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JOHNSTON-GILLASPY-WINCILESTER-CLARKE, of J., &C.

equal force to those escaping from labor, &c.? Why not? That which is the legal due of the citizen of one State, by the statutes thereof, may otherwise be cancelled by the laws of another; and it would seem clear that the courts of a

State cannot euforce rights created by the laws of another State, which are in violation of its own laws. But they may hand the parties over to have their rights determined by the courts of the State where the rights are created and obligations incurred.

(February 23d

Mr. WINCHESTER. I will move to amend, by adding, "provided that the printer has material enough on hand without sending to the foundry for more stock."

Mr. GILLASPY. We have a printer at Davenport, and if this cannot be printed here we can send it there.

ing any disrespect to any of these gentlemen, I Mr. CLARKE, of Johnson. Without intendshall vote upon this proposition as upon the other against the printing. The gentleman from The undersigned can, (whether so intended Wapello [Mr. Gillaspy] has announced repeator not) only look on the amendment as it stands edly that the Republican party are responsible as a full and complete nullification of any laws for what is done here, and the papers of the Congress might pass in aid of those provisions party to which that gentleman belongs will of the constitution of the United States before trumpet it through the country, that the Repubreferred to, and a solemn protest against com-lican party are spending their time in the displying with the demands that may be made for persons who may have escaped from other States

in either case.

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Mr. JOHNSTON and Mr. GILLASPY moved that one hundred copies of the reports be printed for the use of the convention.

cussion of this nigger question. The attempt is now being made to misrepresent upon that ground, the position of at least a majority of the Republicans upon this floor. And if we print this report, gentlemen will go home and shake these reports in their hands and say, see how the Republican party are spending their time and the money of the people in printing their reports on niggerism. I am not willing to give them that opportunity. Hence I voted against printing the report this morning, and I shall vote against printing these.

Mr. GILLASPY. I think that the gentleman from Johnson [Mr. Clarke] will be found to The PRESIDENT. The Chair will say that have been the first man upon this floor to say the report embracing that article was referred that the Republican party would be responsible to a select committee, with instructions to con- for the action of this convention. I understand fine their attention to sections oue, four, ten and that since that time he has repudiated the Reeighteen. The majority of the committee re-publican party. I do not know now that he is port back the article, agreeing upon three of the champion of the Republican party. So far these sections. That is the report. as I am concerned, I have no particular desire to port was accompanied by the Chairman's resee these papers printed, although I shall vote marks which he read here. Differing with these for it. My agency has expired, so far as preremarks, another gentleman presents his views. senting this report is concerned, and as there Does the gentleman from Wapello [Mr. Gillaspy] seems to be a disposition to object to the printdesire to have these lattor remarks printed, or ing, I move a call of the convention, that Mr. Harris may be brought in to answer for himself.

Loth?

That re

Mr. GILLASPY. I supposed that these papers were intended as reports, and not merely arguments or speeches.

The PRESIDENT. They are arguments. Mr. GILLASPY. Well, sir, if there is a disposition not to have them printed, I shall move a call of the convention, in order that Mr. Harris can be brought in here to answer for himself. I suppose it would be proper to print the whole. I understand that a report presented this morning, as much of an argument and as much like a speech as these, upon the right of suffrage, has been ordered to be printed by the action of the convention this morning. Mr. Harris was too unwell to feel disposed to main here; but I know he desires to have this paper printed, and I presume that the other members of the committee wish this report printed. If there is a disposition not to priut, I shall move a call of the convention, in order that Mr, Harris may be brought in here to answer for himself.

re

The motion for a call of the convention was agreed to.

Upon calling the roll, the following were the absentees:

Messrs. Cotton, Day, Eils, Harris, Marvin, Parvin and Todhunter.

On motion of Mr. PATTERSON, Mr. Day was excused.

On motion of Mr. GOWER, Mr. Parvin was excused.

On motion of Mr. WILSON, Messrs. Ells and
Todhunter were excused.
On motion of Mr. GRAY, Mr. Marvin was ex-
cused.

Harris be excused [Laughter].
Mr. CLARKE, of Johnson, moved that Mr.

Mr. GILLASPY. I know that Mr. Harris desires to come.

Mr. TRAER. I will inquire if he is any bet

Monay]

GILLASPY-TRAER-IIARRIS-BUNKER-WILSON, &C.

[February 23d

ter than he was a few minutes ago. I understood out of any disrespect to the members of the him to be confined to his room. committee or their arguments.

Mr. GILLASPY. No sir. He would desire to be here.

The Sergeant-at-Arms was sent for Mr. Harris, all the others having been excused.

Mr. TRAER moved that further proceedings under the call be dispensed with.

The PRESIDENT ruled the motion not to be in order, a sufficient time not having elapsed to answer the object of the call.

Mr. HARRIS appeared and took his seat.
On motion of Mr. BUNKER,

Further proceedings under the call were dispensed with.

The question was stated to be upon the motion of Mr. GILLASPY, to print one bundred copies of the reports of the special committee on the bill of rights.

1

Mr. HARRIS. I am very sorry to have put the Convention to any trouble in this matter. understand that there is some misapprehension in regard to this matter. I did not understand, until this morning, what was to be the character of the report upon the other side, whether one or two reports. But I learned this morning that there was to be but one report, though the majority did not concur in all respects. I found, upon consultation, that I disagreed with the majority of the committee in regard to sections one, four and ten-that is, I did not disagree with the gentleman from Jefferson, [Mr. Wilson,] in regard to the proper report to be made upon section four, but I disagreed with him as to the reasons why such a report should be made.

I was very unwell this morning, and am so yet, and do not feel able to be in attendance up on the sittngs of this body; otherwise, I would not have put the Convention to the trouble of sending for me. As to the printing of these reports, I have no objections to its being done.

Mr. WILSON. I have submitted my views in this report in relation to the fourth section of the bill of rights; but as I do not think the Convention will be a great deal the wiser by having mittee printed and laid before them, I shall vote the views of the different members of this comall this printing, I shall vote to reconsider the against the printing. And in order to get rid of vote given by the Convention a short time since, ordering the printing of the report of the select committee on the right of suffrage. I do not think my views, as expressed in this report, will shall vote against their being printed, being satenlighten the Convention a great deal, and I isfied that they will go into the regular report of the proceedings and debates of this Convention.

Mr. YOUNG. I voted to print the report of the select committee on the right of suffrage. but I did so with the intention to vote for a reconsideration at the proper time. I considered believe that it would be of any benefit whatever the report as merely an argument, and did not to us to have it printed; and I shall move a reconsideration of that vote when the proper time arrives.

different arguments submitted by the different And I shall vote against the printing of the gentlemen upon the select committee on the bill of rights. And if the motion to print, now beconsideration of the vote ordering the printing fore us, does not prevail, then I shall move a reof the former reports.

Mr. CLARKE, of Henry. I voted for the printing of the reports that were presented this morning from the select committee on the right of suffrage. And one reason why I did so was, that I supposed I saw a disposition manifested here, upon the part of some, to make political capital out of this question. And I was anxious that all gentlemen here, who desired to make, upon the floor of this convention, any political capital out of this or any other question, should have every chance to do so. I wanted to give them the opportunity to do so; I would let them alone; I would let them take all they wanted, without any restriction at all. If you do that, you will soon find that they will give up that game. It is only when you are afraid, when you betray any feeling of timidity as to what the people somewhere will say about this terrible negro, who has got into the wood pile here, that you encourage men to endeavor to make political capital of this matter.

Mr. BUNKER. I voted this morning against printing the report of the special committee on the right of suffrage, for the reason that this Convention has employed a reporter, and made other provision for the regular publication of the proceedings of this body. And hence the publishing of the report of a committee is of no practical utility, other than it may be laid before members here, so that they may know how to act upon it. Whenever a committee makes a report that it is necessary members should have before them, in order that they may know how to act upon it, such a report I think should be Now there is no political capital to be made printed. But these reports, this morning, are out of this subject. And men, who get up here, mere arguments as to why the various members and try to make political capital of this thing, of the committee came to certain conclusions. would do well to examine into this matter, and And as gentlemen will have all their arguments see how to use the capital bye and bye they reported and published in the debates of this may succeed in making here. No one need body, I do not see the necessity of their being be afraid of anything that comes before him, it published separately. For that reason I voted he acts with a good conscience, and with a deagainst the printing of the other report, and termination to do that which is right. If he shall vote against the printing of this one, not! will do that he may rest assured of the future ;

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if he will only not look back but ahead, when his record is completed, it will be all right.

In regard to this motion to print this report, I am perfectly willing it should be done. I will vote for it, if the motion comes from the other side of the house. If they can use this report in any way, I want them to have the full benefit of it. I am so conscious that the more this matter is talked about, and noised around, the more will the truth prevail, that I am perfectly willing the other side should have as many copies of these reports printed and circulated as they may see fit to order. If they will only circulate them, that is all I ask.

[February 23d

is a new era to be inaugurated. There is an attempt made upon the part of some gentlemen to introduce into the political arena another race of men, a race to which, thank God, I do not belong. Now I will state here, once for all, that my position is in favor of the white race, and of their keeping the exclusive control of this government-I want it understood-the exclusive control of this government. And I will vote against every proposition that looks to the introduction of any other race into the political action of this country.

Mr. EDWARDS. I do not see any necessity of printing these reports, for the reason that the I was rather surprised with the report of the standing committee upon the right of suffrage, minority of the select committee on the right of of which I had the honor to be the chairman, suffrage. I certainly understand the gentlemen was the first standing committee that made a [Messrs. Hall and Price,] who signed that re-report to this convention. That committee port, as agreeing with the majority that this unanimously agreed to recommend the article on matter should be submitted to the people. By the right of suffrage in the present constitution reference to the resolution, reported from the without amendment. Their report was not committee now on file here, it will be found that printed, and was the only report of a standing erasures were made in it, and that was done to committee of this convention that was laid upon satisfy one of those gentlemen, [Mr. Hall,] that the table without being ordered to be printed. he might consent to have it brought in here. Knowing that, I was rather surprised when this minority report was brought in here.

If the convention refuses to print the report now before us, I will vote to reconsider the vote ordering the printing of the other report, that all may fare alike.

these reports.

Mr. JOHNSTON. I cannot understand why there is any hesitation in regard to printing We have never refused to print the reports of committees when they have heretofore been presented to this convention. Is there anything in this particular subject before the convention, to make members any way timid to go before people? There is nothing unusual in the character of these reports. Here is the report of the committee on education which was printed without a single word of opposition, and the minority report has gone into an argument against the majority report. Look at the reports made by committees in both houses of congress. They contain arguments for the purpose of informing their respective houses upon the subjects in regard to which they treat. That is the object of a report; to examine into and state the reasons for or against a given propo

sition.

Now I desire to vote for the printing of these reports, because I wish to have the arguments of the gentleman from Henry [Mr. Clarke,] laid upon my table, for I have forgotten now what they were. So it is with regard to the arguments of the gentleman from Appanoose, [Mr. Harris.] Now I see no reason for making a difference in the treatment of these reports from what was bestowed upon other reports before this convention.

There is some little difference in the subject itself. Now I look upon this subject introduced here this morning, as the most important subject that can come before this convention. There

Subsequently the gentleman from Henry, [Mr. Clarke,] submitted the motion to have that report, as also the report of the committee on the bill of rights, referred to select committees. Let us look at our present position. We have passed a resolution to adjourn sine die on or before the fourth of next month. Now those very gentlemen who are trying to have these reports printed have made more buncombe speeches, trying to throw upon others the responsibility of endeavoring to prolong the sessions of this convention, than any others here. Now right upon the eve of a final adjournment of this convention, when every man is anxious to get through and go home, gentlemen get up here and ask to have these reports printed.

What do these reports consist of? The gentleman from Henry, [Mr. Clarke,] has merely submitted a resolution, a proposition in the form of a resolution, for the people to vote upon when they vote upon this constitution. In opposition to that is a long argumentative speech from the minority of that committee, which has already been printed in the form of a report to a former convention. Now I ask what light can this convention expect to derive from having all these various speeches, in the form of reports, printed and laid before us? None at all. If we wish to act upon this subject, let us take up the resolution which is directly in point, discuss it, and dispose of it. If we order these reports to be printed, it will be three or four days before we get them, and then gentlemen will want three or four days more to examine and reflect upon them. Thus the printing of these reports would have a tendency to prolong the sessions of this convention from a week to ten days longer than they would otherwise be.

I shall call for the yeas and nays upon this motion to print, so that the responsibility may fall where it belongs.

JOHNSTON-PALMER-YOUNG-SOLOMON-WILSON-SKIFF.

[February 23d

Monday]

Mr. JOHNSTON. I will second the call for the necessity of inaugurating at this late hour, the yeas and nays. this principle of not printing our reports. It is usual in all deliberative bodies to print all the reports made to them, both that part which may be considered as merely argumentative, and the other portions also.

The yeas and nays were accordingly ordered. Mr. PALMER. I think, as the gentleman from Lee, [Mr. Johnston,] has observed, that this is perhaps about the most important question except it may be, the banking question-that can come before this convention. And I believe the people feel more interest in this question at this time than in any other, except the one I have alluded to. They desire to know what is to be the action of this convention upon this subject of negro equality. I have been asked several times whether there would be any change in the constitution in regard to the word "white," wherever it occurs. And I have invariably replied that I supposed there would be no change. I thought, that although a few members might be in favor of some change, yet the majority would be in favor of leaving it as it is in that respect.

Committees are constituted, and these differ-
ent subjects referred to them, with the view that
they may give more attention to them than can
And it is to be
be given by the whole body.
expected, and nothing but right, that their
views should be spread upon the record, and
printed for the use of the convention, for whose
benefit and enlightenment they are acting. And
it is but due to this committee that we should
receive their views, and place them in such a
situation that we can read and understand them.
It is true that these reports have been read at
the Secretary's table this morning. But they
are somewhat lengthy and argumentative, and I
feel the need myself of some further and better
opportunity of examining them, so that I may

understand them. Therefore it is that I desire
other of our reports to be printed.
to have them printed, as we have ordered all

It is with a view to let the people know what particular members of the convention are doing upon this subject, that I shall vote for the printing of these reports. It has been said here that members of this convention have been misrepreMr. WILSON. The gentleman from Mills, sented by newspaper writers, in regard to their [Mr. Solomon,] is certainly mistaken in regard position upon this question. If that is so, I think to the report of the committee on the right of the very way to disabuse ourselves of these mis-suffrage being an entierty, and containing no arrepresentations is to let the record go forth to gument. The minority report included a long the world, and if the record misrepresents us, argument of the gentleman from Des Moines, let us correct that; but it certainly can misrep- [Mr. Hall,] as a member of that committee.

resent no one.

The question being then taken, by yeas and nays, upon the motion to print, it was not agreed to; yeas 15, nays 15, as follows:

Mr. SOLOMON. I did not draw any distinctinction between the report, and the argument contained in the report. I drew a distinction between printing a report, and the remarks appended to it, as I believe was the case upon the bill of rights.

Yeas-Messrs. Ayres, Clark of Alamakee, Clarke of Henry, Emerson, Gibson, Gillaspy, Hall, Harris, Johnston, Palmer, Patterson, Pe-tween the report submitted by the special comters, Price, Robinson and Solomon.

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Mr. JOHNSTON called for the yeas and nays, and they were ordered.

Mr. SOLOMON. I hope this motion will not prevail, and I will suggest one reason why it should not. I apprehend that the rejection of the motion to print which has just been made, was because the motion embraced not only the reports but the accompanying remarks. I do not understand that any remarks were ordered to be printed with the report in relation to which we are now called upon to vote. That report, I understand, was an entierty. Now I do not see

Mr. WILSON. I can see no difference be

mittee on the right of suffrage, and that of the special committee on the bill of rights, for there were reasons given in the body of each report for submitting certain propositions, and, as a matter of course, those remarks constituted a part of the report. And if we order the reports to be printed we order the printing of the remarks as part and parcel of the reports.

have already voted down the proposition to print I hope this printing will not be ordered. Wo the report of the special committee on the bill of rights, and I hope we will reconsider the vote ordering the other report to be printed, and dispose of it in the same manner that we disposed of the other report. We have before us in a printed form all the propositions contained in those two reports, except the proposition to submit a certain question to the people, and that resolution we can act upon without having it printed.

Mr. SKIFF. I shall vote in favor of the motion to reconsider, and against the printing of these reports, for this reason: there is only one point in the report of the select committee on the right of suffrage, only one idea, that of striking the word "white" out of the constitu

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tion wherever it occurs. And every delegate in this convention knows the effect of that proposition perfectly well. It is not like the report of the committee on incorporations, or the report of the committee on education and school lauds, and other reports where all the different parts of a regular system, organized and completed, are laid down. There is but the one idea in this report, and every delegate is just as well prepared to vote upon that resolution now, as if it should be laid upon his desk in a printed form. And farther than that; when the matter comes up for our action upon it, I am myself, and I suppose every other delegate here is, just as well prepared to vote upon it without a word being said, as I would be after a long discussion. I do not want to choke off any delegate who has eloquent speeches to make, but I am satisfied that not a mind will be changed by anything that can be said or done here.

Mr. HALL. I do not consider it a matter of much consequence whether these reports are printed for the use of members or not. I would not have arisen to have said one word upon this subject, but for some remarks of the gentleman from Henry [Mr. Clarke]. That gentleman submitted the report of the select committee on the right of suffrage to me as a member of that committee, and I suggested some modifications to him. But I thought it was distinctly understood that I did not approve of the proposition in any form. But inasmuch as it was to be reported, I was desirous to have it prepared in such a shape that my judgment would approve of it, in case I should be in favor of it. I did not anticipate that, after what I had said in this convention, and after my known opinions upon this subject, the gentleman would leave me with the impression that I was in favor of that report, or would vote for it when it came up before the convention. I regret that the gentleman should have so misunderstood my position upon this subject.

The subject was deemed of sufficient importance by the convention, after it had been gone over by a standing committee and discussed here, incidentally at least, to a very considerable extent, to have it referred to a select committee. The people of this State had the rig it to presume that we considered this subject as clothed with an importance that did not pertain to other subjects in our constitution. But few of them have gone through the forms this has, having been acted upon by a standing committee, and then by a select committee. When it was referred to that select committee, it was as well known to this convention then as now, that this committee, as it was composed, would have diversity of opinion. The very moment the committee was announced, the convention knew they could not agree upon the subject, from the discussions which had previously taken place. They knew there would be a majority and a minority report. I believe it was the duty of that committee, representing, as it did, both sides upon the question, to make these reports,

[February 23d

and I think it was their duty to give their reasons in their reports why they refused to agree with each other. I do not think it was disrespectful or improper for the minority to do so, but that it was their duty to do so. They have done so, and I hope, as far as I have any connection with that committee, that they have done so in a respectful manner.

That report is presented here, and a proposition is offered to print it, which is carried. Now a motion is made to reconsider the vote by which it was ordered to be printed. One gentleman says it is increasing the expense of the convention. Now I think that the printing of reports made this morning would not cost as much as will the efforts to prevent their being printed. I think that we have been acting penny-wise and pound-foolish in this matter, by occupying so much time, and increasing our de

bates.

Other gentlemen object to the printing, because they say there is an effort to make political capital out of this matter. I suppose they refer to the minority here. The only object or effect which the printing of these reports can have of the tendency to make political capital, is by reaching the cars of the people sooner. If a hundred copies of these reports are printed, they will be distributed among the different papers, and the views of the minority and majority will in that way reach the ears of the people. Now if gentlemen are anxious to keep their views from the people, for fear of the political capital that would be made if they were not kept back, then they are right in voting against the printing of these reports.

I do not believe the question of the expense is any justification at all for refusing to print these reports, and distributing them throughout the State. It will cost but a mere trifle to bave that done, and without feeling very tenacious about the matter, I shall vote in favor of the printing, because it is the usual and common

course.

This is the first time during the sitting of this convention that we have refused to print a report, when the authors of it asked to have it printed, and a large number of gentlemen here desired it.

Besides, I do not think it is exactly courteous to refuse the motion to print. If the minority here-taking party as the dividing line-desire to have the reports of the majority and minority printed, it strikes me that there is something of courtesy due to that minority. We have said here that we desire to have these reports printed, that they may be sent to the country immediately, sooner than they could be sent if they are only published in our debates. That 13 the reason I want to have these reports printed. And it does seem to me that the majority will be uncourteous and unkind towards the minority, if they refuse to let this matter go to the country, in which the minority feel as strong an interest, with as strong faith in the justice of the side they have espoused here as the majority possibly can.

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