History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Finally, objections were made to that section of the Bill of Rights
which provided that no evidence in any court of law or equity should
be excluded in consequence of the religious opinions of the witness.
To some it was horrifying to think of admitting the testimony of
non-believers and Atheists.
Such were the arguments against ratification which were advanced by
the opponents of the Constitution of 1844. However, that instrument
was not so defective as pictured, since back of all objections and all
opposition was the mainspring of partisan politics. The Whigs were
bent on frustrating the program of the Democrats. Were they able to
defeat the Constitution on the issue of its imperfections? No, not
even with the assistance of the radical Democrats! But fortunately for
the cause of the opposition a new and powerful objection to
ratification appeared in the closing weeks of the campaign. The news
that Congress had, by the act of March 3, 1844, rejected the
boundaries prescribed by the Iowa Convention reached the Territory
just in time to determine the fate of the Constitution of 1844.
A close examination of this act of Congress revealed the fact that the
fourth section thereof conditioned the admission of Iowa upon the
acceptance of the _Nicollet boundaries_ "by a majority of the
qualified electors at their township elections, in the manner and at
the time prescribed in the sixth section of the thirteenth article of
the constitution adopted at Iowa City the first day of November, anno
Domini eighteen hundred and forty-four, or by the Legislature of
said State." Moreover, it was found that the provisions of the
Constitution of 1844 just quoted read as follows: "This constitution,
together with whatever conditions may be made to the same by Congress,
shall be ratified or rejected by a vote of the qualified electors of
this Territory at the township elections in April next, in the manner
prescribed by the act of the Legislative Assembly providing for the
holding of this Convention: _Provided, however_, that the General
Assembly of this State may ratify or reject any conditions Congress
may make to this Constitution after the first Monday of April next."
In the light of these provisions it appeared to the people of Iowa
that a vote cast for the Constitution would be a vote for the
Constitution as modified by the act of Congress. This view was
altogether plausible since no provision had been made for a separate
ballot on the conditions imposed by Congress. And so it was thought
that a ratification of the Constitution would carry with it an
acceptance of the _Nicollet boundaries_, while a rejection of the
Constitution would imply a decided stand in favor of the _Lucas
boundaries_.
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