The early agitation for the establishment of a State government cannot
justly be interpreted as opposition to the Constitution of the
Territory, or as disaffection with the Territorial government. On the
contrary, it was altogether natural for the people who settled in the
new Territory west of the Mississippi to look forward to the early
establishment of a State government. Never in the history of the United
States had Territories been viewed as permanent. In fact it was
everywhere understood that the Territorial organization was at most a
temporary arrangement which in time would give way to the more
perfect Constitution of the Commonwealth. Then, too, in the case of Iowa
there was such a rapid growth of population that admission into the
Union could not be long delayed under any circumstance. Mr. Shepard was
right when in 1838 he said: "If the Territory of Iowa be now
established, it will soon become a State."
The movement for the establishment of a State government was inaugurated
by Robert Lucas in his message to the second Legislative Assembly which
met at Burlington on November 4, 1839. The Governor was of the opinion
that in view of the "rapidly increasing population, and advancing
prosperity of the Territory" the Assembly might "with propriety proceed
to measures preparatory to the formation of a Constitution and State
government." He knew that some would object to such measures as
premature, "inasmuch as our expenses are defrayed by the United States,"
while the financial burdens of a State government would all have to be
borne by the people. But, argued the Governor, did not prosperity and
improvement within the States of Ohio, Indiana, Illinois, and Michigan
languish during the Territorial period, and then advance "with rapid
strides from the moment of their several admissions into the Union as
independent States?" To his Excellency these historical "facts" were
conclusive. The inference was clear in his mind. Prosperity and
improvement result from the establishment of State government. So he
earnestly recommended to the Legislative Assembly "the early passage of
a memorial to Congress, respectfully asking of that body the
passage of an Act, at their ensuing session, granting to the inhabitants
of Iowa Territory the right to form a Constitution and State Government,
and to provide for their admission into the Union upon an equal footing
with the original States." Furthermore, he recommended "the passage of a
law to provide for the calling of a convention to form a state
constitution, so soon as Congress may grant by law the privilege to do
so." The Governor was seriously in earnest. He even went so far as to
recommend definite boundaries for the proposed Commonwealth.
Lucas was not alone in these advanced views. The newly elected President
of the Council, Stephen Hempstead, thought that, notwithstanding the
fact that the "Territory is yet in the bloom of infancy," only a
"short period will elapse before Iowa will become a State." "You,
gentlemen," he said, addressing the members of the Council, "are placed
here for the purpose of maintaining her rights as a territory, to enact
salutary laws for her government and to prepare her for an admission
into the Union, under the great principles of civil liberty."
But the Legislative Assembly was more conservative. At the regular
session of 1839-40 it neither memorialized Congress on admission into
the Union nor passed a law providing for the calling of a Convention to
form a Constitution. In opposition to the recommendations of the
Governor and the views of a minority in the Assembly, it was argued (1)
that the establishment of State Government would increase the
burdens of taxation "which must render the new State government
burdensome as well as odious to the people," (2) that "it could not add
to the prosperity of the agriculturalist, the merchant, the miner, or
the mechanic; nor could it render any more fruitful the sources of
profit which are open to honest industry and application," and (3) that
the people of the Territory enjoy under the acts of Congress ample
liberty and freedom in self-government. The second Legislative Assembly
of the Territory was not willing to assume the responsibility of
measures looking toward so radical a change in the political status of
the people of Iowa. On January 17, 1840, it adjourned only to meet again
in extra session later in the year.
In the meantime the Committee on Territories in the House of
Representatives had reported a bill enabling the people of Iowa to form
a Constitution and State government. This gave Lucas an opportunity of
directing attention again to the matter in which he was so deeply
interested. When the Assembly met in extra session July 13, 1840, he was
prepared with a suggestion that was as reasonable as it was democratic.
He would have the whole question referred to the people for decision.
Presuming that the bill before Congress would pass, Lucas ventured to
"suggest to the Legislative Assembly the expediency of providing by law
for taking the sense of the people of this Territory on the subject of a
convention at the next ensuing annual election." "It appears to me," he
said, "that there can be no objection to submitting the subject to
the people for their consideration, as an expression of public opinion
through the ballot-box would enable the ensuing Legislative Assembly to
act understandingly, and in accordance with the expressed will of the
people on this important subject."
Following the suggestion of the Chief Executive the Assembly provided by
law for obtaining the wishes of the people at the annual August
elections. All who favored the calling of a Convention were required to
write "convention" on their ballots; while all who opposed the
proposition were required to write "no convention." The law having been
approved by the Governor on the last day of July, very little time was
left for its consideration by the electorate before the elections.
When the official returns were counted the Governor in a proclamation
declared the result to be 937 votes for and 2,907 votes against a
Convention. The defeat, which was decisive, indicated that the squatters
had not yet paid for their claims. And so the Organic Act of 1838
continued to serve the people of Iowa as the code of fundamental law.
Robert Lucas was disappointed, but he had to admit that the Territory
went on increasing in population and wealth with phenomenal rapidity,
notwithstanding the "facts" in the history of the Old Northwest. Not
even the "imperfect conditions of Territorial government" seemed to
affect in the slightest degree the economic prosperity and improvement
of this frontier community.
The overwhelming defeat of the Convention proposition at the polls
checked for a time all agitation in favor of a State Constitution. Even
the Governor, who up to this time had been its most sanguine advocate,
declared in his message of November that since the people had expressed
their preference for Territorial Government, "all further legislation on
the subject at the present session" is precluded. The question now
remained in _statu quo_ for over a year, that is, from August, 1840, to
December, 1841.
In the meantime Robert Lucas had served out his full term of three
years. There was no chance for his reappointment since the Democrats had
lost the Presidency in the elections of 1840. The new Whig President,
William Henry Harrison, appointed John Chambers, of Kentucky, to
succeed the Ohio statesman. Again Iowa was fortunate in securing as
Governor a man of experience and of National reputation.
When Governor Chambers sent his first message to the Legislative
Assembly in December, 1841, he thought he had reason to believe that if
the question of a Convention were again submitted to the people there
would be evidenced by them a marked change in sentiment. Why? The answer
was clearly set forth in the message. First, the population of the
Territory had increased phenomenally since August, 1840. Secondly,
Congress had passed the "Distribution Act" which provided (_a_) that
Iowa should participate in the _pro rata_ distribution, along with the
twenty-six States and three Territories, and the District of
Columbia, of the net proceeds of the sales of public lands, and (_b_)
that five hundred thousand acres of land for internal improvements
should be granted to every new State that should be admitted into the
Union. John Chambers thought the liberal provisions of the
Distribution Act would remove the grounds of all objections based upon
the argument that State organization would be followed by burdensome
taxes. In the light of these considerations he recommended that the
question of a Convention be again submitted to the people.
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."
From this speech it appears that the bill relative to State
organization, as originally introduced, provided for a vote of the
people on the question of a Constitutional Convention and the election
of delegates at the same time. This was confusing, since the election of
delegates assumed a favorable vote on the question of a
Convention.
But Mr. Springer was opposed to the bill in any form. He thought that
since the people had not expressed a contrary opinion their adverse vote
in 1840 "ought to settle the question." He intimated that the bill
sought to create places for disappointed politicians. Certain prominent
Democrats--notably Robert Lucas and Judge Williams--had recently lost
their positions. "So offices must be created for them. Hence the
proposition to create a State Government." Furthermore, Mr. Springer
opposed the bill because State organization would greatly increase the
burdens of local taxation. Nor was the recent legislation of Congress a
satisfactory reply; for in his opinion the benefits to be derived
from the Distribution Act would after all be inconsiderable.
Satisfied with existing conditions, he asked: "Are we slaves? Is our
liberty restricted? Are we deprived of the rights, immunities, and
privileges of American citizens? Is the rod of oppression held over us
by the General Government? Has that Government manifested its care
towards us by sending persons to 'spy out our liberties, misrepresent
our character, prey upon us, and eat out our substance?' It is not
pretended that there is a murmur of the kind. We are in possession of
the most enlarged liberty and the most liberal favors. Then why urge
this measure, uncalled for by the people, unwarranted by the condition
of the Territory?" The newspapers of the Territory were divided on
party lines. The Democratic press favored the calling of a Convention
and urged the immediate organization of a State government; while the
Whig press just as vigorously opposed all such measures from the calling
of a Convention to admission into the Union.
In favor of a Constitutional Convention it was urged that the admission
of Iowa into the Union would result in a more rapid increase in the
population by immigration, since immigrants as a rule preferred States
to Territories. Again, admission into the Union would give Iowa more
influence at Washington, which would probably mean generous
appropriations by Congress for the improvement of the rapids of the
Mississippi. Politically the change would place the new Commonwealth on
an equal footing with the other States, give the people a voice in
the election of a President in 1844, and secure to them the long desired
privilege of choosing their own Governor. It was even claimed that
Statehood would promote character, foster independence, engender State
pride, and inspire dignity, since "it would secure to us the noblest
privilege of freemen! that of electing our own officers to govern over
us, instead of being subjected to the additional humiliation of having
them sent from abroad for that purpose." Finally, it was suggested that
if Iowa did not hasten to make application for admission into the Union,
Florida, the slave Territory which was then ready to be admitted, would
be paired with Wisconsin.
These arguments were frequently accompanied by declamation and
exhortation. The Territorial state was declared to be a condition of
"colonial dependence" or "colonial vassalage." And so the question
before the people was set forth as one of "Dependence" or
"Independence." Will they support the proposition to establish a State
government and thus follow in the footsteps of the Fathers of the
Revolution? Or will they oppose the proposition and thereby brand
themselves as Tories? To the advocates of State government the way was
clear. "The freemen of Iowa should rise and strike for independence."
On the other hand, the opponents of State organization were quite
willing "to let good enough alone." They were satisfied with Territorial
government and saw no good reasons for a change. They were not
unmindful of the fact that under the existing arrangement the expenses
of the Territorial government were paid out of the Treasury of the
United States. Then, too, the Whigs thought that the whole movement in
favor of a State government savored of "jobs" and party aggrandizement.
"It is evident," they said, "that a scheme is maturing with the
Loco-focos of this Territory to involve the people in the support of a
State government" for the "express purpose, as we believe, of
benefitting such men as Ex-Governor Lucas (Lord Pomposity) and Judge
Williams, and a few others of the same stamp."
Furthermore, some declared that Iowa was too young for Statehood, her
resources were too limited, and the people were hardly prepared for the
adoption of State government. Mr. Lowe argued that the change
would be undesirable because there really were no eminent men in the
Territory fitted for the tasks of State government. This was intimating
that the pioneers of Iowa were incapable of self-government.
But the vital argument against this or any measure looking toward the
establishment of a State government was the one which appealed directly
to the people as taxpayers. Under the Organic Act of 1838 the United
States generously assumed the burden of supporting the general
government of the Territory, and so the salaries of Governor, Judges,
Secretary, Attorney, and Marshals, the _per diem_ allowance of the
members of the Legislative Assembly, the expense of printing the laws,
the contingent expenses of the Territory, and other incidental
expenses were all paid out of the Treasury of the United States. Public
buildings were erected out of funds drawn from the same source. But a
change from Territorial to State organization meant that in the future
these public expenditures would have to be met by warrants drawn on the
Treasury of the State, the coffers of which must be supplied through
local taxation. The people protested. The men who were industriously
breaking the prairies, clearing the forests, and raising corn preferred
to invest their small earnings in lands and plows and live stock.
An attempt was made to answer this argument. It was confidently asserted
that the additional expense entailed by a State government would not
exceed thirty thousand dollars annually. Nor would this amount
have to be contributed by the people of Iowa, since it was estimated
that the benefits to be derived from the Distribution Act would more
than meet all additional obligations. Besides the State would receive
five hundred thousand acres of land as a gift; while all the lands
reserved for the support of schools could, under State organization, be
used for such purposes.
The answer was of little avail. No one could predict with certainty the
operation of the Distribution Act. Under the circumstances a majority of
the voters were not willing to abandon the Territorial organization for
the "dignity" of a Commonwealth government. At the general elections in
August, 1842, every County in the Territory returned a majority
_against_ a Convention. Again the existence of the Organic Act of 1838
as a code of fundamental law was prolonged by a vote of the people.
Again the agitation for a State Constitution remained in abeyance for
over a year, that is, from August, 1842, to December, 1843. In the
meantime there were at least some immigrants who did not "prefer States
to Territories." By May, 1844, the population of the Territory numbered
over seventy-five thousand souls.
When the Legislative Assembly met in December, 1843, Governor Chambers
was confident that the population of Iowa had "attained a numerical
strength" which entitled the people to a participation in the government
of the Union and to the full benefits of local legislation and
local self-government. He therefore recommended in his message that
provision be made for ascertaining the wishes of the people "in relation
to this important matter." At the same time he advised the Assembly to
"apply to Congress to fix and establish, during its present session, a
boundary for the proposed State, and to sanction the calling of a
Convention and to make provision for our reception into the Union as
soon as we shall be prepared to demand it."
The Governor's reference at this time to a possible boundary dispute is
interesting in the light of subsequent events. He says: "The
establishment of a boundary for us by Congress will prevent the
intervention of any difficulty or delay in our admission into the Union,
which might result from our assuming limits which that body might
not be disposed to concede to us."
The Legislative Assembly responded promptly to the suggestion that the
people of the Territory be given another opportunity to express an
opinion on what had come to be the most interesting question in local
politics. As early as February 12, 1844, "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 for the State of
Iowa" was approved by the Governor. In substance this act was
practically a restatement of the provisions of the act of February 16,
1842. The _viva voce_ vote was to be taken at the Township elections in
April, 1844.
In many respects the campaign of the spring of 1844 was a
repetition of the campaign of 1842. On the main issue the political
parties were divided as before, that is, the Democrats favored and the
Whigs opposed the calling of a Convention. In the public speeches and in
the utterances of the press there was little that was new or refreshing.
All the old arguments of 1840 and 1842 were dragged out and again
paraded through the editorial columns of the newspapers. Again the
opponents of State organization talked about the certain increase in the
burdens of taxation and intimated that the whole movement was set on
foot for no other purpose than to provide places for Democratic
office-seekers. Again the ardent supporters of State government ignored
the latter charge and replied to the taxation argument by quoting
the provisions of the Distribution Act. Altogether the discussion lacked
freshness, force, and vigor--it was stale and hackneyed. Two years of
growth and reflection had wrought a change in sentiment. The public mind
had evidently settled down in favor of State organization. At the
elections in April the people returned a large majority in favor of
calling a Constitutional Convention.
This first move in the direction of Statehood having been made by the
people, it now remained to take the several additional steps of (1) the
election of delegates to a Constitutional Convention, (2) the drafting
of a State Constitution, (3) the adoption of such a Constitution by the
people, and (4) the admission of the new State into the Union.
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