No provision for its amendment is contained in the Organic Act of 1838;
but by inference and implication it is clear that the power to change,
alter, or amend the Constitution of the Territory resided in Congress.
The process of amendment, therefore, was that of ordinary legislation.
Congress was not long in exercising this extraordinary power. On March
3, 1839, within eight months of the organization of the Territory, the
President approved two acts amending the Constitution. These were: (1)
"An act to alter and amend the organic law of the Territories of
Wisconsin and Iowa;" and (2) "An Act to authorize the election or
appointment of certain officers in the Territory of Iowa, and for other
purposes."
The first limited the veto power of the Governor by providing that bills
not approved by him might, nevertheless, become laws if passed a second
time by two-thirds of both houses of the Legislative Assembly.
The second likewise aimed at curtailing the powers of the Governor by
authorizing the Legislative Assembly to "provide by law for the election
or appointment of sheriffs, judges of probate, justices of the peace,
and county surveyors."
The history of a quarrel between the Governor and the first Legislative
Assembly, which in a great measure occasioned these amendments, is
significant in throwing light upon the political ideas and the
democratic frankness and determination of the people of the Territory.
On July 7, 1838, President Van Buren issued a commission to Robert Lucas
of Ohio, appointing him Governor of the new Territory of Iowa. The
position was a difficult one to fill; but the President's selection
promised to be the very best. Lucas was neither young, obscure, nor
inexperienced. Born in Virginia, he had served with distinction in the
War of 1812. He had served in the Legislature of Ohio, and had twice
been elected to the office of Governor by the people of that State.
In 1832 he acted as Chairman of the first National Convention of
the Democratic Party.
Upon receiving his commission as Governor of Iowa, Robert Lucas repaired
with all possible haste to the West. Venerable with years and political
experience, he arrived at Burlington in August, 1838. Here he found that
Wm. B. Conway, the Secretary of the Territory, "had _assumed_ the
Executive prerogative, had issued a proclamation dividing the Territory
into Judicial Districts, and was about issuing a proclamation
apportioning the Representatives and ordering an election." The conduct
of the Secretary provoked the Governor; and Robert Lucas was not the man
to conceal his feelings or hesitate to express his mind. From that time
to the death of the Secretary in November, 1839, the two men were
enemies. Lucas, in a letter to John Forsyth, Secretary of State,
declared that Conway "has not only done nothing to render me assistance,
but _is generally believed to be the prime mover of the opposition to my
proceedings, and the author_ of the documents forwarded to Washington by
the members of the Legislature."
The first Legislative Assembly of the Territory of Iowa did not meet
until November 12, 1838. On the first day of the session each house
proceeded to organize _pro tempore_. Then they assembled jointly in the
hall of the House of Representatives to be sworn in by the Governor, and
to receive any communication which his "Excellency" might have to make
to them.
Governor Lucas delivered his first message in person. He took pains to
emphasize the fact that the Organic Act had vested the legislative power
in "the Governor and a Legislative Assembly," which meant that "the
Executive is vested with advisory and restraining powers, and the
Legislative Assembly with deliberative and enacting powers." "In no
place," he declared later in a communication to the Secretary of the
Territory, "is there any power vested in the Legislative Assembly
independent of the Governor."
Throughout the message, which when printed covered ten pages of the
journal, the Governor freely advised and recommended such measures as he
deemed most expedient. Then near the close he boldly added: "I shall at
all times take pleasure in concurring with you in acts that tend
to advance the general interests of the Territory, and the prosperity of
the people;--but at the same time will be compelled to withhold my
assent to such acts, or proceedings, as I may conscientiously for the
time being believe to be prejudicial to the public good." Robert Lucas
lived up to the spirit and the letter of his declaration.
In the matter of appointments the Governor's policy was courageously set
forth in these words: "I shall at all times pay a due respect to
recommendations; but cannot conscientiously nominate to office any
individual of _bad moral character_, or, that may be addicted to
_intemperance or gambling_, if known to me. These vices are so
contaminating in their character, that all public officers in my opinion
should be clear of even a suspicion of being addicted to them."
Lucas, writing some years later, was of the opinion that this
declaration was one of the potent causes of opposition to his
administration.
After the election of permanent officers, which followed the
Governor's speech, the Legislative Assembly proceeded with energy and
enthusiasm to the business of legislation. But not a few of its
measures met with the disapproval of the Governor. It soon became
evident that the relations between the Executive and the Assembly were
not altogether cordial. The situation was made still more embarrassing
by the ill feeling which existed between the Governor and the
Secretary of the Territory. Indeed it is clear that Mr. Conway was
instrumental in stirring up much of the opposition to Governor Lucas
by confiding his private grievances to members of the Assembly, by
deferring to the Assembly to the point of servility, and by affecting
to set up an administrative department distinct and separate from that
of the Governor. On November 14, he submitted to the Council and House
of Representatives the first of a series of communications bearing
directly upon his own position and powers as Secretary and his
relations to the Legislative Assembly, and indirectly upon his
relations to the Governor and the relations of the latter to the
Assembly.
It was early in the session that the Council and House of
Representatives resolved "That when an act is presented to the Governor
for his approval, he shall, within a reasonable time thereafter,
make known to the House in which said act may have originated of his
approval thereof; or if not approved of, the act shall be returned, with
his objections thereto." For some weeks after its passage, this
resolution seems to have received no attention. Either there was delay
in presenting it to the Governor, or the Governor did not give it his
immediate attention. It was not until January 4, 1839, that the
resolution was returned to the House of Representatives with this
observation from the Governor: "I see no place in the organic law, that
vests the Council and House of Representatives with the right to dictate
to the Executive in the discharge of his official duties."
In the meantime the Council had taken steps looking toward the
regulation by statute of all official intercourse between the
legislative and executive departments of the government. On December 4,
1838, a committee of two was appointed to confer with the Governor and
report a bill. The committee held the conference and reported a bill on
the day following. After some discussion the bill passed the Council on
December 11, but not without important amendments. On the day following,
the bill as amended passed the House of Representatives. It was
presented to the Governor on the 18th.
On December 19, Lucas returned the bill to the Council with his veto. He
objected to the changes which had been made in the bill as originally
reported by the committee. At the same time he took occasion to
state, for the information of the Assembly, the course he intended to
pursue in the future. He said: "All bills, resolutions, or memorials,
submitted to me, will be carefully examined, and if approved, will be
signed and deposited in the office of the Secretary of the Territory. If
special objections are found, but not sufficient to induce me to
withhold my assent from the bill, resolution, or memorial, a special
note of explanation will be endorsed with my approval. Bills,
resolutions, or memorials, that may be considered entirely
objectionable, or of doubtful policy, will be _retained under
advisement_ or returned to the Legislative Assembly, with my objections,
at such time, and in such way and manner as I may, for the time being,
deem to be most advisable."
In reply to all this it was "Resolved, By the Council and House of
Representatives of the Territory of Iowa, That his Excellency Gov.
Lucas, is hereby respectfully requested to inform each House of the
Legislative Assembly, of all acts by him approved during the present
session; and that he is further requested hereafter to inform the House
in which a bill originated of his approval thereof immediately after the
same has been given."
With a brief message, Lucas returned this resolution to the House of
Representatives on January 5, 1839. He would at all times be pleased to
comply with requests from the Assembly, provided it "could be done with
some propriety and conscience; but having neither secretary, clerk,
messenger, assistant or other attendant, in public employ, at the
Executive office, . . . . I must respectfully decline a compliance with
your respectful request, and most respectfully invite your attention to
my communication of the 19th December last."
Two days later a committee of the House of Representatives headed by
James W. Grimes reported on the Governor's vetoes. They held that the
"various Executive vetoes" were not only uncalled for, but were
unwarranted by the Organic Act of the Territory. The phrase in the
Constitution which reads, "shall approve of all laws," is mandatory and
leaves the Executive without discretion. The committee took the whole
matter very seriously, believing that great principles were at stake.
"As representatives of the people," they declared, "we conceive
that we should be recreant to their rights and true interests, if we
should acquiesce in the 'veto power' as used by the Executive . . . . We
believe the people should be heard through those who represent them and
are responsible to them. That their wishes should be regarded, and not
the wishes of the Federal Government or a federal officer. We believe
the principle claimed by the Governor is a most dangerous and pernicious
principle, and as the representatives of freemen we cannot acquiesce in
it."
A week later the House "Resolved, That Robert Lucas is unfit to be the
ruler of a free people," and appointed a select committee to prepare a
memorial to the President of the United States praying for his immediate
removal.
The Council committee on Territorial Affairs was no less emphatic in its
condemnation of the "Executive Vetoes." They did not believe that
Congress in framing the Organic Act intended to confer the power of an
absolute veto upon the Governor. In their report of January 22, 1839,
upon the bill regulating the intercourse between the executive and
legislative departments, they exclaimed: "It is time to remonstrate. The
liberty of the people should be dear to their representatives, and he
who DARES not defend their sacred rights, who would not, in the hour of
peril, stand as a sentinel to guard their privileges, is unworthy the
name of a freeman."
In the meantime the Legislative Assembly had prepared a memorial to
Congress requesting an amendment to the Organic Act which would
limit the Governor's veto power.
The Governor remained firm and unmoved to the end of the session.
Notwithstanding all the resolutions, reports, and memorials of the
Assembly, he continued to approve some measures, veto others, and
endorse still others with special notes of explanation.
Nor did the indignation of the members of the Legislative Assembly
subside as the session neared its close. They now hoped to get rid of
the Governor. So they addressed a memorial to "His Excellency Martin Van
Buren, President of the United States," in which they enumerated at
length "the faults of Governor Lucas' administration," and asked for his
immediate removal from the office of Chief Executive. In the House
of Representatives the minority offered a preamble and resolution
praying that they be allowed to forward a counter memorial to the
President, but on the motion of James W. Grimes their preamble and
resolution were rejected.
This remarkable memorial concerning Robert Lucas reads much like the
arraignment of King George III in the Declaration of Independence. In
the political history of Iowa it stands as the declaration of the
independence of the will of the representatives of the people as over
against the will of the administration. It stands as the protest of
Democracy against the exercise of arbitrary power. Its significance lies
not in any statement or misstatement of historical facts, but in
the spirit of independence, courage, and democracy which pervades its
lines.
When the Legislative Assembly met in November, 1839, the storm had
passed. The Constitution of the Territory had been amended. Robert Lucas
was still in office. But, reflecting upon the situation, he could
truthfully say in his message: "It is with heartfelt gratitude to
Almighty God . . . . that I am, through His _special Providence_,
permitted again to address the Legislative Assembly."