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

the eighth section. ssthat the adm;..;. !.
the State shall not be deemed comDl.,s Y
til whatever conditions may be impossa
Congress shall ne ratified BY the peor,Sb
If the constitution should be rat;s.s
the August election, this provision of ~
act will be found to conflict with Il ~ ~
people having failed to vote At the An.s ~
election for or against the conditions ny nv
(which the act Of Congress proposed a M n
init us, it would but be carrying into sa.... ~
the provision of the constitution and osSs
act Of Congress to allow the people u 4 j.. y
pose Of those conditions by direct ~. -
sat the same time that they are called r,.1
Ito vote second time for or aoa;r., - .sa
adoption Of the constitution. Until 49,. L
squestion is decided, we cannot heco,s.A -
Estate without the act Of Congress reisrr,a
Ito is repealed. cannot, therefore, d;soa'
Ger the propriely Of Withholding that an.
y.tion from the people. The consti,n,;o.
gprovides for the submission Of the ,"a
;questions at the same election. and H. ~
sneglectso 50 to vote upon them has alr.,S.
Tgiven rise to much confusion.
! The Constitution which this act nyov;a..
flor re-snbmitting TO the people At IN M As
y sgust election, has not assumed an obl;as,s
Try force, and can only derive it fron n.
sadoption Of the people; and although - !.
smay be proper exercise of lep;sI,,;,.
fauthority to fix the time and proy;se ,ss
manner Of bringing it before tie peonle !
Sis not in my opinion competent to The eIeo;..
I lative power to alter or amend il IN snv
particular, SO as to control its operatOp:s
3 if it should be adopted by the people O..
s it came from the hands Of the Copyen.
iion." A direct attempt is made by ri.
act to control several of its important pro.
visions. The seventh section Of the ihir.
teenth article Of the Constitution provide,
that ''the first general election under the
+ Constitution shall be held on the FIRST Mon.
day in August, next after the adoption II
the Constitution by the people of the Ter.
ritory." The eighth section Of the =
says that "no election for State oiicer
shall be held under said constitution ifra.
I flied at said election, until the admission
of the State Of Iowa is complete Nov
III the Constitution Gas it came from II.
I hands Of the Convention" is ratified y
the people, at the August election, wh;cl
will be the paramount law, the Constitu-
tion thus ratified, which says there sh.Il
be an election Of State officers on = Ger.
tain day after its ratification by the peo.
pie, or this act, which attempts 10 abrta,ts
that provision of the Constitution, by de-
claring that "no election Of State officers
[ shall be held under said Constitution. If
ratified, until the admission Of Iowa is com.
plete?" This conflict between The Consli
I tuition and the legislative act would ineyi-
tably produce confusion, and If effect
should be given to the act, when and by
F what authority would the first general
{ election under the Constitution be held?
who would be authorized to declare the
admission of the State Of Iowa to be com
plete? Without such power somewhere.
land without time fixed for holding the
first general election under the Constitution,
the organization of the State Government
could not be effected, and we should prob
ably be compelled to resort to the novsl
expcdient Of organizing State Govern.
rnent by Territorial legislation, if pa.
chance the Territorial Legislature had nd
4ceased 70 exist when "the admission of III
State Of Iowa was complete" From sue
: State of things nothing but incxtricahl
confusion and. difficulty can result. I
critical examination and comparison Of hi
act with the constitution viii expose othel
discrepancies IF less importance; but those
already stated forbid me to give esse. q
the act by my official appreciation.
JOHN CHAMBERS.