Mr. PARVIN took the chair, and said. Accept my thanks for the distinguished honor, you have conferred upon me, in calling me to preside over this temporary organization. In return for such an unexpected favor, I can only assure you, that nothing in my power, shall be omitted, to promote the happiness and harmony of the members of this Convention. [January 19th. Mr SPRINGER moved, that Mr. Clarke, of Johnson, be appointed to invite a clergyman to open the Convention with prayer, who introduced Rev. Mr. Young. Prayer by Rev. Mr. YOUNG. On calling the roll all the members appeared, except Messrs Bunker, Cotton and Peters. Mr. R. L. B. Clarke, moved a committee on credentials carried; and the chair appointed Messrs Clark of Henry, Hall, Todhunter, Palmer and Wilson. Mr. CLARKE of Johnson moved to adjourn till 1 o'clock to morrow,which motion was withdrawn at the request of Mr. Johnson, to receive propositions for a future place of meeting. The president then read propositions from the Common Council of Dubuque and Davenport, respectively inviting the Convention to meet at those places in case they should adjourn from Iowa City. On motion of Mr. ELLS, Dr. T. J. Saunders Mr. ELLS moved that the propositions be laid was appointed Secretary; and on nomination of on the table, untill a permanent organization Mr. Traer, E. N. Bates was appointed Assistant was effected. Secretary, pro tem. Mr. HARRIS moved as a substitute, that the On motion of Mr. CLARKE, of Johnson, Sam-propositions be referred to a committee of three nel C. Trowbridge was appointed Sergeant at to report at a future meeting. Arms; on motion of Mr. Wilson, Francis Thomp- Mr. GOWER moved to amend by inserting five son was appointed Door-keeper; on motion of members, which motion was accepted. And the Mr. Warren, J. H. Merrill was appointed Fire-motion as amended, prevailed. The President man; on motion of Mr. Todhunter, James Hawkins appointed as that com. Messra Ells, Emerson, was appointed Messenger, and on motion of Mr. Springer, Clark of Johnson, and Edwards. Clarke of Johnson, George Clearman, was appointed Assistant Messenger. Mr. Clarke renewed his motion to adjourn to 10 o'clock to-morrow, which prevailed. Tuesday] NAMES OF MEMBERS. The CHAIRMAN announced the first business in order to be the report of the Committee on Credentials. Mr. CLARKE, of Henry, from the Committee on Credentials, made the following report: The Committee on Credentials and Qualifications of Members report the following persons as duly qualified, and entitled to seats as members of the Constitutional Convention for the State of Iowa, assembled January 13, 1857: First Senatorial District, Edward Johnston. William Patterson, Eleventh 44 Thirty-third Thirty-fourth" Jer'h Hollingsworth, [January 20th. The question being taken, the resolution was adopted. Mr. CLARKE, of Johnson, offered the following resolution: Resolved, That the Convention do now proceed to the election of a permanent President and other officers, rica core. The resolution was adopted. The CHAIRMAN stated the first business to ha the election of President, and requested members to make their nominations. Mr. CLARKE, of Johnson nominated Francis Springer, Esq., from the Thirteenth Senatorial District. Mr. JOHNSTON nominated Jonathan C. Hall, Esq., from the Fourth Senatorial District. The Secretary then proceeded to call the roll, which resulted as follows, viz: For Mr. Springer-Messrs. Bunker, Clarke of Henry, Clarke of Johnson, Clark of Alamakee, Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seeley, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young -20. For Mr. Hall-Messrs. Ayres, Cotton, Day, For Mr. Parvin-Mr. Springer-1. The CHAIRMAN thereupon announced Mr. tion. Messrs TODHUNTER and GIBSON were appointed by the chair a committee to conduct the President elect to his seat; which they did accordingly. Upon assuming the chair, The PRESIDENT addressed the Convention as follows: Gentlemen of this Convention :---I return to you the homage of my hearty thanks for the honor of being chosen to preside over your deliberations. In signifying to you my appreciation of this distinguished testimonial of your confidence and regard, I must confess that I feel embarrased by a sense of my inability to bring to the Chair the experience and acquaintance with parliamentary practice, the possession of which would be considered necessary to justify your choice. Under these circumstances, I shall have to throw myself upon your kindness, and bespeak your forbearance and friendly co-operation in my endeavors to discharge acceptably the various, and sometimes difficult duties of a presiding officer-praying you to be assured of the disposition I cherish to serve you On motion of Mr. CLARKE, of Johnson, the faithfully and impartially, and of my hearty report was adopted. PERMANENT ORGANIZATION OF THE CONVENTION. Mr. WINCHESTER offered the following resolution: readiness to contribute my mite toward a satisfactory performance of the important work we have been sent here to accomplish. With us, the Sovereignty of the l'eople" is a conceded axiom. We are the representatives of Resolved, That until otherwise ordered, the that sovereignty, charged with the duty, and officers of this Convention shall consist of a Pre- clothed with the power, of revising their organic sident, a Secretary, an Assistant Secretary, a law. I am sure I need not remind the intelliSergeant-at-Arms, a Door-keeper, a Fireman and gent members of this Convention of the high First and Second Messengers. responsibility of this trust. The constitution of a State may be regarded, to a certain extent, as a fixed and permanent instrument, a higher law, for the guidance, not only of individual | members of the Lody politic, but also a law to which the various departments of the government, in their action, must conform. It is the foundation upon which the superstructure of the legislation and jurisprudence of the State rests. Upon its character and principles the prosperity and happiness of the social compact may be said much to depend. It is looked upon as embodying the spirit and policy of a people. It is in a word "positive law." That this great trust will be performed by the members of this Convention, wisely and well, I entertain no doubt, meeting the just expectations of an enlightened constituency, and imparting fresh vigor and vitality to the advancing steps of our noble young State in her career to the high destiny which lies before her. The PRESIDENT ennounced the next business to be the election of the remaining officers of the Convention, and requested members to make their nominations for the office of Secretary. Mr. ELLS nominated Thomas J. Saunders, of Scott county. Mr. GILLASPY nominated Phillip B. Bradley, of Jackson county. The roll being called, it resulted as follows: For Mr. Saunders.-The President, Messrs. Bunker, Clarke, of Henry; Clarke, of Johnson; Clark, of Alamakee; Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seeley, Skiff, Todhunter, Traer, Warren, Wilson, Winchester and Young-21. For Mr. Bradley--Messrs. Ayres, Cotton, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Thurston, Palmer, Patterson, Price, Robinson, Solomon-14. The PRESIDENT declared Mr. Saunders duly elected Secretary of the Convention. The CONVENTION then proceeded to the election of Assistant Secretary. Mr. GRAY nominated Ellsworth N. Bates, of Linn county. Mr. PALMER nominated J. C. Burns, of Johnson county. The SECRETARY proceeded to call the roll, which resulted as follows: For Mr. Bates-The President, Messrs. Bunker, Clarke of Henry; Clarke, of Johnson; Clark, of Alamakee; Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seely, Skiff, Todhunter, Traer, Warren, Wilson and Winchester-21. [January 20th. Mr. GILLASPY nominated D. F. Gaylord, of Wapello county. The roll was then called, and resulted as follows: For Mr. Trowbridge-The President, Messrs. Bunker, Clarke, of Henry; Clarke, of Johnson; Clark, of Alamakee; Edwards, Elis, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seeley, Skiff, Todhunter, Traer, Warren, and Winchester-21. For Mr. Gaylord--Messrs. Ayres, Cotton, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Price, Robinson, and Solomon--14. The PRESIDENT declared Mr. Trowbridge duly elected Sergeant at Arms. The CONVENTION then proceeded to the election of Door-Keeper. Mr. TODHUNTER nominated Francis Thompson, of Johnson county. Mr. AYRES nominated J. Page, of Johnson county. The roll was then called, and resulted as follows: For Mr. Thompson-The President, Messrs. Bunker, Clarke, of Alamakee; Clarke, of Henry; Clarke, of Johnston; Edwards, Ells, Gower, Gray, Hollingsworth, Marvin, Parvin, Scott, Seeley, Skiff, Todhunter, Traer, Warren, Wilson, Winchester, and Young-21. For Mr. Page-Messrs. Ayres, Cotton, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Price, Robinson and Solomon--14. The PRESIDENT declared Mr. Thompson duly elected Door-Keeper. election of Fireman. Mr. WILSON nominated J. H. Merritt, of No other nomination being made On motion of Mr. WARREN, the vote ou his election was ordered to be taken by acclamation, which being done, Mr. Merritt was unanimously elected Fireman. The CONVENTION then proceeded to the election of First Messenger. Mr. WINCHESTER nominated James Hawkins, of Johnson county. Mr. HALL nominated Willis Conard, of Johnson county, for the office of First Messenger. He is a worthy young man, poor and unfortunate, having broken his hips not long since. I do not know what his politics are. (Laughter.) I believe he has none. Mr. CLARKE, of Johnson.--The young man nominated on our side is an orphan boy, who is endeavoring to educate himself, and I am For Mr. Barns-Messrs. Ayres, Cotton, Day, The PRESIDENT declared Mr. Bates duly elected Assistant Secretary. The CONVENTION then proceeded to the election of Sergeant at Arms. Mr. GOWER nominated Samuel C. Trowbridge, of Johnson county. The roll being called, resulted as follows: For Master Hawkins-The President, Messrs. Bunker, Clark, of Alamakee; Clarke, of Henry; Clarke, of Johnson; Edwards, Ells, Gower' Gray, Hollingsworth, Marvin, Parvin, Scott, Seeley, Skiff, Todhunter, Taer, Wilson, Winchester, and Young-20. For Master Conard-Messrs. Ayres, Cotton, Day, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Price, Robinson, and Solomon-14. The PRESIDENT declared James Hawkins duly elected First Messenger. The Convention then proceeded to the election of second messenger. Mr. SEELY nominated George Clearman, of Johnson county. Mr. HALL nominated Willis Conard, of Johnson county. Mr. CLARKE, of Johnson. I would ask the gentleman from Desmoines (Mr. Hall) if the young man he has nominated, is not now in the employment of the Legislature? Mr. HALL. I do not know as to that. All I know is that he will fill the office creditably, if elected. Mr. CLARKE. I do not question that; I asked the question merely that we might be informed as to his present employment. The roll being called resulted as follows: of the State of Iowa." Mr. HALL. Mr. President; I differ from the gentleman from Jasper, (Mr. Skiff) I understand that we come here for the very purpose of altering and violating the Constitution of the State of Iowa, and I do not therefore, feel that I can take the oath to support that Constitution. I want to alter it, break it down, tear it to pieces, and build it up again. I am willing to take the oath to support the Constitution of the United States. That I think is a very important oath these times; but I want to be above the Constitution of Iowa in this Convention. January 20th olution passed by this body requiring its members to take that oath would not be obligatory upon any one. They would be at liberty to take it, or refuse to take it as they should see fit. Now, I believe every member of this Convention will act in good faith without any such oath. I am willing to take one to support the Constitution of the United States, and the laws of this State. But as the gentleman from Des Moines (Mr. Hall) has said, it certainly cannot be expected that we will take an oath to support the present Constitution of Iowa, as we have met here on purpose to overthrow that one and build up another. Mr. PALMER. Mr. President; I believe if this resolution is to be passed, the amendment should be adopted. I think that if we are sworn to support the Constitution of the United States it is proper that we should be sworn to support the Constitution of the State of Iowa. Mr. PARVIN. I hope the resolution will be adopted without the proposed amendment. I think it is but right and proper that we should be under the obligation of an oath to support the Constitution of the United States, but it would be improper to oblige us to take an oath to support the Constitution of this State. The act which authorized the meeting of this Convention, says nothing about an oath. It is with us whether we shall take one or not. In my opinion it is proper that a body of this kind should be under the sanctity of an oath, and one that should not include too much. As the gentleman from Des Moines (Mr. Hall) says, we have met here to amend, overthrow, disregard and change the present Constitution. Let us adopt the resolution without the amendment. Mr. TODHUNTER Mr. President; I do not think we have any right to say that we will not take any oath at all. I believe we are under obligation to take an oath, and I am of the impression that the one indicated in the resolution I have offered is a proper one for us to take. As already suggested by the gentleman from Des Moines, (Mr. Hall) we have come here expressly to alter, violate, amend and change the whole of the present Constitution, and therefore we should not be required to take an oath to support the Constitution of the State of Iowa. But it is only right and proper that we should take an oath to support the Constitution of the United States, and to faithfully discharge our duties as delegates to this Convention. Mr. CLARKE, of Henry. Mr. President, in regard to this matter, I think if we are to adopt the resolution we should adopt the amendment. We meet here, it is true, to alter and amend the Constitution of the State of Iowa, but we meet here under that Constitution, and we will be under it until the one we may get up, if we get up Mr. CLARK, of A. Mr. President; It very fre- one, shall have been sanctioned by the people of quently happens that in the legislative enact- Iowa. Until then this is still the constitution of ment that authorizes the calling of a Constitu- Iowa. But I cannot see any necessity for our tional Convention, there is a provision requiring taking any oath at all. There is no provision its members to take a certain oath. There is no of law for it; there is no necessity for anything such provision, I believe, in the act providing of the kind. It would seem as if we were very for the assembling of this Convention, and if anxious to show to the people that we are going there is not, then I am apprehensive that a res-to be very honest and very upright, and there Tuesday] OATH OF OFFICERS, fore we will swear upon the Holy Evangels that we will support the Constitution of the United States, &c. Now I do not believe any one of us will be more inclined to do this duty after taking an oath than before. I think that at all events, if we pass the resolution we should pass the amendment also. [January 20th. the United States, and to faithfully discharge their duties as delegates to this Convention." The form of oath afterwards unanimously adopted, was this: "You solemnly swear that you will support the Constitution of the United States, and that you will honestly and faithfully to the State of Ohio, discharge your duties as members of this Convention." Now some such oath as that I think is suffi cient here, and I see no necessity for anything more. Mr. MARVIN. I would enquire if the present constitution of Iowa does not require every person elected to any office in this State to take an oath to support the Constitution of the State of Iowa? If so, I think that we are obliged to take that oath as members of this ConMr. WILSON. I hope the substitute of the vention. gentleman from Jasper [Mr. Skiff] will not be Mr. HALL. We stand here as the represent-adopted. I consider it proper that the mematives of the people in their sovereign capacity; bers of this Convention should take an oath of in a capacity above and stronger than the Con-office, and I believe the form of oath embodied in stitution itself. Now I want to put a question the resolution of the gentleman from Warren to members here. If we take an oath to sup- [Mr. Todhunter] is a proper one. For one, I port the Constitution of this State, of course should not like to swear to support the Constime mean that we will not violate that Constitu- tution of this State for reasons already suggesttion, and we intend the taking of this oath as a ed by the gentleman from Des Moines [Mr. support to our moral principle and to our con- Hall.] I think there should be an oath of ofsciences. Well, if gentlemen will show me fice, and such an one as members will be obliged how we are inclined to violate the Constitution, to take, and not merely request them to take it. and that this oath will be of any assistance in Let it be put in such a shape that all will have keeping us from violating it then I could see to take it, or we may find a portion of our memsome necessity for it. But I am opposed to an bers under the obligation of an oath and a poroath as a matter of mere formality. We might tion not under that obligation; and I suppose perhaps frame a Constitution here in conflict that any one who would take an oath to support with the Constitution of the United States; but the Constitution of the United States, the ConI cannot see how we could frame one in conflict stitution of the State of Iowa, &c., would not with the Constitution of this State. And an object to taking an oath even if the Constituoath to support the State Constitution would be tion of the State of Iowa was left out. I hope nugatory: it would be folly to take an oath that the substitute will not prevail. would have no effect on our action in any way. Hence, I shall oppose the amendment, and I have no objections to the original resolution. Mr. SKIFF. I will further modify my amendment so as to have the resolution read "the members of this Convention are hereby requested to take an oath to support the Constitation of the United States, the Constitution of the State of Iowa, &c." I change the word "required" to "requested." Mr. JOHNSON. This same question arose in the Convention of Ohio in 1851, and about the same arguments appear to have been used there as have been used here. The conclusion to which that Convention came was that it was not necessary to insert the words "to support the Constitution of the State of Ohio." That proposition seems to have met with very little favor there. I find by reference to the reports of that Convention that Mr. Vance, of Butler, introduced the following resolution: Mr. BUNKER. I do not see any serious difficulty either in the original resolution or the substitute. Yet as the original resolution seems to embrace all that is absolutely necessary, I prefer its adoption. But I do not conceive that this Convention will be violating the Constitution of the State of Iowa by any act we may perform here. The Constitution itself provides for this very Convention, for the altering and abolishing of this Constitution, and hence I do not see how we can be acting in violation of that instrument. But it seems to me that the original resolution is all that is necessary for us here. The question was upon the substitute offered by Mr. Skiff. On motion of Mr. Traer the substitute was laid upon the table. inal resolution, it was adopted. On motion of Mr. Clarke, of Johnson, the Sergeant-at-arms was dispatched for a competent officer to administer the oath to the mem bers of the Convention. Rules of the Convention. "Resolved, That the members of this Convention be and they are hereby required severally to take an oath to support the Constitution of the United States, and also an oath of office."To this an amendment was proposed similar to the one offered here by the gentleman from Jas- Mr. GRAY offered the following resolution: per [Mr. Skiff] but it was not favorably receiv- Resolved, That the rules governing the present ed. Mr. Harris, in order to bring the debate House of Representatives of this State be adoptto a close offered the following as a substitute: ed temporarily as far as applicable for the Gov"That the members elect be, and are hereby ernment of this Convention until otherwise orrequired severally to support the Constitution of dered. |