of the Territory of Wisconsin within which the Iowa
District is by law included."

But a general conclusion concerning the actual political status of the
Iowa country prior to the organization of the Territory of Wisconsin is
no longer doubtful when to these documentary evidences are added the
sweeping testimony of the early squatters who declare that the only
government and laws they knew or cared anything about in those days were
the organization and rules of the claim club. It is substantially
correct to say; (1) that the Territorial epoch in our history dates from
the fourth day of July, 1836, when Wisconsin was constituted "a separate
Territory," for the purposes of temporary government, and (2) that
our first code or text of fundamental law, that is to say, the first
Constitution of Iowa was "An Act establishing the Territorial Government
of Wisconsin."

As regards this conclusion two criticisms are anticipated. First, it
will be said that since the Territory of Iowa was organized in 1838, the
Territorial epoch in our history could not have begun in 1836. Secondly,
it will be said that an act of Congress providing for and establishing a
Territory is not a Constitution.

The answer to the first criticism lies in the fact that the Iowa country
was not an outlying district attached to the Territory of Wisconsin, but
really formed a constituent part thereof. The area of Wisconsin
Territory west of the Mississippi was far more extensive than the
area of the same Territory east of the river. In population the two
areas were nearly equal; but the west tended to increase more rapidly
than the east. The importance of the west is further evidenced by the
removal of the Capital after the first session of the Legislative
Assembly from Belmont in eastern Wisconsin to Burlington in western
Wisconsin. The constitutional history of Wisconsin up to the division of
the Territory in 1838 is, therefore, clearly a part of the Territorial
history of Iowa. The assignment of the old name "Wisconsin" to the
country east of the Mississippi and of the new name "Iowa" to the
country west of that river in 1838, when the Territory of Wisconsin was
divided, did _not give rise_ to Territorial government among our people.
The act of Congress of June 12, 1838, provided for the division of
an existing Territory and the _continuation_ of Territorial government
in the western part thereof under the name Iowa.

When, however, all this is conceded