IOWA.

Iowa was included in the Louisiana purchase from France, April 30, 1803, and upon the formation of the Territory of Orleans, March 26, 1804, it remained in that portion designated as the "District of Louisiana," which was then temporarily attached to Indiana Territory. On the 3d of March in the year following, it was formed into a separate provisional government, as the "Territory of Louisiana." On the formation of the "State of Louisiana" in 1812, the name of this territory was changed (June 4) into that of the "Territory of Missouri." On the 6th of March, 1820, the State of Missouri was authorized to be formed, and the remainder of the territory was left without special provisions for its government.

The region bounded east by the Mississippi river, south by the State of Missouri, and west by the Missouri and White Earth rivers, was attached, June 28, 1834, to Michigan Territory. On the formation of Wisconsin Territory, April 20, 1836, its boundaries included all that portion above described, lying west of the Mississippi. This arrangement was regarded as only temporary; and on the 19th of December of the same year, a resolution passed the House of Representatives, directing the Committee on Territories to inquire into the expediency of erecting a new territory out of the southern portion of the then Territory of Wisconsin. This committee, after investigating the subject, reported a resolution to that effect, which passed the House December 14, 1837. Memorials and petitions from the people, and from the Wisconsin Territorial Legislature, were presented for this purpose in both Houses of Congress; and on the 12th of June, 1838, a bill was approved, which took effect from and after July 3 of that year, for the formation of the Territory of Iowa, to include that part of Wisconsin Territory west of the Mississippi, between the State of Missouri and the northern boundary of the United States.

The eastern boundary of the Territory was fixed by an act of March 3, 1839, as the middle of the channel of the Mississippi river. On the south, its boundary with Missouri was for a time in dispute, and became the subject of many reports and much discussion. It was finally referred to the Supreme Court of the United States for decision. At the January term in 1849, a decision was made, by adopting the old Indian boundary line surveyed by Commissioners in 1816, under a treaty with the Osage tribe. This began on the meridian of the mouth of the Kansas river, one hundred miles north of that point, and run slightly north of east to the Des Moines river; and was intermediate between the lines claimed respectively by the two States.1 The court appointed Commissioners to run and inark this line, and their report was confirmed December, 1850.*

A bill to enable the people of Iowa to form a State government was reported by the Committee on Territories in the House of Representatives on the 5th of March, 1840, and again April 2, 1844; but in neither case did it lead to the passage of an enabling act by Congress. The population of the Territory had in 1844 reached 81,920, and the Territorial Legislature, believing that they were justly entitled to the right, by virtue of the treaty of cession under which Louisiana had been transferred, which stipulated that "the inhabitants of the ceded territory shall be incorporated in the union of the United States, and

1 Missouri v. Iowa, 7 How. GGO.

S. C., 10 How. 1.

admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States," proceeded to call a Convention for preparing a Constitution. It met at Iowa City on the 7th of October, and on the 1st of November, 1844, agreed upon a Constitution, which proposed to include within the boundaries of the State a more extensive territory than the present. The north-western line was to extend from the mouth of the Big Sioux or Calumet river, to St. Peter's river, where the Watonwan river (according to Nicollet's map) enters the same: thence down the main channel of said river to the Mississippi, including within the proposed limits some of the richest portions of the present State of Minnesota.

On the 9th of December, 1844, a memorial of the Convention, and a copy of the proposed Constitution, was received in the Senate, and on the 12th in the House of Representatives. A bill was passed March 3, 1845, consenting to the admission of Iowa as a State, but reducing very materially the boundaries on the north and west. By this act it was proposed to limit the State on the north by a parallel of latitude passing through the mouth of the Mankato or Blue Earth river, and on the west by the meridian of 17° 30′ west from Washington. While this boundary extended about forty-five miles further north than the present limit of the State, it cut off a very large area on the west. The proposition was so distasteful to the people that it was rejected at a popular election which was required to be held under the act, ard the project of admission for the time failed. The vote was 7,235 for, and 7,656 against. On the 4th of August, Congress defined the northern boundary of the State as the line of 43° 30′ north latitude, and its western, the Missouri and Big Sioux rivers. A second Constitutional Convention, called by the Territorial Legislature, which met at Iowa City May 4th, agreed upon a Constitution May 18, and adjourned May 19, 1846. The Constitution adopted by this Convention was sanctioned by the people, at an election held on the 3d of August, by a vote of 9,492 to 9,036. The State was admitted into the Union by an act of Congress, approved December 8, 1846.

Certain propositions that had been made in 1845, relative to grants of land for public purposes, the reservation of salt springs and the application of certain moneys to public improvements, were accepted by an act of the General Assembly of the State of Iowa, January 15, 1849.

The question of amending this Constitution was agitated several years, a large class of the people being anxious to repeal the restrictions upon banking, and to make certain changes in relation to the election of Judges of the Supreme Court, etc. Finally, on the 24th of January, 1855, the Legislature of Iowa passed an act submitting to the people the question of calling a Convention, which was sanctioned, and an election of delegates was held in November, 1856. The Convention met in Iowa city January 19, 1857, and on the 5th of March agreed upon the present Constitution, which was ratified on the 3d of August, 1857, by a vote of 40,311 to 38,681. It was declared adopted by a proclamation of the Governor, September 3, 1857.

The word "white" was stricken out of Articles II, III and VI, where it had been used in defining the qualifications of electors, the basis of representation, and the obligation of militia duty, by an act of the Legislature in 1867 and 1868, voted upon by the people, and officially proclaimed by the Governor. The vote upon this question was 105,384 for striking out, and 81,384 against.

As required by Article X, section 3, the question of calling a Convention to revise the Constitution was submitted to the voters at the general election in October, 1870, and the returns showed a majority largely against that measure.

paid.

6. Repeal of law creating debts not allowed until debts are paid.

7. Laws for taxes to state the object.

ARTICLE VIII. Corporations.

1. Corporations not to be formed by special laws.

2. Property to be taxed.

3. State not to become a stockholder.

SECTIONS.

9. Liability of bank stockholders. 10. Bill holders to have preference in case of insolvency.

11. Suspension of specie payments not allowed. 12. Repeal of laws relating to corporations.

ARTICLE IX. · Education and Schools. 1st. EDUCATION.

1. To be under Board of Education - how formed.

2. Qualification of members.

3. Chosen by districts-term - classes.

4. Sessions of Board of Education.

5. Limit of sessions-extra sessions.

6. Secretary - journal.

7. Rules and regulations to be published.

8. To legislate upon schools and other educational institutions.

9. Governor to be member of Board. 10. Power to levy taxes-expenses. 11. State University - funds.

12. Education-schools to be kept - failure to incur forfeiture.

13. Pay of members of Board.

14. Quorum -yeas and nays-style of acts. 15. Board may be abolished after 1863.

2d. SCHOOL FUND AND SCHOOL LANDS. 1. To be under control of General Assembly. 2. University funds.

3. Promotion of intellectual, scientific, moral and agricultural improvements-grants from Congress.

4. Funds applicable to schools.

- improvement of funds.
6. Financial agents of school funds.
7. Distribution of school moneys.

repealed.

3. Continuance of suits and other proceedings.

4. Fines, penalties and forfeitures due.

5. Bonds to remain in force.

6. First election-officers to be then elected.

7. First clection of State officers.

8. First election of Judges and county officers.

9. First session of General Assembly.

10. Term of Senators first elected.

11. Officers to continue until terms expire-but not beyond term of office.

4. Political or municipal corporations not to 12. Formation of Judicial Districts.

become bank stockholders.

5. Banking laws, how passed.

6. State bank may be established.

7. To be founded on an actual specie basis.

8. Conditions of a general banking law.

13. Constitution to be submitted to vote of
people return of election.

14. Questions to be separately submitted.
15. County of Mills to be in Sixth Judicial

District.

PREAMBLE.

We, the people of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

Beginning in the middle of the main channel of the Mississippi river, at a point due east of the middle of the mouth of the main channel of the Des Moines river; thence up the middle of the main channel of the said Des Moines river, to a point on said river where the northern boundary line of the State of Missouri- as established by the Constitution of that State, adopted June 12, 1820-crosses the said middle of the main channel of the said Des Moines river; thence westwardly along the said northern boundary line of the State of Missouri, as established at the time aforesaid, until an extension of said line intersects the middle of the main channel of the Missouri river; thence up the middle of the main channel of the said Missouri river to a point opposite the middle of the main channel of the Big Sioux river, according to Nicollett's map; thence up the main channel of the said Big Sioux river, according to said map, until it is intersected by the parallel of forty-three degrees and thirty minutes north latitade; thence east along said parallel of forty-three degrees and thirty minutes until said parallel intersects the middle of the main channel of the Mississippi river; thence down the middle of the main channel of the said Mississippi river to the place of beginning.

ARTICLE I.

BILL OF RIGHTS.

SECTION 1. All men are, by nature, free and equal, and have certain unalienable rights-among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

§ 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same whenever the public good may require it.

§ 3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister or ministry.