of the Dakotas, was organized into a new Territory under the name of Wisconsin.

IO. Made an Independent Territory. (1838)— Two years later, July 3, 1838, all that part of the then Territory of Wisconsin lying west of the Mississippi River was erected into an independent Territory under the name of Iowa.

II. Admitted to the Union. (1846) — Having rapidly increased in population, the Territory applied for admission to the Union; and, after considerable controversy as to the boundaries of the proposed State, its admission was perfected December 28, 1846. The boundaries of the State, as finally settled, will be found described in the preamble of the Constitution (2).

CHAPTER III

DEVELOPMENT OF THE CONSTITUTION

1. State Constitutions not Uniform-While all States conform to the general requirements of a republican form of government, they differ widely in the management and administration of public affairs. For example, every State has its governor and other executive officers, but in no two States do these officers exercise exactly the same powers or perform exactly the same duties; all States have legislatures, but each State, by its constitution, has placed its own peculiar limitations and restrictions upon the legislatiye power; and, while all have judicial systems, in no two

States are the courts arranged upon the same plan or given precisely the same jurisdiction.

2. Varieties of Local Government-So, also, there is great lack of uniformity in the method by which the various States provide for local, or neighborhood government. In the New England States, local government is exercised almost exclusively by the voters of the several towns or townships assembled in annual mass- or townmeetings; while in the Southern States township government is unknown. Again, in some States county government is vested in a board of supervisors having many members, organized and acting with much of the formality of higher legislative bodies, while in others it is entrusted to a board of three commissioners, and in still others to a single county judge. These are but a few of the many features of variance between the state governments, but they are sufficient to illustrate the point made in the following paragraphs.

3. Early Settlement-No permanent white settlement having been effected in Iowa until about the year 1833, the nations and the territorial governments exercising nominal sway over it prior to that time have left none of their peculiarities impressed upon its constitution or laws. After 1833, settlement was rapidly augmented by immigration from nearly every State in the Union; but among these pioneers, the natives of New England, the Middle States, and Kentucky largely predominated.

4. Their Influence-These founders and build

ers of the commonwealth, coming, as we have seen, from widely separated States differing in constitutions, laws, and customs, were naturally inclined to model the new State and its institutions upon those under which they had been reared, with the result that the Iowa system is in many respects a conglomerate of features and principles borrowed from many sources, with such modifications and additions as the peculiarities of the situation seemed to render expedient.

5. Value of the Work Accomplished-This fact does not detract anything from the credit due to those who performed this important work. A constitution, law, or system made by judicious selection from others which have been put to the test of actual experiment may easily be an improvement upon all its models; and now, after fifty years of statehood, Iowa stands second to none in the efficiency and success of her government, or in the contentment and prosperity of her people.

CHAPTER IV

RELATION OF THE STATE AND NATION

I. The General Government-It is assumed that the student entering upon the study of these chapters has already made himself familiar with the principles of the government of the United States. If so, he has learned that the Federal Constitution is a written charter setting forth the authority conferred upon the general government by

the people. The nation has no rightful power and can exercise no rightful authority of any kind, for which there is not express or implied warrant in the national Constitution.

2. The State Government-The office of a State constitution is different. It does not undertake so much to provide what the State government may do, as to enumerate the things which it may not do, and the rights of the people which it may not limit or destroy.

3. Difference in Legislative Power-In legislative, or law-making power the difference between State and nation may be stated thus: The Congress of the United States can enact only such laws as are expressly or impliedly authorized by the national Constitution, while the State legislature can enact any law which is not expressly or impliedly forbidden by the national or State constitution. In other words, the nation can exercise only such powers as have been granted to it by the people, while the State may exercise all powers not withheld or forbidden by the people. A little reflection will make plain this very wide distinction between national and State jurisdiction.

4. National Supremacy - In considering the great power exercised by the several States, the student should avoid the mistake of undervaluing the authority of the general government. Within the limit of its constitutional powers, it is supreme over all the States. It is the embodiment of national authority as distinguished from

the local self-government of the several States. Through it alone we deal with foreign powers; by it we are known to the world as one great nation, and, in so far as the national integrity, safety, and credit are concerned, its claim to the allegiance and obedience of every citizen cannot be rightfully questioned.

5. State Supremacy-The national government does not, however, undertake to protect the lives, persons, or property of the citizens of the several States, except against foreign invasion and domestic insurrection. This duty and all others of a local character, the regulation of all commerce within the State, the preservation of public peace and order, and numberless other subjects of legislation which most nearly touch the people in their every-day lives, are left to the States exclusively.

CHAPTER V

CONSTITUTION AIDED BY STATUTES

I. Constitution an Outline-It will be noticed. by the careful reader that in most respects the Constitution is a mere outline or statement of general rules and principles, and makes little if any attempt to describe the details of government, or give minute directions as to the administration of public affairs. These things have been wisely left to the legislature to regulate by appropriate laws, as changing circumstances may, from time to time, render expedient.