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Sec. 3. That immediately after the polls are closed, it shall be the duty of the judges of said election, to mark down distinctly on a sheet of paper the number of votes given for, and the number of votes given against a Convention, and certify the same, together with the paper containing the names of the voters above mentioned, to be correct; and they shall thereupon carefully seal up said papers, so certified, endorsed thereon “ Returns for and against a Convention,” and forward the same to the clerk of the board of county commissioners of the proper county, within five days from the day of the election aforesaid; and it shall be the duty of the clerk by whom said returns shall be received, within four days after the same shall be deposited in his office, to make out an abstract of the votes given for and against a Convention, enclose them in an envelope endorsed thereon " Returns for and against a Convention for
County,” (as the case may be,) and transmit the same to the office of the Secretary of the Territory, who, within thirty days after the election aforesaid, shall, in the presence of the Governor, examine and count said returns and file them in his office, and thereupon the Governor shall issue his proclamation declaring the number of votes given for and the number of votes given against a Convention.
Sec. 4. That if a majority of the votes polled at the election, provided for in this act, shall be for a “Convention,” then there shall be another election held for the election of Delegates to a Convention to form a Constitution for the State of Iowa, on the second Tuesday in October next after the election aforesaid; and the notice for said election for Delegates, shall be given at least twenty days before the holding thereof; and the manner of giving said notice and all other proceedings connected with said election, shall be in accordance with the provisions of the law, providing for the election of members of the Council and House of Representatives in this Territory, so far as the same may be applicable.
Sec. 5. That the Convention shall consist of eighty-two
members, to be elected within the several organized counties in this Territory as follows, to-wit: the county of Lee shall elect eleven members; the county of Des Moines ten; the county of Van Buren eleven; the county of Henry seven; the county of Jefferson five; the county of Washington three; the county of Louisa four; the county of Muscatine four; the county of Johnson three; the county of Cedar two, the county of Linn three; the county of Scott four; the county of Clinton two; the county of Jackson three; the county of Jones one; the county of Dubuque six; the county of Delaware one; and the county of Clayton two. The said Delegates shall be citizens of the United States, and shall have resided twelve months within the Territory, before the election aforesaid.
Sec. 6. That the judges of election in the several precincts, shall certify the votes for Delegates, in the same manner as is provided by law for the election of members of the Council and House of Representatives, and shall send returns of said election, so certified, to the clerk of the county commissioners' court, who shall open said returns and certify the election of Delegates in the same manner as is now provided by law, for the election of members of the Council and House of Representatives; and in case of a tie vote between any of the candidates for Delegates, it shall be the duty of the clerk of the board of county commissioners, to order a new election to be held within twenty days after said first election, and be conducted in the same manner as said first election.
Sec. 7. That the said Delegates elect, shall meet at Iowa City, on the first Monday of November next, ensuing the election aforesaid, and proceed to form a Constitution and State Government, for the Territory of Iowa.
Sec. 8. That when a Constitution and form of State Government, shall have been adopted by said Convention, they shall cause the same to be published in all the newspapers printed in this Territory; and at the next general election for members of the Council and House of Representatives, after the formation of a Constitution and State Government by said Convention, the electors of said Territory, who are qualified to vote for members of the Legislature at said general election, shall be and they are hereby authorized, to vote “ For the Constitution," or " Against the Constitution.” The votes for and against the Constitution, shall be counted and returned to the clerk of the county commissioners court, in the same manner as required by this act, in the election for Convention and against Convention; and the clerk of said commissioners shall, in the same manner, transmit returns of said votes for and against the Constitution, to the Secretary of the Territory, who shall open and count the same, as soon as they are all received from the several counties in this Territory, in the presence of the Governor, who shall issue his proclamation declaring the result.
Sec. 9. That all electors qualified as aforesaid, may vote for or against a Convention, in any county of this Territory, whether residents of such county or not; but in the election of Delegates to the Convention, the said electors shall not vote out of the counties wherein they have their residences.
SEC. 10. That the several elections provided for in this act, shall in all respects, be conducted in accordance with the provisions of an act, regulating general elections in this Territory, and the several acts amendatory thereto, so far as the same is applicable, and except as is herein specially provided for. SEC. II.
That whenever a person shall present himself to give his vote or ballot at said elections, and either of the judges shall suspect or any other person shall challenge him to be unqualified for that purpose, the judges shall tender to him the following oath: “You do solemnly swear and declare, (or you do solemnly declare and affirm) that you are of the age of twenty-one years, according to your best knowledge and belief, a citizen of the United States, and that you have been for the last six months, an inhabitant of this Territory, and now a resident in this county, and that you have not voted before, in any part of this Territory at this election.”
SEC. 12. That it shall be the duty of the Secretary of the
Territory, to cause this act to be published in the several newspapers of this Territory, as soon as the same may be approved by the Governor; and it shall be the duty of the clerk of the board of county commissioners in the several counties of this Territory, to give notice that a poll will be opened for the purposes specified in the first section of this act, to the sheriff of his proper county, who is hereby required to post up notices in accordance with law, at least twenty days before the general election day, in August next.
Sec. 13. That it shall be the duty of the Secretary of the Territory, to procure a suitable room for the meetings of the Convention; also, to provide the same with furniture, stationery, and all other things necessary, for the comfort and convenience of the Convention.
Sec. 14. That this act shall take effect and be in force from and after its passage.
Approved, February 16, 1842.
-Reprinted from Laws of the Territory of Iowa, 1842, Ch. 84, p. 70.
THE VOTE IN 1842 ON THE QUESTION OF A CONVENTION.
Under the provisions of the Act of the last session “to provide for the expression of the opinion of the people of the Territory upon the subject of the formation of a State Constitution and Government, and to enable them to form a Constitution for the State of Iowa," polls were opened in all the counties, at the time of holding the general election1 for members of the Council and House of Representatives, and the question of “ Convention” or “No Convention” submitted to the
" voters. Returns of the result have been made to the Secretary of the Territory, (with the exception of a single precinct in one of the counties,) which show a majority in every county, and a large aggregate majority, against a Convention.
1 The August election, 1842.
-Reprinted from Journal of the House of Representatives of the Fifth Legislative Assembly of the Territory of Iowa, p. 13.—being an extract from the Governor's Message of Dec. 7th, 1842.
OFFICIAL RESULT ON THE CONVENTION QUESTION.
We copy from the Hawkeye the annexed abstract, from the official record, of votes given for and against a Convention at the late election in this Territory.
Des Moines co.
325 Du Buque
542 Van Buren
4129 Majority against Convention, 2696 -Reprinted from The Iowa City Standard, Vol. II., No. 41, Sept. Toth, 1842.