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. 
 

 
 KV V 
 
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* 
 
10 
 
 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 
 
11 
 
 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, 
 
12 
 
 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: 
 
13 
 
 
 
 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) 
 
14 
 
 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: 
 
15 
 
 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. 
 
16 
 
 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. 
 
17 
 
 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 
 
18 
 
 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. 
 
19 
 
 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. 
 
20 
 
 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. 
 
21 
 
 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 ; 
 
22 
 
 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. 
 
23 
 
 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. 
 
24 
 
 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 
 
25 
 
 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* 
 
26 
 
 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. 
 
27 
 
 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. 
 
28 
 
 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. 
 
29 
 
 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 . 
 
30 
 
 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 ; 
 
31 
 
 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 : 
 
32 
 
 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 
 
34 
 
 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 
 
35 
 
 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. 
 
36 
 
 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 u tAventy-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 : 
 
37 
 
 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. 
 
38 
 
 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 : 
 
39 
 
 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. 
 
40 
 
 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. 
 
41 
 
 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. 
 
42 
 
 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. 
 
43 
 
 
 
 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 : 
 
44 
 
 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. 
 
45 
 
 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, 
 
47 
 
 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, 
 
48 
 
 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 
 
49 
 
 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 
 
50 
 
 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. 
 
51 
 
 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 law r s 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 ; 
 
52 
 
 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: 
 
53 
 
 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. 
 
54 
 
 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 
 
55 
 
 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, 
 
56 
 
 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* 
 
58 
 
 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 
 
59 
 
 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- 
 
60 
 
 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. 
 
61 
 
 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 
 
62 
 
 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 : 
 
63 
 
 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 w r ere 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, 
 
64 
 
 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. 
 
65 
 
 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 
 
 5 
 
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. 
 
67 
 
 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 : 
 
68 
 
 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, 
 
70 
 
 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. 
 
71 
 
 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- 
 
72 
 
 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 
 
73 
 
 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* 
 
74 
 
 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. 
 
75 
 
 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 as a may 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. 
 
76 
 
 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 
 
77 
 
 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- 
 
78 
 
 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 : 
 
79 
 
 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 ; 
 
80 
 
 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. 
 
81 
 
 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 
 
82 
 
 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 : 
 
83 
 
 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 
 
84 
 
 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. 
 
85 
 
 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 
 
86 
 
 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 
 
87 
 
 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. 
 
88 
 
 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. 
 
89 
 
 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. 
 
 6* 
 
90 
 
 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 ;" 
 
91 
 
 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. 
 
92 
 
 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 
 
93 
 
 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* 
 
94 
 
 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- 
 
95 
 
 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 ; 
 
96 
 
 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 ; 
 
97 
 
 \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. 
 
99 
 
 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 : 
 
 7* 
 
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 w T here 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 and T have 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, 
 
 9 
 
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. 
 
 o 
 
 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 : 
 
 10 
 
 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 
 
 i 
 
 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- 
 
 13 
 
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. 
 
 X 
 
 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, 
 
 14 
 
 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 u The State of Iowa," and 
 all prosecutions shall be conducted in the name and by the authority of 
 the same. 
 
 SEC. 9. The salary of each Judge of the Supreme Court, shall be 
 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, 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 ^! / 1 be so amended as to have one 
 thousand copies printed in the Holland iJ n g ua S e > 
 
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 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 ome 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, 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, 
 
 Palmer s 
 
 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, See p ly, 
 
 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 u and 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. . 
 
 i 
 
 
 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. 
 
 20 
 
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. 
 
 21 
 
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. 
 
 SEC. 6. The first election under this Constitution shall beheld 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 Gov- 
 ernor and Lieutenant- Governor. There shall also be elected at such 
 
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. 
 
 t 
 
 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. 
 
 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 ; 
 
 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. 
 
 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 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 : 
 
 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. 
 
 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. 
 
 22 
 
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 u five 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 
 
 do 
 
 50 
 
 do 
 
 Clarke, of Henry, 
 
 do 
 
 75 
 
 do 
 
 Clarke, of Johnson, 
 
 do 
 
 225 
 
 do 
 
 Clarke, of Alamakee, 
 
 do 
 
 150 
 
 do 
 
 Cotton 
 
 do 
 
 25 
 
 do 
 
 Day 
 
 do 
 
 10 
 
 do 
 
 Edwards 
 
 do 
 
 30 
 
 do 
 
 Ells 
 
 do 
 
 350 
 
 do 
 
 Emerson 
 
 do 
 
 375 
 
 do 
 
 Gibson 
 
 do 
 
 90 
 
 do 
 
 Gillaspy. 
 
 do 
 
 50 
 
 do 
 
 Gower 
 
 do 
 
 40 
 
 do 
 
 Gray 
 Hall & > 
 Robinson $ 
 
 do 
 do 
 
 40 
 
 150 
 
 do 
 do 
 
 Harris 
 
 do 
 
 20 
 
 do 
 
 Hollingsworth 
 
 do 
 
 40 
 
 do 
 
 Johnson & > 
 Patterson, $ 
 
 do 
 
 .375 
 
 do 
 
 Marvin 
 
 do 
 
 25 
 
 do 
 
 Palmer 
 
 do 
 
 40 
 
 do 
 
 Pai'vin 
 
 do 
 
 75 
 
 do 
 
 Peters 
 
 do 
 
 15 
 
 do 
 
 Price 
 
 do 
 
 90 
 
 do 
 

 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. Clarl r >/\)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. 
 
 f 
 
 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. 
 
 B. 
 
 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. 
 
 c. 
 
 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 
 
 D. 
 
 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. 
 
 F. 
 
 FIREMAN 
 
 nomination and election of, pro tempore, 4. 
 permanent election of, 14. 
 (assistant) appointment of, 31. 
 
895 
 
 a. 
 
 GILLASPIE, GEORGE 
 
 added to committee on education and school lands, 301. 
 
 H. 
 
 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. 
 
 I. 
 
 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. 
 
 J. 
 
 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. 
 
 K. 
 
 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. 
 
 M. 
 
 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. 
 
 o, 
 
 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. 
 
 Q. 
 
 QUAINTANCE, JOHN 
 
 appointed assistant fireman, 31. 
 
 R. 
 
 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. 
 
 S. 
 
 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. 
 
 T. 
 
 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. 
 
 w. 
 
 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, bea 
 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 
 
8 
 
 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- 
 
10 
 
 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 
 
11 
 
 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. 
 
18 
 
 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 
 
14 
 
 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 
 
15 
 
 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 
 
16 
 
 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 
 
17 
 
 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- 
 
18 
 
 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 
 
19 
 
 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 
 
20 
 
 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 
 
22 
 
 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 
 
23 
 
 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 
 
24 
 
 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. 
 
25 
 
 * 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- 
 
26 
 
 ? 
 
 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, 
 
 W T M. 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. 
 

 
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