History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
A formal and solemn protest from the minority, signed by nine members
and entered on the journal of the House of Representatives, set forth
the leading objections to re-submission. 1. The Assembly had no
delegated power to pass such a measure. 2. The act was designed to
control rather than ascertain public sentiment. 3. The Constitution of
1844 had been _deliberately_ rejected by the people. 4. No memorial
indicating a change of opinion had been sent up by the people since
the election. 5. In the April election the people had not been misled;
they voted intelligently; and their ballots were cast against the
Constitution itself. The conditions imposed by Congress "doubtless had
influence in different sections of the Territory, both for and against
it. What was lost on the North and South by the change, was
practically made up by the vote of the center where the Congressional
boundaries are more acceptable than those defined in the
Constitution." 6. The question of territory being a "minor
consideration," the Constitution was rejected principally on account
of its inherent defects. 7. Under no consideration should the
Constitution of 1844 be again submitted to the people since it
embodied so many objectionable provisions.
Although the bill for re-submission had passed both branches of the
Assembly by a safe majority, Governor Chambers did not hesitate to
withhold his assent. On June 6 he returned it to the Council. But it
is difficult to ascertain the precise grounds upon which the Governor
withheld his approval, since his message deals with conditions rather
than objections. In the first place he reviewed the conditions under
which the Constitution of 1844 had at the same time been submitted to
Congress and to the people of the Territory. Then he pointed out that,
whereas a poll was taken on the Constitution according to law,
no provision had been made for a separate poll on the conditions
imposed by Congress. This, he thought, produced such confusion in the
public mind as to cause the defeat of the Constitution. To be sure, he
had proposed and was still in favor of submitting the question of a
Convention to the people. But he would not now insist on such a
policy. He freely admitted that the Legislative Assembly had the power
to pass the measure before him. At the same time it seemed to him
that, should the Constitution of 1844 be re-submitted to the people,
it would simply give rise to confusion in attempts to reconcile and
harmonize the various provisions of the statutes of the Territory, the
act of Congress, and the Constitution.
Public-domain text, read in full here on John Shaqi.
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