ter 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 others 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 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.

[January 30th.

EVENING SESSION.

Preamble and Bill of Rights.

The Convention re-assembled at 2 o'clock P. M., and was called to order by the President. The PRESIDENT stated the busines- before the Convention to be the consideration of the report of the Committee on Preamble and Bill of Rights, which was made the special order for two o'clock.

Mr. HARRIS. I would inquire what would be the proper course to get clear of the consideration of this special order. There has been a great deal said about proceeding immediately to the business of the Convention, and finishing our labors as soon as possible. I certainly have as great desire to do so as any member here, but I wish to consider the subjects that are preand ourselves the amplest justice. For one, I sented here in such a manner as will do them must confess I am not prepared to act upon the special order this afternoon. I believe the report of the committee, containing printed amendments, was only laid upon our tables this morning, and I had no opportunity of examining it Sec. 14. Every banking corporation or in- until the recess. I desire to offer some amendstitution shall cease banking and close its busi-ments to it, and I would ask it as a favor of the ness within twenty-five years from the time of its organization or creation.

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 institutions shall not be permitted and sanctioned.

Sec. 15. No bill, note, draft, check, or other evidence of debt shall be issued for circulation as money, except by banking corporations or institutions 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 Assembly shall have power to amend or repeal all laws for the organization or creation 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 damage resulting to him or her in the taking, and the manner thereof.

On motion of Mr. HARRIS, the Convention then took a recess till 2 o'clock P. M.

Convention to let this matter pass by for the present and take up something else. I have no amendments to offer which I think will be unandesire to be captious or cause delay, but I have imously agreed to.

two weeks, and I think it is almost time to take Mr. HALL. We have been here now almost some action on the business before us. This morning we agreed to take up this special order at this time. I must confess when I heard that announcement that I breathed freer and easier than before, and I began to think that at last we should do something. We have been here long enough to do some business, and I hope that the Convention will not delay their work another hour.

be the proper motion to get clear of the considMr. HARRIS. I would inquire what would eration of this question?

ion that a motion to postpone the special order The PRESIDENT The Chair is of the opinwould be in order.

it would accommodate any gentleman better, I Mr. HARRIS. I make that motion then. If would name any particular time which he may suggest.

Mr. EDWARDS. I am in hopes that the Convention will not postpone the consideration of this special order. I concur fully in the remarks made by the gentleman from Des Moines, [Mr. Hall.] We have been here a considerable length of time, and this Convention should now accomplish the work before them. No gentletake hold of something tangible and proceed to man can premise, if we resolve ourselves into Committee of the Whole upon this subject, what time we shall finish its consideration. It may take us two or three days before we can perfect this article of the constitution, and this will afford the gentleman from Appanoose. [Mr. Har

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BILL OF RIGHTS,

HARRIS-ELLS.

ris,] ample opportunity to prepare his amend

ments.

Mr. HARRIS. I certainly supposed that the favor I asked would be granted, especially as this report, made the special order for this hour, was only laid upon our tables this morning; and there has been no possible opportunity for making preparation for discussion upon it, or offering any amendments to it. I did not suppose where amendments were sought to be offered in good faith, and which I believe the Convention should take considerable time to consider, that action upon this report would be pressed in such haste, especially as this is the first report that When I ashas been made the special order. certained that this report was made the special order, as soon as I had the opportunity, although it was a hurried one, I began to compare our Bill of Rights with the Bill of Rights in the constitutions of other States; and I suppose that was the reason why these constitutions were given to us, that we might have the opportunity of making these comparisons. Let me first read section fifteenth in the Bill of Rights of our own constitution:

"No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law." That is good as far as it goes, but let us look a little further.

The fourth section of the article on, the, Bill of Rights in the Ohio constitution reads:

"The people have the right to bear arms for their defence and security; but standing armies in time of peace are dangerous to liberty, and shall not be kept up and the military shall be in strict subordination to the civil power."

If gentlemen will take the trouble to compare these two provisions, they will see that the privilege allowed to the people to bear arms and keep them for their own defence, forms no portion of our present Bill of Rights. Will gentleto adopt the men say it is a sufficient reason provision upon this subject reported by the committee because it is just like the one we now have? It is not a sufficient reason to me because the committee have reported the provisions of the present constitution, that we should agree to adopt what they have reported.

Again: Section twenty of our Bill of Rights Bays:

[January 30th

known their wishes to their representatives, but
they have no right to instruct them, as the peo-
ple have in Ohio.

I have not had the opportunity of examining
I have instituted this comparison
the whole of the report to see what amendments
are needed.
between the Bill of Rights in Ohio and this State
to show that there is need of amendment here.
I hope that gentlemen, therefore, will give us
sufficient opportunity to examine this subject,
so that we can prepare such amendments as may
be needed.

Mr. ELLS. wish merely to say, that it will be impossible for us to make any progress in our business, unless we take up the reports in their order and discuss them. We are not obliged to dispose of this special order in one day, but we can progress to a certain extent, then report and We must commence the ask leave to sit again. discussion somewhere, and we ought to commence with the Bill of Rights, for that is the first subject in the constitution. If gentlemen are not prepared to discuss the whole bill, let them If there discuss that which comes first. I presume that every gentleman here is ready to act. are clauses that need amendment, you can amend them in Committee of the Whole. The Preamble and Bill of Rights are no longer in the hands When the report of the committee, but they are now before gentiemen for discussion. comes up for consideration, every clause is open to amendment; and I hope that this evening or to-morrow morning we will commence the discussion of this report in Committee of the Whole, and that members will all have the opportunity of freely expressing their views upon this question. I hope I may be always ready for discussion upon the Bill of Rights, for if there be any question which will excite the interest I am surprised of the American people, it is the doctrine contained in the Bill of Rights. that my friend from Appanoose (Mr. Harris) is not prepared to discuss the principles of the I hope, therefore, Bill of Rights at any time. that the Convention will not postpone the consideration of the special order, unless there be some reason given for such postponement more valid than any that has yet been given.

The question was then taken on postponing the special order, and it was not agreed to. Preamble and Bill of Rights.

"The people have the right freely to assemble The CONVENTION resolved itself into Comtogether to consult for the common good, to make known their opinions to their representa-mittee of the Whole (Mr. Edwards in the chair) tives, and to petition for a redress of grievances."

I will call the attention of gentlemen to section three of the Bill of Rights of the Ohio constitution.

"The people have the right to assemble together in a peaceable manner, to consult for their common good, to instruct their representazives, and to petition the General Assembly for the redress of grievances."

Gentlemen will see at once that there is a very great difference between these two provisions. The people of this State have a right to make

and proceeded to consider the Preamble and Bill of Rights in the present constitution. with the amendments reported from the committee.

The Preamble and Bill of Rights reads as follows:

WE, THE PEOPLE OF THE TERRITORY 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 establish a free and independent Government, by the name of the STATE OF IOWA, the boundaries of which shall be as follows:

Friday]

[January 30th

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 papers and things to be seized.

Beginning in the middle of the main channel sible for the abuse of that right. No law shall of the Mississippi river, at a point due east of the be passed to restrain or abridge the liberty of middle of the mouth of the main channel of speech or of the press. In all prosecutions or the Des Moines river; thence up the middle of indictments for libel, the truth may be given in the main channelof the said Des Moines river, to evidence to the jury, and if it appear to the jua point on said river where the northern boun- ry that the matter charged as libellous was true, dary line of the State of Missouri-establish- and was published with good motives and for ed by the constitution of that State, adop-justifiable ends, the party shall be acquitted. tedJune 12th, 1820-crosses the said mid- 8. The right of the people to be secure in dle 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, until 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 Nicolett's map; thence up the main channel of said Big Sioux river, according to said map, until it is intersected by the parallel of fortythree 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 mrin channel of the Mississippi river; thence down the middle of the main channel of said Mississippi river to the place of beginning.

ARTICLE 1.-BILL OF RIGHTS.

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.

10. 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 him; to have compulsory process for his own witnesses, and to have the assistance of a counsel.

11. No person shall be held to answer for a criminal offense, unless on presentment or indictment by a grand jury, except in cases cog

1. All men are, by nature, free and indepen-nizable by a justice of the peace, or arising in dent, and have certain unalienable rights the army or navy, or in the militia, when in acamong which are those of enjoying and defend- tual service, in time of war or public danger. ing life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

12. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, ex2. All political power is inherent in the peo- cept for capital offenses where the proof is eviple. Government is instituted for the protec-dent or the presumption great. tion, 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.

13. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.

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.

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 rates for building or repairing places of worship, or the main-quartered in any house without the consent of tenance of any minister or ministry.

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.

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.

6. All laws of a general nature shall have a uniform operation.

7. Every person may speak, write, and publish his sentiments on all subjects, being respon

15. No soldier shall, in time of peace, be

the owner, nor in time of war except in the manner prescribed by law.

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.

17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.

18. Private property shall not be taken for public use without just compensation.

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 militia fine in time of peace.

20. The people have the right freely to assemble together to counsel for the common good;

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to make known their opinions to their representatives, and to petition for a redress of griev

ances.

21. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.

Again, it has to the incumbent of the Chair. been the practice in all parlimentary bodies of which I have any knowledge for the chairman of each committee by courtesy to speak first upon the bill reported by him, whether it be a majority or minority report, by way of explaining 22. Foreigners who are or may hereafter be- the reasons which influenced him to report the come residents of this State, shall enjoy the bill. Then all who are in favor and who are opsame rights in respect to the possession, enjoy-posed to the bill, have a right to be heard before ment and descent of property, as native born it can be taken out of the committee of the whole. Then in conclusion, when all have spocitizens. 23. Neither slavery nor involuntary servi-ken who desired so to do, the gentleman who tude, unless for the punishment of crimes, shall ever be tolerated in this State.

24. This enumeration of rights shall not be construed to impair or deny others, retained by the people.

The amendments reported from the committee are as follows:

Add to section two as following:

"And no priveleges or immunities shall ever be granted, that may not be altered, revoked, or repealed, by the General Assembly."

Add to section nine as follows: "But no person shall be deprived of Life, Liberty, or Property, without a due process of law."

Substitute for section ten 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 offence is alleged to have been committed, to demand the nature and cause of the accusation against him, to be confronted by the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel."

Add to section eleven the following: "Nor shall any person be compelled in any criminal prosecution to be a witness against himself."

Add to section eighteen the following: "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 free-holders; and such amount, together with the expenses of the proceedings, shall be paid by the person or persons benefited thereby, before said rond shall be opened."

The committee have also had under consideration the resolution offered by Mr. Solomon, and after duly considering the same, have unanimously agreed that it is inexpedient to recomend the incorporation of said proposition in the Bill of Rights.

Mr. ELLS. Mr. Chairman. Before proceeding to the discussion of the report, I wish to have a distinct understanding with the members of the Convention in regard to the rules of procedure. Now, we are all, probably, whether we have been in parlimentary bodies or not, quite rusty in our recollections of terms of address. I may call you Sir, Mr. Chairman, Mr. President, or Mr. Speaker, but it is all intended as being proper and right, and not disrespectful

had the honor of first reporting the bill, has a right to reply by way of rejoinder, to the remarks which have been made. I now come to the consideration of the Preamble and Bill of Rights. By the appointment of the Pesident of the Convention, I had the honor of being placed at the head of the committee upon this subject, and I feel thankful to the gentleman who presides over our deliberations, for his kind consideration in placing me at the head of that committee. I regard it as one of the highest compliments ever paid to me, for I have a greater respect for those clauses which secure to the people, the free and full enjoyment of those Godgiven rights, than for all the other guarantees of the Constitution.

But to the question before us for consideration. The Committee who had in charge the Preamble and Bill of Rights were singularly unanimous in their conclusions; they were all desirous of maintaining the Bill of Rights in the present constitution, by the addition only of such provias would enlarge, and not curtail the sions rights of the people. They did not doubt that the people of Iowa had heretofore exercised all the rights which freemen may enjoy under any charter of liberty, but they did desire to put upon record every guarantee that could be legitimately placed there in order that Iowa not only might be the first State in the Union, unquestionably as she is in many respects, but that she might also have the best and most clearly defined Bill of Rights. Now, sir, as this is a discussion of principles as well as clauses, it is expected, of course, that a very wide range will be allowed to gentlemen in the expression of their opinions, and perhaps a good deal may be said that is not legitimate. I trust, however, that the utmost latitude will be allowed in a discussion of this character, and that if members deviate from the question, they will not be called to order for so doing.

It may be said that the people of this country have so long enjoyed the right of self-government that a written Bill of Rights in and of itself is not necessary for them; and as a consequence, But the history is rendered almost obsolete. This is unquestionably true to some extent. of the world teaches us the absolute necessity of guarding well the rights of the people; for power is always receding from the many to the few. The strong in intellect, and the strong in body, have ever domineered over their fellows. The annals of the world also furnish many instances in which the freest and most enlightened gov

2. All political power is inherent in the peo-privileges or immunities that may be granted hereple. 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.

The committee transcribed that clause from the Constitution of the United States; and I apprehend that no member will object to its inThese words, "privileges and immunities" are corporation into our present Bill of Rights. The very broad in their signification. I hold that words "without due process of law," have a they cover all subjects of legislation that con- legal significance, as I understand, in all the fer power upon any man, or any set of men. I courts. I am one of that class of men who betake the ground that all power conferred is simp-lieve that that clause in the Constitution of the ly a grant, unless the term by which the power is conferred expressly stipulates, that it shall be a contract. Therein I differ, doubtless, with many gentlemen upon this floor, and I apprehend with some who will agree with me generally in most other matters.