Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-07-20

the suoeequene aoea0o of CoDgfee4 IN quail
ifying it y that two thirds Of both Houses
NAV pass : law, he dissent Of the Governor
tothe contrary ithstanding have clear
" established the folly Of this opinion. l
might, Mr.. Editor, refer to some other le-
gal opinions gravely advanced BY "A
Whig," and which are now universally
acknowledged to be incorrect and unsound,
but the time and the space allotted to me
forbid.
"A Wing" makes the following extract
from the Organic Law: mo member Of
the legislature assembly shall hold, or be
appointed to any Office created, or the sal
AIRY or emoluments of which shall have
been increased whilst he was member,
during the time for which he shall have
been elected, and for one year after the :
piration Of said term."-Sec. 8, organic
law.
He then goes on to say-"Here is an
express declaration that no member Of the
legislature shall hold, or be appointed to
any Office, &c." and then asks the question,
which he answers in the affirmative, dis
not the delegacy an Officer" In all humil-
ity Mr.. Editor, and with, assure YOU, a
proper appreciation Of the value Of "A
Wings" legal opinion, ! venture to re-
turn negative answer, and to offer some
remarks in support Of my position. Will
it not strike you, sir, and the good people
Of our county, with some surprise, tina.
"a Wing" should he SO familiar with the
eighth and entirely overlook the seventh
section Of the Organic Law? That section,
or SO much Of it as relates to this matter.
is in the following words: ssHe it enacted,
Sc. That all township, and all county Of
fcers, e cept Judicial officers. justices Of
/ the peace, sheriffs, and clerks of court,
shall be elected by the people, in such
manner as is now prescribed by the laws
Of the Territory Of Wisconsin, or as may,
after the first election, be provided BY the
Governor and Legislative Assembly Of
Iowa Territory. The Governor shall nom
mate, and by and with the advice and con-
sent of the Legislative Council, shall APP
point all judicial officers, justices Of the
peace, sheriffs, and all militia officers, ex-
cept those Of the staff; AND ALL CIVIL
OFFICERS NOT tREIN PROVID-
ED FOR Now, sir, is it not perfectly
clear, from this section Of that law, that Il
the membership of our proposed conven-
ton be all Office, it is TO be filled by an
"oficer," and that the Governor has the
appointment Of that officer? Mark the
language: aHe 1.-THE Governor) shall APP
point all ciua officers not herein provided
Jor." The membership Of the convention,
If it were an Office, would be civil office,
and the manner in which it is to be filed,
being no where provided for i the Organic
Law. as matter Of course the Governor
would have the appointment of all the Dele
gates. This is so pl-in, that had Governor
Chambers regarded the delegacy to the
convention as an Office, he could not have
given his approval to the law providing
for the election of the members thereof,
BY the people. In ills ass ertion feel more
confident, because, | am credibly informed
that Governor Chambers, as well as tie
three q. S. Judges for Iowa, entertain the
opposite opinion to that so disinterestedIy
advanced by the distinguished author Of
the report on yetoes, for the Enlightenment
of the voters of ssOld Des Moines,'' and
the especial benefit Of his ssfriends Col.
Shep. Letter and John d. Wright, ESQ.,"
Having shown that if the de!egacy be an
Office under the organic law, it must be
filled BY the Governor, ! might here close
this communication, as suppose not even
"A Whig," with allhis reverence fer law. is
prepared to urge this mode Of selection
But | desire to notice some other remarks
which have fallen from GA Whig," and
which smack so strongly Of federalism as to
prove the identity. Referring to the or
ganic law he says: "Without it we could
hold no convention ere,, for there would
be no authority L. which it could be con-
vened." To this startling doctrine, Mr..
Editor, | demur in its whole length aud
breadth. The question whether the peo-
pie Of Iowa shall or shall not form for them
selves State government, and the qualifi
cations Of the persons who shall form tllat
Government, certainly have no more to do
with the Territorial government, as such,
or the action Of the organic act on it, than
if they did not e list. In this movement
the whole people act in their private and
sovereign capacity; and in taking the pre-
limiary steps for State organization, they
act not only above all prohibition or re-
striction, but by virtue Of an expressly guar
anteed right both under the ordinance Of
1857, and the Sd article Of the Treaty 1903,
by which Louisiana (of which Iowa is .
party was purchased from France. They
also act from an inherent right in man to
form societies and governments, whenever
their necessities, fears or interest, may linz
pei them to do %. II, in fact, needs no
action Of the Territorial legislature 70 form
a State government. w M sss.s.s.sf
The people, in the exercise Of their SOW
ereignty. may assemble BY themselves, o.
their delegates, and frame State Consti-
tuition, and elect all their oficers and
members Of Congress. 1t is true It would
require an net or resolution OF Congress
to admit those members into Congress, and
the State into the Union.
! am not without precedent and high
authority for-this doctrine. II mans ma
t,lre did not teach 10 the right.of the peo-
pie to alter or abolish bad Government, we
have the former action Of the States, and
the general government, 10 prove that We
have authority % do what I have here a..