Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-05-26
THE STATE.

1n6 AboOLuTE AND CONVENTIONAL
RIGHT OF THE TERRITORY TO BECOME A
STATE As AFFIRMED BY THE SUPREME
COURT OF THE UNITED STATES.
But the supreme court of the United
States have decided very emphatically
and repeatedly the charater and limita-
tions of the territorial government.
We quote from the leading case, that
OF Dred Scott vs. Sandford- case which
is historical, aud was decided in times of
great political excitement, but in which
the luminous and powerful reasoning of
Chief Justice Taney, Las received the
final verdict of the general approval Of
the bar OF the United States.
Dred Scott gs. Santord-Opinioa of tie
Court. By Chief Justice Taney: De-
cenaber Term. 1855, 10 Houara, 446.
"There is certainly no power given by
the constitution to the federal govern.
ment to establish and MAINTAIN colonies
bordering on the United States, OF at q
distance to be ruled and governed at its
own pleasure; nor to enlarge its territor.
lal limits in any way. except by the ad.
mission of new state. That power is
plainly given, and if q new state is ad-
mitted, it needs no farther legislation by
congress, because the constitution itself
defines the relative rights and powers,
and duties OF the state, and the citizens
OF the state and the federal government.
But no power is given to acquire terri.
tory to be acquired and held perma.
nently in that character.
"And indeed the power exercised by
congress to acquire territory and estab.
lish government there according to its
own unlimited discretion was viewed
with great jealousy by the leading
statesmen of the day. And in the FEEDER
alist (No. 3s). written by MIR. Madison,
he speaks of the acquisition of the north
west territory by the confederate states,
by the cession of Virginia. and the estab-
hshment OF government there, as an
exercise of power not warranted by the
articles Of confederation, and dangerous
to the liberties of the people. And he
urges the adoption of the constitution as
security and safeguard against such an
exercise of power.
I'VE do not mean, however. to question
the position of congress in this respect.
The power to expand the United States
by the admission of new states is plainly
given; and in the construction of this
power by all the departments of the gov
ernment it has been held to authorize
the acquisition of territory. not 6t for ad-
mission at the time, but to be admitted
as soon as its population and situation
entitle it to admission. 1t is acquired to
become state, and not to be held as
colony and government by congress
with absolute authority; and as the pro.
priety of admitting new state is com.
rhitted to the sound discretion of con.
gress. the power to acquire territory for
that purpose to be held by the United
States until it is in suitable condition
to become state upon IN equal footing
with the other etates, must rest upon the
same discretion. 1t ls question for the
political department of the government
and not for the judicial; and whatever q
political department of the government
shall recognize as within the linn.
its of the United States, the judicial
department is also bound to recognize.
aud to administer in it the laws of the
United States, SO far as they apply, and
to maintain in the territory, the author.
ity and rights of the government, and
also the personal rights aud rights of
property of individual citizens, as secur.
cd by the constitution. All we mean to
say on this point is, that, as there is no
express regulation in the constitution
defining the power which the general
government may exercise over the per.
son or property of citizen in territory
thus acquired, the court must necessari.
ly look to the provisions and principles
of the constitution, and its distribution
of power, for the rules and principles by
which its decision must be governed.
"Taking this rule to guide us, 1t may
be safely assumed that the citizens of the
United States who migrate to territory
belonging to the people of the United
States. cannot be ruled as mere colonists,
dependent upon the will of the general
government, and to be governed by any
laws it may think proper to impose
The principle upon which our govern.
ments rest, and upon which alone they
continue b exist, is the union of the
states. sovereign and independent with
in their own limits in their internal and
domestic concerns, aud bound
together as one people by general gov
ernment. possessing certain enumerated
and restricted powers. delegated to it by
the people of the several states, aud sx
ercising supreme authority within th.
scope, Of the powers granted to it.
throughout the dominion Of the United
States. A power therefore in the gener
al government to obtain and hold colo
mics and dependent territories, ove
which they might legislste without re
striction, would be inconsistent with it,
own existence in its present form. What
ever it acquires, it acquires for the bene
fit OF the people Of the several states wh,
, created il. It is their trustee actiug2 TO
them and charged with the duty Of pro
'inotius the intsresh OF the whole peopl