which any district judge or other State or county officer elected at the April election in the year one thousand eight hundred and fifty-eight shall not extend beyond the time fixed for filling like offices at the October election, in the year one thousand eight hundred and fiftyeight. Sec. 8. The first election for judges of the Supreme Court, and such county officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October, in the year one thousand eight hundred and fifty-nine. Sec. 9. The first regular session of the General Assembly shall be held in the year one thousand eight hundred and fifty-eight, commencing on the second Monday of January of said year. Sec. 10. Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty-nine, at which time their successors shall be elected as may be prescribed by law. Sec. 11. Every person elected by popular vote, by a vote of the General Assembly, or who may hold office by executive appointment, which office is continued by this Constitution, and every person who shall be so elected or appointed to any such office before the taking effect of this Constitution (except as in this Constitution otherwise provided), shall continue in office until the term for which such person has been or may be elected or appointed shall expire; but no such person shall continue in office after the taking effect of this Constitution, for a longer period than the term of such office in this Constitution prescribed. Sec. 12. The General Assembly, at the first session under this Constitution, shall district the State into eleven judicial districts, for district court purposes, and shall also provide for the apportionment of the members of the General Assembly in accordance with the provisions of this Constitution. Sec. 13. This Constitution shall be submitted to the electors of the State at the August election, in the year one thousand eight hundred and fifty-seven, in the several election districts in this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, "New Constitution-Yes." Those against the Constitution, "New Constitution-No." The election shall be conducted in the same manner as the general elections of the State, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the Code, and abstracts shall be forwarded to the Secretary of State, which abstracts shall be canvassed in the manner provided for the canvass of State officers. And if it shall appear that a majority of all the votes cast at such election for and against this Constitution are in favor of the same, the Governor shall immediately issue his proclamation stating that fact, and such Constitution shall be the Constitution of the State of Iowa, and shall take effect from and after the publication of said proclamation. Sec. 14. At the same election that this Constitution is submitted to the people for its adoption or rejection, a proposition to amend the same by striking out the word "white" from the article on the Right of Suffrage shall be separately submitted to the electors of this State for adoption or rejection in the manner following-Namely: A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box; and those given for the adoption of each proposition shall have the words, "Shall the word white' be stricken out of the article on the Right of Suffrage? Yes." And those given against the proposition shall have the words, Shall the word 'white' be stricken out of the article on the Right of Suffrage? No." And if at said election the number of ballots cast in favor of said proposition shall be equal to the majority of those cast for and against this Constitution, then said word "white" shall be stricken from said article and be no part thereof. Sec. 15. Until otherwise directed by law, the County of Mills shall be in and a part of the Sixth Judicial District of this State. Done in convention at Iowa City this fifth day of March, in the year of our Lord one thousand eight hundred and fifty-seven, and of the Independence of the United States of America, the eighty-first. In testimony whereof we have hereunto subscribed our names : Timothy Day, James A. Young, D. H. Solomon, ATTEST: M. W. Robinson, George Gillaspy, Edward Johnstone, Francis Springer, President. Th. J. Saunders, Secretary. E. N. Bates, Assistant Secretary. TOPIC FOR FURTHER STUDY. The subject of Educational Land Grants is not generally well understood. There is a common misapprehension to the effect that the policy of educational land grants originated in the Ordinance of 1787. A study of the article in the Report of the Commissioner of Education for 1892 and '93, Vol. II., pp. 1268-1283, and of the same subject as treated in Dr. Hinsdale's The Old Northwest, will correct several mistakes very common among teachers. The Act of July 23, 1787, is often confused with the great Ordinance of 1787, and the latter makes no such dedication of land. Even the Act of July 23 was permissory rather than mandatory, and the actual educational land grants have been made by special acts, and not by any single grant for all States. Biennial Elections.- An amendment to the Constitution, calling for general elections biennially instead of annually, was passed by two successive assemblies and carried by a majority of the popular vote in November, 1900, but was afterward set aside by the Supreme Court on a technical error in the records. PART III. The Government of the United States. CHAPTER XXIII. THE MAKING OF THE GOVERNMENT. The American Government. Sections 66-222 inclusive. The United States, both as forty-five individual States and as a Nation, are an outgrowth of the Thirteen English Colonies planted on the eastern shore of North America in the years 1607-1732. The process by which this change was effected, will be briefly described in this chapter. 312. The Colonial Governments.-The Kings of England gave to the companies, proprietors, and associations that planted the Colonies certain political powers and rights. These powers and rights were formally granted in documents called charters and patents; they were duly protected by regular governments, and so became the possession of the people of the Colonies. While differing in details, these governments were alike in their larger features. There was in every Colony (1) an Assembly or popular house of legislation; (2) a Council, which served as an upper house of legislation in most of the Colonies and as an advisory body to the governor in all of them; (3) a Governor, and (4) Courts of Law. The members of the assembly were chosen by the qualified voters. The members of the council and the governors were elected by the people in Connecticut and Rhode Island, and were appointed by the proprietors in Maryland and Pennsylvania, and by the king in the other colonies. The judges were generally appointed by the king or his representatives. Powers of local government were distributed to local officers in every Colony. 313. The Home Government. The Kings who granted the charters and patents, for themselves and their descendants, guaranteed to their subjects who should settle in the Colonies and their children, all liberties, franchises, and immunities of free denizens and native subjects within the realm of England. Previous to the troubles that led to the Revolution, the Home government commonly left the Colonies practically alone as free states to govern themselves in their own way. Still they were colonies. The charters enjoined them not to infringe the laws of England, and Parliament passed an act expressly declaring that all laws, by-laws, usages, and customs which should be enforced in any of them contrary to any law made, or to be made, in England relative to said Colonies, should be utterly void and of none effect. Moreover, the power to decide what was so contrary the Home government retained in its own hands. 314. Dual Government.-Thus from the very beginning the Colonies were subject to two political authorities; one their own Colonial governments, the other the Crown and Parliament of England. In other words, government was double, partly local and partly general. This fact should be particularly noted, for it is the hinge upon |