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3. The General Assembly shall not locate any of the public lands, which have been or may be granted by Congress to this State, and the location of which may be given to the General Assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant so exempted shall not exceed three hundred and twenty acres.
SCHEDULE. That no inconvenience may arise from the change of a Territorial government to a permanent State government, it is declared that all writs, actions, prosecutions, contracts, claims and rights, shall continue as if no change had taken place in this government; and all process which may, before the organization of the judicial department under this constitution, be issued under the authority of the Territory of Iowa, shall be as valid as if issued in the name of the State.
2. All the laws now in force in this Territory, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assembly of this State.
3. All fines, penalties, and forfeitures, accruing to the Territory of Iowa, shall accrue to the use of the State.
4. All recognizances heretofore taken, or which may hereafter be taken, before the organization of the judicial department under this constitution, shall remain valid, and shall pass to, and may be prosecuted in the name of the State. And all bonds executed to the Governor of this Territory, or to any other officer in his official capacity, shall pass over to the Governor of the State, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for, and recovered accordingly. All criminal prosecutions and penal actions, which have arisen, or may arise, before the organization of the judicial department under this constitution, and which shall then be
pending, may be prosecuted to judgment and execution in the name of the State.
5. All officers, civil and military, now holding their offices and appointments in this Territory under the authority of the United States, or under the authority of this Territory, shall continue to hold and execute their respective offices and appointments until superseded under this constitution.
6. The first general election under this constitution, shall be held at such time as the Governor of the Territory, by proclamation, may appoint, within three months after its adoption, for the election of a Governor, two Representatives in the Congress of the United States, (unless Congress shall provide for the election of one Representative,) members of the General Assembly, and one Auditor, Treasurer, and Secretary of State. Said election shall be conducted in accordance with the existing election laws of this Territory, and said Governor, Representatives in the Congress of the United States, Auditor, Treasurer, and Secretary of State, duly elected at said election, shall continue to discharge the duties of their respective offices for the time prescribed by this constitution, and until their successors are elected and qualified. The returns of said election shall be made in conformity to the existing laws of this Territory.
7. Until the first enumeration of the inhabitants of this State as directed by this Constitution, the following shall be the apportionment of the General Assembly:
The county of Lee shall be entitled to two Senators and five Representatives;
The county of Van Buren, two Senators and four Representatives;
The counties of Davis and Appanoose, one Senator and one Representative, jointly;
The counties of Wapello and Monroe, one Senator jointly, and one Representative each;
The counties of Marion, Polk, Dallas and Jasper, one Senator and two Rrepresentatives, jointly;
The county of Des Moines, two Senators and four Representatives;
The county of Henry, one Senator and three Representatives;
The county of Jefferson, one Senator and three Representatives;
The counties of Louisa and Washington, one Senator jointly, and one Representative, each;
The counties of Keokuk and Mahaska, one Senator jointly, and one Representative each;
The counties of Muscatine, Johnson and Iowa, one Senator and one Representative jointly, and Muscatine one Representative, and Johnson and Iowa one Representative jointly;
The counties of Scott and Clinton, one Senator jointly, and one Representative each;
The counties of Cedar, Linn and Benton, one Senator jointly, the county of Cedar one Represetative, and the counties of Linn and Benton, one Representative jointly;
The counties of Jackson and Jones, one Senator and two Reresentatives;
The counties of Dubuque, Delaware, Clayton, Fayette, Buchanan and Blackhawk, two Senators, and two Representatives jointly;
And any country attached to any county for judicial purposes, shall, unless otherwise provided for, be considered as forming part of such county for election purposes.
8. The first meeting of the General Assembly under this Constitution shall be at such time as the Governor of the Territory may, by proclamation, appoint, within four months after its ratification by the people, at Iowa City, in Johnson county, which place shall be the Seat of Government of the State of Iowa, until removed by law. Done in Convention, at Iowa City, this 18th day of May, in
the year of our Lord, one thousand eight hundred and forty six, and of the Independence of the United States of America, the seventieth,
In Testimony Whereof, We have hereunto subscribed our
ENOS LOWE, President.
Socrates H. Tryon,
Sylvester G. Matson,
S. A. Bissell,
John J. Selman,
Francis K. O'Ferrall,
J. Scott Richmam,
Attest-William THOMPSON, Secretary. -Reprinted from Journal of the Convention for the Formation of a Constitution for the State of Iowa, begun and held at lowa City, on the first Monday of May, 1846, p. iii.
Be it ordained by the Convention assembled to form a Constitution for the State of Iowa, in behalf of the people of said State, that the following propositions shall be made to the Congress of the United States, which, if assented to by that body, shall be obligatory on this State.
Section number sixteen in every surveyed township of public lands, and where such section has been disposed of, other lands equivalent thereto, and as contiguous as may be,
shall be granted to the State for the use of common schools.
2. The seventy-two sections of land set apart and reserved for the use and support of a University by an act of Congress, approved on the twentieth of July one thousand eight hundred and forty, entitled “An act granting two townships of land for the use of a University in the Territory of Iowa,” shall be applied solely to the use and support of such University in such manner as the General Assembly may direct.
3. That one quarter section of land in each township be granted to the State for the purpose of purchasing a common school library for the use of such township.
4. That five per cent of the net proceeds of the sales of all public lands lying within this State, which shall be sold by Congress after the admission of the State into the Union, shall be granted to the State for the use of common schools.
That in consideration of the grants specified in the four foregoing propositions, it is declared that this State will never interfere with the primary disposal of the soil within the same, by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bonefide purchasers thereof, and that no tax shall be imposed on lands, the property of the United States, and that in no case shall nonresident proprietors be taxed higher than resident.
-Reprinted from Journal of the Convention for the Formation of a Constitution for the State of Iowa, begun and held at Iowa City on the first Monday of May, 1846, p. xx.