History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
Furthermore, the archives show that the offices of the newly created
counties were duly filled by the Governor of the Territory of Michigan
"by and with the consent of the Legislative Council." Letters and
petitions addressed to the Governor are evidence that the people did not
hesitate to recommend candidates or ask for removals. In Dubuque County
they forced the resignation of the Chief Justice of the County Court and
secured the appointment of a candidate of their own choice. And when a
vacancy occurred in the office of Sheriff, the inhabitants of the same
County, thinking that "the best method of recommending a suitable person
for that office was to elect one at their annual township meeting,"
voted for Mr. David Gillilan as their choice. The Clerk of the County
Court, who was authorized to notify the Governor of the results of the
election, expressed the "hope that a commission will be prepared and
sent as early as practicable." The records show that Mr. Gillilan was
subsequently appointed by the Governor. So much for the public
archives of the Territory of Michigan respecting the political status of
the Iowa country.
In a memorial to Congress drawn up and adopted by a delegate convention
of of the people west of the Mississippi assembled at Burlington in
November, 1837, this statement is made in reference to the two years
from 1834 to 1836: "During the whole of this time the whole country,
sufficient of itself for a respectable State, was included in the
counties Dubuque and Demoine. In each of these two counties there were
holden, during the said term of two years, two terms of a county court,
as the only source of judicial relief up to the passage of the act of
Congress creating the Territory of Wisconsin."
The Legislative Council of the Michigan Territory, in a memorial which
bears the date of March 1, 1836, went on record to this effect:
"According to the decision of our Federal Court, the population west of
the Mississippi are not within its jurisdiction, a decision which is
presumed to be in accordance with the delegated power of the court and
the acknowledged laws of the land; but that ten or twelve thousand
free-men, citizens of the United States, living in its territory, should
be unprotected in their lives and property, by its courts of civil and
criminal jurisdiction, is an anomaly unparalleled in the annals of
republican legislation. The immediate attention of Congress to this
subject is of vital importance to the people west of the Mississippi."
Public-domain text, read in full here on John Shaqi.
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