, the propriety of referring to the
Organic Act of a Territory as a Constitution is questioned. It is true
that the act establishing the Territorial government of Wisconsin was
not drawn up by the people of the Territory. It was not even submitted
to them for ratification. Handed down to them by Congress, in the form
of an ordinary statute, it was a pure product of legislation. It did not
even have the label "Constitution," or "Fundamental Compact," or
"Organic Law." Nevertheless, this instrument was a veritable
Constitution, since it was a written body of fundamental law in
accordance with which the government of the Territory was instituted and
administered. It was supreme, serving as the absolute rule of action for
all departments and officers of the Territorial government. The courts
always took this view of the Organic Act, and refused to enforce acts
which were clearly in opposition to its provisions.

VI

THE TERRITORY OF IOWA

In the year 1836 there was printed and published at Philadelphia a small
book bearing on its title-page these words:

NOTES ON
WISCONSIN TERRITORY,
WITH A MAP.

BY
LIEUTENANT ALBERT M. LEA,
UNITED STATES DRAGOONS.

PHILADELPHIA.
HENRY S. TANNER--SHAKESPEAR BUILDING.
1836.

The significance of this little volume lies in the fact that through it
the country destined to give birth to "the only free child of the
Missouri Compromise" was christened IOWA. Lieutenant Lea was familiar
with the country described in his "Notes." He had traveled through it,
had seen its beautiful prairies, had met its inhabitants face to face,
and had enjoyed their frontier hospitality. He must have been deeply
impressed by the Iowa river and its name. Referring to the country west
of the Mississippi river he says: "The District under review has been
often called 'Scott's Purchase,' and it is sometimes called the
'Black-Hawk Purchase'; but from the extent and beauty of the Iowa river
which runs centrally through the District, and gives character to most
of it, the name of that stream, being both euphonous and appropriate,
has been given to the District itself."

The Iowa District was likely to become a separate Territory at an early
day, since all indications pointed in the direction of a division of the
Territory of Wisconsin. First, the geographical area of the Territory as
designated in the Organic Act was sufficient for three or four ordinary
Commonwealths. Secondly, t