History of the Constitutions of Iowa Part 13

The most important question before the Convention of 1857 was that of Corporations in general and of banking Corporations in particular. The Republican majority was pledged to make provisions for a banking system of some sort. But the popular mind had not decided whether there should be a State bank with branches, or a free banking system under legislative restrictions, or both. Difficult and intricate as the problem was, the Iowa Convention handled it, nevertheless, with energy and rare ability. The debates show that the laws and experience of the other States were carefully studied. Nor were local conditions and local experience forgotten. The discussions were long, earnest, and often heated; but at no time did the Iowa Convention lose its political sanity. That political poise which, in the long run, has always characterized Iowa Politics was maintained throughout the session.

As finally agreed upon in the Convention, the provisions of the new Const.i.tution relative to banking Corporations were in substance as follows: (1) The power to make laws relative to Corporations was conceded to the General a.s.sembly. (2) But acts of the General a.s.sembly authorizing or creating Corporations with banking powers must be referred to the people for their approval at a general or special election. (3) The General a.s.sembly was empowered to establish "a State Bank with branches." But such a bank, if established, "shall be founded on an actual specie basis, and the branches shall be mutually responsible for each others' liabilities upon all notes, bills, and other issues intended for circulation as money." (4) The General a.s.sembly may provide by a general law for a free banking system under certain restrictions. (_a_) Provision shall be made "for the registry and countersigning, by an officer of State, of all bills, or paper credit designed to circulate as money," and the law shall "require security to the full amount thereof, to be deposited with the State Treasurer, in United States stocks, or in interest-paying stocks of States in good credit and standing." (_b_) Records shall be kept of the names of stockholders and of the stock held by each. (_c_) Every stockholder shall be individually liable for an amount equal to twice the amount of his stock. (_d_) In cases of insolvency bill-holders shall have a preference over other creditors. (_e_) The suspension of specie payments shall never be permitted or sanctioned. (5) By a vote of two thirds of each branch of the General a.s.sembly all laws for the organization or creation of Corporations could be amended or repealed.

(6) The State shall not become a stockholder in any Corporation.

Next in importance to the question of Corporations was the Negro problem. Shall the public schools of the State be open to persons of color? Shall the Const.i.tution guarantee to all persons, irrespective of color, the right to acquire, hold, and transmit property? Shall the testimony of Negroes be accepted in the courts?

Was the militia to be composed exclusively of "able-bodied white male citizens?" Shall the right of suffrage be extended to Negroes? It was in respect to these vital questions of the hour that the Republican majority in the Convention was compelled to declare and defend its att.i.tude.

The fact that the Republican party of Iowa was thus being put on trial for the first time makes the debates of the Convention of 1857 memorable in the political annals of the State. But these Iowa Republicans were at the same time defining and defending the att.i.tude of their party on National issues; and so the debates of the Iowa Convention are a source-book also in the broader history of America.

No one can read the pages of these debates without feeling that Iowa was making a decided contribution to National Politics. Nearly four years before the "Divided House Speech" was delivered at Springfield, Illinois, Governor Grimes had said in his inaugural address: "It becomes the State of Iowa--the only free child of the Missouri Compromise--to let the world know that she values the blessings that Compromise has secured her, and that she will never consent to become a party to the nationalization of slavery." And full two years before Lincoln defined the att.i.tude of his party in the Lincoln-Douglas debates, it had gone forth from the Iowa Convention, (1) that the Republican party was not a sectional party; (2) that Abolition was not a part of the Republican creed; and (3) that, while they would arrest the further extension of slavery, Republicans had no desire to interfere with the inst.i.tution in places where it already existed.

The question as to whether the Negro should be allowed to vote in Iowa was referred to the people to be decided by them when the Const.i.tution itself was submitted for ratification.

Another question of interest which provoked considerable discussion in the Convention was the location of the State University and the re-location of the Capital. This problem had already been solved by the General a.s.sembly. But to prevent further agitation by making the compromise permanent the following section was added to the new Const.i.tution: "The Seat of Government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk, and the State University at Iowa City, in the county of Johnson."

After a session of thirty-nine days the third Const.i.tutional Convention in the history of Iowa adjourned _sine die_ on Thursday, March 5, 1857.

XX

THE CONSt.i.tUTION OF 1857

The code of fundamental law which was drafted by the Convention of 1857 was modeled upon the Const.i.tution of 1846, as this instrument had previously been patterned after the Const.i.tution of 1844. Perhaps it would be better to say that the Const.i.tution of 1857 was simply a revision of the Const.i.tution of 1846. The later doc.u.ment, however, is fuller and altogether more complete and more perfect than its precursors.

The changes which had been effected in the fundamental law were summed up by the President of the Convention in his closing remarks as follows: "We have added some new and important guards for the security of popular rights, and for the promotion of the best interests of the social compact. Restrictions existed in the old const.i.tution, which it is believed have operated to check and r.e.t.a.r.d the energies and prosperity of the State. These we have removed. We have stricken the fetters from the limbs of the infant giant, and given free scope to resources, capable as we believe, of working out the highest results."

Some important additions were made to the Bill of Rights. Section four declares that the testimony of any person (including Negroes), not disqualified on account of interest, may be taken and used in any judicial proceeding. Section six provides that the "General a.s.sembly shall not grant to any citizen, or cla.s.s of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens." To section nine is added the cla.s.sical declaration that "no person shall be deprived of life, liberty, or property, without due process of law." Section twenty-four, which is altogether new, provides that "no lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years."

In Article III. the date of the regular biennial session of the General a.s.sembly is changed from the first Monday in December to "the second Monday in January next ensuing the election of its members."

Section fifteen provides that bills (including those for revenue) may originate in either House of the General a.s.sembly. But, according to Section seventeen, "no bill shall be pa.s.sed unless by the a.s.sent of a majority of all the members elected to each branch of the General a.s.sembly." Furthermore, the cases in which the General a.s.sembly is prohibited from pa.s.sing local or special laws are specifically enumerated in section thirty.

The most significant change or addition in the article on the "Executive Department" is the provision for a Lieutenant Governor.

The article on the Judicial Department provides for the election of the Judges of the Supreme Court by the people instead of by the General a.s.sembly. By the same article provision is made for "the election of an Attorney General by the people."

The article on "State Debts" is more explicit and more guarded, but permits the State to contract debts which, however, "shall never exceed the sum of two hundred and fifty thousand dollars."

Article VIII. removes the illiberal restrictions which had been placed by the Const.i.tution upon Corporations--especially banking Corporations. And Article X. makes the process of amending the fundamental law altogether more flexible.

The Board of Education, provided for in Article IX., was an innovation. As a system of educational control it proved unsatisfactory and was soon abolished by the General a.s.sembly.

The new Const.i.tution was submitted to the people for ratification at the regular annual election which was held on Monday, August 3, 1857. Naturally enough the Democrats, who had been in the minority in the Convention of 1857, opposed the adoption of this "Republican code." The Republican party, however, now had the confidence of the people and were able to secure its ratification by a majority of sixteen hundred and thirty votes. At the same time the special amendment which proposed to extend the right of suffrage to Negroes failed of adoption.

On September 3, 1857, Governor James W. Grimes declared the "New Const.i.tution" to be "the supreme law of the State of Iowa."