Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-03-18

~ south of the Ohio. Before the cessiOn of
this territory the people had been promised
representation in congress. How to fulfill
this promise and not violate the constltu.
tion in so doing was the problem for con-
sideration. Ia the debate that ensued Mr..
Swift said that the constitution had made
no provision for such q member as this per.
son was intended to be; that if they could
admit y delegate to congress they might
with equal propriety admit q stranger from
any quarter Of the world; that they might
as we'll admit the gallery or q foreign min
lister as this person from the southwest ter
ritory. Mr.. Smith thought the gentleman
fully qualified to take his seat in the house,
but that it might be q question whether he
was to be dismissed when the galleries
expediency, thought the delegate ought to
had q right to consult or admit to the privi-
lege of debating any individual whom they
thought proper, but that was an entirely
different matter from allowing him 20 vote
on the question before the house. Mr.. Muir
ray suggested that the delegate might be
permitted to have a seat in both house and
senate. Mr.. Boudinot said there was no
p~retense for his admission among the req
resentatives of the people. Mr.. Baldwin
thought that when a member was permitted
to speak but forbidden to vote, his situation
was higher than that of strangers in the
gallery or of an advocate allowed to plead
at the bar of the house, or of a printer who
came only to take notes, but fell far short
of the situation Of a member of congress.
He could sec nothing in the new constitu-
ton that required the exclusion of the dele
gate from the territory southwest of the
Ohio. This privilege had been solemnly
promised upon three different occasions.
Mr.. Swift said it would be better to erect
these people into a new state and then the
privilege would be Of some use to them
He was still OF the opinion that the consti-
tuition admitted no such delegate as this
person was intended to be. He was a new
kind of character, unknown to it. He was
SUI generis. If demonstration knows INV.
thing about him, then take him; if not re.
iect him. To admit a person within the
bar for the purpose of consulting him was
quite q different thing from permitting the
gallery, like this person, to come and take
q permanent seat among the members for
the purpose of regularly debating.
A resolution was then adopted, admitting
Mr.. White to a seat in the house as as dele
gate from the territory of the United States
south of tine river Ohio, with a right of de-
batting, but not of voting, the members
being chiefly induced to this action by the
fact that representation bad been promised
these people before the territory was coded
to the United States by the state. But rep
resentation being impossible under the con-
stitution, the delegate was given a seat and
deprived of a vote.
The question then rose as TO whether the
delegate should take an oath as q member.
Mr.. Madison said the delegate was not a
member Of congress, and so could not be
directed to take an oath unless he choose to
do so voluntarily. Mr.. Swift and Mr.. Giles
agreed with Mr.. Madison. Mr.. Lyman was
for administering the oath, Mr.. Dayton op-
posed it. He said call him what you will, a
member, a delegate, or if you please a non
descript. 1t would be wrong to accept an
an oath even if he should offer it. He was
not q member. He could not vote, which
was the essential part. He might argue AID
SO influence the house; and SO could a
q printer in q newspaper. Mr.. Boundinot
thought it q strange thing to have q gentle.
man there arguing who was not bound by
an oath. And thus Mr.. White was admitted
as a delegate.
Under our system Of government repre-
sentation, the right of the people to make
the laws is the parent of the right of taxa
ton. This is the American idea. For this
our fathers fought, for this they achieved
their independence, for this they planted .
Taxation and representation go
hand in hand. But this fundamental prin-
ciple is denied to the people of the terrific
While they are taxed by the general
government in the same way as the people
Of the states, they are deprived of represen-
tation in congress. Their delegate is an
officer unknown to the constitution. The
of the admission of the first dele
gate shows that his position was looked
upon as one to which no dignity of impor-
attached, and it is still regarded as
The same way. He is the mere shadow of
representation. He is entirely without
power. He has no vote. He occupies bis
'eat as a mere matter of grace, as the laws
his voice is silent. In the act of represent
ing his people he is "as idle as a painted
,hip upon q painted ocean," He is not a
of the house. When first admitted
the members knew not what to call
him or how to designate his official posi-.
ion. He held an Office to which no duties
He was admitted to his seat as a
mere spectator after having been. deprived
If all power. Nc wonder he wss called
'nondescript," since he held an Office with.
,ut q name of duties, and was called upon
o represent his people after being robbed
If the only instrument and weapon OF re-
presentations vote in congress The
,n]y privilege be has is that of q beggar.
He may humbly supplicate the power that
holds the destiny of the territories within
Ito all-powerful grasp, TO bestow upon his
people those common rights that belong to
very American citizen. And this is all
he is utterly powerless to enforce or to
protect any Of those rights.
2. Deprived of representation in con-
yress the people of the territories are like
wise forbidden the privilege Of e%lecting
heir own local officers. They can pay
axes, but they can not vote to choose their
own rulers. For the purpose Of helping to
bear the burdens Of government they are
full-grown men and citizens but for the
of enjoying its rights and priyi.
leges, they are puny children, incapable of
care Of themselves. And 80 the
president and congress become their guar
dams, and furnish them officers ready. made,
Q n.resident strangers, having NO property
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