History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Absence of legislative statutes and administrative ordinances on the
frontier did not mean anarchy and disorder. The early settlers of Iowa
were literally, and in that good old Anglo-Saxon sense, "lawful men of
the neighborhood," who from the beginning observed the usages and
customs of the community. Well and truly did they observe the customs
relative to the making and holding of claims. And as occasion demanded
they codified these customs and usages into "Constitutions,"
"Resolutions," and "By-Laws." Crude, fragmentary, and extra-legal as
were their codes, they nevertheless stand as the first written
Constitutions in the history of the Commonwealth. They were the
fundamental laws of the pioneers, or, better still, they were Squatter
Constitutions.
The Squatter Constitutions of Iowa, since they were a distinctive
product of frontier life, are understood and their significance
appreciated only when interpreted through the conditions of Western life
and character.
It was through cession and purchase that the United States came into
possession of the vast public domain of which the fertile farming fields
of Iowa formed a part. Title to the land vested absolutely in the
Government of the United States. But the right of the Indians to occupy
the country was not disputed. Until such right had been extinguished by
formal agreement, entered into between the United States and the
Indians, no white citizen was competent to make legal settlement
therein.
As early as 1785 Congress provided that no settlement should be made on
any part of the public domain until the Indian title thereto had been
extinguished and the land surveyed. Again, in 1807, Congress provided:
"That if any person or persons shall, after the passing of this act,
take possession of, or make a settlement on any lands ceded or secured
to the United States by any treaty made with a foreign nation, or by a
cession of any State to the United States, which lands shall not
have been previously sold, ceded, or leased by the United States, or the
claim to which lands, by such person or persons, shall not have been
previously recognized and confirmed by the United States; or if any
person or persons shall cause such lands to be thus occupied, taken
possession of, or settled; or shall survey, or attempt to survey, or
cause to be surveyed, any such lands; or designate any boundaries
thereon, by marking trees, or otherwise, until thereto duly authorized
by law; such offender or offenders shall forfeit all his or their right,
title, and claim, if any he hath, or they have, of whatsoever nature or
kind the same shall or may be to the lands aforesaid, which he or they
shall have taken possession of, or settled, or caused to be occupied,
taken possession of, or settled, or which he or they shall have
surveyed, or attempt to survey, or the boundaries thereof he or they
shall have designated, or cause to be designated, by marking trees or
otherwise.
Public-domain text, read in full here on John Shaqi.
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