Lapas attēli
PDF
ePub
[blocks in formation]

and was when the subject was before us on Friday last, that it would prove beneficial to the people of this State to have the debates of this body printed and scattered over the country that our constituents at home might have the means of knowing what we are doing and be enabled to vote understandingly when the Constitution we may make here, shall be submitted to them for action, and they certainly cannot be enabled to do that unless they have the action and debates of this Convention upon the Constitution placed before them in some shape. Nor do I think that the number of copies of this work to be printed are any too large. The simple question in my mind is as to the price we have concluded to give. I hear complaints from different sources as to the price being too large, being altogether exorbitant. I for one am not acquainted with this sort of work, and do not know myself whether the price is too large or not. But I see that there is dissatisfaction exhibited by different members of the Convention upon this point.

I disagree with the gentleman from Muscatine (Mr. Parvin). I believe that even if we have agreed to pay an exorbitant price and have entered into a contract to that effect, we are not yet entirely in the power of the men with whom we may have made the contract. So far as that is concerned, I think we may reconsider the whole vote, and although we may have entered into a contract with these men to do this work, still we have the right to say to them,-gentlemen we do not see fit to go on further with this work. They have no power to compel us to go on with it and their whole remedy is in an action for damages for losing time, &c. They have no right to say to us as a body that because we have entered into a contract we are therefore bound to carry that contract out. All they can do is to institute damages, if we now give them notice that we will not pursue this matter any farther. But I anticipate nothing of this kind.

As I voted for the adoption of the report I shall now vote for its reconsideration in order to satisfy all parties. The argument that we have agreed here to pay no higher than is paid the State Printer does not satisfy me. It is said the State Printer is paid more than he ought to receive for his work. I do not know how that is, but I think it is a matter which, perhaps, should be investigated. If the State Printer does receive more for his work than he ought, it is not necessary, because the Legislature has made a had contract, that we should make another one like it.

Mr. HARRIS. I was in the first place and am yet in favor of having everything done in this Convention placed in such a shape and spread before the people that they could derive information from it. I was in favor of having our debates published in the papers and thought that with a very little expense we could secure all that was necessary in that shape. And hence I took the position I did in regard to the increase of the number of the papers to be allowed us. But in conversations I and others had upon the

[January 26th.

subject we were assured that we were to have the reports placed upon our tables daily and we could take them instead of papers. With that understanding I acquiesced. But in doing so I understood that we were to have the printing done in this city and not be dependant upon the contingency of the roads being blocked up with snow, as I now understand is the case. As I now understand the matter I shall vote for a reconsideration.

The question being then taken by yeas and nays upon the motion to reconsider the vote by which the report of the committee on reporting and printing was adopted, it was agreed to, yeas 24, nays 11, as follows:

Yeas-The President; Messrs. Ayres, Clark of Alamakee, Cotton, Day, Edwards, Emerson, Gibson, Gray, Hall, Harris, Hollingsworth, Johnston, Palmer, Patterson, Price, Robinson, Skiff, Solomon, Traer, Warren, Wilson, Winchester and Young.-24.

Nays-Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Ells, Gower, Marvin, Parvin, Peters, Scott, Seeley and Todhunter.-11.

The question was upon agreeing to the report of the committee.

Mr. YOUNG moved that the report be laid upon the table until to-morrow morning at 10 o'clock.

The question being taken by yeas and nays, upon the motion to lay upon the table, it was agreed to, yeas 25, nays 10, as follows:

Yeas-The President; Messrs. Ayres, Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Cotton, Day, Edwards, Ells, Gibson, Gower, Gray, Harris, Hollingsworth, Marvin, Parvin, Scott, Seeley, Todhunter, Traer, Warren, Wilson, Winchester and Young.

Nays--Messrs. Emerson, Hall, Johnston, Palmer, Patterson, Peters, Price, Robinson, Skiff and Solomon.

The report was accordingly laid upon the table subject to the call of the Convention. Resolutions of Enquiry.

Mr. CLARKE of Henry introduced the following resolution :

Resolved, That the committe on suffrage enquire into the expediency of referring the first section of the second Article of the Constitution 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 election it shall be retained; but if a majority thereof shall vote in favor of striking it out it shall be stricken out, so that said section shall read "every male citizen of the United States, &c."

Resolved, That the committee on the Legislative Department enquire and report upon so amending Section four of Article three, so that it shall read,

Any person may be a member of the General Assembly who shall be entitled to the right of suffrage in the State at the time of his election, have had an actual residence of thirty days in the county or district he may be chosen to represent.

Monday.]

HARRIS-PETERS-HALL-CLARKE-EDWARDS-JOHNSTON.

[January 26th.

Mr. HARRIS. I hope the gentleman from Price, Robinson, Scott, Seeley, Skiff, Solomon, Henry (Mr. Clarke) will not think me discourte- Todhunter, Warren, Wilson, Winchester and oas to him if I feel myself called upon, accord- Young. ing to the pledges I made to my constituents not to permit a thing of this kind even to come in here without showing my opposition to it. I therefore move that it be indefinitely postponed.

Mr. TRAER. I would enquire if this is merely a resolution of enquiry?

The PRESIDENT. The chair understands it to be an ordinary resolution of enquiry.

Mr. TRAER. Then I can see no reason why this resolution should not be referred as an act of courtesy merely to the mover. I do not say that I am in favor of the proposition it contains. Mr. HALL. Is it in order to move to amend a resolution of this character?

The PRESIDENT. It is not in order at present, as a motion to indefinitely postpone is pending.

Mr. HARRIS. I withdraw the motion to indefinitely postpone.

Mr. HALL. I now move to amend the resolution, so that "the committee on the right of suffrage be instructed to report against privilege," &c.

Mr. CLARKE, of Henry. I apprehend if this course is to be adopted in this Convention it ought to put an end to all resolutions or propositions offered in this body requesting committees to give their attention to certain subjects. We have all understood that these resolutions were to be received only as resolutions of enquiry, and not as resolutions of instructions at all. The proposition contained in this resolution is merely that of enquiring into the expediency of referring the section named to the people for their direct vote upon it. That is the whole proposition. Now for the gentleman to move to amend the resolution so as to instruct the committee to report against it, seems to me to be uncourteous, and I think he had better not commence that game here in this Convention.

Mr. EDWARDS. I do not see the necessity of sending this report to the Committee on Suffrage, as we have already reported that article back to the Convention, and recommended its adoption, without amendment, as a part of the Constitution. It appears to me that the gentleman can reach his object by moving an amendment to the report when it shall have been called up for the action of the Convention. | But I think it is entirely unnecessary to send this subject back to the committee when they have already reported upon it unanimously. And therefore, in order to save time, I move to lay the resolution and amendment upon the table.

On this question Mr. CLARKE, of Henry, called for the yeas and nays, and they were ordered accordingly.

The question being taken by yeas and nays upon laying upon the table, it was agreed to, yeas 24 nays 10 as follows:

Yeas-The President, Messrs. Ayres, Cotton, Day, Edwards, Emerson, Gibson, Harris, Hollingsworth, Johnston, Palmer, Patterson, Peters,

Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Clarke of Johnson, Gower, Gray, Hall, Marvin, Parvin, and Traer.

When Mr. JOHNSTON'S name was called, he said: With the permission of the Convention I will state that I would vote cheerfully for the resolution of the gentleman from Henry, (Mr. Clarke) were it not that the committee to which it relates have made their report, which is now before the Convention. I shall therefore vote to lay the resolution on the table.

The resolution was accordingly laid on the table.

Mr. PETERS offered the following resolution: Resolved, That the Committee on the Judiciary be requested to enquire into the expediency of so amending the constitution as to vest the judicial power of the State in a Supreme Court, in District Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and such other Courts, inferior to the Supreme Courts, in one or more counties, as the General Assembly may from time to time establish, and 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 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 restrictions 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 a supervisory control over all inferior judicial tribunals in the State. The Supreme Court shall be elected 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 practicable, in each of which one judge of the Court of Common Pleas, of said district, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be held in each, by one of said judges, of the said subdivisions, 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 judges of the Courts of Common Pleas of the respective districts, and one of the judges of the Supreme Court, any three of whom shall be a quorum; and shall be holden in such subdivision 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 for holding courts therein. The District Court shall have original jurisdiction in all cases of

Tuesday,] AYERS-SOLOMON-PALMER-GOWER-CLARK-PARVIN-EDWARDS. [January 27th.

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 receive such ecmpensation 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, whose term of office shall be two years, and their powers and duties shall be regulated by law.

The judges of the Courts 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 at all subsequent elections the term of each of said judges shall be for a term of five years.

The judges of the Court of Common Pleas shall, while in office, reside in the district for which they are elected, and their terms of office shall be for five years.

The resolution was agreed to, and referred accordingly.

Mr. AYRES offered the following resolution: Resolved, That the Committee on State Debts be requested to enquire into the expediency of annexing to that department, as an amendment, the following sections:

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

TUESDAY, JANUARY 27, 1857. The Convention met at ten o'clock, and was called to order by the President. Prayer by Rev. Mr. Kynett.

The journal of yesterday was read and approved.

Petitions.

The PRESIDENT laid before the Convention two petitions-one from R. M. Wilson and fifteen six others, who, being fully convinced, as they others, and one from Alexander Story and fortystate, of the necessity of legislative action with reference to the observance of the Christian Sabbath, and also of the necessity of a constitutional provision to give validity to such laws, would therefore petition this body to incorporate provisions in the constitution upon which such laws may be based.

Mr. CLARKE, of Henry, moved that they be referred to the Committee on Bills and Rights; which motion was agreed to.

Resolutions of Inquiry.

Mr. GOWER offered the following resolution: 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 Treasurer make a pro rata distribution of the interest semi-annually to the counties; that the county judges draw the amount due their counties semi-annually and distribute to the school districts therein, all to be done by salaried officers, ex-officio, free of charge; that the principal be a perpetual fund, the interest only to be used.

The resolution was agreed to, and referred accordingly.

Section 3d. The general assembly shall Mr. PARVIN offered the following resolution: never authorize any county, city, town, or townResolved, That the Committee on the Right of ship, by vote of its citizens or otherwise, to Suffrage be requested to inquire into the expebecome a stock-holder in any joint stock com-diency of inserting a clause as follows: pany, corporation or association whatever, or to raise for, or loan its credit to, or in aid of, any such company, association or corporation.

The resolution was agreed to, and referred accordingly.

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

And further: In section 1 after the word "days" insert "and within two years paid a state Mr. SOLOMON offered the following resolu- or county tax, which shall have been assessed at least ten days before the election."

tion.

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

The resolution was agreed to, and referred accordingly.

Mr. PALMER moved that the Convention adjourn until to-morrow morning at ten o'clock.

The question being taken it was agreed to, upon a Division, as follows: Ayes, 16; Noes, 14. The Convention accordingly adjourned.

Also, add to said section 1, "Provided that electors otherwise qualified, between the ages of twenty-one and twenty-two years, may vote without the payment of taxes."

The resolution was agreed to and referred accordingly.

Mr. EDWARDS offered the following resolution:

tive Department be instructed to inquire into the Resolved, That the Committee on the Legislaexpediency of reporting an amendment to the constitution, providing that the General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say:

Tuesday]

HALL--CLARKE--EMERSON-PARVIN--TRAER,

(January 27th

Regulating the jurisdiction and duties of jus- ments they desire to offer, they will have an optices of the peace and constables. portunity to present them hereafter in the Con

For the punishment of crimes and misde-vention, when the subjects to which they relate

meanors.

Regulating the practice in courts of justice. Providing for changing the venue in civil and criminal cases.

Granting divorces.

Changing the names of persons.

For laying out, opening and working on highways, and for the election or appointment of township trustees and supervisors, vacating roads, town plats, streets, alleys, and public squares.

Removal of county seats. Summoning and empanneling grand and petit jurors, and providing for their compensation. Regulating county and township business. Regulating the election of county and township officers, and their compensation.

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

shal come up in their regular order.

Mr. PARVIN. I would inquire if the resolution is now before the Convention?

The PRESIDENT. It is not, and it lies over under the rules.

Amendment of the Rules.

Mr. CLARKE, of Henry. I desire to call up the resolution to amend the rules offered by me on Saturday.

The resolution was then read, as follows:

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

Mr. CLARKE. The object I have in offering this resolution is this: Resolutions are

Providing for supporting common schools, and offered here which are mere suggestions, and are

for the preservation of school funds.

In relation to fees or salaries.

In relation to interest on money. Providing for opening and conducting tions of State, county, or township officers, and designating the places of voting.

in the nature of petitions to committees, and they should not be debated here. Any member has a right to make any suggestion, however abelec-surd it may be, and to have it referred to a committee who may give it such consideration as they see fit. The great advantage in offering resolutions here at all is, where committees themselves are in doubt and need light upon a subject before they make their report, and therefore resolutions which are in the nature of in

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

The resolution was agreed to, and referred ac-structions should lie over for a day and be decordingly.

Mr. HALL offered the following resolution: Resolved, That after this day resolutions shall not be in order, offered for the purpose of reference to standing committees, instructing them to inquire as to the propriety of adopting indicated propositions.

Mr. CLARKE, of Henry. Will not that resolution have to lie over a day under the rules?

The PRESIDENT. The resolution will have to lie over for a day. Resolutions are at any time in order, but we have a rule that no change of rules shall be made without one day's previous notice.

Mr. EMERSON. Will it not be in order to suspend the rules?

The PRESIDENT. It can only be done by unanimous consent.

bated.

Mr. TRAER. I have drawn up a resolution here in the form of order of business, which I was about to ask the unanimous consent of the Convention to present. I suppose it will be in order to offer it as a substitute for the proposition of the gentleman from Henry, [Mr. Clarke.]

Mr. CLARKE. I raise the question of order. I suppose if the gentleman's proposition comes in as a substitute, that the rules require it to lay over for a day.

The PRESIDENT. The Chair is of a different opinion, and thinks that the proposition of the gentleman from Henry, [Mr. Clarke,] being now before the Convention for consideration is open to amendment.

Mr. TRAER. I offer the following proposition as a substitute for that of the gentleman from Henry.

It was then read as follows:

Resolved, That the rules of order be amended by adopting the following order of business: After the Journal is read, the following order shall govern :

1. Petitions or memorials to be offered.
2. Resolutions.

Mr. EMERSON. I hope there will be no objection to a suspension of the rules. We have had considerable discussion here in regard to curtailing our expenses, and it seems to me that if gentlemen would notice for a moment, how much we are encumbering our proceedings with these resolutions, they would see that they are entailing upon the Convention an unnecessary expense. I am entirely willing that the committees should entertain all the propositions that may be handed in to them by the members of the Convention, but it does seem to me that there is no necessity for encumbering our proceedings And also the following additional rule: with all the various suggestions that may be Rule 8. All resolutions and reports of Commade by members from day to day. If gentle-mittees shall lie over one day before being acted men are in earnest with regard to the amend-upon, except by unanimous consent.

3. Reports of Committees.

4. Communications on the President's table.
5. Reports in possession of the Convention.
6. Unfinished business.

Tuesday,]

PARVIN-TRAER-HALL-WILSON.

[January 27th.

Mr. TRAER. I think the proposition I have they please. We shall have abundance of time now offered covers the whole ground, and gives consumed in the amendments to be proposed us a regular order of business.

Mr. PARVIN. I would ask the gentleman from Benton, [Mr. Traer,] to withdraw his substitute, and give notice that he will offer it tomorrow as an additional amendment.

here.

There is another objection which I have to the adoption of this rule. Gentlemen who offer amendments to propositions, and send them to committees, do it without much reflection, as The PRESIDENT. The Chair would enquire every one knows, who has heard these propoof the gentleman from Benton, [Mr. Traer,]sitions read here. They go before the commitwhether he did not give notice at the last sitting tees in some form, and the gentlemen who have that he would offer such a proposition? presented propositions feel themselves commitMr. TRAER. I gave notice yesterday, that I ted to advocate and urge their acceptance before would offer an amendment in relation to this the Convention. Hence, every proposition will matter, but it covers rather different ground undergo the fullest discussion. Let us keep from the one I have now offered. I think it ne- ourselves as free as we can, and not trammel cessary that we should have some regular order ourselves with too many rules. They have a of business, and it seems to me that the resolu- long list of rules in the Senate, and what is the tion which I have offered, providing for an addi- experience there? They do not obey them. I tional rule, would attain the object which the saw an instance of this last evening in the gentleman from Henry, Mr. Clarke, has in view. Senate chamber during the few minutes I was Those subjects, especially, which are to be dis- present at their session. Bills were taken from cussed, should lie over for a day, in order to give the first reading to the final passage, without members of the Convention an opportunity to more than one or two persons, except the inform themselves in regard to them. With movers, knowing what they contained. I prethat view, I have moved the adoption of this ad-sume they passed as many bills last evening as ditional rule. I believe it is a rule which has they did the first two weeks of their sessionbeen adopted everywhere in deliberative bodies. they did it by relieving themselves from the The notice which I gave yesterday was, that I trammels to which they were subjected by their would offer an amendment to the rules, so as to rules. In an ordinary legislative body, they require that a proposition should be read three have a variety of things before them for considtimes upon three different days, but I see in look-eration, but in this body we have a single puring over the rules that such an amendment was

not necessary.

short session.

pose to attain, and it is, therefore, in my opinion, useless to embarrass our action by the adoption Mr. HALL. Our body is not a very large one of such a rule as that proposed by the gentleand I do not think that we should tie ourselves man from Benton, (Mr. Traer.) hope genstrictly down to rules. If petitions come here, tlemen will look at the matter in this light, and they come here for a specific object, and they endeavor to simplify our proceedings as much are naturally referred to the appropriate comas possible. We came here with a certain mittees by common consent. I do not see the definite object in view. We have been here now least necessity for any rule upon that subject. some two weeks, without accomplishing a single What is the object of the rule now proposed by thing. Not a solitary project is before the Conthe gentleman from Benton, [Mr. Traer,] that vention yet for its adoption. When shall we be resolutions shall lie over for one day? It is as ready to perform the work which we were sent gentlemen say, to instruct the committees that here to do? We came here expecting to have a have the subjects under consideration to which I am anxious, for one, to go to they relate, how to report. A committee, then, work, complete the labors before us, and subbefore it can report, will have to wait this dis-mit the result of our deliberations to the people. cussion, and when they report the result of their Mr. WILSON. I do not know how it is with deliberations to the Convention, it will be refer- other members of this Convention, but so far as red to the Committee of the Whole, where we I am concerned, I can say that I have presented will have this same discussion over again, and no proposition, or asked for its reference to a then when the matter is reported back again to committee, which I did not intend to support in the Convention by the Committee of the Whole, the Convention. I have reflected more or less the discussion will be again renewed. The upon all the propositions I have presented, and whole tendency of such a course of procedure I intend to give them my support. The reason will be to lengthen our sessions and make our why I am in favor of the proposed rule is, that discussions almost endless, reflecting no very committees may know in advance of completing great credit upon our labors here. I think it is their reports, the views of different members of the duty of this Convention to facilitate its busi- the Convention. I believe that by the adoption ness here as rapidly as possible and get before of this rule we will facilitate the transaction of the Convention as soon as we can the reports of our business, and if this be so, it will obviate the Committees, that we may act upon them. the objection of delay urged by the gentleman Let us have reports from the committees, and do from Des Moines, (Mr. Hall.) I believe we will not let us send instructions every day to them. get along faster by having the different propoLet us untie their hands, so that they can bring sitions before the committees, than to have them in their propositions here, and gentlemen can brought in by way of amendment to the reports then offer anything in the way of amendments of the committees, and then acted upon. We

« iepriekšējāTurpināt »