Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-08-27


officers. as are not susperceded by other
appointments under our Constitution, TO
continue to discharge their duties until
they are superseded. The Constitution.
in the Schedule provides,
"That all officers. civil and military,
now holding their offices and appoint.
ments in this Territory under the author
ity OF the United Statss, or under that Of
this territory. shall continue to hold and
execute their respective offices and APP
pointmen.s until superseded under this
constitution"
Ii will therefore. be legal for our judg-
es to hold their Courts in each county
after the Presidents proclamation has
been made, and until District judges have
been elected by the people in April next.
but after the Proclamation is made, they
will hold their courts by virtue of the au-
thori,y given them by our Constitution in
the article above quoted, and not by vir.
tue of their appointment by the U. States.
Their salaries will cease then, with the
Proclamation, and Iowa must compensate
them. II any of them are appointed Sen
ators, or elected to Congress, we may
have no courts after December in the Dis
tricts Of such as are elected. But a more
difficult question arises as TO the Supreme
Court. The Legislature of the State of
Iowa under the Constitution must meet
within four months from the adoption Of
the Consltution-ihat is in December
next. Their first act should be 10 give
the assent required in Sec. A, and then
elect Senators. The President will then
make his proclamation in December in
order 10 give our Senators and Represen-
tatives their seats. Iowa will then, in all
probability be in the Union in December.
Now, suppose the Legislature should
proceed 10 elec. Supreme Judges in De.
cember, could the Supreme Court of the
Territory meet in January, or should the
Supreme Court of the State of Iowa meet,
or should we have no court! The present
judges will have been superseded in their
capacity as Judges of the Supreme Court;
but not as District Judges. Therefore,
they must hold the county courts, (for the
people cannot spare any of them TO go TO
the Senate, but not Supreme Court. We
would suggest, therefore, that the Legis-
lature set all winter, and abstain from
electing Supreme Judges, until the close
Of the session, for two reasons. lst. 1t
will give US Supreme court, the coming
winter for certainty. Sd. 1t will give a
much longer time for log rolling for the
Judgeships, and prolong the joyous anti
cipation Of judicial honors 10 the one
thousand and one expectants.
Again, can the Legislature Of the Ter
ri,ery pass laws of binding force after the
adoption of the Constitution and before
the proclamation of the President is made,
The doctors will disagree on this point
just as they are likely to gain or lose by
The decision. Doubtless the members
cleo, will be unanimous in the opinion
that they have right TO lsgisa,e--bus it
would seem 10 be clear that they have no
such right. We lay it down as postu.
late that there cannot be two powers in
the same Territory authorized to make
and repeal laws--else they could repeal
each others laws, and thus defeat the law
making power altogether. The Territorial
legislature derive their authority to act as
such. from the act of Congress creating
Iowa Territory. Now, if Congress by a
subsequent act have recognised and au.
,horized another law making power, it
must certainly supercede the Territorial
Legislature. The act of March Sd, 1915
expressly recognises State Legislature,
authorized TO express and enact the
sovereign will Of the people of Iowa, and
requires of them to express the assent of
Iowa, 10 contract with the general Gov
eminent This recognition dates from
the moment that we have adopted State
Constitution and assembled State Le-
gislature. They are then authorized to
act a. Legislature and pass laws. LIST,
by the recognition Of their right TO do so
by the sovereign power over theTerrilory
and I'd, by The sovereign people assuming
to act in their sovereign capacity with the
knowledge and consent of the general
Government.
Again, the election by the people of a
State Legislature will assuredly revoke
the agency to make laws previously
granted to the members elect of the Ter.
rltorial Legislature on the ground that
there cannot be in the nature Of things
and consistently with the theory of rep
resentatlve government, two law making
powers in existence at the same time
Before the Proclamation shall be made,
then, the Legislature of the State Of Iowa
may meet and exercise the law making
power: and if they should pass laws they
would be of binding force here as the
sovereign will of a majority of the people
through our own chosen agen,s-elecied
in a manner we have in the most solemn
manner ordained as the supreme law. If
the Legislature should refuse to give the
assent required by Sec. 4, lis laws would
sill be binding on the people of Iowa,
being the expression of the peoples will;
and we submit that the general Govern.
ment would be bound 10 recognise and
enforce them, inasmuch as they have re-
cognsed the right of the people CT Iowa
10 assemble in Legislature of their own
creation, before they are admitted as a
State. AT all events when the people elect
a State LEGISLATURE thew have sunprooJed