History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Furthermore, a Constitution is the fundamental law of a _people_, not of
a _geographical area_; and since the Iowa country was practically
uninhabited prior to 1830, the earlier Territorial governments, which
have been mentioned, had for Iowa only a nominal political significance.
This is not to deny that Iowa has a history prior to 1830: it simply
points out that this earlier history is largely a record of changes in
subordinate jurisdiction over a geographical area, and in no sense the
annals of a political society.
Even after the permanent settlement of the Iowa country in the early
thirties and its union with the Territory of Michigan in 1834,
constitutional government west of the Mississippi continued to be more
nominal than real. This is true notwithstanding the fact that the
archives of the Territory of Michigan show that the Governor and
the Legislative Council made a serious attempt to provide for and put
into operation local constitutional government. In his message of
September 1, 1834, addressed to the Legislative Council, Governor Mason
referred to the inhabitants as "an intelligent, industrious and
enterprising people," who, being "without the limits of any regularly
organized government, depend alone upon their own virtue, intelligence
and good sense as a guaranty of their mutual and individual rights and
interests." He suggested and urged "the immediate organization for them
of one or two counties with one or more townships in each county."
The suggestions of the Governor were referred to the committee on the
Judiciary, and incorporated into "An Act to lay off and organize
counties west of the Mississippi River." This act, which was approved
September 6th, to go into effect October 1st, organized the Iowa country
to which the Indian title had been extinguished in June, 1833, into the
counties of Dubuque and Demoine. It also provided that each county
should constitute a township, and that the first election for township
officers should take place on the first Monday of November, 1834. The
laws operative in the county of Iowa, and not locally inapplicable, were
to have full force in the country west of the Mississippi.
Public-domain text, read in full here on John Shaqi.
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