Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1844-02-24
An act


people cftAe Territory Of loica, upon ~ sn5ject
oftae formatio. ofa Stote coastitxtior for he
State Of Iosra. Eli .
SEcTIoNl. Be it enacted by me Council and
House Of Representatives Of the Territory of
Iowa, That for the purpose Of obtaining the ex-
preston OF the opinion oi;he people oftAe Terri
tory Of Iowa upon the subject of the formation Of
Ia Constitutions and State Government poll shall
be opened at each electoral precinct in this Ter.
ritory, at the time ard place OF nothing the town.
ship elections in April next. In those counties
that are not organized into townships polls shall
be epened at the places OF voting for laeaabers OF
the Legislature, at the time aforesaid
SEC. :. That itshall heihe duty efthe Judges
Of elections at every precinct il this Territory, to
interrogaie the several qualified electors when
they approach the polls to vote, whether they are
in favor against Convention; to which inter-
| rogatory the said elcc!or shall answer simply
sConvciton'' .'ao Convention, ard the Clerks
Of said election shall themupon write down his
name in a column headed Convention or no Con-
vention, in accordance with the vote of said cleo
| tor. rt.
| SEC. g. That Immediately after the polls are
closed, it shall be the duty of the Judges of said
election to mark down distinctly on sheet OF
paper the number of votes given for and the num-
Der Of votes given against Convention, and GER
tify the same, together with the paper containing
the names Of the voters above mentioned to be
correct; and they shall thereupon carefully seal
up said papers SO certified, endorsed thereon re
turns for and against Convention, and forward
the same to the Clerk of the Board of County
Commissioners Oft the proper county, Within five
days from the day Of. election aforesaid; and il
shall be the duty of the Clerk by whom said re-
turns shall he received, within four days after the
same shall be deposited in his Office TO make out
an abstract Of the votes given for and against a
Convention, and enclose them in an envelope.
endorsed thereon returns for and against Com
vention tor----- county Gas the case may be, }
and transmit the same to the Office of the Secre-
tary of the Territory; who within thirty DAYS
after the election aforesaid, SHALL in the presence
OF the Governor, examine and count said returns,
and file them in his office; and therenpon the
| Governor shall issue his proclamation, declaring
the number of votes given for, and the number OF
votes given against Convention.
| Sec. 4. That if majority of the votes polle,l
at the election provided for in this act shall be for
Convention, then there shall be another cleo
ton held, for the election of Delegates to Con-
vention to form Constitution for the State Of
Iowa. at the next general election, and the notice
for said election for delegates shall be given at
least twenty days before the holding thereof; and
the manner of giving said notice, and all other
proceedings connected with said election, shall
be IN accordance with the provisions Of the law
providing for the election of members of the
Council and House of Representatives in this
Territory, so far as the same may be applicable.
SEC. 5. That the Convention shall consist OF
seventy members, TO be elected within the several
organized counties in this Territory, as follows,
to wit:
The county Of Lee shall elect eight members
The county Of Des Moines shall elect eight
members
The county of Van Buren, shall elect eight
members.
The county Of Jefferson shall elect five mem
bcrs.
The county of Henry shall elect five members.
The county of Washington shall elect three
members
The county Of Louisa shall elect three mem.
bers.
4 The county Of Muscatine shall elect three
members.
The county Of Johnson shall elect three mem.
bers
i The county of Linn shall elect three members
The county of Cedar shall elect two mem.
4 The county Of Scott SHALL elect three mem
bers.
The county of Clinton shall elect two mem
bers
i The county of Jones shall elect one member
The county of Jackson shall elect three men,
bers.
nan, Blackhawk, Clayton and Fayette, shall
elect six members.
The county of Wapello shall elect one men,
Der.
The county of Davis shall elect one member.
The county OF keokuck shall elect one men,
Der.
The county of Mahaska shall elect one men,
Der.
I The said delegates shall be citizens Of the Uni
ted States, and shall resided six months within
the Territory, before the election aforesaid.
Sec. 9. That the Judges of election in the
several townships and precincts shall certify the
votes for delegates in the same manner as is pro-
vided by law for the election Of members of the
Council and House of Representatives, and shall
send the returns of said election, 50 certified, to
the clerk of the board of county commissioners,
who shall open said returns and certify the cleo
ton Of delegates, in the same manner as is now
provided BY law for the election of members oil
the Council and House of Representatives; and
in case Of tie vote between any of the candi-
dates for delegates, it shall he the duty of the
Clerk Of the board Of County Commissioners to
order new election to be held, within twenty
days after said first election, and to be conduct
ed in the same manner as said first election.
Sec. Z. That the said delegates elect shall
meet at Iowa City, on the first Monday Of Octo-
Der, after the election Of delegates, and proceed
to form Constitution and State Government
for the Territory Of Iowa.
SEC. 8. That when Constitution and form Of
State Government shall have been adopted by
said Convention, they shall cause the same to be
published in all the newspapers printed in the
Territory; and at the township election in April
succeeding the formation of a Constitution anc
State Government by said Convention, the cleo.
tors of said Territory who are qualified TO vote
for members of the Legislature at said genera
election, shall be and they are hereby authorized
to vote for the Constitution or against the Con.
stituton; the vote for and against the Constitu
ton shall be counted and returned to the Clerl
Of the Board Of County Commissioners, who
shall in the same manner transmit returns o
said votes for and against the Constitution to tn,
Secretary of the Territory, who shall open ant
count the same, as soon as they are all received
from the several counties in this Territory, il
the presence Of the Governor, who shall issu,
+ his proclamation declaring the result.
Sec. 8. That all electors, qualified as afore
said, may vote for and against Constitution il
any county Of this Territory, whether residents
of such county or not but in the election of dele
gates to the Convention, the said electors shall
not vote out Of the counties wherein they hav,
their residence.
SEC. 10. That the several elections provided
for in this act shall in all respects be conducted
in accordance with the provisions of an act regu.
lating general elections in this Territory SO fa
as the same is applicable, and except as is herein
specially provided for.
Sec. II. That it shall! be the duty of the Sec.
rotary Of the Territory to cause this act to be
published in the several newspapers of this Ter