Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-05-25

TEKMg OF SUBSCRIPTION: By carriers, per
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Once q on ETH Thir1 ri sss si frs.s s and D.Lot.i.n
BOWEN = K1NGsBURY, Prop'ts.
THE STATE AND THE TERRITORY
DECISION OF THE COURTS.
In the case OF Scott VS.. the Detroit
Young Mems society, lessee, l Mich. 1873,
the court say, in addition to what we
have quoted above. as follows: eve shall
first inquire whether Michigan was q
state, with constitution, and govern.
'ment organized under it, possessing the
sovereign power of state legislation over
the people within her limits, on tho 26th
day of March, 1886. If not, then the
act to incorporate the Detroit Young
Mems society" passed by body claim
ing to be the legislature of such state.
and approved by Stevens L. Mason az
governor of such state, on the day last
mentioned, was nnllity. It gave no
vitality or powers to the defendants, as
corporation. They had no power to take
and hold the real estate in question, or
to sue for it's recovery; and the court be.
low erred in permitting the act to be
read in evidence to the jury and in
charging the jury that the defendants
were we'll incorporated under it.
The people of the former territory Of
Michigan, remained subject to tho terri
torial government established by con-
gress, until after they had acquired and
exercised the right to organize a state
government. That right was secured to
them, on the happening of q certain
future contingency, by the Ordinance Of
congress for the government of the ter.
'ritory of the United States northwest of
the river Ohio,'' passed July ID, 1887.
Article V. of the ordinance, provides
for the division of the territory north
west of the river Ohio into states; and
also that whenever any of the said
states shall have sixty thousand free in.
'habitants therein, such state shall be
admitted, by its delegates, into the con-
'gress of the o. s., on an equal footing
with the original states, in all respects
whatever; and shall be at liberty to form
a permanent constitution and state gov
ernment." That the people of this dl.
vision OF theinorthwest territory, when
it was found to contain sixty thousand
free inhabitants. had right to form q
permanent constitution and state gov.
eminent is unquestionable. The right,
and the power to form such constitu.
tion and government, was as absolutely
and irrevocably vested in, and secured
to, the inhabitants of Michigan, by the
compact contained in the ordinance of
1887, between the original states, and the
people who then did, and who should
thereafter lnhsbit the several divisions
of the territory northwest of the River
Ohio. as was the right .of free govern.
ment vested in and secured to the whole
people of the American union, by the
constitution of the United States. That
right could in no way be modified OF
abridged, or its exercise controlled or re-.
strained, by the general government. OF
by any other power whatever, unless it
was done by the consent of the people
themselves.
Although, in the wording of this arti.
Gle of the ordinance, "the liberty to form
permanent constitution and state gov.
ernment," follows the grant of the right
OF such state to "be admitted, by its dele
gates, into the congress of the United
States" yet, it is evident that the forma
ton of the state must of necessity, pre-
cede such admission. The state mus
exist, before it can have delegates.
To gain admission in fact into congress.
the new state must obtain the assent O.
that body, not because she does moi
possess a positive and unqualified right
under the ordinance, to such admission
on an equal footing with the origina
states, with her boundaries as defined an,
agreed to in that instrument, but for th
sole reason. that the older states repre-
sented in congress, who are the othe
party to the compact, have physicis
power to refuse compliance with tn
terms of an agreement. which they hav
deliberately made. and there is no thir;
party, to which the state, the wcake
party, can resort to coerce fulfllmen
Of the agreement.
Nosuch assent, however, was necessary
to enable the people to convene, at sucl
time and place, and in such manner, q
they might determine upon, and erec
for themselves frame Of government
The only condition necessarily preceden
to the formation of such government, wa
the existence of sixty thousand free in
habitants within the prescribed limits O
the state.
That Michigan contained the requisit
number Of free inhabitants to entitle he
to constitution and state government