When the members of the eighth Legislative Assembly of the Territory
of Iowa met in the Capitol on the first Monday of December, 1845, they
found that, as a result of the rejection of the Constitution of 1844,
they were face to face with the question which for six years had
confronted the pioneer law-makers of Iowa as the greatest political
issue of the Territorial period. They found that the whole problem of
State organization was before them for reconsideration.
It was found also that Politics had worked some changes in the
government of the Territory. John Chambers, who upon the completion of
his first term as Governor had been promptly reappointed in 1844 by
President Tyler, was as cheerfully removed by President Polk in 1845.
And the Democracy of Iowa rejoiced over this manifestation of
Jacksonianism. They believed that they would now have a Governor after
their own heart--a Democrat who would have confidence in the people
and respect the acts of their representatives. To be sure, the first
Governor of the Territory of Iowa was a Democrat; but Robert Lucas had
been altogether too independent. He had presumed to point out and
correct the errors and blunders of the Assembly; whereas a true
Democratic Governor was one who did not lead, but always followed the
wisdom of the masses.
James Clarke, the new Governor, was a citizen of Burlington and editor
of the _Territorial Gazette_. During his residence in the Territory he
had always taken an active part in Politics. In 1844 he served as a
Delegate in the Constitutional Convention. Before this he had acted as
Territorial Librarian; and for a short time he filled the office of
Secretary of the Territory.
Governor Clarke regretted the fate of the Constitution which he had
helped to frame. In his message of December 3, 1845, he said: "Since
your adjournment in June last, a most important question has been
decided by the people, the effect of which is to throw us back where
we originally commenced in our efforts to effect a change in the form
of government under which we at present live.--I allude to the
rejection of the Constitution at the August election. This result,
however brought about, in my judgment, is one greatly to be
deplored.--That misrepresentation and mystification had much to do in
effecting it, there can be no doubt; still it stands as the recorded
judgment of the people; and to that judgment until the people
themselves reverse the decree, it is our duty to submit."
As to recommendations in reference to this problem the Governor was
cautious. He favored State organization, because he thought that "the
prosperity of Iowa would be greatly advanced by her speedy
incorporation into the Union as a State." But he did not presume to
recommend a particular course of action; he simply assured the
Assembly of his hearty co-operation in any measure which might be
enacted looking toward the accomplishment of the desired end, that is,
the early admission of Iowa into the Union.
Confident that the people of Iowa really desired State organization
and were anxious for its immediate establishment, the Legislative
Assembly passed a bill providing for the election of delegates to a
Constitutional Convention. This act, which was approved January 17,
1846, called for the election by the people of thirty-two delegates at
the township elections in April. The delegates were directed to meet
at Iowa City on the first Monday of May, 1846, "and proceed to form a
Constitution and State Government for the future State of Iowa." When
completed the draft of the code of fundamental law was to be
submitted to the people for ratification or rejection at the first
general election thereafter. If ratified by the people it was then to
be submitted to Congress with the request that Iowa be admitted into
the Union "upon an equal footing with the original States." Thus the
Legislative Assembly forestalled the possibility of a repetition of
the blunder of submitting to Congress a Constitution before it had
been passed upon by the people. There was no serious opposition to the
course outlined by the Assembly, for a large majority of the people
were now anxious to see the matter of State organization carried to a
successful conclusion.
Owing to the absence of vital issues, the canvass preceding the
election of delegates was not what would be called an enthusiastic
campaign. There was of course a party struggle between the Whigs and
the Democrats for the seats in the Convention. But the Whigs, "aware
of their hopeless minority," advocated a "non-partisan election." They
clamored for a "no-party Constitution,"--one free from party
principles--for they did not want to see the Constitution of the State
of Iowa made the reservoir of party creeds. They contended, therefore,
that the delegates to the Convention should be chosen without
reference to party affiliations.
The Democrats, however, were not misled by the seductive cry of the
Whigs. They proceeded to capture as many seats as possible. Everywhere
they instructed their candidates to vote against banks. When the
returns were all in it was found that they had elected more than
two-thirds of the whole number of delegates.
Of the thirty-two delegates who were elected to seats in the
Convention of 1846, ten were Whigs and twenty-two were Democrats.
Fifteen of the members were born in the South, eight in the New
England States, four in the Middle States, and five in Ohio. Of those
born in the South six were from Kentucky, four from Virginia, three
from North Carolina, one from Alabama, and one from Maryland. The
eight members born in New England were four from Vermont and four from
Connecticut. The oldest member of the Convention was sixty-seven, the
youngest twenty three; while the average age of all was about
thirty-seven years. As to occupation, there were thirteen farmers,
seven lawyers, four merchants, four physicians, one mechanic, one
plasterer, one smelter, and one trader.
It was on the morning of May 4, 1846, that the second Constitutional
Convention met in the rooms of the Old Stone Capitol at Iowa City.
Thirty names were entered on the roll. James Grant, a delegate from
Scott county who had served in the first Convention, called the
members to order. William Thompson (not a member) was appointed
Secretary _pro tem_. Such was the temporary organization. It lasted
but a few minutes; for, immediately after the roll had been called,
Enos Lowe, of Des Moines county, was chosen, _viva voce_, President of
the Convention. Mr. Thompson was retained as permanent Secretary, Wm.
A. Skinner was named as the Sergeant-at-Arms. At this point "the Rev.
Mr. Smith invoked a blessing from the Deity upon the future labors of
the Convention." This was the only prayer offered during the entire
session. Some time was saved by the immediate adoption of the rules of
the Convention of 1844.
In the afternoon it was agreed to have six regular standing
Committees. These were: (1) On Boundaries and Bill of Rights; (2) On
Executive Department; (3) On Legislative Department, Suffrage,
Citizenship, Education, and School Lands; (4) On Judicial Department;
(5) On Incorporations, Internal Improvements, and State Debts; and (6)
On Schedule.
It is unfortunate that only the barest fragments have been
preserved of what was said in the Convention of 1846. The official
journal and a few speeches are all that have come down to us. The
debates could not have been very long, however, since the entire
session of the Convention did not cover more than fifteen days. The
discussion for the most part was confined to those subjects upon which
there had been a marked difference of opinion in the earlier
Convention or which had received attention in the campaigns of 1845.
Indeed, the fact that Boundaries, Incorporations, Banks, Salaries,
Suffrage, Executive Veto, Elective Judiciary, and Individual Rights
were among the important topics of debate is evidence of a desire on
the part of the Convention to formulate a code of fundamental law that
would not meet with the criticisms which were so lavishly heaped
upon the Constitution of 1844.
The Convention of 1846 was certainly in earnest in its desire to draft
a Constitution which would be approved by the people. Enos Lowe, the
President, had at the outset informed the members that they were
elected "to form a _new_ Constitution." But the attitude of the
Convention is nowhere better expressed than in the following action
which was taken on the eleventh day of May: "Whereas, In the opinion
of this Convention, it is all important that the Constitution formed
here at this time, be so framed as to meet with the approbation of a
majority of the electors of this Territory, therefore,
"_Resolved_, That a committee of three be added to the Supervisory
Committee, whose duty shall be to enquire into the sectional
feelings on the different parts of a Constitution, and to report
such alterations as to them appears most likely to obviate the
various objections that may operate against the adoption of this
Constitution."
By the nineteenth of May the Convention of 1846 had completed its
labors. In comparison with the Convention of 1844 its history may be
summed up in the one word, "Economy." The Convention of 1846 contained
thirty-two members; that of 1844, seventy-two. The former continued in
session fifteen days; the latter twenty-six days. The expenditures of
the second Convention did not exceed $2,844.07; while the total cost
of the first Convention was $7,850.20. Here then was economy in
men, economy in time, and economy in expenditures. The thrifty
pioneers were proud of the record.