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For a Convention,

6,719 Against it,

3,974 Showing a majority of

favor of a State Government. --Reprinted from Bloomington Herald, Vol. IV., No. 26, May 3d, 1844.

2,745 in

CONVENTION-OFFICIAL VOTE.*

FOR CONVENTION.

204 1342 970

73 157 313 256 479 240 143 282

Jackson,
Lee,
Van Buren,
Clinton,
Keokuk,
Johnson,
Louisa,
Henry,
Muscatine,
Scott,
Dubuque,
Linn,
Cedar,
Wapello,
Jones,
Mahaska,
Jefferson,
Delaware,
Des Moines,
Davis,
Clayton,

Total,

AG'ST CONVENTION.

198 353 296 89 13 150 249 338 267 204 293 159 I 22 162 107 155 164

25 630 135 72

100
171
414

20
167
566
12

741
216

41

6,976

4,181

4,181

Majority,

2,795 * Washington county return not received.

-Reprinted from Bloomington Herald, Vol. IV., No. 27, May roth, 1844.

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Again the subject was agitated, and an act was passed February 161, 1844, providing for submitting the question at the township election in the following April. At this election, the people decided in favor of a convention by a large majority, the vote standing 7,221 for, and 4,308 against.

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

OF

AN ACT TO AMEND AN ACT ENTITLED 6 AN ACT TO PROVIDE FOR THE EXPRESSION OF THE OPINION

THE PEOPLE OF THE TERRITORY OF IOWA, UPON THE SUBJECT OF THE FORMATION OF A STATE CONSTITUTION FOR THE STATE OF Iowa.”

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SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the fifth section of the act to which this act is amendatory, be so amended as to read that said Convention shall consist of seventy-three members, and that the counties of Davis, Wapello, and Mahaska shall each be entitled to two members of said Convention. SEC. 2.

That so much of said act as conflicts with the provisions of this act, be, and the same is, hereby repealed.

Approved, 19th June, 1844.

-Reprinted from Laws of the Territory of Iowa, 1844, (Extra Session), Ch. 8, p. 5.

1 Should read, February 12th.

: Cf. Judge Springer's address, Iowa Historical Record, Vol. XII., No. 3, p. 487.

THE CONSTITUTION OF 1844.

CONSTITUTION.

ARTICLE I.

PREAMBLE AND BOUNDARIES.

We, the people of the Territory of Iowa, within the boundaries hereinafter designated, by our representatives in Convention assembled at lowa City, on Monday the seventh day of October, in the year of our Lord one thousand eight hundred and forty-four, grateful to the Supreme Ruler of the Universe for the blessings hitherto enjoyed as a people, and acknowledging our dependence upon him for a continuation of those blessings, in order to establish justice, ensure tranquility, provide for the common defence, promote the general welfare, secure to ourselves and our posterity, the rights of life, liberty, and the pursuit of happiness, do agree to form and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows, to wit: Beginning in the middle of the main channel of the Mississippi river opposite the mouth of the Des Moines river; thence up the said river Des Moines in the middle of the main channel thereof, to a point where it is intersected by the Old Indian Boundary line, or line run by John C. Sullivan in the year 1816; thence westwardly along 'said line to the “Old North-west corner of Missouri;" thence due west to the middle of the main channel of the Missouri river; thence up in the middle of the main channel of the river last mentioned to the mouth of the Sioux or Calumet river; thence in a direct line to the middle of the main channel of the St. Peters river, where the Watonwan river (according to Nicollet's map) enters the same; thence down the middle of the main channel of said river to the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said river, to the place of beginning.

ARTICLE 2.

OF THE BILL OF RIGHTS.

2.

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All men are by nature free and independent, and have certain unalienable rights, among which, are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right at all times, to alter, or reform the same, whenever the public good may require it.

3. The Legislature shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates, for building or repairing places of worship, or for the maintainance of

any

minister or ministry.

4 No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion.

5 All laws of a general nature shall have a uniform operation.

6. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appear to the jury that the matter charged as libellous was true, and was published with good motive, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

7. The right of the people to be secure in their persons,

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houses, papers, and effects against unreasonable seizures and searches, shall not be violated, and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the papers or things to be seized.

8. The right of trial by jury shall remain inviolate; but the Legislature may authorize trial by a jury of a less number than twelve men in the inferior courts.

9. In all criminal trials, the accused shall have a right to a speedy trial by an impartial jury, to be informed of the accusation against him, to be confronted with the witnesses against him, to have compulsory process for his own witnesses, and to have the assistance of counsel.

No person shall be held to answer for a criminal offence, unless on presentment, or indictment by a grand jury, except in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger.

No person shall after acquittal be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evident or the presumption great.

The writ of Habeas Corpus shall not be suspended unless in case of rebellion or invasion, the public safety require it.

13. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in manner prescribed by law.

15. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort.—No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.

II.

12.

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