Iowa territorial gazette and advertiser., 1845-06-21

ExEcUTIvE DEPARTMENT,
Iowa City, June 9th, lS45.

the act entitled Gan act to submit /
10 the people the draft Of Constitution
framed by the late Convention" with my
objections to it.
The act of the Legislature, under the /
provisions Of which the late Convention
expressly reserves to the peo-i
pie the right to vote for or againstthe Con-
stitutlon, at the April election succeeding
its formation, andt the ordinary course would
have been, to await the action of the peo-l
pie upon it, before presenting it to CON-
gress, and asking admission into the Union;
but the Convention did not deem it neces-'
sary to do SO, and at the close Of their labors'
adopted memorial to Congress asking TO-
be received into the Union. This applica-I
ton for admission, before the people had
determined whether they would adopt or
reject the constitution, though out Of the
usual course, was the less Objectionable,
because the constitution put Congress in
possession Of the fact, that it was subject
TO be rejected, if such should be the pleas
ure of the qualified electors ofthe Territory,
at the April election Of the present year.
That provision Of the constitution will be
found in the sixth section of the thirteenth
article in the following words: "This con-
stitution together with whatever conditions
may be made to the same by Congress shall
be ratified or rejected by vote OF the quail
ifed electors of this Territory, at the town.
ship elections in April next, in the manner
prescribed by the act of the Legislative As
sembly, providing for holding this Conven-
ton: Prouided, horeuer, that the General
Assembly Of this State may ratify or reject
any conditions Congress may make to this
Constitution after the first Monday in April
next"
Congress did make provision for the adj
mission Of Iowa by an act entitled San act
for the admission of the States Of Iowa and
Florida into the Union," in which will be
found the following provision, sthat it is
made and declared TO be fundamental con-
dition Of the admission of the said State of
, Iowa into the Union, that so much Of this
!, act as relates to the said State Of Iowa, shall
be assented to by majority of the qualified
electors at their township elections, in the
manner, and at the time prescribed in the
sixth section of the thirteenth article of the
Constitution adopted at Iowa City, the first
day Of November, Ammo Domini eighteen
hundred and forty-four, or BY the Legisla-
ture Of the said State" 1t will be seen
that this provision Of the act of Congress
: goes beyond the constitution, in providing
. that the legislature Of the State may, as
! well as the qualified electors, assent TO the
provisions Of that act; but it is difficult to
comprehend how legislature Of The STATE
can assentto or reject terms of admission.
the acceptance Of which is s'declared TO be
fundamental condition." Of our becoming
a State.
1 The power to reject or accept the con-
ditions upon which our entrance into the
Union was made TO depend, having been
thus plainly presented to us, it is not easy
to account for the fact that no poll was
opened or vote taken at the April election
for or against the ratification Of the condi-
tons upon which Congress had provided
for our admission. Owing to this unfor-
tunate oversight, and without appearing to
be aware Of their right to accept or reject
those conditions by direct vote at the
April election, question was raised among
the people, whether the adoption Of the
Constitution would, as a necessary conse-
quence, carry with it the adoption Of the
boundary for the new State, proposed bv
Congress-; or, in other words, the people
did not seem to understand that they pos
sessed the same right to vote upon, and ac-
cept or reject the boundaries, that they had
in reference to the constitution itself. and
this confusion in the public mind, sstherc
is reason to believe, had much influence in
producing the rejection ofthe Constitution y
This view presents an outline of the pro-
ceedings in relation. to our effort 10 obtain
admission into the Union; out Of them has
arisen necessity for further legislation 10
carry out the previously expressed wish Of
the people to throw off the Territorial gov
ernment, or to ascertain whether that wish
. is still entertained.
!. had the honor at the commencement of
your present session, in my Message to the
two Houses, to suggest the course Of leeis-
lation which thought best calculated to
give general satisfaction in relation to This
matter, and which, if adopted, would have
enabled us if such had appeared to be the
will of the majority, to present anew 10
Congress, at the commencement of the next
session, and wish to be admitted as a men,
Der ofthe Union. Ofthat particular course,
however, | am not all tenacious. There
is no constitutional provision or established
usage which should restrain territorial
legislature from directing polls to be opened
for the purpose of ascertaining the will Of
the constituent body in relation to the adop-
tion or rejection Of any proposition for form
ing constitution, or adopting it after it
had been formed, or to decide upon the
terms imposed BY Congress upon their ad-
mission, when that power has been reserved
by the constitution, or conceded by Con-
|gress. The right to 60 legislate being ad-
mitted, the propriety of resubmitting the
constitution to the people BY whom It has
been SO recently rejected, is between the
people and their representatives; and the
justification Of it can only be found in the
acknowledged fact, that great, If not de-
scisive influence was produced, resulting in
the rejection Of that instrument, by a sun
posed connection between it and the cues
tion ef boundary.
The adoption or rejection Of the boun-
-