The Dickinson press., 1883-09-22

the source of any amount of corruption and in
Justice. and should be abolished. 1t is the shield
behind which all rsscals hide. A man who honest-
ly believes he has a COOL case is always ready to
waive u jury. The expense of maintaining grand
iuru has long been money thrown away on q
farce.
j. R. Gamble of Yanlltcn also favored trial
by judge ouly. Ex-Secretary Hand said:
Ihaye seen both Of the gentlemen MOODY and
where had they themselves been on trial. and 3
jury sitting in Judgment, they would both have
gone 10 the penitentiary.
adopted, not only docs away with the grand
jul y, but gives a defendant privilege of waiy.
ing trial byc ury in crlmlnal cases.
SIOUX FALLS, Special Telegram, Sept. H.
A report has been prepared by the judiciary
committee on the preamble to the constitution,
tomorrow. The report made several davs
ago by the committee on preamble to the con-
%stitution was found to be unsatisfactory, the
preamble involving, us it does, several legal
points, and it was referred to the judiciary.
The judiciary report will DO introduced by
some argument from the committee, 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 convon-
ton, with instructions to submit it to congress
at the time the constitution is presented for
ratification. The report of the committee is
as follows:
It is clear that the United States government in
tho treaty of cession by France of the province of
Louisiana. of which this territory formed a part,
agreed as a condition of such cession that it would
admit and incorporate into the union of the United
States according to the principle of the federal
constitution the inhabitants of the ceded territory
and permit them to enjoy all the rights, advantages
aud immunities 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 s sew Sta !, have al
discussion of the effect of this treaty by the COM
pact contained in the ordinance of congress of July
Is. 1887. and the &C. and deed of the cession Of
Virginia. it was expressly agreed as among the
rights and privileges thereby secured to inhab-
itants northwest of the River Ohio,
divided ihst the into sAi States territory of reaso saSS1a ar be
and that whenever any Of tho said States should
have CO. 900 free Inhabitants therein. such State
of the United States on an equal footing with the
original States in all respects whatsoever, and
should be at liberty to form a permanent constitu-
| ton and state government, upon condition that
such constitution and state government be Repub-
lican and conform to the nrinciple of such ordi-
nance: By four successive acts Of congress, to-
and March 3. ls49, all aud singular the rights,
privileges and advantages granted. and secured to
the people of the territory northwest Of the River
Ohio by the articles of the compact contained in
The ordinance of July 13. 1887, were extended and
secured to the inhabitants of Dakota in the territory
! east of the Missouri and west of the White Elk riv-
ers, and neither of said acts have ever been re-
nealed either in EXPRESS terms or by implica-
ton. These guarantees have been carried into
effect by the admission Of five States east of the
| Mississippi river and two States west of that river,
With areas rease nable in extent. The Territory Of
| Dakota south of the forty-sixth parallel of north
latitude, with al area of 10000 square miles and
1 800: a-k.rk t1o,, rSkk.~ ~ AI-..
one. now has a population of at least 800, 1000 in
h~abitants. according to the information of the best
informed among them, and beyond all doubt has iu
for two members of congress under the
BY the last congress. The constitution Of the
that the inhabitants of the Territory shall be kept
| out of the Union and in q state of dependency aud
v~assalage for an indefinite time. On the contrary.
tits conceded by all thoughtful mon that under it,
| with farther guarantee. whenever the inhabitants
of a Territory having sufficient number of inliab-
itants TO insure a stable, government. and have
| pendent power, with a constitution republican iu
form. they are Of right entitled to admission into
the union Of States. and such right cannot be
| denied only upon the ground that no mower exists
line the Improbable areuments upon which tho
PEOPLE can place their right to recognition. They
fully setting forth the claim of this people to
enjoy the blessings of self-government, aud We
recommend that it be substituted for the pream-
bic reported by the committee on the tho preamble
to tho constitution.
PREAMBLE.
We. the people of Dakota, through our repre-
sentatives in convention assembled. accepting the
guarantees of the federal constitution. and relying
upon the pledged faith of congress in extending to
the inhabitants of this portion of the territory Of
the United States the rights, privi!es and immuni-
t Te.t s ef tbe ohio Il ,s ri1 ps9bp y the OF or 1lI tscsi o3 y7 s9ri III.
Guiding the right to form for ourselves
a State constitution and government and
be admitted Pitt li into the Union on on, an equal footing
them secured by the conditions of the cession from
France of the Province of Louisiana. having COM
| piled with all of the conditions necessary to admis-
sion, manifesting profound reverence for the SUI
orerne rules of the universe, in order to form a more
perfect and moro independent government. estab-
lish Justice, insure tranquility, provide for the
common defense, promote the general welfare and
preserve to ourselves and to our ~posterity the bless
ings of liberty. do ordain and establish this consti-
tuition for the State Of Dakota.
Judge G. G. Moody, chairman Of the judi
ciary. who wrote the report. says that if the
representative people of North Dakota in an
authoritative manner represent to this convon-
ton that it is desired that South Dakota should
not assume the name of Dakota without q pre-
fix, that he will move to instruct the commit
tee that will present the constitution of this
convention 10 congress for ratification to ask
l SOh6ASSo w ~ pASaA . VboV SA0 A0iuo
will be South Dakota. Before the preamble is
adopted, however, it may be amended SO that
the beginning will read: "We, the people of
Dakota south of the forty-sixth parallel" etc,
which it is believed will remove the objection
being uttered by the people of Dakota north.
AP~PoRTIoNMENT.
Tomorrow a report will 80 to the con vention
from the committee on congressional and legis-
lative apportionment that will no doubt DO the
source Of considerable comment. 1t fixes the
congressional districts until otherwise provided
for by law as follows:
First District: The counties of Union. Clay
Yankton, Bon Homme. Charles Mex. Douglas
Jerauld. sanborn, Miner. Lake and Moody.
s~econd-Al other portions of the State not in
c!uded in the First district.
Senatorial D~istricts-District No. /, county Of
Union. one senator: No. 9. Clay. ono senator: No
8, Yankton. two sen1,ers:N No. a. Bon Homme. one
senator: No. 5. Che vles Mix. Brule and Buffalo
one senator: No. 8. Douglas. one senator; No.
senator: No. 8. Minnehaha, two senator's; No. 10,
Moody, one senator: No. II. Hanson and Nc
ator: No. ID. Lake and Miller. one senator; No.
IS, Brookings. one senator: No; 16. Kingsbury
and and . G1ase; G Ho. %5 sen Hand No sna ~ Av, Bead de-
senator: No. 10. Hughes. one senator: No. 20.
Sully. Potter. Walworth aud Campbell. and all that
portion Of territory north of said counties and
south south. Of f.. f osns,a,. NJ parallel rs Of nq %s7
munds aud Mcpherson aud all that portion
of the Territory north of said counties and south oil
the twentv-sixth parallel of north latitude, one
senator: No. %, Sphinx. one senator: No. %. Cod.
dington. one senators: No. "a. Deuel. and Hamlin.
one senator; No. 25. Grant aud Roberts, one
senator: No. 2G. Brown aud all that portion Of