History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
The second likewise aimed at curtailing the powers of the Governor by
authorizing the Legislative Assembly to "provide by law for the election
or appointment of sheriffs, judges of probate, justices of the peace,
and county surveyors."
The history of a quarrel between the Governor and the first Legislative
Assembly, which in a great measure occasioned these amendments, is
significant in throwing light upon the political ideas and the
democratic frankness and determination of the people of the Territory.
On July 7, 1838, President Van Buren issued a commission to Robert Lucas
of Ohio, appointing him Governor of the new Territory of Iowa. The
position was a difficult one to fill; but the President's selection
promised to be the very best. Lucas was neither young, obscure, nor
inexperienced. Born in Virginia, he had served with distinction in the
War of 1812. He had served in the Legislature of Ohio, and had twice
been elected to the office of Governor by the people of that State.
In 1832 he acted as Chairman of the first National Convention of
the Democratic Party.
Upon receiving his commission as Governor of Iowa, Robert Lucas repaired
with all possible haste to the West. Venerable with years and political
experience, he arrived at Burlington in August, 1838. Here he found that
Wm. B. Conway, the Secretary of the Territory, "had _assumed_ the
Executive prerogative, had issued a proclamation dividing the Territory
into Judicial Districts, and was about issuing a proclamation
apportioning the Representatives and ordering an election." The conduct
of the Secretary provoked the Governor; and Robert Lucas was not the man
to conceal his feelings or hesitate to express his mind. From that time
to the death of the Secretary in November, 1839, the two men were
enemies. Lucas, in a letter to John Forsyth, Secretary of State,
declared that Conway "has not only done nothing to render me assistance,
but _is generally believed to be the prime mover of the opposition to my
proceedings, and the author_ of the documents forwarded to Washington by
the members of the Legislature."
The first Legislative Assembly of the Territory of Iowa did not meet
until November 12, 1838. On the first day of the session each house
proceeded to organize _pro tempore_. Then they assembled jointly in the
hall of the House of Representatives to be sworn in by the Governor, and
to receive any communication which his "Excellency" might have to make
to them.
Governor Lucas delivered his first message in person. He took pains to
emphasize the fact that the Organic Act had vested the legislative power
in "the Governor and a Legislative Assembly," which meant that "the
Executive is vested with advisory and restraining powers, and the
Legislative Assembly with deliberative and enacting powers." "In no
place," he declared later in a communication to the Secretary of the
Territory, "is there any power vested in the Legislative Assembly
independent of the Governor."
Public-domain text, read in full here on John Shaqi.
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