Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-05-19

Bsas0 te8lslatut0 mes 21d called. con.
vention BY an act Of tlS = Sfslats n
passed July 25. laess GAis u hvsntiSn
mst in Septenb6 1895 and refused 70 |
sSsent to the condition imposed by
congress. Then . new c6ni isAt3cn
elected by . voluntary MOVE |
ment ofge Tho p psopls uiAlssut
the authssityaosssssar l. rs ss1a6s |
Legislature or the territorial. Legislature. |
bat called ~ The people themselyas, pas |
elected, and INST in Deoembss, glsp6d
which accepted the condition. imposed |
BY congress and comnunicatad thsir. 8. /
tion to the president Tho president
stated to congress that IL the eommuni.
cation had arrived during the recess Of /
congress he would have issued his proc
lamation declaring the state admitted,
and that in his opinion the state had
complied with the terms Of admission.
Thus Jackson recognized the validity Of
. estate convention that was called neithseI
BY congress nor the state Legislature nor
the territorial legislature. Congress then,
BY an act reciting that the state Of Mich
igan bad asssnted TO thSssquissd'bounds
aries. admitted the state iatosthe Saion
January 2a 1887. 4 Thus osngrss, I'll
we'll as the executive powert ad-
mitted the legality and validity
OF this convention called neither BY con-
gress nor state Legislature, nor terri.
torial legislature, but called simply BY
the inherent" power, and the '.unalien-
able and indefeasible right Of the people
'to alter, reform, or abolish their govern
'ment in such manner a. they may think
proper" as well q the legality and val
idity Of the previous convention and 81
the state legislature. But the legal right
and authority of the people Of Michigan
to call these conventions and to estab-
lish state government besides being n.
cognized by the president and confirmed,
approved and ratified by congress. was
expressly and emphatically afiiraed SSd
authoritetively estsb bai.hed ~ stlsAuss /,
thus ppteing ltbsyen4 aaes lie
was Che case. The state leo;siatnre ~
Michigan, elected under the new oon.ti.
tuition, met and organized March 8, 1885,
ono year and three months bsfore its
conditional admission, June Is. lsos, ,asl
one year and ten months before its 6nal
admission, January 26, 1887. The terri
tofial government still claimed 10; ;axist
yet this state Legislature procesdsd 70
lesislate, and assume ali the powers Of .
state government. Among Other -lavs,
they passed law Incorporating the
.Detroit Young Mons society, |" ,kasGh
Is 1855. THAT soeissy obtained titls q
certain real estate, and claimed posses
sion. Its lawful existencs was denied
and its rights to do any corporate act q
to own property vas tried IN
the courts in an action oa
ejectment brought by. the society.
The dafandants- claim that ths.svas "a
legal state government, no lawful stat
legiaaatu1er within tho territory d ltiskj
gan, and No lawful Incorporation. Thal
the territorial government vas sill II
existence, that the state government w,,
4 not recognized BY congress. and .th.t ,
territorial and state government osasno
co exist within the same tarritory. w
hear something like this nov from =.
tain nnderlinKa Now. hear, What th
supreme court of the state of Miohir.,
Il. =