in the title of CONSTITUTIONAL LAW, but in other titles, we thought advisable to include for convenience of speedy reference as well to lawyers within as to those without the State. In the latter part of the next volume it is proposed to give a double table of cases, or a table including, in inverse alphabetical order, the names of the defendants as well as the plaintiffs, together with references to the pages of the Digest whereon they are cited and appear, and if space will permit, to give a list of all the attorneys in the State, and the rules of practice prevailing in the supreme court.

In conclusion, we take pleasure in acknowledging the kind and valuable assistance received in the course of the work from John V. Wingate, Esq., and John B. Ennis, Esq., of the Ottumwa bar. Also with pleasure to acknowledge the valuable aid we have received, in the course of our labors, from frequent consultations of the Digests of our predecessors above mentioned.

APRIL, 1874.

THE AUTHORS.

OUTLINE OF THE GOVERNMENTAL AND JUDICIAL HISTORY

OF THE STATE OF IOWA.

While the precise western and northern boundaries of the Territory of Louisiana, at the time of its acquisition by the government of the United States, in 1803, are involved in some obscurity, it has ever been assumed that the present State of Iowa was a portion of said territory.

The "colony or province of Louisiana" was ceded by the first Consul of the French Republic to the United States, by the treaty of Paris of the 30th of April, 1803.*

*TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC.

The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, desiring to remove all source of misunderstanding relative to objects of discussion mentioned in the second and fifth articles of the Convention of the 8th Vendemiaire, an. 9 (30th September, 1800), relative to the rights claimed by the United States, in virtue of the Treaty concluded at Madrid, the 27th October, 1795, between His Catholic Majesty and the said United States, and willing to strengthen the union and friendship which, at the time of the said Convention, was happily re-established between the two nations, have respectfully named their Plenipotentiaries, to wit: the President of the United States of America, by and with the advice and consent of the Senate of the said States, Robert R. Livingston, Minister Plenipotentiary, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary, of the said States, to the government of the French Republic; and the First Consul in the name of the French Republic, the French citizen Barbe Marbois, Minister of the Public Treasury; who, after having respectfully exchanged their full powers, have agreed to the following articles:

ART. 1. WHEREAS, by article the third of the treaty concluded at St. Idlefonso the ninth Vendemiaire, an. 9, (October 1, 1800), between the First Consul of the French Republic and His Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages, on his part, to retrocede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein, relative to His Royal Highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treatise subsequently entered into between Spain and other States." And, whereas, in pursuance of the treaty, and particularly of the third article, the French Republic have an incontestible title to the domain and to the possession of the said territory; the First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the United States, in the name of the French Republic, for ever and in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic in virtue of the above-mentioned treaty concluded with His Catholic Majesty.

ART. 2. In the cession made by the preceding article are included the adjacent islands belong. ing to Louisiana, all public lots and squares, vacant lands, and all public buildings, fortifications, barracks and other edifices, which are not private property. The archives, papers and documents, relative to the domain and sovereignty of Louisiana and its dependencies, will be left in the possession of the Commissaries of the United States, and copies will be afterwards given in due form to the magistrates and municipal officers of such of the said papers and documents as may be necessary to them.

ART. 3. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principle of the Federal Constitution, to the enjoyments of all the rights, advantages, and immunities of citizens of the United States; and, in the mean time, they shall be maintained and protected in the free enjoy ment of their liberty, property, and the religion which they profess.

On the 31st of October, 1803, an act of congress was approved, the purpose of which was "to enable the President of the United States to take possession of the territories ceded by France, to the United States, by the treaty concluded at Paris, on the 30th of April last, and for the temporary government thereof.*

ART. 4. There shall be sent by the government of France a Commissary to Louisiana, to the end that he do every act necessary, as well to receive from the officers of His Catholic Majesty the said country and its dependencies in the name of the French Republic, if it thus has not been already done, as to transmit it in the name of the French Republic to the Commissary or agent of the United States.

ART. 5. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the Commissary of the French Republic shall remit all the military posts of New Orleans and other parts of the ceded territory to the Commissary or Commissaries named by the President to take possession. The troops, whether of France or Spain, who may be there shall cease to occupy any military post from the time of taking possession, and shall be embarked as soon as possible in the course of three months after the ratification of this treaty.

ART. 6. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon. ART. 7. As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations, for a limited time in the country ceded by the present treaty, until general arrangements for the commerce of both nations may be agreed upon, it has been agreed between the contracting parties, that the French ships coming directly from France, or any of her colonies, loaded only with the produce or manufactures of France, or any of her said colonies, and the ships of Spain, coming directly from Spain, or any of her colonies, loaded only with the manufactures of Spain or her colonies, shall be admitted, during the space of twelve years, in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandise, or other greater tonnage, than those paid by the citizens of the United States. During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory. The twelve years shall commence three months after the exchange of ratification, if it shall take place in France, or three months after it shall have been ratified at Paris to the French government, if it shall take place in the United States; it is, however, well understood, that the object of the above article is to favor the manufactures, commerce, freight and navigation of France and Spain, so far as relate to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandise of the United States, or any right they may have to make such regulations.

ART. 8. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favored nations in the ports above mentioned. ART. 9. The particular Convention signed this day by the respective Ministers, having for its object to provide for the payment of the debts due to the citizens of the United States by the French Republic, prior to the 30th September, 1800 (8th Vendemiaire 9), is approved, and to have its execution in the same manner as if it had been inserted in the present Treaty, and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other. Another particular Convention, signed at the same date as the present Treaty, relative to a definitive rule between the contracting parties, is in like manner approved, and will be ratified in the same form and in the same time, and jointly.

ART. 10. The present Treaty shall be ratified in good and due form, and the ratifications shall be exchanged in the space of six months after the date of the signature by the Minister Plenipotentiary, and sooner if possible.

IN FAITH WHEREOF, the respective Plenipotentiaries have signed these articles in the French and English languages, declaring, nevertheless, that the present Treaty was originally agreed to in the French language, and have thereunto put their seals.

Done at Paris, the tenth day of Floreal, in the eleventh year of the French Republic, and the thirtieth of April, 1803. ROBERT R. LIVINGSTON, [L. S. JAMES MONROE, BARBE MARBOIS.

L. S.

[L. S.]

* ACTS OF CONGRESS ORGANIZING THE TERRITORIAL GOVERNMENT. An Act to enable the President of the United States to take possession of the Territories ceded by France to the United States, by the treaty concluded at Paris, on the 30th of April last, and for the temporary government thereof.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: That the President of the United States be, and he is hereby authorized

It was provided by the terms of the act, that until the expiration of the then sitting session of congress, all the military, civil and judicial powers exercised by the officers of the existing government should be vested in such person or persons, and should be exercised in such manner as the President should direct. France surrendered formal possession of the province to the commissioners of the United States on the 20th day of December, 1803.

"An act erecting Louisiana into two territories, and providing for the temporary government thereof," was passed by congress and approved by the President on the 20th of March, 1804. That portion of the territory lying south of the thirty-third degree of north latitude, was, by the terms of the act, organized as the territory of Orleans. The residue of the province was organized as the district of Louisiana.*

to take possession of and occupy the territory ceded by France to the United States, by the treaty concluded at Paris, on the 30th day of April last, between the two nations; and that he may, for that purpose, and in order to maintain in the said territories the authority of the United States, employ any part of the army and navy of the United States, and of the force authorized by an act passed the 3d day of March last, entitled "An act directing a detachment from the militia of the United States, and for erecting certain arsenals," which he may deem necessary; and so much of the sum appropriated by the said act as may be necessary is hereby appropriated for the purpose of carrying this act into effect, to be applied under the direction of the United States.

SEC. 2. And be it further enacted, That until the expiration of the present session of congress, unless provision for the temporary government of the said territories be sooner made by congress, all the military, civil, and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person and persons, and shall be exercised in such manner as the President of the United States shall direct, for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion. Approved October 31, 1803.

* AN ACT ERECTING LOUISIANA INTO TWO TERRITORIES, AND PROVIDING FOR THE TEMPORARY GOVERNMENT THEREOF.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: That all that portion of country ceded by France to the United States, under the name of Louisiana, which lies south of the Mississippi territory, and of an east and west line to commence on the Mississippi, at the thirty-third degree of north latitude, and to extend west to the western boundary of the said cession, shall constitute a territory of the United States, under the name of the Territory of Orleans; the government whereof shall be organized and administered as follows:

(Sections 1 to 11 relate exclusively to the territory of Orleans.)

SEC. 12. The residue of the province of Louisiana, ceded to the United States, shall be called the district of Louisiana, the government whereof shall be organized and administered as follows:

The executive power now vested in the governor of the Indiana territory shall extend to and be exercised in the said district of Louisiana. The governor and judges of the Indiana territory shall have power to establish in the said district of Louisiana, inferior courts, and prescribe their jurisdiction and duties, and to make all laws which they may deem conducive to the good government of the inhabitants thereof; provided, however, that no law shall be valid which is inconsistent with the constitution and laws of the United States, or which shall lay any person under restraint or disability on account of his religious opinions, profession or worship; in all of which he shall be free to maintain his own, and not burdened for those of another. And provided also, that in all criminal prosecutions, the trial shall be by a jury of twelve good and lawful men of the vicinage, and in all civil cases of the value of $100, the trial shall be by jury, if either of the parties require it. The judges of the Indiana territory, or any two of them, shall hold annually two courts within the said district at such place as will be most convenient to the inhabitants thereof in general, shall possess the same jurisdiction they now possess in the Indiana territory, and shall continue in session until all the business depending before them shall be disposed of. It shall be the duty of the secretary of the Indiana territory to record and preserve all the papers and proceedings of the governor, of an executive nature, relative to the district of Louisiana, and transmit authentic copies thereof, every six months, to the President of the United States. The governor shall publish throughout the said district all the laws which may be made as aforesaid, and shall, from time to time, report the same to the President of the United States to be laid before congress, which, if disproved of by congress, shall thenceforth cease, and be of no effect.