History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Following this recommendation, the third Legislative Assembly passed "An
Act to provide for the expression of the opinion of the people of the
Territory of Iowa, upon the subject of the formation of a State
Constitution and Government, and to enable them to form a
Constitution for the State of Iowa," which act was approved February 16,
1842. Its provisions were as elaborate as its title.
A poll was to be opened at each electoral precinct at the time of the
general election in August. As the qualified electors approached the
polls they were to be asked by the judges of election whether they were
in favor of or against a Convention. Thereupon the electors were to
answer simply, "Convention" or "No Convention." The clerks of election
were charged with keeping a record of these _viva voce_ votes.
The act provided further, that should a majority of the votes polled be
found to favor a Convention, then eighty-two delegates to such a
Constitutional Convention were to be elected on the second Tuesday
in October next after the election aforesaid. On the first Monday of
November next following their election, the delegates elected were to
meet at Iowa City "and proceed to form a Constitution and State
Government, for the Territory of Iowa."
Finally it was provided "that when a Constitution and form of State
Government" shall have been adopted by the Convention, the same shall be
published in the newspapers of the Territory and voted upon by the
people at the next general election, which would be held in August,
1843.
The Governor's message and the measure inspired by it were clear, full,
and to the point. They called up for public consideration the whole
problem of State organization in its several phases of (_a_) the
calling of a Constitutional Convention, (_b_) the formation of a State
Constitution, and (_c_) the admission of the State into the Union. They
opened up a lively political discussion which was to continue for full
five years.
As to the propriety and wisdom of calling a Constitutional Convention
there was from the beginning a decided difference of opinion. The act of
February 16, 1842, had met with strong opposition in both houses of the
Legislative Assembly. In the press and among the people of the Territory
the question became, naturally enough, the local issue in party
politics. The Democrats who had fathered the measure in the Assembly
were everywhere heartily in favor of State organization, but the Whigs,
who, being in the minority, would neither control the Convention nor
officer the new State government, were vigorous in their
opposition.
Three days after the approval of the act of the Assembly there appeared
in the _Iowa City Standard_ a remarkable letter. Its author was Francis
Springer, a member of the Council and a Whig of considerable influence.
His letter was in substance "a speech prepared by him to be delivered in
the Council on the bill relating to the Convention, but not delivered
because shut down by the majority."
Public-domain text, read in full here on John Shaqi.
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