Thursday] CLARKE, of H. [March 5th the wagon will come along soon, and then they whigs," were also republicans, and favorable to can all take a ride. the election of Mr. Harlan ! We must take the apportionment as already He knows better than to put up such a claim. established by law, or else proceed to re-dis rict He knows that some of those whig senators were the State, under the apportionment established "silver gray whigs," after the most modern achere. Now I do not believe that the committee ceptation of that term,-"to drink bad whisky on the schedule, or the republican party in this and vote the democratic ticket." He knows that convention, have been operated upon by any with the vote of Mr. Bryan, who was kept in the partizan policy at all in this matter. Now I do seat of a good republican-Mr. Jordan-for that not believe that other members of the republican purpose, enough of these modern whigs acted party I know it is so with the gentleman right with these modern democrats, to give them a around me here-are virtually working here for majority. Then why this attempt to hold the party purposes, and party effect. These gentlemen around me here, I know, are just as ignorant of this apportionment as I am. We must go to work and re-district the State, or take the system already established; they have concluded, therefore, to take the one already in ex istence. republican party responsible for the failure to sooner elect, and for the disgraceful attempt to defeat an election, by dissolving the joint convention, through a corrupt conspiracy between these modern whigs and democrats, to adjourn the senate over the time fixed for the next meeting of the convention? Now in regard to the history of the two par- to attempt to excuse, palliate, or disguise this There is no use, Mr. President, for democrats ties here. I do not believe in getting into such matter. The more it is stirred, the more it will questions here at all. I do not believe in going offend. And I scarcely know which I am the back and ferreting out what particular men of either party have done, or for what purpose the gentleman from Appanoose. most astonished at, the temerity, or the folly, of There were were any of their past deeds. I should dislike too many witnesses of the transaction, for prevery much to go back with the gentleman from varication or misrepresentation to meet with Jefferson, or any other gentleman here, in regard to the transactions, and history of the that occasion. And I well recollect that on the success. I myself was present in these halls on democratic party, in reference to gerrymander- evening of the fourth of January-I think it was ing of this kind, for fear I might hurt my friend Alamakee, [Mr. Clark,] or my friend from was universally public the next morning, that -a caucus of the republicans was held, and it Muscatine, [Mr. Parvin,] and a number of my the republicans and a part of the whig vote of other friends over the way, who were whilom the house would be concentrated upon Mr. Hargood democrats, but are now acting with the re-lan, and would ensure his election. I heard the publican party. It is rather a delicate subject, and I would not advise gentlemen to go back very far into the history of the past, for some how or other, we are all mixed up together there. But there is one thing, which has been the topic of discussion here, and to which I should not recur, had not the gentleman from Appanoose [Mr. Harris,] given to the transaction an incorrect history; and a false coloring. And even with this history, and this coloring, I would suffer it to be buried in the dead past, had not that gentleman further assured us that a high sanction had recently been given to that transaction by the Senate of the United States. Of course he means the democratic portion of that Senate. I refer, sir, to the election of Senator Harlan, in January, 1855. It is true, as the gentleman says, that the two Houses met in convention a number of times, and ballotted without success. And the gentleman attaches blame to the republicans for not having elected during these ballotings. He says the democrats got tired of these fruitless attempts. That the party electing Mr. Harlan were in a majority in both Houses! It is true that in the other House there was a republican majority. But in the Senate it was otherwise. The gentleman would not certainly claim that all those who occupied seats in this chamber, and who claimed to be "silver gray matter talked over in the streets early that I would only add, that at the hour to which the joint convention stood adjourned, a call was made-some democrats answered and participated, the balance were excused. And a full quorum appearing and participating, Mr. Harlan was elected by a majority of all the members of both houses. And the gentleman from Appanoose is mista ken in supposing that this proceeding on the part of the democratic senators, has been sanctioned by the Senate of the United States. The Senate of the United States has merely decided that these runaways were only too successful, in their dishonest and dishonorable attempt to defeat the will of the majority, and that Mr. Harlan was, therefore, not legally elected. Since then, sir, the people of the State have placed the stamp of their estimation upon it, and Mr. Harlan is now occupying that seat of which democratic trickery would have defrauded him, and from which democratic tyranny has once hurled him. Again, Mr. President, I must express my regret that this political discussion should have sprung up here just on the eve of our separation, when I had hoped that every thing of a bitter or unpleasant nature, of a partizan or a personal character, would have been avoided, or if referred to, only as of things which had been; or things which should be buried forever in oblivion. It has been drawn out by the unwise and impolitic thrusting forward of that unjust, and ungenerous, and uncalled for protest. Those who signed that protest in ignorance, I am willing to forgive. Those who signed it for political effect, I am anxious to forget. There is one thing, Mr. President, which I ought to have touched upon in connection with the democratic action in the senate in regard to Mr. Harlan, and that is the recent fraudulent elections of Bright and Fitch in Indiana. Mr. SKIFF. Mr. President, I call the gentleman from Henry, [Mr. Clarke,] to order. The PRESIDENT. The gentleman from Henry has spoken beyond his time. Mr. WILSON. To-day, when this paper was presented here, I intimated that I should have no objection to its being received, provided a majority of the committee on the schedule could have the right to present an answer in reply to this protest. I have looked that protest over since that time, and, judging from the subject. matter contained in it, and the various ingredients incorporated in it, I am willing to let the protest go with the journal as its answer, and shall, therefore, take no further steps on behalf of the committee to reply to it, and shall not ask the convention to grant us the privilege of presenting a formal reply to it, believing that it is answered completely by the journal. Mr. JOHNSTON. As this evening seems to be considered a good time for settling up old scores, I desire to say a few words in relation to a matter, in justice to myself and some of my friends now absent. I speak of it because it is important that the truth should appear in the debates of this convention. more cheerfully because there is nothing in the I do so the matter of a personal or unkind nature, and, therefore, I hope the convention will listen patiently to the few words I have to say. The other day, when we had presented to us [March 4th the question of the permanent location of the State Capitol and the State University at this time, the gentleman from Johnson [Mr. Clarke], in speaking of the different asylums and their locations in this State, stated that the commissioners, who had located the insane asylumn at Mt. Pleasant, had done so in violation of law. I do not mean that he had said that the location was made in violation of law, but that they had exceeded their powers, and thus acted in violation of law. I do not suppose that the gentleman from Johnson [Mr. Clarke] intended to reflect personally upon the conduct of those commissioners. I would not at this time notice the matter, because I have heard something of the kind before, unless it had gone irrevocably upon the debates of this convention. But being one of those commissioners myself, I think it is not proper for me to sit here and listen to this, without endeavoring to let this convention, and the world through our debates, know the truth about this matter. I think it is due to myself, and to my colleagues—one of whom is now the Governor of this State, and another (Doctor Clarke) is a constituent of the gentleman from Henry, [Mr. Clarke]-and it is important, too, that the people of this State should know something about this matter. And although it is not convention, I think it is as much so, and will kindred to any report that has been before this be as agreeable to members of this convention, as what we have already heard here this evening. The ind ture of this State made an appropriation of fifty In the winter of 1854 and 1855, the legislathousand dollars to commence the building of an insane asylum. The limitation was fixed at fifty thousand dollars, but a mere commencement of the building was contemplated. Governor of the State, Doctor Clarke, and myself, were appointed commissioners; and in accordance with the direction of the legislature, we proceeded to the East for the purpose of exam ning other institutions of a similar through the States. We found that the legisla ture had had very little idea of what was actually needed for such an institution, and indeed we ourselves had no idea of the magnitude of the subject. Having consulted the most eminent authorities in relation to that matteramong others, Doctor Kirkbright, of Philadelphia, and Doctor Bell, of Boston-we were advised by them not to attempt to erect any building for fifty thousand dollars. They told us further, that it was impossible to erect a proper building of this kind, unless it was erected as a whole as an entirety. time the commissioners had received letters This was in the spring of 1855. Prior to that there were human beings in this State howling from every part of the State. We heard that and gnashing their teeth in all the ungovernable phrenzy of madness and insanity. That there otherwise disposed of, in the most miserable conwere chained by the legs in out-houses, and Thursday] JOHNSTON-CLARKE, of J. [March 5th There are, at this moment, in this State, one hundred and fifty persons who ought to be inmates of a hospital for the insane. And two hundred or two hundred and fifty persons are all that can be accommodated in one building. And but few years will pass away before we will require another in the northern part of the State, because it is well known that great injury results to this class of persons, by being carried a great distance. dition, at least one hundred or one hundred and the State will require another insane asylum. fifty people all over this State. And the question forced itself upon the commissioners, whether they would abandon the attempt for the time, and wait until the session of the legislature for 1856 and '57, before they would do anything in regard to the matter, or take the responsibility upon themselves of building such a building as the wants of this unfortunate class of people demanded, and the dignity and the honor of the State required. In view of the situation of these unfortunate beings, the commissioners determined to take the responsibility of building such a building according to the most approved plan, and the latest model of construction. The legislature met, the same legislature that had appropriated fifty thousand dollars; they met in extra session the following December. And this same legislature, upon being informed verbally, for the commissioners had not time to make out a report, of the situation of the insane throughout the State, and the importance of having a different building from that they had contemplated, this legislature repealed the limitation which had been before placed upon the commissioners, and made another appropriation of fifty thousand dollars. Now the commissioners did not act in violation of law. There had been nothing done up to that time by the commissioners, but what could have been repealed by the legislature, and nothing been lost. And again, at the last session of the legislature a report was made by the commissioners to the legislature, stating all the facts, somewhat in the same manner as I have stated them here, this evening. And that legislature made another appropriation of forty thousand dollars. And the only reason they did not make an appropriation of one hundred thousand dollars, was that there were constitutional restrictions, as they supposed, against going over the sum of forty thousand dollars. This is the truth of this matter, and I desire to have it go upon the record along with what has been said by the gentleman from Johnson, [Mr. Clarke.] I take pleasure in saying, that I do not suppose that the gentleman had any intention to reflect personally upon the commissioners. But when the statement was made that the commissioners had acted in violation of law, it was important that I should get up in my place here, and make the statement I have made. I would have done so before; I would have done so at the time, but the previous question was called, and I have not had an opportunity since, until now. There is another matter I should like to speak of now very briefly, not because it relates to me personally, but because it is a matter of public interest. I refer to the location of these asylums. There was something said in the debates here about all these institutions being located in the southern part of the State. There was an attempt, as I thought, to array one portion of this convention against the other on that ground. Now let me say that it will not be long before Now another word in regard to the expense. It was said that this building was expensive; gentlemen emphasized that a great deal. It is true that, so far as regards dollars and cents, that building is expensive. But it is just the kind of building that class of sufferers demanded, and no other building would answer the purpose. It is a building planned by the highest authority in this country in those matters. And it is a building which we will be proud of in the future. Now let me say one word about these buildings, and then I will dismiss this whole subject. We find that no building of the kind can be properly constructed in this country for less than two hundred thousand dollars or two hundred and fifty thousand dollars; that is the of the insane, and some go even beyond that. lowest amount fixed by medical superintendents And as I before remarked, only some two hundred and fifty or three hundred persons can be accommodated in a building of this kind. So gentlemen will see that it was impossible for us, acting not only under oath, but in view of the responsibility of the position in which we were placed in regard to this unfortunate class of people who were scattered all over the State, to decide otherwise than to erect a building as their wants required, and such a building as would hereafter add to the honor and dignity of this great State, Mr. CLARKE, of Johnson. This seems to be an occasion for the settlement of old scores, and I am willing to do my part in the settlement of any which may be marked against me. It is true, that in the debate upon the removal of the capitol, I did charge these commissioners with having violated the law in the location of that asylum, and in the contract made for the erection of the building. Mr. JOHNSTON. There was no contract made. Mr. CLARKE, of Johnson. I regret that I have not the law authorizing this action of the commissioners; but their report is before me. thorizes them to provide for the erection of a My impression of the law is this: that it aubuilding, which would be capable of enlarge thousand dollars. Thursday] CLARKE, of J.-EDWARDS-HARRIS-PARVIN. censuring these gentlemen, whose efforts to ameliorate the condition of the insane are worthy of all commendation. I did not desire the other day, nor do I desire now, to cast any reflections upon any of these gentlemen. I frankly admit, that they did what they deemed to be their duty under the circumstances. I have no doubt they acted wisely and well. But if gentlemen, when they go home and turn to the report made by the commissioners, do not find that they confess themselves that they have gone beyond the terms of the law, I will very frankly own that I am mistaken. I deem it just to myself to say, that while I derive this information from that source, I feel it a duty I owe to myself and to these gentlemen to say that I believe they acted from correct motives and they acted as I trust every gentleman here would have acted in reference to that class of our population. I do not not want it to go out from this convention in our debates, that during the course of this session I have impugned the motives of a single gentleman, either upon this or any other question. And if the debates bear that construction, I now desire to disclaim any such intention, either with reference to the gentleman alluded to in the debate, the other commissioners, or any other gentleman upon this floor. I desire to make another remark here and it is this: I regret very much the subject of discussion to-night. I feel that it is unworthy of the position we occupy, and unworthy of us as men. We have been here for nearly seven weeks, engaged in the performance of the highest duties that can be committed to us as men; in the duty of framing a constitution to protect the rights of our fellow-beings. And it has necessarily happened that in the excitement of debate, and in the conflict of interests which have been here presented, some feeling has been elicited, and many unkind words have been spoken. But I do trust the sentiment of the resolution now lying upon the secretary's desk will be cordially responded to by us all. I take this occasion to say, that if, in the course of this debate, I have indulged in any severe criticism upon the conduct of others, I feel that I have had my full share in return. And I desire that when I shall leave this hall, and when I shall resign the position which I now occupy, and become again a privite citizen, to bury every feeling of ill-will, every feeling but that of kindness towards every member of the convention. My desire is that we shall part here as friends and not as partizans. However differently we may view the procedings of this convention, and the result of its labors, I hope at least that when we leave here, no member will entertain any cause of offence or unpleasant feeling to wards another for anything that has been said or done here. Such is my feeling and desire, and I do trust that the spirit of crimination and recrimination, which has been indulged in here, will from this time cease, and that the closing [March 5th hours of the convention will be marked by universal good feeling and harmony. Mr. EDWARDS offered the following resolution: “Resolved, That all personal differences which have occurred between members during the sittings of the convention, be sunk in oblivion and forgotten from and after this date." Mr. HARRIS. This resolution accords precisely with my sentiments. However excited I may have appeared at any time upon the question I was discussing, I am not aware of having entertained an unkind feeling toward any gentleman; and in what I said I did not intend to and I regret sincerely that anything of the kind excite the angry feelings of any gentleman here; should have occurred. Mr. EDWARDS. I hope the resolution may be unanimously adopted, in spirit as well as in word. For about seven weeks we have been confined here in the arduous and responsible duty of making a fundamental law for the government of the people of this State. It was to be expected that many questions of a political character would arise, that would produce conflict of opinion; and that in the heat of debate many unpleasant words might be spoken. But I trust there is no member upon this floor, when he thinks that soon we will all be wending our way to our distant homes, perhaps never again to meet in this world, who will entertain any bitterness of feeling toward any of his fellowmembers, after he shall have passed the threshhold of yonder door. If, by any word or act of mine, I have expressed myself in so emphatic a manner in debate as to have wounded the feelings of any gentleman here, it was not done intentionally, and I exceedingly regret that I should have made any such remark. I can say to-night, in all sincerity and truth, that I can leave this hall with the kindest feelings toward every gentleman upon this floor. I shall look back with pleasant emotions to the hours that I have spent within these walls. The associations that I have formed here will be among the most pleasant I have ever experienced, and I can truly say that the time spent here has been one of the happiest periods of my life. I hope that the same spirit will animate every member upon this floor. Mr. PARVIN. I cordially indorse the sentiment contained in the resolution. We met here some time since, right upon the eve of an excited Presidential election, elected as delegates to this convention, most of us upon party issues. I think, therefore, it is a most remarkable fact that, as a general thing, there has been an entire absence of party feeling in the debates that have occurred here. I was struck with a remark I saw in a communication in a Davenport paper a day or two since, upon this subject; in which the writer remarked that a stranger coming in here and listening to the debates would not suppose that there were any partizans here; that there was nothing of the kind exhibited here that would induce a stranger to think that the members were elected upon party grounds. We were sent here for a higher and nobler purpose than to display any partizan feeling, and I rejoice that it has been overlooked in the one great object of securing to our young and glorious State a constitution such as will give satisfaction to the people of the State, and afford a sure and stable foundation for our future prosperity. There is probably not an individual here who has secured everything in this constitution which he would have desired; but as a whole we have endorsed and adopted it by a very large majority, and I trust that our action will be sanctioned by the people in the adoption of our labors here. I hope, when we take the parting hand, as we shall soon do, that we may entertain for each other that fraternal feeling which should ever actuate such frail beings as we are. It was remarked by the gentleman who just took his seat, that we should perhaps never meet again on earth. In looking at the ambrotypes of the members which hang upon yonder wall, the thought occurred to my mind, who first of us will go the way of all flesh? This we know not, but certain it is that we are all going, sooner or later, "to that bourne from whence no traveler returns;" and whatever party feeling may have ever actuated us will soon cease to actuate us any more. Now it becomes us, as beings who are soon to meet our judge, to bury every feeling of ill-will towards each other. Let us then, in the spirit of the resolution, sink in oblivion all the unkind and uncharitable feelings which we may have entertained for each other, and let us carry out that beautiful sentiment which is so fraught in meaning, "Brethren, write your friendships in marble; your enmities in the dust." Mr. WILSON. I can vote cheerfully for the resolution now pending before the convention. It has been my misfortune during the deliberations of this body to be compelled to engage-I use the word compelled for I know none betterin discussions which have been of a personal character, I believe, however, that the records of this convention will bear me out in the declaration, that in no instance have I commenced a discussion of that character. Such discussions are not desired by me, and I never will engage in them until I am attacked. But they have passed now, and the relations which have existed between the members of this body are about to be broken. For one, I can certainly say with truth, that I can go from this hall with kind feelings towards every member of this convention. I do not desire to carry, nor will I carry, from this hall any harsh feelings towards any member of this body, for any thing that has occurred here. I believe this is the spirit in which we should all part. [March 5th for some members, as strong as any I have ever formed in my life. This being the case, I shall look to the period of time consumed by the deliberations of this body with as much pleasure as upon any period of my life. If it were for nothing else than the associations with which I have been connected, while occupying a seat. upon this floor, I should return my thanks to that portion of the people of this state who have given me the position which I occupy here, and I know that the feeling which I now have in that respect will continue through life. I hope that we shall all part in friendship, and although what has been said and done here will have to go to the world upon the records of the convention, and although probably no member would have acted differently under the same circumstances, and perhaps we should act in the same manner again under similar circumstances, yet I think we can, when we adjourn here, adjourn with the kindliest feelings towards each other. I simply say in conclusion, that I shall cheerfully vote for the resolution not only in letter, but in spirit. Mr. ELLS. Mr. President: In this last hour of the convention, I desire to make a single remark. I came here, sir, under circumstances different from those of any other member. I was an entire stranger to all the gentlemen who compose this body, with the single exception of the gentleman from Jefferson [Mr. Wilson], and I only recollected him as a little curly-headed boy in the streets of Newark, Ohio, when I resided in that state, many years since. Then, misfortune of imperfect hearing. Yet, notwithtoo, as now, I was laboring under the additional sufficient to deter almost any man from taking standing all these disadvantages-disadvantages part in a deliberative body-I am free to say, sir, that such has been the uniform kindness and courtesy of every member of the convention, that I have felt myself quite at my ease, and have enjoyed as large a share of social and mental gratification as usually falls to the lot of most men. Indeed, sir, I cannot now recollect, in the course of the seven weeks that we have had the pleasure of mingling here, that any gentleman has by any act reminded me of my misfortunes. But, on the contrary, such has been the uniform kindness of all, that I shall carry with me from this convention the pleasing reflection, that I met you as strangers and part with you as friends. It often happens, sir, that in the heat of debate, hasty expressions of a personal character, calculated to wound the feelings of an adversary, will almost unconsciously escape. Those expressions, sir, are only the ebulitions of the passing moment, and should die with the occasion that gave them birth. I am sensible, sir, that I have said many things, that in my calmer and cooler moments I could wish had never been said-some of the most severe to the honorable gentleman from Wapello [Mr. Gillaspy]. But I Our relations and associations here have been flatter myself, sir, that that gentleman will repleasant, and I must say that during the delib-gard them as only the ripple on the placid lake erations of this body, I have formed attachments of our conventional friendship. |