History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
One is even justified in suggesting that herein we have, perhaps, come
across the origin of the American principle of homestead exemptions. Is
it not reasonable to suggest that the emphasis which frontier life and
customs placed upon the importance and value of the homestead gave birth
to the laws that are "based upon the idea that as a matter of public
policy for the promotion of the property of the State and to render
independent and above want each citizen of the Government, it is
proper he should have a home--a homestead--where his family may be
sheltered and live beyond the reach of financial misfortune?"
The Squatter Constitutions stand for the beginnings of local political
institutions in Iowa. They were the fundamental law of the first
governments of the pioneers. They were the fullest embodiment of the
theory of "Squatter Sovereignty." They were, indeed, fountains of that
spirit of Western Democracy which permeated the social and political
life of America during the 19th century. But above all they expressed
and, in places and under conditions where temptations to recklessness
and lawlessness were greatest, they effectively upheld the foremost
civilizing principle of Anglo-Saxon polity--the Rule of Law.
V
THE TERRITORY OF WISCONSIN
The year one thousand eight hundred and thirty-six is memorable in the
constitutional annals of Iowa, since it marks the beginning of the
Territorial epoch and the advent of our first general code or text of
fundamental law.
To be sure, the Iowa country had had a certain constitutional status
ever since the acquisition of the Province of Louisiana in 1803. In
1804, it formed a part of the District of Louisiana, which was placed.
under the jurisdiction of the Governor and Judges of the Territory of
Indiana; in 1805, it remained a part of that district known
henceforth as the Territory of Louisiana; in 1812, it was included
within the newly created Territory of Missouri; in 1821, it was reserved
for freedom by the Missouri Compromise; and finally, after being without
a local constitutional status for more than thirteen years, it was
"attached to, and made a part of, the territory of Michigan" for "the
purpose of temporary government." Nevertheless, it would be sheer
antiquarianism to catalogue the treaty and conventions of 1803 and the
several acts of Congress establishing the District of Louisiana, the
Territory of Louisiana, the Territory of Missouri, and the Territory of
Michigan as Constitutions of Iowa.
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