History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
But the Legislative Assembly was more conservative. At the regular
session of 1839-40 it neither memorialized Congress on admission into
the Union nor passed a law providing for the calling of a Convention to
form a Constitution. In opposition to the recommendations of the
Governor and the views of a minority in the Assembly, it was argued (1)
that the establishment of State Government would increase the
burdens of taxation "which must render the new State government
burdensome as well as odious to the people," (2) that "it could not add
to the prosperity of the agriculturalist, the merchant, the miner, or
the mechanic; nor could it render any more fruitful the sources of
profit which are open to honest industry and application," and (3) that
the people of the Territory enjoy under the acts of Congress ample
liberty and freedom in self-government. The second Legislative Assembly
of the Territory was not willing to assume the responsibility of
measures looking toward so radical a change in the political status of
the people of Iowa. On January 17, 1840, it adjourned only to meet again
in extra session later in the year.
In the meantime the Committee on Territories in the House of
Representatives had reported a bill enabling the people of Iowa to form
a Constitution and State government. This gave Lucas an opportunity of
directing attention again to the matter in which he was so deeply
interested. When the Assembly met in extra session July 13, 1840, he was
prepared with a suggestion that was as reasonable as it was democratic.
He would have the whole question referred to the people for decision.
Presuming that the bill before Congress would pass, Lucas ventured to
"suggest to the Legislative Assembly the expediency of providing by law
for taking the sense of the people of this Territory on the subject of a
convention at the next ensuing annual election." "It appears to me," he
said, "that there can be no objection to submitting the subject to
the people for their consideration, as an expression of public opinion
through the ballot-box would enable the ensuing Legislative Assembly to
act understandingly, and in accordance with the expressed will of the
people on this important subject."
Following the suggestion of the Chief Executive the Assembly provided by
law for obtaining the wishes of the people at the annual August
elections. All who favored the calling of a Convention were required to
write "convention" on their ballots; while all who opposed the
proposition were required to write "no convention." The law having been
approved by the Governor on the last day of July, very little time was
left for its consideration by the electorate before the elections.
Public-domain text, read in full here on John Shaqi.
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