History of the Constitutions of Iowa

by Benjamin Franklin Shambaugh

And so the Constitution of 1846 had scarcely been ratified at the polls before an agitation looking toward its amendment or revision was begun. As early as August 19, 1846, the Iowa City Standard declared that "three fourths of the people of Iowa have determined that, cost what it may, the Ninth Article shall not remain unaltered in the Constitution."

During the first session of the General Assembly of the State a bill providing for an expression of the opinion of the people of Iowa upon the subject of amendment passed the House of Representatives, but was indefinitely postponed in the Senate by a vote of ten to eight. This was in February, 1847. In 1848 the question of Constitutional amendment was made an issue in the political campaign. The Whigs advocated amendment or revision; while the Democrats as a rule stood for the Constitution as ratified in 1846.

A bill providing for an expression of opinion by the people was again introduced in the House of Representatives during the second session of the General Assembly, but was indefinitely postponed after the second reading. A similar bill was rejected by the House during the third session. During the fourth regular session petitions favorable to amendment were received from the people.

In the meantime Stephen Hempstead was elected to the office of Governor. He had been opposed to the agitation for Constitutional revision, and in his first Message of December 7, 1852, he said: "I cannot avoid a feeling of deep concern at the opinion expressed by some portion of our fellow citizens in favor of amending the Constitution of our State in such a manner as to authorize the establishment of Banks--of special acts of incorporation for pecuniary profit, and of contracting State debts without limitations of the General Assembly." In the same document he urged "upon the General Assembly the propriety of passing a law to prohibit the circulation of all bank notes of a less denomination than ten dollars." When he retired from office in December, 1854, he still declared that he saw no "imperative reason why our Constitution should be amended." But his successor, Governor Grimes, favored submitting the question of revision and amendment to the people.

The necessity for a Convention to revise the Constitution of 1846 had become imperative. Iowa was flooded with a depreciated paper currency from other States. Gold and silver money was scarce. The few pieces which found their way into the State were hoarded either to pay taxes or to pay for government land.

Finally, "An Act providing for the revision or amendment of the Constitution of this State" was passed by the fifth General Assembly and approved by Governor Grimes, January 24, 1855. In accordance with its provisions a poll was opened at the general election in August, 1856, "for the purpose of taking a vote of the people for or against a convention to revise or amend the Constitution." On the tenth day of September the Governor declared in his official proclamation that a majority of eighteen thousand six hundred and twenty-eight votes had been cast in favor of a Convention.

In November, 1856, thirty-six delegates were elected to the Convention which met in the Supreme Court room of the Old Stone Capitol at Iowa City on January 19, 1857. Mr. Gray, of Linn County, called the Convention to order and moved that John A. Parvin, of Muscatine, be chosen President pro tem. On the following day Francis Springer was elected President of the Convention. The other permanent officers were as follows: Thomas J. Saunders, Secretary; Ellsworth N. Bates, Assistant Secretary; S. C. Trowbridge, Sergeant-at-Arms; Francis Thompson, Door Keeper; James O. Hawkins, Messenger; and W. Blair Lord, Reporter.

Of the thirty-six delegates, six were from the New England States, eleven from the Middle States, ten from the South, and nine from the Middle West. As to occupation there were fourteen lawyers, twelve farmers, two merchants, two dealers in real estate, two bankers, one book-seller, one mail contractor, one druggist, and one pork-packer. The youngest member was twenty-six, the oldest fifty-six; while the average age of all the members was forty years. Twenty-one of the thirty-six members were Republicans; the other fifteen were Democrats.

Early in the session of the Convention of 1857 there appeared to be considerable dissatisfaction with the accommodations afforded at Iowa City. The General Assembly had not yet adjourned, and so the Convention was compelled to meet for a few days in the Supreme Court room. Some of the members complained of the hotel service, and declared that they had not been welcomed with proper courtesy and hospitality by the people of Iowa City. At the same time the Convention received alluring invitations from Davenport and Dubuque. A committee of five was appointed to whom these invitations were referred. The report of this committee provoked a lively debate which Wm. Penn Clarke desired to have suppressed in the published reports. The result of the discussion was that the Convention concluded to remain in Iowa City.

On the second day the members took an oath to support the Constitution of the United States. Some desired to include in this oath the Constitution of the State of Iowa; but the majority did not think it proper to swear allegiance to a Constitution which the Convention was called upon to amend, revise, or perhaps reject altogether.