Thursday] CLARKE, of J.-CLARKE, of H.-CLARK-WILSON-GILLASPY-HALL, &c. [March 5th the extent that we have used it here. I do not think it is a good phrase for a constitution. The word "except" covers the whole ground, and leaves the provision in better shape. The Secretary stated that the word "but" was substituted for the words "provided, however, that," in the copy of the article which he read. Mr. CLARKE, of Johnson. I prefer the word "except" to the word "but," and the word "provided" to either. If I cannot get that word inserted here, I will agree to the amendment suggested by the gentleman from Jefferson [Mr. Wilson.] The amendment was accordingly made. The PRESIDENT. The Chair would call the attention of the convention to the fourth section, which reads: "The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly," and inquire if the word "Congress" there necessarily implies the government of the United States? Mr. CLARKE, of Henry. I would suggest to insert after the word " Congress," the words, "of the United States." Mr. CLARK, of Alamakee. I think it would be fetching an argument a great ways for a court to undertake to apply the language used here to anything but the Congress of the United States. Mr. WILSON. That is the language used in the constitution of the United States in connection with the subject of changing the bounda ries of old States, or creating new States within the territory of others. The section in the constitution of the United States upon that subject reads as follows: "New States may be admitted by the Congress into this Union; but no new State shall be formed or created within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress." nays, upon the passage of the article, it was agreed to; yeas 26, nays 4, as follows: Yeas-The President, Messrs. Ayres, Bunker, Clarke of Henry, Clarke of Johnson, Edwards, Ells, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Palmer, Parvin Patterson, Price, Scott, Seely, Solomon, Todhunter, Traer, Warren, Wilson, Winchester and Young. Nays-Messrs. Emerson, Gibson, Gillaspy and Harris. Thanks to the Reporters of the Convention. Mr. CLARKE, of Johnson, offered the following resolution : "Resolved, That the thanks of this convention be tendered to W. Blair Lord, and Charles B. Collar and Henry M. Parkhurst, his associates, for the accurate and impartial manner in which they have reported the debates and proceedings of this convention." The resolution was adopted by acclamation. Thanks to the Officers. Mr. HALL offered the following resolution: "Resolved, That the thanks of this convention are hereby tendered to the different officers of this convention, for the faithful, impartial and courteous manner in which they have discharged the duties pertaining to their respective offices." The resolution was adopted. Mr. WINCHESTER. I would ask leave of absence of this convention, for the remainder of the session. My reason for making this request is, that if I do not start to-day at noon, I cannot start for home this week by any public conveyance. No objection was made, and leave was accordingly granted. Schedule. Mr. CLARKE, of Henry, from the committee on revision, reported back to the convention the The PRESIDENT. The language here used, article on the Schedule, which was read the third then, is sufficiently guarded. Mr. CLARKE, of Johnson. Would it not be well to attach the article locating the seat of government and State University to this as an additional section, instead of having it a separate article? Mr. GILLASPY. I think as it has already been passed as a separate article, it would be better to let it remain as it is. No other amendments being offered time as follows: Article 12.-Schedule. Section 1. This Constitution shall be the supreme law of the State, and any law inconsistent therewith shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect. Sec. 2. All laws now in force and not incon The question was upon the passage of the sistent with this constitution, shall remain in article. Upon this question The yeas and nays were called and ordered. The question being then taken, by yeas and force until they shall expire or be repealed. Sec. 3. All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, 39th Day] Thursday] SCHEDULE. writs of error, certiorari, and injunctions shall be carried on in the several courts, in the same manner as now provided by law, and all offenses, misdemeanors and crimes that may have been committed before the taking effect of this constitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been had not this constitution been made. Sec. 4. All fines, penalties or forfeitures due, or to become due, or accruing to the State, or to any county therein, or to the school fund, shall inure to the State, county, or school fund, in the manner prescribed by law. Sec. 5. All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned. The first election under this constiSec. 6. tution shall be held on the second Tuesday in October, in the year one thousand eight bundred and fifty-seven, at which time the electors of the State shall elect the Governor and LieutenThere shall also be elected at ant Governor. such election, the successors of such State Senators as were elected at the August election, in the year one thousand eight hundred and fiftyfour, and members of the House of Representatives, who shall be elected in accordance with the act of apportionment, enacted by the session of the General Assembly, which commenced on the first Monday of December, one thousand eight hundred and fifty-six. Sec. 7. The first election for Secretary, 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 Tuesday of October, one thousand eight hundred and fifty-eight; Provided, that the time for which any District Judge or any other State or county officer, elected at the April election in one thousand eight hundred and fiftyeight, shall not extend beyond the time fixed for filling like offices at the October election. Sec. 8. The first election for Judges of the Supreme Court, and such county officers as shall be elected in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of Oct.ber, 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, commencing on the second Monday of January of said year. Sec. 10. Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time [March 5 th their successors shall be elected as may be pre- Sec. 11. Every person elected by popular Sec. 12. The General Assembly, at the first Sec. 13. The foregoing constitution shall be And elections of the State, and the poll-books shall lamation. Sec. 14. At the same election that this contion or rejection, a proposition to amend the stitution is submitted to the people for its adopsame by striking out the word "white," from the article on the "Right of Suffrage," shall be separately submitted to the electors of this State ing, viz: for adoption or rejection, in the manner follow A separate ballot may be given by every person having a right to vote at such election, to be deposited in a separate box; and those given for the adoption of such proposition shall have the words "Shall the word 'white' be stricken out of the article on the 'Right of Suffrage? Yes." And those given against the proposition shall have the words, "Shall the word 'white' be stricken out of the article on the Right of Suffrage? No." And if at said election the number of ballots cast in favor of said proposition, Thursday] EDWARDS-WILSON-TODHUNTER-JOHNSTON-GILLASPY. 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 of this constitution. Sec. 15. Whenever a portion of the citizens of Lee county deem it expedient to procure a division of said county, it shall be the duty of the General Assembly to make a law, by which the proposal to divide said county, (the metes and bounds of the proposed new county being set forth in said law,) shall be submitted to the voters of the county of Lee, at a general or special election; and the General Assembly shall prescribe in said law the mode for the proper organization of said new county, and they shall be organized under said law, provided the majority of the votes given on the question of division at said election shall be in favor of such proposed division. Sec. 16. Until otherwise directed by law, the county of Mills shall be in and a part of the sixth judicial district of this State. Mr. EDWARDS. I would suggest an amendment of the phraseology of the fourteenth section; to strike out the words, "of this constitution," at the close of the section, aud insert the word "thereof," so that it would read: "And if at said election the number of ballots in favor of said proposition, shall be equal to a majority of those cast for and against this constitution, then said word "white" shall be stricken from said article and be no part there of." [March 5th though, as I stated yesterday, I was myself opposed to the division of the county. I desire members to look at this question for themselves. They are interested in the effect a provision of this kind would have upon the constitution, as well as myself. I hope the convention will act their own pleasure in regard to this subject. I intend to support this proposition, and to vote for it. Mr. EDWARDS. On yesterday, when this question was presented to us, I felt disposed to accommodate the delegates from Lee county, and voted for it. But after more mature deliberation, I have become satisfied that it would be impolitic and unwise for us to include in this constitution a question of a purely local character. I therefore move to recommit this articlo to the standing committee on the schedule, with instructions to report the same back immediately to the convention, with an amendment to strike out this section. The question being taken, the motion to recommit was agreed to. Immediately thereafter Mr. TODHUNTER, from the committee on schedule, reported back to the convention the article which had just been recommitted to them, with a recommendation that the section in relation to the division of Lee county be stricken from said article. mendation of the committee was concurred in, The question being then taken, the recomand the section referred to accordingly stricken No further amendments were offered. Mr. WILSON. I think the amendment sug-out. gested by the gentleman from Lucas, [Mr. Edwards] should be adopted, so as to refer simply to the article on the right of suffrage. As the phraseology of the section now is, it would include the word "white" wherever it oocurs in this constitution. The amendment was agreed to. Mr. TODHUNTER. I would like to have the gentleman from Lee [Mr. Johnston] consent to bave the section in relation to Lee county stricken out of this article. Mr. JOHNSTON. I must object to this being done. I will take this occasion to say a few words in relation to this matter. A number of gentlemen of this convention came to me this morning and told me that they voted for this section chiefly out of courtesy to the delegate from Lee county, but that they were fearful that this outside question might have a tendency to defeat this constitution; and they asked me to state to them what I thought about the matter. I said to them, as I now say to this convention, that I think it is possible that this provision would influence some votes against this constitution; to what extent, I do not know. I said to them further, that in view of what had taken place during the last canvass in the upper part of Lee county, and in view of the letters I had received since I have been here in this convention, I felt it to be my duty to present this matter to the convention, and vote for it here, al The question was upon the passage of the article. Upon this question Mr. GILLASPY called for the yeas and nays, and they were accordingly ordered. The Secretary then proceeded to call the roll of members, upon the passage of the article on the schedule, and when he had reached the name of Mr. GILLASPY-that gentleman rose and said: As a member of the committee on the sched ule, I rise for the purpose of asking the consent ready to be submitted to this convention by Mr. WILSON. I must object to any such course of proceeding as this, and I will state my reasons: The majority of the committee on the schedule proposed a report-the same presented to the convention-and submitted that report to the gentleman from Wapello, [Mr. Gillaspy], and the gentleman from Delaware, [Mr. Peters.] They had time to examine it, and did examine it. And although they stated that they Thursday] GILLASPY-EDWARDS-HALL-WILSON-PALMER-JOHNSTON, &c. were not satisfied with it, they took no steps whatever toward preparing and bringing in a minority report. They have taken no steps up to this time to do so. When this article was first examined and considered by the convention, there were no steps taken to bring in a minority report. And for that reason I shall object to this protest being brought in here at this late day. The gentlemen might have taken the necessary steps in regard to this matter at the proper time. They might have presented a minority report here, and in that minority report they could have introduced all their objections to this majority report. But they have deemed best to hold back until the close of the session of the convention, and I therefore object to their protest going upon the record. Mr. GILLASPY. I will offer the following as a protest against this majority report of the committee on the schedule: "The undersigned protests against this report, for the following reasons: Because it suspends the great rights which this constitution is made to protect, while it repeals those which the present constitution grants. "Because it refuses to trust the principles which it proclaims, and for more than two years practices a mere party peculation upon the rights of the majority of the people of this State. "Because it most flagrantly violates the principles of our government, by endeavoring to throw the power of the government into the hands of the minority. "Because, while the constitution admits the right of the people to have certain powers, it refuses for years the rights which it asserts." Mr. EDWARDS. I rise to a point of order, and that is, that the gentleman has no right to bring a protest in here, while the call of the roll is being proceeded with. The PRESIDENT. This will be received as a part of the explanation of the gentleman from Wapello, [Mr. Gillaspy], when called upon to vote. Mr. GILLASPY. I offer this protest upon the part of the gentleman from Des Moines, [Mr. Hall] as well as myself. I desire to say, as a member of the committee on the schedule, that I shall be in favor of the adoption of the constitution we may make here, if it meets my views. I desire to see the constitution adopted, if it is fair and just in all its features and provisions. But I do protest against this article upon the schedule. I say it is the most unfair article that has been presented to this convention. If adopted, it will thwart the expectation of a large portion of my constituents, and of the people of this State, in my humble judgment. The reason why I did not prepare and submit a minority report upon this article, was that I was satisfied-as this vote when placed upon [March 5th the record will testify-that this article had to be passed anyhow, as it was. But I expected, at the proper time, that this convention would allow me to have my written protest placed upon the record. Mr. HALL. I drew up the paper, which the read as a protest, with the intention of presentgentleman from Wapello [r. Gillaspy,] has ing it, when my name was called, as my reasons for the vote I shall give upon this article. Mr. WILSON. I wish to understand this matter. I presume this paper, or protest, or whatever it is to be called, will go into our debates, the same as other remarks of members, given in explanation of their votes, but not upon our journal. As I understand it, no speech or explanation goes upon our journal, though they are all included in the report of our debates. I have no objection to this appearing in our debates as a part of a speech. Mr. PALMER. I understand that any member has a right to have his protest entered upon the journal. Mr. JOHNSTON. I desire to say that I have not been consulted in regard to this protest, and did not know the contents of the paper until I heard it read. I do not commit myself to any course of policy that will force me to vote against this constitution, for I want to see the instrument we may prepare here, adopted by the people. I am opposed to some features contained in this schedule, and shall, therefore, for the present, content myself with voting against it. Mr. TODHUNTER. I wish to say a few words, in connection with this affair, and the manner in which it has come up. As I understand, the only objection to this schedule is in relation to the manner in which this constitution takes effect, so far as our present State officers are concerned. I doubt the propriety, or policy even, in making a constitution of a State, of turning out a single officer. For that reason I took the view I did in regard to the lower house of the General Assembly, and the Senate. The members of the lower branch of the legislature have already filled the terms of office for which they were elected, or that it was intended or expected they would fill when they were elected. We say by this schedule, therefore, that they shall stand aside, and there shall be a new election for others in their places. As to the Senators, we say in this schedule, that those who have served for two sessions of the General Assembly shall stand aside, and others shall be elected in their stead. On the other hand, however, we say that the Governor and Lieutenant Governor shall be elected next fall, which curtails the present term of the Governor about one year, or perhaps a little more. We say that the district judges shall continue in office a year from next October, and in that way we give the democratic party the same show in this matter that the other party has. We say that the present su preme judges shall hold their offices until the year 1859. Those officers were all elected for a certain period. I doubt the propriety of turning out a single officer, until the term for which he was elected shall have transpired. Although we are making a new constitution, it should not take effect, so far as their terms of office are concerned, until they shall have expired. For these reasons I shall vote for this schedule as it now stands. The Secretary then resumed the call of the roll, and proceeded until he had reached the name of Mr. WILSON-when that gentleman rose and said: I wish to submit an explanation here, inasmuch as this article has been called in ques tion in a very grave manner, and very serious charges have been made, not only against a majority of the committee on the schedule, but against a majority of the members of this conconvention. And I wish, therefore, to state briefly my reasons for this article. In doing so, I shall have simply to state the reasons controlling the majority of the committee on the schedule in making this report, to which my name appears attached as a member of that committee. Tuere was some difficulty in the minds of the members of the committee, in arriving at the best course to be pursued in relation to the elections under this constitution, in the event it should be adopted by the people. The first impression among the majority of this body, seemed to be that it would be advisable to retain the present legislature. But when that proposition was introduced into this convention, it met with opposition, not only from the republicans, but I believe that it met with the universal opposition of the democratic members of this body. The reason which they held up here, and which they urged, and which operated to no little extent upou the minds of the majority of the committee on the schedule, was that the people wished and desired that the men who should meet to gether in the first general assembly under this constitution, should be fresh from the people, that they should be elected at an election, when the issues involved in this constitution could be fully and thoroughly canvassed. Mr. PALMER. Why not provide then for the election of all the members of both the houses of the general assembly? (March 5th on the issues presented by this constitution. The senators who were elected last August are retained, because they were elected at an election when the same issues were presented which led to the calling of this convention. There is another reason for this, and that is that te members of the house of representatives of the last general assembly have already held the only session that it was contemplated by the people that they would hold when they were elected. The senators who were elected in August, 1854, have already held all the sessions it was contemplated they should bold when they were elected. Whereas, the senators who were elected last August, have held but one session ; were elected to hold their offices for two years. and they are besides fresh from the people, and And it was but right and proper, we thought, that thy should come back and hold another for retaining these senators is, that in the more deliberative branch of the general assembly we secure one-half of the body with some experience in legislation. session next winter. And another reason Another reason for this provision is this: If we call the present general assembly together next winter, in accordance with the proposition of the gentleman from Des Moines [Mr. Hall] and his friends, we shall be compelled to call another general assembly together the year following, which we found upon calculation, would cost the people of the state from one hundred and twenty-five to one hundred and fifty thousand dollars, and that we thought was a strong argument in favor of the plan we have decided to adopt. An argument of one hundred and twenty-five or one hundred and fifty thousand dollars is a strong one, and one which the people will feel; and their opinions in this matter ought to be consulted. That is one reason why we have concluded to call a new election next October. Another reason is this: There was great dissatisfaction telt in this body in relation to the basis of apportionment adopted by this convention. satisfaction the difficulty and the time that would And for the purpose of mee ing that disnecessarily be consumed in endeavoring to provide for a new apportionment among the several counties in this state, the committee concluded to adopt the apportionment passed by the last general assembly. In doing this they considered it a kind of compromise between the opponents of the basis of apportionment established in this constitution, and the old basis of apportionment, for it throws off the constitutional apportionment for two years. This will give the new counties of the north, west and south, time in which to be built up, and to get the proper ratio to entitle them to representatives; and at the same time it will guard the medium sized counties from the hardships that will necessarily be worked upon them by the apportionment of Mr. WILSON. I will inform the gentleman, as I go along. This schedule provides that the house of representatives, which, under our theory of government, is considered the popular branch of the general assembly,shall be all elected at the first election under this constitution, and that they, with the senate, shall hold their first session next winter. We also provide by this schedule that that portion of the senate elected in 1854 shall go out of office, and that their successors shall be elected next October. That will bring in fresh from the people, about one- representation in this constitution. half of the senate in our first general assembly Mr. HARRIS. Why was the governor turnunder this constitution, who will be elected up-ed out, and not the rest of the state officers ? |