History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
These marginal or frontier settlers (squatters, as they were called)
were beyond the pale of constitutional government. No statute of
Congress protected them in their rights to the claims they had staked
out and the improvements they had made. In _law_ they were trespassers; in
_fact_ they were honest farmers.
Now, it was to meet the peculiar conditions of frontier life, and
especially to secure themselves in what they were pleased to call their
rights in making and holding claims, that the pioneers of Iowa
established land clubs or claim associations. Nearly every community in
early Iowa had its local club or association. It is impossible to give
definite figures, but it is safe to say that over one hundred of
these extra-legal organizations existed in Territorial Iowa. Some, like
the Claim Club of Fort Dodge, were organized and flourished after the
Commonwealth had been admitted into the Union.
In the "Recollections" and "Reminiscences" of pioneers many references
are made to these early land clubs or claim associations, and
Constitutions, By-laws, or Resolutions are sometimes reproduced
therewith in whole or in part. But _complete and adequate manuscript
records_ of but two Iowa organizations have thus far come to light. The
"Constitution and Records of the Claim Association of Johnson County,"
preserved by the Iowa State Historical Society, were published in full
in 1894. The materials of this now famous manuscript, which are
clear and complete, were arranged as follows: I. Constitution and Laws;
II. Minutes of Meetings; III. Recorded Claims; IV. Recorded Quit Claim
Deeds.
The Constitution of the Johnson County Association is perhaps the most
elaborate Squatter Constitution in the annals of early Iowa. It was
adopted March 9th, 1839, and consists of three articles, twenty-three
sections, and over twenty-five hundred words.
Article I. fixes the name of the Association, and declares that "the
officers of this association shall be one President, one Vice
President, One Clerk or Recorder of claims, deeds or transfers of
Claims, seven Judges or adjusters of claims or boundary . . . and two
Marshalls." All of the officers were elected annually.
Article II. relates to "sallerys." It provides that "the Clerk or
Recorder shall receive Twenty-five cents for recording each and everry
claim, and fifty cents for everry deed or conveyance . . . . and Twelve
& a half cents for the privalege of examining his Books." The Judges and
Marshals were allowed one dollar and fifty cents each for every day
spent in the discharge of the duties of their respective offices.
Public-domain text, read in full here on John Shaqi.
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