Mr. Samuels moved to amend, by

Providing a Code for the new members, and a copy of the Acts for such members as had not received the laws as provided by the last Session of the Legislature,

Which amendment was adopted.

The question being upon the resolution as amended,

Mr. Samuels called for the yeas and nays, which were as follows: YEAS-Albright, Anderson, Baldwin, Bonson, Brown, Coffin, Conkey, Connell, Creamer, Creel, Dewey, Dorland, Edie, Goodfellow, Greenleaf, Hall, Hamilton, Holmes, of Jones, Holmes, of Linn, Hyde, Jackson, Johnson, Kinert, Lyon, Lynch, McCall, McCrory, McKay, Neely, Pigman, Reid, Richman, Sargeant, Samuels, Smith, of Cedar, Stevenson, Tisdale, Turner, White, Williams Witter, Yeoman, Young, Mr. Speaker—53.

NAYS. Baldwin, Barker, Bigelow, Bryan, Clark, Corse, Franklin, Meek, Monroe, Moore, Newsam, Neal, Neely, Pigman, Tracy, Weatherington-13.

Resolution adopted.

Mr. Hamilton offered the following resolution, relating to the death of the late Messrs. Damon and Hinkle, formerly members of this House.

Upon suggestion of Mr. Franklin, the name of the late Reasin Pritchard, formerly member of this House, from the county of Muscatine, was included, and the resolution as amended, were unanimously adopted, and spread upon the Journal.

Whereas, by a dispensation of Divine Providence, he has been pleased to call from our midst, William Damon, Josiah Hinkle, and Reasin Pritchard, honorable members of this House, therefore

Resolved, That we express our deep and heartfelt regret, at the loss from earthly usefulness of our honored members, and hereby extend to their respective families our sympathies in their bereavement.

The Sergeant-at-arms, and Door-keeper elect, appeared, and took the oath of office, and entered upon the discharge of their duties. Mr. Neal, from the Committee appointed to inform the Senate of the organization of the House, reported that the Committee had performed that duty.

Message from the Senate, by Mr. Bradley, Secretary.

2

MR. SPEAKER:

I am instructed by the Senate to inform the House of Representatives that the Senate have appointed Senators Coolbaugh, Anderson, and Cleaver, a Commttee on the part of the Senate, to act in conjunction with a similar Committee on the part of the House to wait upon his excellency, the Governor, inform him of the permanent organization of the General Assembly, and ask if he has any Communication to make to them.

Upon motion of Mr. Edie,

P. B. BRADLEY,
Sec'y. Senate.

Rev. Mr. Morrison was chosen Chaplain of the House, for the Session.

Mr. Tracy, from the Committee appointed to inform the Governor of the organization of the House, and to receive any communication he desired to make to the General Assembly, reported that the Committee had performed that duty, and that the Governor would shortly send in his Message.

Mr. Hall offered the following resolution:

Resolved, That when the House adjourn this P. M., it shall be to Saturday, 10 o'clock, A. M., and that the regular Sessions of the House shall hereafter commence at 10 o'clock, A. M., and 2 o'clock, P. M. Which resolution was,

Upon motion of Mr. Witter,

Laid upon the table.

Messsage from the Governor, by the Secretary of State.

Read by the Clerk, as follows:

Gentlemen of the Senate,

and House of Representatives:

By an act of Congress, approved May 15th, 1856, there was "granted to the State of Iowa, for the purpose of aiding in the construction of Rail Roads, from Burlington, on the Mississippi river, to a point on the Missouri river, near the mouth of the Platte river; from the city of Davenport via Iowa City and Fort Desmoines, to Council Bluffs; from Lyons city,northwesterly to a point of intersection with the main line of the Iowa Central Air Line Rail Road, near Maquoketa; thence on said main line, running as near as practicable to the forty-second parallel, across the said

State, to the Missouri river; from the city of Dubuque, to a point on the Missouri river, near Sioux City, with a branch from the mouth of the Tete Des Morts, to the nearest point on said road, to be completed as soon as the main road is completed to that point, every alternate section of land designated by odd numbers, for six sections in width on each side of said roads."

The act provides, that if it shall appear,. when the lines of said roads are definitely fixed, that the United State have sold any sections or parts of sections so granted, or that the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the Governor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the right of pre-emption have attached, as aforesaid.

On the 10th of May last, all the lands lying within the probable limits of the grant, were withdrawn from market, and there is now an entire suspension of business in all of the United States Land Offices in the State, except in those at Decorah and Fort Dodge. The interests of the State require that the lands not embraced within the grant, should be opened to purchase and settlement, at as early a day as practicable. Under the construction of the Commissioner of the General Land Office, the title of the State does not vest in the alternate sections until the several lines of roads have been surveyed and maps of their location properly certified and returned to his office. He has therefore urged upon me the necessity, that the State take immediate measures to secure the lands granted, by an early compliance with the provisions of the act of Congress, and with the instructions of his Department.

Hence I have convened you, gentlemen, in special session, that you may determine,

1s'. Whether or not the State shall accept the grant made under th 15th of May last, and if so,

2d. Whether the lands granted shall be transferred to any specific railroad companies, and if so, to what companies they shall be transferred, and

3d. Upon what terms shall the transfer be made.

My experience in matters of this kind has been so limited, that

I am not prepared to submit to you any plan for the proper disposal of these lands. Your wisdom will doubtless mature a system which, while it promotes the present material interests of the State by developing its resources and advancing its settlement by the construction of lines of inter-communication, will protect the people against the sometimes oppressive monopolizing tendencies of powerful corporations.

Your session will be limited under the Constitution to a short period, and I shall therefore call your attention to only a few subjects, that seem to me of importance and which will not be calculated to excite debate and thereby protract your session.

I am unable to lay before you a statement of the financial condition of the State. The fiscal year has not expired, and the accounts of the Auditor and Treasurer have not been balanced and rendered.

The bonds of the State issued in 1846, for $55,000, mature on the 1st January next, in New York, and some provision should be made for their payment.

The introduction of Rail Roads within the State has rendered necessary an act more clearly defining the rights, duties and liabilities of railway companies. The law should declare that where death is caused through negligence or misconduct of the agents or servants of such companies, the same remedies shall be open in a suit at law, as for like injuries to the person resulting in disability and not in death. Among other things, the speed of trains passing through cities, and villages and across highways, should be regulated by law, and the disasters that have occurred in a neighboring State, have admonished us of the necessity for a law, prohibiting a company from carrying passengers over a new road, until it has first been examined and pronounced safe by a competent and disinterested Board of Engineers. It is evidently as much the duty of the State to protect the lives and safety of the citizens from accidents, resulting from carelessness, misconduct or cupidity, as from open and premeditated violence.

In the month of August, 1855, the workshops, attached to the State Penitentiary, were consumed by fire. The Inspectors immediately made arrangements for their speedy re-construction, for which they were compelled to contract an indebtedness against the Institution of about $2,900 00. Provision should be made for dis

charging that indebtedness, as well as for the completion of an additional number of cells. The Penitentiary is now crowded with convicts to its utmost capacity.

The Constitution confers upon the Governor of the State, "the power to grant reprieves and pardons and commute punishments after convictions," for offences against the laws. In a large proportion of cases, the friends of the persons convicted, endeavor to procure the exercise of this power; and as few, if any, of the judges preserve minutes of the testimony taken on the trial of criminal causes, these efforts are, for the most part, based upon ex-parte statements, made without the sanction of an oath, and obtained without notice to the Prosecuting Attorney, or other person representing the government. It is frequently alleged that there was error in the trial; that the judge mistook the law; that there was a mistake of fact by the jury; that there is newly-discovered evidence, showing the sentence to be unjust; or that the case, although within the letter of the law, was not within the spirit of it.

The interest of society require that this great power should be exercised with humanity, but at the same time with the greatest discrimination and caution. Justice to the officer who is compelled to investigate each case presented to him, as well as to the parties more immediately interested, requires that every fact proved upon the trial, should be accessible to him, to the condemned and to the prosecutors. I therefore recommend that the judges of the several District Courts, be required to reduce the evidence given in all criminal cases to writing, to be preserved as a permanent record in the county where the trial was held;-and that before any application shall be made to the Governor for pardon, a notice of the time and place, when and where the application will be presented, shall be served upon the Prosecuting Attorney of the county where the offence was committed.

It is to be regretted that the joint resolutions, passed by the House of Representatives, at each of its two last sessions, authorizing a revision, by a Board of Commissioners, of the laws in relation to schools and school lands, failed to receive the approval of the Senate. No one, who gives the subject a moment's consideration, can doubt the necessity for a thorough revision of the whole subject. With a large and constantly increasing school fund, our