of a proportionate representation of the
people in the legislature, and of judicial proceedings according
to the course of the common law. All persons shall be bailable, unless
for capital offences, where the proof shall be evident, or the
presumption great. All fines shall be moderate; and no cruel or unusual
punishments shall be inflicted. No man shall be deprived of his liberty
or property, but by the judgment of his peers, or the law of the land,
and should the public exigencies make it necessary, for the common
preservation, to take any person's property, or to demand his particular
services, full compensation shall be made for the same. And in the just
preservation of rights and property, it is understood and declared, that
no law ought ever to be made, or have force in the said territory, that
shall, in any manner whatever, interfere with, or affect private
contracts or engagements, _bona fide_, and without fraud
previously formed."

These words are more than formal expressions of great principles; they
are ennobling. But to read farther, that religion, morality, and
knowledge are necessary to good government and the happiness of mankind,
and that there shall be neither slavery nor involuntary servitude in the
said Territory, is to inspire reverence. Such, indeed, are the
"liberties we prize" and the "rights we will maintain."

The judicial power of the Territory was vested by the Constitution in
"a Supreme Court, district courts, probate courts, and in justices of
the peace." The Supreme Court consisted of a Chief Justice and two
associate justices. They were appointed by the President for a period
of four years, and were required to hold a term of court annually at
the seat of government. The Constitution further directed (_a_) that
the Territory be divided into three judicial districts, (_b_) that a
district court or courts be held in each of the three districts by one
of the judges of the Supreme Court, and (_c_) that the said judges
reside in the districts respectively assigned to them.

The courts of the Territory of Iowa were "legislative courts," that is,
courts created by Congressional legislation. The extent of their
jurisdiction was much greater than that of State courts, since by the
Organic Act they were empowered to exercise the customary jurisdiction
of both State and Federal courts.

In addition to those already mentioned, the Constitution provided for
two other prominent Territorial officers