Iowa territorial gazette and advertiser., 1845-06-28
To the People of Des M0ines
County.


FELLOW CITIzENs:-The undersigned,
members of the Legislature from this coun-
ty, feel it their duty to resign THEN seats,
and to state frankly the reasons which in
fuenced their action in the Legislature rel
ative to the term for which the members
of that body were elected, as well as the
reasons which impel them to the present
step.
lst. The Organic law fixes the time for
which members of the House of Represen-
tatives shall be elected, at one gear. The
Territorial Legislature has no more author
ity to alter the organic law than it has to
alter the Constitution Of the United States.
Consequently, it can neither lengthen nor
shorten the term for which members are
elected. Therefore, when the question Of
the term Of service was raised, we could
not do otherwise than acquiesce in the law
fixing the time; and hence any opposition
to the report Of the joint committee appoint
ed to enquire into the matter would have
been not only useless but absurd. So
much, then, as to the law fixing the tenure
of office.
Cd. This questionable time for which
members were elected-being settled, it
then became necessary, in order to prevent
a conflict between two sets of members,
and to prevent also an interregnumof sew
eral months between the sessions, to post
Ipone the annual election from August until
April. Two consequences, more or less
dangerous in their results, would have GER
tainly ensued, had not the annual election
been postponed. In the first place, had
we passed out Of office without the for
mality of resignation, the election Of our
successors would have been, under the or
lganic law fixing the time, illegal, and con-
sequently their acts, as Legislators, would
have been declared null and void. There
!. fore, to make the next legislature a legal
ly constituted body, it became absolutely
necessary for the members to hold over for
one year, or to resign. In the second
, place, had not the election been postponed
I from August until April, there would have
/ occurred an interregnum Of some months
during which there would have been no
legislature in existence, nor any authority
to create one; and this, too, at time
, should the Constitution be adopted by the
. people and be accepted by Congress
, when we shall most need the services o:
|. such body.
While on this subject, it is proper to
, correct the error which seems to prevail
in the minds Of some persons that the late
session was special or called session. Such
! was not the case. It was postponed ses-
f sion Of the annual Legislature. The fact
Of its postponement from December until
t April did not change its character, though
t that event might naturally enough produce
i the impression that it was called session
Lastly, whatever may have been the ur.
derstanding in the other counties of the
e Territory, the undersigned are well con.
: vinced that a majority Of the people Of Des
e Moines county did not understand that they
! were electing us for longer period thar
. the session which has just closed-nor die
9 we expect, when elected, to hold our seats
! for longer period than a single session
s We therefore feel it our duty 10 resign oul
$ seats, and to surrender our commissions to
e the people, to be disposed Of as in their
e judgment shall seem most expedient.
: Appended hereto Will be found copy
: Of our resignation.
Y We have the honor to be,
Fellow citizens,
: Your obedient servants,
JAMES M. MORGAN,
L. w. DAVIS,
JOHN JOHNSON,
4 GEO. CHANDLER.
Burlington, Iowa, June IL, l845.
: To His Excellency JoHr CHAMnERs,
: Governor Of Iowa Territory.
$ Srn-The undersigned, members of the
Legislature from Des Moines county, here
!. by resign their seats as members Of that
7 body.
Very respectfully,
Your obedient servants,
JAMES M. MORGAN,
E. w. DAVIS,
JOHN JOHNSON,
Il GEO. CHANDLER.
n Public Meeting.
I, Pursuant to public notice given, q meet