Tuesday,)

CLARKE SKIFF--TRAER--PARVIN-WILSON-EMERSON-JOHNSTON. [January 27th;

might then, in very many cases, be compelled to re-commit the reports to the committees. I should rather have the propositions before the committees, and let them act upon them before they make their reports, than to have them afterwards in the Convention.

Mr. SKIFF. I would like to hear the opinion of members upon this resolution.

The PRESIDENT. It is simply a resolution of instructions. The only question before the Convention is, shall the resolution be adopted?

Mr. SKIFF. I do not wish to make any remarks upon this subject myself, but I would like to hear the expression of others who have investigated this subject, whether we shall have State or Stock banks, or whether we shall have neither.

Mr. PARVIN. I move that the resolution lie upon the table. It refers to a subject which ought to be considered.

The motion was agreed to, and the resolution was accordingly laid on the table.

In relation to this question of rules, it seems to me that neither this Convention nor any other deliberative body can get along without some rules to govern its action. The substitute which has been offered by the gentleman from Benton, (Mr. Traer) I think, is just such a rule as we ought to have in this body. So far we have been doing our business in a loose and careless way. We have had resolutions, reports of committees, and every species of business which has come before us, mixed up in great confusion, so Mr. WILSON from the Committee on State that there has been no regularity at all in our Debts, to whom was referred the resolution diproceedings. When we come here in the morn-recting inquiry into the expediency of prohibiting, our business should come on in regular order, and when we adjourn, it should go on in regular order, so that we may know what is the first regular business in order when we meet again. I believe that regularity in the order of our proceedings will greatly expedite the business before us, and I shall therefore support the proposition offered by the gentleman from Ben

ton.

The PRESIDENT. The chair would ask in what the proposition of the gentleman from Benton (Mr. Traer) differs from that offered by the gentleman from Henry, (Mr. Clarke.)

Mr. CLARKE. My resolution simply provides, that resolutions and reports of committees shall lie over for one day, under the rules, before being acted upon.

The PRESIDENT. The chair inclines to the opinion that the proposition, except the last paragraph, offered by the gentleman from Benton, (Mr. Traer) cannot be received under this motion as a substitute to that offered by the gentleman from Henry, (Mr. Clarke.) The chair decides, therefore, that that part of the proposition which relates to the same subject matter, as that contained in the proposition offered by the gentleman from Henry, (Mr. Clarke) will be in order.

Mr. SKIFF. I move that the resolution be indefinitely postponed.

Mr. TRAER. If it be in order, as the chair has decided a part of my proposition to be in order, I will ask leave to withdraw it. If leave be granted, I give notice that I will present it to-morrow.

Leave was granted, and the question then recurred upon the resolution offered by the gentleman from Henry, (Mr. Clarke.)

The question was then taken and the motion agreed to upon a division as follows-ayes 17,

noes 11.

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

"Resolved That the Committee on Incorporations be requested to report in favor of a general banking law in preference to a State Bank system, and not report in favor of both such systems."

ing counties, cities, &c. from becoming stockholders in joint stock companies, 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.

Mr. EMERSON. I move that the report be laid upon the table and that fifty copies of it be printed.

Mr. JOHNSTON. I would suggest to the gentleman that he had better say one hundred copies, as that number can be printed nearly as cheap as fifty.

Mr. EMERSON. I accept the suggestion and will make the number one hundred.

Mr. CLARKE, of Johnson. I am opposed to the printing of this report, but I rise now to ask the question, whether it is expected that Committees will report upon the various resolutions of inquiry which are submitted to them.I did not think it would be required at their hands, and I supposed the object of passing these resolution of inquiry was to refer them to the Committees, so that they might have the benefit of the suggestions which they contained. I did not suppose it was understood that these committees would report upon the various propositions submitted to them. Now I am opposed to the printing of the report now made, because if printed it goes to the world as the opinion of this Convention, when in fact this Convention has not come to any conclusion upon this particular subject, and will not, at least until after we have had some discussion upon it. If we are intending to print all the reports upon the various propositions submitted to the committees we will have an enormous amount of matter to print. Although I have said nothing about economy up to this time, I hope my friends upon the other side of the question will remember the doctrine they advanced yesterday. I trust that this report will not be printed, although I shall be in favor of printing all the reports of committees, where the reports are designed to be incorporated in the Constitution.

Mr. WILSON. I wish to say in behalf of the committee that the reason why we reported this resolution back to the the Convention in

Tuesday,}

EMERSON -JOHNSON-CLARKE-WARREN-HALL-WILSON-CLARK. [January 27th.

this shape was, that a number of the members desired to have that subject come before the Convention, and we deemed this plan as good as any that could be, for getting this matter before the Convention. The member who submitted the resolution which we have reported back feels some interest in the matter, and therefore for the purpose of giving him an opportunity to get the matter before the Convention, we reported the resolution back in the shape we did. I shall oppose the printing of the report. It is now before the Convention.

have made this decision and rejected the proposition submitted to them, they give us back their old clothes. If every member of the Committee adopts the same plan, and reports for or against every distinct proposition, it will take us about three weeks to get through with that part of the work. We cannot adopt all the propositions that are offered, they are so contradictory in their character. If it be the fashion to send in reports refuting everything done in committee, and requiring the Convention to confirm every thing done there, then indeed we are placed in a most peculiar situation. I am opposed to any such course, and I am opposed to printing any such reports. It is enough for me that the committee have decided what they will do. I suppose they will do something which will satisfy every gentleman, and, no doubt, they will report to the best of their judgment a suitable article upon the subject of Incorporations. When they do that, then will be the proper time for gentle

Mr. EMERSON. I have no objection to the course suggested by my friend from Lee (Mr. Johnston), for if this report is to come before the Convention for their consideration, I, for one, desire that it should be printed. The gentleman says that he desires action upon it, and in order to proper action, I desire that this report shall be printed for the purpose of giving the members of this body an opportunity of examining the subject. Mr. JOHNSTON. This is a very important ingly anxious that the Convention should go to measure, and it is one which should not be pass-work, and I want to see the committees report ed by lightly. I hope that the report will be something for our action, something affirmative. printed in order to afford members an opportu- Mr. WILSON. The action of this commmitnity of examining and investigating the subject matter of the report.

men to offer their amendments. I am excecd

We deemed it

tee does not seem to meet the approval of the gentleman from Des Moines, [Mr. Hall.] I will Mr. CLARKE, of Johnston. Any friend of say that the subject matter of this resolution has the proposition, when the committee make their not properly come under the duties of the Comreport upon this subject, can move it as a substi- mittee on State Debts. I cannot see what the tute, and then the subject is brought before the subscribing of stock by the corporations of cities Convention. I call the attention of the Conven- and towns to joint stock companies has to do tion to another fact: one of the members of the with State debts. It is an independent matter Committee on Bill of Rights, I believe the gen- entirely, and has no business in the report which tleman from Lucas (Mr. Edwards) made a report we will submit in relation to that article of the here yesterday, and I moved to print one hun- constitution, that being a matter upon which we dred copies of it, and I expect to make the same are called especially to act. motion in regard to all the reports of standing proper, therefore, to send this resolution back to committees which recommend the adoption of the Convention, and we could not properly refer any article in the constitution. The Convention to it in any way in our report on State debts. resolved to print the one hundred copies. A Therefore it is, as the gentleman from Des Moines, motion was then made to reconsider, and the [Mr. Hall,] has termed it, that we have given Convention refused to print one of the reports of back our old clothes to the Convention, and they a standing committee. And now gentlemen may take such action as to them shall seem most want to print the report of another committee re- proper. I am opposed to printing in this case, porting against a resolution of inquiry, passed but I deemed it proper to make this explanation, by this body, not an article to be contained in the inasmuch as an independent matter was referred constitution. It seems to me that it will not be to us, that the Convention should know upon very consistent to refuse to print reports of stand-what grounds we based our action. ing committees of this house, and then print reports of the kind now made.

Mr. WARREN. As one of the committee to whom this matter was referred, I wish to say a word. I think gentlemen are laboring under a great mistake in this matter. If we go on and have all the resolutions which are offered to committees printed, there will be no end to them. This was a resolution offered to the committee for their investigation, and we thought proper not to accept it. We are now ready to make a full report upon this subject, and when we do that the friends of this resolution can offer it as a substitute, and it will be in order.

Mr. HALL. This committee have decided that they will not report in favor of the propositions that were referred to them. After they

Mr. HALL. If the report was not on the table I would move that it be referred to another committee. Members of the Convention think that the subject ought to be considered. Let us give it to another committee, and let them consider it. The report of the committee made by the gentleman from Jefferson, [Mr. Wilson,] was a very proper one.

Mr. CLARK, of Allamakee. I am anxious to facilitate the business of this Convention, perhaps, as much so as any gentleman here. I have the charity to suppose that every member entertains that feeling. I apprehend that we can gain nothing by jumping at conclusions, and precipitating business at this early stage of the Convention, before we have adopted any system of regulating and arranging our business.

In

HARRIS-EMERSON-CLARKE-HALL-WILSON.

regard to the motion now before the Convention, The question was taken upon the motion of it seems to me that the committee have done all Mr. Clarke, of Johnson, and it was not agreed that could be required at their hands. It is true that it was not a proper matter, perhaps, to have been referred to that committee by that name, but this Convention having appointed that committee for a specified purpose, it did see fit to refer this matter to that committee by name, consequently, that committee is the committee of this Convention upon that subject. It is a special committee, and their report is a report in fact of the proper committee, as much so as it would be if this Convention were to appoint another special committee and refer the same matter to them.

Mr. HALL. This is a proper subject to go SEC. 3. In addition to the above limited before the Committee on Incorporations. Coun- power to contract debts the State may conties and cities are corporations, and the ques- tract debt to repel invasion, suppress insurtion is, whether we we will limit the power of rection, or defend the State in war: but the the Legislature so as to prevent them from au- money arising from the debts so contracted thorizing those corporations to create debts. I shall be applied to the purposes for which it believe it is a subject entirely proper to be re- was raised, or to repay such debts, and to ferred to that committee.

Tuesday,]

TRAER.

[January 26th.

Upon that question the yeas and nays were ordered.

The question being taken by yeas and nays, the motion to strike out was agreed to; yeas 32, nays 4, as follows:

Yeas.-The President, Messrs. Ayres, Bunker, Clark, of Alamakee, Clarke, of Johnson, Cotton, Day, Edwards, Ells, Emerson, Gibson, Gillaspy. Gower, Gray, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seeley, Todhunter, Traer, Warren, Wilson, Winchester, and Young. Nays.-Messrs. Clarke, of Henry, Hall, Skiff, and Solomon.

SEC. 4. Except the debts specified in the record, and third section of this article, no debts shall be hereafter contracted by, or on behalf of this State, unless such debts shall be authorized by some law, or for some single work or object, 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 contracting therefor; but no such law shall take effect until, at a general election, it shall have been submitted to the people, and shall have received a majority of all the votes cast for or against it at such election; and the money raised by virtue of such law shall be applied only "That it shall be the duty of the reporter to to the specific object therein stated, or to the report at length, and accurately, the proceedpayment of the debt contracted thereby; and ings and debates of the Convention, to perform such law shall be published in at least one news-which, he shall employ at his own expense, and paper in each county, if one is published there- be responsible for the necessary corps of reportin, throughout the State, for three months pre- ers; and that the report of each day's proceedceding the election at which it is to be submit-ings of the Convention shall be ready for deted to the people. livery to the printer as soon as the same can be written out, and as rapidly as he may require the same.

SEC. 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 thereof, by law, forbid the contracting 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 irrepealable, and be annually collected, until the proceeds thereof shall have made the provision herein before specified, and pay and discharge the interest and principal of such debt and liability.

SEC. 6. 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.

All of which is respectfully submitted, (Signed) J. T. WILSON, Chairman.

On motion of Mr. WINCHESTER, the report was laid upon the table, and one hundred copies ordered to be printed for the use of the Convention.

Publication of the Debates.

On motion of Mr. TRAER, the Convention proceeded to consider the report of the Select Committee on Reporting and Printing, the vote adopting which was reconsidered on yesterday. The question was upon the adoption of the report.

The reading of the report by sections was called for, and the first section, or resolution, was read as follows:

"That three thousand copies of the proceedings and debates of this Convention be published in book form, to correspond in size, appearance, and workmanship, with the debates of the Massachusetts Constitutional Convention, on good paper, each page of which book shall contain at least two thousand ems of solid matter.

Mr. TRAER moved to strike out the words three tho usand" in the first line.

No motion to fill the blank being offered, the next section was read as follows:

No amendment being offered, the next section was read as follows:

That the reporter shall be allowed as a full compensation for his services the sum of three dollars per page; and the President of the Convention is hereby authorized from time to time, to furnish the said reporter with the necessary certificates on the Auditor of State for such sums of money as may be necessary to enable the said officer to meet his necessary expenditures, not at any time to exceed the amount of labor performed.

No amendment being offered, the next section was read as follows:

That A. P. Luse & Co. be employed to print and bind the proceedings and debates, and that they be allowed for said work the prices now paid the State printer for similar kinds of work. No amendment being offered the next section was read as follows:

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 a proof sheet of said days proceedings, &c.

No amendment being offered, the next section was read as follows:

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.

No amendment being offered the next section was read as follows:

That as soon thereafter as possibe, and not to exceed forty-eight hours after the return of said proof sheets, the said A. P. Luse & Co. shall print on a good quality of newspaper paper, twenty-five copies of each form of said proceed

CL RKE-TRAER-JOHSTON-PARVIN-HALL.