Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1849-01-10
SPEECH OF MIR. HARBOUR.

Organization of Potawatamie and other counties
approved Feb. -, lS47''-
! On the motion of Mr.. SPRINGER of Louisa, Il
strike out all after the enacting clause--Mr. HAIR
BOUR addressed the committee in substance al
follows
Mr.. CHA1RMAN:-Whilst | concede t.
the distinguished gentlemen on the oppo.
site side of the Chamber, who preceded
me in this discussion all that is due te
their superior legal requirements, and &C.
knowledge myself inadequate to the task
of competing with them in point of rhetori.
cal display, | trust that l shall be per-
mited TO express an honest difference OF
opinion, without incurring the odium of a
desire to violate the Constitution of my
country, and to trample under foot her sa-
cred institutions. And on the final ac-
ton upon the bill under consideration,
trust that | shall record my vote as my
judgment, in view of the Constitution, land
the best interests of an enlightened con-
stitucncy may dictate, regardless of the
threats and denunciations Of which the
gentlemen have been so lavish, against
those who advocate the passage of the bill
Iho" OcioIc tiG COiliIiIttee. AIlu SHOULD
| realize the unhappy consequences pre-
Idicted by the gentlemen from Louisa,
{ Nh. Springer, )it will be source of con-
ISOLATION to me to know that my ruin was
Iconsnmated in an honest attempt to defend
the constitutional rights of those who
placed me upon this floor, and not through
Ia blind devotion to party, for party ag-
grandizement, as has been charged.
l have but one position upon the matter
now under consideration, however ma
ny, gentlemen may impute to me, and
that is to do whatever the Constitution
authorizes and an enlightened policy may
dictate. Hence the first enquiry is, does
the bill under consideration conflict in
any particular with the Constitution; and
if il does not-docs the best interests of
the State demand its passage.
In reference to its constitutionaItv,
| would remark tina: it simply proposes
to repeal a law enacted by a former Leg
islatnre, and which provided that on the
happening Of a certain contingency an en-
tent Of territory commonly called the Pot
tawatomie Purchase might be temporarily
organized into county. The natural en-
quiry is, has the provisions of that law
been complied with, and an organization
effected? If such is the case it is neccs-
sarlly matter Of record, and the facts
are within the reach Of every member of
the Senate. Hence, gentlemen ought to
show some evidence that po:tawatomic
county has been organized before :hcy
charge us with an attempt TO disorganize
it. Let then show that a sheriirhas been
appointed and legally qualified in accord
ance with the 7lh section of the act
which it is proposed to repeal, and that
such sheriff has performed the duties re-
CURED and imposed upon him by said sec
zion let them show that township and
county elections have been held and
courts of justice established, before they
claim that we have as much authority to
Henry or Lee counties as we
have to repeal this law. The fact is, Mr..
Chairman, the provisions Of that act has
never been complied with, and as a natu-
raj consequence no organization exists
under lis provisions. Hence it is clear
ly and egiIimately within the power of
the Legislature TO repeal the law, and the
question now at issue is merely one Of
praclicabilty and Of policy. But admit
for The sake Of argument that the county
had been Observation-Disclosures is still strong
that the Legislature has the
power to repeal it, from the fact that it
was only intended to have temporary
existence as set forth in the first section
OF the act. The extent of territory en-
braccd, as we'll as the fact that the Indian
title was not extinguiShed at the time
this law was enacted, clearly shows the
object of the Legislature to have been to
provide Tor temporary extension Of the
laws OF the State over that ter Hitory from
the time the Indians should leave ii until
the meeting Of the present session when
1t was undoubtedly expected that the ter
rltory would lie sub-diviIcd into coun-
ties of an ordinary size, and permanently
organizcGa as the constitution contemplates.
Why sir, the idea that a district of coun-
try large enough to make over twenty
counties Of the size prescribed by the
Constitution and to which we had no le-
gal right Of jurisdiction should be permr-
ncnHy organized into one county and
that organization remain in force for all
time to come, is az absurdi,y too .idicr-
lous for honorable Senators seriously to
entertain.
But, gentlemen ask what will be the
condition Of the people that reside in that
country if this law is repealed? | will
answer by saying that it will be the same
as that of any other portion of our popu-
lation living upon territory not included
in an organized county. As citizens oflhe
State they will be entitled to the protec-
ton of our laws, and subject to he orga.-
lied when ever the interest Of the courl-
try require it. As a means of aifording
an efficient organization to the district Of
country in question, deem it necessary
that this law should be repcaled-when
gentlemen, if they think proper may pro-
vide for the organization of counties as
soon as they wish.
As matter Of State policy, deem it
necessary torepeal this act and regret
that question Of so much Importance to
the western portion Of our State should
b, Cd a. :.