| 190 | HISTORY |
and surrender to him, by an Iowa officer, of any slave who had escaped from bondage and sought freedom on Iowa soil. The House journal shows no opposition to this infamous law, but in the Council, James M. Clark, Robert Kalston and Jonathan W. Parker voted against it. The name of Slaughter County was changed to Washington and Jefferson County was established and named for the author of the Declaration of Independence. During the session an unpleasant contest arose between the Legislature and the Governor over the exercise of the veto power. The organic act provided that “The Governor shall approve all laws passed by the Legislative Assembly before they shall take effect.” Under this provision it would seem that the power of absolute veto was conferred upon the Governor and that no act could become a law without his approval. The two branches of the Legislature had by joint resolution directed the Secretary to pay certain of its officers and employees.
The Secretary doubting the legality of such payment without the authority of a law having the approval of the Governor, submitted the resolution to Governor Lucas and asked his opinion as to whether the resolution would be legal authority for payment of public money. The Governor replied that, in his opinion, it would not; holding that a law must first be enacted by the Legislature and approved by the Governor before the Secretary could legally pay for the services of the legislative officers.
The Secretary submitted the Governor’s opinion to the Legislature. A committee was appointed to consider the communication, which reported that in the opinion of the members of the Legislature, the Secretary had a legal right to pay the expenses of the Legislature when directed so to do by the resolution of that body, upon a certificate of the presiding officers of each House. On motion of Hawkins Taylor, the House declared by resolution that “the Secretary of the Territory is the only disbursing officer known to the organic law, and that a certificate
