that first session pertains to the constitution and administration of government. Out of a total of one hundred and forty enactments, fifty-two general and twenty-one local acts relate to the organization of offices and departments, the public domain, highways, and the militia; eighteen general laws deal with police and general welfare; one is concerned with schools; and four have to do with revenue and taxation. The three laws providing for the courts. and the costs of adjudication alone fill seventy-eight pages. That the Legislative Assembly paid serious attention to the recommendations of the Governor all through the Territorial period is evident from the practice of referring his annual message to various select or standing committees for consideration, sometimes with instructions to report bills. Furthermore, there were occasions during the Territorial period when the Governor deemed it necessary to influence legislation by special messages on particular subjects."

78

Over the acts of the First Legislative Assembly the Territorial Governor enjoyed the power of absolute veto. Unless Robert Lucas approved a bill it failed to become a law. But so vigorously did Governor Lucas exercise his prerogative that, although his judgment in the majority of cases was sound Congress nevertheless was constrained to limit his veto power. In 1839 the Legislative Assembly was given the privilege of reconsidering an act disapproved by the Governor and of passing it without his signature by an affirmative vote of two-thirds of the members of each house. Furthermore, if the Governor failed to return a bill within three days, it became a law in the same manner as if he had signed it.79

Nineteen bills met executive disapproval while Iowa was a Territory: twelve were vetoed during Lucas's ad

ministration, four by Governor Chambers, and three by Governor Clarke. Of the nineteen bills vetoed, four became laws without the Governor's signature, one was rewritten and enacted, and another became law by being incorporated in another act.80

National politics then occupied a more important place in local affairs than at the present time: campaigns for local offices were usually waged on national issues. It was essential that all candidates for public office be strong party men. Although the Governor was appointed by the President of the United States, he became by virtue of his high office the leader of his party in the Territory. As the head of a political party in the Territory the Governor was in a position to guide the Legislative Assembly in needed legislation, the extent to which his influence was felt depending upon his personality. In the case of Robert Lucas, his temperament was of such a positive character and so steadfastly did he abide by his opinions — opinions that had been formulated after years of experience in frontier government - that he fairly dominated legislative policies. The fact that Governor Chambers was a Whig while the majority of the members of the Assembly were of the Democratic faith probably accounts for three of the four bills which he vetoed being enacted into law without his signature. The influence which the Governor exerted through his political party affiliations is difficult of measurement, but there can be no doubt as to its efficacy.

VI

CHARACTER, PUBLICATION, AND DISTRIBUTION OF TERRITORIAL STATUTES

THE assertion has sometimes been made that the enactments of the early Assemblies were superior in some respects to any laws that have since been placed upon the statute books of this Commonwealth. This alleged superiority may have been due to the simplicity of pioneer conditions, the greater wisdom of the law-makers, the consideration of fewer measures in a session, the employment of parliamentary procedure which was conducive to thorough debate, or the framing of acts by persons specially qualified for the work. At all events the Territorial statutes possess certain marked characteristics.

CHARACTER OF TERRITORIAL STATUTES

Between 1838 and 1846 there were nearly a thousand enactments by the Legislative Assembly, the great majority of which more than seventy-five percent related to the establishment, functions, administration, and maintenance of the government, either in its Territorial or local phases. Most of the remaining laws affected business interests; while only a very small percentage had to do with private law and the definition of crime. Such matters as roads, dams and ferries, marriage and divorce, incorporation of business enterprises and institutions, the organization of courts, and the regulation of judicial procedure received primary attention. Laws in regard to charity and correction, the regulation of

trades and professions, concern for public health, financial affairs, and schools are rendered conspicuous by their scarcity. Another interesting feature of Territorial legislation is that the number of acts of a special nature was almost double the number of general laws.81

PUBLICATION OF TERRITORIAL STATUTES

It was the duty of the Secretary of the Territory to "record and preserve all the laws and proceedings of the Legislative Assembly". He was responsible for the supervision of the printing and distribution of the statutes. Before the first Monday in December of each year he was obliged to transmit one copy of the laws to the President of the United States and two copies to the speaker of the Federal House of Representatives. Incidental expenses of the Territorial legislature, including the printing of the laws, were paid from sums of money appropriated annually by the Federal government upon the estimate of the Secretary of the Treasury.82

The Legislative Assembly at each session authorized the printing of the laws and resolutions which had been enacted, the number of copies varying from a thousand to twenty-five hundred. The laws of the First Legislative Assembly were issued in a classified form known as The Old Blue Book - so-called from the color of the cover. Only fifteen hundred copies of the session laws of the second, third, and fourth Legislative Assemblies, including the extra session of 1840, were printed. The general laws of the Fifth Legislative Assembly were printed in the Revised Statutes of 1842-1843, known as The Blue Book the second attempt to codify the laws of the Territory. There were issued twenty-five hundred copies of The Blue Book, while only one thousand copies of the

local and private laws of the Fifth Legislative Assembly were printed. Twenty-five hundred copies of the laws of the sixth, seventh, and eighth Legislative Assemblies were published.83

Ninety days after adjournment was the usual time allowed for the printing of the laws, although the Seventh Legislative Assembly allowed not more than half that time, and the laws of the extra session of 1840 were demanded within sixty days.84

All laws of a general nature enacted by the Second Legislative Assembly were printed in four newspapers of the Territory, while a list of the statutes was published in all of the Territorial newspapers. Sometimes extra copies of a particular act were printed in pamphlet form; and again, if a mistake was made in printing a law the statute was corrected and republished.85

The style of printing the laws was regulated in detail by an act of 1842-1843 in which the Statutes of Arkansas were cited as a model. The same law determined the compensation for printing. At other times, however, the pay was fixed in the resolution appointing the printer, either at a definite amount or at the rate allowed for similar work by Congress.86

DISTRIBUTION OF TERRITORIAL STATUTES

The distribution of the published laws was regulated by the First Legislative Assembly. A sufficient number of copies for the use of civil officers- some fifteen officers being designated were sent to the clerks of the several boards of county commissioners for distribution. Furthermore, from twenty to one hundred additional copies were sent to each county; the United States and Territorial officers were entitled to copies; and the remainder