SATURDAY, February 21st, 1857.

The Convention met at 9 o'clock A. M., and

was called to order by the President. Prayer by the Chaplain.

proved.

Election of United States Senators.

Mr. PALMER. I offer the following resolution:

"Resolved, That the Committee on the Legislative Department be instructed to report an additional section to the article on said department providing for the election of United States Senators by a joint convention of the two houses of the General Assembly."

A great deal of difficulty has arisen in many of the States with regard to the election of United States Senators, owing to a defect in the provisions of their constitutions upon this subject. The constitution of the United States simply provides that United States Senators shall be chosen by the legislatures of the different States; but the constitutions of most of the States contain no provisions as to the manner of their election. I believe it has been a matter of doubt with legal gentlemen, whether a joint convention of the two houses of the legislature, in the absence of an express provision of the constitution upon this subject, was the legislature proper. I think by making an express provision here of this kind, we make it the leg islature for that purpose. The object of such a provision would be to compel the two branches of the legislature to go into a joint convention for the purpose of electing United States Senators. I believe, as the case now stands, without any provision of this kind, either branch of the legislature may refuse to go into a joint convention. I would make it their duty to go into a joint convention for the election of United States Senators, so that the difficulty I have suggested may be obviated.

Mr. PARVIN. I have no objection to the reference of that resolution, but I consider it entirely unnecessary, for the reason that I think it may conflict with the Constitution of the United States, or the law passed by Congress. I suppose every member has observed, within a

rate concurrence of each House. Another State might provide a different manner for the election of senators. Now, it appears to me that Congress is the proper body to pass a law of this kind; and as they are about moving in the matter, I make the suggestion that it is unnecessary for us to act upon this subject now. I think I can see very easily, if the States undertake to legislate upon this subject in their constitutions or otherwise, that there will be a diversity among them in the manner of electing their senators, as each State would have its separate method of procedure. It is important, therefore, that these elections should be made uniform all over the United States; and Congress, in my opinion, is the proper body to regulate this matter.

I agree with the gentleman from Davis, [Mr. Palmer], that something should be done. We have all seen difficulties growing out of the want of any provisions upon this subject in different States. Two years ago, in the State of Indiana, one branch of the legislature refused to go into joint convention for the election of United States Senators, and the result was that no election took place. This winter, they refused again to go into a joint convention, and the result is, a bogus election has taken place. I make these remarks to show that difficulties have arisen, and that there is a necessity for legislation upon this subject. I doubt the propriety, however, of States providing for elections in a separate and different manner from each other.

Mr. HALL. If we had the power to amend the Constitution of the United States, we might do some good. My opinion is, that every step we take here will make the confusion worse. The Constitution of the United States says that

The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years, and each senator shall have one vote."

Saturday]

We cannot constitute any other body for this purpose, but the legislature; and it must be the body that makes the laws. The meaning of the "legislature" is law-making power. We cannot make a constitutional body differing from what the Constitution of the United States provides. And when gentlemen get up here and undertake to modify and change the Constitution of the United States, they will find it an exceedingly difficult task, and one that is not altogether desirable. We ought to do nothing which would tend to prevent the utmost harmony between the action of the State government and that of the United States government. You cannot say that anything less than the general law-making power of the State can appoint a United States senator.

I do not believe that Congress has the power to put trammels upon our legislature. Gentlemen will find, by the debates that have taken place in Congress, that this subject has been thoroughly discussed by the ablest men there, and the best opinion is, that even Congress cannot tie the hands of the legislatures of the States upon this subject. I am opposed to eutangling ourselves with any more difficulties than those in which we are now placed. True, there are sometimes difficulties and inconveniences in electing these senators, but I think we had better "bear the ills we have than fly to those we know not of." The legislature should pass such laws upon this subject as they please, and it is at their option whether they will obey them or not. Law-makers are generally lawbreakers, but one legislature cannot tie the

hands of another.

Mr. PARVIN. I can easily perceive the difficulties which would arise upon this subject of the election of United States senators, if we pass any law upon this subject. I can see, however, that Congress could properly pass a law upon this subject, but as a matter of course, they could pass nothing contrary to the constitution. I think they could pass an act which will show the different States the manner in which the present Senate intends they shall elect, and they will undoubtedly pursue that course. I think that Congress can pass such an act, without infringement upon the rights of the State.

Mr. HALL. I move to lay the resolution upon the table.

The question being taken, the motion to lay on the table was agreed to.

Miscellaneous.

Mr. TRAER. I offer the following resolution: "Resolved, That the committee on schedule be instructed to report an article providing for retaining in office the present legislature and State officers, until the expiration of their terms of office under the present constitution."

I desire to say, that my object in introducing this resolution is to settle the question, whether we will determine to have a general election under the new constitution, of the present State officers, and the legislature, or whether we will

[February 21st

retain them. I think it is necessary to have that question determined. If we determine to have a general election after the adoption of the constitution, it will be necessary that we should re-district the State. My object in introducing this resolution is to settle that question definitely, so that the committee on schedule can report an apportionment, if necessary. I do not desire to discuss the question at any great length, and I only make this simple statement for the purpose of showing my object in introducing the resolution.

Mr. JOHNSTON. This is a very important resolution, and the subject to which it relates is one to which I have paid very little attention. I am in doubt in regard to some of the officers, and, indeed I have not made up my mind in regard either to the legislature or other State officers. I presume there are many members of the convention in the same position with myself. I should like a little time to consider the subject, and I therefore move to lay the resolution upon the table, for the purpose of considering it hereafter. I do not make this motion for the purpose of defeating it, but for the purpose of considering it.

The question was taken, by yeas and nays, upon the motion to lay the resolution upon the table, and it was agreed to; yeas 21, nays 13, as follows:

Yeas-The President, Messrs. Ayres, Clarke of Johnson, Gibson, Gillaspy, Hall, Harris, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Patterson, Peters, Price, Robinson, Scott, Seely, Solomon, Winchester and Young.

Nays-Messrs. Bunker, Clark of Alamakee, Clarke of Henry, Day, Edwards, Ells, Emerson, Gower, Gray, Skiff, Traer, Warren and Wilson.

Mr. BUNKER. In order to give the committee an opportunity to complete their reports, I move that the convention adjourn until two o'clock P. M. on Monday.

upon.

The PRESIDENT. There are some reports of special committees, which are not fully acted Mr. EDWARDS. I move to take from the table the report of the committee on the right of suffrage.

The PRESIDENT. The whole subject was referred to a select committee.

Mr. HARRIS. I move to amend the motion to adjourn so that, instead of 2 o'clock P. M. on Monday, we shall meet here at 10 o'clock A. M.

The question was taken upon the motion to amend, and it was not agreed to upon a division; ayes 10, noes 14.

A motion was made to adjourn until 9 o'clock A. M., on Monday, which was not agreed to.

The PRESIDENT. The question now recurs upon adjourning until Monday at 2 o'clock P.M.

Monday]

[February 21st

question will not be taken up now. I am in the same situation as the gentleman from Jasper, [Mr. Skiff.] I supposed, after the vote of the convention yesterday, that this subject was laid over till Monday, and I expected, before that time, to make a thorough examination of these two systems. I am now totally unprepared to vote upon this question, or to express any views in relation to either of the systems proposed by the majority and minority reports. These systems are both entirely new to the people of the State, and propose an entire change, not only in the school system of the State, but in the management of the school fund and school lands.

I agree with the gentleman from Des Moines, [Mr. Hall,] in what he said, that the subject of education was perhaps the most important subject that could come before this convention. I hope we shall not be driven into an examination of the subject, when it is evident to the minds of the convention that the gentlemen who have thought most upon the subject, who have prepared these reports and are therefore the best able to enlighten us upon this subject, are not

The PRESIDENT. It is not necessary for the gentleman to make any such motion to accomplish his object. He can move that the convention resolve itself into committee of the whole upon this subject.

Mr. WINCHESTER. I make that motion, then.

The question was taken, and the motion was agreed to.

In Committee of the Whole.

The Convention accordingly proceeded, in committee of the whole, to consider the report of the committee on education and school lands, [Mr. Parvin in the chair.]

The CHAIRMAN. The question pending before the committee when they last rose was upon the motion of the gentleman from Jefferson, [Mr. Wilson,] to substitute the minority for the majority report, and upon that question the gentleman from Scott, [Mr. Ells,] was entitled to the floor.

Mr. ELLS not claiming the floor,
Mr. SKIFF said-

For my

It seems that members of the convention have not examined this question much, having expected to hear from the gentleman from Des Moines, [Mr. Hall,] an explanation of the majority report, and having also expected to hear from the gentleman from Scott, [Mr. Ells,] an explanation of the minority report. own part, I am not prepared to vote upon this question now. If we consider this matter now in committee of the whole, it will have to undergo a full consideration when it comes before the convention. I do not consider that there is anything to be gained by considering this subject in committee of the whole now, and I would prefer to have the matter laid over for the pres

ent.

Mr. CLARKE, of Johnson. I hope that this

part in the discussion at this time. For my part, I prefer the minority to the majority report, as the matter now appears to my mind. But this preference I give from a very hasty examination of the subject, and I am not certain in my own mind, whether I would not prefer something else to it. I desire to make a more extended examination of this subject than I have yet been able to do, and I presume other.members would like to have the same opportunity. I move, therefore, that the committee rise, report progress, and ask leave to sit again.

The question was taken, and the motion was agreed to, upon a division, ayes 16, noes 8.

In Convention.

The PRESIDENT having resumed the chair, The CHAIRMAN reported that the committee of the whole, to which had been referred the reports of the committee on education and school lands, had instructed him to report that they had had the same under consideration, had made some progress therein, and asked leave to sit again.

Mr. CLARK, of Alamakee. I object to the committee having leave to sit again, and upon that question I call the yeas and nays.

The question was then taken, by yeas and nays, and it was decided that the committee have leave to sit again, yeas 23, nays 10, as follows:

Yeas-Messrs. Bunker, Clarke of Johnson, Ells, Emerson, Gibson. Gillaspy, Gower, Gray, Hall, Hollingsworth, Johnston, Marvin, Palmer, Parvin, Peters, Price, Robinson, Scott, Skiff, Solomon, Warren, Wilson and Young.

Nays-The President, Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Day, Edwards, Patterson, Seely, Traer and Winchester.

Mr. CLARKE, of Johnson. As there seems to be no business before the convention, I move that we adjourn until half-past nine o'clock on

Monday]

The convention met at half-past 9 o'clock, A. M., and was called to order by the President. Prayer by the Chaplain.

The journal of Saturday was read and approved.

Petitions Intoxicating Drinks.

Mr. WINCHESTER. I ask leave to present the petition of J. W. Rogers, and 162 others, citizens of Fayette county, requesting that there be incorporated into the constitution substantially the following provision, in article three, section five;

"The legislature shall have power to pass laws regulating, restricting or prohibiting the manufacture or the traffic in intoxicating liquors, and to that end may confiscate all liquors manufactured or sold in violation of its acts."

I move that this petition be referred to the committee on miscellaneous business, and I hope they will give it the consideration which the importance of the subject demands. I am happy to have the opportunity of presenting from so large a number of my own constituents, a memorial so sound upon this great moral question. However impracticable it may be to carry out that principle at the present time by legal enactments, I hope the time is not far distant when it will be deemed not only practicable but expedient.

The motion to refer was agreed to.

Reports of Committees.

Mr. YOUNG asked to be excused from serving upon the committee on the schedule, and that some other member be appointed in his place.

Mr. Young was excused, and Mr. Skiff was appointed to fill the vacancy.

[February 23d

Worth, and those west of it, on the Minnesota line, may be organized without additional territory.

Sec. 3. The boundaries of the State may be enlarged, with the consent of Congress and the General Assembly.

Sec. 4. Every person elected or appointed to any office shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.

Sec. 5. In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term, and no longer, unless re-elected; and all persons appointed to fill vacancies in office, shall hold until the next general election only.

Sec. 6. The State University shall consist of a single institution, and be permanently located at Iowa City. The present State Capital, with such improvements and additions as may be provided for by law, shall be occupied by the State University, when not used by the State for other purposes.

Sec. 7. The General Assembly shall not locate any of the public lands, which have been, or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted, shall not exceed three hundred and twenty acres. On motion of Mr. SKIFF,

One hundred copies were ordered to be printed for the use of the convention.

Incorporations.

Mr. WILSON from the select committee to whom was referred the report of the standing committee upon incorporations, with the amendments made thereto, submitted a majority report upon that subject. The first section remains unchanged. In the second section, first line, the words "corporations may sue and be sued," are stricken out, and in line two, after the word "persons," all the remainder of that line and the next are stricken out. The third section

-.

Section 1. The jurisdiction of Justices of the Peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to any real estate may arise,) where the amount in controversy does not exceed fifty dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars.

Sec. 2. No new county shall be hereafter created containing less than four hundred and thirty-two square miles; nor shall the territory of any organized county be reduced below that amount; Provided, however, that the county of

rectly," in line fourth. Sections five to fifteenth inclusive are stricken out; also sections eighteen, nineteen and twenty; some changes being made in sections sixteen and seventeen. So that the report now reads as follows:

ARTICLE 8.

Section 1. No corporation shall be created by special laws; but the General Assembly shall provide, by general laws, for the organization of all corporations hereafter to be created, except as hereinafter provided.

Sec. 2. The property of all corporations for pecuniary profit, now existing, or hereafter created shall be subject to taxation, thesame as that of individuals.