Iowa territorial gazette and advertiser., 1845-06-14

In people have already decided in favor
Of ststs osernment, BY : large majority,
and there Is 70 probability that they would
reverse That ,lecision. 81 il tstslss.,,
But Sir, & has been said that this, Leeis-
lature has no power under the organic law,
to refef the { institution to the people again
that the constitution has been voted
down, and that the Legislature has ma
power to revive it. This objection In,
been urged v ith great deal Of zeal, and
the people Rave been called upon to set
their facesaeainst such 1 shameless ,isur-
dation Of authority ON the part Of the Leg
islature:e@ Il ss ---'tsl s#..s,s "a
We do n6t propose. to revive the. .consii-
tuition by an act Of the Legislature, but
simply 10 pr wide that an election NAV be
held at a certain time, to enable the people
themselves to'revise it, if they see proper
TO DO 90. we merely provide another op-
portunity fer the people to express their
opinion, and then leave the constitution IN
their hands, to be dispossi Of 1t their
pleasure. j. there any great assumption
Of power In allthis? Does this look like
attempting TO force the constitution upon
the people whether they are willing 10 ac-
cept 1t or notp Most assufedly Il does
not. On the other hand, five should re-
fuse to refer The constitution to the people
for another vote. afler they have decided
in favor Of state government by SO large
. majority. it might be said with some pro-
priety, that we were attempting to pre-
vent the formation Of state government.
We are told in ihe Message, that This mat
Ter ought to be referred to the people again
upon the question Of convention or no con- con-
vcntion. But where do we, as leeisla-
ture get the power to do this, if we have
not the power now to refer The constitu-
ton? Show me the authority for the one
under the organic law, and will show
you the authority for the othcr,l SO closely
analogous, that . hair-splibipg distinction
cannot Be made between the two cases.
Whether the legislature has or has not
the power, is a matter cf very little impot-
lance. No act Of oursican give any vitali-
ty or validity to the constitution, its bind
ing force andIobligationv must arise from
the vote Of the people, and until their as
sent to it is given, it can have no authori-
ty upon the broad and well established
doctrine in free government, that the true
source Of political poweris the consent Of
the governed. Then it makes no differ
epce how, ii: BY. whom the constitution is
drafted; whether by convention or le-
gisiatnfe-elected for that 'purpose-by
fifty men, or by one nianA-allthoriged or
unauthorized. Ii the constitution should
receive the sanction of those who. are to
be governed by it, that is, a majority Of the
people in a fair election, it must then be
taken as the constitution; the fundamental
law Of the land The. assent Of the peo-
pie gives it validity, and nothing but their
assent can give it validity.
But here the question viii doubtless be
asked, why should we refer The con-
stitution to the people, unless with view
Of its being adopted; and why should the
people adopt it with the convention boun-
Diary, when Congress has already refused
to give us that boundaryp" This brings
up the boundary question, upon which we
have several propositions. On PROPOSE
lion is to divide the Territory by line
running east and west through the forty
second degree Of north latitude. This
though it might be favored by
the north, would not be satisfactory to the
south, because the extent Of territory fall
ing below the line, with the Missouri
river for its western boundary, would be
entirely too small, not being much LARGER
Than one half Of the extent embraced by
Ihercongressional boundaries, which have
been recently rejected. To run, the line
Of division higher than the forty-second
degree Of north latitude would not be sat
isfactory to the North. IN short, I cannot
Of any division line running east
anl west, which would be satisfactory to
both parties, and unless both parties could
be satisfied, ! SHOULD be unwilling 10 see
the division take place. Hss
The next proposition is the boundary
by Congress, the uEpopularity Of
which defeated the Constitution. This
boundary it may be admitted would give
US a handsome little State, OH small scale,
with dry lines, but it is one which / " ould
not accept, because We may do great
deal better, and there is no danger Of do
ing worse. Congress will give us this,
whenever we apply for il; but if we should
take the Congressional boundary now, we
would most assuredly never get nay thing
betters We would lose large and valu-
able tract Of country on the Missouri, and
q large and valuable tract on the Upper
Mississippi and St. Peters, both Of which,
If retained, Nill add largely to the wealth
and power Of the State. We would loose,
not only territory Of the most valuable
character, but the navigation Of these
streams, which, when the resources Of the
country bordering upon them are fully de-
veloped, win be important, beyond the
possibility Of any present calculation. We
weuld have too, mere imaginary lines, ex-
listing only on the face Of the map, instead
of the great land marks traced by the fin.
ger Of nature. Cut of from the Missouri,
and yet running sosclose to it, the trade
'cf the western portion nf the State, would
20 to the Missouri and thus mske us trib-
ntary to the power and influence of for:
eiGn Ststs. ID addition to All this, We
have alwaSs entertained the fond opinion
That Iowa was to become svenihally, sone
of The laEgest and most powerful States d
the onfsderacybut If We should accept
these narrow stfait-laced lnita Offered. b