History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
The Territorial Bill of Rights as set forth in the Constitution is
exceedingly brief--perhaps the shortest Bill of Rights on record. It
consists of a single sentence and reads as follows: "The inhabitants
of the said Territory shall be entitled to all the rights, privileges
and immunities heretofore granted and secured to the Territory of
Wisconsin and to its inhabitants." On its face this guarantee of the
fundamental rights of man and of the citizen seems vague and
unsatisfactory. But it is, nevertheless, large in implication. If we
turn to the Constitution of the Territory of Wisconsin to see what
rights, privileges, and immunities were therein guaranteed, we find
"that the inhabitants of the said Territory shall be entitled to, and
enjoy, all and singular the rights, privileges, and advantages,
granted and secured to the people of the Territory of the United
States northwest of the river Ohio, by the articles of the compact
contained in the ordinance for the Government of the said Territory,
passed on the thirteenth day of July, one thousand seven hundred and
eighty-seven; and shall be subject to all the conditions and
restrictions and prohibitions in said articles of compact imposed upon
the people of the said Territory." In other words, the provisions of
the Ordinance of 1787 are by implication made a part of the
Constitution of the Territory of Iowa. Thus the people of Iowa
inherited through the Territorial Constitutions of 1836 and 1838 the
political principles of the great Ordinance of 1787 as a Bill of
Rights.
Great was the legacy. Mark the classical expression of that instrument
in enumerating the immemorial rights, privileges, and principles of
Anglo-Saxon polity. "No person demeaning himself in a peaceable and
orderly manner, shall ever be molested on account of his mode of worship
or religious sentiments . . . . The inhabitants of the said Territory
shall always be entitled to the benefits of the writ of _habeas corpus_,
and of the trial by jury; of a proportionate representation of the
people in the legislature, and of judicial proceedings according
to the course of the common law. All persons shall be bailable, unless
for capital offences, where the proof shall be evident, or the
presumption great. All fines shall be moderate; and no cruel or unusual
punishments shall be inflicted. No man shall be deprived of his liberty
or property, but by the judgment of his peers, or the law of the land,
and should the public exigencies make it necessary, for the common
preservation, to take any person's property, or to demand his particular
services, full compensation shall be made for the same. And in the just
preservation of rights and property, it is understood and declared, that
no law ought ever to be made, or have force in the said territory, that
shall, in any manner whatever, interfere with, or affect private
contracts or engagements, _bona fide_, and without fraud
previously formed."
Public-domain text, read in full here on John Shaqi.
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