The code of fundamental law which was drafted by the Convention of
1857 was modeled upon the Constitution of 1846, as this instrument had
previously been patterned after the Constitution of 1844. Perhaps it
would be better to say that the Constitution of 1857 was simply a
revision of the Constitution of 1846. The later document, however, is
fuller and altogether more complete and more perfect than its
precursors.
The changes which had been effected in the fundamental law were summed
up by the President of the Convention in his closing remarks as
follows: "We have added some new and important guards for the security
of popular rights, and for the promotion of the best interests of the
social compact. Restrictions existed in the old constitution, which it
is believed have operated to check and retard the energies and
prosperity of the State. These we have removed. We have stricken the
fetters from the limbs of the infant giant, and given free scope to
resources, capable as we believe, of working out the highest results."
Some important additions were made to the Bill of Rights. Section four
declares that the testimony of any person (including Negroes), not
disqualified on account of interest, may be taken and used in any
judicial proceeding. Section six provides that the "General Assembly
shall not grant to any citizen, or class of citizens, privileges
or immunities, which, upon the same terms, shall not equally belong to
all citizens." To section nine is added the classical declaration that
"no person shall be deprived of life, liberty, or property, without
due process of law." Section twenty-four, which is altogether new,
provides that "no lease or grant of agricultural lands, reserving any
rent, or service of any kind, shall be valid for a longer period than
twenty years."
In Article III. the date of the regular biennial session of the
General Assembly is changed from the first Monday in December to "the
second Monday in January next ensuing the election of its members."
Section fifteen provides that bills (including those for revenue) may
originate in either House of the General Assembly. But,
according to Section seventeen, "no bill shall be passed unless by the
assent of a majority of all the members elected to each branch of the
General Assembly." Furthermore, the cases in which the General
Assembly is prohibited from passing local or special laws are
specifically enumerated in section thirty.
The most significant change or addition in the article on the
"Executive Department" is the provision for a Lieutenant Governor.
The article on the Judicial Department provides for the election of
the Judges of the Supreme Court by the people instead of by the
General Assembly. By the same article provision is made for "the
election of an Attorney General by the people."
The article on "State Debts" is more explicit and more guarded, but
permits the State to contract debts which, however, "shall never
exceed the sum of two hundred and fifty thousand dollars."
Article VIII. removes the illiberal restrictions which had been placed
by the Constitution upon Corporations--especially banking
Corporations. And Article X. makes the process of amending the
fundamental law altogether more flexible.
The Board of Education, provided for in Article IX., was an
innovation. As a system of educational control it proved
unsatisfactory and was soon abolished by the General Assembly.
The new Constitution was submitted to the people for ratification at
the regular annual election which was held on Monday, August 3,
1857. Naturally enough the Democrats, who had been in the minority in
the Convention of 1857, opposed the adoption of this "Republican
code." The Republican party, however, now had the confidence of the
people and were able to secure its ratification by a majority of
sixteen hundred and thirty votes. At the same time the special
amendment which proposed to extend the right of suffrage to Negroes
failed of adoption.
On September 3, 1857, Governor James W. Grimes declared the "New
Constitution" to be "the supreme law of the State of Iowa."