party of certain representatives that were essential to the election of United States senators and supreme. judges, and had resulted in electing other persons, whose position on party questions was not certainly to be depended upon at the meeting of the General Assembly.

44. The First Deadlock.-Lee county broke the party traditions on local issues (on account of legal difficulties over the Half-breed Tract), and chose independent representatives, while the Democrats were outwitted by the Whigs in Des Moines county and defeated at the polls. Shortly before the day of election, certain wealthy Whigs employed enough Democratic voters and sent them out into the country, at extravagant wages, to drive hogs to market, a common occupation at that time, and although there were no hogs to bring in from the remote points to which they were sent, their absence gave the Whigs the majority, and they thus accomplished by stratagem what they were not able to secure at the polls with a full vote. These two events helped make the first political deadlock known to Iowa, and prevented the State of Iowa from having her lawful representatives in the United States Senate.

45. The Balance of Power.-On the assembling of the members of the first State legislative body, certain designing politicians, who were not directly identified with either of the two great parties, became the balance of power between the opposing factions, and proposed to dictate the election of United States senators and also supreme judges. Jonathan McCarty, a resident of the Half-breed Tract and a citizen of

Lee county, had formerly been a Democratic representative in Congress from Indiana. Abandoning his party in the great political excitement of 1840, he became the head of the Whig electoral ticket of Indiana for General Harrison. The Whigs having fallen into minority in Indiana and McCarty having thus lost his influence he came to Iowa, and was ready to accommodate his political creed to whatever party would promote his individual interests. Being elected from Lee county under these circumstances, he thought he saw a chance to be elected United States senator by the general assembly, and, having the support of those who controlled the balance of power, announced his candidacy. His ticket was derisively named the“ possum ticket," and the members who supported him were known as "possum'' members. During the electioneering and political excitement connected with the proposed election of United States senators, a member, Nelson King, made the charge of an attempt to bribe him to secure his vote for the Democratic candidates, A. C. Dodge and J. C. Hall.

46. The First Legislative Investigation. This charge led to an extended investigation, in which nothing was satisfactorily proven, but on account of the tie between the Democrats and Whigs and the hostilities that thus were developed, no election resulted and the legislature adjourned, but not without having actually transacted business worthy of mention. Iowa was not represented in the Senate of the United States for the first two years of her statehood. After the adjournment of the general assembly, the governor appointed the judges of the supreme court,

and started, by so doing, this department of the State government.

47. The Financial Condition. The first General Assembly found the new State government in debt for Territorial expenditures by $26,000, and with no provision for payment. The members of the constitutional convention had not been paid, and there was no money to pay the salaries of the new State officers or the General Assembly. To meet these emergencies, a loan of $50,000 was authorized, and at once half the possible constitutional indebtedness was contracted. By this means, the new State was started on the high road to honor and prosperity.

48. The Temperance Movement.-At this time also great efforts were made throughout the State for temperance reform. Previous to this time, the counties had been authorized to grant licenses for the retailing of intoxicating liquors. Petitions were sent to this first general assembly from every part of the State asking that some steps be taken to suppress intemperance. The reply to these petitions of the people by the Assembly was in the shape of an act requiring the voters, at the next April election, to express an opinion on the propriety and necessity of licensing retailers of intoxicating liquors. The result of this test of public sentiment proved that every county in the State but two was opposed to the licensing of liquor sellers. By this vote, as provided by the law, the liquor traffic was to be suppressed in the counties that voted against license. But the anticipated effect was not realized, much to the disappointment of the friends of temperance reform, as a surreptitious traffic

sprang up that was difficult to stop, and, despite the large majority, the law began to grow unpopular and intemperance seemed to be continually increasing instead of being abolished, as the vote indicated. After various modifications, the struggle for law and order and temperance has been going on with the people of Iowa ever since these early days, as the majority of the voters have always desired the annihilation of the liquor traffic.

49. School Legislation. This general assembly also accomplished some school legislation, but through technical irregularities these laws were set aside by the supreme court. The provisions of the law included the election of superintendent of public instruction by the people on the first Monday of April, and also the election of school directors on the second Monday of April. To make this law immediately effective, the assembly provided that "this act shall take effect and be in force from and after its publication.". The constitution of the State said that "no law of the general assembly of a public nature shall be in force until the same shall be published and circulated in the several counties of the State by authority. If the general assembly shall deem any law of immediate importance, it may provide that the same shall take effect by publication in newspapers in the State." Since the pub

lication clause of the act did not state that the act would go into effect by being published in the newspapers, the supreme court decided that the secretary of state had no authority to publish the act in the newspapers and then distribute it to the several counties of the State, that there was therefore no law, and