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pendent government. But after several orators present had successively mounted the head of a whiskey barrel, and exhausted their eloquence in debating the question, the interested squatter-residents became convinced that the reservation was still within the jurisdiction of the government of the United States and that they still owed it their allegiance.

QUESTIONS AND TOPICS.

1. What is a tribe of Indians? Why are they called original people ?

2. What are the characteristics of government among the Indians ?

3. What is a treaty? In what way did the United States deal with the Indians ? Why were the guarantees of the Government not kept?

4. What was the Northwest Territory? What were the special points in its organization worthy of special remembrance ?

5. What is meant by the phrase o tenants in common?

Why was there so much difficulty concerning the Half-breed Tract? Why did it become afterward such a political factor ?

CHAPTER III

IOWA TERRITORY: 1838–1840 16. The Organic Act.-On the 12th of June, 1838, Congress passed an act providing “that from and after the 3d. day of July next, all that part of the Territory of Wisconsin that lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the territorial line, was for temporary purposes constituted a separate Territorial government and called Iowa." Provision was made for the President of the United States, by and with the advice of the Senate, to appoint a governor, a secretary, a chief justice, two associate justices, a United States attorney, and a marshal, to take charge of this new Territory and see that law and order prevailed within its borders. This act appropriated $5,000 for a public library and $20,ooo for the erection of public buildings.

17. The Power of the Governor.—The governor was appointed for three years, and the other officers

The governor was required to reside in the Territory, was commander-in-chief of the militia, and was required to perform the duties of superintendent of Indian affairs—not a small task at that time. All laws passed by the legislature were to be approved by him before they should take effect, and he was invested with the power to grant pardons for all offences that were committed under Territorial law.

for four years.

He was also granted large discretion and authority in the determining of local officers, as the organic act states, he was to “nominate, and by and with the advice and consent of the legislative council, appoint all judicial officers, justices of the peace, sheriffs, and all militia officers except those of the staff, and all civil officers not provided for by the organic act.

18. The Judicial Power.—It was also provided that the Territory should be divided into three judicial districts, and the governor had the right to define the judicial districts of the Territory, and assign the judges appointed to the several districts of the Territory, and appoint the time for holding courts in the several counties, until otherwise provided by the legislature. Each judge was required to live in and hold the courts of his own district, and the three judges were required to meet at the seat of government once a year and together hold a supreme court. This act also provided for a Territorial legislature consisting of a council and a house of representatives, the former consisting of thirteen and the latter of twenty-six members, elected by the people.

19. The First Governor.–Robert Lucas, formerly Governor of Ohio, was selected by the President to be the first chief executive and undertake all these many duties. He proved to be a very wise selection, and used his power, so liberally conferred, with good judgment and with benefit to the future commonwealth. He at once caused a census to be taken, apportioned the members of the legislature between the counties and issued a proclamation for an election of delegates to Congress and members of the legislature.

He established the temporary seat of Territorial government at Burlington, and convened there the first Legislature of Iowa on the 12th of November, 1838.

The patronage of the governor at the first organization of the Territory was very large, and he was thus enabled to exert a great influence in public afairs. It was very

fortunate that a man of such character, wisdom, and good intentions was appointed to this important office, but it was inevitable

that very soon such ROBERT LUCAS.

power would be resisted and a change demanded that would reduce the governor's office to executive duties, and leave to the people the selection of all their rulers, great and small.

20. The First Legislature.—The first legislature was mostly composed of young, enterprising men, many of them afterwards becoming prominent people in the history of the State; but, as it happened, their principal business consisted in controversy with the Governor and the other officers appointed by the United States government. The first legislative acts were the granting of charters to the cities of Davenport and Muscatine, and the giving away of many exclusive privileges to private individuals. Some of

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these privileges afterward became very profitable to the proprietors, and likewise very onerous and injurious to the people. This was particularly true with ferry charters, which gave authority and control to private individuals to such an extent as to be the source of much complaint and not a little politics. This Legislature also provided for the erection of a penitentiary at Fort Madison, and a Capitol building to be located in Johnson county on a suitable site to be selected by three commissioners appointed by the legislature. This place, when selected, surveyed, and platted, was to be called Iowa City, and was to be the permanent capital.

21. Controversy with the Governor.—This first Legislature very bitterly disagreed with the governor respecting the meaning of the organic act, which defined the respective powers of the governor and the legislature. This disagreement was much intensified by some trifling and witty communications made by the secretary of the Territory in reply to a request of the legislature for certain stationery and other supplies that the members deemed necessary for the transaction of the regular official business of the session. As a consequence of these differences of opinion as to the legal prerogatives of the executive and the legislative departments, the Governor became prejudiced in feeling and was less disposed to yield his official opinion as to authority and rights than he otherwise would have been, and hence very little effective business was possible, since controversy absorbed the time and attention of the members. The Governor's veto being absolute, he used it so effect

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