At this election, held August 1, 1842, the vote stood, for the convention, 4,146; against it, 6,868. Every one of the seventeen counties that voted gave a majority against it.

-Reprinted from Hull's Historical and Comparative Census of Iowa, Introduction, p. ix.

AN ACT TO PROVIDE FOR THE EXPRESSION OF THE OPINION OF THE PEOPLE OF THE TERRITORY OF IOWA UPON THE SUBJECT OF THE FORMATION OF A STATE CONSTITUTION FOR THE STATE OF IOWA.

SECTION I. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That for the purpose of obtaining the expression of the opinion of the people of the Territory of Iowa upon the subject of the formation of a constitution and state government, a poll shall be opened at each electoral precinct in this Territory at the time and place of holding the township elections in April next. In those counties that are not organized into townships polls shall be opened at the places of voting for members of the Legislature at the time aforesaid.

SEC. 2. That it shall be the duty of the judges of elections at every precinct in this Territory to interrogate the several qualified electors, when they approach the polls to vote, whether they are in favor or against a convention, to which interrogatory the said elector shall answer simply "Convention," or "No Convention; " and the clerks of said election shall thereupon write down his name in a column headed "Convention," or "No Convention," in accordance with the vote of said elector.

SEC. 3. That immediately after the polls are closed it shall be the duty of the judges of said election to mark down dis

1 Judge Springer gives the figures as follows: for convention, 3,260; against a convention, 5,754.-Iowa Historical Record, Vol. XII., No. 3, p. 487.

tinctly, 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 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, and 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 at the next general election; 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 seventy members, to be elected within the several organized counties in this Territory, as follows, to wit:

The said delegates shall be citizens of the United States, and shall have resided six months within the Territory before the election aforesaid.

SEC. 6. That the judges of election in the several townships and 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 board of County Commissioners, 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 to 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 October after the election of delegates, 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 the Territory; and at the township election in April succeeding 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 vote for and against the constitution shall be counted and returned to the Clerk of the board of County Commissioners, 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 constitution 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 residence.

SEC. IO. 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, so far as the same is applicable, and except as is herein specially provided for.

SEC. II. 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 first Monday in April next.

SEC. 12. That it shall be the duty of the Secretary of the Territory to procure a suitable room for the meeting 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. 13. That the members of said Convention shall be entitled to such compensation as the Convention may direct, not exceeding three dollars per diem, and three dollars for every twenty miles travel to and from the place of holding said Convention.

SEC. 14. This act shall take effect and be in force from and after its passage.

Approved, 12th February, 1844.

-Reprinted from Laws of the Territory of Iowa, 1844, Ch. 9, p. 13.

THE VOTE IN 1844 ON THE QUESTION OF A CONVENTION.

The Convention-By the Proclamation of Gov. Chambers, dated 1st inst., it appears that in all the organized counties in the Territory, with the exception of Clayton, Washington and Davis, the vote on the convention question, at the late election,1 stood as follows:

1 The April election.