History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
On the floor of Congress, Mr. Patton of Virginia "adverted to the
peculiar situation of the inhabitants of that Territory [the Territory
which was soon afterwards organized as Wisconsin] they being without
government and without laws." This was in April, 1836. On the same day
Mr. George W. Jones, the delegate from Michigan, declared that the
people of western Wisconsin "are now, and have ever been, without the
pale of judicial tribunals." He "stated that he did not know of a single
set of the laws of the United States within the bounds of the
contemplated Territory."
The position of the Iowa country for several months immediately
preceding the organization of the Territory of Wisconsin was indeed
peculiar. In the eastern part of what had been the Territory of Michigan
the people had framed and adopted a State Constitution. As early as
October, 1835, they elected State officers. But on account of a dispute
with Ohio over boundary lines, Congress was in no hurry to recognize the
new State. Then for a time there were two governments--the Government of
the State of Michigan and the Government of the Territory of
Michigan--each claiming to be the only rightful and legitimate
authority. It was not until January, 1837, that the existence of
Michigan as a State was recognized at Washington.
Lieutenant Albert M. Lea, a United States army officer, who had spent
some time in the country west of the Mississippi did not fail to observe
the anomalous condition of the people. Writing early in 1836, he said:
"It is a matter of some doubt, in fact, whether there be any law at
all among these people; but this question will soon be put to rest by
the organization of the Territory of Wisconsin within which the Iowa
District is by law included."
But a general conclusion concerning the actual political status of the
Iowa country prior to the organization of the Territory of Wisconsin is
no longer doubtful when to these documentary evidences are added the
sweeping testimony of the early squatters who declare that the only
government and laws they knew or cared anything about in those days were
the organization and rules of the claim club. It is substantially
correct to say; (1) that the Territorial epoch in our history dates from
the fourth day of July, 1836, when Wisconsin was constituted "a separate
Territory," for the purposes of temporary government, and (2) that
our first code or text of fundamental law, that is to say, the first
Constitution of Iowa was "An Act establishing the Territorial Government
of Wisconsin."
As regards this conclusion two criticisms are anticipated. First, it
will be said that since the Territory of Iowa was organized in 1838, the
Territorial epoch in our history could not have begun in 1836. Secondly,
it will be said that an act of Congress providing for and establishing a
Territory is not a Constitution.
Public-domain text, read in full here on John Shaqi.
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