the matter-of-fact way
in which a body of legislators _seem_ to have made a Constitution and
established a new political society.
In providing for the executive department in the very next section the
logical order of the Constitution of the United States was reversed by
placing the executive "power and authority" before that of the
legislative. This, however, was altogether natural, since the Governor
had been the central figure in Territorial government ever since the
days of the great St. Clair. He was no figure-head, but the real
Government, influencing legislation as well as directing the
administration. Robert Lucas, the first of the Territorial Governors of
Iowa, seems to have fully apprehended this fact, for from the very
outset he made himself the real power in public affairs. The influence
of the Governor was dominant in Territorial government chiefly because,
like his prototype in the Colonies, he represented the majesty and the
supreme authority of the National government.
"The executive power and authority in and over the said Territory of
Iowa," runs the Organic Act, "shall be vested in a Governor, who shall
hold his office for three years, unless sooner removed by the President
of the United States." The Governor was appointed by the President, but
must reside in the Territory and "shall take care that the laws be
faithfully executed." He was commander-in-chief of the militia and
commissioned all officers appointed under the laws of the Territory. It
was his to grant pardons for offenses against the laws of the Territory
and provisional reprieves for offenses against the laws of the United
States. Besides all this, he was Superintendent of Indian affairs for
the National government.
In the government of the Territory of Iowa the Governor was something
more than chief of the militia and author of commissions and pardons.
Like the King of England, he was a constituent branch of the law-making
body. Not only did the Organic Act declare "that the legislative power
shall be vested in the Governor and a Legislative Assembly," but it gave
to the Governor the power of an absolute veto over all acts of the
Assembly. Indeed, it was this extraordinary power to participate in
legislation along with the power to appoint all inferior judicial
officers, justices of the peace, sheriffs, militia officers, and county
surveyors that gave our first Governor a real power and prestige not
since enjoyed by any executive--
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