History of the Constitutions of IowaShambaugh, Benjamin Franklin
History
History of the Constitutions of Iowa
Shambaugh, Benjamin Franklin
Constitutional history -- Iowa; Constitutions -- Iowa
These words are more than formal expressions of great principles; they
are ennobling. But to read farther, that religion, morality, and
knowledge are necessary to good government and the happiness of mankind,
and that there shall be neither slavery nor involuntary servitude in the
said Territory, is to inspire reverence. Such, indeed, are the
"liberties we prize" and the "rights we will maintain."
The judicial power of the Territory was vested by the Constitution in
"a Supreme Court, district courts, probate courts, and in justices of
the peace." The Supreme Court consisted of a Chief Justice and two
associate justices. They were appointed by the President for a period
of four years, and were required to hold a term of court annually at
the seat of government. The Constitution further directed (_a_) that
the Territory be divided into three judicial districts, (_b_) that a
district court or courts be held in each of the three districts by one
of the judges of the Supreme Court, and (_c_) that the said judges
reside in the districts respectively assigned to them.
The courts of the Territory of Iowa were "legislative courts," that is,
courts created by Congressional legislation. The extent of their
jurisdiction was much greater than that of State courts, since by the
Organic Act they were empowered to exercise the customary jurisdiction
of both State and Federal courts.
In addition to those already mentioned, the Constitution provided for
two other prominent Territorial officers, namely, a Marshal and an
Attorney. Both were appointed by the President of the United States for
a term of four years.
At the National Capital the Territory was represented by a Delegate who
was elected by the people for a term of two years. The Delegate was
entitled to a seat in the House of Representatives where he could
participate in debate but was not allowed a vote.
One of the most significant sections of the Constitution is the fifth.
It provides "that every free white male citizen of the United States,
above the age of twenty-one years, who shall have been an inhabitant of
said Territory at the time of its organization, shall be entitled to
vote at the first election, and shall be eligible to any office
within the said Territory." Thereafter the suffrage qualifications were
to be determined by the Legislative Assembly; "_Provided_, That the
right of suffrage shall be exercised only by citizens of the United
States."
Public-domain text, read in full here on John Shaqi.
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