XIII

THE CONSTITUTION OF 1844 DEBATED

AND DEFEATED BY THE PEOPLE

While Congress was discussing the boundaries of Iowa and carefully

considering the effect which the admission of the new State might

possibly have upon matters of National concern, the Constitution of

1844 was being subjected to analysis and criticism throughout the

Territory. Moreover, it is interesting to note that the only provision

of the Constitution which was held up and debated in Congress was the

very one which was generally accepted by the people of the Territory

without comment. Whigs and Democrats alike were satisfied with the

_Lucas boundaries_. Nor did the people of Iowa at this time

think or care anything about the preservation of the "balance of

power." Their adoption of, and adherence to, the _Lucas boundaries_

was founded upon local pride and commercial considerations.

Opposition to the Constitution of 1844 was at the outset largely a

matter of partisan feeling. The Whigs very naturally opposed the

ratification of a code of fundamental law which had been formulated by

a Democratic majority. Then, too, they could not hope for many of the

Federal and State offices which would be opened to Iowans after the

establishment of Commonwealth organization. And so with genuine

partisan zeal they attacked the instrument from Preamble to Schedule.

Nothing escaped their ridicule and sarcasm. By the Democratic

press they were charged with "an intent to keep Iowa out of the Union,

so that her two Senators shall not ensure the vote of the United

States Senate to Mr. Polk at the next session."

But the Whigs were not altogether alone in their opposition to the

proposed Constitution, not even during the early weeks of the

campaign. There was some disaffection among the Democrats themselves,

that is, among the radicals who thought that the new code was not

sufficiently Jeffersonian. The editor of the _Dubuque Express_, for

example, was severe in his criticisms, but he intimated that he would

vote for the Constitution in the interests of party discipline. The

_Bloomington Herald_, on the other hand, although a strong organ

of the Democracy, emphatically declared through its editorial columns

that "admission under the Constitution would be a curse to us as a

people."

As a party, however, the Democrats favored the Constitution of 1844,

defended its provisions, and urged its adoption by the people. They

held that as a code of fundamental law it was all that could be

expected or desired, and with a zeal that equaled in every way the

partisan efforts of the Whigs they labored for its ratification at the

polls.

An examination of the arguments as set forth in the Territorial press

reveals two classes of citizens who opposed ratification. First, there

were those who were hostile to the Constitution because they did not

want State government. Secondly, there were others who could not

subscribe to the provisions and principles of the instrument itself.

The out-and-out opponents of State government continued to reiterate

the old argument of "Economy." They would vote against the

Constitution in order to prevent an increase in the burdens of

taxation. This argument of itself could not possibly have defeated

ratification, since there was at this time an overwhelming majority

who desired admission into the Union. And yet the plea of economy

(which always appealed strongly to the pioneers) undoubtedly

contributed somewhat to the defeat and rejection of the Constitution

of 1844.

Prior to the first of March, 1845, opposition to ratification was

expressed chiefly in objections to the proposed Constitution. As

a whole that instrument was characterized as "deficient in style,

manner, and matter, and far behind the spirit of this enlightened

age." It could not even be called a code of fundamental law, since it

contained legislative as well as Constitutional provisions. It

confounded statute law with Constitutional law.

In its detailed provisions and clauses the Constitution of 1844 was

still less satisfactory to the opponents of ratification. They seemed

to see everywhere running through the whole instrument erroneous

principles, inexpedient provisions, and confused, inconsistent, and

bungling language. They declared that the legislative, executive, and

judicial departments of the government were not sufficiently separate

and distinct. The principle of the separation of powers was

clearly violated (1) by giving to the Executive the power of veto, and

(2) by allowing the Lieutenant Governor to participate in the debates

of the Senate. Nor were the popular powers--namely, the powers of

sovereignty--always differentiated from the delegated powers--or, the

powers of government.

The Constitution was roundly abused because it provided for the

election of the Judges of the inferior courts by the people. To the

minds of the critics the office of Judge was too sacred to be dragged

into partisan politics and through corrupting campaigns. Judges ought

not to be responsible to the people, but solely to their own

consciences and to God. Likewise, it was contrary to the principles of

efficient and harmonious administration to provide for the

popular election of the Secretary of State, Auditor of Public

Accounts, and Treasurer. Such positions should be filled by executive

appointment.

Again, the Constitution was attacked because it provided for biennial

instead of annual elections. The salaries fixed for State officers

were "niggardly and insufficient." The method prescribed for amending

the Constitution was altogether too tedious and too uncertain. The

provisions relative to corporations were too narrow, since they

restrained the General Assembly from providing for internal

improvements. By requiring all charters of banks and banking

institutions to be submitted to a direct vote of the people, the

Constitution practically prevented the organization and establishment

of such institutions.

Finally, objections were made to that section of the Bill of Rights

which provided that no evidence in any court of law or equity should

be excluded in consequence of the religious opinions of the witness.

To some it was horrifying to think of admitting the testimony of

non-believers and Atheists.

Such were the arguments against ratification which were advanced by

the opponents of the Constitution of 1844. However, that instrument

was not so defective as pictured, since back of all objections and all

opposition was the mainspring of partisan politics. The Whigs were

bent on frustrating the program of the Democrats. Were they able to

defeat the Constitution on the issue of its imperfections? No, not

even with the assistance of the radical Democrats! But fortunately for

the cause of the opposition a new and powerful objection to

ratification appeared in the closing weeks of the campaign. The news

that Congress had, by the act of March 3, 1844, rejected the

boundaries prescribed by the Iowa Convention reached the Territory

just in time to determine the fate of the Constitution of 1844.

A close examination of this act of Congress revealed the fact that the

fourth section thereof conditioned the admission of Iowa upon the

acceptance of the _Nicollet boundaries_ "by a majority of the

qualified electors at their township elections, in the manner and at

the time prescribed in the sixth section of the thirteenth article of

the constitution adopted at Iowa City the first day of November, anno

Domini eighteen hundred and forty-four, or by the Legislature of

said State." Moreover, it was found that the provisions of the

Constitution of 1844 just quoted read as follows: "This constitution,

together with whatever conditions may be made to the same by Congress,

shall be ratified or rejected by a vote of the qualified electors of

this Territory at the township elections in April next, in the manner

prescribed by the act of the Legislative Assembly providing for the

holding of this Convention: _Provided, however_, that the General

Assembly of this State may ratify or reject any conditions Congress

may make to this Constitution after the first Monday of April next."

In the light of these provisions it appeared to the people of Iowa

that a vote cast for the Constitution would be a vote for the

Constitution as modified by the act of Congress. This view was

altogether plausible since no provision had been made for a separate

ballot on the conditions imposed by Congress. And so it was thought

that a ratification of the Constitution would carry with it an

acceptance of the _Nicollet boundaries_, while a rejection of the

Constitution would imply a decided stand in favor of the _Lucas

boundaries_.

Those who during the fall and winter had opposed ratification now

renewed their opposition with augmented zeal. The Whigs turned from

their petty attacks upon the provisions of the Constitution to

denounce the conditions imposed by Congress. They declared that the

Constitution must be defeated in order to reject the undesirable

_Nicollet boundaries_.

The boundary question now led a considerable number of the more

moderate Democrats to oppose ratification. Prominent leaders of the

party took the stump and declared that it would be better to reject

the Constitution altogether than to accept the limited boundaries

proposed by Congress. They declared that the "natural boundaries" as

prescribed by the Constitution should not be curtailed, and called

upon all good Democrats to vote down their own Constitution. Many,

however, continued to support ratification, believing that the

boundaries imposed by the act of Congress were the best that could be

obtained under the existing conditions. Augustus Dodge, the Iowa

Delegate in Congress, took this stand.

When the Constitution of 1844 was before Congress Mr. Dodge had

stood firmly for the boundaries as proposed in that instrument. But on

the day after the act of March 3, 1845, had been signed by the

President, he addressed a letter to his constituents in Iowa advising

them to ratify the Constitution and accept the _Nicollet boundaries_

as prescribed by Congress. Mr. Dodge thought that the State would

still be large enough. He knew that the country along the Missouri

river was fertile, but "the dividing ridge of the waters running into

the Mississippi and Missouri rivers, called the 'Hills of the

Prairie,' and which has been excluded from our new State, is barren

and sterile." He called attention to the fact that the boundaries

prescribed by Congress were those suggested by Mr. Nicollet, a United

States Geologist, "who had accurately and scientifically

examined the whole country lying between the Mississippi and Missouri

rivers." Then he pointed out the influences which operated in reducing

the boundaries, and concluded by saying: "Forming my opinion from

extensive inquiry and observation, I must in all candor inform you

that, whatever your decision on the first Monday in April next may be,

we will not be able hereafter under any circumstances to obtain _one

square mile more_ for our new State than is contained within the

boundaries adopted by the act of Congress admitting Iowa into the

Union."

From the returns of the election it was evident that Mr. Dodge's

constituents either did not take him seriously or were sure that he

was mistaken in his conclusions. The Constitution of 1844 was

rejected by a majority of 996 votes.

The result of the election was such as to "astound the friends of the

Constitution and to surprise everybody, both friend and foe." Those

who had labored for ratification throughout the campaign abused the

Whigs for opposing so perfect an instrument, censured the Convention

for submitting the Constitution to Congress before it had been

ratified by the people, and preferred general charges of

misrepresentation. The friends of the Constitution clamored loudly for

a resubmission of the code of fundamental law as it had come from the

Convention, so that the people might have an opportunity to pass upon

it free from conditions and without misrepresentation. Within a few

weeks the seventh Legislative Assembly of the Territory was to

meet in regular session. The members would be asked to give the

Constitution of 1844 another chance.

History of the Constitutions of Iowa · 第 28 / 42 题