Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1845-06-19

duu Tue question: Oh BOUNDARY.
The adoption or rejection OF the bonn
Diary ought 10 have been Decided a, ,he
April election by direct vote upon the
condition imposed by Congress upon
our admission, as directed both by the
Constitution and The act Of Congress.
Ii remains yet 10 be settled IN some
way before we can gain Abundance into
the Union, The first Monday in April
having passed, the Constitution las 1t
came from the Convention" If II is a
dopted at the August election, will per-
mi, the Legislature of the State u ac-
cept any conditions which Congress
subsequently TO that time, may impose
upon our admission into the Union,
but that provision will be imperative
as TO the conditions imposed by the act
of Congress above referred to. because
il was enacted before the frs, Monday
in April, aud they must. therefore. il
the az, remains in force, and effect is
given 10 the Constitution. be ultimately
met by direct vote OF the people.
in the eighth section. "that the admits
sion Of the Stale shall not be deemed
complete until Whatever conditions
may be imposed BY Congress shall be
ratified by the people If the Consll
tuition should be ratified at the August
election, this provision Of the act will
be found TO conflict with il. The PEG.
pie having failed TO vote at the April
election for or against the conditions
upon which the act of Congress pro.
posed to admit Us. il would but be car
rying into effect the p,ovisions.of the
Constitution and of the act Of Congress
to allow the people 10 dispose Of those
conditions BY direct vote, al the same
time that they are called upon to vote
a second time for or against the adop
ton of The Constitution Until that
question il decided. we cannot become
a State without the act Of Congress re-
ierred TO is repealed connol, there
fore. discover the propriety of with
holding tina, question from the people.
The Constitution provides for the sub
mission of the two questions at the
same election. and the neglect SO 10
vote upon them has already given rise
to much confusion.
The Constitution which this act
provides for resuhmiling TO the people
at the August election, has not assum-
ed ar obligatory force, and can only
derive il from the adoption Of the peo-
pie; and although it may be a proper
exercise of legislative authority 10 fix
the time and provide the manner of
bringing 1t before the people, it is not
in my opinion competent 10 the leglsla-
tive power to alter or amend IL IN any
particular, so as to control It's opera.
tons, if il should be adopted by The
people "as ii came from The hands Of
the convention" A direct attempt Is
made by this act 10 control several of
lis important provisions The seventh
section Of the thirteenth article nf the
constitution provides that "ihe first
general election under this Constitution
shall be held on the first Monday in
August next, after the adoption of the
Constitution by the people of the Ter
rltory" The eighth section of the act
saws that mo election for State officers
shall be held under said constitution If
ratified at said election. until the admls-
sion of the said State Of Iowa is COM
plete.' Now if the constitution las it
came from The hands OF the conven-
ton is ratified by the people. at the
August election, which will be the par
amount law, the constitution thus rall-
fed, which says there shall be an elsc-
ton of State officers on certain day
after its ratification by the people. or
this act which attempts to abrogaie that
provision of the constitution, by declar-
ing that "no election of State officers
shall be held under said constitution, if
ratified, until tie admission of Iowa Is
complete This conflict between the
constitution and the legislative act,
would inevitably produce confusion,
and if effect should be gwen to the act,
when. and by what authority would the
first general election under the c0nsll.
tuition be held? Who would be author.
lied TO declare the admission of the
State of Iowa 10 be complete? With.
on, such power somewhere, and with.
out time fixed for holding The frs
general election under the constitution
the organization Of the State Govern
ment could moi be effected, and We
should probably be compelled to resor
to The novel expedenl Of organizing
State Government by Territorial legls
| lation. if perchance the Territorial LIE
| gislature had not ceased To exist whel
"lhe admission of the State of Iowa wa
complete. From such state of lhisg
nothing but inex,ricable confusion ant
difficulty can result. A critical exam
nation and comparison Of this act witt
the constitution will expose other dis
crepancles of less lmpos,ance; but ihos
already stated forbid me to give effec
to the act by my official appreciation
JOHN CHAMBERS.
The trial of O'Blennis for the mur