The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1883-09-22

| hay
| gone 20 the penteuuary
There was hearty laughter The report. A,
! adopted, not only does away with the grant
| lu'y, but gives defendant privilege OF waiv
| ing trial by! ury IN criminal cases,
SIOUX FALLS. Special Telegram, Sept. H.
report has been prepared by the judiciary
| committee on the preamble to tho constitution,
| and 1t will hkey come before the convention
| tomorrow The report made several days
ago by the committee Oh preamble 10 the CON
stitution was found - be unsatisfactory, the
preamble involving, as it does, several legal
points, and il was referred TO tho iudicary
The judiciary report viii be introduced by
some argument from the COM m'attee, giving
the scope Of the claims OF the people OF South
Dakota to ftatehood, and it is probable that
the argument will be adopted by the conveu-
ton, with instructions 10 submit il to congress
at the time The constitution is presented for
ratification. The report Of the committee il
ar follows:
i is clear that the United States government in
the treaty Of cession by France Of The province Of
Louisiana, Of which this territory formed a part
agreed az a condition uf such Cession that il would
admit and Incorporate into the union OF the United
states according 10 the priaciple OF the federal
constitution the inhabitants Of the coded territory
ana permit them to enjoy all the rights, advantages
and immuDities OF the citizens OF the United
States Under the condition OF this cession and in
accordance with the views OF some OF the ablest
public men Of this country, several Stats have al
ready been admitted into tue Union after sharp
discussion of the effect II this treaty by the COM
PACT contained IN The ordinance OF congress Of July
IL 1887. and The act and deed Of the cessou Of
virginia. u was expressly agreed "a among the
rights and privileges thereby secured TO inhah-
iiants northwest of the River Ohio,
hat fha aid
divided into States of reasonable area
and that whenever any Of the said States should
have 10000 free inhabitants therein. such State
should be admitted by It's delegate into The congress-
Of the United States on an equal fooring with the
original States IL all respects whatsoever, and
should be az liberty to form u rmaneut cousttu-
ton ani state government, upon condition that
such constitution aud state government be Rapub-
hance. By tour successive acrs or Congress, 90
wit: June 2s.lS3i: Aprl 30, s36: June | =, s:js
and March 2, lsi9, all ana singular the rights.
PRIVILEGES aud advantages granted, aud secured 10
the people Of the territory northwest OF the River
Ohio by the articles OF the compact contained IN
the ordinance of July l3 l7s7, were extended aud
secured 10 the Inhabitants Of DAKOTA in the territory
east OF the Missouri and west Of the White Elk rv-
ers, and neither Of said acts have ever been re-
nealod either in express terms or by impiica-
lion. These guarantees have been carried into
effect by the admission Of i've States east uf the
Mississippi river and Two States west Of thst river.
with areas reas nahe IN extent. The Territory of
Dakota south Of the forry-sixth parable! of norlh
arger in extent than either of these States eaye
me now has a population OF at least 500. 900 in
according TO the Information Of the best
Informed among hem, and beyond all doubt has in
lumber excess of tho requirement
'or two members Of congress under the
oreseut ratio, as they were apportioned
Dy the last congress The constitution OF the
United States cauuot, aud does not contemplate
hat the inhabitants Of the Territory shall be kept
,ut of the Union aud IN stats OF dependency aud
;assa age for an indefinite time On the contrary
: ts oil bY nil q nj
with farther guarantee, whenever the inhabitants
lf Territory having sufficient number OF inhab-
tants 10 insure & stable government, aud have
clothed th nseiVes with the varapherna Ia OF inde-
pendent power, with constitution republican In
orm. they "t right entitled 10 admission into
he union of States, and such right cannot he
tented only upon the ground that no power exists
o enforce Il. Inc committee can but nope To out.
inc the impregnable argument upon which the
,eople can place their ght TO recognition. They
lavo prepared and herewith submit preamble !
ully setting forth the claim Of this people 10
'njov the blessings OF self-goverrmeut. aud W
tina; it be- substituted for The pream-
Die reported by the committee on the the preamble
o the constitution,
PREAMBLE
We, the people of Dakota, through our repre-
entatives Tn convention assembled. accepting the !
Of the federal constitution AMI relying
Ipon .he pledged faith Of congress in extending to
he inhabitants OF this portion of the territory Of
be United States the rights priviIes aud immuni-
les secured TO the people Of tho territory north
vest Of the Ohio river 10y the ordinance of 7s7 in
'udug the night to form for ourselves
% admitted into the Union au equai footing
With the original States. such right being for |
hem secured hy the conditions Of the cession from
France of the Province Of Louisiana, having com
)lied with all OF the conditions Ccssary 10 adnis-
ion, map;testing nrofouad reverence for the su-
Ireme rules o the universe, IN order TO form more
perfect aud more Independent government, estab-
ISL Justice insure tranquility, provide for the
defense, promote the general welfare and |
10 ourselves aud 10 posterty the bless
ngs OF liberty. do ordain aud establish this consti-
utou for the State Of Dakota
Judge G. c. Moody, charm IN OF the judi-
,iary. who wrote the report, says that if the |
representative people of North Dakota in an
manner represent To this conven-
ion that it il desired that South Dakota should |
Tot assume the name of Dakota without a pre-
TX, thar he will move to instruct the commit |
ec that will present the constitution Of this
convention 10 congress- for ratification 70 ask
congress TO insert prefix 40 that the name
will be South Dako'a Before tho preamble is
Idopted, however, i; may be amended 40 that
he beginning will read "We tho peorle OF
Dakota south Of the forty sixth parallel" etc e.,
which ii is believed will remove the objection
being uttered by the people Of Dakota north.
APPo RTIoSMENT.
To morrow arcport will 20 70 the con invention
rom the committee on congressional and legis-
ative apportionment that will no doubt be the
'ource Of considerable comment II fixes the
districts uutIl Otherwise provided
'or by law as folows:
First District The counties Of u niou, Clay !
fankton, Bon Homme, Charlie. Mex, Douglas |
Hutchinson, Turner. Lincoin, MinneLaha. Nc |
Cook. Hanson. Dawson, Aurora, Brule, Buffalo !
Sanboru. Miner. Lake and Moody
Second other portions OF the state not in |
,luded in the First district.
Senatorial Districts-District No l, county o !
Union. oue senator: No =, Clay. one senator: No |
3, Yankt on. two senators: NJ. 1. Bon Hcmme, ont
senator; No. >. Chr -les Mx. Brue and Buffalo |
me senator: No. q. Douglas, one senator: No. |
!. Turner, sena,or No, = Lincoln, one |
snA or: No. ., MinnehAha, two senators: No. 10, !
Moody, one senator: No IL, Hansen and Nc |
Cook. one senator: No. IL. Dawson and Sanborn, !
me senator: No. l3, Aurora and Jerauid, one sen-
tor: No, Ia, Lake and Miller, one senator; No. |
nran NJ xhnrx