office of justice of the peace,
or postmaster, whose compensation does not exceed one hundred dol-
lars per annum, or notary public, shall not be deemed lucrative.

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 Assem-
bly, 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 shall be drawn from the treasury but in con-
sequence 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 sum 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 com-

pensation as shall be fixed by law ; but no General Assembly shall
have the 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. 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.

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 shall embrace but one subject, and matters
properly connected therewith ; which subject shall be expressed in
the title. But if 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. 30. The General Assembly shall not pass local or special
laws in the following cases :

For the assessment and collection of 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 throughout the State ; and no law changing the
boundary lines of any county shall have effect until upon being sub-
mitted 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 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 pre-existing laws, and no public money or property shall be appro-
priated for local, or private purposes, unless such appropriation, com-
pensation, or claim, be allowed by two-thirds of the members elected
to each branch of the General Assembly.

SBC. 32. Members 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 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 admin-
ister to each other the said oath or affirmation.

SEC. -33. The General Assembly shall, in the years one thou-
sand eight hundred and fifty-nine, one thousand eight hundred and
sixty-three, one thousand eight hundred and sixty-five, one thousand
eight hundred and sixty-seven, one thousand eight hundred and
sixty-nine, and onethousan deight hundred and seventy-five, and every
ten years thereafter, cause an enumeration to be made of all the
white inhabitants of the State.

SEC, 34. The number of Senators shall, at the next session fol-
lowing each period of making such enumeration, and the next session
following each United States census, be fixed by law, and apportioned
among the several counties according to the number of white inhabit-
ants 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 representa-
tive districts of the State according to the number of white inhabit-
ants in each, upon ratios to be fixed by law ; but no representative
district shall contain more 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 Represen-
tative ; and any one county 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 also form into representative districts those
counties which will not be entitled singly to a Representative.

SEC. 37. 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. 38. In all elections by the General Assembly, the members
thereof shall vote viva-voce ; and the votes shall be entered on the
journal.

12
ARTICLE IV.— EXECUTIVE DEPARTMENT.

SECTION 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 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 as the Governor. In
voting for Governor and Lieutenant 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 Lieuten-
ant 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.

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 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 the State 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-in-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 from the officers of the Executive Department upon any
subject relating to the duties of their respective offices.

SEC. 9. He shall take care that the laws are faithfully executed.

SEC. 10. 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 at the end of the next
session of the General Assembly, or at the next election by the
people.

SEC. 11. He may, on extraordinary occasions, convene the Gen-
eral Assembly by proclamation, and shall state to both houses, when
assembled, the purpose for which they shall have been convened.

SEC. 12. He shall communicate, by message, to the General As-
sembly, at every regular session, the condition of the State, and
recommend such matters as he shall deem expedient.

SEC. 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 think
proper ; but no such adjournment shall be beyond the time fixed for
the regular meeting of the next General Assembly.

SEC. 14. No person shall, while holding any office under the au-
thority of the United States, or this State, execute the office of
Governor, or Lieutenant Governor, except as hereinafter expressly
provided.

SEC. 15. The official term of the Governor, and Lieutenant Gov-
ernor, shall commence on the second Monday of January next after
their election, and continue for two years, and until their successors
are elected and qualified. The Lieutenant Governor, while acting as
Governor, shall receive the same pay as provided for Governor ; and
while presiding in the Senate, shall receive as compensation therefor,
the same mileage and double the per-diem pay provided for a Senator,
and none other.

SEC. 16. The Governor shall have power to grant reprieves, com-
mutations and pardons, after conviction, for all offences 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 re-
ported to the General Assembly at its next meeting, when the Gen-
eral 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 Assem-
bly, at its next meeting, each case of reprieve, commutation, or par-
don 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, impeachment, resignation, re-
moval 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 ac-
quitted, 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-
capable 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 perform-
ing the duties pertaining to the office of Governor, the same shall
devolve upon the Speaker of the 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 the State, signed by the Governor, and countersigned
by the Secretary of State.

SEC. 22. 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 quali-
fied; and perform such duties as may be required by law.

ARTICLE V.— JUDICIAL DEPARTMENT.

SECTION 1. The judicial power shall be vested in a Supreme Court,
District Court, and such 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 a quorum to hold Court.

SEC. 3. The Judges of the Supreme Court shall be elected by the
qualified electors of the State, an^l shall hold their Court at such time
and place as the General Assembly may prescribe. 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. After the expi-
ration 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 Supreme Court shall have appellate jurisdiction only
in 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 con-
trol 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 have been elected and
qualified ; and shall be ineligible to any other office, except that of
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 equity,
which shall be distinct and separate jurisdictions, and have jurisdic-
tion 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 author-
ity 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, until the year eighteen hun-
dred and sixty ; 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 theys hall 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 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
or diminution of the number of 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 elec-
tion 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 a District Attorney

who shall be a resident of the District for which he is elected, and who
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 VI.— MILITIA.

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.

SEC. 2. No person or persons conscientiously scrupulous of bear-
ing arms shall be compelled to do military 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 ex-
cepted) shall be elected by the persons liable to perform military duty,
and shall be commissioned by the Governor.

ARTICLE VII.— STATE DEBTS.

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 corpo-
ration ; 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 contingent, whether
contracted by virtue 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 thousand dollars ; and the money arising from the creation
of such debts, shall be applied to the purpose for which it was ob-
tained, or to repay the debts so contracted, and to no other purpose
whatever.

SEC. 3. All losses to the permanent, School, or University fund of
this State, which shall have been occasioned by the defalcation, mis-
management, or fraud of the agents or officers controlling and manag-
ing 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

of liability so created shall not be counted as a part of the indebted-
ness 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 herein before specified 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 ob-
ject, 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 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 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 crea-
ted thereby ; and such law shall be published in at least one newspa-
per 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 pur-
suance thereof, repeal the same ; and may at any time forbid the con-
tracting of any further debt, or liability, under such law ; but the tax
imposed by such law, in proportion to the debt or liability, which may
have been contracted in pursuance thereof, shall remain in force and
be irrepealable, and be annually collected, until the principaland in-
terest 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.

ARTICLE VIIL— CORPORATIONS.

SECTION 1. No corporation shall be created by special laws; but
the General Assembly 'shall provide, by general laws, for the organi-
zation of all corporations hereafter to be created, except as herein-
after provided.

SEC. 2. The property of all corporations for pecuniary profit,
shall be subject to taxation, the same as that of individuals.

SEC. 3. The State shall not become a stockholder in any corpora-

tion, nor shall it assume or pay the debt or liability of any corpora-
tion, unless incurred in time of war for the benefit of the State.

SEC. 4. No political or municipal corporation shall become a
stockholder in any banking corporation, directly or indirectly.

SEC. 5. No act of the General Assembly, authorizing or creating
corporations or associations with banking powers, nor amendments
thereto, shall 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 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 on an
actual specie basis, and the branches shall be mutually responsible
for each other's liabilities upon all notes, bills and other issues
intended for circulation as money.

SEC. 8. If a general Banking law shall be enacted, it shall pro-
vide 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 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 ; and in case of a depreciation of
any portion of such 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 institu-
tion 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 wjiile 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 institu-
tions 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 or-
ganization or creation of corporations, or granting of special or ex-
clusive privileges or immunities, by a vote of two-thirds of each

branch of the General Assembly ; and no exclusive privileges, ex-
cept as in this article provided, shall ever be granted.

ARTICLE IX— EDUCATION AND SCHOOL LANDS.

First — EDUCATION.

SECTION 1. The educational interest of the State, including
Common Schools and other educational institutions, shall be under
the management of a Board of Education, 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 each judicial district in the State.

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 shall
have been one year a citizen of the State.

SEC. 3. One member of said Board shall be chosen by the qual-
ified 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.

SEC. 4. 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 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
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 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
made, published, and distributed, they shall have the force and effect
of law.

SEC. 8. The Board of Education shall have full power and au-
thority to legislate and make all needful rules and regulations in re-
lation to Common Schools, and other educational institutions, 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 re-enacted 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. Their contingent expenses shall be pro-
vided for by the General Assembly.

SEC. 11. The State University shall be established 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 provide for the educa-
tion 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, as safore-
said may be deprived of their portion of the school fund.

SEC. 13. 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 Gen-
eral Assembly.

SEC. 14. A majority of the Board shall constitute a quorum for
the transaction of business ; but no rule, regulation, or law, for the
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 educa-
tional interest of the State in any other manner that to them shall
seem best and proper.

Second — 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
monies 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 agricul-
tural 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 may have been or 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
and forty-one, and all estates of deceased persons who may have
died without leaving a will or heir, and also such per cent, as has
been or may hereafter 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 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 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 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 pro-
tection, 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 the 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 re-
main, 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.
And it shall be the duty of the General Assembly as soon as may be,
to provide effectual means for the improvement and permanent se-
curity 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.

ARTICLE X.— AMENDMENTS TO THE CONSTITUTION.

SECTION 1. Any amendment or amendments to this Constitution
may be proposed in either House 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
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 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 and ratify such amendment or
amendments by a majority of the electors qualified to vote for mem-
bers of the General Assembly, voting thereon, such amendment or
amendments shall become a part of the Constitution of this State.

SBC. 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 or against each of such amendments separately.

SEC. 3. At the general election to be held in the year one thou-
sand eight hundred and seventy, and in each tenth year thereafter,
and also at such times as the General Assemby may, by law, provide,
the question, " Shall there be a Convention to revise the Constitu-
tion, and amend the same?" shall be decided by the electors quali-
fied 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 pro-
vide by law for the election of delegates to such Convention.

ARTICLE XI.— MISCELLANEOUS.

SECTION 1. The jurisdiction of Justices of the Peace shall ex-
tend to all civil cases, (except cases in chancery, and cases where the
question of title to real estate may arise,) where the amount in con-
troversy 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 area; except, the coun-
ty of Worth, and the counties west of it along the northern boundary
of this State, 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 pur-
pose, 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 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 occur-
ring before the expiration of a full term, the person so elected shall
hold for the residue of the unexpired term ; and all persons appoint-
ed to fill vacancies in office, shall hold until the next general elec-
tion, 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 estab-
lished, as now fixed by law, at the City of Desmoines, in the county
of Polk; and the State University at Iowa City, in the county of
Johnson,.

ARTICLE XII.— SCHEDULE.

SECTION 1. This Constitution 'shall be the supreme law of the
State, and any law inconsistent therewith, shall be void. The Gen-
eral Assembly shall pass all laws necessary to carry this Constitu-
tion 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 re-
pealed.

SEC. 3. All indictments, prosecutions, suits, pleas, plaints, pro-
cess, and other proceeding pendings in any of the courts, shall be
prosecuted to final judgment and execution; and all appeals, 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 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. 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 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 Representa-
tives, who shall be elected in accordance with the act of apportion-
ment, enacted at the session of the General Assembly which com-
menced on the first Monday of December one thousand eight hun-
dred 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 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 Tues-
day of October, one thousand eight hundred and fifty-eight : Provided,
that the time for which any District Judge or other State or county
officer elected at the April election in the year one thousand eight
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 fifty-seven, shall be held
on the second Tuesday of October, in the year one thousand eight
hundred and fifty-nine.

SEC. 9. The first regular session of the General Assembly shall
be held in the year one thousand eight hundred and fifty-eight com-
mencing 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 oflice until
the second Tuesday of October, in the year one thousand eight hun-
dred 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 oflice by Executive appoint-
ment, which office is continued by this Constitution, and every person
who shall be so selected 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 Constitution, 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
Constitution shall district the State into eleven Judicial Districts, for
District Court purposes ; and shall also provide for the apportion-
ment of the members of the General Assembly in accordance with
the provisions of this Constitution.

SEC. 13. This 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
against the 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 for-
warded 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.

SEC. 14. 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
at said election to be deposited in a separate box. And those given
for the adoption of such proposition shall have the words " Shallthe
word ' white ' be stricken out of the article on the i Eight of Suf-

frage?' 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 the num-
ber 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 Mills
shall be in and a part of the Sixth Judicial District of this State.

Done in Convention at Iowa City, this fifth day of March, in the

year of our Lord one thousand eight hundred and fifty-seven,

and of the Independence of the United States of America, the
eighty-first.

In testimony whereof, we have hereunto subscribed our names :

TIMOTHY DAY, M. W. ROBINSON,

S. G. WINCHESTER, LEWIS TODHUNTER,

DAVID BUNKER, JOHN EDWARDS,

D. P. PALMER, J. 0. TRAER,

GEO. W. ELLS, JAMES F. WILSON,

J. C. HALL, AMOS HARRIS,

JOHN H PETERS, JNO. T. CLARK,

WTM. H. WARREN, S. AYERS,

H. W. GRAY, HARVEY J. SKIFF,

ROBT. GOWER, J. A. PARVIN,

H. D. GIBSON, W. PENN. CLARK,

THOMAS SEELY, JEREMIAH HOLLINGSWORTH,

A. H. MARVIN, WM. PATTERSON,

J. H. EMERSON, D. W. PRICE,

R. L. B. CLARKE, ALPHEUS SCOTT,

JAMES A. YOUNG, GEORGE GILLASPY,

D. H. SOLOMON, EDWARD JOHNSTONE,

FRANCIS SPRINGER, President.
ATTEST :

TH. J. SAUNDEBS, Secretary.

E. N. BATES, Assistant Secretary.

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Journal of the Constitutional convention of the state of Iowa, in session at Iowa City, from the nineteenth day of January, A.D., one thousand eight hundred and fifty-seven, to the fifth day of March of the same year inclusive"

See other formats