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

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test. found themselves overwhelmed with
8 debt. which they were unable to dis
charge. They were unwilling, and per-
haps unable, tn be taxed for its payment.
For the purpose Of providing the means
to pay this debt, extensive
tracts of land were sceded
to the confederation, by Virgins
and other states. These lands were an
unreclaimed wilderness, peopled only BY
savages, and consequently unproductive
and valueless to the treasury. To induce
their settlement and sale, was, therefore,
an object Of the first importance to the
states; and, to effect this object. the
terms Of the compact contained in the
ordinance of 1887, we're proposed. The
confederation. In that act, in effect said.
to those who should emigrate to either
division Of the northwest terrltory-"If
you will buy, reclaim. and settle our
waste lands, and thus replenish our
empty treasury, and, at the same time,
protect our widely extended north.
western frontier from the incursion, of
the Indians, We will provide for your
government until your number shall
reach sixty thousand; and then you
shall be at liberty to form state govern
ment for yourself, and shall be admitted
into our union of states, on an equal
footing in all respects with ourselves"
To this compact, the people who
settled in the now state of Michigan,
became party, and entitled to insist
on the fuldllment of its terms
BY the general government.
When, in 1884, therefore, it was ascer-
tained that the event had transpired, ON
the happening of which, the right of the
people Of Michigan to form . constitu-
ton and state government was to vest,
they were at liberty. at any time. to
avail themselves of that right. The
general government nowhere provided in
the compact. that the people should
obtain their assent, before they proceed
ed to form such government. If the
people had the power to form q perma-
nent constitution and state government,
it follows that they possessed the power
to put the various departments of such
government into operation.
If it be said that the constitution and
government should have been first sub
mitted to congress that it might be
adiudged by that body whether they
we're republican and in conformity to
the principles contained in the ordin.
ance, it may be answered, that the con.
federation reserved to congress only
the right to determine the character OF
the constitution, when after its adoption
by the people, application should be
made. for admission into the union. II
the state constitution should be
found to be repugnant, in
any Of its provisions, to the
ordinance Of 1887, OF to the constitution
of the United States. or to the laws Of
the United States made in pursuance
thereof, it would, 80 far forth, be utterly
null and void, and beso adjudged by the
appropriate tribunals, the courts Of
justice.
The constitution and government,
formed BY the people of Michigan, was,
then, authorized by the ordinance oi
1887. and it was competent for the peo.
pie to put such government in operation
"a legislature was duly organized in
all its branches, and . governor elected
'agreeably to the provisions of the con
'stitution. The act to incorporate tn
Detroit young mems society was passed
by the legislature and approved BY th,
governor, according to tie forms pre-
fscribed by the constitution. It was ad.
tmisslble in evidence on the trial and i
conferred upon the defendants, among
tother corporate franchises, the right t.
purchase, hold and convey the real es
tate In question, and to sue for its re-
'covery."
cite the foregoing decision in thi
paper in full that % far Is it relates t
this point that the full force of th
decision may be seen.
By the decision Of the Michigan court
the following positions are settled an
established. sos
1st. That no enabling act of congres
was necessary to authorize the people Q
Michigan to frame their constitution an
establish their state government.
End, That that right was absolutel
and unqnAlifiedly secured to them b
the compact in the ordinance Of 1877.
Sd, That the power to frame oonsti
tuition includes the power to frame
state government and put il into opers
tion.
4th, That this constitution and 20,
ernment were in lawful existence an
the laws of its legislature had full fore
and effect before the admission sof th
state into the union.
HuoH ]. CAMPBELL.
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