History of the Constitutions of Iowa

Next in importance to the question of Corporations was the Negro problem. Shall the public schools of the State be open to persons of color? Shall the Constitution guarantee to all persons, irrespective of color, the right to acquire, hold, and transmit property? Shall the testimony of Negroes be accepted in the courts? Was the militia to be composed exclusively of "able-bodied white male citizens?" Shall the right of suffrage be extended to Negroes? It was in respect to these vital questions of the hour that the Republican majority in the Convention was compelled to declare and defend its attitude.

The fact that the Republican party of Iowa was thus being put on trial for the first time makes the debates of the Convention of 1857 memorable in the political annals of the State. But these Iowa Republicans were at the same time defining and defending the attitude of their party on National issues; and so the debates of the Iowa Convention are a source-book also in the broader history of America.

No one can read the pages of these debates without feeling that Iowa was making a decided contribution to National Politics. Nearly four years before the "Divided House Speech" was delivered at Springfield, Illinois, Governor Grimes had said in his inaugural address: "It becomes the State of Iowa-the only free child of the Missouri Compromise-to let the world know that she values the blessings that Compromise has secured her, and that she will never consent to become a party to the nationalization of slavery." And full two years before Lincoln defined the attitude of his party in the Lincoln-Douglas debates, it had gone forth from the Iowa Convention, (1) that the Republican party was not a sectional party; (2) that Abolition was not a part of the Republican creed; and (3) that, while they would arrest the further extension of slavery, Republicans had no desire to interfere with the institution in places where it already existed.

The question as to whether the Negro should be allowed to vote in Iowa was referred to the people to be decided by them when the Constitution itself was submitted for ratification.

Another question of interest which provoked considerable discussion in the Convention was the location of the State University and the re-location of the Capital. This problem had already been solved by the General Assembly. But to prevent further agitation by making the compromise permanent the following section was added to the new Constitution: "The Seat of Government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk, and the State University at Iowa City, in the county of Johnson."

After a session of thirty-nine days the third Constitutional Convention in the history of Iowa adjourned sine die on Thursday, March 5, 1857.

XX

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."