Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-05-29

During the past week the Press and
Dakotaian has been giving place to Sc.
ries of articles relating to the rights Of
territories and their eligibility to state
hood, the last of which appears to-day.
These articles contain all the known au.
thorities upon the subject, compiled and
commented upon at length by one of
Dakota's ablest lawyers-United States
Attorney Campbell. He has given to
the case the close investigation of hard
working lawyer, has argued it purely
from legal and constitutional stand
point and has furnished the people of
Dakota with more information upon this
important subject than could have come
to them through lifetime of actual ex.
perience. The newspapers of Dakota
could confer no greater favor upon their
readers than to reproduce the entire sc.
ries of letters written by General Camp.
bell.
Many important conclusions are
evolved from the mass of evidence fur
nished, chief among which is the un-
doubted right of the people of southern
Dakota to proceed Immediately to the
formation of state government. 1t may
be said that congress will not recognize
the movement-will not admit the state
The authorities quoted-runniug down
from the United States supreme court,
through the various legislative and ex-
ecutive departments of the natlon-prove
concluslvely that congress has no option
m the premises. The power to organize
for self government is inherent with the
people There is but one restriction re.
cognized by the courts, namely: That
the section out of which it is proposed
to construct a state shall possess the
requisite population. The interesting
decisions relative to the states of Michi
gan and Tennessee sustain most com.
pletely this view of the case and there
are numerous other authorities tending
in the same direction. The experience
of the two states named is particularly
valuable to us at this juncture, because
they were formed by the people them.
selves from portions only OF the terri
tory to which they belonged. Ir
creating the state of Dakota it is pro
posed to use but one-half of the territor,
of Dakota and very many wis
people have put toward the objection
that We have not the right to lnclud,
such division in our efforts to enter tht
union. But General Campbell's re
searches have demonstrated conclusively
that southern Dakota, although its people
can erect and maintain state govern
ment.
Under law, precedent and court decia
ions we are possessed of greater right
than was supposed. We have the un
doubted authority to meet in convention
and adopt constitution. The same be
ing ratified by the people we have th
right to elect state officers, to provid.
our own courts, to collect taxes and t
manage our own affairs. Should tn
provisional organization provide,
by the general government refus
to recognize the government provide
| by the people, such refusal would not ii
any degree affect the legality of tina
government. Should congress declin
to admit our representatives, for th
time being, that act would not take iron
US the privilege of governing ourselve
here at home. We are possessed of tn
one requisites sufficient number {
people to entitle us to admission int
the union-and the general governmen
has no authority whatever to deny U
the right Of self-government. which j
guaranteed to all, under the constitutio
and the laws. We are therefore in fave
of immediate state organization, entirel
independent of any act of authorlzatlo
or consent upon the part of the Cover,
ment at Washington. We al
in favor of it becaus
the time has arrived when we shoul
manage our own affairs and not
. longer subjected to the governing pow.
of men appointed from tt
, states. We are in fave
of it because it is our constitution
right. privilege and duty. The provi
ional government would be compelle
in time to yield to such an arrangemel
and if it chose for period to maintai
an unrecognized organization no OF
/: would be injured by the harmless dive
+ sion. The legal, constitutional goverl
me Mt would be the peoples governme,
and before it mere assumption of del
3 gated power could not prevail.
The first intelliyence sent from Yankt