The Arkansas advocate., 1835-08-14

are dependent upon her, and can do DO act calculated tU destroy or disorpanize the government which the superior has estab- lished over them. They are dependent up-
 CT iiliei siiid cannot become independent, nor acqnire the full and sovereign power necessary to the formation of constitution, until granted 10 them by the superior. Judge Patterson, of the u. $. Supreme Coart, in his charge to the jury, in the case of fanhorn's lessee against Dorance, thus describes q constitution: "It Is the form of government delineatad by the mighty haaa of the people, in which certain first princi- pies Of fundamental laws are established. The constitution is certain and fixed. Ii contains the permanent will af the people, and Is ihe supreme law of the land; it is paramount to the law of the legislature, aud can be revoked or altered only by the au- thorlty that nade 1t. V hai are legisia- tues! Creatures of the constitution, they owe their existence to the constitution, as does our legislature to the organic law, and therefore all their neis q.anet he eoasfes4s44bI4 10 4 or poid. 9'he constitution is fte lgork or teN fthe people ihemseines in heif olf- g9nal, sorsreiea and qMli1ited capQcthl. Law is the work or will of tic legislature Ia their deriYatiVg capacity.7 Whenever, then, the parent government grants to tho people of dependency the power to form q eoastitatio3 aiiti erect State Govern ment, they became vested with sovereign and independent power. They. then ean
 make valid constitution and erect a State sovereignty. No action of tIe parent goY- efamcnt IS necessary to give validity t8 eithes nor can she prevent inc organiza- ton of the State under ii. Under the fad- eral constitution the action of Congress is equally indispensable 10 give Territory the power 10 form d constitution and State Government, as 1t is to grant her admission into the Union. They are separate and distinct acts. Without the first, ] Terfita- Y cannot be lawfully erected into an inda- pendent State; and without the second she cannot become member Of tho federal Union. Two States have been admitted into the Union, formed out of the ancient province of Louisiana, and in neither in- stauco was the claim set ID to power 10 form constitution and State Government under the French treaty, or without the aa- thofity of Congress. Under the authority of the act of Congress of the 20th of Feb raafy, 1911, the inhabitants of the Terrrito- " of New Orleans were enabled 10 form a constitution and State Government, and by the act of the 5th of April. 1872, Louisiana was admitted into the Union; and under the authority of the act of Congress of the 9th of March, 1920, the people Of the Mis- soufl Territory were empowered to form constitution and State Government, preba- ratefy 10 theT admission into the Union, and the State of Missouri was admitted by resolution of Congress, on the 2d oi March, 1921. h Iike manner. all the other new States, except Tennessee, have been ad-
 mitted. In 10 instance has the power 10 form a. a.constitution and State Government been usurped by the people of Territory.
 Under the authority of the act of Congress of the 30th of April, 1902. the inhabitants of the eastern division of the North west Territory were authorized 10 form a consti- fution aad State Government, and by tho act oi the I9th Of February, l 803, | portion of this country was admitted into the Union, under the name of the State of Ohio. By the authority of the act of Congress Of the
 18th of April, 1916, the inhabitants of the
 Indiana Territory were authorized to form q Constitution and State Government, and { by a a#resolution of Congress of the 1Ith of
 December, 1915, inc State of Indiana be- came one of the United States. Under the
 authority of the act of Congress of the 1st
 of March, 1917, the people of the Territory ot Mississippi were enabled to form con stl.aton and State Government, and by q resolution of Congress of December, 1877,
 Mississippi was admitted into the Union
 The inhabitants of Illinois Territory were, by the act of Congress of the 18th of April, ISIS. empowered 10 form for themselves q constitution and State Government and the
 State of Illinois vas admitted mic the Union
 by resolution of Congress of inc 3d D6z cember, 1918. Under the authority of the act of Congress of the 2d of March, 1819, the people of the Territory of Alabaina
 were enabled 10 form constitution and
 State Government, and by resolution of the
 l4th December, 1919, the State of Alaba- ma was admitted into the Union. The
 Territory of Michigan IS now, or has been, engaged in forming Constitution and State Government. under the authority of the or dinance of I7s6, organizing the Northwest Territory, and continued in full effect by the act of Congress Of the 7th of August, 1769. in which 1t Is provided, that when any ofthe States ofthe Northwest Territory, !" con- tain population Of sixty thousand free in- habitants, she shall be at liberty to foaa a