THE CONSTITUTION OF 1844 SUBMITTED TO CONGRESS

The second session of the Twenty-Eighth Congress opened on Monday,

December 2, 1844. On December 9, Senator Tappan presented to the

Senate the Constitution which had been framed by the Iowa Convention

of 1844. It was referred at once to the Committee on the Judiciary.

Three days later Augustus C. Dodge, Delegate from the Territory of

Iowa, laid before the House of Representatives a copy of the same

instrument together with an ordinance and a memorial from the Iowa

Convention. Here the documents were referred to the Committee on

Territories.

On January 7, 1845, through Mr. Aaron V. Brown, the Committee on

Territories reported a bill for the admission of Iowa and Florida into

the Union. This bill was read twice and referred to the Committee of

the Whole House on the State of the Union, wherein it was considered

on the three days of February 10, 11, and 13. It passed the House of

Representatives on February 13, 1844, by a vote of one hundred and

forty-four to forty-eight.

The day after its passage in the House of Representatives the bill was

reported to the Senate. Here it was referred to the Committee on the

Judiciary, from which it was reported back to the Senate without

amendment on February 24. The Senate considered the measure on March

1, and passed the same without alteration by a vote of thirty-six to

nine. On March 3, 1845, the act received the signature of President

Tyler.

The debate on the bill for the admission of Iowa under the

Constitution of 1844 is of more than local interest since it involved

a consideration of the great question of National Politics in its

relation to the growth of the West and the admission of new States.

When Iowa applied for State organization in 1844, Florida had been

waiting and pleading for admission ever since the year 1838. The

reason for this delay was very generally understood and openly avowed.

States should be admitted not singly but in pairs. Florida was waiting

for a companion. And so in 1844 it fell to Iowa to be paired with the

peninsula. The principle involved was not new; but never before

had two States been coupled in the same act of admission. The object

sought was plainly the maintenance of a _balance of power_ between the

North and the South.

But back of the principle of the balance of power, and for the

preservation of which that principle was invoked, stood Slavery. The

institution of free labor in the North must be balanced by the

institution of slave labor in the South, since both must be preserved.

And so the admission of Iowa and Florida had to be determined in

reference to this all-devouring question of National Politics.

Upon examination it was found that the proposed Constitution of

Florida not only sanctioned the institution of Slavery, but it

positively guaranteed its perpetuation by restraining the

General Assembly from ever passing laws under which slaves might be

emancipated. On the other hand the Constitution of Iowa, although it

did not extend the privilege of suffrage to persons of color, provided

that "neither slavery nor involuntary servitude, unless for the

punishment of crimes, shall ever be tolerated in this State."

Now it so happened that the opposing forces of slave labor and free

labor, of "State Rights" and "Union," came to an issue over the

boundaries of the proposed State of Iowa. In the bill for admission,

as reported by the House Committee on Territories, the boundaries

asked for by the Iowa Convention in the Constitution submitted by them

were retained without alteration. But Mr. Duncan, of Ohio, had

other limits to propose. He would have the new State of Iowa "bounded

by the Mississippi on the East, by a parallel of latitude passing

through the mouth of the Mankato, or Blue Earth river, on the North,

by a meridian line running equidistant from the seventeenth and

eighteenth degrees of longitude West from Washington on the West, and

by the Northern boundary of the Missouri on the South." Mr. Duncan

pointed out that these were the boundaries proposed by Nicollet in the

report which accompanied the publication in January, 1845, of his map

of the basin of the upper Mississippi. He preferred the _Nicollet

boundaries_ because (1) they were "the boundaries of nature" and (2) at

the same time they left sufficient territory for the formation of two

other States in that Western country.

On the other hand, Mr. Brown, Chairman of the Committee on

Territories, said that the question of boundaries had been carefully

investigated by his Committee, "and the conclusion to which they had

come was to adhere to the boundary asked for by the people of Iowa,

who were there, who had settled the country, and whose voice should be

listened to in the matter."

Mr. Belser, of Alabama, was opposed to the Duncan amendment since it

"aimed to admit as a State only a portion of Iowa at this time. This

he would have no objection to, provided Florida is treated in the same

way. He was for receiving both into the Confederacy, with like terms

and restrictions. If Iowa is to come in without dismemberment, then

let Florida enter in like manner; but if Iowa is divided, then let

Florida be divided also."

Mr. Vinton, of Ohio, was the most vigorous champion of the Duncan

amendment. He stood out firmly for a reduction of the boundaries

proposed by the Iowa Convention because the country to the North and

West of the new State, "from which two other States ought to be

formed," would be left in a very inconvenient shape, and because the

formation of such large States would deprive the West of "its due

share of power in the Senate of the United States."

Mr. Vinton was "particularly anxious that a State of unsuitable extent

should not be made in that part of the Western country, in consequence

of the unwise and mistaken policy towards that section of the Union

which has hitherto prevailed in forming Western States, by which the

great valley of the Mississippi has been deprived, and irrevocably so,

of its due share in the legislation of the country." As an equitable

compensation to the West for this injustice he would make "a series of

small States" on the West bank of the Mississippi.

Furthermore, Mr. Vinton did not think it politic to curtail the power

of the West in the Senate of the United States by the establishment of

large States, since in his opinion "the power of controlling this

government in all its departments may be more safely intrusted to the

West than in any other hands." The commercial interests of the people

of the West were such as to make them desirous of protecting the

capital and labor both of the North and the South.

Again, he declared that if disunion should ever be attempted "the West

must and will rally to a man under the flag of the Union." "To

preserve this Union, to make its existence immortal, is the high

destiny assigned by Providence itself to this great central power."

The arguments for restriction prevailed, and the Duncan amendment,

which proposed to substitute the _Nicollet boundaries_ for the _Lucas

boundaries_, passed the House of Representatives by a vote of

ninety-one to forty.

In the Senate the bill as reported from the House was hurried through

without much debate. Here the question of boundaries seems to have

received no consideration whatever. There were, however, strong

objections in some quarters to coupling Iowa with Florida in the

matter of admission.

Senator Choate, of Massachusetts, called attention to the fact that

this was the first instance in the history of the admission of States

where it was proposed to admit two States by the same act. Under the

circumstances he could welcome Iowa into the Union, but he could not

give his hand to Florida. It could not be argued that Florida must be

admitted to balance Iowa, since the admission of Texas was already

more than a balance for the northern State. However appropriate it

might have been at an earlier day to pair Florida with Iowa, it ought

not to be thought of at this time. For, since the introduction of the

bill, "we have admitted a territory on the southwest much larger than

Iowa and Florida together--a territory that may be cut up into

forty States larger than our small States, or five or six States as

large as our largest States. Where and how is the balance to be found

by the North and East for Texas? Where is it to be found but in the

steadfast part of America? If not there, it can be found nowhere else.

God grant it may be there! Everything has been changed. An empire in

one region of the country has been added to the Union. Look east,

west, or north, and you can find no balance for that."

Senator Evans touched upon the great issue when he proposed an

amendment which provided that so far as Florida was concerned the bill

should not take effect until the people had removed from their

Constitution certain restrictions on the General Assembly relative to

the emancipation of slaves and the emigration and immigration of free

negroes or other persons of color. He was opposed to discriminations

against free persons of color. Why, then, retorted a Senator from the

South, do you not direct your artillery against the Constitution of

Iowa which does not allow a colored person to vote?

No good reason had been urged showing why Iowa should not be admitted

into the Union. All of the essential qualifications for statehood were

present--a large and homogeneous population, wealth, _morale_, and

republican political institutions. Congress did not pass an adverse

judgment on the Constitution of 1844, since that instrument provided

for a government which was Republican in form and satisfactory

in minor details. Only one change was demanded, and that was in

relation to the proposed boundaries. Here Congress insisted upon the

_Nicollet boundaries_ as incorporated in the act of admission of March

3rd, 1845, in opposition to the _Lucas boundaries_ as provided for in

the Constitution of 1844.

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