THE CONSTITUTION OF 1857

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."

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