[image ALT: Much of my site will be useless to you if you've got the images turned off!]
mail:
Bill Thayer

[image ALT: Cliccare qui per una pagina di aiuto in Italiano.]
Italiano

[Link to a series of help pages]
Help
[Link to the next level up]
Up
[Link to my homepage]
Home

[image ALT: link to previous section]
Chapter 23

This webpage reproduces a chapter of
Iowa As It Is in 1856

by
N. Howe Parker

Chicago and Philadelphia, 1856

The text is in the public domain.

This page has been carefully proofread
and I believe it to be free of errors.
If you find a mistake though,
please let me know!


[image ALT: link to next section]
Chapter 25
This site is not affiliated with the US Military Academy.

p206 Chapter XXIV

Constitution of the State of Iowa
(Adopted in Convention, May 18, 1846)

Preamble and Boundaries. — We, the People of the Territory of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Mississippi River, at a point due east of the middle of the mouth of the main channel of the Des Moines River, thence up the middle of the main channel of the said Des Moines River, to a point on said river where the northern boundary line of the State of Missouri, as established by the Constitution of that State, adopted June 12th, 1820, crosses the said middle of the main channel of the said Des Moines River; thence westwardly, along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersect the middle of the main channel of the Missouri River; thence up p207the middle of the main channel of the said Missouri River, to a point opposite the middle of the main channel of the Big Sioux River, according to Nicollett's map; thence up the main channel of the said Big Sioux River, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitude; thence east, along said parallel of forty-three degrees and thirty minutes, until said parallel intersect the middle of the main channel of the Mississippi River; thence down the middle of the main channel of said Mississippi River, to the place of beginning.

Article I

Bill of Rights. — 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times to alter or reform the same, whenever the public good may require it.

3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or for the maintenance of any minister or ministry.

4. No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived p208of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.

5. Any citizen of this State, who may hereafter be engaged either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.

6. All laws of a general nature shall have a uniform operation.

7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers and things to be seized.

9. The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts.

p209 10. In all criminal prosecutions, the accused shall have a right to a speedy trial, by an impartial jury; to be informed of the accusation against him; to be confronted with the witnesses against him; to have compulsory process for his own witnesses, and to have the assistance of counsel.

11. No person shall be held to answer for a criminal offense, unless on presentment or indictment by a grand jury, except in cases cognizable by justices of the peace, or arising in the army and navy, or in the militia when in actual service, in time of war, or public danger.

12. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable, by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great.

13. The writ of Habeas Corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it.

14. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

15. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law.

16. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on evidence of two witnesses to the same overt act, or confession in open court.

p210 17. Excessive bail shall not be required. Excessive fines shall not be imposed; and cruel and unusual punishments shall not be inflicted.

18. Private property shall not be taken for public use without just compensation.

19. No person shall be imprisoned for debt in any civil action on mesne, or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.

20. The people have the right freely to assemble together to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.

21. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

22. Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights, in respect to the possession, enjoyment, and descent of property, as native born citizens.

23. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.

24. This enumeration of rights shall not be construed to impair or deny others, retained by the people.

Article II

Right of Suffrage. — 1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the State six months next preceding p211the election, and the county in which he claims his vote twenty days, shall be entitled to vote at all elections which are now, or hereafter may be authorized by law.

2. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to, and returning therefrom.

3. No elector shall be obliged to perform militia duty on the day of election, except in time of war, or public danger.

4. No person in the military, naval, or marine service of the United States, shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State.

5. No idiot or insane person, or persons convicted of any infamous crime, shall be entitled to the privileges of an elector.

6. All elections by the people, shall be by ballot.

Article III

Of the Distribution of Power. — 1. The powers of the government of Iowa shall be divided into three separate departments; the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.

Legislative Department. — 1. The Legislative authority of this State shall be vested in a Senate and House of Representatives, which shall be designated the General Assembly p212of the State of Iowa, and the style of their laws shall commence in the following manner: "Be it enacted by the General Assembly of the State of Iowa."

2. The sessions of the General Assembly shall be biennial, and shall commence on the first Monday of December next ensuing the election of its members; unless the Governor of the State shall, in the interim, convene the General Assembly by proclamation.

3. The members of the House of Representatives shall be chosen every second year, by the qualified electors of their respective districts, on the first Monday in August, whose term of office shall continue two years from the day of the general election.

4. No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one years; be a free white male citizen of the United States, and have been an inhabitant of this State or Territory one year next preceding his election; and at the time of his election, have an actual residence of thirty days in the county or district he may be chosen to represent.

5. Senators shall be chosen for the term of four years, at the same time and place as Representatives; they shall be twenty-five years of age, and possess the qualifications of Representatives as to residence and citizenship.

6. The number of Senators shall not be less than one-third, nor more than one-half of the Representative body; and at the first session of the General Assembly after this Constitution takes effect, the Senators shall be divided by lot, as equally as may be, into two classes; the seats of the p213Senators of the first class shall be vacated at the expiration of the second year, so that one half shall be chosen every two years.

7. When the number of Senators is increased, they shall be annexed by lot to one of the two classes, so as to keep them as nearly equal in number as practicable.

8. Each House shall choose its own officers, and judge of the qualification, election, and return of its own members. A contested election shall be determined in such manner as shall be directed by law.

9. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.

10. Each House shall sit upon its own adjournments, keep a journal of its proceedings, and publish the same; determine its rules of proceedings, punish members for disorderly behaviour, and, with the consent of two-thirds, expel a member, but not a second time for the same offence; and shall have all other powers necessary for a branch of the General Assembly of a free and independent State.

11. Every member of the General Assembly shall have the liberty to dissent from, or protest against, any act or resolution which he may think injurious to the public, or an individual, and have the reasons for his dissent entered on the journals; and the yeas and nays of the members of either House, on any question, shall, at the desire of any two members present, be entered on the journals.

p214 12. Senators and Representatives, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to, and returning from the same.

13. When vacancies occur in either House, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancies.

14. The doors of each House shall be open, except on such occasion as, in the opinion of the House, may require secrecy.

15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place and that in which they may be sitting.

16. Bills may originate in either House, except bills for revenue, which shall always originate in the House of Representatives, and may be amended, altered, or rejected by the other; and every bill, having passed both Houses, shall be signed by the Speaker and President of their respective Houses.

17. Every bill which shall have passed the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which shall enter the same upon the journal, and proceed to reconsider it; if, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two-thirds of the members of each House present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within three days after it p215shall have been presented to him, Sundays excepted, the same shall be a law in like manner as if he had signed it; unless the General Assembly, by adjournment, prevent such return.

18. An accurate statement of the receipts and expenditures of the public money shall be attached to, and published with the laws, at every regular session of the General Assembly.

19. The House of Representatives shall have sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present.

20. The Governor, Secretary of State, Auditor, Treasurer, and Judges of the Supreme and District Courts shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanors in office in such manner as the General Assembly may provide.

21. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, p216during such term, except such offices as may be filled by elections by the people.

22. No person holding any lucrative office under the United States, or this State, or any other power, shall be eligible to the General Assembly: Provided, That offices in the militia, to which there is attached no annual salary, or the office of justice of the peace, or postmasters whose compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.

23. No person who may hereafter be a collector or holder of public monies, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be liable.

24. No money shall be drawn from the treasury but in consequence of appropriations made by law.

25. Each member of the General Assembly shall receive a compensation, to be fixed by law, for his services, to be paid out of the treasury of the State. Such compensation shall not exceed two dollars per day, for the period of fifty days from the commencement of the session, and shall not exceed the sum of one dollar per day for the remainder of the session. When convened in extra session by the Governor, they shall receive such sum as shall be fixed for the first fifty days of the ordinary session. They shall also receive two dollars for every twenty miles they travel, in going to, and returning from their place of meeting, on the most usual route: Provided, however, That the members p217of the first General Assembly under this Constitution shall receive two dollars per day for their services during the entire session.

26. Every law shall embrace but one object, which shall be expressed in the title.

27. No law of the General Assembly, of a public nature, shall take effect until the same shall be published and circulated in the several counties of this State, by authority. If the General Assembly shall deem any law of immediate importance, they may provide that it shall take effect by publication in newspapers in the State.

28. No divorce shall be granted by the General Assembly.

29. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

30. Members of the General Assembly shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear, or affirm, (as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and that I will faith fully discharge the duties of Senator (or Representative, as the case may be), according to the best of my ability." And members of the General Assembly are hereby empowered to administer to each other the said oath or affirmation.

31. Within one year after the ratification of this Constitution, and within every subsequent term of two years, for the term of eight years, an enumeration of all the white inhabitants of this State shall be made in such manner as p218shall be directed by law. The number of Senators and Representatives shall, at the first regular session of the General Assembly, after such enumeration, be fixed by law, and apportioned among the several counties, according to the number of white inhabitants in each, and shall also, at every subsequent regular session, apportion the House of Representatives, and every other regular session the Senate, for eight years; and the House of Representatives shall never be less than twenty-six, nor greater than thirty-nine, until the number of what inhabitants shall be one hundred and seventy-five thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-nine, nor exceeding seventy-two.

32. When a Congressional, Senatorial, or Representative district shall be composed of two or more counties, it shall not be not separated by any county belonging to another district; and no county shall be divided in forming a Congressional, Senatorial, or Representative district.

33. In all elections by the General Assembly, the members thereof shall vote viva voce, and the votes shall be entered on the journal.

34. For the first ten years after the organization of the government, the annual salary of the Governor shall not exceed one thousand dollars; Secretary of State, five hundred dollars; Treasurer, four hundred dollars; Auditor, six hundred dollars; Judges of the Supreme and District Courts, each one thousand dollars.

p219 Article IV

Executive Department. — 1. The Supreme Executive power of this State shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Iowa.

2. The Governor shall be elected by the qualified electors, at the time and place of voting for members of the General Assembly, and shall hold his office four years from the time of his installation, and until his successor shall be qualified.

3. No person shall be eligible to the office of Governor, who has not been a citizen of the United States, and a resident of the State two years next preceding the election, and attained the age of thirty years at the time of said election.

4. The returns of every election for Governor shall be sealed up and transmitted to the seat of Government, directed to the Speaker of the House of Representatives, who shall, during first week of the session, open and publish them in presence of both Houses of the General Assembly. The person having the highest number of votes, shall be Governor; but in case any two or more have an equal and the highest number of votes, the General Assembly shall, by joint ballot, choose one of said persons so having an equal and highest number of votes, for Governor.

5. The Governor shall be Commander-in‑Chief of the militia, the army and navy of this State.

6. He shall transact all executive business, with the officers of Government, civil and military, and may require information in writing from the officers of the executive p220department upon any subject relating to the duties of their respective offices.

7. He shall see that the laws are faithfully executed.

8. When any office shall from any cause become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the General Assembly, or at the next election by the people.

9. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both Houses, when assembled, the purposes for which they shall have been convened.

10. He shall communicate by message to the General Assembly, at every session, the condition of the State, and recommend such matters as he shall deem expedient.

11. In case of disagreement between the two Houses, with respect to the time of adjournment, the Governor shall have power to adjourn the General Assembly to such time as he may think proper, provided it be not beyond the time fixed for the meeting of the next General Assembly.

12. No person shall, while holding any other office under the United States, or this State, execute the office of Governor, except as hereinafter expressly provided.

13. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in case of impeachment.

14. The Governor shall, at stated times, receive for his services a compensation which shall neither be increased p221nor diminished during the time for which he shall have been elected.

15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the Great Seal of the State of Iowa.

16. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the great seal of this State, signed by the Governor, and countersigned by the Secretary of State.

17. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall be elected by the qualified electors, who shall continue in office two years. The Secretary of State shall keep a fair register of all the official acts of the Governor, and shall, when required, lay the same, together with all papers, minutes, and vouchers, relative thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law.

18. In case of impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Secretary of State, until such disability shall cease, or the vacancy be filled.

19. If, during the vacancy of the office of Governor, the Secretary of State shall be impeached, displaced, resign, die, or be absent from the State, the powers and duties of the office of Governor shall devolve upon the President of the Senate; and should a vacancy occur by impeachment, death, resignation, or absence from the State, of the President of the p222Senate, the Speaker of the House of Representatives shall act as Governor till the vacancy be filled.

Article V

Judicial Department. — 1. The Judicial power shall be vested in the Supreme Court, District Courts, and such inferior Courts, as the General Assembly may from time to time establish.

2. The Supreme Court shall consist of a Chief Justice, and two Associates, two of whom shall be a quorum to hold a Court.

3. The Judges of the Supreme Court shall be elected by joint vote of both branches of the General Assembly, and shall hold their Courts at such time and place as the General Assembly may direct, and hold their offices for six years, and until their successors are elected and qualified, and shall be ineligible to any other office during the term for which they may be elected. The Supreme Court shall have appellate jurisdiction only in all cases in chancery, and shall constitute a Court for the correction of errors at law, under such restrictions as the General Assembly shall by law prescribe. — The Supreme Court shall have power to issue all writs and process necessary to do justice to parties, and exercise a supervisory control over all inferior judicial tribunals, and the Judges of the Supreme Court shall be conservators of the peace throughout the State.

4. The District Court shall consist of a Judge, who shall be elected by the qualified voters of the district in which he resides, at the township election, and hold his office for the p223term of five years, and until his successor is duly elected and qualified, and shall be ineligible to any other office during the term for which he may be elected. The District Court shall be a court of law and equity, and have jurisdiction in all civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. The Judges of the District Court shall be conservators of the peace in their respective districts. The first session of the General Assembly shall divide the State into four districts, which may be increased as the exigencies require.

5. The qualified voters of each county shall, at the general election, elect one Prosecuting Attorney, and one Clerk of the District Court, who shall be residents therein, and who shall hold their several offices for the term of two years, and until their successors are elected and qualified.

6. The style of all process shall be "The State of Iowa," and all prosecutions shall be conducted in the name, and by authority of the same.

Article VI

Militia. — 1. The militia of this State shall be composed of all able-bodied white male citizens, between the ages of eighteen and forty-five years, except such as are, or may hereafter be exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained as the General Assembly may provide by law.

2. No person or persons, conscientiously scrupulous of bearing arms, shall be compelled to do militia duty, in time p224of peace, provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.

3. All commissioned officers of the militia (staff officers excepted), shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor.

Article VII

State Debts. — 1. The General Assembly shall not, in any manner create any debt or debts, liability or liabilities, which shall, singly, or in the aggregate, with any previous debts or liabilities, exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object, or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability, as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years from the time of contracting thereof, and shall be irrepealable until the principal and the interest thereon shall be paid and discharged; but no such law shall take effect, until, at a general election, it shall have been submitted to the people, and have received a majority of all the votes cast for and against it, and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt thereby created, and such law shall be published in at least one newspaper in each judicial district, if one is published p225therein, throughout the State, for three months preceding the election, at which it is submitted to the people.

Article VIII

Incorporations. — 1. No corporate body shall hereafter be created, renewed, or extended, with the privilege of making, issuing, or putting into circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. The General Assembly of this State shall prohibit, by law, any person or persons, association, company, or corporation, from exercising the privileges of banking, or creating paper to circulate as money.

2. Corporations shall not be created in this State by special laws, except for political or municipal purposes; but the General Assembly shall provide, by general laws, for the organization of all other corporations, except corporations with banking privileges, the creation of which is prohibited. The stockholders shall be subject to such liabilities and restrictions as shall be provided by law. The State shall not, directly or indirectly, become a stockholder in any corporation.

Article IX

Education and School Land. — 1. The General Assembly shall provide for the election, by the people, of a Superintendent of Public Instruction, who shall hold his office for three years, and whose duties shall be prescribed p226by law, and who shall receive such compensation as the General Assembly may direct.

2. The General Assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be granted by the United States to this State, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress, distributing the proceeds of the public lands among the several States of the Union, approved A.D. 1841, and all estates of deceased persons, who may have died without leaving a will or heir; and also such per cent as may be granted by Congress on the sale of lands in this State, shall be, and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the General Assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.

3. The General Assembly shall provide for a system of common schools, by which a school shall be kept up, and supported, in each school district, at least three months in every year; and any school district neglecting to keep up, and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.

4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of penal laws, shall be exclusively applied, p227in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly shall, from time to time, provide by law.

5. The General Assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved or granted by the United States, or any person or persons, to the State for the use of a University; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be, and remain a permanent fund, the interest of which shall be applied to the support of said University, with such branches as the public convenience may hereafter demand for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the General Assembly, as soon as may be, to provide effectual means for the improvement and permanent security of funds of said University.

Article X

Amendments of the Constitution. — 1. If at any time the General Assembly shall think it necessary to revise or amend this Constitution, they shall provide by law for a vote of the people for or against a Convention, at the next ensuing election for members of the General Assembly: in case a majority of the people vote in favor of a Convention, p228said General Assembly shall provide for an election of Delegates to a Convention, to be held within six months after the vote of the people in favor thereof.

Article XI

Miscellaneous. — 1. The jurisdiction of Justices of the Peace shall extend to all civil cases (except cases in Chancery, and cases where the question of title to any real estate may arise), where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding five hundred dollars.

2. No new county shall be laid off hereafter, nor old county reduced, to less contents than four hundred and thirty-two square miles.

3. The General Assembly shall not locate any of the public lands, which have been, or may be granted by Congress to this State; and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exempted, shall not exceed three hundred and twenty acres.

Article XII

Schedule. — 1. That no inconvenience may arise from the change of a Territorial government to a permanent State Government, it is declared that all writs, actions, prosecutions, contracts, claims and rights, shall continue as if no change had taken place in this government; and all processes which may, before the organization of the judicial p229department under this Constitution, be issued under the authority of the Territory of Iowa, shall be as valid as if issued in the name of the State.

2. All the laws now in force in this Territory, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assembly of this State.

3. All fines, penalties, and forfeitures, accruing to the Territory of Iowa, shall accrue to the use of the State.

4. All recognizances heretofore taken, or which may hereafter be taken, before the organization of the judicial department under this Constitution, shall remain valid, and shall pass to, and may be prosecuted in the name of the State. And all bonds executed to the Governor of this Territory, or to any other officer in his official capacity, shall pass over to the Governor of this State, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for, and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or may arise, before the organization of the judicial department, under this Constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State.

5. All officers, civil and military, now holding their offices and appointments in this Territory, under the authority of the United States, or under the authority of this Territory, shall continue to hold and execute their respective offices and appointments until superseded under this Constitution.

6. The first general election under this Constitution, p230shall be held at such time as the Governor of the Territory, by proclamation, may appoint, within three months after its adoption, for the election of a Governor, two Representatives in the Congress of the United States (unless Congress shall provide for the election of one Representative), members of the General Assembly, and one Auditor, Treasurer, and Secretary of State. Said election shall be conducted in accordance with the existing election laws of this Territory, and said Governor, Representatives in the Congress of the United States, Auditor, Treasurer, and Secretary of State, duly elected at said election, shall continue to discharge the duties of their respective offices for the time prescribed by this Constitution, and until their successors elected and qualified. The returns of said election shall be made in conformity to the existing laws of this Territory.

7. Until the first enumeration of the inhabitants of this State, as directed by this Constitution, the following shall be the appointment of the General Assembly:

The County of Lee shall be entitled to two Senators, and five Representatives; the County of Van Buren, two Senators, and four Representatives; the Counties of Davis and Appanoose, one Senator, and one Representative, jointly; the Counties of Wapello and Monroe, one Senator, jointly, and one Representative, each; the Counties of Marion, Polk, Dallas, and Jasper, one Senator, and two Representatives, jointly; the County of Des Moines, two Senators, and four Representatives; the County of Jefferson, one Senator, and three Representatives; the County of Henry, one Senator, and three Representatives; the Counties of p231Louisa and Washington, one Senator, jointly, and one Representative each; the Counties of Keokuk and Mahaska, one Senator, jointly, and one Representative, each; the Counties of Muscatine, Johnson, and Iowa, one Senator, and one Representative, jointly; Muscatine, one Representative, and Johnson and Iowa, one Representative, jointly; the Counties of Scott and Clinton, one Senator, jointly, and one Representative, each; the Counties of Cedar, Linn, and Benton, one Senator, jointly; the County of Cedar, one Representative, and the Counties of Linn and Benton, one Representative, jointly; the Counties of Jackson, and Jones, one Senator, and two Representatives; the Counties of Dubuque, Delaware, Clayton, Fayette, Buchanan, and Black Hawk, two Senators, and two Representatives, jointly; and any county attached to any county for judicial purposes, shall, unless otherwise provided for, be considered as forming part of such county for election purposes.

8. The first meeting of the General Assembly, under this Constitution, shall be at such time as the Governor of the Territory may, by proclamation, appoint, within four months after its ratification by the people, at Iowa City, in Johnson County, which place shall be the seat of Government of the State of Iowa, until removed by law.

Done in Convention, at Iowa City, this 18th day of May, in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the United States the seventieth.

p232 In Testimony Whereof, We have hereunto subscribed our names:

Enos Lowe, President.

Attest, Wm. ThompsonSec.

Thomas Dibble, Erastus Hoskin, David Galland, Sulifand S. Ross, Shepherd Leffler, Curtis Bates, Wm. G. Coop, John Ronalds, Samuel A. Bissell, Socrates H. Tryon, Wareham G. Clark, William Hubbel, John J. Selman, George Berry, John Conrey, Josiah Kent, Joseph H. Hedrick, Sylvester G. Matson, S. B. Shelledy, James Grant, George Hobson, H. P. Haun, Stewart Goodrell, Sanford Harned, David Olmstead, G. W. Bowie, Alvin Saunders, William Steele, T. McCraney, F. K. O'Ferrall, J. Scott Richman.

Ordinance

Be it ordained by the Convention assembled to form a Constitution for the State of Iowa, in behalf of people of said State, that the following propositions shall be made to the Congress of the United States, which, if assented to by that body, shall be obligatory on this State.

1. Section number sixteen in every surveyed township of public lands, and where such section has been disposed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of Common Schools.

2. Seventy-two sections of land set apart and reserved for the use and support of a University, by an act of Congress approved on the twentieth of July, one thousand eight hundred and forty, entitled "An act granting two p233townships of land for the use of a University in the Territory of Iowa," shall be applied solely for the use and support of such University, in such manner as the General Assembly may direct.

3. That one quarter section of land in each township be granted to the State for the purpose of purchasing a Common School library for the use of such township.

4. That five per cent of the nett proceeds of the sales of all public lands lying within this State, which shall be sold by Congress after the admission of the State into the Union, shall be granted to the State, for the use of Common Schools.

That, in consideration of the grants specified in the four foregoing propositions, it is declared, that this State will never interfere with the primary disposal of the soil within the same, by the United States, nor with any regulations Congress may find necessary, for securing the title in such soil to the bona fide purchaser thereof; and that no tax shall be imposed on lands, the property of the United States, and that in no case shall non-resident proprietors be taxed higher than resident.


[image ALT: Valid HTML 4.01.]

Page updated: 3 Sep 11