History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
In addition to the Constitution, Resolutions were, from time to time,
adopted with the force of laws. It is here that the real spirit and
purpose of the pioneer squatters is best expressed. With characteristic
frankness they resolved to "discountenance any attempts on the part
of any and every person to intrude in any way upon the rightful claims
of another," since "the presumption is that a person thus attempting to
take away a portion of the hard earnings of the enterprising and
industrious setler is dishonest & no Gentlemen."
That they insisted upon equity rather than upon refined technicalities
in the administration of their law is seen in the following: "Resolved
that to avoid difficulty growing out of the circumstance of persons
extending their improvements accidentaly on the claims of others before
the Lines were run thereby giving the first setlr an opportunity or
advantage of Preemption over the rightful owner that any person who hold
such advantages shall immediately relinquish all claim thereto to
the proper owner and any one refusing so to do shall forfeit all claim
to the right of protection of the association."
For the speculator who sometimes attended the land sales the squatters
had little respect; so they "Resolved that for the purpose of garding
our rights against the speculator we hereby pledge ourselves to stand by
each other and to remain on the ground until all sales are over if it
becomes necessary in order that each and every setler may be secured in
the claim or claims to which he is justly entitled by the Laws of this
association." And remarkable as it may seem, the same protection which
was pledged "before the sale" was guaranteed to "all such members as may
be unable to enter their claims at the sale after such sale and
until the same may be entered by them."
The following are typical records of claims as recorded in the claim
book of the Johnson County Association:
"The following is a decription of my claim made about the 15 of
January 1838, that I wish recorded. Situated on Rapid Creek About Two
Miles above Felkners & Myers mill Johnson County Iowa Territory
Commencing about 20 Rods South of Rapid Creek at a double white Oak
Tree Blazed & 3 notches on one side and 4 on the other and then
running West three fourths of a mile to a double white Oak on the east
side of a small branch Blazed and marked as before described then
running North about three fourths of a mile to a white Oak tree Blazed
and marked as before then running East about three fourths of a
mile to a small Bur Oak tree on the west side of Rapid Creek marked
and blazed as before mentioned then running South crossing Rapid Creek
to the place of beginning
March 20th 1839. GRIFFITH SHRECK"
Public-domain text, read in full here on John Shaqi.
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