39th Day] Thursday] POSTAGE OF THE CONVENTION. GOWER-TODHUNTER-CLARKE, of J.-EDWARDS-YOUNG, &c. the debates yet to come, which will amount to fifteen dollars to each member, or five hundred and forty dollars for sending all the slips. It is one dollar and fifty cents to each slip; each member has ten slips, making fitteen dollars; and then multiply by thirty-six, the number of members, and we have the result, five hundred and forty dollars. Then, if such shall be the number of slips, the postage will be five hundred and forty dollars. Now add to that twenty-five dollars for the postage upon Greene's Reports, and we have five hundred and sixty-five dollars postage. We have appropriated for the distribution of the reports of the convention, by the Secretary of State, four hundred dollars; and to our secretary for his services, indexing, distributing, &c., five hundred dollars; making in all, fourteen hundred and sixty-five dollars. Now suppose that we should take the duty of distributing these journals from the secretary, and give him two hundred dollars for indexing and superintending the printing. T en suppose we make it the duty of one man to distribute the journals of the convention, Greene's reports and the debates, say in the month of May, and That makes pay him five hundred dollars. seven hundred dollars; and we should save seven hundred and sixty-five dollars, according to these figures. Mr. GOWER. That cannot be possible. Mr. TODHUNTER. It will not come to a quarter of that. Mr. CLARKE, of Johnson. cost one cent a sheet. is mistaken. cent. These daily slips They would only cost Mr. TODHUNTER. But the postage on the [March 5th calling tLe attention of the convention to the Mr. GOWER. I think the rule now is that no M. MARVIN. I wish to make a motion con- Mr. TODHUNTER. Mr. CLARK, of Alamakee. I should be ophalf a cent if pre-paid. Mr. CLARKE, of Johnson. The gentleman posed to that change. We have commenced and I have been in the habit of mail-received about one hundred and forty pages of ing the sheets of my volumes from New York, these reports. So far as I am concerned, these and in the first place to the editors of papers in and pre-paying the postage. It would be one have been distributed in the district I represent, in the hands of those persons, to whom we have my district. These slips will be almost useless. they can have the whole of them when we get sent them, unless they are continued, so that has been done at the expense of the State. I through, so that they shall be complete. This wish to say, so far as I am concerned, and so far as my district is concerned, that if the State is too poor to pay the postage upon these slips, money with the printer to pay the postage upon The slips I want, I am willing, from my own pocket, to deposit the slips I am entitled to. posit money with the printer to pay the postage and if the State will not pay for them, I will demyself. Mr. CLARKE, of Johnson. True; but that comes under a different provision of the law. Mr. EDWARDS. I move to fill the blank with thirty dollars. Mr. TODHUNTER. I accept of that. Mr. YHUNG. That will bring him about five He can send to some of Postage of the Convention. Mr. JOHNSTON. While upon the subject of postage, I will say that the postage account has been sent in from the office here, and it is five hundred and thirty-four dollars and thirty-eight cents. In addition to that, there is a statement Mr. CLARKE, of Henry. I hope the gentleman will withdraw his motion. Mr. PARVIN. Our work is done; and no information we can send our constituents now I think the object of sending them will undo it. is pretty much done away with; and if we cannot receive them for less than five hundred dollars postage, I think we ought to do without them. I am satisfied that the reporter and pub Thursday] CLARK-PARVIN-CLARKE, of H.-CLARKE, of J.-SCOTT, &c. [March 5th lisher will get the reports as near right as is have to take nine of my bound copies to furnish necessary; and by doing without the slips we them. save nearly all the expense of this postage. Mr. SCOTT. hope these will not be cut off. I have sent to some of my constituents, with the statement from me, that I would send them the complete set, so that they could preserve them, and have them bound. They will expect me to keep that promise. They want to keep the file entire. The motion was not agreed to. may be able to discover, and he will insert them under the general head of “Errata,” to come in just before the debates. Mr. CLARK, of Alamakee. We shall not get the volume when bound, to distribute through the State, probably before July. They may finish the printing in May, and finish the distribution in July, which will be too late to be of much immediate value in influencing the vote of the people. But if the editors of papers get these slips, they will be provided throughout the State with this information as fast as it can be members of the convention, that as there are The PRESIDENT. I am desired to say to put in type, and indeed about as fast as they can some typographical and other errors in the slips make use of it. The people, ther fore, will be already printed, and as other errors may occur posted up, upon all the principal questions hereafter, both before and after our reporter which come before the convention, before the commences his revision of the proof, he would volume will be ready for distribution. I see no desire each member, before the close of the pubnecessity, and no reason for changing the rule.lication, to forward to him such errors as they There is just as much necessity for our taking the slips now as when the convention was in session, excepting perhaps the one sheet for each member. There was no more necessity for the nine copies to be distributed throughout the State when the convention was in session than now. One copy was intended for each member, to inform him what had been done during the session; but the same reason now exi-ts for sending the other nine copies to the counties which has existed during the session of the convention. I am certainly opposed to cutting off this information which the people demand. I would rather, if gentlemen wish to curtail this matter, curb it in some other respects. The people can better afford to have some other matters curtailed than this, which is intended to spread the earliest information before the people of the State of what we have done in this convention. Mr. PARVIN. I am not particular about the fate of y motion. The publisher informs us that he supposes the expense of publishing these slips hereafter will be about four hundred dollars. I agree with the gentleman from Jones, [Mr. Marvin,] that we are paying too much. He estimates the postage to be five hundred and and forty dollars; and if that is correct, we shall save nine hundred and forty dollars by dispensing with these slips. I leave it to members whether they will save that expense by doing without these slips. Mr. CLARKE, of Henry. So far as I am concerned, I would rather have the slips than the bound volumes. Mr. CLARK, of Alamakee. They would be of more benefit to the State. Mr. CLARKE, of Henry. And more benefit to myself; for everybody will be asking for them. Mr. CLARKE, of Johnson. I hope that motion will not prevail. I have been sending these slips regularly to nine of my constituents, one of them the Chief Justice, in this city, and they will expect to be supplied with the complete set; as I have assured them that I should continue to send them. If these slips are cut off, I shall On motion, the convention took a recess until seven o'clock this evening. NIGHT SESSION. The Convention re-assembled at 7 P. M., and was called to order by the President. Mr. JOHNSTON, from the committee on expenditures, called up the report with regard to newspapers furnished to members, which had been corrected, and which was accompanied by the following resolution: "Resolved, That the allowances made in the annexed statement be allowed, and that certificates of the same, signed by the president, and attested by the secretary, be delivered to the auditor of state." The resolution was agreed to. mittee the following statement: Compensation of Officers. Thos. J. Saunders, Secretary, 47 days, at $6 per diem, $282,00. $6 per diem, $282,00. at $3 per diem, $141,00. diem, $141,00. J. H. Merritt, Fireman, 47 days, at $3 per diem, $141,00. John Quaintance, Assistant Fireman, 44 days, at $3 per diem, $132,00. James Hawkins, Messenger, 47 days, at $2,50 per diem, $117,50. days, at $2,50 per diem, $117,50. Thursday] JOHNSTON-CLARKE, of J.-PETERS-TRAER. W. Conard, 2d Assistant Messenger, 47 days, at $2,50 per diem, $117,50. A. J. Kynett, Chaplain, $150,00. "Resolved, That a certificate, signed by the president, and attested by the secretary, embracing the above statement, be delivered to the auditor of state." The resolution was agreed to. Miscellaneous Expenditures. Mr. JOHNSTON, from the committee on expenditures, reported the following statement and resolution: [March 5th "Resolved, That John Bittman's account for translating the constitution into the German language, and printing the same, as per resolution of this convention, be audited by the state auditor, and that he be allowed for such work the same prices as are now allowed by law for simila" work to the state printer. "Resolved, That Henry P. Scholte's account for translating the constitution into the Dutch language, and printing and distributing the same, shall be audited by the state auditor; and that he be allowed for printing the same, the same prices as are now allowed by law for similar work to the state printer. "Resolved, That the accounts of A. P. Luse & Co., for printing the debates of the convention, Thos. J. Saunders, for enrolling journal and under contract made for such work, (see page constitution, $200,00. 26 of debates,) be audited by the state auditor, Willis Conard, forwarding letters after ad- on the certificates of W. Penn Clarke, chairman journment, $30,00. Mrs. Wall, for paste, $4,00. Wm. Gray, for enrolling constitution, $35,00. E. Sells, Secretary of State, for books purchased under order of the convention, per bill filed, $740,00. E. Sells, Secretary of State, for distributing Green's reports, under resolution of the convention, $30,00. W. Blair Lord, for superintending printing, and indexing debates, $200,00. "Resolved, That the President of the convention sign, and the secretary attest, a certificate of the correctness of the foregoing accounts, to be delivered to the auditor of state." Mr. JOHNSTON. I would suggest that if it is desired to make any provision for mailing letters which may arrive after we adjourn, it should be done now, to be inserted in this ac count. Mr. CLARKE, of Johnson. There was an appropriation to Willis Conard for that purpose. Mr. PETERS. Was not that intended to pay for his services in re-mailing? I supposed that the expense of the re-mailing was to be charged to the State. Mr. TRAER. I understood that he was to pay the postage and charge it to the state; I think that was the wording of the resolution. Mr. JOHNSTON proceeded to report the following resolutions: of committee of printing debates. "Resolved, That the accounts of W. Blair Lord for reporting the debates of this convention, under contract, made for such work, (see page 26 of debates,) be audited by the state auditor, on the crificates of W. Penn Clarke, chairman of committee of printing debates." Mr. CLARKE, of Johnson. I have a letter from Judge Greene, of which I will read the last paragraph: "My third volume will soon be ready to deliver, and my fourth volume is promised by the first of June next. I will send you a copy of each as soon as bound." I received this letter from Judge Greene last evening. He states that he has sent me forty copies of the second volume; but I have not yet received them. I went to the office of the ex "Resolved, That John Teesdale, of the Iowa Republican, be allowed for the incidental print-press company this morning, but they had not ing of this convention, the same prices as are allowed for similar work by law to the state printer, and that a bill for the same be presented to the auditor of state. "Resolved, That John Mahin's account for printing the journals and the constitution, per resolution of this convention, be audited by the state auditor, and that he be allowed for such work the same prices as are now allowed by law for similar work to the state printer. arrived. The convention will see from this correspondence that the third volume is not ready for delivery; that the fourth volume is not expected to be ready before the first of June. I desire to present to the convention this question whether the convention is willing to take the responsibility of incurring this debt of four hundred dollars for the third and fourth volumes of Greene's reports, which we have not received and cannot obtain until long after the c ven Thursday] JOHNSTON-CLARKE, of J.-HALL-TODHUNTER-CLARK. tion adjourns? It seems to me to be worthy of consideration whether that is not cutting a little too deep. [March 5th copies in all, there will be but three hundred and twenty copies more coming to the State. That is not an illiberal construction to put upon the Mr. JOHNSTON. I desire to say in justifica-law, that if we take eighty copies now, it will tion of the secretary of state that Mr. CLARKE, (in his seat.) I do not blame him at all. Mr. JOHNSTON. He understood the resolution of the convention to cover all these supreme court reports; and upon entering into correspondence with Judge Green, he has learned that, the second volume is ready immediately, and the third and fourth volumes will be ready in a short time. That is the situation of the matter. Mr. CLARKE, of Johnson. I do not blame the secretary. He has done his duty under the resolution. The question is whether the convention, the books not having been received, will not take such action as will relieve the State from this liability. The books have not been received in time for the use of this convention; and hence I suppose that any contract made with Judge Greene by virtue of the resolution, not having been carried out upon his part, may be rescinded upon urs. For the purpose of testing the sense of the convention, I move to strike out from this bill, the sum of four hundred dollars, the price of the third and fourth volumes of the reports. Mr. HALL. I hope that motion will not prevail. In the first place it is a fact that the leg. islature of the State has never extended to these reports the extent of patronage that it ought to have given. They should have purchased more. It is notorious that these books are purchased by the State to encourage their publication as much as for distribution; there is no doubt of that, at all. The legislature have purchased them, and given them to their members; and I think we cannot do better than to take them, and let the State pay for them. We appropriate the money in the same manner that it is usual to appropriate it, and we put the reports into the hands of persons who will examine them. It is a small matter, and if the convention should do as the legislature have done, I am sure we should not be taking too much from the State for the services we have rendered. It is no more than a legislature would have done. I hope the convention will do as they agreed, and settle the matter. Mr. CLARKE, of Johnson. Under the law now in force, the State will take four hundred copies of this report; and if we admit this bill, we shall be taking forty copies in addition to their four hundred copies. If we were to take them out of the four hundred copies which the State has agreed to take, I should not have so much objection to it; but we are taking forty copies more, at a time when they can be of no practical only leave three hundred and twenty copies child's play for the last two or three days; and We have had enough coming to the State. I to test the sense of the convention, I move to lay the motion on the table. Mr. CLARKE, of Johnson, called for the yeas and nays. The motion to lay upon the table did not receive a second. Mr. CLARK, of Alamakee. It is very well known that I made a motion yesterday, requir ing members to surrender to the Secretary of State the volumes they have already rec ived. I have no feeling upon this subject whatever. That motion was voted down. The convention determined yesterday to keep these volumes. The first volume of Greene's Reports has been distributed; and it seems to me that if we are to have any of them distributed, we want the whole series. One or two volumes of Greene's Reports, without the remainder, would be of very little use to any one. I should be in favor of rescinding what we have done. But I would either give up what we have, or distribute the rest and I am indifferent as to which course the convention shall adopt. Mr. CLARKE, of Henry, moved to amend the amendment, by providing not only for striking out Greene's Reports, but that the memberrs who had received Clarke's Reports should return them. Mr. CLARKE, of Johnson. I disagree with the gentleman from Warren [Mr. Todhunter,] as to the effect of this. We have not ordered that the copies we take shall come out of the four hundred copies ordered by the State; but we have ordered them without any reference to that, so that they do not necessarily come out of that number. Mr. TODHUNTER. I think there can be no mistake about it. We ordered the reports on behalf of the State, and the State had agreed to order four hundred copies. It seems to me that the eighty copies we have ordered necessarily came out of the four hundred. When the State shall have ordered three hundred and twenty copies more, it will have fulfilled its agreement to order four hundred copies. I do not see how there can be any other construction given to the law. Mr. CLARKE, of Johnson. Then why is this bill presented ? Mr. TODHUNTER. As a matter of course, when the books are sent the bill must be paid. When the rest are sent, of course, the bill will service to us as members of this convention. I come with them. If he should send four hundMr. TODHUNTER. I understand the law of red in addition to these, the secretary will say the legislature, that the State shall take four to him that the State has already received and hundred copies, to be in force. I understand paid for eighty copies, and he has no authority that if we take twenty copies of each volume, eighty to pay for any more than four hundred in all. Thursday] CLARKE, of J.--TODHUNTER-JOHNSTON--TRAER-CLARK-HARRIS. Mr. CLARKE, of Johnson. furnished under that law. [March 5th These are not and conclude not to take any, the whole four hundred remain with the State. That is all there is of that matter. It certainly does not add forty volumes to the four hundred. The State is bound to take no more than what they have passed a law to take. We take our copies from those four hundred, if we take them at all. The fact that the Secretary of State has ordered them, and that they have been charged to the State, does not alter the case. If Mr. Greene should send the whole four hundred, he would then have a demand against the State for them all. It is wholly immaterial whether wo take them or not, so far as the payment for them is concerned. Mr. TODHUNTER. The law only requires the State to take so many copies; and although we may not refer to the law in ordering them, yet it is in fact a partial fulfillment of the law. Mr. JOHNSTON. I was opposed to the resolution which was offered in the convention with regard to these reports; but there is one question which the convention ought to consider before they vote; and that is the question how far we have made a contract with Judge Greene upon this subject. It appears that under a resolution adopted here, the Secretary of State wrote to Judge Greene to inform him that a resolution of that kind had passed, and desired to know how soon he could furnish the volumes, and at what prices. Judge Greene replied that the second volume could be furnished immediately, and the third and fourth volumes in a very short time. In accordance with that, he has forwarded the second volume of the reports, and they are now on their way. The convention ought to consider whether, under the circumstances, we are not bound to receive these volumes. They all stand in the same light. The Secretary wrote to him that we had resolved to take them to take all of them. That is the situation of the matter. Mr. TRAER. It appears to me that striking these items out of the bill of the Secretary of State will not accomplish the object. We have passed a resolution furnishing these reports to the members of the convention, and that will still be in force, if this amendment should prevail. The only effect will be to prevent the Secretary of State from paying for them after we have received them. They will have to be paid for. It is rather amusing to see the fight here among the friends of the resolution. It will be remembered that I opposed the resolution, and that the gentleman from Johnson [Mr. Clarke], got rather excited about it. Mr. TRAER. I was about to say that it seemed a little singular that after the resolution has been passed, and certain gentlemen have had their own reports distributed here, they should then come forward and ask us to strike out the rest of the reports. Mr. CLARK, of Alamakee. Our resolution here has nothing to do with this contract of the State with Mr. Greene, or the laws passed by the legislature. If I mistake not, there has been a provision that the legislature shall take four hundred copies of each volume of the reports, for which he is to be allowed five dollars per volume. If we vote to take forty copies of the reports, it is only saying that we will take forty copies out of the four hundred, of each of these two volumes. The rest of the volumes remain with the State. If we rescind our resolution, The fact is Mr. CLARKE, of Johnson. After the ungenerous remarks of the gentleman from Benton, [Mr. Traer] I hope I may be permitted to make a single statement. I was well aware that we were all, in endeavoring to discharge our duties here, liable to receive some hard knocks; but I did not expect the imputation implied in the remarks of that gentleman. well known that when the subject first came up, I moved and voted to lay it upon the table; but I found that that vote was subjecting me to imputations; for it was thought that my object might be to defeat the resolution, in order to compel members to buy my reports from me. I asked to be excused from voting, and was exWhen the subject came up on its final passage, cused by the convention. So far from my having been instrumental in inducing the convention to take my reports, or being influenced by that consideration in relation to Judge Greene's, I wish to repeat that this convention has never taken a report from me. It has taken them from the State. The consequence has been that the lawyers of this convention, being supplied by the State, have not been compelled to buy of me; and I have been injured instead of being benefitted by the passage of that resolution. I do not object to paying for the second volume of Greene's Reports, although we have not yet received them. But I do object to our taking volumes thiree and four, which are not yet ready for delivery, and the last of which are not promised before the first of June. I ask gentlemen here to have some regard to propriety. lt is true that four hundred dollars is not a very large sum for the State to pay; but I apprehend that when the people come to look at the expenses of this convention they will be thunderstruck. They will be much greater than we anticipate ourselves. It is rather in this view, and not with any wish to injure Judge Greene, nor from any mercenary purpose, that I have deemed it to be my duty to make the motion; and by that motion I am willing to abide. Mr. HARRIS. If the matter was clear that the State would not be under the necessity of taking these volumes, if we should refuse to order them, I should certainly vote in favor of the gentleman's motion. But I understand that the probability is that the only effect of agreeing to it would be to stock so many more volumes |
